OIG Warns: No Telemarketing

Washington For the second time this year, the U.S. Office of Inspector General has posted a “special fraud alert” concerning telemarketing and durable medical equipment, warning providers of the harsh penalties associated with this fraudulent activity.

The first alert, which targeted direct telemarketing, appeared in the January Federal Register. Last month’s announcement addressed indirect telemarketing, hinting that some DME providers are trying to circumvent the rules by hiring marketing firms.

“Suppliers cannot do indirectly that which they are prohibited from doing directly,” the alert said. “Notwithstanding the clear statutory prohibition, the [OIG] has received credible information that some DME suppliers continue to use independent marketing firms to make unsolicited telephone calls to Medicare beneficiaries to market DME.”

In fact, the Social Security Act prohibits all unsolicited telephone calls to beneficiaries, except when the call regards a Medicare-covered item that the provider already has furnished; the beneficiary has given the provider written permission to call; or the provider has furnished at least one Medicare-covered item to the beneficiary during the preceding fifteen months.

More information is available at www.access.gpo.gov/su_docs/fedreg/a030304c.html.

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