Law School

The government has taken the position that if a facility originally received Medicare certification for participation as a skilled nursing facility (SNF), then that prohibits a DME supplier from... Read more >
The 36-month oxygen rental period can restart in a number of circumstances. While some relate to a supplier’s business activities, there are important patient-related situations as well. Damaged,... Read more >
Innovative marketing has always been important to the successful DME supplier. There is now a confluence of events that is pushing the importance of marketing to the critical level. These events... Read more >
LENEXA, Kan. (Jan. 27, 2015)—Mediware Information Systems Inc. is hosting a free webinar entitled “Innovative Retail Strategies Within Legal Guidelines,” presented by Jeffrey S.... Read more >
A noncontract supplier can have its PTAN(s) added to a competitive bid contract after (1) a contract supplier purchases 5 percent or more of the noncontract supplier, (2) a noncontract supplier... Read more >
The Medicare anti-kickback statute states that a health care provider (such as a DME supplier) cannot provide anything of value to a person or entity in exchange for referring, or arranging for the... Read more >
An increasing number of commercial insurers are closing their provider panels—not allowing the suppliers to bill the insurers as in-network suppliers. This relegates the out-of-network suppliers to:... Read more >
It is important that the supplier stay off the slopes that result in an enforcement action by a governmental agency. One of these slippery slopes pertains to waiving co-payments. While it is... Read more >
It is clear that CMS does not like DME suppliers calling Medicare beneficiaries. The concern is that an elderly person who does not feel well can be easily taken advantage of over the phone by an... Read more >
There is a perfect storm of events that is pushing HME suppliers into the retail market. First, Medicare is broke. Second, there are 78 million Baby Boomers who are accustomed to paying their own way... Read more >
Assume that despite its best efforts, an HME provider is not awarded a competitive bid contract. This may be a blessing in disguise, presenting the following potential opportunities: Expanding... Read more >
Assume that a DME supplier purchases the assets of another DME supplier. In addition to transferring its “hard” assets to the purchaser, the seller will transfer its “intangible... Read more >
The HME industry is a young industry. In its present form, it has been around for about 30 years. The industry grew up relatively unregulated. The Centers for Medicare & Medicaid Services (CMS... Read more >
There are a number of federal statutes and regulations that govern HME providers. The “big four” are the: 1) Medicare anti-kickback statute; 2) telephone solicitation statute; 3)... Read more >
It is the “irresistible force” meeting the “immovable object.” The “irresistible force” is the 78 million-strong Baby Boomer Generation—born between 1946... Read more >