Tag: Silverman Bain
Legal: Look before you leap
April 13, 2023Michael Silverman
Q. I’d like to expand the reach of my HME business by offering medical equipment and supplies to patients on a mail-order basis – what regulations should I be aware of?
A. Expanding beyond the confines of walk-in retail customers and local delivery is a great way to increase HME offerings and business revenue. However, providers must be cognizant of the additional regulatory red tape that accompanies such growth.
For starters, state licensure requirements can vary greatly...
Legal: Understand employee classifications
March 6, 2023Michael Silverman
Q. How do I classify someone providing services for my business?
A. Business owners often inform me that their workers are paid as either independent contractors (1099) or employees (W2) based solely on their or the worker’s preference.
While a worker or business owner may, for example, prefer an independent contractor classification – and the corresponding ability to have write-offs and not incur payment of employer related taxes, respectively – whether an employer/employee...
Legal: Ensure relationships are compliant
February 8, 2023Michael Silverman
Q. What laws should I be aware of when contracting with others to market my HME business?
A. In most industries, it is commonplace for one party to compensate another in exchange for a referral. In the health care space, this can be considered a felony.
HME providers are not dealing in widgets, but rather patient lives. Accordingly, there are myriad federal and state regulations governing their interactions with prospective and current patients, as well as referral sources. The...
Legal: Tailor your compliance program
January 16, 2023Michael Silverman
Q. As we dive into 2023, what steps can my Medicare-enrolled HME business take to aid in regulatory compliance?
A. While most HME businesses are aware of the “low hanging fruit” of ongoing regulatory compliance obligations – such as timely updating Medicare enrollment applications (855S), checking employees/contractors against federal exclusion lists, and staying updated on licensure requirements – many do not have written policies and procedures in place detailing how...
Speaker Q&A: Avoid marketing missteps, fines
August 26, 2022Tracy Orzel
ATLANTA - Because DME is one of the most regulated industries, health care marketers have more hoops to jump through—and avoid—than others, says Jacqueline Bain, co-founder of Silverman Bain, a health care and business law firm. HME News spoke to Bain, who is co-hosting the Medtrade session, “Implementing a legally proper marketing program,” about which laws you should be aware of and what could happen if you aren’t.
HME News: What are the major federal laws...