Interesting call from Philips Resperonics

I messaged Philips Resperonics on Facebook asking if they provided DMEs with non-branding blister packs, and showed them a comparison photo. I got a call back about 48 hours later with a product specialist and she was alarmed about a generic knock-off that's on the market. She filed a report on the matter. I'm assuming the Philips Resperonics' products are patent protected, then if the rep was this concerned?

kbh209 wrote:I messaged Philips Resperonics on Facebook asking if they provided DMEs with non-branding blister packs, and showed them a comparison photo. I got a call back about 48 hours later with a product specialist and she was alarmed about a generic knock-off that's on the market. She filed a report on the matter. I'm assuming the Philips Resperonics' products are patent protected, then if the rep was this concerned?

Of course their products are patent protected. But it's more than that. They're concerned about imitation products that look like the real thing, but aren't. Same as any company that makes a name-brand product that winds up with imitations of the real thing on the market.

Actually, suitable masks were not commercially available before xPAP machines. The masks that existed before would deliver certain gasses (oxygen, laughing gas, etc.), but did not deliver any specific pressure.

However, some form of commercial xPAP has been available since the mid-1980s, so you could get thirty year-old masks and supplies.

Is there a third party knock-off of the AirTouch F20 cushion?
Medicare will not meet Resmed's price, so I cannot get them.

chunkyfrog wrote:Medicare will not meet Resmed's price, so I cannot get them.

Medicare pays X amount of dollars (or allows X amount) for any cushion.
If the DME is NOT willing to be happy with what Medicare allows then the problem is with the DME.
They are unhappy with not getting enough profit....or maybe any profit if their wholesale cost is below Medicare's allowable rate for the replacement cushion. Maybe special ordering just one cushion doesn't give them a good enough price point...who knows.

The MSRP has nothing to do with it when it comes to DMEs and Medicare if the DME is a participating provider.

I have had my DME tell me that special ordering one mask doesn't give them enough profit incentive to do it. At least they were honest about it.
They would make money...but not enough to make them happy and justify the "extra work".

robysue wrote: ...
Of course their products are patent protected. But it's more than that. They're concerned about imitation products that look like the real thing, but aren't. Same as any company that makes a name-brand product that winds up with imitations of the real thing on the market.

Each new mask is also protected by what is called a design patent. That protects the company from competitors making "exact" copies and passing them off as the real thing.
From the company's point of view, the competitor may be making what looks like the same thing but doesn't actually perform exactly like the same thing thus putting the patient at risk while putting the company's reputation at risk. They also are concerned by the loss of profits in the sale of their product. Each mask is likely subjected to rigorous testing and quality control to prove that the mask does indeed do what the company designed it for and assuring the patient that it will provided the proper treatment when used. Third party rip-offs eliminate those patient protections and can damage the company at the same time.

Many years ago I heard local radio advertising for travel suitcases that had wheels and were referred to as Roll-a-Board cases but were not made by that company. It was an infringement of their copyright of that name. I called the company and reported the radio station and the date and time of the infringement and to the best of my knowledge, the ad was cancelled that day.

This is a similar situation and the OP did exactly the right thing.

kbh209 wrote:I messaged Philips Resperonics on Facebook asking if they provided DMEs with non-branding blister packs, and showed them a comparison photo. I got a call back about 48 hours later with a product specialist and she was alarmed about a generic knock-off that's on the market. She filed a report on the matter. I'm assuming the Philips Resperonics' products are patent protected, then if the rep was this concerned?

Which product was this?

Guest wrote:Which product was this?

viewtopic.php?f=1&t=155506&p=1185172#p1185172

This is kbh209, just didn't sign in on my phone.
So, I called my DME and left a message for them to call me back on the matter. If I don't get a call back, I'm reporting them to Medicare, because they're billing them for the name brand product. I'll be asking my sleep specialist if I can go back to Lincare, since there were no problems with them.

Guest wrote:This is kbh209, just didn't sign in on my phone.
So, I called my DME and left a message for them to call me back on the matter. If I don't get a call back, I'm reporting them to Medicare, because they're billing them for the name brand product. I'll be asking my sleep specialist if I can go back to Lincare, since there were no problems with them.

Since Medicare billing is based on Codes I doubt they care what type of package it is in or even if it is a bootleg copy violating a patent, I think that would be up to the mfg.

Not to turn into a discussion about the Pros and Cons of Lincare, but I've not exerpeinced anything negative about them. I tried keeping them but my sleep specialist's office confused if Lincare was accepting Medicare and my secondary insurance, Health Plan of San Joaquin (HMO manged Medicaid). That's a different issue.

As far as Medicare not caring about being charged for the name brand product, for the generic, that's possible. I'm still only three years in, on being a Medicare patient. I assume they'd want to know they're being billed for say the Lobster dish, when in fact the dish was just crawdad.

kbh209 wrote: As far as Medicare not caring about being charged for the name brand product, for the generic, that's possible. I'm still only three years in, on being a Medicare patient. I assume they'd want to know they're being billed for say the Lobster dish, when in fact the dish was just crawdad.

Medicare really doesn't care whether the DME sells you lobster or crawfish (which can be yummy if they're cooked right down in LA.)

They go by code. Medicare will pay a fixed maximum amount for any product that can be legally billed under a particular code. This does give the shadier DMEs the incentive to sell Medicare patients the cheapest product that can be billed under a code while billing Medicare the maximum amount that Medicare will reimburse. And most other insurance companies work the same way.

thanks to everybody for the answers. To save myself stress, I won't make a complaint to Medicare. I will use the generic mask to see how well it works in comparison to the actual name brand, in the next couple of days. If it doesn't do what it should, I'll ask my sleep specialist if I can return to my prior DME.

I had forgot to chime in but it was a Phillips Resperonics mask. A supervisor to the supervisor got a hold of me via e-mail to clarify that they have these packages for local medical equipment stores.