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.