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I don't think anyone has the answers yet. Just today, I received data from a patient who is trying hard to be successful, but she is three months in and hasn't met Medicare's compliance standards. Am I going to take her device away from her? No, because she sincerely wants to be compliant.
In answer to some of your questions, I think all the risk falls on the DME. In order for me to get paid, the patient not only has to meet the compliance standards within three months, but must also have a face to face follow-up with the prescribing doctor so that the doctor can confirm compliance, not me. What happens when a patient is compliant and successful, but they don't get around to seeing their doctor till the 92nd day?
No matter how good a DME is, there will always be some non-compliant patients. I understand the intent of the new regulations, but the unintended results can be devastating to both patient and DME.
Rock Hinkle, until this year all a DME supplier had to provide as proof regarding patient compliance was a form letter filled in and signed by the patient that they were using their xPAP at least 4 hours a night and at least 5 nights a week. That's why so many xPAPs were being paid for as they sat in the closet on the floor. That is all I ever had to provide. My DME supplier never did a download of my data.
Sandra,
This is only a Medicare issue, so it does not apply to your child's BiPAP, although when Medicare makes changes to their rules that allow claims to be denied, I wouldn't be surprised if private insurance companies also adopted similar rules.
Rock,
Subcontractor? Not sure what you mean. SomniHealth is licensed directly with Medicare, so I am bound by their regulations when dealing with Medicare patients. Protection for the DME? None, zero, nada. In addition to the new compliance regulation, there is also a new regulation that all Medicare providers must provide a surety bond of at least $50,000. This is part of Medicare's efforts to prevent fraud, but it is a huge extra burden for a small provider like SomniHealth. Also, I don't see the connection to ResMed's profits at all. Yes, more and more CPAPs are being sold, but it is becoming harder and harder for a small DME to make a profit. I don't place an order with ResMed for 50 CPAPs at a time. I have to pay more per CPAP than a large scale national provider does.
Mike,
I fail to see how these regulations will favor SomniHealth in the long term. Perhaps you mean that less caring providers will simply stop accepting Medicare patients, theoretically driving more business to SomniHealth, or that other competitors will go out of business because they are not getting paid for devices they had to purchase from the manufacturers. Both scenarios seem kind of grim to me, since I think patient care will suffer when there is less choice and fewer providers accepting Medicare.
Judy,
Your explanation matches my understanding of the new regulations.
Daniel
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