Per Medicare’s Regulations and the Social Security Act, DME suppliers are prohibited from making unsolicited calls to Medicare beneficiaries regarding the furnishing of a covered DME item, except in three specific situations: (1) the beneficiary has given written permission to the supplier to make contact by telephone; (2) the contact is regarding a covered item the supplier has already furnished to the beneficiary; or (3) the supplier has furnished at least one covered item to the beneficiary during the preceding fifteen months.
If one of these three exceptions does not apply, the DME supplier may not make unsolicited marketing calls to government health care beneficiaries. In the absence of an applicable exception, DME supplies making unsolicited marketing calls to Medicare beneficiaries, may be engaged in Durable Medical Equipment Fraud in violation of the federal False Claims Act.
Whistleblowers and their attorneys have helped combat DME fraud by suppliers making unsolicited marketing calls to government health care beneficiaries through whistleblower lawsuits. Our attorneys have helped whistleblowers pursue such claims so please contact us for more information.
No Fees Without Recovery
Ross M. Wolfe and the Weiser Law Firm litigate whistleblower lawsuits on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.
Please contact Ross M. Wolfe if you would like to speak with a whistleblower attorney for more information about the whistleblower process, Durable Medical Equipment Fraud, unsolicited DME marketing or to schedule a confidential free consultation to discuss your potential case.