The Legal Side of Retail: Increasing Retail Sales While Avoiding Legal Pitfalls
HME providers can no longer survive while solely relying on Medicare fee-for-service. With competitive bidding, stringent documentation requirements, lower reimbursement, post-payment audits, and the fact that Medicare is tightening its purse strings, Medicare fee-for-service should only be a component of the supplier’s total income stream.

Retail sales offer a bright alternative: There are 78 million Baby Boomers who are retiring at the rate of 10,000 per day, and they are accustomed to paying for things out-of-pocket. These retail sales may take place in a store setting, or they may take place over the internet.

This program will discuss the various business models through which the provider can conduct retail sales. Equally as important, this program will discuss the legal requirements that must be met in conducting retail sales. These requirements include state licensure, possible collection of sales tax, qualification as a “foreign” corporation in other states, obtaining a physician prescription, and complying with federal and state telemarketing rules. In addition, the program will discuss how the supplier can sell Medicare-covered items at a discount off the Medicare allowable.

Learning Objectives:
  • The multiple ways that the HME provider can engage in retail sales.
  • The federal laws that impact retail sales.
  • The state laws that impact retail sales.
  • How the HME provider can sell Medicare-covered items at a discount off the Medicare allowable.

DURATION: 1 hour
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About our Presenter:
Jeffrey S. Baird, Esq., is Chairman of the Health Care Group of Brown & Fortunato, P.C., an Amarillo, TX based law firm. Baird represents HME providers, pharmacies and other health care providers throughout the United States. He works closely with governmental agencies, has authored numerous articles, and is a frequent lecturer throughout the country. Additionally, Baird serves on the Medtrade Education Advisory Board, the AAHomecare Regulatory Council, and the AAHomecare Audit Task Force.

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