The four Durable Medical Equipment (DME) Medicare Administrative Contractor (DME MAC) medical directors have issued a joint open letter to physicians warning about "various marketing schemes" perpetrated by DME suppliers. Such methods cited by the DME MACs in a March 5, 2014 "Dear Physician" letter include unsolicited orders for medical equipment or supplies; advertisements that Medicare will provide the doctor with payment for patient referrals; or pre-completed medical necessity forms with instructions to just "Sign and Date Here." The DME MACs note that doctors "are under no obligation to support or justify these supplier solicitations," or to sign orders for items not initiated by the doctor or that were provided by the supplier without prior consultation. The letter suggests that physicians review the patient's medical record before signing orders, and view with skepticism unsolicited orders for patients no longer in their care or who have not been seen in a long period of time. Physicians should document in the patient's medical record the medical justification for any DME ordered. The letter also asks doctors to report suspected abuse to the OIG, which we note has long-standing concerns about DMEPOS supplier marketing practices. Particularly in light of tightened CMS requirements related to physician documentation of DMEPOS orders, the DME MACs' open letter provides another reminder for suppliers to review their policies and practices in this area.
This article is presented for informational purposes only and is not intended to constitute legal advice.
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