Region D DMERC Advisory Committee (DAC)

A coalition of state HME associations, providers and industry professionals in Medicare Jurisdiction D

Coalition Articles

Ratified August 5, 2011

Amended November 01, 2013

Name of Organization:

The name of this coalition is the Region D Advisory Committee (DAC), hereinafter referred to as the DAC.

Mission Statement:

The DAC shall be the primary communications vehicle between the home medical equipment (HME) industry and Jurisdiction D Durable Medical Equipment Medicare Administrative Contractor (DME MAC), the Common Electronic Data Interchange (CEDI), Competitive Bid Contractor (CBIC), Pricing Data Analysis and Coding Contractor (PDAC), Recovery Audit Contractor (RAC), and National Supplier Clearinghouse Advisory Committee (NSCAC) and the Centers for Medicare & Medicaid Services (CMS).

The DAC will accomplish its goals by establishing strong relationships with the appropriate representatives from the DME MAC, CEDI, CBIC, PDAC, RAC, NSCAC and CMS (as available); meeting with them on a regular basis; providing the communication tools to facilitate thorough and prompt transfer of information to and from the DAC members; and coordinating the issues within the industry to adequately reflect the opinions of the HME industry as a whole.

Organizational Structure:

The specific and primary purpose of the DAC is to operate a professional organization within the meaning of Section 23701e of the California Revenue and Taxation Code.

The DAC does not contemplate the pecuniary gain or profit to the members thereof and is organized for nonprofit purposes.

Purpose:

HME providers, provider representatives, state, national and trade associations, and industry professionals collectively representing providers in each state within CMS’S Jurisdiction D will be provided an opportunity to work directly through their prospective A-Teams. By representing providers from all states within the Jurisdiction D, the DAC will be able to address key issues from throughout the region and consolidate these issues into a format that allows for productive and proactive efforts to resolve identified areas of concern.

By maintaining an on-going working relationship with the Jurisdiction D DME MAC, CEDI, CBIC, PDAC, RAC, NSCAC and CMS representatives (as available), we will promote more effective communication with providers to better serve Medicare beneficiaries receiving home medical services, home infusion, and/or assistive technology services. We believe that our collective efforts will result in clearer understanding and the promoting of provider compliance within Jurisdiction D.

Intent:

The representatives on the DAC shall solicit input from their respective providers, industry representatives and associations on issues including, but not limited to, the following areas:

Home Medical Equipment

Enteral/Parenteral Therapy

Oxygen Therapy

Prosthetics/Orthotics

PAP/Respiratory Care Equipment

Rehab Equipment

IV Therapy

Ostomy/Urological Supplies

Medical/Surgical Supplies

Provider Outreach and Education

Provider Enrollment

Specific questions, relating to Medicare Part B, will be collected in these areas as related to coverage and reimbursement criteria, medical policy, claims processing, electronic transmissions, secondary payor function, coding, provider education events and materials and other areas as appropriate. These questions will be submitted to the Jurisdiction D DME MAC, CEDI, CBIC, PDAC, RAC, NSCAC and CMS on a regular basis. Answers from Jurisdiction D DME MAC, CEDI, CBIC, PDAC, RAC, NSCAC, and CMS (as available) will provide the DAC with answers at our quarterly meetings or sooner, if needed.

The DAC will distribute these questions and their respective answers, as well as any other pertinent information collected, back to the DAC membership.

The DAC will also address legislative and regulatory issues with the Jurisdiction D DME MAC, CEDI, CBIC, PDAC, RAC, NSCAC and CMS (as available). CMS representatives will also be listed as permanent invitees to the DAC meetings. It is hoped that CMS’s presence will facilitate their oversight of provider/DME MAC, CEDI, CBIC, PDAC, RAC, and NSCAC activities in Jurisdiction D and provide a forum to communicate CMS’s position on issues.

Operational Protocol:

The DAC shall meet on a quarterly basis, with each meeting being scheduled in coordination with the MAC’s and the the other councils. at the end of the previous meeting (upon agreement of dates and times by a majority of those present).

Meeting notices shall be sent out to all DAC members at least eight weeks prior to the meeting date.

Questions for the DME MAC, CEDI, CBIC, PDAC, RAC, NSCAC and CMS will be forwarded to the designated representatives by the requested deadline.

The DME MAC, CEDI, CBIC, PDAC, RAC, NSCAC and CMS (as available) will attempt to provide the Chair of the DAC with answers to the submitted questions via e-mail or fax prior to the scheduled meeting. The Chair will then provide the answers to all DAC members for their review.

The DAC will coordinate the meetings and meeting costs with the DME MAC and CEDI, and will pay the agreed upon costs.

Membership:

DAC membership will be comprised of (but not limited to) providers, provider representatives, state, national and trade associations, manufacturers, vendors, and accreditation firms.

Consideration will be given to each “member” for the selection of an “alternate” in the event that the member cannot attend a scheduled meeting. Members are expected to provide the DAC with prior notification of the name of the authorized replacement.

