IV
106TH CONGRESS
1ST SESSION
H. CON. RES. 98
Expressing the sense of the Congress regarding the regulatory burdens im-
posed by the Health Care Financing Administration on suppliers of
durable medical equipment under the Medicare Program.
IN THE HOUSE OF REPRESENTATIVES
MAY 5, 1999
Mr. TOWNS submitted the following concurrent resolution; which was referred
to the Committee on Ways and Means, and in addition to the Committee
on Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
CONCURRENT RESOLUTION
Expressing the sense of the Congress regarding the regu-
latory burdens imposed by the Health Care Financing
Administration on suppliers of durable medical equip-
ment under the Medicare Program.
Whereas 5,100,000 elderly medicare beneficiaries currently
use durable medical equipment and related services;
Whereas the Balanced Budget Act of 1997 implemented a 5-
year freeze in medicare payment amounts for covered
items of durable medical equipment;
Whereas the Balanced Budget Act of 1997 implemented a
surety bond requirement for providers of durable medical
•HCON 98 IH
equipment in an amount not to exceed $50,000 as a con-
dition of participation in the medicare program;
Whereas the Balanced Budget Act of 1997 authorized HCFA
to conduct up to 3 competitive bidding demonstration
projects for up to 5 categories of durable medical equip-
ment, including oxygen;
Whereas the Balanced Budget Act of 1997 reduced medicare
payments for oxygen and oxygen equipment by 30 per-
cent over 2 years;
Whereas the Balanced Budget Act of 1997 authorized HCFA
to establish service standards for providers of oxygen and
oxygen equipment to beneficiaries within their homes;
Whereas the Balanced Budget Act of 1997 reduced medicare
payments for drugs and biologicals by 5 percent;
Whereas the Balanced Budget Act of 1997 requires the
Health Care Financing Administration (HCFA) to de-
scribe in regulations the factors to be used in deter-
mining whether medicare part B payment rules result in
payment amounts that are not inherently reasonable;
Whereas the Balanced Budget Act of 1997 allows HCFA, in
the case of a determination that a part B payment rate
under the medicare program is inherently unreasonable,
to impose payment reductions or increases of 15 percent
or less without consulting suppliers or providing public
notice; and
Whereas HCFA has missed a number of deadlines with re-
spect to the implementation of regulatory requirements
under the Balanced Budget Act of 1997: Now, therefore,
be it
•HCON 98 IH
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that
greater active oversight HCFA’s administration of the
medicare durable medical equipment benefit is required,
and that such oversight should pay particular attention
to the following:
(1) HCFA’s compliance with public notice and
comment requirements.
(2) HCFA’s consideration of input from sup-
pliers of durable medical equipment.
(3) The coordination and consistent application
of policies with respect to durable medical equipment
among HCFA’s central and regional offices and the
Durable Medical Equipment Regional Carriers.
(4) HCFA’s adherence to congressional intent
when implementing changes.
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