SENATE MEMORIAL 1

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Bill Tallman

 

 

 

 

 

A MEMORIAL

REQUESTING THE NEW MEXICO CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATION TO PROVIDE FOR MEDICARE COVERAGE OF THE COST OF LYMPHEDEMA PUMPS AND COMPRESSION GARMENTS.

 

     WHEREAS, lymphedema is an incurable condition stemming from trauma to the lymphatic system; and

     WHEREAS, lymphedema causes swelling through accumulation of lymphatic fluid in the tissues of the affected area; and

     WHEREAS, primary lymphedema is genetic and rare, affecting

one in one million Americans; and

     WHEREAS, secondary lymphedema affects one in one thousand Americans; and

     WHEREAS, lymphedema is widely studied in oncological research communities because it is a potential comorbid condition with breast, head and neck cancers; and

     WHEREAS, the use of compression garments and pneumatic compression devices has been recognized as standard treatment for lymphedema; and

     WHEREAS, medicare is a federal program and governed in part by Title 18 of the federal Social Security Act; and

     WHEREAS, congress alone is empowered to redefine medicare benefits; and

     WHEREAS, the medicare statutory definition of "durable medical equipment" under Title 18 of the federal Social Security Act does not include lymphedema compression devices and pumps; and

     WHEREAS, the federal Lymphedema Treatment Act was introduced in the one hundred sixteenth United States congress to amend Title 18 of the federal Social Security Act to require inclusion of lymphedema compression treatment equipment in the definition of "durable medical equipment"; and

     WHEREAS, three states cover lymphedema compression devices and pumps, and two states have enacted laws that improve coverage for lymphedema compression supplies; and

     WHEREAS, the out-of-pocket cost of a lymphedema pump ranges from eight hundred dollars ($800) to five thousand dollars ($5,000); and

     WHEREAS, the Kaiser family foundation reported that the average annual income of a medicare beneficiary in 2018 was less than twenty-six thousand two hundred dollars ($26,200); and

     WHEREAS, refusal to designate lymphedema pumps and compression devices as durable medical equipment pursuant to Title 18 of the federal Social Security Act poses a financial burden on lymphedema sufferers;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that members of the New Mexico congressional delegation be requested to support proposed amendments to Title 18 of the federal Social Security Act to provide for medicare coverage of the cost of lymphedema pumps and compression garments; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the members of the New Mexico congressional delegation.

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