REGION D DMERC Advisory Committee (DAC) A coalition of state HME associations in Medicare Jurisdiction D COALITION ARTICLES Ratified October 1, 1999 Amended August 5th, 2011 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 Noridian Administrative Services, the Jurisdiction D Durable Medical Equipment Medicare Administrative Contractor (DME MAC) and CEDI, the Common Electronic Data Interchange. The DAC will accomplish this by establishing strong relationships with the Jurisdiction D MAC and CEDI staff as well as CMS staff; meeting with the Jurisdiction D MAC and CEDI on a regular basis; providing the communication tools to facilitate thorough and prompt transfer of information to and from the industry representatives and associations; and coordinating the issues within the industry to adequately reflect the opinions of the majority. PURPOSE 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 pecuniary gain or profit to the members thereof and is organized for nonprofit purposes. Each state within CMS's Jurisdiction D will be provided with an opportunity to liaison directly with the Jurisdiction D DME MAC and CEDI staff. By representing providers within each state, the DAC will be able to address key issues from throughout the Jurisdiction, and consolidate these issues into a format that allows for productive proactive efforts to solve identified areas of concern. By maintaining an on-going working relationship with the Jurisdiction D DME MAC and CEDI, it is hoped that the industry and the DME MAC and CEDI representatives will promote more effective communication to better serve Medicare beneficiaries receiving home medical services, home infusion or assistive technology services. INTENT The representatives on the DAC shall solicit input from their respective industry representatives and associations on issues including, but not limited to, the following areas: o Home Medical Equipment o Enteral/Parenteral Therapy o Oxygen Therapy o Prosthetics/Orthotics o Respiratory Care Equipment o Rehab Equipment o I.V. Therapy o Ostomy/Urological Supplies o Medical/Surgical Supplies Specific questions (Medicare Part B) will be collected in these areas as related to reimbursement criteria, medical policy issues, and claims processing issues, electronic claims problems and secondary payor function. These questions will be submitted to the Jurisdiction D DME MAC and CEDI on a regular basis, and the Jurisdiction D DME MAC and CEDI 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 industry representatives and associations. The DAC will also address legislative and regulatory issues with the Jurisdiction D DME MAC and CEDI. 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 activities in Jurisdiction D and provide a forum to communicate CMS's position on issues. REPRESENTATION The DAC will be open to Supplier representation from all states within Jurisdiction D. The representatives must be approved by their respective state. Each state will be allowed one voting representative at the DAC meetings. Consideration will be given to each "member" for the selection of an "alternate" in the event that member cannot attend a scheduled meeting. Members are expected to provide the DAC with prior notification of the name of the authorized replacement. Any Jurisdiction D Supplier that is a member of their respective State Association and who is in good standing with Medicare qualifies to be a Jurisdiction D DAC member. This also includes Vendor/Manufacturer Supporters, Consultants who provide professional services to HME Suppliers within Jurisdiction D, and National/Regional Association Members. To participate as a volunteer on a DAC A -Team, regular participation on an A-Team is required to maintain A-Team membership. To become eligible for election to an A-Team Leader or Assistant A-Team Leader Position, or the Executive Committee, a DAC member must be in good standing and have 5 or more years of experience within the DAC. The DME MAC/CEDI may be represented by officials from the areas of Provider Relations, Medical Policy, Customer Service, Claims Processing, Fraud and Abuse, Ombudsmen, and other department personnel selected by the DME MAC/CEDI at the time of the scheduled meeting. CMS shall be invited to have staff attend all DAC meetings. OPERATIONAL PROTOCOL The DAC shall meet on a quarterly basis, with each meeting being scheduled at the end of the previous meeting (upon agreement of dates and times by a majority of those present). Each state in the Jurisdiction shall be permitted selection of one supplier representative to serve on the DAC. Each respective state and/or association shall determine the terms and conditions of its supplier representatives. 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. However, A Non-Supplier member (which includes Vendor/Manufacturer Supporters, Consultants ,and Associate Members) is limited to a two year term on the Executive Committee. To be eligible for nomination to the DAC Executive Committee, a DAC member must have served as a DAC D State Representative for a minimum of one year, a DAC D A-Team Leader for a minimum of one year, or a DAC D Assistant A- Team Leader for a minimum of two years. In addition, the DAC D member must also be a current member of a state or regional state association in good financial standing within the Jurisdiction D DAC to be eligible for consideration for nomination for the DAC D Executive Committee. Should a DAC D Executive Committee member have a change in supplier 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 as an industry supplier in Jurisdiction D, the Executive Committee member will have six months grace period to re-establish DAC D supplier member eligibility. If the Executive Committee member does not intend to continue as an industry supplier in Jurisdiction D or after six months the Executive Committee member is unable to re-qualify to serve as a supplier member on the Executive Committee, that Executive Committee member will be replaced on the committee by special election within 60 days of position vacancy or at the annual election whichever is sooner. The DAC shall engage an Administrative Services group to handle clerical and accounting functions within the DAC. Fees and terms will be negotiated annually by the Chairman and approved by the Executive Committee. Each state or state champion will be assessed an annual fee of $ 1,000.00 to cover the operational costs incurred by the DAC. Associate members, such as national or regional trade associations will be assessed an annual fee of $ 700.00. DME MAC/CEDI and CMS staff will not be assessed a fee for DAC involvement. Fees may change depending on the financial needs of the DAC by majority vote of the official representatives from each state present at the time. The DAC will coordinate meetings and meeting costs with the DME MAC and CEDI, and will pay the agreed upon costs. Meeting notices will be sent to all state associations and associate members at least eight weeks prior to the meeting date. A form for gathering questions will also be sent at that time. Questions for the DME MAC/CEDI will be forwarded to the designated representatives by the requested deadline. The DME MAC and CEDI will attempt to provide the Chairman of the DAC with answers to the submitted questions via e-mail or fax prior to the scheduled meeting. The Chairman can then provide copies of the answers to all DAC members for their review. If unable to do so, the DME MAC/CEDI will distribute copies of their responses at the scheduled meeting. The Chairman shall preside over the DAC at the regular meetings. In his/her absence, the Vice-Chairman 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 representative for timely approval. Upon approval, the minutes will be distributed to all members and associate 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 Membership. Extraordinary costs, such as educational programs or trade shows sponsored by the DAC must be approved by a majority vote of the DAC membership, and may be levied as an additional expense to the respective membership of the DAC. All travel and related expenses of DAC members are the sole responsibility of that member, unless determined differently by each respective state association. The DAC will share all relative correspondence with the other Regional DAC leaders if provided with those persons' names, addresses, and requested mode of communication (preferably e-mail). Limitation of Powers Notwithstanding any of the above statements of purpose and powers, this coalition shall not, except to an 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 Sheila Roberson – Friday, 08/05/2011.