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Home Health & Hospice Week

Industry Notes:

CMS Delays Expansion Of DME Direct Solicitation Ban

Published on Fri Jan 28, 2011

CMS is holding off on its expansion of the direct solicitation ban for durable medical equipment, noted CMS's John Spiegel in the Jan. 19 Open Door Forum for home care providers. In an Aug. 27, 2010 final rule, CMS expanded the direct solicitation ban from phone calls to in-person contacts, e-mails, and instant messaging. "Unanticipated issues" have arisen regarding implementation of the newly expanded portions of this provision, Spiegel related. While CMS investigates "to determine the best way to apply these changes ... CMS does not intend to instruct Medicare contractors to implement the expanded provision." In any case, the ban doesn't apply to consignment closet arrangements, a CMS official noted in the forum.
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