Wachler & Associates Health Law Blog

On January 13, the Department of Health and Human Services’ Office of Inspector General (OIG) issued a special fraud alert to remind durable medical equipment (DME) suppliers that unsolicited telephone calls to Medicare beneficiaries are prohibited by federal law. The fraud alert referred specifically to instances in which independent marketing firms make unsolicited contact with Medicare beneficiaries to market the DME supplier.

The Social Security Act prohibits such unsolicited contact by a DME supplier, except in three specific situations:

(1) when the beneficiary has given express written permission to the supplier to contact him or her by phone;