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OTS Regulations

OTS Orthoses – A New CMS Proposed Rule that could Limit your Patients’ Access to Care and Eliminate Orthotic Fitters

CMS released a proposed rule on July 11 that addresses Off-the-shelf Orthoses and the definition of Minimal Self-Adjustment.

In an effort to define the scope of individuals authorized to fit orthotic devices deemed by CMS to be off-the-shelf (OTS), the proposed rule will add physicians, treating practitioners, PTs and OTs as “individuals with specialized training” to the current definition that includes certified orthotists as qualified individuals to provide custom fitting of orthoses.

The proposed rule states that orthotic assistants and fitters are not considered to have specialized training for the purposes of providing custom fitting of orthoses and therefore any devices they fit or adjust will be considered OTS.

CMS has previously defined “minimal self-adjustment” in expansionist terms for defining OTS orthotics, which could have later implications for competitive bidding of products not appropriate for delivery without service. The new rule compounds instead of corrects the issue, and could limit your patients’ access to care.

Campaign Results
AOPA has submitted comments to CMS on behalf of members. Using AOPAvotes.org and the patient postcards, 378 members and 203 patients submitted comments. Click here to read AOPA’s submitted comments.

If  you have questions, please contact us at 571/431-0876 or scuster@AOPAnet.org.

Dobson DaVanzo Study: O&P Saves Medicare

STUDY:   HIGHER STANDARD OF CARE FOR PATIENTS WITH LIMB LOSS OR SPINAL INJURIES SAVES MEDICARE MONEY IN MOST CASES

Even Though Devices Are Often Costly, Long-Term Bill for Taxpayers Ends Up Lower Or Only Slightly Higher; Win, Win: Findings Indicate Patients Also Benefit from Higher Quality of Life and Increased Independence.

Click here to view the Dobson-Davanzo Report.
AOPA’s Press Archive of this Study may be found here.
Listen to the streaming audio of the news event here.

WASHINGTON, D.C. – August 27, 2013 — Taxpayers end up paying more over the long term in most cases when Medicare patients are not provided with replacement lower limbs, spinal orthotics, and hip/knee/ankle orthotics, according to major new study commissioned by the Amputee Coalition and conducted by Dr. Allen Dobson, health economist and former director of the Office of Research at CMS (then the Health Care Financing Administration). This study was made possible through funding by the American Orthotic & Prosthetic Association (AOPA).

Available online at AOPAnet.org, the unprecedented study looks at nearly 42,000 paired sets of Medicare beneficiaries with claims from 2007-2010.  The paired patients either received full orthotic and prosthetic care or they did not get such care. Lower extremity and spinal orthotic and prosthetic devices and related clinical services are designed to provide stability and mobility to patients with lower limb loss or impairment and spinal injury.

The study’s key finding:  Patients who received orthotic or prosthetic services have lower or comparable Medicare costs than patients who need, but do not receive, these services.  According to the study, Medicare could experience 10 percent savings ($2,920 less) for those receiving lower extremity orthoses and comparable payments for patients receiving spinal orthoses and lower extremity prostheses.

What offsets the initially high cost of some orthotic and prosthetic devices?  These devices are associated with higher rates of physical therapy and rehabilitation, allowing patients benefiting from them to remain in the community and avoid costly facility-based care. Patients are generally able to become less bedbound and more independent, which may be associated with fewer emergency room (ER) admissions and acute care hospital admissions. The reduced use of hospital services and facility-based care offsets the cost of the devices, producing Medicare savings and better quality-of-life outcomes for patients.

Report author Dr. Allen Dobson said: “Looking at full costs and other outcomes (including use of out-patient therapy, number of falls, ER admissions, and acute hospitalizations) over a 12-18 month period, our study concludes that patients who received the orthotic and prosthetic services experienced greater independence than patients who do not, with better or comparable health outcomes and generally lower Medicare payments.

Susan Stout, interim president & CEO, Amputee Coalition, said:  “Every person who has suffered limb loss, and who has received a prosthetic device appropriate for their needs, knows the value of the device for them personally.  This study provides nationwide data which helps to corroborate this patient experience, and also points us to the need for more research regarding the value of prosthetics from both a quality of life and a financial perspective.

