I have! I have been part of lawsuits against an ME here in Hampton Roads and another in Atlanta. It's difficult getting traction with these crooks when they play that safety card. This is a work in progress! People are working on it. This is also why the FMCSA has backed off some!
This is actually a Medicare guideline that other insurers follow. BUT this is only for an initial compliance period of 90 days. The Medicare rule is you have to use the machine a min of 4hr per night 70% of the time, for a consecutive 30 day period over 90 days. In a nutshell You have 90 days to be compliant. after that 90 days medicare will no longer monitor it, and will rent the machine for another 10 months (for 13 months total) and then you own the machine. Obviously with medicare there is a 20% copay.
Thank you! While I am bound by the settlement confidentiality I can say the ME in Atlanta is still a provider but no longer does DOT Physicals. The ME here in Hampton Roads has left this area but I can no longer find their name in the FMCSA ME lists. The Attorney that took the Atlanta case to court spent over a hundred hours studying forensic financial data about this ME and how they accepted the money. They do a great job of trying to hide the cash, but it can be found. The "discovery" process is amazing once you know what to look for! Also, the investigator has access to a lady that worked with CPAP going back to the 90s. I'm not part of this anymore, but I understand an ME and a Sleep lab operator in St Louis is close to being served papers.