HTM Discussion Group

Useing CMS regulations as advertisement?

  • 1.  Useing CMS regulations as advertisement?

    Posted 07-03-2018 15:14
    ​Hello all

    Today I was e-mailed a Service Sales brochure from a Laser manufacture which actually quoted CMS regulations. It has to be the first time a manufacture has even seemed aware of the regulations hospitals fall under. But, it is not actually good news.

    You see in this literature being distributed to the purchasers and end users to sell service contracts.  This vendor claims that as a laser, the product must be service as the manufacture recommends, and is not eligible for an AEM. The implications in the brochure are that in-house HTM is an AEM.

    They have also used the misquoted regulations to eliminate the training of In-house technicians to service the laser. They site the use of NIST traceable test equipment as if that makes them unique.

    Well, these are the tactics to remove the right to repair.

    Anyone have any suggestions on how to correct the misuse of the regulations to stifle competition?

    I did call them on the misinformation, but I doubt I will change the marketing plans of any manufacturer.


    Mark Woods CBET AS CHTM
    Director of Clinical Engineering
    The Cheshire Medical Center
    Keene NH
    (603) 354-5454 x2038

  • 2.  RE: Useing CMS regulations as advertisement?

    Posted 07-04-2018 08:10
    ​Hello Mark,

    What the vendor is stating is true, however, using your in-house resources does not have to mean that you are using an AEM.  Just follow the procedures provided by the manufacturer.  They are required to provide a service manual including PM procedures by law due to the hazardous output of the device.

    That is an interesting spin on the requirements to try to push customers into a contract but it is just flat out not true.

    What drives me crazy is that the manufacturers don't even follow their own written PM procedures on items they have covered by a service contract.  I have seen this over and over.  They want the contract and they want to dictate what you have to do on the PM if you don't have a contract yet their own service personnel are exempt from doing things by the book!  And they wonder why us in-house folks harbor such animosity toward them!

    Good Luck and Happy 4th!

    Joe Howe

    Joe Howe

  • 3.  RE: Useing CMS regulations as advertisement?

    Posted 07-05-2018 07:21
    I haven't seen the sales brochure, but based on what you are saying it doesn't sound like misinformation. The statement that service must follow manufacturer recommendations is accurate, as is the statement that it is not eligible for an AEM. I don't see how citing the the need to use NIST traceable test equipment is misinformation either. What I'm not sure about without seeing the rest of the brochure are the implications you mention. Just based on the information provided, I don't see how the brochure implies that an in-house HTM department is an AEM. AEM isn't who, it's how.

    But just to answer your question, unless there is additional information in the brochure that is specifically misquoting regulations, I don't think there is anything you can do about it. Service organizations are going to put their spin on information to sell their product. As long as they aren't outright lying, it's part of the game.

    Kenneth Maddock
    Quality Director
    ARAMARK Healthcare Technologies
    Charlotte NC
    (704) 948-5786

  • 4.  RE: Useing CMS regulations as advertisement?

    Posted 07-06-2018 07:36

    Hello Kenneth


    The first statement I objected to was that the company does not train on the equipment due to FDA and CMS regulations, so no one but the company can repair it.


    The second was the list of unique qualifications of the factory service, which quoted using NIST calibrated test equipment.


    It is targeted to the Physicians and purchasers, and paints anything but factory service as against regulations.





    Mark Woods, Director of Clinical Engineering

    603 354 5454 2038



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