Home Health & Hospice Week

Regulations:

Recent 'Clarification' Puts The Brakes On Wheelchair Coverage

CMS dodges industry's concerns over latest Operation Wheeler Dealer measure.

A so-called "clarification" to the national wheelchair and scooter coverage policy could mean suppliers of the items will be providing many fewer of them in the future.

Power wheelchairs and scooters "are covered only for patients who are nonambulatory," says the clarifying message issued by all four durable medical equipment regional carriers in December. "If the patient is able to walk either without any assistance or with the assistance of an ambulatory aid, such as a walker, the power wheelchair is denied as not medically necessary."

"It's much more than a clarification; it's actually a change in policy," says Sharon Hildebrant, executive director of the American Association for Homecare's Rehab and Assistive Technology Council. "If [a patient] can take three to five steps, they may not qualify to get a power wheelchair under this current clarification, even though they may not be functionally ambulatory," Hildebrant says in a statement decrying the policy change.

Formerly, a patient's ability to perform activities of daily living governed coverage, she notes.

"These policy changes, however, will have no impact on fraudulent firms' behavior," Invacare CEO Malachi Mixon wrote in a letter to CMS and the DMERCs. "Instead, these policy changes will simply prevent many needy beneficiaries from being able to get around inside their homes."

 

"How can CMS and the DMERCs think that they will get away with the idea that this is clarification on wheelchairs?" asked former Palmetto GBA Medical Director Paul Metzger.

 

"All DMERCs are strictly enforcing these coverage criteria and applying them to all claims reviewed regardless of the date of service or date of submission," the DMERCs say in the clarification.

Suppliers were eager to give CMS an earful over the drastic change couched as a mere clarification in the Jan. 15 Open Door Forum for home care providers. "How can CMS and the DMERCs think that they will get away with the idea that this is clarification on wheelchairs, when basically what they are doing is confining [a beneficiary] completely to being wheelchair confined?" a strident Dr. Paul Metzger, former medical director for Region C DMERC Palmetto GBA and current vice president of government relations for The Scooter Store based in New Braunfels, TX, demanded of CMS officials in the forum. A patient who takes "one step can no longer qualify for either a manual or a power wheelchair," Metzger objected.

Erik Sokol of the Power Mobility Coalition noted in the forum that the coalition had requested a meeting with CMS officials about the controversial new policy, and had gotten no response.

CMS Ducks Trade Group Meeting 

A CMS official answered that a meeting about the policy with the coalition and other trade associations was "under consideration," but that the CMS officials "just don't have an answer right now."

Other DME items covered in the open door forum include:

  • Supplier numbers. Another facet of Operation Wheeler Dealer, the freeze on supplier numbers, is letting up only slowly. CMS had slogged through only about half of the applications that have piled up since the freeze was announced last September (see Eli's HCW, Vol. XII, No. 32, p. 251).

    CMS is subjecting applications to "very aggressive and close scrutiny" to make sure suppliers earn numbers only if they meet all of the criteria, a CMS staffer explained. "Please bear with us as we work through our inventory," he said, especially because all applications will take longer to process under the new methodology.

  • Proof of delivery. Another change for suppliers has come in a Jan. 2 issuance from CMS, this time affecting proof of delivery. The new Internet-Only Manual (IOM) on program integrity (Pub. 100-8) spells out that suppliers should use the date the patient receives a mail order shipment as the date of service on their claims, rather than the old way of using the date of shipment.

    But that is true only for suppliers who use a shipper that can furnish them with that information, a CMS official clarified in the forum. If a supplier would have to look up the information on its own in a standard shipment tracking system, then it can just use the date of shipment, CMS explained.

  • Quality standards. Suppliers may get a breather on the new quality standards mandated in the recently enacted Medicare law. CMS says it's barely in the planning stages on the standards, and that it has no target date for issuing the new requirements.

    Editor's Note: The wheelchair coverage clarification is at www.cignamedicare.com/articles/dec03/cope385.html. To sign up for a free "Web-inar" on the new policy, go to www.cignamedicare. com/articles/jan04/cope470.html.

    The proof of delivery changes are at www.cms.hhs.gov/manuals/pm_trans/R61PI.pdf/.