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HME legislative priorities gain ground

HME legislative priorities gain ground Stakeholders line up several bills for lobbying over the summer, action in the fall

Jay WitterWASHINGTON – The home medical equipment (HME) industry is heading into the August recess with momentum on several key legislative priorities, including a bill passed in the House of Representatives to improve access to carbon fiber and titanium manual wheelchairs and pending bills to delay Medicare competitive bidding for urology and ostomy supplies and continuous glucose monitors (CGMs).

Wheelchair bill advances to Senate

The House passed H.R. 1703, the Choices for Increased Mobility Act, by voice vote on July 20. The legislation would create two new HCPCS codes: one for bases made with titanium or carbon fiber and another for bases made without those materials. It also would allow beneficiaries to upgrade within a code.

The bill now heads to the Senate, where stakeholders are optimistic about its prospects. A companion measure, S. 247, has already been introduced there. Stakeholders expect leadership to use a hotline process to expediate passing the bill without a formal vote or extended debate.

“We have two great champions in the Senate, Marsha Blackburn and Tammy Duckworth, and we’re working with them,” said Jay Witter, senior vice president of public policy for AAHomecare. “The Senate is preparing. It’s just logistics.”

The bill, six years in the making, is a prime example of what the industry can accomplish, stakeholders say.

“Our industry came together around a common message, executed a coordinated strategy, and remained committed over multiple congressional cycles,” said Ike Isaacson, senior vice president of government & regulatory relations for VGM Group. “While there is still important work ahead, this milestone demonstrates that meaningful policy change is possible when stakeholders rally behind a shared goal focused on improving patient access, choice, and independence.”

Competitive bidding bills move closer to introduction

At press time, a bill to delay competitive bidding for urology and ostomy supplies was in the works in house the House and Senate. In the House, the process has been slowed by a backlog in the committee of jurisdiction, Witter says.

“People are anxious, but we did get a draft back,” he said. “The Democrat lead needed to see the language and now we’re just waiting for them to get the blessing from the committee.”

A separate bill focused on CGMs is also moving forward, Witter said.

Both bills would impose a five-year delay on competitive bidding, establish a technical advisory panel to evaluate whether competitive bidding is appropriate for these product categories and, if so, require a demonstration project before broader implementation.

“The legislation is based on the removal of non-invasive ventilation (NIV) from competitive bidding in 2020,” Witter said. “We have time. Congress has stopped the program after contracts were executed. They can stop it at any time.”

Additional HME legislation remains active

Several other industry priorities also remain in play, including:

  • The SOAR Act (H.R. 2902 and S. 140), which aims to support access to supplemental oxygen.
  • The DMEPOS Relief Act (H.R. 2005 and S. 2951), which would establish a 75/25 blended Medicare reimbursement rate in non-rural, non-competitive bidding areas.

Stakeholders view the August recess as an important opportunity to build support for these measures and position them for inclusion in a larger health care package or budget reconciliation bill later this year.

“A lot of bills will be in play and we’re working with VGM and state leaders on August recess visits, which is perfect timing,” Witter said.

Advocacy efforts continue with CMS

Beyond legislative activity, stakeholders continue to meet with officials in the Trump administration and leaders at the Centers for Medicare & Medicaid Services (CMS) to advance a range of HME priorities.

“We’re chipping away at it,” said Tom Ryan, president and CEO of AAHomecare.

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