Anonymous-DC

I recommend that CMS retain the "direct solicitation" policy established in 42 CFR 424.57(c)(11) in the August 27, 2010 Final Rule and modify the definition of "Direct Solicitation" found in 42 CFR 424.57(a) by deleting the phrase, "which includes, but is not limited to," By deleting this phrase, the definition of direct solicitation" is less ambiguous. I recommend that CMS more fully explain how this proposed change will impact Medicare beneficiaries. On page 18474 of the proposed rule, CMS states, "Although we are proposing to modify the supplier standard on direct solicitation at 424.57(c)(11), we will continue to actively monitor the issue of potentially unwanted and unsolicited communications between DMEPOS suppliers and beneficiaries. In the event we believe that we need to take action to limit these types of communications, we will engage in further rulemaking to address this concern." Presumably, CMS determined that a problem existed in unwanted and unsolicited communications between DMEPOS suppliers and beneficiaries in 2008 when CMS published the initial proposed regulation. Now three years later, CMS is stating that it will continue to study this issue. I recommend that CMS explain using actual examples why it believed that a problem existed in unwanted and unsolicited communications between DMEPOS suppliers and beneficiaries and whether those problems have abated or increased. I recommend that CMS explain why it isn't taking the necessary steps to to reduce or eliminate nwanted and unsolicited communications between DMEPOS suppliers and beneficiaries