View Full Version : Lawmakers Question Medicare Bidding Plan


Laura
05-07-2008, 10:33 AM
You remember how well it worked when we had rocket componants made by the lowest bidder...
http://online.wsj.com/public/article/SB121003642419969439.html?mod=2_1566


Lawmakers Question Medicare Bidding Plan
By ANNA WILDE MATHEWS
May 6, 2008; Page A4
Members of Congress are expressing concern and scheduling hearings about a Medicare plan to use competitive bidding for products such as wheelchairs and walkers, in a sign that lobbying by medical-equipment companies is gaining traction.

Currently, companies receive a government-set fee to distribute such equipment for patients' home use. Under the competitive system, companies bid on how low a fee they would be willing to accept. Medicare then limits distribution rights for a particular geographic area to several low bidders.

An experiment with competitive bidding, mandated by a 2003 law, is starting in 10 cities this July. It is expected to expand to 70 more cities including Los Angeles and New York next year. The project involves ten categories of medical products, among them power wheelchairs, walkers, hospital beds and oxygen equipment.

Officials at the Centers for Medicare and Medicaid Services say competition could ultimately save $1 billion a year. "We know we're overpaying," said Kerry Weems, the agency's acting administrator. He said competitive bidding, combined with the initiative's quality and financial requirements for bidders, "will hold this industry accountable."

Critics in Congress and elsewhere say service for the elderly will suffer if the bidding system drives some operators out of business. "We are very concerned about a decrease in quality and access and choice of provider," says Peter W. Thomas of the Consortium for Citizens With Disabilities.

Competitive bidding could challenge medical-equipment suppliers and manufacturers accustomed to the current payment system. Though much of the market is made up of smaller companies, some larger firms are involved, including Apria Healthcare Group Inc. and Lincare Holdings Inc., which both provide home oxygen equipment and other supplies.

"I'd like to see the whole thing scrapped," says Rep. Pete Stark, the California Democrat who chairs the Ways and Means Committee's health subcommittee. He believes Congress will take action against the project. "It's just a question of whether we'll do it in 2008 or 2009," he says.

The health subcommittee holds a hearing Tuesday on the issue. Another House panel, the Small Business Committee, is planning a hearing later this month. Several members of Congress from both parties have expressed concerns in letters to the Centers for Medicare and Medicaid Services.

"There are serious flaws" in competitive bidding, says Frederick H. Graefe, a lawyer and lobbyist who represents Invacare Corp., a major medical-equipment manufacturer.

The effort to delay or stop competitive bidding highlights the challenge of trimming Medicare costs. Medicare is projected to cost the federal government about $390 billion in the 2008 fiscal year, up from $375 billion in 2007, according to the Congressional Budget Office.

The Medicare agency has said that, for the first round of 10 cities, it expects its payments for the equipment to average about 26% less than what it currently pays. Beneficiaries pay 20% of the cost of their products.

An earlier competitive-bidding experiment in two locations was found to save money and not significantly affect beneficiary access in an evaluation commissioned by the Medicare agency. "It worked in terms of driving down prices and, more importantly, in saving money for the program," says Joseph Antos, a former Medicare official now at the conservative-leaning American Enterprise Institute.

Opponents of the competitive-bidding project say implementation has been flawed, with legitimate bidders mistakenly disqualified. They argue that the project will ultimately cut down on competition. "It's going to reduce severely the number of providers," says Tyler J. Wilson, chief executive of the American Association for Homecare, which represents suppliers and manufacturers.

Mr. Weems, of the Medicare agency, says Medicare employees checked the documents for 100 companies that had been disqualified based on paperwork problems, and the disqualifications were justified. He says winning bidders had to meet quality standards.

