TERMS OF ACCESS AND LEGAL NOTICES

Please review the following terms of access and notices (collectively, "Terms"). All access to and use of this website is governed by the Terms.

RS Medical reserves all rights in any text, graphic images and software used, displayed or contained on this website. RS Medical authorizes you to view and make copies of documents or pages published by RS Medical on this website for your non-commercial, personal use, provided that such use does not include modification of any material or information contained herein, or any further copying, distribution, display, transmission or dissemination in paper or electronic formats, and provided further that any copy you make retains all copyright or other proprietary notices and any disclaimer contained thereon.

The RS Medical name, logo and various names of RS Medical products, processes, technologies, programs and services described or referenced on this website are trademarks or service marks of RS Medical. Except as expressly provided herein, nothing contained in this website shall be construed as conferring any license or right under any RS Medical copyright, patent, trademark or other intellectual property right.

THE INFORMATION PROVIDED ON THIS WEB SITE, INCLUDING TEXT, IMAGES AND LINKS, IS PROVIDED "AS IS" BY RS MEDICAL, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RS MEDICAL DOES NOT WARRANT THAT THIS WEBSITE OR ITS OPERATION AND FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONSTRUCTS.

RS Medical makes no representations whatsoever about any other websites which you may access through this one. Any non-RS Medical website that you may access is independent from this web site and RS Medical has no control over the content of such web site. Links to non-RS Medical websites are provided as a convenience to you, and the existence of a link to another web site should not be considered an endorsement or recommendation of such site, any information contained therein, or any party related thereto. You should take appropriate precautions to ensure that any information you wish to access or download from a website is free from viruses, worms, trojan horses and other items or constructs of a destructive nature.

IN NO EVENT WILL RS MEDICAL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF RS MEDICAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Terms shall be governed by and construed according to the laws of the State of Washington and of the United States of America.

HIPAA Notice

I. THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

II. WE HAVE A LEGAL DUTY TO SAFEGUARD YOUR PROTECTED HEALTH INFORMATION (PHI)
We are legally required to protect the privacy of your health information. Your protected health information, or PHI for short, is information that can be used to identify you. It includes information we have created or received about your past, present, or future health condition, health care, or payment of this health care.

We are required to provide you with this notice about our privacy practices. The notice explains how, when, and why we use and disclose your PHI. We are legally required to follow the privacy practices that are described in this notice.

We reserve the right to change the terms of this notice and our privacy policies at any time. Any changes will apply to the PHI we already have. Before we make an important change to our policies, we will promptly change this notice and post a new notice in our office lobby at 14301 SE First Street, Vancouver, WA. You can also request a copy of this notice from the contact person listed in Section VI.

III. HOW WE MAY USE AND DISCLOSE YOUR PROTECTED HEALTH INFORMATION
We use and disclose health information for many different reasons. Some of these uses, or disclosures, do not require your prior consent or specific authorization. Below, we describe the different uses and disclosures and give you some examples.

A. Uses and Disclosures Relating to Treatment, Payment, or Health Care Operations That Does Not Require Your Prior Written Consent. We may use and disclose your PHI without your consent for the following reasons:

  1. For treatment. We may disclose your PHI to physicians, nurses, and other health care personnel who provide you with health care services or are involved in your care. For example, if you’re being treated for a back injury, we may disclose your PHI to the physical rehabilitation department in order to coordinate your care.
  2. To obtain payment for treatment. We may use and disclose your PHI in order to bill and collect payment for the treatment and services provided to you. For example, we may provide portions of your PHI to our billing department and your health plan to get paid for the product and services we provided to you. We may also provide your PHI to our business associates, such as claims processing companies and others that process our health care claims.
  3. For health care operations. We may disclose your PHI in order to provide you with a product and instructions for use. For example, we may use your PHI to enable another health care provider to instruct you on the use of our product. We may also provide your PHI to our accountants, attorneys, consultants, and others in order to make sure we are complying with the laws that effect us.

B. Other Disclosures That Do Not Require Your Consent. We may also use and disclose your PHI without your consent or authorization for the following reasons:

  1. When a disclosure is required by federal, state or local law, judicial or administrative proceedings, or law enforcement. For example, we make disclosures when a law or agency (i.e. FDA) requires that we report information to them.
  2. For health oversight activities. For example, we will provide information to assist the government when it conducts an investigation or inspection of a health care provider or organization.
  3. For research purposes. In certain circumstances, we may provide PHI in order to conduct medical research.
  4. For workers’ compensation purposes. We may provide PHI in order to comply with workers’ compensation laws.
  5. Appointment reminders and health-related benefits or services. We may use PHI to provide appointment reminders or give you information about treatment alternatives, or other health care services or benefits that we offer.

