May a non-contract supplier purchase a contract supplier and, in effect, assume the competitive bidding contract?
The general answer is “yes.” However, be careful. As set out below, the devil is in the details. Question: Is any type of notice required to be given before a change of ownership (CHOW) of a contract supplier occurs? Answer: Sixty days before the anticipated effective date of the CHOW, the contract supplier (i.e., seller) must notify CMS that it is negotiating a CHOW. Thirty days before the effective date of the CHOW, the non-contract supplier (i.e., buyer) must submit certain documentation to CMS, unless such documentation was previously submitted and is still current. If a new entity will emerge from the CHOW, then the new entity must submit the documentation. Question: OK, so what documentation must be submitted? Answer: The documentation must include the following: (1) The buyer must disclose any current or prior legal actions, sanctions, revocations from the Medicare program, program-related convictions, or exclusions or debarments against the buyer, or its directors, officers, hi
Related Questions
- Are the new Medicare DMEPOS supplier accreditation and surety bond requirements related to the Medicare DMEPOS Competitive Bidding Program?
- WHAT IF I WANT TO MAKE A PURCHASE OF AN IDENTICAL ITEM THAT IS ON A STATEWIDE CONTRACT FROM A NON-CONTRACT SUPPLIER, IS A WAIVER REQUIRED?
- Is it possible to purchase used surplus supplies and equipment without competitive bidding?
