14524 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 11 July 17, 2006 Veterans Affairs impose such ‘‘in the James M. Talent, Pat Roberts, Frank SUBMITTED RESOLUTIONS home’’ restrictions on mobility de- Lautenberg. vices. As Senator BROWNBACK said to James M. Jeffords, Christopher S. Bond, the Kansas City Star, it is important Mike DeWine, Daniel K. Akaka, Mary SENATE RESOLUTION 533—COM- to lift the restriction ‘‘to reflect our L. Landrieu, Debbie Stabenow, Charles MEMORATING THE 60TH ANNI- goal of ensuring that Americans with E. Schumer, Ron Wyden, Herb Kohl, VERSARY OF THE PERMANENT Patrick J. Leahy, Arlen Specter, Hil- disabilities are able to live inde- INTEGRATION OF PROFESSIONAL lary Rodham Clinton, Christopher J. pendent, healthy, and productive FOOTBALL BY 4 PIONEERING Dodd, John McCain, Carl Levin, Tom PLAYERS lives.’’ Harkin, Olympia J. Snowe. I thank Senators SANTORUM, MUR- Mr. VOINOVICH (for himself, Mr. RAY, COLLINS, AKAKA, JEFFORDS, DEWINE, and Mr. ALLEN) submitted the THE SECRETARY OF KERRY, HARKIN, KENNEDY, and LIEB- following resolution, which was consid- HEALTH AND HUMAN SERVICES, ered and agreed to: ERMAN for cosponsoring this important Washington, DC, October 25, 2005. ES legislation, and attached is a fact sheet Hon. CHARLES F. BASS, S. R . 533 that I request to be printed in the House of Representatives, Whereas the integration of sports sup- RECORD. I would also ask unanimous Washington, DC. ported other ongoing efforts to permanently end racial segregation as an accepted prac- consent to have printed in the RECORD DEAR MR. BASS: Thank you for your letter copies of the letter to the administra- tice in the United States; regarding the ‘‘in the home’’ requirement for Whereas, in 1946, 4 African-American foot- tion and the response that was received Mobility Assistive Equipment (MAE). ball players, William ‘‘Bill’’ K. Willis and by Capitol Hill. The Centers for Medicare & Medicaid Serv- Marion Motley, who played for the Cleveland There being no objection, the addi- ices (CMS) is required to follow section Browns, and Kenny Washington and Woody tional material was ordered to be 1861(n) of the Social Security Act (the Act) Strode, who played for the Los Angeles Rams, all signed contracts to play profes- printed in the RECORD, as follows: which states ‘‘the term ‘durable medical U.S. SENATE, sional football; equipment’ includes iron lungs, oxygen Whereas, on August 7, 1946, Bill Willis was Washington, DC, July 13, 2005. tents, hospital beds, and wheelchairs (which Re reconsideration of the Medicare ‘‘In the the first of this pioneering foursome to sign may include a power-operated vehicle that Home’’ requirement on wheelchair cov- a contract to play professional football for erage. may be appropriately used as a wheelchair, the Cleveland Browns forever ending the race but only where the use of such a vehicle is barrier in professional football, 1 full year Hon. MICHAEL O. LEAVITT, determined to be necessary on the basis of before Jackie Robinson broke the race bar- Secretary, Department of Health and Human the individual’s medical and physical condi- rier in professional baseball; Services, Washington, DC. Whereas, thanks to the significant con- tion and the vehicle meets such safety re- DEAR SECRETARY LEAVITT: The under- tributions of Bill Willis and Marion Motley, signed members write to request that you quirements as the Secretary may prescribe) the Cleveland Browns won the National modify the ‘‘in the home’’ requirement in used in the patient’s home (including an in- Football League (NFL) Championship in 1950 Medicare’s wheeled mobility benefit to im- stitution used as his home other than an in- which was the first year the Cleveland prove community access for Medicare bene- stitution that meets the requirements of Browns played in the NFL; ficiaries with mobility impairments. subsection (e)(1) of this section or section Whereas, in addition to permanently end- We commend CMS for its dedication to re- 1819(a)(1)), whether furnished on a rental ing the race barrier in professional football, ducing waste, fraud and abuse in the Medi- basis or purchased. . . .’’ CMS further de- Bill Willis and Marion Motley were recog- care system, particularly under the mobility fined the durable medical equipment (DME) nized for their outstanding professional foot- device benefit, and fully support your inten- ball careers by their election to the Pro benefit category at 42 CFR section 414.202 to tion to protect precious Medicare funds and Football Hall of Fame; and include equipment that can (a) withstand re- resources. Additionally, we commend the Whereas 2006 marks the 60th anniversary of agency for recently taking on the task of peated use, (b) is primarily and customarily the permanent integration of professional creating a new and, hopefully, more appro- used to serve a medical purpose, (c) is not football, and the NFL will commemorate priate Medicare coverage criteria for mobil- generally useful in the absence of illness or this milestone during the 2006 Pro Football ity devices. However, we are concerned that injury, and (d) is appropriate for use in the Hall of Fame Game: Now, therefore, be it CMS’ current interpretation of the ‘‘in the home. Resolved, That the Senate— home’’ requirement may continue to act as (1) recognizes the 60th anniversary of the There are two practical requirements that an inappropriate restriction in meeting the permanent integration of professional foot- real-life mobility needs of Medicare bene- must be satisfied for coverage of DME which ball; and ficiaries with physical disabilities and mobil- are a logical resu1t of the definition of DME: (2) respectfully requests the Secretary of ity impairments. (1) The equipment must be appropriate for the Senate to transmit for appropriate dis- Recently CMS announced a final National use in the home. This requirement excludes play an enrolled copy of this resolution to— Coverage Determination (NCD) for mobility a gasoline-powered vehicle, for example. (A) the Pro Football Hall of Fame in Can- assistance equipment (MAE) that fails to ton, Ohio; and adequately address the concerns of bene- (2) The patient must have a need to use the (B) William K. Willis, the only surviving ficiaries and other parties with the ‘‘in the equipment in the home. This requirement ex- member of the pioneering foursome who per- home’’ restriction. cludes equipment that is only necessary for manently ended the race barrier in profes- In order to ensure that the ‘‘in the home’’ use outside the patient’s home. sional football. requirement does not act as a barrier to community participation for Medicare bene- Therefore, we do not cover equipment if it f ficiaries with disabilities and mobility im- is exclusively needed outside of the home. AUTHORITY FOR COMMITTEES TO pairments; we ask that you modify this re- However, if DME is needed in the home and MEET quirement through the regulatory process. the beneficiary also uses it outside the home, COMMITTEE ON ENERGY AND NATURAL Additionally, if your agency concludes that the equipment would still be covered. For ex- RESOURCES the ‘‘in the home’’ requirement cannot be ad- ample, a high strength wheelchair may be Mr. COBURN. Mr. President, I ask dressed through the regulatory process, we covered when appropriate for home use even request that you respond with such informa- unanimous consent that the Com- though it may also be useful outside the tion as quickly as possible, so that Congress mittee on Energy and Natural Re- home. We do not have any restrictions on may begin examining legislative alter- sources be authorized to meet during the use of the equipment outside of the home natives. the session of the Senate on Monday, as long as there is also a need to use it in the We thank you for your consideration of July 17, 2006, at 2:30 p.m. The purpose home. this matter. of this hearing is to receive testimony Sincerely, I hope this information has been helpful. relating to the implementation of the Jeff Bingaman, Rick Santorum, John Please call me if you have any further Kerry, Joseph I. Lieberman, Barbara Energy Policy Act of 2005 Provisions on thoughts or questions. I will also provide Mikulski, Maria Cantwell, Edward M. Hydrogen and Fuel Cell Research and Kennedy, Patty Murray, Evan Bayh, this response to the cosigners of your letter. Development. Mark Dayton, Jack Reed, Johnny Isak- Sincerely, The PRESIDING OFFICER. Without son, Sam Brownback, Jon S. Corzine, MICHAEL O. LEAVITT. objection, it is so ordered.

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