Tag: Brown & Fortunato
Tougher enforcement, growing demand: DME suppliers face dual pressures
January 30, 2026Theresa Flaherty, Managing Editor
WASHINGTON – If it seems like the federal government is ramping up anti-fraud efforts, it’s not your imagination, says attorney Jeff Baird, chairman of the Health Care Group at Brown & Fortunato.
In addition to more aggressive audits coming from the usual alphabet soup of the Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) and its contractors, as well...
Shutdown could add ‘layer of complexity’ to Medicare competitive bidding timeline
October 3, 2025Theresa Flaherty, Managing Editor
WASHINGTON – As lawmakers on both sides of the aisle continue to dig in their heels, one of the big questions for HME stakeholders about the federal government shutdown: Will it delay the final rule on the next round of competitive bidding?
Based on historical timelines, stakeholders expect CMS to release the final rule, in theory, around Oct. 31.
“Does it help us?” said Cara Bachenheimer, head of the Government Affairs Practice at Brown & Fortunato, of the shutdown,...
Are you set up to accept EFT from Medicare?
July 22, 2024HME News Staff
LUBBOCK, Texas – Brown & Fortunato is advising HME providers to make sure they have downloaded and completed the current version of Medicare’s paper electronic fund transfer (EFT) form by July 24, 2024. In accordance with 42 CFR 424.510(e)(1), and Pub 100-08, Chapter 10, Section 10.6.10 of the Internet-Only Manuals, all providers must receive payments via electronic funds transfer. Providers that do not receive payments via EFT were notified in April of the impending deadline. If providers...
Q&A with Jeff Baird: What’s the impact of health care monopolies?
July 3, 2024Liz Beaulieu, Editor
AMARILLO, Texas – The Department of Justice’s new task force on health care monopolies and collusion is “absolutely warranted,” says attorney Jeff Baird, chairman of the Health Care Group at Brown & Fortunato.
The DOJ announced in May that it had formed a Task Force on Health Care Monopolies and Collusion (HCMC) within its Antitrust Division to guide its enforcement strategy and policy approach, including by facilitating advocacy, investigations and, where warranted,...
Physicians, platforms & supplies: ‘It’s a gray area’
June 23, 2023Liz Beaulieu, Editor
YARMOUTH, Maine – The unwinding of the public health emergency and the increasing number of platforms that allow physicians to manage the distribution of medical supplies for their patients have complicated the Medicare market for providers, says health care attorney Jeff Baird.
During the public health emergency, which stretched from March 2020 through much of April 2023, some physician groups took the position that blanket waivers to the Stark law allowed them to mail supplies to...
M&A: Get your stories straight
March 29, 2023Theresa Flaherty, Managing Editor
DALLAS – While uncertainty in the broader economy has caused a slowdown in M&A, when buyers and sellers know what they want, deals are getting done, said experts at Medtrade on Tuesday.
“Why do you want to transact?” asked Brad Smith, managing director/partner at Vertess. “Why do you want to buy or sell? (If you’re selling), give a buyer enough information so they can make an educated decision. Make it a conversation. Have calls; get to know these people.”
Smith...
Brown & Fortunato opens Dallas office
September 8, 2021HME News Staff
AMARILLO, Texas – Brown & Fortunato has opened an office in Dallas to offer greater accessibility to clients and enhance its ability to provide legal services with a focus on the health care, construction and energy sectors. Brown & Fortunato has extensive experience representing DME providers, pharmacies, infusion companies, labs, manufacturers and other health care providers in regulatory compliance, licensure, program enrollment, reimbursement and administrative appeal matters. It also has...
Legal Update: Monitor recall guidance
August 18, 2021Kelly T. Custer
Q. What should I do in the wake of the Philips recall?
A. On June 14, 2021, Phillips Respironics announced a voluntary recall for certain devices used to treat obstructive sleep apnea (OSA), including continuous positive airway pressure (CPAP), bi-level positive airway pressure (BiPAP) devices and mechanical ventilators. This has resulted in patients being required to wait a number of months, if not longer, for their Respironics devices to either be replaced or repaired. Because of this...
Legal Update: Document everything
July 7, 2021Kelly T. Custer
Q. What do I need to know about the updated requirements for Provider Relief Funds?
A.Suppliers across the country were pleasantly surprised with the release of updated reporting requirements and deadlines in connection with funds received from the CARES Act Provider Relief Fund (PRF).
With the prior July 1 deadlines looming, suppliers had been increasingly concerned with the reporting burdens and the amount of time available to gather final data and complete the submissions and...
Legal Update: Know your waivers
June 8, 2021Kelly T. Custer
Q. What waivers related to the public health emergency do I need to keep track of?
A. On April 15, 2021, the U.S. Department of Health and Human Services (HHS) extended the public health emergency (PHE) for another 90 days, meaning the PHE will last until at least July 19, 2021. This PHE is expected to continue through at least the end of 2021. This is important news to HME providers since numerous waivers and flexibilities will continue to remain in place at a federal level during the duration...