[SheilaS]

I'm wondering if anyone received the list serve today from CMS regarding the regs regarding phone solicitation
It states
In general A supplier of a covered item under this subsection may not contact an individual enrolled under this part by telephone regarding the furnishing of a covered item to the individual unless one of the following applies
The individual has given written permission to the supplier to make contact by telephone regarding the furnishing of a covered item orThe supplier has furnished a covered item to the individual and the supplier is contacting the individual only regarding the furnishing of such covered item or If the contact is regarding the furnishing of a covered item other than a covered item already furnished to the individual, the supplier has furnished at least one covered item to the individual during the 15 month period preceding the date on which the supplier makes such contact

So is the final say? I had heard that there was further discussion on this
Because if this holds true we can't even call the customer and arrange for initial delivery of an item or follow up on a rx received

[Regina]

I just attended a seminar given by Andrea Stark yesterday, and she addressed this issue.
Per an FAQ, CMS has stated that "suppliers may contact a patient based on the receipt of a physician order, IF the patient had been made aware that a supplier will be contacting them regarding the prescribed DME".
The key is that the patient must understand their physician will contact a DME supplier on their behalf. Also, initial calls may only be made in relation to the prescribed item, and may NOT be used to solicit sales for other DME.
If a supplier calls a patient based solely on a physician order and the patient had no knowledge that their physician would even contact a supplier, the call would be considered unsolicited.
Suppliers may collect and maintain documentation from the physician showing that the patient is aware that they will be contacted; however, this is not a requirement.

Once again, CMS is making the supplier responsible for the behavior of the physician.