OIG Consumer Alert: Remote Patient Monitoring

Health Law alert by Lamb McErlane PC attorneys Vasilios J. Kalogredis, Esq. and Sonal Parekh, Esq.
On November 21, 2023, the Office of Inspector General (“OIG”) posted a public consumer alert regarding a Fraud Scheme involving monthly billing for remote patient monitoring (“RPM”). The scam involves signing up Medicare enrollees for RPM[1] regardless of medical necessity.
The Fraud Scheme involves unsolicited contact to set up monthly billing for RPM regardless of medical necessity. Scammers are particularly targeting Medicare enrollees through calls, texts, and/or Internet/TV ads. They may claim to be a Durable Medical Equipment Company, Pharmacy, or a similar type of entity. Once they establish contact, they then garner Medicare numbers and other personal information, which they use to bill Medicare for the set-up, patient teaching, and monthly monitoring of data (i.e., services that are either unnecessary or never fully provided).
Consumers and Providers should remain vigilant and aware of these types of unscrupulous activities to ensure they or their patients are not scammed.
How to Protect Against This
- If a call is received from someone offering free products that will be billed to Medicare, hang up immediately and do not provide any information.
- Carefully review any Explanation of Benefits notices received for services not ordered or provided.
- If medical equipment is delivered that was not ordered, do not accept it. Refuse the delivery or return it to the sender. Keep a record of the Sender’s name and the date of return, and report it to the HHS-OIG Hotline at 1-800-447-8477.
- Be suspicious of anyone who offers free medical equipment and then requests your Medicare number. Only trusted health care providers you know should approve requests for equipment for your medical needs.
- In general, be suspicious of any unsolicited requests for Medicare numbers, or any other type of identification numbers. Unless it is your provider’s office requesting the information, do not provide it.
- If you suspect Medicare fraud, immediately contact the HHS-OIG Hotline.
[1] RPM usually involves using medical devices such as scales, glucose monitors, blood pressure cuffs, cardiac rhythm devices, and other equipment to remotely monitor for anomalies in patients with chronic medical conditions. RPM is beneficial for those whose condition might deteriorate quickly, where such monitoring can reduce complications, hospitalizations, or death.
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*This alert is for educational purposes only and is not intended to be legal advice. Should you require legal advice on this topic or have any questions or concerns, please contact Vasilios J. (Bill) Kalogredis, Esq. or Sonal Parekh, Esq.
Vasilios J. (Bill) Kalogredis, Esq. has been advising physicians, dentists, and other healthcare professionals and their businesses as to contractual, regulatory and transactional matters for over 45 years. He is Chairman of Lamb McErlane PC’s Health Law Department. Bill can be reached by email at bkalogredis@lambmcerlane.com or by phone at 610-701-4402.
Sonal Parekh, Esq., is an associate at Lamb McErlane PC who focuses on healthcare transactional matters and a broad range of healthcare regulatory-related issues on behalf of healthcare systems, physicians, dentists, and other healthcare providers, and is a pharmacist by education and training. Sonal can be reached by email at sparekh@lambmcerlane.com or by phone at 610-701-4416.
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