Dentist Required to have a Surety Bond

Pursuant to 42 CFR § 424.57(d)(15)(i)(C) Physicians and non-physician practitioners as defined in section 1842(b)(18) of the Act are provided an exception to the surety bond requirement when items are furnished only to the physician or non-physician practitioner's own patients as part of his or her physician service. In recent years the NSC has seen a spike in the enrollment of Dentists for DMEPOS services. As physicians, dentists were initially allowed the exemption for the surety bond requirement. However, as most dentists are providing items that have been prescribed by other providers, it has been determined that they do not meet the requirements of this exemption. Note that 42 CFR § 424.57(d)(15)(ii) states a DMEPOS supplier that no longer qualifies for an exception as described in paragraph (d)(15)(i) of this section must submit a surety bond to the CMS contractor in accordance with requirements of paragraph (d) of this section within 60 days after it knows or has reason to know that it no longer meets the criteria for an exception.


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