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House and Senate Weigh Co-Payment for Care at Home

By Robert Pear, the New York Times

October 14, 2003

House and Senate negotiators working on Medicare legislation say they are seriously considering imposing a co-payment on home health care, one of the few Medicare benefits for which patients do not have to pay such charges.

Congress eliminated the co-payment in 1972 in an effort to encourage the use of home care as an alternative to nursing homes and hospitals, which are generally more expensive.

Just four days remain before a Friday deadline suggested by Republican leaders of Congress for completing work on the legislation, which would revamp Medicare and add prescription drug benefits, at an estimated cost of $400 billion over 10 years.

Several negotiators said on Monday that they were seriously considering a co-payment of $40 to $45 for each 60-day period in which a beneficiary receives home care. That is about 1.5 percent of the average cost of such care. For each 60 day period, Medicare typically pays $2,700 to $3,000.

Members of a Congressional conference committee are trying to reconcile separate bills passed by the House and the Senate, a big challenge with big political implications for President Bush and lawmakers of both parties. The House bill includes a co-payment for home care, but the Senate bill has no comparable provision.

Representative Bill Thomas, Republican of California, the chief architect of the House bill, described the co-payment as a way to deter unnecessary use of home care.

"Requiring beneficiaries to share the cost of home health services encourages them to use care more prudently," said Mr. Thomas, the chairman of the conference committee.

But home care agencies and advocates for the elderly criticized the co-payment as a "sick tax."

Most supporters of the co-payment are Republicans. But opposition comes from both parties.

"A home health co-payment of $40 to $50 per episode would impose a significant additional burden on those beneficiaries who can least afford it," said a letter to the conference committee, drafted by Senators Susan Collins, Republican of Maine, and Russell D. Feingold, Democrat of Wisconsin. Fifty-seven senators, including 24 Republicans, have signed the letter.

Medicare spending on home care soared in the early 1990's. But it fell to $10 billion in 2002 from $17.5 billion in 1997 as the government adopted a more restrictive method of payment and cracked down on fraud. The Congressional Budget Office predicts that annual spending will triple in the coming decade, to $32.9 billion in 2013.

Thomas A. Scully, administrator of the federal Centers for Medicare and Medicaid Services, said the Bush administration had not taken a formal position on the co-payment. He said he personally believed that "a good case can be made for charging a modest co-payment to people who can afford it."

A Republican working on the Medicare bill said, "A co-payment seems inevitable." Any effort to block the co-payment at this stage would probably touch off a big fight, he said.

Another Republican, Representative John E. Peterson of Pennsylvania , said he argued against the co-payment last week in a meeting with Representative Thomas.

Mr. Peterson said he came away from the meeting with the impression that "there's likely to be a co-payment" on home health care. Mr. Peterson is not a member of the conference committee, but is closely following its work.

Home care workers provide a wide range of services to the homebound elderly and disabled: nursing care for patients with surgical wounds, physical therapy for those with hip fractures, speech therapy for stroke patients and monitoring of patients with unstable vital signs.

The Republican leaders of Congress, Speaker J. Dennis Hastert of Illinois and Senator Bill Frist of Tennessee , have set Friday as the goal for reaching agreement on the Medicare bill.

Several lawmakers said it would be difficult to meet that goal. But Congressional aides have been meeting continually for several months, and John E. McManus, a top aide to Mr. Thomas, said: "The end is nigh. We are making tremendous progress, and the momentum is building."

Though the prospect of new drug benefits has excited the greatest public interest, the Medicare bill would affect many other aspects of the program.

The conference committee is weighing a proposal to exempt low-income beneficiaries from the new co-payment. Several negotiators have also proposed an exemption for the first 60-day episode of home care.

Kathy S. Thompson, vice president of the Visiting Nurse Associations of America, a trade group for nonprofit home health organizations, said the co-payment was one of many surprises buried in the voluminous bill.

"Most beneficiaries receiving home care are elderly women in poor health, living alone on fixed incomes," Ms. Thompson said. "Even if individuals with incomes under $12,000 a year are exempt, the co-payment would create a real hardship for those with incomes of $12,000 to $15,000."

Mary Vasinda, president of Around the Clock Home Care in Bakersfield , Calif. , Mr. Thomas's hometown, said: "A co-payment would create a significant barrier for those in need of home health services. The burden would fall on home care users with the highest Medicare expenses and the worst health status."

Representative Billy Tauzin, Republican of Louisiana, tried to eliminate the co-payment from the House bill in June. The Committee on Energy and Commerce, of which he is chairman, voted 41 to 5 to delete it. But the charge was included in the bill passed by the House.

Mr. Peterson said Mr. Tauzin was now "working hard to minimize the co-payment." But Mr. Peterson added, "I don't know anybody in the conference committee who's fighting to keep it out completely."

The House bill would also reduce the annual update in Medicare payment rates for home health services in each of the next three years. The Congressional Budget Office estimates that that change, combined with the new co-payment, would save Medicare a total of $7 billion, or 3.4 percent of projected home health spending, in the next 10 years.

William A. Dombi, vice president of the National Association for Home Care, said that many Medicare beneficiaries receiving home care already paid co-payments and deductibles for doctors' services, hospital care and medical equipment like wheelchairs and walkers.

Lobbyists and lawmakers are also debating a proposal to establish a co-payment for diagnostic tests performed by clinical laboratories. The Senate bill would require Medicare beneficiaries to pay 20 percent of the cost of such tests. The Congressional Budget Office estimates that those co-payments would total $18.6 billion over the next decade.

Alan B. Mertz, president of the American Clinical Laboratory Association, said, "We have made some headway in convincing Congress that the laboratory co-payment is unworkable."

In many cases, Mr. Mertz said, the cost of trying to collect the co-payments would exceed the amount collected. For the 100 most common tests, he said, the co-payment would average less than $2.50 a test.

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