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The Legal Landscape for HMEs and Sleep Labs

Jeffrey Baird, Esq., is a board-certified health care law attorney with Brown & Fortunato in Amarillo, Texas. In his experience, Baird hasn’t seen too many sleep labs selling or leasing CPAPs, or many owned by the same owner. Where he does see growth is in the number of labs trying to enter into relationships with independently owned HMEs: “That results in their competitors, other HMEs, getting cut out of the loop.”

Funding Focus

Collecting Private Pay Accounts

The Centers for Medicare & Medicaid Services’ (CMS) final rule, mandating transfer of title of all oxygen equipment to the beneficiary at the end of 36 months (or possibly 13 months if Congress approves the president’s budget), should cause providers to pause and rethink their current process for collecting the patient financial portion. Comments in the final rule, in fact, state that patient costs contributed to the development of the equations used to calculate the formulas for payment methodology. CMS has clearly established that the provider has a reasonable expectation to be paid.



Legal Speak

Compliance Housekeeping in 2007

As the New Year begins, it is worthwhile to review your operations to incorporate new compliance requirements into your business and to anticipate changes that lie ahead. The new requirements include new supplier standards and the accreditation requirement, and changes to oxygen and capped rental equipment reimbursement under the Deficit Reduction Act of 2005 (DRA). The Office of Inspector General (OIG) also issued several Advisory Opinions in 2006 that are directly applicable to suppliers. Finally, of course, all suppliers are waiting with some consternation for the final rule on competitive bidding, which remained unpublished as of press time.

Spotlight on Asthma

Child-Friendly Nebulizers

A growing trend in the asthma market is the development of child-friendly nebulizers. These are standard nebulizers on the inside, but on the outside they are shaped to appeal to young children. Two manufacturers leading this trend are Medquip and Graham-Fields’s John Bunn line of products.

Funding Focus

Do You Really Expect Me to Pay for This?

If you ask any person who has to collect accounts receivables whether they would rather collect from an insurance company versus a patient or family member, odds are they will choose the insurance company every time. Collecting for medical expenses is tough. Products and services provided by those in the HME industry are not something generally found on a Christmas or birthday wish list.

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