Laura
05-07-2008, 10:37 AM
The Hill also had a story about this proposal...
The Hill (DC Hill newspaper) re: Competitive Bidding
>
> Wheelchair lobby takes on Medicare
>
> By Jeffrey Young
>
> 05/05/08
>
> Armand Legault must make a pretty persuasive lobbyist.
>
>
> The 58-year-old Connecticut resident is knowledgeable, articulate
>and
> good-natured. But when it comes to his efforts to
> convince Congress to protect patients’ access to complex power
> wheelchairs, Legault’s best asset might be his physical
> presence.
>
> Legault is paralyzed because of muscular dystrophy and is only able
>to
> move around and get to Capitol Hill because of
> his wheelchair, a custom-fitted, high-tech contraption with gears
>and
> levers that allow him to position and reposition
> his body.
>
>
> In an ordinary electric wheelchair, Legault would be vulnerable to
> circulation problems and painful pressure sores.
>
> “You can’t just get fitted for a wheelchair like this off the
>street,”
> Legault said. It can take 10 visits to a vendor to
> fit the chair properly.
>
>
> Now Legault is worried that changes to a Medicare program designed
>to
> cut costs could affect the quality of service
> associated with these high-end wheelchairs.
>
>
> An army of professional lobbyists is working toward the same goal as
> Legault, a retired state tax auditor and patient
> advocate, but their mutual success is far from assured.
>
>
> In a series of lobbying meetings in April, organized by Quinn
> Gillespie & Associates and the National Coalition for
> Assistive and Rehab Technology (NCART), Legault and the lobbyists
>have
> sought to convince lawmakers to exempt complex
> wheelchairs from a new competitive bidding program for Medicare.
>
>
> Perhaps foremost among the difficulties will be making lawmakers
> understand the difference between these Stephen
> Hawking-style wheelchairs and standard electric wheelchairs and
> scooters, which are costing Medicare hundreds of millions
> of dollars a year in spending. Those costs have raised eyebrows on
> Capitol Hill.
>
> Under Medicare’s new program, durable medical equipment (DME)
> suppliers have to bid to be allowed to sell their products
> to Medicare beneficiaries. It is a business worth billions of
>dollars:
> the program covers items ranging from diabetes
> test strips and walkers to oxygen tanks and power wheelchairs, both
> simple and complex. In all cases, suppliers will get
> paid less than they are now.
>
>
> NCART is a relatively small contributor to the high-stakes lobbying
> mission, which has been intensifying for almost five
> years.
>
>
> Medicare will spend $468.1 billion this year. NCART says it would
>cost
> $46 million over the next five years to exclude
> complex rehabilitative equipment from the program.
>
>
> Medical equipment industry representatives and patient advocates
>will
> plead their cases at a hearing before the House
> Ways and Means Health Subcommittee on Tuesday. Centers for Medicare
> and Medicaid Services (CMS) acting Administrator
> Kerry Weems is expected to defend the program.
>
>
> Influential corporate interests, especially wheelchair and oxygen
> suppliers like Invacare, are furiously working to get
> Congress to postpone the program. Lobbyists say CMS is mishandling
>the
> program, that the pay rates are too low to cover
> the cost of providing the supplies and that patients are going to be
> stuck with poor service from suppliers that
> low-balled their bids to win market share.
>
>
> CMS says the program has adequate safeguards to guarantee access to
> high-quality equipment.
>
> The challenge faced by Legault and NCART lies in trying to convince
> Congress that they are not just one more special
> interest complaining about Medicare payments a popular sport in
> Washington.
>
> “As you can probably imagine, the DME industry would love to have
>this
> be the face of their cause,” said Allison Giles, a
> Quinn Gillespie lobbyist who represents NCART. Giles was a senior
> staff member on the House Ways and Means Committee when
> the competitive bidding program was conceived.
>
>
> NCART’s members should not have been included in the program in the
> first place, and were assured by CMS they would not
> be, said Richard Forman, the president of Tisport, a wheelchair
> manufacturer based in Washington state. Giles said
> lawmakers were not taking aim at complex wheelchairs when creating
>the
> bidding program.
>
> A CMS spokesman flatly denied that complex wheelchair suppliers were
> ever told they would not be part of the program or
> that the agency went against congressional intent. “This is just not
> true,” he wrote in an e-mail.
>
> In the coming days, CMS will announce the winners of the first
>round
> of bids. The program takes effect on July 1 in 10
> metropolitan areas. Also in July, CMS will begin accepting bids for
> 70 more metro areas as part of a multi-year,
> nationwide phase-in.
>
>
> Patients like Legault could face big changes. Many will have to
>sever
> long-standing relationships with trusted
> providers. On the other hand, they stand to save money as a result
>of
> the lower average prices CMS promises.
> “The problem is, guys like myself, and there are quite a few of us
> out there, are going to have to take the hit for a
> study and that’s not fair. I may end up losing the ability to get
> out of bed, OK, because somebody wants to do a study
> to see if the numbers fit,” Legault said.
>
>
> Rep. Pete Stark (D-Calif.), the Ways and Means subcommittee
>chairman
> who has been skeptical of industry complaints,
> expressed openness to modifying the program.
>
>
> “We have heard from both suppliers and beneficiary advocates that
>the
> [medical equipment] competitive bidding program is
> not working as well as it is supposed to. I look forward to hearing
> their concerns, as well as from CMS, as we consider
> whether changes need to be made before the program is further
> expanded,” Stark said in a statement that accompanied the
> hearing advisory.
>
>
> House Minority Leader John Boehner (R-Ohio) is the most prominent
> lawmaker to call for the program to be pushed back.
> Freshman Democratic Rep. Jason Altmire (Pa.) has led a
>rank-and-file
> movement in the House.
>
> Ohio Sens. George Voinovich (R) and Sherrod Brown (D) and
> Pennsylvania Sens. Arlen Specter (R) and Bob Casey Jr. (D),
> among others, have written the administration to complain about the
> program.
>
> The complex wheelchair advocates have their own champions in Reps.
> Tom Allen (D-Maine) and Ron Lewis (R-Ky.) and Sens.
> Debbie Stabenow (D-Mich.), Tim Johnson (D-S.D.) and Olympia Snowe
> (R-Maine), who have sponsored legislation to get them
> out of the bidding program.
>
>
> Congress instructed CMS to design and implement the competitive
> bidding program in a 2003 statute.
>
> Lawmakers saw evidence mounting that Medicare spending on
>durable
> medical equipment was growing at an alarming rate.
> Medicare spending on power wheelchairs spiked 450 percent between
> 1999 and 2003, when it topped $1 billion, according
> to the Government Accountability Office.
>
> “When they hear ‘power wheelchair,’ they think of overutilization
> and fraud and abuse,” said Paul Bergantino, the
> president of ATG Rehab, a Connecticut-based vendor of power
> wheelchairs, scooters and other equipment.
>
> “We got caught in the crossfire,” said Bergantino, whose firm
> supplies and services Legault’s wheelchairs.
>
> Legault is worried about what all of this will mean to him and
>his
> health. A vendor that does not specialize in
> complex wheelchairs cannot provide the service he needs, he said.
>
>
> “They’re going to deal with me? … They’re going to laugh and walk
> away. … They have no idea what is entailed, so I’m
> going to get a bad product.”
>
>