Opticians Association of America

(information copied with OAA permission)

The Opticians Association of America believes in Opticianry as a profession. Thomas Blair, Jr. of Georgia drafted the "Title Protection Act". The Opticians Association of Washington adopted this resolution at our fall meeting. Please read it in its entirety. Most of the resolution we already do because of our licensure. The one piece that is new to us: wearing a name tag that promotes you as a "Licensed Dispensing Optician". It is a small way to promote who and what you do, to the consumer. Opticians frequently ask for advertising to educate the consumer. This is a way to do just that.

Six states, licensed or not, have also adopted the Title Protection Act just since September 2009; Washington was the first.

  The Title Protection Act for the Profession of Opticianry

H. The Profession of Opticianry

8-2: Use of the Title of Optician

    Whereas, the title Optician is widely used by persons in the field of opticianry, without legitimate credentialing of any kind; and

             Whereas use of the title Optician by non-credentialed personnel misleadingly creates an unwarranted presumption of competence to the unknowing and unsuspecting public; and

             Whereas consumers have the right to expect competent service and delivery of competently crafted eyewear products that are functional to their needs; and

             Whereas the inappropriate use of the title Optician discredits conscientious professional Opticians who validate their expertise at the state and national level by obtaining and maintaining credentialing that attests to a minimum basic competence, now therefore be it;

             Resolved that use of the title Optician shall be reserved exclusively to and for persons who have - at a minimum - successfully passed either the American Board of Opticianry or National Contact Lenses Examination basic competency exam or substantially equivalent state examinations, and be it further;

             Resolved such credentialing shall be maintained, attesting to an ongoing effort to maintain competence and professionalism, by wearing an appropriate and visible name tag in performing the duties of opticianry and/or contact lenses applications as appropriate.

       (left to right) OAW Past President Glenn Charles, new OAA President Diane Charles, OAW Executive Director Donna Hatch, OAW 2nd Vice President Natalie Frlan

SURETY BONDS FOR MEDICARE DMEPOS 

There has been considerable confusion about Medicare’s requirement for Surety Bonds
for DMEPOS, and how this requirement will affect those practices dispensing post-
cataract eyeglasses. We have finally received clarification from CMS. The following 
was provided by ASCRS/ASOA, and has been posted on the National Supplier Clearinghouse 
FAQ website (http://www.palmettogba.com/Palmetto/Providers.nsf/files/suretybondfaqs
09102009.pdf/$FIle/suretybondfaqs09102009.pdf). 

Q: How does an optometrist or ophthalmologist who dispenses eyeglasses qualify for 
the physician exemption?

A: An optometrist or ophthalmologist who dispenses eyeglasses can qualify for the 
physician exemption if the glasses are furnished only to his/her own patients as part 
of his/her own service. For purposes of this exemption, a "patient" is someone who, 
for instance, receives an eye exam or other diagnostic test from the physician prior 
to receiving the glasses. The term "patient" does not include, however, a person who 
walks into the physician's office with a prescription for glasses that was issued by 
another physician and simply receives the glasses without any sort of examination or 
test being furnished.

The same general principle applies to an enrolled optical center owned by an 
optometrist or ophthalmologist. The center can qualify for the physician exemption 
only if: (1) the shop and the physician's practice are under/within the same TIN 
and business structure (e.g., part of the same corporation), and (2) the glasses are 
furnished only to the optometrist/ophthalmologist's own patients as part of his/her 
own service. The term "patient," again, would not include a person who enters the 
optical center with a prescription for glasses that was issued by another physician 
and simply receives the glasses without any sort of examination or test being 
performed by the optical center. 

In order to qualify as exempt from the Surety Bond requirement, the practice must 
provide post-cataract eyeglasses only to its own patients. “Own patients” have been 
defined as those who receive some professional service from the physician in the 
practice prior to receiving the glasses. 

What has not been clear in the past is that the optical dispensary must be part of 
the same business structure (e.g., corporation) and under the same tax ID number. 
This may be a problem for some dispensaries that have been set up as separate entities. 

Unless you specifically qualify for the exemption, you must get a Surety Bond before 
October 2, 2009. According to the CMS web site: 

You should contact one of the sureties identified on the U.S. Department of Treasury's 
“Listing of Certified (Surety Bond) Companies;” the Web site for this listing is 
www.fms.treas.gov/c570/c570_a-z.html. For purposes of the surety bond requirement, 
these sureties are considered “authorized” sureties, and are therefore the only 
sureties from which a bond may be obtained. 

If you are required to get a Surety Bond and fail to do so, your optical dispensary 
will have its Medicare supplier number suspended and your claims for post-cataract 
eyeglasses will not be paid. You will be required to re-apply for a new supplier 
number, and any post-cataract eyeglasses dispensed until that number is issued 
cannot be billed to Medicare by you or by the patient. 

Finally, some practices will decide that the requirements for Medicare coverage of 
post-cataract eyeglasses are too onerous, and that the revenue from this segment of 
the business is not sufficient to justify the cost and aggravation. Your dispensary 
can choose to dis-enroll from Medicare without affecting the Medicare status of the 
practice. 

The Opticians Association of America (OAA) represents the business and professional interests of the nation's dispensing opticians, the men and women who fill prescriptions, issued by ophthalmologists and optometrists for corrective eyewear, including eyeglasses, contact lenses, low vision aids and ocular prostheses.

OAA is a unified, voluntary, national not-for-profit organization made up of four categories of voting members: retail Optical dispensing firms, state associations of opticians, individual dispensing opticians, and associate members. In addition the category of associate member allows interested industry suppliers to actively support the goals of opticianry. OAA's primary purposes are to foster a broader understanding and acceptance of professional retail optical dispensing as indispensable to the health and welfare of the public and to provide the public with efficient, effective and accurate optical dispensing services.

