The Centers for Medicare & Medicaid Services (CMS) issued a final rule under which certain provisions in Section 424 of the August 27, 2010, final rule on the durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) supplier standards have been changed. The final rule was published in the March 14 edition of the Federal Register.
Most notably, this final rule removes the definition of “direct solicitation” and allows DMEPOS suppliers, including DMEPOS competitive bidding program contract suppliers, to contract with licensed agents to provide DMEPOS supplies, unless prohibited by state law. It also removes the requirement for compliance with local zoning laws and modifies certain state licensure requirement exceptions.