VETO 383-41

Late this afternoon, the Senate voted to override the president's veto of H.R. 6331 - the Medicare Improvements for Patients and Providers Act of 2008  - by an overwhelming margin of 70-26. 

H.R. 6331 will stave off the 10.6 percent physician fee cut, as well as delay the competitive bidding program, exempt complex rehab and repeal the title transfer of oxygen.   It will NOT however eliminate the first month purchase option for power wheelchairs.

House vote Summary:  http://clerk.house.gov/evs/2008/roll491.xml

Senate vote Summary:  http://www.aahomecare.org/associations/3208/files/SenateVoteSummaryHR6331VetoOverride071508.pdf

All 13 Members of Congress from NC voted to override!

What This Means - Now What?

With a successful override of Bush's veto in both the House and the Senate, H.R. 6331 will become law without his signature.  As the information becomes available, we will ensure that providers are aware of how CMS responds to the newly enacted law.  It is our belief however, that with this enactment, all non-contracted suppliers in competitive bid areas should now be able to supply competitive bid items.

HomeCareMonday reports that CMS said it could not comment on the means the agency would take to stop the program, how it would alert beneficiaries and providers, what delay, if any, providers could expect in reimbursement and how much it will cost to shut down round one.   "Until the bill is enacted into law, we can't answer any of those questions," a CMS spokesperson said.   Now that the bill is law, however, guidance should come soon as the measure requires CMS to suspend provider contracts--implemented July 1--in the 10 bid areas. According to the American Association for Homecare, CMS is expected to issue an immediate fact sheet on the legislation's impact for providers.

MEDICARE IMPROVEMENTS FOR

PATIENTS AND PROVIDERS ACT, 2008

Background:

On July 15, 2008, the Medicare Improvements for Patients and Providers Act of 2008 was enacted, making changes to the Medicare program. Information about some of the changes is outlined below.  Detailed instructions about these changes have been communicated via listserv to CMS providers and other affected parties.   CMS will be implementing other provisions of the legislation in the coming months and will announce additional information as it becomes available.

DME:

The Durable Medical Equipment Competitive Bidding Program, which affects only Medicare beneficiaries in traditional fee-for-service in 10 competitive bidding areas, has been delayed.  Medicare beneficiaries may use any Medicare-approved supplier for Durable Medical Equipment.  If a beneficiary changed suppliers when this new program started (July 1, 2008), they can either continue to use the new supplier or choose another supplier.  The original DME payment rates in effect prior to July 1 are reinstated retroactively.  All Medicare households in the 10 competitive bidding areas will be notified of this change directly in a letter from CMS within two weeks.