Switching Suppliers – New Physician Order Not Required

April 3, 2017
 AMARILLO, TX – Up to now, the Medicare Program Integrity Manual (“MPIM”), Chapter 5, § 5.2.7 has required a new physician order “when there is a change in the supplier.” This requirement resulted in hardship to Medicare benef

Loan Closets – Delivery of Product

March 27, 2017
AMARILLO, TX – Recently, the following question arose: Under a consignment arrangement (commonly referred to as a “loan closet” or a “stock and bill” arrangement) between a DME supplier and a hospital, does Medicare require that a DME s

HHS Won’t Meet Claims Backlog Deadline

March 27, 2017
WASHINGTON, DC – A March 7 Law360 article by Dani Kass confirms that the Department of Health and Human Services (HHS) will not be able to meet a court-imposed deadline to clear a backlog of Medicare billing appeals “unless it settles the cla

The Anti-Kickback Statute and Arrangements Between Commonly-Owned Companies

March 6, 2017
AMARILLO, TX – The Medicare anti-kickback statute (“AKS”) makes it a felony to knowingly and willfully offer, pay, solicit, or receive any remuneration to induce or reward referrals of items or services reimbursable by a federal health care

ALJ Backlog Relief – HHS Appeals Court Ruling

February 27, 2017
AMARILLO, TX – In prior articles, I discussed a U.S. District Court ruling that ordered the Department of Health and Human Services (“HHS”) to reduce the backlog of ALJ cases by 30% by the end of 2017, by 60% by the end of 2018, by

Paying Physicians – Guidance from Two Cases

February 20, 2017
AMARILLO, TX – Within certain legal parameters, a DME supplier can make payments to physicians. For example, if the supplier and physician enter into a legitimate Medical Director Agreement, then the supplier can make payments to the physician.