Compliant DMEPOS Telemarketing - Foley & Lardner LLP

More documents

Recommendations

Info

June 2011 56 Table 1: DMEPOS Medicare Telemarketing and Beneficiary Solicitation Telemarketing Situation Allowed Under Telemarketing Rules? A physician sends the supplier a work order for a new patient. The patient is informed that a supplier will contact him, but does not sign a written permission form. The supplier then calls the patient. A physician sends the supplier a work order for a new patient and checks a box attesting that the patient has given written permission to contact. The supplier then calls the patient. A physician sends the supplier a work order for a new patient, along with the patient’s signed written permission to contact. The supplier then calls the patient. A physician sends the supplier a work order for a new patient, along with the patient’s signed written permission to contact. The order is for home oxygen equipment. The supplier calls the customer and promotes/discusses other items (e.g., ventilator or respiratory assist devices). A potential customer sees the supplier’s television commercial and places a call to a third-party vendor handling responses to the commercial. The vendor then transfers the patient to the supplier (i.e., a warm transfer). A potential customer finds the supplier’s Internet site and completes an online form asking the supplier to contact him. The supplier then calls the customer. A potential customer finds the supplier’s Internet site and completes an online form asking the supplier to contact him. Although there are a number of possible areas of interest, the customer only checks the “wound care” box as his interest. The supplier calls the customer and promotes/ discusses other non-wound care items (e.g., crutches and ambulatory equipment). A potential customer sees the supplier’s television commercial and places a call to the supplier, leaving a voicemail message. The supplier then calls the customer the next day. A hospital care coordinator sends the supplier an enrollment form for the patient to coordinate the patient’s discharge orders. The patient previously gave the hospital written permission or the patient signs the form to give permission for a supplier to contact him. The supplier then calls the patient. No, because the current regulations require the beneficiary’s written permission. Under the proposed rule, this would be allowed. Yes, but only if the beneficiary actually gave written permission. Because the supplier does not know whether or not the beneficiary actually gave written permission, this situation presents a high level of risk and is not recommended. Under the proposed rule, this would be allowed, but the proposed rule does not require the patient to give written permission. Yes, because the beneficiary gave written permission. Under the proposed rule, this would be allowed, but the proposed rule does not require the patient to give written permission. No, because the scope of consent was limited only to those items in the physician order. If this is the first contact ever made by the supplier to the beneficiary, the supplier may not attempt to solicit the purchase of additional covered items. After the supplier provides the covered items to the beneficiary, the supplier may then promote additional products. Yes, because the beneficiary initiated contact. Yes, because the beneficiary initiated contact. The supplier should verify that the language of the online consent is adequate. Also a two-step process (e.g., two clicks to submit) is advised to guarantee the customer’s willful consent and to serve as an online signature. No, because the beneficiary gave consent only to wound care supplies. If this is the first contact ever made by the supplier to the beneficiary, the supplier may not attempt to solicit the purchase of additional covered items because the supplier only had permission to contact the beneficiary regarding the particular covered items ordered. After the supplier provides the covered item to the beneficiary, the supplier may then promote additional products. Yes, because the beneficiary initiated contact. Yes, because the beneficiary gave written permission. Under the proposed rule, this would be allowed, but the proposed rule does not require the patient to give written permission. Health Care Compliance Association • 888-580-8373 • www.hcca-info.org
Table 1 continued Telemarketing Situation Allowed Under Telemarketing Rules? A hospital care coordinator sends the supplier an enrollment form for the patient to coordinate the patient’s discharge orders. The patient is informed that his care is being coordinated through the supplier, but has not given any written permission. The supplier then calls the patient. A DMEPOS manufacturer receives an order from a physician, with the proper patient written permission. After calling the patient, the manufacturer determines it does not provide the items directly to patients, so the manufacturer sends the order to the supplier. The supplier then calls the patient. A DMEPOS manufacturer receives a call from a patient asking about how to get the manufacturer’s DMEPOS supplies. The manufacturer then transfers the patient to the supplier (i.e., a warm transfer). The supplier hosts a health fair or community event. A potential customer visits the event and gives his information on a written card, giving permission for the supplier to contact him. After the event, the supplier calls the customer. The supplier hires a third-party vendor to use door-to-door salespeople to reach out to beneficiaries. The supplier mails a card to a large number of potential customers who are Medicare beneficiaries. After receiving the card, a potential customer places a call to the supplier. The supplier mails cards to a group of potential customers who are Medicare beneficiaries. A potential customer fills in his phone number and mails back the card, indicating his interest in being contacted about the supplier’s services. The supplier then calls the customer. No, because the current regulations require the beneficiary’s written permission. The Preamble to the regulations explains that, if hospital staff obtain a patient’s written consent, the hospital may order supplies on the patient’s behalf. The patient’s written permission need not be on the enrollment form itself, but could be on another document. Under the proposed rule, this would be allowed because the proposed rule does not require the patient to give written permission. Yes, this is potentially allowed because the beneficiary gave written permission. However, it depends on the scope of that permission. If the permission form allows phone contact by “a supplier,” it is probably acceptable. If the permission form allows a call only by the particular manufacturer, the supplier should not call the patient. Yes, because the beneficiary initiated contact. Yes, because the beneficiary gave written permission. In addition, health fairs and community events are permissible methods of beneficiary contact. No, because under the current regulations, CMS expanded the telemarketing and beneficiary contact restrictions to include in-person contact. The proposed rule deletes this restriction. Yes, this is probably allowed because the beneficiary initiated contact and the supplier’s contact was sent by mail to a large number of customers. CMS’ 2011 FAQs state that “targeted mailings to specific beneficiaries are prohibited,” but that “general mass advertising through the post office” is allowed.” However, neither the regulation nor the statute expressly encompass direct mail and CMS has not explained the basis for its authority to expand the Telemarketing Statute into direct mailings. There are arguments that the telemarketing rules should not apply to direct mailings. The proposed rule deletes this restriction. Yes, this is probably allowed because the beneficiary initiated contact and the supplier’s contact was sent by mail. A customer signature field on the card, if not per se required, is a best practice and the recommended approach. The supplier should ensure the customer signed the card before telephoning the customer. Health Care Compliance Association • 888-580-8373 • www.hcca-info.org 57 June 2011
Page 1 and 2: Meet Danna Teicheira, System Privac
Page 3: Rules for DMEPOS telemarketing and
Page 7: DMEPOS advertisements in Internet,

Compliant DMEPOS Telemarketing - Foley & Lardner LLP

Create successful ePaper yourself

Delete template?

Save as template?