History and Structure

Founded in 1926 as the Guild of Prescription Opticians of America to represent the interests of retail optical firm owners, the organization worked to secure the rights of dispensing opticians to fit and dispense eyewear directly to the consumer, independent of those who examine eyes and prescribe eyewear. Reorganized in 1972 as the Opticians Association of America the organization for the first time brought together independent retail optical firm owners, optical corporations, state societies of opticians and individual optical dispensers employed in a variety of professional and retail settings.

OAA's positions are established by its Delegate Assembly which represents member firms, member state societies, associate members and individual members. In addition, the Delegate Assembly elects the members of the Board of Directors and the officers of the Association. Directly responsible to the Board, the Association's Executive Director oversees management of OAA activities including the services provided the American Board of Opticianry, National Contact Lens Examiners, OAA Foundation. National Committee of State Opticianry Licensing Boards, Opticians Committee for Political Education and the Educational Foundation in Ophthalmic Optics.

Legislative and Regulatory Advocacy

Today, OAA works to insure the continuing availability of the best possible optical dispensing services and to promote and defend the eyewear consumer's right to freedom of choice in obtaining eyewear. Through the courts, OAA successfully fought to have the prescription release rule affirmed as the law applicable in all states. Through its program of legislative and regulatory advocacy, OAA protects and defends its members' rights to be compensated equitably by third party plans such as Medicare. Before state legislatures and the U.S. Congress, OAA is the voice promoting acceptance of opticianry as a qualified, effective partner in the nation's eye care delivery system, and an important competitive balance serving to keep the cost of eyewear within the reach of all.

OAA represents opticians and eyewear consumers before government and other organizations that influence the provision of optical dispensing services. These include the Federal Trade Commission and Health Care Financing Administration.

Consumer Rights/Prescription Release -- In 1994, Washington enacted a Vision Care Consumer Assistance law (VCCA) which is a model other states may emulate. VCCA ensures access to vision care for all consumers by clarifying the content of prescriptions and requiring that all prescriptions be released automatically to patients following the eye exam. VCCA writes into state law the requirements of the Federal Trade Commission Prescription Release Rule (which currently applies only to spectacles) and expands the scope of coverage to include contact lenses. When OAA files its comments in the current Prescription Release Rule proceeding, it will advocate that prescription release requirements also apply to contact lenses.

Provider Equity -- OAA supports legislation which would both level the playing field for all competitors within the health care sector and protect the right of patients to select the providers of their choice. OAA supports (1)nondiscrimination standards which would prohibit discrimination against providers based on the type of license or certification they hold and discrimination against consumers for any reason; (2)coverage for "out of network" services through point-of-service plans; and (3)due process standards for patients and providers including fair and open network selection processes and equitable grievance procedures.

Support for Voluntary Credentialing and Continuing Education

A major purpose of OAA is to encourage, establish and maintain standards of competence, knowledge and performance for optical dispensers through voluntary national certification and registration programs that include examination and continuing education requirements. OAA was a founder of and appoints members of the boards of directors of the American Board of Opticianry and National Contact Lens Examiners, the national certifying agencies.

Members are Represented in Many Other
Eye Care and Business Organizations

OAA is represented on the governing boards of the American Board of Opticianry, National Contact Lens Examiners, Better Vision Institute, Commission on Opticianry Accreditation, International Opticians Association, National Committee of State Opticianry Regulatory Boards, Opticians Committee for Political Education, Tissue Banks International and the Educational Foundation in Ophthalmic Optics. OAA has on-going liaison and collaboration on matters of mutual interest with the Contact Lens Society of America, National Academy of Opticianry, American Academy of Ophthalmology, American Optometric Association, Optical Laboratories Association, Optical Manufacturers Association, Vision Council of America, American National Standards Institute, International Standards Organization, U.S. Chamber of Commerce and Small Business Legislative Council.

Services Address Specific Member Needs

Within the broad framework of its charges to preserve, protect defend and expand the rights of its members to participate independently in the eyewear delivery system and to provide and encourage education for its members, OAA provides a range of services that address specific need of dispensing opticians.

The need for state Licensing:

OAA supports licensure, registration, or legal recognition of opticians in all 50 states and the District of Columbia. Consumers in every state must be assured of the quality of the eyewear services they receive. OAA believes: (1)the only way to safeguard public health and safety is through specific statutory language defining what constitutes the scope of practice of ophthalmic dispensing, the qualifications to practice opticianry, and continuing education requirements; (2)enhanced education standards for opticians entering the marketplace in the future can be assured only through legislative mandate; (3)recognition of opticians in state law is necessary to ensure a level playing field in the vision care sector, because of managed vision care and third-party plan conditions; and (4)pending federal legislation which would mandate minimum nondiscrimination standards for managed care organizations requires providers to be licensed, certified, or otherwise recognized under applicable state law.

State Opticianry Licensing Boards

The need for education:

OAA sponsors and promotes basic and continuing education for opticians at its annual convention and at other meetings as well as through publications that are distributed nationally to individual dispensing opticians.

Protection of the public health and safety in the eyecare delivery system requires upgrading education standards for ophthalmic dispensers. Establishment of a national standardized formal educational program requiring at the minimum a two-year associate's degree is the first step in strengthening consumer protection standards in the optical marketplace. A comprehensive three-phase curriculum has been developed to implement the formal education standard incrementally. A two year associate degree must be the sole qualification for future opthalmic dispensers. OAA strongly supports legislation in every state to require a two-year degree combined with the gradual phasing out of apprenticeship programs.