In This Issue
Call for Nominations
Final Rule on Supplier Standards
CMS Announces Prior Authorization of PMDs


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CAMPS 2012 Annual Convention
March 15-16, 2012

 
California HME Update
Call for Nominations for the 2012-2013 CAMPS Board of Directors
 

The CAMPS 2012-2013 Board of Directors Elections will begin by taking nominations of interested parties by no later than April 20. The election is done by ballot, which voting members should receive in the first part of May with all ballots due back to the CAMPS office on or before May 31.

 

Six board positions will be up for election to a two-year term. If you are interested in being placed on the ballot, please submit your interest to the CAMPS office by the April 20 deadline with a bio and brief statement on what you think qualifies you to serve on the board.

 

 

The CAMPS Nominating Committee requests your assistance. As a member of the California Association of Medical Product Suppliers, you are in a special position to assist CAMPS' Nominating Committee in preparing a list of nominees for the 2012-13 Board of Directors election. If an individual should be considered for nomination to the CAMPS Board of Directors, we want to hear from you!

 

The membership elects directors from throughout the state, but the Nominating Committee does try to maintain a balance between different segments of the industry and geographic location, so those factors will be considered to determine the final candidate listing.

 

If elected, it will be to a two-year term. There are six open Director positions.

 

Elections will take place by ballot. Each member eligible to vote will receive a ballot the first part of May and must complete and return the ballot post marked by May 31.

 

If you would like to offer names for consideration or have any questions, please contact Gloria Peterson, CAMPS Staff, at (916) 443-2115 ext. 104 NO LATER THAN APRIL 20. Thank you for your input. 


Final Rule on Supplier Standards Addresses Phone Contact and Subcontracting

Today, CMS published a final rule in the Federal Register that removes the definition of "direct solicitation" from the DMEPOS supplier standard. It also allows home medical equipment providers, including competitive bidding contract suppliers, to contract with licensed agents to provide HME, unless prohibited by state law, and removes the requirement for compliance with local zoning laws, and modifies certain state licensure requirement exceptions.

The rule removes the definition of "direct solicitation" to clarify that the prohibition on suppliers unsolicited contacts of beneficiaries applies to telephone communications. The final rule reinstates previous regulations that prohibit suppliers from calling a beneficiary unless the beneficiary has given "written" consent to the telephone contact.

Under the final rule, a supplier may not make an unsolicited telephone contact with a beneficiary unless one of the three following exceptions applies:
  • The individual has given written permission to the supplier to contact them by telephone concerning the furnishing of a Medicare-covered item that is to be rented or purchased.
  • The supplier has furnished a Medicare-covered item to the individual and the supplier is contacting the individual to coordinate the delivery of the item.
  •  If the contact concerns the furnishing of a Medicare-covered item other than a covered item already furnished to the individual, the supplier has furnished at least one covered item to the individual during the 15-month period preceding the date on which the supplier makes such contact.

Numerous commenters requested that CMS clarify that contacting the beneficiary to coordinate the delivery of DME based on a doctor's order or prescription would not constitute an unsolicited telephone communication in violation of the standards.

 

CMS declined to make this clarification explicit in its response to the comments.  Instead, CMS direct suppliers to previously issued FAQs on its interpretation of the telemarketing prohibition under the supplier standards. The FAQs, however, no longer address this specific question, creating uncertainty about how CMS intends to apply the standards in cases where the supplier contacts the beneficiary to coordinate delivery of DME based on a physician's order.

 

The Agency stated that it would engage in "significant" outreach to the supplier community before and after  the implementation of the rule, including updates to the CMS FAQs. The rule is effective April 13, 2012.  

 

The final rule also modifies the subcontracting rules under the supplier standards to allow suppliers to subcontract for a licensed service unless subcontracting would be "expressly prohibited" by state law.

 

Click here to view the Federal Registry.

 

 

 
CMS Announces the Prior Authorization of Power Mobility Devices (PMDs) Demonstration and the Recovery Audit Prepayment Review Demonstration

On November 15, 2011 Centers for Medicare and Medicare (CMS) announced three demonstration projects that aim to strengthen Medicare by eliminating fraud, waste, and abuse.  Reductions in improper payments will help ensure the sustainability of the Medicare Trust Funds and protect beneficiaries who depend upon the Medicare program.

 

CMS is pleased to announce that the Prior Authorization of Power Mobility Devices (PMDs) Demonstration and the Recovery Audit Prepayment Review Demonstration which were delayed from their initial January 1, 2012 start date are expected to move forward on or after June 1, 2012.   

 

For additional information on these demonstrations please visit http://go.cms.gov/cert-demos.

 

These demonstrations will begin after receipt of a paperwork reduction act (PRA) Office of Management and Budget (OMB) control number. The CMS posted a PRA notification from these demonstrations on February 3, 2012 at http://www.cms.gov/PaperworkReductionActof1995/PRAL/list.asp.

 

The CMS significantly revised the Prior Authorization of PMDs demonstration in response to provider and supplier concerns. For more information on the adopted changes please visit http://go.cms.gov/PAdemo.

 

The Part A to Part B Rebilling Demonstration began on January 1, 2012.