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Power Wheelchair Industry Asks Clarification of New Medicare Rules

Feb. 9, 2005 - A coalition of power wheelchair manufacturers and suppliers today recognized the Centers for Medicare and Medicaid Services (CMS) for its “timely development” of a new draft coverage policy for power mobility equipment, but said several provisions must be clarified before a formal policy is implemented.

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On Thursday, CMS proposed a coverage policy that creates a more functional criteria for determining Medicare eligibility for power wheelchairs, while eliminating the controversial “bed or chair confined’’ standard, which claim processors have been strictly interpreting for the past year, resulting in denied access to medically necessary mobility equipment.

 “We are pleased that the  leadership team at CMS has made resolving this issue a priority,’’ said Scott Meuser, Chairman and CEO for Pride Mobility Products Corp. “The industry is reviewing their proposal.  There are some unresolved questions, but we see this as a positive first step towards creating a national coverage policy that will allow Medicare beneficiaries in need of power wheelchairs to obtain them.’’

Further, Michael Hammes, Chairman and CEO of Sunrise Medical, acknowledged that CMS had delivered, at least in part, on what the industry, clinicians and consumer advocates had requested.  “Clearly, we are moving towards a coverage policy that takes into account the functional needs of the Medicare beneficiary,’’ he said. “We all want to go in that direction.  Now, we just need to ensure that the coverage proposal does not regress in any way, and raise any new restrictions for Medicare beneficiaries with a medical need for power wheelchairs.’’   

Specifically, CMS determined that mobility assistive equipment (MAE) is reasonable and necessary for beneficiaries with disabilities that impair their ability to perform daily living activities, such as toileting, feeding, dressing, grooming and bathing.

“Determination of the presence of a mobility deficit will use an algorithmic process…to provide the appropriate MAE to correct the mobility deficit,’’ according to the memorandum outlining the proposal.  “With this decision, CMS also proposes to delete the ‘bed or chair confined’ criterion currently used to determine if a wheelchair is reasonable and necessary.’’

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While the industry strongly supports eliminating the problematic bed or chair confined standard, there are questions about how the new eligibility criterion will be implemented and its impact on Medicare beneficiaries. Some of the questions include:

The proposal establishes new functional criteria for eligibility, such as using mobility equipment to perform daily living activities. But the industry wants to ensure that this new criteria does not eliminate mobility itself as a functional need.

Documentation. The draft proposal doesn’t spell out what documentation will be required from suppliers and physicians to demonstrate the medical necessity for the people seeking power wheelchairs. This important issue needs to be clarified so that it is not left to interpretation by the claim processors.

The proposal does not eliminate the “in the home’’ restriction which mandates that a power wheelchair must improve a patient’s ability to function within the four walls of their home.  The industry, as well as clinicians and advocates for people with disabilities, have urged CMS to remove this restriction because it is often in the patient’s best interest to increase mobility outside the home.

Moreover, Bryan Dylewski, CEO of Mobility Products Unlimited, raised a pointed question about the proposal. “Is this a change in policy or is this just new language?’’ he asked, noting that the new language must not allow CMS to continue processing claims in the same restrictive manner they have used for the last year.

Mr. Dylewski also focused on the documentation issue. “For suppliers particularly, the documentation issue must also be elaborated upon by CMS whether it is in the new coverage policy or some other form,’’ he said.  “There must be a process that can be easily understood and implemented by suppliers and physicians.  One of our concerns is that the new coverage policy will sound good, but will create confusion when it is put into practice.’’

Mal Mixon, Chairman and CEO of Invacare Corp., said that the proposal will require a careful review by all the stakeholders.

 “What we don’t want to do is have a new policy that puts more people at risk of not being able to obtain a power wheelchair,’’ he said. “I think CMS has good intentions. And we appreciate their apparent acknowledgement that it was very important to find a timely resolution to the coverage issues. But we will be closely reviewing the proposal and in the coming days, RAMP will identify any provisions that could potentially make the coverage policy more restrictive.  Senior citizens and people with disabilities deserve a Medicare coverage policy that responds to their needs. The industry will work with CMS to make sure that kind of policy is put in place.’’

Restore Access to Mobility Partnership is a coalition representing power wheelchair providers and manufacturers.  Members include:  the American Association for Homecare; Invacare Corporation; the MED Group; Mobility Products Unlimited, LLC; Pride Mobility; and Sunrise Medical.

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