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<strong>CMS</strong>-1403-FC<br />

P. Prohibition Concerning Payment of Continuous Positive<br />

Airway Pressure (CPAP) Devices<br />

The provisions discussed in section II.S.2 of this<br />

final rule with comment period will reduce Medicare Trust<br />

Fund vulnerability to fraud and abuse and protect Medicare<br />

Beneficiaries from the burden of unnecessary sleep testing<br />

and unnecessary exposure to a medical device. <strong>This</strong><br />

1077<br />

prohibition will have no effect on providers as the majority<br />

of providers are not DMEPOS suppliers who would by supplying<br />

CPAP devices. Only providers or other entities that perform<br />

both unattended out-of-facility sleep testing and supply<br />

CPAP machines to beneficiaries they have tested will be<br />

impacted which we believe would be very few, if any. For<br />

the reasons listed above, this final will have no impact on<br />

DMEPOS suppliers because most suppliers only supply the CPAP<br />

machines; they do not evaluate patients, order sleep tests,<br />

nor do they interpret them.<br />

Q. Beneficiary Signature Requirements for Nonemergency<br />

Ambulance Services<br />

We believe that our proposal in section II.S.3. of this<br />

final rule with comment period for allowing the ambulance<br />

provider or supplier to sign the claim on behalf of the<br />

beneficiary with respect to nonemergency transport services,

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