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Supply reselling (hoping not to start a flame war)
#11
(12-18-2015, 01:33 PM)Sleeprider Wrote: "Mask components are legal to sell without prescriptions, so legitimate DMEs may sell pillows, cushions, mask frames and headgear."

True enough that legitimate DMEs may sell mask components. The board Admin has taken the standpoint that the transfer mask parts may not be facilitated via the forum.

When dealing with Federal Laws, there is a legal concept called structuring. I am familiar of two areas where the Feds take action on structuring.

One is in the area of financial transactions. And example would be "structuring" cash withdrawals or deposits to evade laws requiring the reporting of cash transactions above a certain limit.

The other is in firearms transfers which are highly regulated; but may have some exceptions: say for a transfer from parent to child; but not from sibling to sibling. Transfer to the parent for subsequent transfer to the sibling is a structured transfer that may be legal when looked at on the basis of individual steps; but as a whole, it constitutes a crime.

Although it may be legal to transfer a mask part, one could conceivably create an entire mask from parts. To date, no federal case has been filed in this area. Too be on the side of caution, the board prohibits the facilitation of the transfer of mask parts to avoid running the risk of being caught in charge of structuring.
INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.
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#12
I'm sure there are people who resell CPAP stuff as part of what is legally insurance fraud. e.g. get the parts with the intention to resell them instead of using them.

What constitutes medicare/insurance fraud may be complicated. Is it fraud if you intended to use it, but ended up not doing so? i.e. reselling the extra cushions that were a different size, or parts you no longer need because you changed masks or machines.

As with the gun sales, it's not necessarily what's legal, it's what Big Brother or Big Business wants to make a big deal of. If the gomernment decides you're wrong, it doesn't matter if you're right, the process of fighting it is bad enough that it constitutes "guilty until proven innocent," or maybe "guilty even if proven innocent."

Reselling equipment vs. prescription requirements is a similar question. You might come up with some rationale that it's legal, but if Big Brother/Big Business comes after you, you're basically guilty if they want you to be.

I agree with the boss that we don't do that on this board.
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#13
This really seems insane to me. I can understand the purpose of protecting the public from something that, if misused, could cause serious harm, in the realm of the cpap machine. That being said, why in the world would the federal government for a second even care about a few pieces of plastic and silicone that make up a mask!? A mask is absolutely nothing without the machine. You can buy all kinds of scuba equipment and masks with no perscription and no restrictions... and I would say, that equipment has way more danger associated with it than a cpap mask.

It's all kind of silly.
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#14
I used to get supplies automatically from an online DME. Since I never used them as fast as the company sent them, I donated most of the supplies to Supplier #2 who handles donations for the American Sleep Apnea Association and took a tax write-off. This also explains why I have pillows for a mask that is no longer available to purchase and filters that should last me another 10 years. Eat-popcorn
INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. 
ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA.
INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINIONS ONLY AND NOT NECESSARILY STATEMENTS OF FACT.
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#15
(12-18-2015, 11:43 PM)srmousse Wrote: This really seems insane to me. I can understand the purpose of protecting the public from something that, if misused, could cause serious harm, in the realm of the cpap machine. That being said, why in the world would the federal government for a second even care about a few pieces of plastic and silicone that make up a mask!? A mask is absolutely nothing without the machine. You can buy all kinds of scuba equipment and masks with no perscription and no restrictions... and I would say, that equipment has way more danger associated with it than a cpap mask.

It's all kind of silly.

It is silly. But, we could lose apneaboard if the FDA filed a charge that had to be defended. Please trust me that our Admin, SuperSleeper, has made these policies in the best interest of the board. The same is true of the no-commercial links policy. (Each subforum may have differing rules on commercial links.)
INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.
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#16
I have frequently purchased supplies on eBay. Some purchases have been from online DME's, and some have been from other CPAP patients. I even purchased a mask on Craigslist for $20 from another CPAP patient once. Sometimes I get old stock that has sat in the closet for years, but is still perfectly good. I even sold a wrong-sized chinstrap on eBay once. I'm not aware of any patients deliberately ordering too many supplies and reselling them, though.

This past summer, eBay was glutted with replacement parts for the Mirage Activa, so I stockpiled several years' worth, dirt cheap. It will be a long time before I buy another mask.
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#17
(12-19-2015, 12:41 AM)justMongo Wrote: It is silly. But, we could lose apneaboard if the FDA filed a charge that had to be defended. Please trust me that our Admin, SuperSleeper, has made these policies in the best interest of the board. The same is true of the no-commercial links policy. (Each subforum may have differing rules on commercial links.)

Oh, I don't mean silly for the forum, it's smart, and necessary for the forum. I am saying it is ridiculous for the US government.
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#18
(12-20-2015, 12:02 AM)srmousse Wrote: Oh, I don't mean silly for the forum, it's smart, and necessary for the forum. I am saying it is ridiculous for the US government.

You're preaching to the choir. Big Grin
INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.
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