REMINDER: The Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) competitive bidding program requires all bidders and contract suppliers to comply with all applicable Federal and State laws. For example, bidders must comply with Federal antitrust laws. We take these laws very seriously and will not tolerate violations. Any supplier suspected to have violated Federal antitrust laws by engaging in practices such as price fixing, bid rigging or other forms of collusion will be referred to the Department of Justice for investigation and is subject to having its bid rejected. For more information, see the Department of Justice's fact sheet on the Federal antitrust law on the Competitive Bidding Implementation Contractor (CBIC) web site. If you suspect entities participating in the competitive bidding program may be engaging in practices that violate antitrust laws, please contact the CBIC customer service center at 877-577-5331. The CBIC will report antitrust concerns to the Centers for Medicare & Medicaid Services (CMS) for referral to appropriate law enforcement agencies.
Here is some important information for you to consider if you are planning to use a consultant for the preparation of your bid(s): Question: May bidders use a consultant for the preparation of their bids? Answer: While bidders may use consultants to assist in the preparation of their bids, each bidder is responsible for validating and submitting its own bid. All bids must comply with all terms and conditions of the Request for Bids (RFB), regardless of whether a consultant is used. Question: Are certain consultants or certain consultant services not appropriate for assisting in bid preparation? Answer: If a bidder decides to use a consultant, any consultation service must be consistent with the DMEPOS competitive bidding program authorizing regulations and the RFB and permissible under all applicable Federal laws. If a supplier uses a consultant, the supplier may not knowingly use a consultant that compares that supplier's bid with, or knowingly makes bid item prices identical or substantially the same as, the bid of another bidder(s). Consultants must not violate any Federal antitrust law or engage in anticompetitive behavior (e.g., comparing different suppliers' bids or knowingly advising different suppliers to submit identical or substantially identical bid prices) in preparing bids. CMS reviews the financial capacity of each bidder to supply DMEPOS at the bid price and determines whether a bid is bona fide, and, generally, whether the bid complies with the applicable law, regulations, and RFB. CMS will reject a bid that is not bona fide or does not otherwise comply with the law, regulations, or RFB. If you suspect a consultant may be engaging in practices that violate antitrust laws, please contact the CBIC Customer Service Center at 1-877-577-5331. If a bidder uses a consultant, the bidder needs to verify that the information prepared by the consultant is accurate and can be certified as true by the bidder. Bidders certify that their bids are true, accurate and complete when they approve Form B in DBidS. Approving Form B also certifies that the bidder understands that any omission, misrepresentation, or falsification of any information contained in the bid and all required attachments and supplemental information or contained in any communication supplying information to CMS or the CBIC may be punishable by criminal, civil, or other administrative actions including revocation of approval, fees, and/or imprisonment under Federal law. ________________________________________________________________________ _______ Flu Season is Here! Annual outbreaks of the seasonal flu usually occur from late fall to early spring. Typically, 5 to 20 percent of Americans get the seasonal flu, resulting in approximately 36,000 flu-related deaths.[1] If you have Medicare patients who haven't yet received their flu shot, you can help them reduce their risk of contracting the seasonal flu by recommending an annual seasonal influenza vaccination. Medicare provides coverage of the seasonal flu vaccine and its administration. And don't forget to immunize yourself and your staff. Protect yourself, your staff, your patients, and your family and friends. Remember - Influenza vaccine plus its administration are covered Part B benefits. Note that influenza vaccine is NOT a Part D covered drug. For information about Medicare's coverage of the seasonal influenza virus vaccine and its administration as well as related educational resources for health care professionals and their staff, please go to http://www.cms.hhs.gov/MLNProducts/Downloads/flu_products.pdf on the CMS website. You will find a variety of resources that explain Medicare coverage and claims submission policies related to the seasonal influenza vaccine. For information on Medicare policies related to H1N1 influenza, please go to http://www.cms.hhs.gov/H1N1 on the CMS website. -------------------------------------- [1] Flu.gov. 2009. About the Flu [online]. Washington DC: The U.S. Department of Health and Human Services, 2009 [cited 30 November 2009]. Available from the World Wide Web: (http://www.flu.gov/individualfamily/about/index.htm <http://www.flu.gov/individualfamily/about/index.html> ) ------------------------------------------------------------------------ ------------------------------------------------------------------------ -------------------------------------- Note: If you have problems accessing any hyperlink in this message, please copy and paste the URL into your Internet browser. If you received this message as part of the All FFS Providers listserv, you are currently subscribed to one of eighteen Medicare Fee-For-Service provider listservs. If you would like to be removed from all NIH listservs, please go to (https://list.nih.gov/LISTSERV_WEB/signoff.htm <https://list.nih.gov/LISTSERV_WEB/signoff.htm> ) to unsubscribe. If you would like to unsubscribe from a specific provider listserv, please go to (https://list.nih.gov/cgi-bin/show_list_archives <https://list.nih.gov/cgi-bin/show_list_archives> ) to unsubscribe or to leave the appropriate listserv. Please DO NOT respond to this email. This email is a service of CMS and routed through an electronic mail server to communicate Medicare policy and operational changes and/or updates. Responses to this email are not routed to CMS personnel. Inquiries may be sent by going to (http://www.cms.hhs.gov/ContactCMS <http://www.cms.hhs.gov/ContactCMS> ). Thank you. ________________________________ [1] Flu.gov. 2009. About the Flu [online]. Washington DC: The U.S. Department of Health and Human Services, 2009 [cited 30 November 2009]. Available from the World Wide Web: (http://www.flu.gov/individualfamily/about/index.htm <http://www.flu.gov/individualfamily/about/index.html> )
