WASHINGTON--Last week Rep. Shelley Berkley, D-Nev., introduced the Medicare O&P Improvements Act of 2009 (H.R. 2479). The legislation would assure licensure compliance, accreditation and qualifications of orthotic and prosthetic providers who treat Medicare patients.
 
And that, according to the American Orthotic and Prosthetic Association, would “enhance patient care, improve health care savings and reduce fraud.” The AOPA, which issued a statement applauding the May 19 bill, said Sen. Ben Cardin, D-Md., has indicated that he expects to introduce a companion version of the bill in the Senate.  
 
“Medicare fraud and abuse are an unnecessary economic burden on our current health care system and impede patient treatment,” stated AOPA President Brian Gustin, CP. “By enforcing state licensure requirements, we can help to reduce health care costs and help the millions of Americans who need orthotic or prosthetic care.”
 
The Medicare O&P Improvements Act aims to ensure higher quality of care by enforcing accreditation standards enacted by Congress in 2001 and linking Medicare reimbursement to O&P provider qualifications, the AOPA said, adding that applying “appropriate accreditation standards for O&P specialists” will help to reduce fraud.
 
H.R. 2479 would place “valuable credentialing requirements on providers, better serving patients by guaranteeing the appropriate training of the practitioners who treat them,” the group said.
 
CMS has exempted some “eligible professionals” and “other persons”—among them orthotists and prosthetists—from its Sept. 30 mandatory accreditation deadline for DMEPOS providers. But the agency has also said it will define by rulemaking how the quality standards apply to those groups.
 
A second bill affecting O&P called the Prosthetic and Custom Orthotic Parity Act of 2009 (H.R. 2575) was introduced by Rep. Robert Andrews, D-N.J., on Thursday. The bill would provide coverage of prosthetic and custom orthotic devices, as well as their repair and replacement, under the same terms and conditions applicable to other medical and surgical benefits provided under health insurance policies.
 
“At a time when health care costs are rising by about 7 percent annually, the financial hardship on those in need of prosthetic and custom orthotic devices is devastating,” Andrews said in his introductory remarks. “Expanding coverage for prosthetic and custom orthotic devices so that it is on par with other types of essential care not only will provide amputees with proper treatment, which will allow them to experience a better quality of life, but save our health care system money in the long term. That is, prosthetic and orthotic devices often dramatically decrease secondary health problems for those in need of such a device.”

The bill was cosponsored by Reps. Lincoln Diaz-Balart, R-Fla.; Al Green, D-Texas; George Miller, D-Calif.; Todd Platts, R-Pa.; and Joe Sestak, D-Pa.
 
Thirteen states have already enacted O&P parity legislation. Legislation of this type has also been introduced and is being considered in more than 30 other states.