Friday, December 7th, 2018
By: Jeffrey S. Baird, Esq. and Wayne H. van Halem, CFE, AHFI This is a reprint of the article that was published in last week’s Medtrade Monday. Medtrade Monday and the two authors decided to run this article a second time because of the importance of the topic. Note that Jeff and Wayne will present […]

Wednesday, November 21st, 2018
By: Jeffrey S. Baird, Esq. From Day 1 of competitive bidding, the DME industry sounded the alarm that the program would be unworkable. Industry stakeholders pointed out: “Low ball bidders” would submit bids in multiple CBAs…with no ability to take care of patients in those CBAs. “Low ball bidders” wanted to “scoop up as many […]

Wednesday, November 21st, 2018
By: Jeffrey S. Baird, Esq. In my July 9, 2018 Medtrade Monday article, I discussed the Family Rehab, Inc. v. Azar case in which (i) the 5th Circuit Court of Appeals ruled that the Federal District Court (the trial court) had jurisdiction to grant a Temporary Restraining Order (“TRO”) and Temporary Injunction, if the facts […]

Wednesday, February 14th, 2018
By: Jeffrey S. Baird, Esq. & Elizabeth H. Jepson, Esq. An important element of the success of a DME supplier is a vibrant marketing program. In implementing a marketing program, the supplier needs to avoid pitfalls pertaining to the Medicare anti-kickback statute (“AKS”), the federal beneficiary inducement statute, the federal telephone solicitation statute, the Stark […]

Wednesday, February 14th, 2018
By: Jeffrey S. Baird, Esq. and Pam F. Colbert, Esq. With the shifting sands of the Affordable Care Act (“ACA”), and with 78 million Baby Boomers retiring at the rate of 10,000 per day, there is more need – but less funding – for state Medicaid programs. State Medicaid programs are seeking a path to […]

Wednesday, February 14th, 2018
By: Bradley W. Howard, Esq. In recent years the home medical equipment (“HME”) industry has actively sparred with the Federal Government (the “Government”) over the process and reimbursement of direct to patient care. Now the Government has moved their way up the HME chain, and instead of limiting their attention to HME entities involved in […]

Wednesday, February 14th, 2018
By: Denise M. Leard, Esq. In recent years, CMS has shifted its audit strategy. It has moved from a pay and chase model to a model in which it does not let the money out the door. In doing so, it has greatly increased the number of prepay audits it conducts. While a prepayment audit […]