DMEPOS Final Rule

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In the March 14, 2012 Federal Register (77 Fed. Reg. 14989), CMS published a final rule that modifies certain of the DMEPOS supplier standards set forth at 42 C.F.R. Section 424.57(c) (commonly referred to as the “Supplier Standards”). The final rule, effective April 13, 2012, implements the April 4, 2011 proposed rule (76 Fed. Reg. 18472) without modification. In particular, the 2012 final rule makes the following changes:

• Removes the definition of “direct solicitation” and limits the supplier solicitation prohibitions to telephone contact;

• Allows suppliers to contract with licensed agents to provide DMEPOS supplies, unless such contractual arrangement is prohibited by State law;

• Removes the requirement for compliance with local zoning laws;

• Modifies certain state licensure requirement exceptions for orthotic and prosthetic professionals; and

• Clarifies that physical and occupational therapists are exempt from the requirement to be open 30 hours per week.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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