Right Should Rule Over Might
The Supreme Court Justice Louis D. Brandeis stated that “Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law.”

Recently a situation occurred that made me think about Judge Brandeis and how he stood up for average citizens. I have read and heard of many incidents of the Office of Inspector General (OIG) and other government agencies doing outrageous things in their quest to find and prosecute fraud and abuse in the health care industry. Usually I shrug my shoulders and think that since it is no one I know, it is just news. But when someone I know well has his place of business invaded by a posse of agents without warning, I take notice.

I always thought that in the United States of America a person is innocent until proven guilty. But the agents came with their subpoenas in hand and appeared to have a serious mindset that my friend was guilty of heinous crimes and they must close him down.

Can this happen to any DME dealer? I certainly hope not, but it might.

My friend opened his business in the usual fashion one morning and without any notice between 15 and 20 law enforcement agents from several agencies came storming onto the premises. They herded all the employees into separate areas and did not even allow them to make a phone call. They rifled though records and computers and took whatever they felt would justify their accusations. My friend was not allowed to do anything. Phones were not answered, calls were not made, and the patients who required service that day did not receive any.

I will not attempt to defend my friend. I know him well and am sure that he and his company will be completely exonerated. But I object to this technique of entering any establishment without notice and treating people like criminals. I consider this breaking the law.

I am aware that there is a degree of fraud and abuse happening in the DME end of the health supply chain, but the percentage of DME dealers who are not 100% legitimate is very small—probably less than in any other facet of the health care system. I have no contempt for the law, but I do not approve of the Wild-West rough and tumble attempts at reinforcing it. Gestapo-like tactics should not be tolerated.

I have been an integral part of this industry for more than 15 years. It hurts me when someone is subjected to these types of attacks. We need more justices with the empathy of Judge Brandeis.

—Sheldon Prial
Homecare Providers Co-op
Melbourne, Fla

Please send letters to Editor, Home Health Care Dealer/Provider, 6701 Center Drive West, Suite 450, Los Angeles, CA 90045, or email llindahl@medpubs.com.