Why it’s taking so long to reintroduce our bill

by Heather on August 1, 2013

It is taking longer than we had hoped to get our bill reintroduced. However, we are anticipating that this session’s bill will have added clarity and enhance our ability to attract the broad Congressional support that is necessary, hence making it well worth the wait. Congressman Reichert’s office, our new sponsor, submitted his requests to the non-partisan Congressional bill writers several months ago, and we are in the process of waiting for a draft to be returned to us.

Congressman Reichert, who has a great deal of experience, felt that taking the time get these revisions just right was important. Below my signature is actual correspondence between Congressman Reichert and HHS Secretary Sebelius, when he first began looking deeply into this issue last year. Due to the Secretary’s response, together with lengthy discussions with Medicare directors, Congressman Reichert concluded that the bill should focus primarily on establishing a “Medicare-covered benefit defined in the statute” for the compression components of treatment. (See below.)

Additionally, we are working on adding a “Findings” section to the beginning of the bill. This section will provide essential information, an explanation of Complete Decongestive Therapy (CDT) as the standard of care for lymphedema, and references to studies and data that support the need for this coverage and it’s net cost savings.

Meanwhile, we are using this time to step up our “ground game.” If you have not already done so, I hope you will consider joining your state’s advocacy team, which you can read more about here, and please continue to help spread awareness using the easy ways outlined here. Your involvement in this all-volunteer, grassroots movement matters so much!

I know this cause is very personal to you, as it is me. I will see this through as long as it takes because I refuse to let my son with lymphedema, who is now six-years-old, inherit this problem. Patience and persistence are qualities we must continue to embrace in order to prevail.

Thank you for your continued commitment to passing the Lymphedema Treatment Act!

Heather Ferguson
Founder and Executive Director
Lymphedema Advocacy Group
www.LymphedemaTreatmentAct.org
info@LymphedemaTreatmentAct.org

This is Congressman Reichert’s question to the Secretary of HHS and the full text of her response, which shows why he believes the Lymphedema Treatment Act should be focused on establishing a defined benefit category for coverage of the compression components of treatment.

Congressman Dave Reichert’s question to HHS Secretary Sebelius

QUESTION: Lymphedema affects an estimated 1.5 to 3 million Medicare beneficiaries. Individuals often need constant care to avoid recurrent infections. While Medicare does cover and pay for statutorily limited therapy and sequential compression pumps, many patients suffer from recurrent infections, progressive degradation in their condition and eventual disability because they cannot afford the compression bandages and garments required for everyday self-care. I have heard from patients and providers that state compression garments are a necessary form of treatment for patients with Lymphedema. They state compression garments help to improve the quality of life and stave off reoccurring infections for patients. Why does CMS not cover these treatments? Does CMS need a statutory change in order to provide coverage for these garments?

Secretary Sebelius’s response

ANSWER: Currently, Medicare covers durable pneumatic compressors, referred to as lymphedema pumps, and appliances used in conjunction with these pumps under the Part B benefit for durable medical equipment. These equipment and accessories are used to treat lymphedema and are covered because they fall under a defined Medicare benefit category. In order for items to be covered by Medicare, they must meet the definition of a Medicare-covered benefit defined in the statute. However, it is important to note that although Medicare provides coverage for certain items, it does not provide coverage for every item with potential use for a person with a medical problem even if a physician prescribes the item. Other devices used to treat lymphedema, such as sleeves and stockings, are not covered by Medicare because they do not meet the definition of durable medical equipment or any other Medicare benefit category established by law.

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