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10/27/2016 Paul Kesselman DPM
Dispensing Surgical Shoes (Adam Siegel, DPM)
Surgical shoes are a non-issue and are a cash product which is not covered by Medicare and almost every third-party payer. Therefore, there is absolutely no reason why you could not dispense this item to your patient prior to surgery. The profit on these is slim with most providers I speak with not charging more than $30 and the lowest cost I've seen being about $5, only leaving at most usually a $25 profit.
When it comes to CAM walkers, however, that is entirely another story. One must also divide this discussion into non Medicare and Medicare. Most third party non Medicare payers will only pay for such an item when there is medical necessity, however because each payer operates under its own rules, one should check with your patients specific carrier and policy regarding prior authorization requirements and other regulations regarding dispensing (including pre-operative).
As for DME Medicare, this was actually an issue recently brought up in Codingline by a practice administrator who attended the same Noridian DME meeting (which I had attended). This subject was initiated by an orthotist who was confused about the 48 hour rule, which allows in- patient dispensing post operatively but only within 48 hours prior to discharge. This is usually not the situation for most podiatrists, who are performing surgery in the ASU or free standing ASC.
Under Medicare, there are two issues here: The first hurdle is that the supplier must be credentialed at the facility where the dispensing and the medical records are kept. Putting a POS =12 with your office as the facility where the service(s) were rendered could be considered an abusive practice resulting in fines, violations, etc.
The second hurdle is that Medicare requires the patient have a deformity and a medical necessity to be substantiated prior to or at the time of the dispensing and not at some time in the future post-operatively. One would be hard pressed to substantiate the medical necessity for a CAM boot prior to surgery, despite the pre-operative deformity.
Another reason for not dispensing at the ASU or ASC is to avoid making enemies with their administration. They too are on a tight budget and would also like to share in the additional revenue. Dispensing an item from their facility, from which you will profit, is like taking your food to a restaurant and asking them to cook it for you.
Another concern for preoperative dispensing as a whole would be to have an action plan in case the surgery is postponed or cancelled.
The best suggestion (written by this author and others in Codingline) is to place the patient in a posterior splint, bi-valved cast, etc. which is a low budget item to the facility and is part of their prospective payment. What you do in your office is really not their concern. So simply dispensing the CAM boot at the first dressing change in your office a few days post operative is appropriate and would meet with all the Medicare requirements and none of the aforementioned concerns.
Lastly, this may be an unpopular answer, but it is the safest approach which will keep you out of trouble and still allow you to dispense without avoiding all the land mines noted above.
Paul Kesselman, DPM, Woodside, NY
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