Agape attorneys issue statement on competitive bidding complaints

Attorneys representing Agape Medicare Management say the company is investigating complaints from HME providers about problems with submitting documents for Round 2 of Medicare’s Competitive Bidding Program.

Kaplan, Kenegos and Kadin, a Beverly Hills, Calif., law firm, issued a statement after several HME providers posted complaints on the Internet and told HME industry organizations that they had encountered serious problems with competitive bidding consultant services provided by Agape.

In an April 5 letter, the law firm said Agape had taken extraordinary steps to accommodate clients who had submitted bidding information late, as the deadline for completing bids loomed.

“Despite the late receipt of information, Agape was still able to process most bids,’’ the letter said. “Other clients who did not provide required information were advised to complete bids themselves.’’

The letter said the company was investigating claims of “nonreceipt or untimely receipt of hardcopy documentation by CBIC. We are in constant contact with the U.S. Post Office and CBIC Ombudsmen Michal Mitko and providing them with complete lists of all bidders, the dates documents were shipped and their tracking numbers. … There have been no claims of untimely filing of bids by any clients who provided timely information to Agape.”

Mark Higley, a competitive bidding authority with the VGM Group, said several HME providers had contacted his organization with a wide variety of complaints about Agape. VGM and other HME industry experts are monitoring the situation to see how it develops, Higley said.