For those DMEPOS suppliers struggling to comply with the new and revised supplier standards that became effective September 27, 2010, CMS offers some relief. CMS acknowledged that certain changes to these new rules were needed to provide clarity and to account for “the realities that certain suppliers confront as they attempt to provide quality care and maintain access for beneficiaries.” CMS published proposed regulations, “Medicare Program; Revisions to the Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Suppliers Safeguards [PDF]” on April 4, 2011, that would further modify a few of the September 27th rules:

- Direct Solicitation: CMS noted the criticism that the current definition of “direct solicitation” is overly broad and has proposed to revert back to the prohibitions on telephone solicitation that were in effect prior to the September 27th changes, rather than enforce the new rules. In the interim period until this regulation is finalized, CMS has instructed its contractors to require compliance to the prior telephone solicitation restrictions...