Rep Fortney “Pete” Stark (D-Calif) [pictured], chairman of the House Ways and Means Health Subcommittee, has set May 6, 2008 (Tuesday) as the day for a hearing on the DMEPOS competitive bidding program. “For him to actually act on this and call for a hearing is significant,” says Tim Pederson, CEO of WestMed Rehab, Rapid City, SD. “I would say the truth is winning out, and he is starting to see the light. I’m encouraged that he is willing to listen and convene a hearing.”

The press release issued by ways and means cites “concerns raised that some suppliers were improperly excluded from the bidding process and beneficiary access to certain types of equipment could be reduced in areas affected by the program.” In announcing the hearing, Chairman Stark said, “We have heard from both suppliers and beneficiary advocates that the DMEPOS competitive bidding program is not working as well as it is supposed to. I look forward to hearing their concerns, as well as from CMS, as we consider whether changes need to be made before the program is further expanded.”

Pederson says it is likely that concerns from colleagues, in addition to industry pressure, played a part in motivating Stark to act. “This hearing goes hand in hand with Altmire’s [Rep Jason Altmire (D-Pa)] past efforts to convene a small business hearing on the effects of competitive bidding,” says Pederson. “Now Altmire is working with ways and means to try to get a broader hearing, so it is possible that Rep Stark is responding to that. And we all know the House staff hearing [last week] went badly for CMS. Stark’s staff may have complained to him that they were not getting answers.”

The National Association of Independent Medical Equipment Suppliers (NAIMES) is hoping to add even more pressure with their STOP Competitive Bidding petition. The Halifax, Va-based advocacy group mailed a package containing a CD and the 5,200-signature petition to all 100 members of the Senate this week. In light of the May 6 hearing called by Stark, NAIMES is also sending packages to the main home district offices of the members of the House Ways and Means Subcommittee. “The petition includes heart-felt sentiments about this serious issue facing Medicare beneficiaries,” notes Wayne Stanfield, NAIMES president and CEO (pictured). “The magnitude of this misguided policy and its impact on patients has not yet been realized by CMS and many members of the House and Senate. Calls and information coming to NAIMES clearly show that the scope of this impending disaster will far exceed expectations.” 

In-person witnesses at the hearing will be invited guests only. However, those who wish to submit a written statement should consult the ways and means press release for full instructions.