If you operate a pharmacy that provides durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) under Medicare Part B, you could be exempt from the current CMS medicare bond requirements. Your future bond requirements will depend on new legislation being adopted into law.
U.S. Senators Pat Roberts (R-Kansas) and Jon Tester (D-Montana) are sponsoring a companion bill to H.R. 1970, the Preserve Patents Access to Reputable DMEPOS Providers Act of 2009. The companion bill points out that fourteen other professional designations in the medical field are exempt from the $50,000 surety bond requirement. The exemptions are based on existing state licensure programs, standardized training and professional expertise. Pharmacists are subject to similar licensure programs and training and have comparable professional medical expertise.
Industry experts are concerned that the $50,000 surety bond requirement might endanger patient access to vital medical supplies by discouraging pharmacies from providing DMEPOS to Medicare B patients. These type of supplies typically make up a small percentage of a pharmacy’s annual revenues and may not offset the additional cost of posting a surety bond. A pharmacy’s decision to stop providing DMEPOS could have a greater impact in rural areas where the local pharmacy is often the only local source for these type of supplies.
If the pharmacy exemption is not adopted, any pharmacy continuing to sell DEMOPS must post a $50,000 surety bond by October 2, 2009.
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