March 16, 2006
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Wallingford: AOA increases attention on legislative front

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DALLAS – Here at the Southwest Council of Optometry annual conference, Richard L. Wallingford, OD, American Optometric Association president, updated attendees on the association’s activities at a national level. Most of Dr. Wallingford’s comments mirrored news reports appearing in PRIMARY CARE OPTOMETRY NEWS in recent issues.

S. 1955, a piece of legislation advancing in the U.S. Senate, is a major concern to optometry, several other provider groups and consumers, said Dr. Wallingford. This bill would exempt small business health insurance plans from state patient protections, including those specifically designed to safeguard eye and vision care.

“If this bill passes, it will affect all of our practices,” Dr. Wallingford told attendees at an SWCO lunch. The states’ any willing provider laws, non-discrimination clauses or HMO patients’ rights to see an optometrist in an emergency would not apply to this insurance. It would affect patients by excluding pre-existing conditions, open enrollment and community-based ratings laws. He urged practitioners to voice their concerns to their legislators.

Attempts to limit contact lens sales

Dr. Wallingford warned attendees that “1-800 CONTACTS has been to Indiana, Utah, Georgia, West Virginia and Florida. They will come to your state.”

He said the corporation is attempting to pass legislation on a state-by-state basis that would dictate what optometrists can and cannot prescribe for a contact lens.

The bill recently passed in Utah requires manufacturers in that state to make their contact lenses available to “alternative channels of distribution,” which includes any mail order company, Internet retailer, pharmacy, buying club, department store or mass merchandise outlet (see upcoming article in May issue).

Dr. Wallingford said that Utah ODs managed to slow down the bill. The original verbiage would have made it illegal for an optometrist to sell a lens not available from other sources. “The true goal of 1-800 is to get to the point where ODs can no longer sell the contacts that they prescribe,” Dr. Wallingford said.

Oct. 14, 2005, the Federal Trade Commission sent a letter to 1-800 CONTACTS regarding potential violations of the Fairness to Contact Lens Consumers Act, he said. The company’s response to the FTC asserted that the AOA’s lobbying efforts were responsible for the government’s warning. “AOA will continue to keep Congress and the FTC informed, so keep reporting the violations you see,” said Dr. Wallingford.

No cuts to Medicare reimbursement

Pres. Bush signed a deficit reduction act Feb. 8 that reversed the 4.4% reduction for Medicare reimbursement, Dr. Wallingford continued. Now fees for services provided in 2006 will be the same as 2005.

The Center for Medicare and Medicaid Services (CMS) processes 20 million claims a week, he said. “They will have to re-process 100 million claims [going back to Jan. 1] to issue that 4.4% difference,” Dr. Wallingford said. “It may take a few months to receive your payment.”

He added that the bill came close to including a “pay for performance” (PFP) clause, where practitioners would be paid based on quality. “The AOA is talking with CMS as they’re developing these guidelines,” he said. “CMS says this is a way to control Medicare costs.”

The war on optometry

Dr. Wallingford also referred to the recent survey results by the National Consumers League (see “Survey’s claims: consumers prefer MDs for eye care,” upcoming April issue) indicating consumer preference for MDs. The survey was supported by the American Academy of Ophthalmology.

“The American Medical Association has stated that its goal is to slow down the growth of limited license professions, which includes physicians assistants, nurse practitioners, chiropractors, mid-wives, nurse anesthetists, podiatrists, psychologists and optometrists,” said Dr. Wallingford. “They see optometry as being most successful and are targeting us.

“The AOA will get more active at the grassroots level,” he continued. “This year we need to strengthen AOA-PAC [political action committee] and continue to more actively reach out to elected officials. The last year and a half we’ve been stronger, tougher, more effective in Washington. The decorative contact lens bill was signed, the children’s vision bill has 188 sponsors and the Bennett amendment was defeated.”

Children’s vision

The Children’s Vision Improvement and Learning Readiness Act of 2005, HR 2238, “would direct $75 million for state initiatives that support eye exams and screenings,” Dr. Wallingford said. “We’ve succeeded in building a strong base of support, but still need 50 more sponsors to help convince Congress to make children’s vision the priority it needs to be.”

The AOA’s InfantSee program is nearly 1 year old and has won praise by former Pres. Jimmy Carter and the surgeon general of the United States. The program’s goal is to see 100,000 infants in 2006. “We have 7,500 participants in InfantSee,” Dr. Wallingford said. “If each sees one baby per month, we’ll reach our goal. Participants must remember to send their reports to the AOA.”

Opticians refracting

Dr. Wallingford also updated the audience on pending legislation in British Columbia that would allow opticians to refract and update prescriptions (see “Regulation would allow Canadian opticians to refract, upgrade prescription lenses, March, page 4).

“We look at that as a serious threat to the health of patients,” he said. “If it happens in Canada, it won’t be that long before it happens in the United States. We plan to help Canada oppose this.”

Planning for the future

Dr. Wallingford also referenced the AOA’s Optometry 2020 Summits (see “Second Optometry 2020 Summit explores ‘the preferred future,” upcoming April issue), the association’s national optometry awareness campaign (see “AOA initiates public relations campaign,” September 2005, page 8) and Optometry’s Meeting, June 21 to 25 in Las Vegas.

“Registration numbers are three times what the numbers were for last year at this time,” said Dr. Wallingford. “This will be the largest organized optometry event ever held.” The meeting, themed, “Bright Nights and Late Nights,” will culminate with a concert by the Beach Boys.