C. Use and Disclosure Requires You to Have the Opportunity to Object We may provide your PHI to a family member, friend, or other person that you indicate is involved in your care or the payment for your health care, unless you object in whole or in part. The opportunity to consent may be obtained retroactively in emergency situations.

D. All Other Uses and Disclosures Require Your Prior Written Authorization In any other situation not described in Section III we will ask for your written authorization before using or disclosing any of your PHI. If you choose to sign an authorization to disclose your PHI, you can later revoke that authorization in writing to stop any future uses and disclosures. However, withdrawal of your authorization will not affect any prior disclosures we have made based on your initial authorization.

IV. WHAT RIGHTS YOU HAVE REGARDING YOUR PHI:

A. The right to request limits on uses and disclosures of your PHI. You have the right to ask RS Medical to limit how we use and disclose your PHI. We will consider your request but are not legally required to accept it. If we accept your request, we will put any limits in writing and abide by them, except in emergency situations. You may not limit the uses and disclosures that we are legally required or allowed to make.

B. The right to choose how we send PHI to you. You have the right to ask that we send information to you at an alternate address (for example, sending information to your work address rather than your home address) or by alternative means (for example, e-mail instead of regular mail). We must agree to your request so long as we can easily provide it in the format you requested.

C. The right to see and get copies of your PHI. In most cases, you have the right to look at or get copies of your PHI that we have, but you must make the request in writing. If we don’t have your PHI but we know who does, we will tell you how to get it. We will respond to you within 30 days after receiving your written request. In certain situations, we may deny your request. If we do, we will tell you, in writing, our reasons for the denial and explain your right to have the denial reviewed.

If you request copies of your PHI, we will charge you a fee for the costs of copying, mailing, labor and supplies associated with your request. Instead of providing the PHI you requested, we might provide you with a summary or explanation of the PHI as long as you agree to receive the summary and accept the costs in advance.

D. The right to get a list of the disclosures we have made. You have the right to get a list of instances in which we have disclosed your PHI. The list will not include disclosures made to carry out treatment, payment and health care operations (as previously described in this notice). It excludes disclosures made to you, or those made for notification purposes.

Your request must be made in writing and state a time period that cannot be longer than six years and cannot include any dates before April 13, 2003. We will respond within 60 days of receiving your request. The list will include the date of disclosure, to whom PHI was disclosed (including their address, if known), a description of the information disclosed, and the reason for the disclosure. We may charge you for the list we provide to you. However, we will notify you of the changes before any costs are incurred. Then, you may choose to withdraw or modify your request.

E. The right to correct or update your PHI. If you believe that there is a mistake in your PHI or that a piece of important information is missing, you have the right to request that we correct the existing information or add the missing information. You must provide the request and your reason for the request in writing. We will respond within 60 days of receiving your request. We may deny your request in writing if the PHI is (i) correct and complete, (ii) not created by us, (iii) not allowed to be disclosed, or (iv) not part of our records. Our written denial will state the reasons for the denial and explain your right to file a written statement of disagreement with the denial. If you don’t file a written statement, you have the right to ask that your request and our denial be attached to all future disclosures of your PHI. If we approve your request, we will make the change to your PHI, tell you that we have done it, and tell others that need to know about the change to your PHI.

F. The right to get this notice by e-mail. You have the right to get a copy of this notice by e-mail. Even if you have agreed to receive this notice via e-mail, you also have the right to request a paper copy.

V. REPORTING BREACHES OF PHI
Under the HITECH Act, as a covered entity RS Medical is required to notify patients of a breach of their unsecured PHI. The Privacy Officer will determine if the situation falls under the notification requirements, and will contact the patient. The Privacy Officer is also responsible for maintaining records on all PHI breaches.

An annual report of any breaches of patient PHI will be made to the Secretary of the Department of Health and Human Services.

In certain situations, the media must be notified of a PHI breach, and a report to the Secretary of the Department of Health and Human Services must be made at that time. The Privacy Officer will determine if the situation falls under this requirement, and will be responsible for the necessary actions.

VI. HOW TO COMPLAIN ABOUT OUR PRIVACY PRACTICES
If you think that we may have violated your privacy rights, or you disagree with a decision we made about access to your PHI, you may file a complaint with the person listed in Section VI below. You also may send a written complaint to the Secretary of the Department of Health and Human Services (200 Independence Avenue, S.W., Washington, DC 20201). We will take no retaliatory action against you if you file a complaint about our privacy practices.

