Marko & Magolnick News

(Miami) – In another important and novel legal challenge to the recently conducted Round One DMEPOS Competitive Bidding Program, two Miami law firms (de la O, Marko, Magolnick & Leyton and Kravitz & Talamo LLP) are filing a bid protest in the Court of Federal Claims on behalf of the All Florida Network, a network of DME providers that was wrongfully disqualified from the bidding competition in the Miami-Ft. Lauderdale-Miami Beach-FL CBA.  A copy of the Complaint is located here.

The Plaintiff was disqualified for supposedly failing to furnish CMS and CBIC with required financial documentation when, in fact, Plaintiff submitted everything required by the bid rules. An emergency motion for preliminary injunction is forthcoming, and Plaintiff will seek an expedited hearing before 07.01.08 (the day the Round One contracts become effective).

The Court of Federal Claims Action is the fourth suit filed against Medicare for failing to conduct the DMEPOS competitive procurement in a legal and accurate fashion. This action was coordinated with other industry stake holders and was supported by the efforts of VGM, AAHomecare and particularly by AMEPA who provided invaluable timely information dealing with procurement process around the country.

This action may pave the way for similar claims by wrongfully-disqualified DME bidders. For more information about the lawsuit, please contact Daniel L. Leyton (de la O, Marko, Magolnick & Leyton) or Javier Talamo (Kravitz & Talamo).