The National Government Services Jurisdiction B Clinical Education department has received many referrals regarding suppliers soliciting beneficiaries via telephone for Medicare covered item(s). It is very important for suppliers to be aware that they are prohibited under section 1834 (a) (17) (a) of the Social Security Act against unsolicited telephone contacts by suppliers.
Section 1834 (a) (17) (a) of the Social Security Act states:
(A) In general.—A supplier of a covered item under this subsection may not contact an individual enrolled under this part by telephone regarding the furnishing of a covered item to the individual unless 1 of the following applies:
(i) The individual has given written permission to the supplier to make contact by telephone regarding the furnishing of a covered item.
(ii) The supplier has furnished a covered item to the individual and the supplier is contacting the individual only regarding the furnishing of such covered item.
(iii) If the contact is regarding the furnishing of a covered item other than a covered item already furnished to the individual, the supplier has furnished at least 1 covered item to the individual during the 15-month period preceding the date on which the supplier makes such contact.
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