By: Jeffrey S. Baird, Esq. The U.S. Department of Justice (“DOJ”) and the Office of Inspector General (“OIG”) have become much more aggressive in bringing civil and criminal investigations against DME suppliers and their owners. Many investigations are a result of qui tam (whistleblower) lawsuits. This is when a disgruntled ex-employee, disgruntled current employee, or […]
ELIZABETH H. JEPSON Introduction The HME industry is young. In its present form, it has been around for about 40 years. Compare this to physicians, hospitals and pharmacists who have been around for thousands of years. The industry grew up relatively unregulated. Government agencies did not know what we did. And then approximately seven years […]
(October 2013) The HME industry today is a totally different animal from yesterday. The industry has matured, technology has progressed, and demand is increasing exponentially. The flip side is that the industry has been hit with breathtaking legislative and regulatory changes. In order to succeed, many suppliers are entering into strategic alliances and business arrangements. […]
(September 2013) In late August, CMS published the following announcement regarding “abandonment” of patients: MLN Connects Provider eNews 08/22/13 Replacement of Home Oxygen Services in the Event that a Supplier Exits the Medicare Oxygen Business Effective immediately, CMS will allow for the replacement of oxygen equipment in cases where a supplier exits the Medicare oxygen […]
(August 2013) Most acquisitions are “asset” acquisitions although I am seeing an increase in “stock” acquisitions. Assume that John Smith owns XYZ Medical Equipment, Inc. (“XYZ”). Assume that Smith desires to sell XYZ to Mary Jones, individually, or to a legal entity (e.g., ABC Medical Equipment, Inc. (“ABC”)) owned by Jones. Asset Purchase In an […]
(July 2013) In prior Medtrade Monday articles, I have written about the fact that the CMS contractors (e.g., NSC, ZPICs) are focusing on whether DME suppliers are calling Medicare beneficiaries in violation of the telephone solicitation statute and Supplier Standard # 11. If the NSC concludes that such a violation is occurring, then it may […]
(July 2013) Let me make this clear: CMS does not like it when DME suppliers call Medicare beneficiaries. A CMS official once said to me: “We don’t want DME suppliers calling our beneficiaries.” The concern is that an elderly person….who does not feel well…..can be taken advantage of over the phone by an unscrupulous supplier […]
