Business Solutions
The New ... Normal?
2020 has been the year everyone would rather forget, with COVID-19 presenting the industry with a murder hornets' nest of complication in particular. What do the next few months hold for the industry?
- By David Kopf
- Oct 01, 2020
Photo © vladvitek/depositphotos.com
Back in April, as everyone already realized the
COVID-19 pandemic meant serious business,
we were subjected to another terror: murder
hornets. Sure, the infectious disease that was
rampaging throughout the world was the primary threat,
but murder hornets became the mascot for the year
everyone was already wishing would go far, far away. The
avian peril defined the tone of what we strained to call
the “new normal.” (A ridiculous description given that
nothing about 2020 has been normal.)
But the HME industry’s experience with COVID-19 has
shown that at least for the time being, normal is going
to be anything but normal. Providers have had to adopt
all-new protocols and procedures; they’ve had to totally
reorganize their businesses and workforces; they have had
to develop all-new ways to coordinate and communicate
with patients and referral sources. Moreover, the variety of
funding and regulatory changes, as well as aid programs
has been tough for providers to monitor. In short, it’s been
the new abnormal since March.
And COVID-19 is going to color at least the next
several months ahead. So, for our annual roundtable
interview with members from HMEB’s Editorial
Advisory Board, we looked at the public health
emergency, as well as other factors that will impact
providers. Let’s dive in:
WHITHER ROUND 2021?
Cara Bachenheimer, Lobbyist/Government Affairs for Brown & Fortunato, P.C.
At the time of this interview, we’re in
the third week of September, and we
have no information from CMS about
whether or not the bidding program is
actually going to start when it is
scheduled to start on Jan. 1, 2021.
There’s obviously, been a huge amount
of lobbying to get CMS to push the pause button on
the program, given the pandemic and given the
significant role that oxygen is playing in taking care of
COVID-19 patients. But this is a time when we would
normally expect the CBIC to be issuing information
about the single payment amounts, and in another
month to two months, we’d know who the bidders are.
But it’s been, literally, radio silence from CMS in terms
of next steps. And in conjunction with that, we don’t
have a proposed payment rule.
This rule was originally finished by CMS and was
sent over to the Office of Management Budget (OMB)
in March, right before the pandemic. And we were
expecting a proposal to come out early July. Then we’d
have a 60-day comment period. And then the government
comes out around Nov. 1 with a final rule.
We still don’t have any kind of rule, and the
interesting thing about that is whether that’s
related to Round 2021 being paused beyond
January 2021, or if there’s difference in the
payment rates. Now, obviously, the CARES law
payment rates — the higher rate that Congress
legislated early this year at the end of March —
are in effect for the duration of the public health
emergency. So any payment rule that CMS puts
out is essentially, overridden. The statute takes
precedence over CMS, so CMS don’t necessarily
have a say in the matter as long as the public
health emergency is around. But we don’t know
how long that’s going to last.
At this point, it’s really too late for CMS to put out
a proposed rule with a 60-day comment period.
If they even came out with it today, the 60-day
comment period would be end of November. They
could do a 30-day comment period, which they did
for some of the rules that they were laid off, but that
means end of October. And then they would have
to turn around a final rule to make it effective Jan. 1.
Or, they could do an interim final rule. So there are
processes, but right now it’s a big question mark.
KEEP ADVOCATING FOR H.R. 2771
Tom Ryan, president and CEO of the
American Association for Homecare
We continue to work with
Congress and pressure CMS
delay competitive bidding. As of
late September, we reached out
to CMS again, and they still have
not made a decision regarding
the payment rule or delaying
Round 2021. Basically, we’ve been in a gap period
right now for two years. The last rule that came
out continued with the 50/50 blended rate, which
was relief we had in previous legislation, and an
interim final rule. Now with competitive bidding
ready to start again in 2021, although we are
advocating for them to delay it, there’s going to
be some kind of rule that should be coming out
that would tell us what the rural and non-bid rates
would be.
We’ve got pressure in the House and the
Senate to delay competitive bidding. We had a
House initiative with 101 members signed off on,
and we’re working with Senate leadership, not
only to pressure CMS to delay it.
We’re working with the House and Senate to
pressure OMB to release the rule. And once that
rule comes out, depending on what is in it, then
we have to continue to work with Congress to get
relief for the non-competitive bidding areas.
Obviously, we have H.R.2771 out there, which
gives relief in the non-CBAs, and we have to
continue to advocate that. We have relief and a
public health emergency now for both non-CB
and rural areas, the 50/50 and the 75/25. We
certainly believe the public health emergency
is going to last through the end of the year. But
if the rule does not come out, and it does not
appropriately address rural relief. That’s something
we will have to focus on through H.R. 2771.
Advancing H.R. 2771 continues to be a grassroots
effort. The more co-sponsors that are
garnered, the better. Now, with a new Congress
that will lapse, and then you have work with the
new Congress to drop the bill again. So when
you’re looking out over the next several months,
this bill still exists in Congress. We have to be
prepared that, when that public health emergency
relief ends, that there’s a legislative vehicle
to get us some relief in the non-bid areas, and
that exists in 2771.
