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Changes to Medicaid-purchased Durable Medical Equipment Ownership in Delaware

Ryan Ford
Staff Attorney
Disabilities Law Program, Community Legal Aid Society, Inc.

On December 10, 2010, a new regulation changing the rules regarding ownership of certain types of Medicaid-purchased assistive technology (AT) and Durable Medical Equipment¹ (DME) took effect. The regulation amended the old rule in the Delaware Medical Assistance Program (DMAP) Provider Manual granting ownership of AT/DME purchased through Medicaid to the Medicaid beneficiary.

The new regulation assigns ownership of certain types of Medicaid-purchased DME to the Division of Medicaid and Medical Assistance (DMMA). This regulation grants ownership of a wide range of items—augmentative communication devices (AAC), bath benches, bi-pap and c-pap machines, car seats, commodes, feeder seats, feeding pumps, gait trainers, hospital beds and related accessories, nebulizers, oxygen concentrators, patient lifts, quad canes, scooters, shower chairs, standers, strollers, walkers, wheelchairs and related accessories—to DMMA. Although owned by DMMA, the DME may be used by the Medicaid beneficiary until it is no longer medically necessary. Medicaid-purchased DME that is not listed in the regulation remains the property of the Medicaid beneficiary.

The regulation is the first step towards DMMA implementation of a DME “retrieval program.” This program, operated by the Center for Disabilities Studies (CDS) at the University of Delaware, will contact Medicaid beneficiaries provided with AT/DME to assess whether the equipment is
meeting their needs. If the equipment is no longer needed, or the beneficiary has passed away, the equipment will be retrieved by Goodwill of Delaware and Delaware County, the organization contracted by CDS to manage equipment reclamation and refurbishing.

DMMA-owned AT/DME recovered through the retrieval program will provide inventory for “Goodwill Medical Equipment.” Once the equipment has been retrieved, Goodwill will sanitize, refurbish, and repair recovered AT/DME for distribution to Delawareans who otherwise would not have access to the equipment.

The regulation and retrieval program is a response to concerns about consumers selling Medicaid-purchased DME on “Craigslist” or the Delaware Assistive Technology Initiative’s AT Exchange soon after delivery. By assigning ownership of certain types of Medicaid-purchased DME to DMMA, the regulation should reduce the incidence of such sales and increase the availability of high-quality DME to uninsured and underinsured Delawareans.

¹Durable medical equipment (DME) is medical equipment that can withstand repeated use, serves a medical purpose, is not useful in the absence of an illness or injury, and is appropriate for home use.

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