Observation Deck

Preaching to the Converted

HR-6490 is up to 16 backers, but another 213 Representatives should cosponsor.

• By Rob Brant
• Nov 01, 2012

Sixty, 47, and 106. Those are the number of current U.S. House Representatives who respectively cosponsored H.R. 3790, H.R. 1041 and both bills; but have not yet cosponsored H.R. 6490. Together, those are another 213 potential Representatives, who already cosponsored legislation to repeal Medicare’s current fl awed bidding program.

Including the bill’s sponsor, Rep. Tom Price (R-Ga.), and the first 16 cosponsors, there are a total of 230 Representatives who should have no problem cosponsoring the Market Pricing Program. Congressman Price and the first 16 cosponsors (at press time) on H.R. 6490 all cosponsored HR-1041 in the 112th Congress. Digging a little deeper, the 13 H.R. 6490 cosponsors, that were in office from January 2009 to December 2010, were also cosponsors on the bill’s predecessor, H.R. 3790 in the 111th Congress.

The three freshmen Members of Congress on H.R. 6490 are Reps. Renee Elmers (R-N.C.), Mike Kelly (R-Pa.) and Lou Barletta (R-Pa.). Watchers of September’s congressional hearing on competitive bidding will recall Elmers as the Chairwoman of that House Small Business Subcommittee on Technology and Healthcare. Her district is in the three county, Raleigh-Cary, N.C. CBA .

Congressman Kelly’s district covers Butler County Pennsylvania, part of the seven county, Pittsburgh Bidding Area in Round One. Congressman Barletta (R-Pa.) co-sponsored the legislation this week, even though Congress is in a “Pro Forma” session during this election recess. Most of his constituents are affected in the three county Scranton-Wilkes-Barre Bidding Area, but his seat also includes towns in Carbon County, which is included in the four county, multistate, Allentown-Bethlehem-Easton, Pa.-N.J. CBA.

Are you seeing the pattern here?

Simply put, if no other current Representatives who previously cosponsored either of the repeal bills involved in Round One or Two of Medicare’s bidding program cosponsored H.R. 6490, then the bill would still have a majority in the House. Of the 13 initial H.R. 6490 cosponsors, all 13 supported H.R. 1041, and 11 of them supported H.R. 3790 before it (Reps. Elmers and Kelly were the exceptions, because they had not yet been elected to office).

In years past, a few weeks after Medtrade, I was the first kid on the block with the latest and greatest HME devices to show my referral sources. Whether it was a Homefill, an AutoPAP, a Battery Operated CPAP, or a talking glucometer, I had a game plan to move that colossal Medtrade order. It was a simple strategy. I did not waste time getting the run around from referral sources who did not know anything about my business. I spoke with those doctors and home health agencies that I worked with before.

The same basic principles can easily be applied to quickly getting additional cosponsors on H.R. 6490. Of course I’ll be reaching out to my new congressman about H.R. 6490. Reps. Rob Woodall (R-Ga.) has not cosponsored either of the aforementioned repeal bills. But he is running for Georgia’s redesigned 7th district and his seat is in the middle of the 24 county, Atlanta-Sandy Springs-Marietta, Ga. Bidding Area.

What’s Next?

It’s time for providers to lobby hard on behalf of H.R. 6490. Go to www.govtrack.us/congress/members to find your member of Congress. Then call (202) 224-3121 and ask to speak with your Representative. Once connected, ask the receptionist of the Representative’s office for the Legislative Assistant for Health Care. If your House Representative previously cosponsored either of the repeal bills, then tell the Legislative Assistant for Healthcare the following:

“I am calling to give you an update on legislation that the Congressman/woman cosponsored to repeal Medicare’s flawed bidding program in Home Medical Equipment. The Congressman/woman cosponsored (and insert the bills your lawmaker supported). Unfortunately, a Senate companion bill was never introduced. Medicare’s flawed bidding program is scheduled to begin as planned without binding bids, and will still award contracts to out-of-area, inexperienced companies without any intention or ability to serve patients, instead of your trusted, accredited, community providers.”

“But I have good news. I am calling today to ask the Congressman/woman to cosponsor a new bill H.R. 6490. H.R. 6490 is not a repeal bill. It makes common sense changes to the program such as binding bids and it will require a cash deposit to participate. This will deter out-of-area companies from undercutting local established providers.”

Note: If your Representative’s district is in a multi-county bidding area you can add: “It also reduces bid areas to more typical, local service areas, likely to single counties. This will ensure greater access to beneficiaries, who in the initial markets, have been forced to travel out of their areas to find a contracted supplier. This is critical, as Medicare does not award bid contracts to a supplier located within each county. The congressman/woman’s district encompasses (and then list the counties).”

“Can you speak to the Congressman/woman about cosponsoring H.R. 6490? Your boss can still be added during this pro forma session. Congressmen Lou Barletta and Tim Murphy were added this week. Please contact Congressman Price’s office to be added on?”

Get the Legislative aid for Health Care’s email address and forward along the documents, such as AAHomecare’s Summary about H.R. 6490 is the best one-page document available. Don’t get overwhelmed just work on one Representative and follow-up in a day or so. If you found it was easy, try the lawmaker for your business, or another district in your service area where your patients reside.

This article originally appeared in the November 2012 issue of HME Business.