SUPPORT INDUSTRY ADVOCACY
EFFORTS AND ASSOCIATIONS
Steve Ackerman, CEO of Spectrum Medical Inc.
Advocacy on behalf of the HME
industry is facing interesting
times. Operating in the COVID19
pandemic and a long-awaited
announcement about when and
how competitive bidding moves
forward are the prevailing issues
on the minds of most suppliers.
The election and what can only be described
as a mess in Congress has presented a number of
challenges for the industry’s leading advocates at
AAHomecare.
Finding moving legislation, to which we can
attach industry-specific bills, is the no. one priority.
There is hope that later in the year, the opportunity
will present itself to move forward the four current
bills affecting the industry. (They can be reviewed
at aahomecare.org.) The legislative team at
AAHomecare is in touch with lawmakers and regulators
on a daily basis moving the needle for all of us.
If individual providers do nothing else, please
take this opportunity to support AAHomecare
efforts by joining. The industry is finally speaking
with one voice and needs everyone benefiting to
be on the team and involved.
EXPECT REGULATORY CHANGES
Jeff Baird, Esq., chairman of the Health Care
Group at law firm Brown & Fortunato, P.C.
Because of COVID-19, the legal
landscape for HME suppliers
during the latter part of 2020 and
moving forward is littered with
uncertainty and possibility. There
exist continued negotiations
regarding additional government
aid and relief programs to assist providers/suppliers during the pandemic. There is uncertainty
surrounding how long existing waivers and
regulatory relaxation may last. The inevitability of
investigations and criminal charges for those
defrauding the government and patients has
already started. HME suppliers need to be aware
of each of these issues and prepare for a 2021
that will likely be anything but normal.
We know that Congress is continuing to debate
and politicize additional business relief programs,
like an additional round of PPP funding. What
seemed likely to occur a few months ago is a
great unknown now as the U.S. has shifted to
presidential election mode. While there are still
efforts at additional programs, cooperation and
compromise may be impossible during what will
likely prove to be one of the most contentious
election cycles ever seen. Consistent with this
theme, HHS has further delayed the reporting
requirements of the Provider Relief Fund,
now pointing to an early 2021 reporting date. Unfortunately, at this point, it seems likely that
additional programs will also be delayed in favor
of election cycle political brinksmanship.
HHS, Congress and President Trump (via
executive order) provided an unprecedented
number of waivers and regulatory framework
changes to allow new and existing health care
providers/suppliers to continue to do business
during the pandemic. One example of these
changes includes the rapid expansion of telehealth,
including the types of providers who may
provide telehealth services, the types of telehealth
services that may be billed, the technology
that may be used during a telehealth visit and the
locations where both patients and providers may
be located during a visit.
It is not yet clear how many of these changes
may be rolled back or when such a rollback may
occur, but all providers/suppliers should be on
the lookout. Other important waivers that are
already seeing regulatory drawbacks include
procedures for new provider enrollment as well
as requirements for surveys and audits. If the
pandemic subsides, we can expect increasing
surveys and audits moving forward.
CONSIDER CURBSIDE SERVICE
Rob Baumhover, Director of Retail Programs for
VGM Group Inc.
One sales trend that the majority
of providers have seen increase
tenfold over the last six to eight
months is phone orders
requesting and expecting
curbside pickup and home
deliveries, as well as their
e-commerce business.
I believe providers need to analyze how they
sold to their customers six to eight months
ago vs. the way they do today and spend some
resources on making their current way better, as I
feel it’s going to be the norm for quite some time
and well into the future.
We need to make it as easy as possible for
customers to purchase from us, so update and
add to your e-commerce site, train sales staff to
treat phone transactions like in-person transactions
by qualifying the customer to add on sales for the customer. If our customers can’t get to us,
then let’s make it easy to get to them.
REENGAGE REFERRAL PARTNERS
Ty Bello, president and founder of Team@Work
Providers need to be focused on
gaining access to the referral
community and getting their sales
team back in the game. There will
be pockets of referral sources that
will continue to refer sight unseen,
but there are others who could be
approached and engaged by the competition
and might transition their referrals elsewhere.
This means the HME provider needs to proactively
and effectively develop a strategic sales plan that
gets their team in front of the referral community. Access referrals with a message of service, compliance,
ease of referral, and convenience will differentiate
a providers business from the competition.
Providers should also increase the number of
sales calls required today, because access is still
limited. Sales Professional may need to make 20
plus attempts to get 15 calls. Also, providers need
an in-service plan and strategy for both virtual
and face-to-face in-services.
