As a Physician Who Owns a DME, Am I Exempt From the CBP?

Published on
April 16, 2026

In short, no.

Physicians who own DMEs are not exempt from DMEPOS Competitive Bidding Program (CBP) requirements. They apply regardless of WHO owns the company.

As a Physician Who Owns a DME, Am I Exempt From the CBP?

However, according to the DMEPOS CBP FAQ:

There are situations where specific types of competitive bidding items may be furnished by a hospital, physician, treating practitioner, physical therapist, or occupational therapist who is not awarded contracts under the CBP. The hospital, physician, treating practitioner, physical therapist, or occupational therapist doesn’t have to be a contract supplier in these cases, and CMS pays for the item based on the applicable single payment amount.

The FAQ goes on to outline the specific situations that would fall under this stipulation.

First, all of these items would have to apply:

  1. The furnished items are crutches, canes, walkers, folding manual wheelchairs, blood glucose monitors, infusion pumps (DME), and off-the-shelf (OTS) orthotics.
  2. The physician  furnishes the items to their own patients as part of their professional service or the hospital furnishes the items to its own patients during an admission or on the date of discharge.
  3. The items are billed under a billing number assigned to the hospital, physician, the treating practitioner (if possible), or a group practice to which the physician or treating practitioner has reassigned the right to get Medicare payment.

Alternatively:

A private practice physical therapist or occupational therapist may furnish competitively bid OTS orthotics without submitting a bid and being awarded a contract under the CBP. This applies IF the therapist furnishes the items to their own patients as part of their service. 

Learn more about these two exceptions here: https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-414/subpart-F/section-414.404

Overall, however, the answer is no - a physician who owns a DME is not exempt from DMEPOS CBP.

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