Those ads on TV offering free Wheelchairs
About Those Ads on TV Offering Free Wheelchairs
5/22/07
The ad looks great! A free electric wheelchair or scooter if you are on Medicare and are
having trouble "getting around". Some ads even tell you that they will "pre-qualify" you-
and if they do and Medicare doesn't pay, you get to keep the equipment for free. Some
ads require you to call an 800 phone number and it is all done by telephone. Other ads
may be in the local paper and they send a representative to your home.
So far so good. You call, they take information, and contact your doctor. Some
unscrupulous dealers even have their "own" doctor to write the prescription on your
behalf. Then the equipment arrives.
If you truly need the equipment to ambulate in the home, and if your home is already
"wheelchair friendly" because you have been using a manual wheelchair, and if you have
no intention of ever taking the equipment on a trip or an errand, then there is a very
slight chance you may be satisfied with what arrives. But many people are not. Below
are real quotes from real people:
"The ad implied I would be getting a scooter, but I received a power wheelchair
that neither myself nor able bodied family members can load into my car."
"The person on the phone said I could get a power wheelchair carrier to put
on my car for next to nothing. The carrier cost's a fortune!"
"When the equipment breaks down, which is often, I wait weeks for service."
"The person who provided this told me I wouldn't be responsible if Medicare didn't pay,
now they are suing me for the money."
"The man came to my house and had me sign papers. What I received is horrible and
now he doesn't return my phone calls."
"I received a power chair that is way to small for my body. What can I do?"
"The chair I received drives from the right side, and I am left handed."
"I can't make the turn into my bedroom with the power wheelchair provided because
of the hallway in my condo is too narrow."
"My mother received a power chair from Medicare and from day one she hasn't been
able to control the chair. Everything in the house is getting wrecked from her
banging into things, and I'm afraid she is going to hurt herself driving it."
"My father received a power wheelchair last year that didn't "work out" for him.
He sold it to a friend, but now he needs one. Why won't Medicare supply it?"
"Someone approached me and offered me $200 if I signed some papers and claimed that
I received a wheelchair from Medicare when in fact I did not. Can I get into
trouble?"
You certainly can. And the government is finally taking notice. On November 11, 2003 the
Associated Press published an article titled: Medicare Stung by Wheelchair Scam which
stated that "...fifty separate investigations [are] under way in nearly two-dozen states
have identified $167 million in fraudulent Medicare claims for power wheelchairs...".
The article reported that "...Investigators say the cases can include:
Equipment company suppliers who submit phony claims.
Doctors who take kickbacks for writing prescriptions.
People who roam shopping malls offering free medical equipment to anyone who'll sign up
for a wheelchair.
Conspirators who stage fake deliveries, complete with pictures of patients who pose with
their power chairs for a fee...".
This web site reported that on Sept 18, 2003 the US Attorney's office in Texas unsealed a
101 count indictment charging people with health care fraud regarding fraudulent claims
for electric wheelchairs. Over $16 million was paid out, and the "beneficiaries" each
received between $200 and $800 in cash.
Furthermore, it has been reported on May 21, 2007 by HOMECARE MONDAY, an industry
publication, that THE SCOOTER STORE, a Texas based company that advertises heavily
on TV promising "free" power wheelchairs has reached a settlement that resolves a
2005 government lawsuit alleging the company "engaged in a multi-media
advertising campaign to entice beneficiaries to get power scooters paid for by
Medicare, Medicaid and other insurers. Instead of the 'zippy' power scooters that
were advertised, The Scooter Store sold the beneficiaries expensive power wheelchairs
that they did not want, need, and/or could not use."
"Many beneficiaries had no idea what kind of equipment they were getting,
until it was delivered by The Scooter Store," according to the DOJ.
In addition, the government's lawsuit alleged the company sold used power
mobility equipment to beneficiaries and billed Medicare as if the equipment
were new, and alleged the company charged Medicare millions for unnecessary
power mobility accessories.
In November 2003, the same time the investigation into THE SCOOTER STORE
was getting underway, a federal prosecutor in Southern California launched a new
criminal unit dedicated to the prosecution of health care fraud after yet another
company was involved in a $2.4 million scheme to bill Medicare for equipment and
supplies not prescribed by doctors or received by beneficiaries. The prosecutor
called the formation of the unit "the opening salvo" to prosecute the fraud in the
area.
