AOPA NEWS ALERT - Amendment to Strike Competitive Bidding Fails; House Set to Approve Competitive Bidding for Certain Orthotic Devices

AOPA

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Title:

AOPA NEWS ALERT - Amendment to Strike Competitive Bidding Fails; House Set to Approve Competitive Bidding for Certain Orthotic Devices

Creator:

AOPA

Date:

6/21/2002

Text:

AOPA NEWS ALERT
Amendment to Strike Competitive Bidding Fails; House Set to Approve
Competitive Bidding for Certain Orthotic Devices

> Early this morning, Congressman Sherwood Brown (D-Ohio), a member of the
> Energy and Commerce Committee, offered an amendment to the House
> Republican Medicare reform proposal that would have eliminated all
> competitive bidding requirements from the legislation. Unfortunately,
> during committee consideration, the amendment was defeated by voice vote
> along party lines.
>
> Both the House Ways and Means Committee and Energy and Commerce Committee
> have now approved versions of a comprehensive Medicare reform proposal,
> H.R. 4954 The Medicare Modernization and Prescription Drug Act of 2002,
> clearing the way for the full House of Representatives to vote on this
> proposal next week.
>
> As currently drafted, H.R. 4954 would require competitive bidding for
> 'off-the-shelf orthotic devices that require minimal self-adjustment for
> appropriate use and does [sic] not require expertise in trimming, bending,
> molding, assembling or customizing to fit to the patient. When
> competitive acquisition for orthotic services was initially proposed in
> May of this year, it was far broader and would have subjected all orthotic
> devices to competitive acquisition that were not molded to the patient
> model.
>
> AOPA's attention now turns to the other side of the Capitol as Senate
> lawmakers begin to craft their version of a Medicare reform package. The
> association's top goal remains to eliminate from competitive acquisition
> all orthotic and prosthetic services.
>
> We would like to call on all O&P industry groups to work collectively to
> defeat this proposal.
>
> A summary of the competitive bidding program related to orthotic services
> in this legislation is provided below:
>
> Definition of items subject to competitive acquisition:
>
> * Off-the-shelf Orthotics -- Orthotics (described in section
> 1861 (s)(9)) for which payment is otherwise made under section 1834(h)
> which require minimal self-adjustment for appropriate use and does not
> require expertise in trimming, bending, molding, assembling, or
> customizing to fit to the patient.
>
> * Durable medical equipment paid for by Medicare except for
> products used in infusion therapy and inhalation drugs.
>
> Implementation period:
>
> The competitive acquisition program for certain orthotic
> devices that are identified by this provision would be phased in over a
> 3-year period. The language would require that at least 1/3 of the
> competitive bidding programs be operational in 2004 and at least 2/3
> operational in 2005.
>
> Terms of contract:
>
> The length of any contract entered into under this provision
> would be for a maximum of 3 years.
>
> Contract Criteria
>
> The following provisions included in the legislation outline
> how the competitive acquisition program would be structured.
>
> * The Secretary of HHS would be required to conduct a
> competition among entities and practitioners supplying specified orthotic
> services that meet the definition of off-the-shelf orthotics for each
> area covered by competitive bidding.
>
> * Practitioners and entities would be required to
> submit bids to Medicare in order to be eligible to receive a contract to
> provide specified off-the-shelf orthotics.
>
> * Practitioners and entities that are not awarded a
> Medicare contract under this provision would be barred from receiving
> Medicare payment for competitively bid items and services.
>
> * The total amounts paid under the contract (including
> costs associated with the administration of the contract) would be
> required to be less than the total amount that would otherwise be paid or
> these items would not be subject to competitive acquisition.
>
> * Bidding entities would be required to meet
> yet-to-be-determined quality and financial standards as specified by the
> Secretary of HHS or developed by accreditation entities or organizations
> recognized by the Secretary. These standards could not be less than the
> quality standards that would otherwise apply. Thus, state requirements
> such as licensure for O&P practitioners would not be preempted by this
> legislation.
>
> * The Secretary would be able to limit the number of
> contractors in a competitive bidding area to the number needed to meet the
> demand of items and services.
>
> * The legislation stipulates that beneficiary access
> to a choice of multiple suppliers in the area would be maintained.
>
> * The Secretary would be required to award more than
> one contract in each competitive bidding area for an item or service.
>
> * The Secretary could exempt from competitive bidding
> items and services that are not likely to result in significant savings.
>
> * The legislation does not include a rural exemption,
> meaning that both urban and rural areas nationwide may be subject to
> competitive acquisition. However, the Secretary could exempt areas that
> are not competitive due to low population density.
>
> * The Secretary would be required to consult with an
> expert outside advisory panel composed of an appropriate group of
> physicians, practitioners, and suppliers to review (and advise the
> Secretary) concerning such quality standards.
>
> * The Secretary would be required to submit an annual
> report to the Congress and must include information on savings, reductions
> in beneficiary cost-sharing, access to items and services and beneficiary
> satisfaction.
>
> * The legislation would allow for the continuation of
> the current Medicare competitive bidding demonstration projects now
> underway in San Antonio, Texas and Polk County, Florida.
>

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Citation

AOPA, “AOPA NEWS ALERT - Amendment to Strike Competitive Bidding Fails; House Set to Approve Competitive Bidding for Certain Orthotic Devices,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 2, 2024, https://library.drfop.org/items/show/218995.