Anonymous-OK

The first proposed rule change to remove the definition of "direct solicitation" from CFR 424.57(c)(11) has a relatively small impact. Removing the definition but leaving the rest of the rule as is changes practically nothing and continues to provide unnecessary restraint on DMEPOS providers. A more appropriate rule change that would uphold the rule's intention of preventing abuse while lifting gratuitous restrictions on providers would be: 1) allow beneficiaries to give verbal permission for a supplier to contact them, and/or 2) allow DMEPOS suppliers to contact beneficiaries when they have received a written order or prescription for a Medicare-covered item to be furnished from the patient's physician prior to contact with the beneficiary. This would continue to disallow annoying or abusive marketing practices while granting providers more freedom to legitimately contact beneficiaries.