Victory with CMS Wheelchair Policy
April 2004

The ITEM Coalition is pleased to announce that CMS has retracted its Power Wheelchair Policy Clarification issued in December, 2003 based on concerns raised by stakeholders such as the ITEM Coalition! Together we have made a real difference!

Below is a notification from the Director of CMS' Congressional Affairs Group to congressional health staffers stating that the Policy Clarification is being retracted (the notification is available on Inside Health Policy Website). The notification further states that CMS will hold another Open Door Forum to address further issues and concerns related to the Medicare power wheelchair benefit. CMS is also apparently going to issue a press release outlining key themes it heard in the comments it received in the Listening Session held earlier this month.

CMS' action directly corresponds with the ITEM Coalition's recommendations in its two letters to Secretary Thompson and comments to the CMS Listening Session. In these documents, the Coalition advocated for the Clarification to be rescinded and for a new policy to be proposed with an opportunity for public comments. We are drafting a press release commending Secretary Thompson and CMS Administrator McClellan for this action and also praising Senate Finance Committee Chairman Grassley for his helpful efforts on this issue.

The Steering Committee would like to thank the membership for all their hard work on this issue! We will provide more information on future steps by CMS when they are announced.

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U.S. House and Senate Notification
Thursday, March 18, 2004

To: Congressional Health Staffer
From: Carleen Talley
Director, Congressional Affars Group Centers for Medicare and Medicaid Services
Subject: CMS Plans to Announce Actions to Address Power Wheelchair Concerns

I know that many of you have inquired with concerns regarding power wheelchairs and a recent bulletin which suppliers have asserted represents a change in CMS policy. Accordingly, I wanted to let you know that CMS has decided to retract the December 9, 2003 Durable Medical Equipment Regional Carrier (DMERC) Article which was intended to reiterate our coverage policy on power wheelchairs. The coverage policy remains unchanged from when it was originally put into place in 1985. CMS will continue to pay claims as it has prior to and following the issuance of the December 9, 2003 DMERC Article.

We are taking this action in response to concerns voiced by the power wheelchair community which were brought to the agency's attention through our Open Door Forums and Listening Sessions held in February and March. We will be providing more information on additional action steps that will soon follow. Specifically, CMS is planning to issue a press release shortly which will review the eight primary themes garnered from the multiple Listening Sessions and Open Door Forums on this issue, and will provide CMS' response to the issues raised. In addition, we will soon hold a follow-up Open Door Forum at which all four Medical Directors from the DMERCs will be present. We will continue to keep you updated as we have additional information.

If you have questions, please contact Tricia Rodgers (690- 5445) on my staff. Thank you.

Amelia Steed
Congressional Liaison, Regions I & X
Centers for Medicare and Medicaid Services
Office of Legislation/Congressional Affairs Group
(202) 690-7125 or fax: (202) 690-8168

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