Individual States may not obstruct a patient's ability to obtain treatment by imposing a sales tax, service tax, or gross receipts tax upon patients who have been diagnosed with lymphatic or vascular disease or on providers of evaluations, examinations, services, therapy, supplies, or equipment ordered by a physician for treatment of lymphatic or vascular disease.
Providers of treatment, both MLD/CDP and DME specific to treatment for lymphedema, chronic venous insufficiency, and peripheral vascular disease shall receive reimbursement for services at the rate outlined in Exhibit "A" and "B"of this statute. Rates shall be uniform nationwide, and shall increase with the cost of doing business at a rate of 3% per year. Any provider who engages in price gouging related to compression stockings and sleeves shall be held liable for fraud. Pricing to insurers exceeding the nationally recognized mark up for compression stockings and sleeves of cost times two, shall be considered price gouging and fraudulent activity.
Violations of the law and statute as stated herein shall be investigated and prosecuted under the jurisdiction of each state's attorney general, state or federal insurance commissioner, federal inspector general, federal justice department, and/or federal trade commission. Each violation may be subject to a fine and or penalty and/or restitution to government agency investigating the violation, to the affected patient, ordering physician, and provider in amounts ranging from $11,000 per violation per government agency investigating the violation, the affected patient, provider, and ordering physician up to $600,000 per violation government agency investigating the violation, affected patient, provider and ordering physician. A provider or patient may submit a complaint to a state's attorney general, insurance commissioner, and/or medical examiner's board immediately upon the occurrence of any violation of this law for investigation, and shall not be subject to the insurer's internal complaint process. No provider or insurer shall engage in any retaliatory activity or take retaliatory action towards the individual or entity filing the complaint.
Future Amendments to this law may only be made to improve the quality of healthcare, upon submission of substantial clinical studies and proof of efficacy for new therapies, to include coverage for new therapies and treatments. Amendments may not be made that would cause a reduction in coverage, care, or that should obstruct in any way, a patient's rights to obtain treatment as ordered by their physician. Jurisdiction: This is a Federal bill and shall be reform for all fifty (50) states.
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