Lawsuit Update: LCPC, VGM consider a third lawsuit

          Last Chance for Patient Choice and VGM Group, Inc., are investigating filing a third lawsuit based on the principle that the competitive bidding process denies HME providers’ constitutional due process.
            “Our proof would be the huge mess that has resulted from the apparently botched bid review and analysis process by CMS through which many, many providers were apparently denied an opportunity to have their bids considered because of perceived problems with their bid packages,” says Jim Walsh, VGM corporate counsel. “In fact, the packages were either adequate in the first place or CMS failed to notify them that their packages lacked key items before the bid window closed. The original bid instructions indicated that would be done.”