Physicians Beware! Groups Providing DME, Prosthetic Devices, and Other Medical Supplies to Their Medicare Patients Risk Violating the Strict Liability Stark Law Since the Expiration of COVID-19 Public Health Emergency
Health Law Advisor
AUGUST 14, 2023
During the COVID-19 PHE, CMS issued temporary waivers, including a waiver of the “location requirement” of the In-Office Ancillary Services (“IOAS”) exception. 3] As indicated above, the temporary waiver that allowed mailing or home delivery of DME during the COVID-19 PHE expired May 11, 2023 and is no longer available.
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