Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Blog Post

July 31, 2020

Barclay Damon's Pharmacy Team Reverses Revocation of Medicare Billing Privileges for DME Supplier

Barclay Damon attorneys successfully staved off a revocation of a durable medical equipment (DME) supplier’s Medicare billing number by a Medicare administrative contractor (MAC). The supplier was at serious risk of having its Medicare billing privileges terminated and its subsequent reenrollment in the federal health care program barred for two years.

The MAC claimed the revocation was based on the supplier’s non-compliance with Medicare’s requirements related to the timely filing and maintenance of a surety bond and a comprehensive liability insurance policy that covered the supplier’s place of business, customers, and employees.  

The documentation, corrective action plan (CAP), and accompanying arguments submitted demonstrated the supplier’s commitment to continued compliance with the Medicare rules, including rigorously training its employees and hiring a third-party compliance vendor. Coupled with the risk of interrupting services for numerous Medicare recipients during COVID-19, the MAC approved the CAP and reinstated the supplier’s Medicare billing privileges without ever having to move on to the reconsideration stage. 

The Barclay Damon team has successfully represented pharmacies and other providers in similar administrative proceedings before MACs and other governmental entities.

If you have any questions regarding the content of this post, please contact Linda Clark, Health Care Controversies Team Leader, at lclark@barclaydamon.com; Brad Gallagher, counsel, at bgallagher@barclaydamon.com; Mary Connolly, associate, at mconnolly@barclaydamon.com; or another member of the firm’s Health Care Controversies Team.

Featured Media

Alerts

All Eyes on Nuclear in New York State

Alerts

Update on the Daniel's Law Task Force

Alerts

New York Court Issues Mandatory Injunction to Close Under a Stock Purchase Agreement

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Lisa Cantwell, Clay Lee Jones, Edery Herrera, Leshawn Young, Carlton Knowles, and Cedric Bishop—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Security Interest Priority Issues: First to File Might Not Be First in Right

Alerts

PSC Establishes Proactive Planning Proceeding to Prepare the NYS Grid for the Electrification of the Transportation and Building Sectors

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out