Thomas F. Kirk, PhD., president, American Orthotic & Prosthetic Association, said:  “This is a clear win for patients and a win for taxpayers.  Not only do patients who get full orthotic and prosthetic (O&P) treatment benefit the most, but it also ends up costing taxpayers less in most cases.  The goal of restoring function is emphasized in many of Medicare’s covered services, and therefore supports the targeted use of O&P services for patients who are able to benefit from and receive the requisite therapy. The increased physical therapy among O&P users allowed patients to become less bedbound and more independent, which may be associated with higher rates of falls and fractures, but fewer emergency room admissions and acute care hospital admissions. This reduction in health care utilization ultimately makes O&P services cost-effective for the Medicare program and increases the quality of life and independence of the patient.

Lower extremity orthoses for the hip, knee, or ankle are typically used to prevent deformities, enhance walking, alleviate pain and protect limbs. A spinal orthotic device is an external apparatus that is applied to the body to limit the motion of, correct deformity in, reduce loading on, or improve the function of a particular spinal segment of the body. Examples include soft cervical collars, halo vests, and lumbar vests.  Lower extremity prosthetics are artificially replaced limbs located at the hip level or lower.

DETAILED STUDY FINDINGS

• Patients who received lower extremity orthoses had better outcomes over 18 months, defined as fewer acute care hospitalizations and emergency room admissions and reduced costs to Medicare (episode payments approximately 10 percent lower than the comparison group, including the cost of the orthotic). Additionally, these patients were able to sustain significantly more rehabilitation, and were able to remain in their homes as opposed to needing placement in facility-based settings.  The study looked at 34,864 pairs of patients, with the full-care group costing $27,007 on average and the group provided lesser care costing $29,927 on average.

• Patients who received spinal orthoses had comparable Medicare payments over 18 months to those who did not receive the orthotic, and had higher reliance on ambulatory and home- based care (as opposed to facility-based care). This could suggest that the use of spinal orthoses allows patients to be less bedbound and remain independent in their homes. These patients had more falls and fractures, which may be due to their increased ambulation and independence. However, these falls did not result in a higher number of emergency room admissions compared to comparison group patients.  The study looked at 6,247 pairs of patients, with the full-care group costing $32,598 on average and the group provided lesser care costing $32,691 on average.

• Among lower extremity prostheses patients, the study results indicate that patients who received lower extremity prostheses had comparable Medicare episode payments (including the cost of the prosthetic) and better outcomes than patients who did not receive prostheses. Results suggest that the device was nearly amortized by the end of 12 months and the patient could experience higher quality of life and increased independence compared to patients who did not receive the prosthetic. The study looked at 428 pairs of patients, with the full-care group costing $68,040 on average and the group provided lesser care costing $67,312 on average.

ABOUT THE AMPUTEE COALITION

The Amputee Coalition, headquartered in Manassas, Virginia, is a national nonprofit organization whose mission is “to reach out to and empower people affected by limb loss to achieve their full potential through education, support and advocacy, and to promote limb loss prevention.” For more information about limb loss, please call 888/267-5669 or visit the Amputee Coalition Web site at http://www.amputee-coalition.org.

MEDIA CONTACT: Ailis Aaron Wolf, 703/276-3265 or  aawolf@hastingsgroup.com .

EDITOR’S NOTE:  A replay of the news event will be available on the Web at http://www.amputee-coalition.org/ as of 5 p.m. EDT on August 27, 2013.

Prior Authorization

Prior Authorization:  O&P Was A Serious Player

Although CMS may have thrown us a curve when they published their proposal to require 89 lower limb prosthetic codes be subject to prior authorization on May 28, 2014, it became clear that in its proposed form, the rule would do more harm than good.

AOPA’s Board authorized an educational campaign to inform members about how this rule could impact patients in delaying access to care and delayed provider reimbursements among other problems.  AOPA held 2 free webinars for members to learn from AOPA Board members and staff about what Prior Authorization is and is not. AOPA submitted comments to CMS on behalf of members, and encouraged members to submit their individual comments or use the template and pre-written comments detailing the problems in the Prior Authorization proposal and what needed to be changed to make it workable for patients and the O&P community.   448 members commented using AOPA’s online portal on AOPAvotes.org.

