SM 1 — MEDICARE COVERAGE FOR LYMPHEDEMA

SENATE MEMORIAL 1 54TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION , 2020 INTRODUCED BY Bill Tallman 6 8 10 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.

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

and e t 17 WHEREAS, lymphedema causes swelling through accumulation w l n d 18 of lymphatic fluid in the tissues of the affected area;

and = = 19 a l WHEREAS, primary lymphedema is genetic and rare, affecting i a e r 20 one in one million Americans;

and a t m m 21 WHEREAS, secondary lymphedema affects one in one thousand d r e 22 Americans;

and c e s k 23 WHEREAS, lymphedema is widely studied in oncological e a n b 24 research communities because it is a potential comorbid u [ condition with breast, head and neck cancers;

and .215767.1 WHEREAS, the use of compression garments and pneumatic compression devices has been recognized as standard treatment for lymphedema;

and WHEREAS, the medicare statutory definition of "durable medical equipment" under Title 18 of the federal Social SM 1 Page 1 Security Act does not include lymphedema compression devices and pumps;

and e e 17 WHEREAS, three states cover lymphedema compression devices e e n d 18 and pumps, and two states have enacted laws that improve = = l ] 19 coverage for lymphedema compression supplies;

and a l r i 20 WHEREAS, the out-of-pocket cost of a lymphedema pump t e a t ranges from eight hundred dollars ($800) to five thousand m m 21 e d r e 22 dollars ($5,000);

and c e r c 23 WHEREAS, the Kaiser family foundation reported that the e a n b 24 average annual income of a medicare beneficiary in 2018 was u [ less than twenty-six thousand two hundred dollars ($26,200);

.215767.1 - 2 - 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 SM 1 Page 2 amendments to Title 18 of the federal Social Security Act to provide for medicare coverage of the cost of lymphedema pumps and compression garments;

-SM 31 -Page e3 e8 1725 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .215767.1