Dear Colleagues,
A local company is doing something I question, but which I’m afraid might be legal. I’m in an O&P-licensure state (Florida).
To begin, I know that, with dual coded orthoses-Custom Fitted/Off-The-Shelf-a non-certified, non-licensed person can deliver these without fitting them, or even ship them to the patient in a box, as long as they use the OTS code to bill them. This is unfortunate but true.
Now for my questions, assuming a licensure state.
Question 1: If this person with no credentials or license fits such a brace, so long as he or she doesn’t perform the customizing changes necessary to consider it a custom fitting, and so long as the company bills it as OTS, is that still in violation of the licensure law?
* If no, what is the use of licensure for orthotic fitters?
* If yes, as I assume is the case, see Question 2.
Question 2: If you think the scenario in question 1 is not legal, can a company send an employee with no credentials or license to a patient’s home to deliver a spinal brace that the company will bill as, say, L0650 (an OTS code), and while there, hand the orthosis to the patient and instruct them how to don it and adjust it to their body? That is, so long as he or she doesn’t physically put it on the patient, does this legally avoid being a fitting and, thus, violating the licensing law?
I realize I’m postulating a non-credentialed and non-licensed person in these questions. They are not the same. Feel free to treat them separately in your responses.
Thanks for the help.
David Hendricks
David Hendricks, CPO
President
Blue Diamond Orthopedic
6439 Milner Blvd
Suite 4
Orlando, FL 32809
[email protected]
407-613-2001 Phone
407-613-2010 Fax
