Time to sue?

Friday, April 26, 2013

I check your website daily and greatly appreciate the information and insight HME News shares about our industry.

In reading about the additional 2% reduction in competitive bidding reimbursement rates, as a result of the sequester, I found myself questioning why I haven’t seen tremendous backlash at what is, very simply, a violation of simple contract law (See related story on page 8)?

As well, doesn’t this set up an incredibly dangerous precedent? If CMS can accept a binding contract, with set reimbursement amounts within that contract and then simply change those amounts by 2%, what is to prevent any federal agency from doing the same thing? They can change those amounts by whatever arbitrary amount they wish?

Is it time to attempt a class action lawsuit against CMS for breaking its own contract?

Thank you so much for your time. Please keep doing what you all do so well. It is so important—not just to those of us that work in the industry, but to all of the clients (and their families) we do our best to serve. 

—Alexander S. Hicks, Sr., general manager, Evercare Medical Solutions, Inc., 

La Grange, Ky.