Another Win for DME Suppliers – TRO Against Recoupment of Money

August 25, 2018
AMARILLO, TX – 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 Tempora

Fighting Sole Source Contracts:  Lessons from Illinois

August 18, 2018
AMARILLO, TX – Over the past 10 years, DME suppliers have focused their attention on the Medicare and Medicaid fee-for-service (FFS) programs. On the Medicare side, suppliers have had to deal with competitive bidding, aggressive auditors, reduc

Sales Tax and New Supreme Court Decision

August 10, 2018
AMARILLO, TX – It is common for a DME supplier to sell products to customers residing in other states. In doing so, the supplier needs to address whether it has the obligation to collect sales tax. Up to now, many suppliers relied on two United

Lease Between Hospital and DME Supplier

August 4, 2018
AMARILLO, TX – This article discusses how a lease arrangement between a hospital (“Hospital”) and a DME supplier (“DME Supplier”) can be structured so that it does not violate either the federal Anti-Kickback Statute (“AKS”) or the

Competitive Bidding and “Any Willing Supplier”

July 29, 2018
AMARILLO, TX – As has been widely discussed in the trade press, including recent Medtrade Monday articles, the current Competitive Bidding (“CB”) Round One 2017 and Round Two Recompete will terminate on Dec 31, 2018. The next round of CB wi

Competitive Bidding – The “Gap Period” and the Next Round

July 20, 2018
AMARILLO, TX – Until last week, the DME industry was unsure regarding the next round of competitive bidding (“CB”). The existing Round One 2017 and Round Two Recompete contracts will terminate on December 31, 2018. And while, historically,