VII. PERSON TO CONTACT FOR INFORMATION ABOUT THIS NOTICE OR TO COMPLAIN ABOUT OUR PRIVACY PRACTICES
If you have any questions about this notice or any complaints about our privacy practices, or would like to know how to file a complaint with the Secretary of the Department of Health and Human Services, please contact:


RS Medical Privacy Officer
14001 SE First Street
Vancouver, WA 98684
360-892-0339
e-mail: privacyofficer@rsmedical.com

VIII. EFFECTIVE DATE OF THIS NOTICE
This notice went into effect on April 14, 2003.

PRIVACY STATEMENT

RS Medical is committed to protecting your privacy. This privacy statement explains data collection and use practices of RS Medical. By providing personal information to us, you are consenting to the information collection and use practices described in this privacy statement.

Personal information you provide on this website will not be shared outside of RS Medical without your permission. When you contact RS Medical with questions, suggestions or requests for information, you provide to RS Medical information that personally identifies you (personal information). The personal information we collect includes your name, address and e-mail address. RS Medical may use your personal information to contact you to participate in a market research survey so that we can gauge customer satisfaction.

In addition, our website may collect certain information about your visit that does not personally identify you. This information may include the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the website; the pages that you access while at the website and the browser you used to access this website. This information is used to help improve the website, analyze trends, and administer the website.

The RS Medical Privacy Statement is subject to change at any time. We encourage you to review the privacy policy regularly for any changes.

If you have any questions regarding this statement or if you believe that we have not adhered to this privacy statement, please contact us at the following address:

RS Medical Privacy Officer
14001 SE First Street
Vancouver, WA 98684
360-892-0339
e-mail: privacyofficer@rsmedical.com

COMPLIANCE POLICY

RS Medical's reputation for legal, moral and ethical behavior is one of our most valuable assets. As such, RS Medical is committed to following the highest ethical standards as well as all legal requirements. RS Medical strives to identify and comply with all laws, regulations and guidelines regarding interactions with healthcare professionals, payors and patients who are prescribed our products.

It is the duty of all our employees to comply with all applicable laws, rules, regulations, and company policies and procedures. Employees should contact RS Medical's Compliance Officer, or Compliance Committee to ask questions or obtain advice on compliance related issues.

RS Medical employees and affiliated professionals shall:

  • Deal openly and honestly with fellow employees, customers, contractors, government entities and others
  • Maintain high standards of business and ethical conduct in accordance with applicable federal, state, and local laws and regulations including fraud, waste and abuse
  • Adhere to both the spirit and letter of applicable federal, state and local laws and regulations
  • Practice good faith in transactions occurring during the course of business
  • Conduct business dealings in a manner such that the Organization shall be the beneficiary of such dealings
  • Preserve patient confidentiality unless there is written permission to divulge information, except as required by law
  • Refuse any illegal offers, solicitation, payments, or other remuneration to induce referrals of the people we serve for an item or service reimbursable by a third party
  • Disclose financial interests/affiliations with outside entities to a member of the Executive Staff of the Company as required by the Conflict of Interest Statement
  • Hold vendors to the same Code of Conduct as part of their dealings with RS Medical
  • Notify his or her lead, supervisor, manager or, in the alternative, Compliance Officer or Corporate Compliance Committee of instances of non-compliance
  • Ensure compliance requirements regarding coding and billing are monitored and enforced
  • Use supplies and services in a manner that avoids waste
  • Protect and retain records and documents as required by professional standards, governmental regulations and organizational policies
  • Exercise discretion in the coding and billing of services, regardless of payor source
  • RS Medical will not hire or contract with individuals or entities that have been excluded from participation in Federal healthcare programs or any other Federal procurement or non-procurement program

All directors/trustees, officers, managers, employees, volunteers, students and others are informed of this Code of Conduct and sign an Affirmation Statement indicating their adherence to the Code of Conduct. However, this Code of Conduct does not replace sound ethical and professional judgment.

The Code of Conduct is read, agreed to and signed by all employees upon hire. In addition, the annual testing of the Compliance Manual shall include material from the Code.

CMS Supplier Standards

Prepared by Medicare National Supplier Clearinghouse


Note: This is an abbreviated version of the supplier standards every Medicare DMEPOS supplier must meet in order to obtain and retain their billing privileges. These standards, in their entirety, are listed in 42 C.F.R. 424.57(c).