4/03/04
Since publishing the original version of this report in 2003, I have interviewed several
angry victims of these TV ads telling me how they were talked into equipment that cost
substantially more than the "Medicare allowable", or for equipment that Medicare simply
does not pay for or that they did not qualify for. They were told that they could finance
their equipment for a small monthly payment. However, in each case the victim later found
that the cost of the equipment out of their pocket substantially exceeded what this
equipment sells for retail. The company told them that their contract is enforceable and
that the company has a team of lawyers to enforce the contract. I have advised these
people to contact Medicare and to discuss the situation with their attorney, but the
damage has already been done. I CANNOT STRESS STRONGLY ENOUGH HOW IMPORTANT IT IS TO
SHOP AROUND BEFORE YOU BUY- AND TO READ AND UNDERSTAND THE CONTRACTS YOU SIGN!
Regarding questions I have received regarding the beneficiary selling equipment received
that doesn't "work out": While I do NOT give advice on how Medicare pays or their
policies, I can state that there are time periods (many years) after equipment is provided
in which the same equipment will not be considered to be provided again. Selling the
equipment also begs the question on how necessary this "medically necessary" equipment
really was if it was sold or given away immediately (i.e. without improvement of the medical
condition) after receipt (see paragraph immediately above).
As far as receiving equipment that cannot be loaded into an automobile, Medicare does
not provide for that kind of equipment (i.e. substituting one that can be loaded
into a car vs one that cannot, simply because the user or caregiver cannot lift
the heavier one), and many times it's simply cheaper to purchase the correct equipment
"out of pocket" rather than attempting to adapt your home or car to something that
Medicare will provide you with. For example, there are new scooters (some of which
are not FDA/Medicare approved) that cost less than a carrier that fits behind the car
(carriers have their own problems- see my article Traveling by Automobile for more
information). In fact, Medicare provides the equipment for use in the home and
makes no payment decision on the ability of the person to travel with the equipment.
If the person using the equipment does not need it for use in the home, but does need
for the mall or for trips, that person may not even qualify under Medicare guidelines
for the equipment provided. I make no claim to be an expert on Medicare. Please
contact them for help or advice.
Medicare requires that the suppliers of wheelchairs provide equipment that is
appropriate for the user. It is the provider's responsibility to make the chair
fit the user properly, be the correct weight capacity, have controls that are
correctly programmed for any tremors in the hand, etc.- and to do this at no
charge to the user, and that the chair be suitable for the environment that it will
be used in. The supplier must also determine that the user of the equipment has the
training/ability/skills to use the equipment- and to use it safely. Some people
simply cannot use power wheelchairs or scooters and should not have been provided
that equipment in the first place. That said, it can be a fight to motivate the
supplier- particularly if the supplier is not a local merchant and especially if
it means a lost "commission". Many times the local person providing the equipment
works out of his car and is just "affiliated" with a company in a distant city.
When he quits, the phone number (obtained from an ad in the local paper) is gone.
It can be difficult to get Medicare to intervene as well. I make no claim to be
an expert on Medicare. Please contact them for help and/or advice.
Purchasing any equipment over the telephone with no one evaluating the user in
person can be equivalent to purchasing over the internet. See my article regarding
numerous problems doing that.
My advice is to read my article: Selecting a Dealer and do business with someone
who is local, established, and with a satisfied customer base. It will be significantly
cheaper/easier in the long run to go this route. The established dealer with a good
reputation is more likely to suggest alternative equipment, to explain why one may be
approved over another, and to discuss the potential problems using the equipment ahead
of time and to work to eliminate said problems (ramps, "tight" corners off of hallways,
etc).
A reliable local dealer who evaluates the user of the equipment "face to face" can
also make sure that the equipment itself is the correct size and configuration for
the user a lot easier than someone evaluating over the telephone. The local dealer
is motivated to create "good will" as well, for repeat business vs the "hit and run"
tactics of these other "providers".
Anyone who "purchases" solely because of a newspaper or television ad that stresses
"free" is playing to the greed within us all. A reliable local dealer may be able
to provide the correct equipment at no cost to the end user as well, and will be
able to "get it right" the first time, and provide fast, local repair service as required.
All the information provided herein is Copyright © 2003, 2004, 2005, 2006 & 2007
Stuart L. Portner. All rights reserved. May be printed and reproduced for i
ndividual use, but may not be distributed without the permission of the author.
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