Jeffrey Baird
AttorneyBrown & FortunatoJeffrey S. Baird, Esq., is Chairman of the Health Care Group at Brown & Fortunato, a law firm with a national health care practice based in Texas. He represents pharmacies, infusion companies, HME companies, manufacturers, and other health care providers throughout the United States. Mr. Baird is Board Certified in Health Law by the Texas Board of Legal Specialization and can be reached at (806) 345-6320 or [email protected].
CB01: Overview of the Final Rule Competitive Bidding Changes
The Medicare Competitive Bidding program (“CBP”) was a disaster when it was rolled out years ago. And then it went dormant for several years. Now it i…The Medicare Competitive Bidding program (“CBP”) was a disaster when it was rolled out years ago. And then it went dormant for several years. Now it is back. In late 2025, CMS brought the CBP back to life with a final rule that makes negative changes…The Medicare Competitive Bidding program (“CBP”) was a disaster when it was rolled out years ago. And then it went dormant for several years. Now it is back. In late 2025, CMS brought the CBP back to life with a final rule that makes negative changes to an already flawed program. This new version appears to be solely designed to (i) reduce Medicare payment amounts and (ii) reduce the number of suppliers that can serve Medicare beneficiaries. CMS is changing the next round of bidding to include product categories never previously included, only move forward in the next round with national “remote item delivery” items, and change many other aspects of the program. This program will (i) provide the information DME suppliers need to know about the restructured program, (ii) discuss the more challenging aspects of the program, (iii) suggest steps suppliers should take to navigate the CBP, and (iv) predict the future of the CB program. Learning Objectives: Understanding requirements as set forth in the Final Rule Published November 2025, including: Lead item bidding Contract awards Bid ceiling Capacity and demand CGM/Insulin Pumps Medical supplies inclusion RID CBPsShow MoreClick the title to see all details
CB06: Overview of the Final Rule Competitive Bidding Changes
The Medicare Competitive Bidding program (“CBP”) was a disaster when it was rolled out years ago. And then it went dormant for several years. Now it i…The Medicare Competitive Bidding program (“CBP”) was a disaster when it was rolled out years ago. And then it went dormant for several years. Now it is back. In late 2025, CMS brought the CBP back to life with a final rule that makes negative changes…The Medicare Competitive Bidding program (“CBP”) was a disaster when it was rolled out years ago. And then it went dormant for several years. Now it is back. In late 2025, CMS brought the CBP back to life with a final rule that makes negative changes to an already flawed program. This new version appears to be solely designed to (i) reduce Medicare payment amounts and (ii) reduce the number of suppliers that can serve Medicare beneficiaries. CMS is changing the next round of bidding to include product categories never previously included, only move forward in the next round with national “remote item delivery” items, and change many other aspects of the program. This program will (i) provide the information DME suppliers need to know about the restructured program, (ii) discuss the more challenging aspects of the program, (iii) suggest steps suppliers should take to navigate the CBP, and (iv) predict the future of the CB program. Learning Objectives: Understanding requirements as set forth in the Final Rule Published November 2025, including: Lead item bidding Contract awards Bid ceiling Capacity and demand CGM/Insulin Pumps Medical supplies inclusion RID CBPsShow MoreClick the title to see all details
LEG01: One Big Beautiful Bill: Impact on Medicaid Programs and DME Suppliers
On July 4, 2025, President Trump signed into law the One Big Beautiful Bill (“Bill”). The 870-page bill covers almost ever component of the economy an…On July 4, 2025, President Trump signed into law the One Big Beautiful Bill (“Bill”). The 870-page bill covers almost ever component of the economy and extends many of the taxpayer-friendly provisions of the Tax Cuts and Jobs Act , passed in Presiden…On July 4, 2025, President Trump signed into law the One Big Beautiful Bill (“Bill”). The 870-page bill covers almost ever component of the economy and extends many of the taxpayer-friendly provisions of the Tax Cuts and Jobs Act , passed in President Trump’s first term. The Bill significantly alters Medicaid by, among other provisions, reducing federal Medicaid spending by an estimated $911 billion over 10 years, largely through coverage losses. A result is a projected additional 11.8 million Americans becoming uninsured by 2034. The Bill includes provisions that will likely make it more difficult to enroll and maintain Medicaid coverage. Additionally, the Bill makes it more difficult for states to raise Medicaid funds through provider taxes. The anticipated cuts in Medicaid funding will (i) directly affect DME suppliers that serve Medicaid patients and (ii) indirectly affect all DME suppliers. This program will (i) summarize the elements of the Bill and (ii) then pivot to discussing the provisions of the Bill that impact state Medicaid programs. The program will focus on how the Bill will (i) directly impact DME suppliers that serve Medicaid patients and (ii) indirectly impact all DME suppliers. Lastly, the program will discuss steps that DME suppliers can take to operate within the confines of the Bill. Learning Objectives: Understand the provisions of the Bill that apply to state Medicaid programs. Recognize how the Bill will impact state Medicaid programs and DME suppliers. Learn the steps DME suppliers can take to prepare for cuts in Medicaid spending.Show MoreClick the title to see all details
LEG03: Fair Market Value: Why it is Important and How to Calculate
The determination of fair market value (“FMV”) is critical for the protection of the DME supplier. For example, if a referral source (physician, hospi…The determination of fair market value (“FMV”) is critical for the protection of the DME supplier. For example, if a referral source (physician, hospital, long term care facility, etc.) refers federal health care program (“FHCP”) patients to the supp…The determination of fair market value (“FMV”) is critical for the protection of the DME supplier. For example, if a referral source (physician, hospital, long term care facility, etc.) refers federal health care program (“FHCP”) patients to the supplier, and the supplier desires to compensate the referral source for legitimate services, the arrangement needs to comply with the Personal Services and Management Contracts (“PSMC”) safe harbor to the federal anti-kickback statute (“AKS”). An important element of the safe harbor is for the compensation to be the FMV equivalent of the referral source’s services. The PSMC is also applicable when a DME supplier desires to compensate a 1099 independent contractor for marketing services. If a DME supplier desires to contract with a referring physician to be the supplier’s Medical Director, the arrangement must comply with the Personal Services exception to the federal physician self-referral statute (“Stark”). This exception contains the FMV requirement. As a final example, the concept of FMV enters the picture when an owner of a DME supplier is preparing the company for sale. This program will discuss the multiple ways that an FMV analysis can (i) protect a DME supplier from allegations of fraud and (ii) provide valuable information to the parties to a sale transaction. Equally as important, this program will discuss, in a “nuts and bolts” format, how FMV can be calculated.Show MoreClick the title to see all details
