HOUSE CONCURRENT RESOLUTION NO. 53
(By Delegates Perdue, Hatfield, Brown, DeLong, Fleischauer,
Foster, Frederick, Hrutkay, Iaquinta, Leach, Mahan, Paxton,
Spencer, Susman, Warner, Webster, Yost, Ashley, Carmichael, Hall,
Howard, Schadler, Sobonya, Sumner and Wakim)
(Originating in the Committee on Health and Human Resources)
[February 26, 2004]
Requesting the joint committee on government and finance to conduct
a study on fraudulent sales of durable medical equipment to
West Virginia's seniors.
WHEREAS, Durable Medical Equipment (DME) is reusable medical
equipment ordered by a physician - i.e. power wheelchairs, walkers,
hospital beds; and
WHEREAS, While the majority of DME providers are reputable,
some providers use unethical sales tactics thus committing fraud on
seniors; and
WHEREAS, These unscrupulous providers use a variety of high
pressure techniques in obtaining medicare health insurance claim
numbers and purchase agreements; and
WHEREAS, Currently, power wheelchair providers are examples of
providers who may use tactics and advertizing to create a need for
these products - often advertising "free to the patient" or
"medicare may provide for you"; and
WHEREAS, These providers also prey on seniors by coming into
their homes and making them endure hours of high pressure sales techniques often not leaving until a purchase is made; and
WHEREAS, Seniors who succumb to these techniques purchase
these products without realizing the exact costs and services
provided; and
WHEREAS, The West Virginia Legislature should look into
enacting legislation that would prevent DME providers from
committing consumer fraud and manipulating the market of durable
medical equipment in an effort to protect the seniors in West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
requested to make a study on deceptive sales techniques of durable
medical equipment to West Virginia's senior; and, be it
Further Resolved, That the joint committee on government and
finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and draft necessary legislation be paid
from legislative appropriations to the joint committee on
government and finance.