The Risks of “Swapping” for Durable Medical Equipment

Partners Lori Rubin and Judy Waltz, and associate Kara Schoonover, collaborated with vice president of operations for Vohra Wound Physicians Management Japa Volchok, D.O., to publish an article in McKnight’s Long-Term Care News about “swapping” for durable medical equipment, which is a discount offered by a vendor to a SNF for items the SNF must provide under its bundled payment, in exchange for referrals to the vendor who then bills Medicare directly for these items. Enforcers may consider such swapping arrangements to constitute improper arrangements that violate the criminal Anti-Kickback Statute, the civil False Claims Act, or other provisions of law.

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