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Brown & Fortunato

AAH taps Bachenheimer for general counsel

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05/10/2018

WASHINGTON – AAHomecare has retained Brown & Fortunato to provide a range of legal and advisory services.

Legal: Tread lightly with telehealth prescriptions

Q. Can my patients obtain a prescription based on a phone call with a prescribing practitioner that my company or a third-party marketing company pays for?
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04/23/2018

A.  There is a good chance the prescription issued will not be valid, and the payment for the telehealth encounter could be problematic under an anti-kickback statute.     

Legal: Don’t run afoul of statute

Q. My patients need a qualifying test and a physician interpretation of that test in order to obtain a prescription for an item. Can I pay for all or part of the cost of the test or the interpretation?
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04/23/2018

A.  It depends on how the item will be paid for and where the patient lives, but for most patients this would not be acceptable.

Bachenheimer on the good fight

‘This industry has so much potential,’ says long-time industry advocate
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03/30/2018

WASHINGTON ­– Cara Bachenheimer has a new gig that allows her to double-down on her efforts advocating for the HME industry.

In brief: Noridian named new SMRC contractor, Bachenheimer opens DC office for Brown & Fortunato

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03/23/2018

FARGO, N.D. – Noridian Healthcare Solutions has been awarded a $227 million Supplemental Medical Review Contractor (SMRC) contract by CMS. The primary role of the SMRC is to conduct nationwide medical review of Part A, Part B and DME providers as directed by CMS.

Bachenheimer opens DC office for Brown & Fortunato

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03/23/2018

WASHINGTON – Cara Bachenheimer, a long-time advocate of the HME and complex rehab industries, is opening up a Washington, D.C., office for Amarillo, Texas-based Brown & Fortunato.

Legal: Don’t violate payer contracts

Q. I am not in network with a certain third-party payer. Can I enter into a subcontract agreement with another DME supplier that is in network with that payer?
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02/27/2018

A.  This is probably not a good idea.

Legal: Mind the threshold

Q. Can I pay a lead generation company for leads?
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01/25/2018

A.  Yes, but the appropriate payment terms will depend on the nature of the leads.

Single-source contract ‘promotes favoritism’

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08/28/2017

AMARILLO, Texas – HME providers in Texas have solid ground to stand on when it comes to their criticism of a new Medicaid contract that makes Medline a single-source provider of 244 DME supplies, says an industry attorney.

Overpayments: Create culture of compliance

Q. What is the best remedy for overpayment problems?
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08/22/2016

A. In previous columns, I discussed how the 60-day overpayment rule presents a myriad of problems and questions that are sometimes difficult for an HME supplier to identify and address.

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