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Subject:
From:
Kendall David Corbett <[log in to unmask]>
Reply To:
Cerebral Palsy List <[log in to unmask]>
Date:
Wed, 27 Sep 2006 12:07:06 -0600
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From the ITEM coalition on Power mobility devices.  There's still time
to make your voice heard!

Kendall 

An unreasonable man (but my wife says that's redundant!)

The reasonable man adapts himself to the world; the unreasonable one
persists in trying to adapt the world to himself. Therefore, all
progress depends on the unreasonable man.

-George Bernard Shaw 1856-1950

-----Original Message-----
From: Justice For All Moderator [mailto:[log in to unmask]] 
Sent: Wednesday, September 27, 2006 7:58 AM
To: [log in to unmask]
Subject: A message from the ITEM Coalition

A message from the ITEM Coalition
 (Independence Through Enhancement of Medicare/Medicaid)
 
In late August, Medicare issued a final local coverage 
determination (LCD) for power mobility devices (PMDs). The new 
coverage policy had serious access implications for beneficiaries 
with mobility disabilities. The new LCD implements a series of 
new payment codes for power wheelchairs and scooters, providing 
Medicare coverage for those devices with functional capabilities 
that place them into either Groups 1 (lowest functioning), 2, or
3 (highest functioning) PMDs. 
 
Essentially, the new policy had three major problems. First, the 
policy would significantly "downcode" the Medicare wheelchair 
benefit placing many individuals into inadequate and often unsafe 
power wheelchairs. Second, the new policy requires that a 
beneficiary be unable to "stand and pivot" in order to qualify 
for the highest functioning chair - a standard that fails to take 
into account the functional needs of an individual. And third, 
the policy implements a new definition of the "in the home" 
restriction by denying access to wheelchairs that have 
capabilities which are deemed unnecessary for indoor use.
 
Many ITEM Coalition members expressed serious concern with the 
new policy, calling for a rescission of the entire policy, an end 
to the downcoding, and the adoption of more functional-based 
coverage standards. On September 20, 2006, CMS released 
"clarifications" to the LCD that address some of the problems 
identified by stakeholders while leaving several harmful 
provisions in place. 
 
The LCD clarifications will alleviate some of the access concerns 
associated with downcoding from Group 2 to Group 1 wheelchairs. 
This downcoding was of great concern because many individuals 
with disabilities would have been placed in inadequate and often 
unsafe mobility devices. Additionally, the clarifications delay 
the implementation date of the LCD from October 1, 2006 to 
November 15, 2006. This delay allows clinicians and providers 
additional time to become familiar with the coverage changes and 
analyze the impact. CMS deserves credit fro these revisions.
 
The "stand and pivot" standard, however, remains a major problem. 
The LCD states that in order to qualify for a Group 3 device, the 
beneficiary must be "unable to independently stand and pivot to 
transfer due to a neurological condition or myopathy." However, 
there are many individuals with disabilities who may be able to 
stand and pivot but will need a Group 3 device to participate in 
their daily activities. 
 
Finally, the clarifications do nothing to fix the new and more 
restrictive interpretation of the "in the home" rule. The LCD 
states that PMDs with capabilities not needed for use in the home 
(identified as Group 4 devices) will be downcoded to a Group 3 
device. Medicare currently covers wheelchairs that are needed by 
individuals for use in their homes but has not prevented 
individuals from using the devices outside of their homes. 
However, this new policy will not cover devices that have 
features that are useful for out-of-home use. 
 
The ITEM Coalition Steering Committee sent a letter to HHS 
Secretary Leavitt as a response to the initial LCD (the letter is 
posted at 
www.itemcoalition.org/press/pr/LeavittletterPMDLCD.htm).
The Steering Committee will be following up with another letter 
that thanks the Secretary for the recent changes and encourages 
additional changes to ensure access to the appropriate mobility 
devices for individuals with disabilities. 
 
We urge you to contact Members of Congress asking them to support 
legislation to eliminate Medicares "in the home" restriction for 
mobility devices (S. 3677/H.R. 5983). Without enactment of "in 
the home" legislation, Medicare will continue to utilize this 
discriminatory coverage restriction to prevent access to 
appropriate mobility devices for people with disabilities. You 
can contact your Members of Congress via the Capitol switchboard 
toll-free at 1-877-224-0041 or via email at 
http://ga3.org/campaign/CommunityAccess.
 
The LCD and clarifications can be found at 
http://www.trustsolutionsllc.com/DRAFT_LCD_Status.asp.
 
Please contact Emily Niederman at the ITEM Coalition with any 
questions: (202) 349-4260. Thank you for your advocacy!

______________________________________________________________

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