Gene Gantt-TN

Document ID: CMS-2008-0007-0049
Document Type: Public Submission
Agency: Centers For Medicare & Medicaid Services
Received Date: March 09 2008, at 11:49 AM Eastern Daylight Time
Date Posted: July 10 2008, at 12:00 AM Eastern Standard Time
Comment Start Date: January 25 2008, at 12:00 AM Eastern Standard Time
Comment Due Date: March 25 2008, at 11:59 PM Eastern Standard Time
Tracking Number: 803ee2a8
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This is comment on Proposed Rule

Medicare Program: Additional Durable Medical Equipment, Prosthetics, Orthotics, and Supplies Supplier Enrollment Safeguards; Establishment

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The supplier standard at ? 424.57(c)(1) states, ." If a State requires a specific license to furnish certain services, we believe that a DMEPOS supplier cannot contract with an individual or other entity to provide these licensed services, but rather, the DMEPOS supplier could hire the individual as a W?2 employee." COMMENT: This standard places an unfair burden on small suppliers who at times must contract with licensed personnel i.e. Licensed Respiratory Therapists to provide specific services to the suppliers patients. This would restrict even those who have full time RTs from hiring temporary Licensed RTs during times of vacation or illness or increased staffing needs. Applying this standard will have a detrimental effect on patient?s access to care Applying this standard will have a detrimental impact to the practice of Respiratory Care by restricting contracted licensed personnel from performing duties in the home. This would be the equivalent of prohibiting hospitals or other facilities from hiring contract or agency personnel in times of increased staffing needs.