I'm glad that you found my information useful, and I'm relieved that you are not uncomfortable with the erasure of your data. For other readers, particularly in the US, I would remind you of the posting provided on 21 July:
viewtopic.php?t=33300
If this is accurate, and if private insurers in the US follow Medicare's lead (which they usually do), then many of us will need to pay much more attention to maintaining the availability of summary compliance data. (Wonder what the impact of Respironics' reported loss of nights of data will be??)akacpapguy wrote:Medicare is getting a little more specific with it's PAP policies, which I think is a good thing. One biggie for B&M DME's is this one (Documentation of adherence to PAP therapy shall be accomplished through direct download of usage data. This information does not have to be submitted with the claim but must be available upon request.) ....
Slinky:
Yes, these products (AutoScan, ResScan, EncorePro) do technically require prescription in the US. (Interestingly, I cannot find a similar statement on Encore Viewer!) This has always been the case. As I wrote, "FDA has always approved and regulated medical software in the USA". That's just the point. FDA says that with a prescription, they CAN be sold. But ResMed and Respironics now appear to be telling their sellers that these products CANNOT be sold to US patients, period. That excess is a business decision, not a regulatory mandate, as far as I can see.
ResMed does make a strong case. Their "Preferred Internet Provider" policy includes the requirement that sellers:
http://www.resmed.com/en-us/patients/in ... nu=dealers
which sounds eminently reasonable. And their FDA approval documentation includes the "labeling" that "The ResScan software is intended to be used by clinicianswith ResMed flow generators that have software incorporating ResMed's proprietary communication protocol." Thus, sale to patients would constitute off-label use.ResMed wrote:Refrain from misbranding, altering the intended use of or promoting off-label uses for ResMed products.
However, by way of comparison, for pharmaceuticals, once a drug is approved by FDA for any use, a licensed physician may prescribe it for any purpose and in any manner, even if not included in the labeling. A pharmacist may sell the drug, with prescription, even if they know that it is for an unlabelled use. What ResMed and Respironics appear to have done is to go beyond regulatory requirements, based on business considerations. They talk a very good game to support this action in the name of patient safety, but it all appears to be business, not regulation.
Of course, there is more or less adherence to all of these restrictions. And even more or less adherence to FDA regulations. Technically, CPAP masks can be sold only with prescription; this is routinely ignored. (I'm looking at the user guide for the UMFF mask and find the familiar words: "In the USA, federal law restricts this device to sale by or on the order of, a physician"). But almost no online sellers require a Rx for masks. Violation of the law?? Putting patients in danger?? I'll pass on that one.
Bottom line: as I said in my first post in this topic, the CPAP manufacturers CLAIM to be restricting software sale for reasons of patient protection. You seem to indicate that you felt that they were responding to FDA regulatory pressure. I remain unconvinced of that, in the absence of specific evidence.


