HME News

FEB 2018

HME News is the monthly business newspaper for home medical equipment providers. This controlled circulation publication reaches 17,100 home medical equipment services providers, including traditional HME dealers & suppliers, hospital- and pharmacy-o

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smart Talk hme news / february 2018 / www.hmenews.com 9 enGaGeD TeChnOlOGy leGal Mind the threshold By toDD MooDy Q. Can I pay a lead generation company for leads? a. Yes, but the appropriate pay- ment terms will depend on the nature of the leads. Focus your strategy By Val ornoy Q. how can mhealth technology engage patients? a. With one-fifth of the U.S. population trending to be 65 or older by the year 2030, mobile health (mHealth) will continue to drive innovation, automation and greater integration for HME providers. As you consider strat- egies to address the large-scale economic and health needs of this growing population you will need to include the "Silver Tsunami's" mobile aspects in your plans. In particular, determine how the increasing adoption of mHealth technology by older adults will increasingly foster coordinated and connected care. Mobile-centric connectivity across all care providers, home health agencies, family, senior liv- ing, and community support orga- nizations can deliver greater peace of mind not only to the patient but their entire caregiving communi- ty. The comfort that everyone in their care journey is always on the same page, communicating transparently, and accessing the data they need in a timely man- ner enables the ability to provide the best and earliest care possible. Thus, mHealth technology strate- gies should focus on: ✔ Information that can be eas- ily and securely shared from any device and any location ✔ Participant interdependence and engagement ✔ Technologies' ease of use, adoptability and integration ✔ Results for greater caregiver effi ciencies Leveraging mobile technology to connect elder patients to their ever-changing caregivers, and to one another, allows the care eco- system to fl ex, adapt, and move with them from a hospital visit, to rehab scenarios, back to home. Additionally, the data, people and devices related to care activities can be synchronized to stay cur- rent and always relevant. hme Val Ornoy is CEO of LifeAssist Technologies. Reach him at val@lat. care. When reviewing any lead gen- eration arrangement, a key regula- tory issue is whether the arrange- ment complies with the federal Anti-Kickback Statute (AKS). The AKS prohibits a person from soliciting, receiving, offering, or paying anything of value in return for, or in order to induce, referrals or the arrangement of referrals of individuals covered by a federal health care program (FHCP). In light of this, a threshold issue for an arrangement involving pay- ment to a lead generation com- pany is whether the information gathered and distributed about potential customers constitutes a "referral" for purposes of the AKS or simply a raw lead. An individ- ual's name and contact informa- tion constitute a raw lead. On the other hand, when additional qualifying information is gathered about an individual, it is possible for that bundle of information to cross the line from a raw lead to a referral. No single one or com- bination of data points will con- vert a raw lead into a referral. But each additional item of informa- tion gathered increases the likeli- hood of turning a raw lead into a referral. If you are dealing with raw leads, the AKS is not implicated, and you can pay the lead genera- tion company per lead. But if you are dealing with referrals, the AKS is implicated, and you should pay the lead generation company a fi xed annual fee representing the fair market value of the ser- vices required to generate those referrals in accordance with the safe harbor to the AKS for per- sonal services and management contracts. hme Todd Moody is a healthcare attorney with Brown & Fortunato. Reach him at tomood@bf-law.com.

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