In the news: CMS issues restrictions on physicians’ handling of DMEPOS

In addition to the Stark and anti-kickback rules that already govern physicians’ relationships with providers of durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS), CMS has recently issued further restrictions on these relationships. Although it does not prohibit these relationships, physicians must be sure to abide by these rules:

• The title to the DMEPOS shall be transferred to the enrolled physician, non-physician practitioner, or other health care professional’s practice at the time the DMEPOS is furnished to the beneficiary
• The physician, non-physician practitioner, or other health care professional’s practice shall bill for the DMEPOS supplies and services using their own enrolled DMEPOS billing number
• All services provided to a Medicare beneficiary concerning fitting or use of the DMEPOS shall be performed by individuals being paid by the physician, non-physician practitioner, or other health care professional’s practice, not by any other DMEPOS supplier
• The beneficiary shall be advised that if they have a problem or questions with the DMEPOS they should contact the physician, non-physician practitioner, or other health care professional’s practice, not the DMEPOS supplier
• The National Supplier Clearinghouse Medicare Administrative Contractor (NSC-MAC) shall verify that no more than one DMEPOS supplier shall be enrolled and/or located at the same practice location. (Note: This prohibition does not exist for one or more physicians enrolled as DMEPOS suppliers at the same physical location.)
• The NSC-MAC shall verify that each practice location shall have a separate entrance and separate physical address, recognized by the United States Postal Service.