Every Association, Media Outlet, Manufacturer, Distributor, Billing Software, Billing Agency, Home Medical Equipment Provider, Physicians and anyone who cares about the Healthcare Industry needs to get this message out ASAP.

The "Doc Fix" bill S.3101 failed cloture last night by only one vote. It is likely that nothing will occur until Congress will reconvenes on July 7th. The key is that it was not directly related, nor does it indicate any opposition to do with the issue of delaying the Competitive Bidding Program in Home Medical Equipment. I think our legislators understand that the delay has a zero effect on the budget. I also believe our legislators realize that CMS made many critical mistakes in this program that if implemented in 3 days, this coming Tuesday on July 1st, will be dangerous to patients and communities. Congress also does not want the "Bid Window" to open for Round 2, which will include an additional 70 MSAs and 400 counties, using the identical standards, rules and guidelines.

CMS has responded to all of our legitimate complaints by suggesting we get Congress to act. We have done so and Congress has responded most favorably, although time constraints have not allowed passage of the appropriate legislation.

We are now in a position to show majority Congressional support for an 18 month delay, which procedural rules prohibit implementation until after July 7th at the earliest. Therefore we need to immediately request that Secretary Leavitt and/or Acting CMS Director Weems implement an emergency delay, of no longer than 30 Days to allow Congress to act.

We believe that Secretary Leavitt and/or Acting Director Weems have the power to delay the Competitive Bidding Program in Home Medical Equipment from being implemented as scheduled.

Metaphorically speaking, this is the "two minute warning" and we are down only a few points. By my estimation we have 355 Representatives that do not want the Competitive Bidding Program in its current form.

Although 58 Senators voted for cloture (to end debate and vote), there are additional Senators who have supported a delay but not cloture. The following 9 Republican Senators voted for cloture {* Up for Re-election in November}

Norm Coleman (R-MN)*
Susan Collins (R-ME)*
Elizabeth Dole (R-NC)*
Lisa Murkowski (R-AK)
Pat Roberts (R-KS)* - Round 1 State
Gordon Smith (R-OR)*
Olympia Snowe (R-ME) - Co-Sponsored S.3101
Ted Stevens (R-AK)*
George Voinovich (R-OH) - Round 1 State

The evidence supports the conclusion that 6 of the 9 who changed sides are concerned about their chances in November. The one person who should be most concerned and has a direct line to President Bush is candidate John McCain. Senator McCain failed to vote, but he may be alienating the millions involved in the Healthcare Industry. It is feared that the AMA and the national community of doctors will very likely be upset with McCain and the GOP, as most doctors have stood loyally behind the Republicans and against the threat of socialized medicine.

Additionally there are 15 more Republican Senators that either signed the recent Voinovich-Stabenow letter and/or signed an earlier letter by Senator Voinovich(R-OH) to delay the commencement of the Competitive Bidding Program on July 1st (* Up for re-election):

Lamar Alexander (R-TN)*- Round 2
Robert Bennett (R-UT) - Round 2
Kit Bond (R-MO) - Round 1
Sam Brownback (R-KS) - Round 1
Richard Burr (R-NC) - Round 1
Saxby Chambliss (R-GA)* - Round 2
Thad Cochran (R-MS)* - Round 2
Bob Corker (R-TN) - Round 2
John Cornyn (R-TX)* - Round 1
Jim DeMint (R-SC) - Round 1
Orin Hatch (R-UT) - Round 2
Kay Bailey Hutchison (R-TX) - Round 1
Johnny Isakson (R-GA) - Round 2
Arlen Specter (R-PA) - Round 1
Roger Wicker (R-MS) - Round 2

That is a total of 73 Senators that should have no problem asking Secretary Leavitt to implement an Emergency Delay in the Competitive Bidding Program sufficient to allow Congress to act.

If anyone recalls last years Super Bowl, remember: It is not over until the clock strikes 0:00. I suggest the following:

AMEPA will be sending a letter to Secretary Leavitt and Acting Director Weems requesting an Emergency Delay of the program, no more than 30 days to allow Congress to Act. This is an essential step to avoid the massive disruption and confusion that will occur if CMS attempts to implement a program to which Congress is visibly opposed and which can be cancelled days or at most weeks from its implementation. Such an event is likely to cause patients to loose faith in both CMS and all providers. We will also send a request to Chairman Rangel of the Ways and Means Committee to contact Leavitt/Weems.

We suggest you also immediately do the following:

1. All parties including patients should contact Secretary Leavitt at (202) 690-7000 and ask for an Emergency Delay so Congress has time to act. The fax number is (202) 690-7203
2. Contact the physicians that you know and explain the implications of their 10.6% pay cut coming in three days and ask them to help.
   
   
3. Contact all Senators and ask them to request the aforementioned Emergency Delay to Leavitt/Weems.
   
   
4. Contact John McCain (R-AZ) and ask others in the Healthcare Industry to do the same at his office at (202) 224-2235 AND his campaign headquarters at (703) 418-2008. Explain that you are very concerned about McCain's lack of support for this bill and the potential adverse implications for Republican chances in November.
   
   
5. You may also fax a letter to McCain's office at (202) 228-2862. The letter should explain your feelings about how the Senator and your party have handled this issue. Some registered Republican and Independents have seen fit to identify themselves as such in their complaints.
   
   
6. Bid Winners: We remind Bid Winners that the implementation of a program virtually certain to be cancelled in less than 30 days will be costly, confusing to patients and your own staff. Furthermore, decisions and commitments made in the expectation of a program that is very likely to be cancelled could expose your companies to major problems and financial losses. It would therefore seem advisable for all bidwinners to join in requesting an Emergency Delay from Leavitt/Weems.In any event it would seem wise for bid winners to delay their own implementation of any contracts they have won and permit"Grandfathering" of existing providers to continue until it is known whether the Competitive Bidding Program will be delayed by Congress.
   

Members look for emails throughout the day.
Look for a follow-up email which will include advice, sample letters and scripts for talking with patients, caregivers and guardians regarding the new program, as well as breaking news.