Durable medical equipment suppliers that haven't sent out their grandfathering notice -- whether for or against -- are out of compliance with Medicare requirements. If suppliers furnish any of the bid items in the nine bid areas, Medicare required them to send notices to patients by Nov. 17, CMS said in a notice e-mailed to suppliers on Nov. 16. Suppliers either had to inform beneficiaries of their intention to "grandfather" the items, or give 30-day notice of their intention to pick up the items if they were not willing to furnish them via grandfathering. Plus: Suppliers that do not opt for grandfathering must also issue a 10-day and two-day notice that they aren't going to do so and will pick up the equipment, CMS adds in the message.