  1. A supplier must be in compliance with all applicable Federal and State licensure and regulatory requirements and cannot contract with an individual or entity to provide licensed services.
  2. A supplier must provide complete and accurate information on the DMEPOS supplier application. Any changes to this information must be reported to the National Supplier Clearinghouse within 30 days.
  3. An authorized individual (one whose signature is binding) must sign the application for billing privileges.
  4. A supplier must fill orders from its own inventory, or must contract with other companies for the purchase of items necessary to fill the order. A supplier may not contract with any entity that is currently excluded from the Medicare program, any State health care programs, or from any other Federal procurement or non-procurement programs.
  5. A supplier must advise beneficiaries that they may rent or purchase inexpensive or routinely purchased durable medical equipment, and of the purchase option for capped rental equipment.
  6. A supplier must notify beneficiaries of warranty coverage and honor all warranties under applicable State law, and repair or replace free of charge Medicare covered items that are under warranty.
  7. A supplier must maintain a physical facility on an appropriate site. This standard requires that the location is accessible to the public and staffed during posted hours of business. The location must be at least 200 square feet and contain space for storing records.
  8. A supplier must permit CMS, or its agents to conduct on-site inspections to ascertain the supplier’s compliance with these standards. The supplier location must be accessible to beneficiaries during reasonable business hours, and must maintain a visible sign and posted hours of operation.
  9. A supplier must maintain a primary business telephone listed under the name of the business in a local directory or a toll free number available through directory assistance. The exclusive use of a beeper, answering machine, answering service or cell phone during posted business hours is prohibited.
  10. A supplier must have comprehensive liability insurance in the amount of at least $300,000 that covers both the supplier’s place of business and all customers and employees of the supplier. If the supplier manufactures its own items, this insurance must also cover product liability and completed operations.
  11. A supplier must agree not to initiate telephone contact with beneficiaries, with a few exceptions allowed. This standard prohibits suppliers from contacting a Medicare beneficiary based on a physician’s oral order unless an exception applies.
  12. A supplier is responsible for delivery and must instruct beneficiaries on use of Medicare covered items, and maintain proof of delivery.
  13. A supplier must answer questions and respond to complaints of beneficiaries, and maintain documentation of such contacts.
  14. A supplier must maintain and replace at no charge or repair directly, or through a service contract with another company, Medicare-covered items it has rented to beneficiaries.
  15. A supplier must accept returns of substandard (less than full quality for the particular item) or unsuitable items (inappropriate for the beneficiary at the time it was fitted and rented or sold) from beneficiaries.
  16. A supplier must disclose these supplier standards to each beneficiary to whom it supplies a Medicare-covered item.
  17. A supplier must disclose to the government any person having ownership, financial, or control interest in the supplier.
  18. A supplier must not convey or reassign a supplier number; i.e., the supplier may not sell or allow another entity to use its Medicare billing number.
  19. A supplier must have a complaint resolution protocol established to address beneficiary complaints that relate to these standards. A record of these complaints must be maintained at the physical facility.
  20. Complaint records must include: the name, address, telephone number and health insurance claim number of the beneficiary, a summary of the complaint, and any actions taken to resolve it.
  21. A supplier must agree to furnish CMS any information required by the Medicare statute and implementing regulations.
  22. All suppliers must be accredited by a CMS-approved accreditation organization in order to receive and retain a supplier billing number. The accreditation must indicate the specific products and services, for which the supplier is accredited in order for the supplier to receive payment of those specific products and services (except for certain exempt pharmaceuticals). Implementation Date - October 1, 2009
  23. All suppliers must notify their accreditation organization when a new DMEPOS location is opened.
  24. All supplier locations, whether owned or subcontracted, must meet the DMEPOS quality standards and be separately accredited in order to bill Medicare.
  25. All suppliers must disclose upon enrollment all products and services, including the addition of new product lines for which they are seeking accreditation.
  26. Must meet the surety bond requirements specified in 42 C.F.R. 424.57(c). Implementation date- May 4, 2009
  27. A supplier must obtain oxygen from a state- licensed oxygen supplier.
  28. A supplier must maintain ordering and referring documentation consistent with provisions found in 42 C.F.R. 424.516(f).
  29. DMEPOS suppliers are prohibited from sharing a practice location with certain other Medicare providers and suppliers.
  30. DMEPOS suppliers must remain open to the public for a minimum of 30 hours per week with certain exceptions.