AOPA also mailed all patient care member locations 10 postcards for distribution to amputee patients so they could register their concerns directly with CMS about how Prior Authorization will negatively impact patient care.  294 patient postcards were delivered to CMS by the July 28, 2014 deadline!

In total AOPA members and their patients submitted 742 comments, in addition to customized comments that members submitted directly to CMS.

Read AOPA’s statement here.

AOPA will keep you informed on any further developments from CMS.

New Dobson DaVanzo Study

New Dobson-DaVanzo Study with Amputee Coalition:
Rehabilitation Hospitals Deliver Higher Quality Care, Better Results

A new study released on July 10th at a Congressional briefing hosted by Senators Tim Johnson (D-SD) and Mark Kirk (R-IL) shows that people with limb loss treated in inpatient rehabilitation hospitals and units had better long-term clinical outcomes than those treated in nursing homes.

Click here to review the summary of this study!

“As this study shows, the timely, intensive and coordinated services provided in a rehabilitation hospital or unit help those with limb loss return to their homes and communities faster than skilled nursing facilities,” said Susan Stout, interim president & CEO of the Amputee Coalition. “Policy makers and regulators should consider this study as they make future decisions that could impact where those with limb loss receive care. Decisions should not be made based on short-term cost, but on where patients can most quickly improve their health and regain the functional skills they need to return home, to work, school or community activities.”

The study is the most comprehensive national analysis to date examining the long-term outcomes of clinically similar patient populations treated in inpatient rehabilitation hospitals/units versus nursing homes. Click here to view the full study, Assessment of Patient Outcomes of Rehabilitative Care Provided in Inpatient Rehabilitation Facilities and After Discharge, conducted by Dobson DaVanzo & Associates, LLC.

Key Findings 

Limb loss survivors treated in inpatient rehabilitation hospitals and units compared to those treated in skilled nursing facility patients, on average:

o   Returned home from their initial rehabilitation hospital stay 16 days earlier

o   Remained home nearly three months longer

o   Stayed alive more than 2 1/2 months longer.

Individuals with limb loss treated in inpatient rehabilitation hospitals and units also showed:

o   12 percent lower mortality rate than skilled nursing facility patients

o   16 percent fewer emergency room visits per year than skilled nursing facility patients

o   43 percent fewer hospital readmissions per year than skilled nursing facility patients.

“When considering rehabilitation programs, limb loss patients should carefully consider the results of this study to determine which setting is best for them,” said Dr. Terrence P. Sheehan, medical director for the Amputee Coalition and at Adventist Rehab Hospital of Maryland. “It is also important to make policy decisions based upon factual data about the value of the service to the consumer and to the public. This research study is important for policy makers to understand, because it clearly articulates the value of the care provided in rehabilitation hospitals for people with limb loss as well as those with other conditions. And every patient should be ensured access to the most appropriate setting that will provide them with the best possible outcome.”

Statement of the American Orthotic & Prosthetic Association on Medicare Site of Service & Related Issues of Cost Effectiveness of Orthotic & Prosthetic Care and on RAC Audits

Congressional Hearing Updates – House Energy & Commerce Health Subcommittee — Statement of the American Orthotic & Prosthetic Association on Medicare Site of Service & Related Issues of Cost Effectiveness of Orthotic & Prosthetic Care and on RAC Audits

Statement of the American Orthotic and Prosthetic Association on Short Stays and Unintended Consequences of RAC Audits and the Massive Backlog of Medicare Appeals

Health Subcommittee of the House Ways and Means Committee — Statement of the American Orthotic and Prosthetic Association on Short Stays and Unintended Consequences of RAC Audits and the Massive Backlog of Medicare Appeals

Statement of the American Orthotic and Prosthetic Association on Combating Fraud, Waste, and Abuse in the Medicare Program

Health Subcommittee of the House Ways and Means Committee — Statement of the American Orthotic and Prosthetic Association on Combating Fraud, Waste, and Abuse in the Medicare Program