COVID-19 WILL CONTINUE
IMPACTING RESPIRATORY
Joseph Lewarski, MHA, RRT, FAARC
Senior Vice President and General Manager,
Global Business, of Clinical Care & North
American Manufacturing for Drive DeVilbiss
Healthcare
It is hard to discuss any prevailing
trend in 2020 without starting with
COVID-19 and its impact on the
healthcare systems. For homecare
providers, it’s clear the pulmonary
complications associated with
COVID-19 infections have created
an unprecedented, global demand for stationary
oxygen concentrators.
While the data and science are still evolving,
there is an obvious, direct correlation between
spikes in COVID-related hospitalizations and
demand for home oxygen therapy. This pattern is
similar but appears significantly more pronounced
than a typical respiratory season (influenza, RSV)
but complicated to forecast because COVID-19
doesn’t appear to follow any seasonal pattern.
As we head into Fall and Winter, COVID-19 will
be joined with influenza to create a potential for
causing an increase in severe pulmonary infections,
especially for high-risk individuals with
chronic medical conditions.
While no one has a crystal ball, and this year has
been difficult to predict, it seems likely we’ll see
another spike in COVID-19 related hospitalizations
this Fall and Winter that will be compounded by
influenza, which will continue to stimulate demand
for oxygen therapy and other respiratory services
and equipment. This should drive planning for
staffing, PPE and oxygen therapy devices and
supplies.
LEVERAGE TECHNOLOGY
IN NEW WORKFLOWS
Rob Boeye, executive vice president
of HME for Brightree LLC
Our bi-monthly intra-company
Coffee Talk webinars with
providers have shown how we
could help them implement new
workflows and protocols early into
the COVID-19 situation, such as
contactless delivery.
We initially made some changes to our mobile
delivery management platform, including
updating delivery tickets with the infectious
disease indicators ensuring the delivery agents
wore the appropriate personal protective
equipment.
We still had providers either dropping off at the
curb or dropping off on the patient’s doorstep.
So, we added the capability within the mobile
delivery application for pictures at delivery to
show a delivery was made in lieu of a signature.
Looking at remote set-up, I think it’s still in the
infancy stages. People are saying, ‘Okay, I have a
complex system here. How do I do the training:
via videos or online?’ Then they have to figure
out the logistics of setting up that training and
getting patients on board. Certainly, companies
are looking into that, but that’s not a direct
Brightree application. Those applications would
come more from the manufacturers … but I know
providers are pushing for it.
In working with referrals, I think right now the
HME industry is showing our referral sources and
payers what can be done with remote monitoring,
scheduling, training and repair work. We as an
industry are cutting down the operational costs
right now and really putting a focus on virtual care
and virtual repair.
Plus, apps such as Patient Hub that help
patients interact with HME providers and take
charge of their homecare and equipment, as
well as get training on their equipment, also help
providers demonstrate their value to referrals.
COVID-19 MEANS ACCREDITATION
ADJUSTMENTS
Sandra Canally, RN, the founder
and CEO of The Compliance Team
The most important thing
impacting accreditation is
COVID-19 and the public health
emergency has altered
day-to-day operational practices.
That’s directly related to
accreditation, because we’re
looking at not only what’s in HME providers’
manual with their policies and procedures, but
whether they’re actively performing those
processes, according to the written policies and
procedures. And certainly what we found over
this period is providers have had to alter not
necessarily what they’re doing, but how they’re
doing it.
If providers are coming up for renewal, The
Compliance Team has a real-time, remote virtual
program that we’re utilizing for the survey
process as long as the public health emergency
exists. Once the PHE is dropped, we still have to
go out and perform an on-site within a certain
time period for these same providers. But that
said, right now, they’re submitting their policies
and what plans they put in place, which we’re
then reviewing. And then, using technology,
we’re actually doing a survey looking at their
warehouse, talking to staff, etc.
Also, we already have an accreditation backup
due to the PHE, but now we’re going into a
heavy, three-year renewal cycle year that is
typically double the amount of on-sites that we
have in the off years. Also, CMS has given us a
timetable that says it needs to be either done
six months from the date of the virtual, or within
a calendar year, or six months from when the
public health emergency is lifted, or within a
calendar year of the virtual site survey.
So you can see accrediting organizations have
all these people that we’ve had to extend. That’s
not even counting the new people that have
come into play that got their numbers without
accreditation.
MAXIMIZE THE STRATEGIC
VALUE OF SLEEP DATA TO
Gary Sheehan, MBA, President and
CEO of Cape Medical Supply
Sleep providers of all shapes and
sizes should be seeking ways to
manage and model their data into
actionable insights. We are
drowning in information and data
points, but too few providers are
taking the time to translate that
data into process improvements or using it as a
tool for enhanced and targeted patient
communications.
The information we have within our systems
offers sleep therapy providers the power to better
manage cost, compliance and patient experience,
but it takes a concerted effort to use it effectively
to map how your organization is performing on
a macro level and how individual patients are
performing on a micro level.
Data management is the key to building a
differentiated sleep therapy practice and remains
the difference between building real solutions and
simply selling PAP devices and accessories.
This article originally appeared in the Sep/Oct 2020 issue of HME Business.