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Many professional groups
feel that pharmacies should
be exempt from onerous
DME regulations

Pharmacy Exemption for Durable Medical Equipment Gains Momentum

ALEXANDRIA, Va. - An influential small business advocacy group and several respected health care associations have joined the National Community Pharmacists Association (NCPA) in urging Congress to exempt community pharmacies from the October 1 accreditation and surety bond requirements needed to continue providing Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) to Medicare patients

The National Federation of Independent Business (NFIB), National Rural Health Association (NRHA), American Association of Diabetes Educators (AADE), and the Diabetes Access to Care Coalition (DACC) have each sent letters to the Senate and House committees of jurisdiction supporting accreditation exemption bills, specifically, S. 511, introduced by Sens. Jon Tester (D-MT) and Sam Brownback (R-KS), and H.R. 616, introduced by Reps. Marion Berry (D-AR) and Jerry Moran (R-KS). The surety bond exemption bills are S. 956, introduced by Sens. Tester and Pat Roberts (R-KS), and H.R. 1970, introduced by Reps. Zach Space (D-OH) and Jo Ann Emerson (R-MO).

In other positive developments, House Democratic leaders included similar provisions in their health care reform bill H.R. 3200, America's Affordable Health Care Choice of 2009. And key U.S. lawmakers have written to the Centers for Medicare and Medicaid Services (CMS) asking that pharmacies be exempted.

"The DME accreditation and surety bond requirement deadlines are fast approaching, and for patients who depend on supplies such as diabetes test strips this is problematic," said Bruce T. Roberts, RPh, NCPA executive vice president and CEO. "The reason is many community pharmacies might stop selling these supplies, which compliment the medications patients get from their stores. In underserved communities the ensuing access problems could be even more acute. We appreciate the House's inclusion of exemption language in H.R. 3200, and hope the Senate Finance Committee will act similarly when they unveil their health care reform bill."

Other health care providers have already been exempted from these redundant, cost-prohibitive, and time-consuming regulations that are designed to prevent fraud by Medicare Part B suppliers. However, there is no evidence suggesting that pharmacists have engaged in any illegal behavior.

"There is strength in numbers, and the various organizations supporting DME exemptions clearly indicate the policy must change," said Holly Whitcomb Henry, RPh, NCPA president and Seattle pharmacy owner. "From the National Federation of Independent Business to the National Rural Health Association the message is clear: Congress must act to ensure patients can access medical supplies at their local pharmacies."

U.S. Senators Pat Roberts (R-KS) and Sam Brownback (R-KS) have written the Obama administration asking for exemptions from both rules. Similarly, Sens. Debbie Stabenow (D-MI) and Blanche Lincoln (D-AR) wrote CMS seeking a six-month delay in the accreditation requirement.

In the House, Small Business Committee Chair Nadia Velazquez (D-NY) and ranking member Sam Graves (R-MO) have sent a letter to CMS asking for pharmacies to be exempted from accreditation, while House Ways and Means Health Subcommittee ranking member Rep. Wally Herger (R-CA) has asked for an exemption from both rules

Groups' letters to Congress:

NFIB letter can be viewed here:

http://www.ncpanet.org/pdf/leg/nfibletter.pdf


NRHA letters can be viewed here:

http://www.ncpanet.org/pdf/leg/nrhaletter.pdf

http://www.ncpanet.org/pdf/leg/nrhaletterec.pdf

http://www.ncpanet.org/pdf/leg/nrhaletterwm.pdf


AADE letters can be viewed here:

http://www.ncpanet.org/pdf/leg/aadedmeletter.pdf


DACC letters can be viewed here:

http://www.ncpanet.org/pdf/leg/daccletter.pdf

http://www.ncpanet.org/pdf/leg/daccletterwm.pdf


Congressional letters to CMS & HHS Secretary Sebelius:

Roberts and Brownback letter can be viewed here:

http://www.ncpanet.org/pdf/leg/robertsbrownbackletter.pdf


Stabenow and Lincoln letter can be viewed here:

http://www.ncpanet.org/pdf/leg/stabenowlincolnletter.pdf


Velazquez and Graves letter can be viewed here

http://www.ncpanet.org/pdf/leg/velazquezgravesletter.pdf

Herger letter can be viewed here:

http://www.ncpanet.org/pdf/leg/hergerletter.pdf

The National Community Pharmacists Association, founded in 1898, represents the nation's community pharmacists, including the owners of more than 23,000 pharmacies. The nation's independent pharmacies, independent pharmacy franchises, and independent chains dispense nearly half of the nation's retail prescription medicines. To learn more go to

www.ncpanet.org.

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