May a supplier hire a contractor or company (inside or outside of the United States) to make calls regarding Special Payment Rules for Supplier Standard 11?

Answer: 

The DMEPOS special payment rules regarding telephone contact were revised (42 CFR 424.57(11)). The rule states a supplier/provider agrees not to contact a beneficiary by telephone when supplying a Medicare-covered item unless one of the following three conditions have been met. 

• The individual has given written permission to the supplier to contact them by telephone concerning the furnishing of a Medicare-covered item that is to be rented or purchased.
• The supplier has furnished a Medicare-covered item to the individual and the supplier is contacting the individual to coordinate the delivery of the item.
• If the contact concerns the furnishing of a Medicare-covered item other than a covered item already furnished to the individual, the supplier has furnished at least one covered item to the individual during the 15-month period preceding the date on which the supplier makes such contact.

A DMEPOS supplier may not hire a contractor or company to make these calls on their behalf. This practice is a violation of this supplier standard. The prohibition does not change if the contractor or company is outside of the United States. These contracted entities are agents of the DMEPOS supplier and therefore, seen as the same entity.