Each member will be given the opportunity to serve on an A Team/A Teams of their choice. To participate as a volunteer on a DAC A Team, regular participation on the A-Team calls and meetings shall be required. Prior notification of absence is appreciated.

Yearly dues will be needed to aide in the administration and function of the DAC. Dues will be expected as follows:

-Providers in good standing with any state association (per year), dues shall be waived.*

-Providers within states that have no state association shall be assessed $150 per member per year.*

-Provider representatives in good standing with any state association (per year), dues shall be waived.*

-Provider representatives not associated with any state association will be assessed $150 per member per year.*

-State Associations shall be assessed $700 per year. Associations representing multiple states shall be assessed $250 per additional state and representation on the DAC website. Additional association representatives may be added at $100 each.*

National or Trade Associations shall be assessed $700 per year with up to two representatives and representation on the DAC website. Additional association representatives may be added at $100 each.*

-Vendor/Manufacturer/Accreditation Firms shall be assessed $700 per year with up to two representatives and representation on the DAC website. Additional representatives may be added at $100 each. *

*Provider and provider representative members shall be given one voting right each. State(s), National, Trade Associations, Vendors, Manufacturers, and Accreditation firms shall be given one voting right per organization.

Definition of terms:

Providers shall be defined as any person/company who provides services directly to beneficiaries and end users, whom is a provider in the Medicare program.

Provider representatives shall be defined as any person/company who provides services to providers within Jurisdiction D (i.e. consultant, billing agent, etc).

State(s) Associations shall be defined as an organization who’s primary goal is to support, advocate and otherwise further the interest of the state(s) represented (such as MAMES, PAMES, Big Sky, etc).

National Associations shall be defined as an organization who’s primary goal is to advocate and otherwise further the interest of the industry on a national scale.

Trade Associations shall be defined as an organization who’s primary goal is to advocate and otherwise further the interest of the industry on a membership level (i.e. AA Homecare, VGM, AOPA, etc).

Vendor shall be defined as any group that provides a product to a provider or end user, including but not limited to, software vendors (i.e. Brightree, Medforce, Universal, etc), distributors (i.e. Essential, Independence Medical, McKesson, etc) .

Manufacturer shall be defined as any company that makes a product that is sold to a distributor, provider, or end user (i.e. Pride Mobility, Golden Technologies, Drive Medical, DJO Global, etc).

Accreditation Firms shall be defined as organizations (i.e. JCAHO, CHAPS, BOC, ACHC, etc).

-DME MAC, CEDI, CBIC, PDAC, RAC, NSCAC, nor CMS will be assessed any fess for DAC involvement.

Fees may change depending on the financial needs of the DAC by a majority vote of the Executive Committee.

DAC is not responsible for any expenses that its members accrue as a result of attending any quarterly meetings.

Leadership:

To become eligible for election to an A Team Leader or Assistant A Team Leader Position, or to the Executive Committee, a DAC member must be in good standing with Medicare and have 5 or more years of experience within the DAC.

Executive Committee:

The DAC shall annually elect an Executive Committee who shall serve successive terms if elected by the membership. There is no term limit established by the DAC members or leadership to serve.

To be eligible for nomination to the DAC Executive Committee, A DAC member must have served as a DAC D A-Team Leader for a minimum of one year, or a DAC D Assistant A Team Leader for two years. In addition, the DAC D member must also be a current member of a state or trade association, or otherwise a paid dues member in good financial standing within the DAC.

Should a DAC D Executive Committee member have a change in DAC member eligibility status during their service on the committee (i.e., loss of employment, leave of absence, relocation, etc.), and the Executive Committee member intends to continue in the DAC, the Executive Committee member will have six months grace period to re-establish DAC D membership eligibility. If the Executive Committee member does not intend to continue in the DAC or after six months the Executive Committee member is unable to re-establish as a DAC member, that Executive Committee member will be replaced by special election within 60 days of position vacancy or at the annual election whichever is sooner.

The Chair shall preside over the DAC at regular meetings. In his/her absence, the Vice-Chair shall preside over said meetings.

The DAC Secretary/Treasurer/Administrative Services shall submit drafts of meeting minutes from the DAC meetings to the DME MAC and CEDI lead representatives for timely approval. Upon approval the minutes will be distributed to all members of the DAC.

The DAC Secretary/Treasurer/Administrative Services shall submit a financial report monthly to the Executive Committee and bi-annually to the DAC members.

Extraordinary costs, such as educational programs or trade shows sponsored by the DAC must be approved by a majority vote of the DAC members, and may be levied as an additional expense to the respective members of the DAC.

Administration:

The DAC shall engage an Administrative Service group to handle clerical and accounting functions within the DAC. Fees and terms will be negotiated annually by the Chair and approved by the Executive Committee.

Limitation of Powers:

Notwithstanding any of the above statements of purpose and powers, this coalition shall not, except to and insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purposes of the association.

Authorized and Signed by Leslie Rigg, DAC Chair-July 24, 2013.

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