Description of Event or Problem · 0
I AM GENERATING THIS LETTER TO YOUR ATTENTION PURSUANT TO AN ISSUE THAT I AM HAVING WITH (B)(4) CHANGING OUT MY BI-PAP DEVICE FOR ANOTHER BRAND. I WAS ORIGINALLY ISSUED A LUNA BI-PAP MACHINE IN (B)(6) 2023. THE MACHINE THAT WAS ORIGINALLY SENT TO ME DID NOT OPERATE BECAUSE (B)(4) SENT ME THE WRONG WATER RESERVOIR AND HOSE FOR THE UNIT. I HAD CONTACTED (B)(4) AND HAD TO LEAVE A MESSAGE. EVENTUALLY, SOMEONE FROM (B)(4) CONTACTED ME AND SUBSEQUENTLY SUPPLIED ME WITH A WORKING LUNA DEVICE AND PARTS. I WAS HAVING ISSUES WITH THE DEVICE CAUSING ME LABORED BREATHING AND THE RESERVOIR WAS NOT WORKING PROPERLY. THE WATER WOULD NOT DISPENSE, AND I WAS NOT GETTING ANY HUMIDIFICATION WHEN BREATHING AND MY TONGUE AND MOUTH WERE VERY DRY HALFWAY THROUGH THE NIGHT. I HAD FOLLOWED UP WITH MY PHYSICIAN WHO INDICATED TO ME THAT THE DEVICE I HAVE IS NOT THE PROPER MACHINE TO USE AND SHE HIGHLY RECOMMENDS THAT I CHANGE THE MACHINE AS SOON AS POSSIBLE. SHE MENTIONED THAT SHE WOULD SEND IN A PRESCRIPTION TO (B)(4) FOR A DIFFERENT BRAND OF BI-PAP-MACHINE. MY PHYSICIAN ALSO STATED THAT SHE COULD NOT AUTOMATICALLY DOWNLOAD THE SLEEP DATA OVER THE COMPUTER THAT SHE NEEDED TO MONITOR MY PROGRESS, LIKE THE OTHER BI-PAP BRANDS. SHE MENTIONED THAT I WOULD HAVE TO COME INTO HER OFFICE EACH TIME FOR HER TO DOWNLOAD THE DATA. I CONTACTED AND SPOKE WITH A MANAGER AT (B)(4) ABOUT CHANGING THE BI-PAP DEVICE BRAND. I WAS TOLD THAT SINCE I DID NOT CONTACT THE OFFICE WITHIN 30 DAYS, (B)(4) COULD NOT AND WILL NOT EXCHANGE THE MACHINE FOR A DIFFERENT BRAND. IT DID NOT MATTER THAT MY PHYSICIAN SUBMITTED A NEW PRESCRIPTION FOR ANOTHER BRAND. I HAD INFORMED THE MANAGER THAT THE 30-DAY RULE SHOULD NOT APPLY, SINCE (B)(4) ORIGINALLY SENT ME THE WRONG EQUIPMENT WITH THE ORIGINAL LUNA BI-PAP DEVICE. I WAS ALSO NEVER INFORMED ABOUT ANY 30- DAY LIMITATION OF CHANGING A BI-PAP MACHINE. I FIND THIS POLICY TO BE UNCONSCIONABLE AND POSSIBLY AN ACTIONABLE CASE IN COURT. I AM A DISABLED PERSON ON SOCIAL SECURITY DISABILITY. IF A PATIENT IS SUFFERING WITH THE CURRENT MEDICAL DEVICE AND THEIR DOCTOR RECOMMENDS AND REQUESTS A DIFFERENT DEVICE, THEN THE MEDICAL SUPPLY COMPANY SHOULD HONOR THE PROPER EQUIPMENT, ESPECIALLY FOR A DISABLED PERSON. WOULD YOU PLEASE INVESTIGATE THIS SITUATION AND HAVE (B)(4) EXCHANGE MY BI-PAP DEVICE FOR A DIFFERENT BRAND. IN THE MEANTIME, I WILL BE REACHING OUT TO MY INSURANCE COMPANY, THE (B)(6) DEPARTMENT OF CONSUMER AFFAIRS, THE FDA AND US DOJ CIVIL RIGHTS DIVISION (SINCE I AM ON MEDICAL DISABILITY) AND ADVISE THEM OF THE SITUATION. I WOULD STRONGLY SUGGEST THAT YOU CONTACT YOUR LEGAL COUNSEL ON THIS SITUATION SINCE YOU MAY BE IN VIOLATION OF ADA TITLE II. I CAN BE REACHED AT #(B)(6), SHOULD YOU WANT TO DISCUSS FURTHER. THANK YOU.