Friday, October 24, 2008

Guest Commentary: Palm Pistol Unique in More than Design

David:

Many thanks for discussing the ergonomic aspects of the Palm Pistol on your blog. These are the principle issues my design is intended to address.Seniors and the disabled are one of the most vulnerable segments of society and therefore suffer a disproportionate share of becoming victims of crime.I am unaware of any prior attempt to develop an effective self-defense firearm specifically addressing this market.

You may be interested to learn that I am in the process of applying for Durable Medical Equipment (DME) coding for the Palm Pistol. This process is the responsibility of the Center for Medicare & Medicaid Services (CMS).Part of the effort requires a determination by the Food and Drug Administration (FDA) whether the firearm is a "medical device" as defined under 21 USC 321.

I contacted the government attorney who is responsible for these so-called"device/not a device" determinations. When I spoke with him by phone after initially contacting him by email, he explained the reason he had not responded was the fact my request was unprecedented and he did not yet know how this would be handled. He further suggested this was well outside his responsibility and this would have to be decided at the very highest agency level and potentially outside the agency itself. Based on our discussion,while he could not offer any formal opinions, it seemed clear to me the agency could not state in was NOT a medical device. So the bottom line is,the jury is still out.

If I am successful in obtaining DME coding, this would be the first time a firearm could potentially be reimbursable as a DME under health insurance plans if prescribed by a physician for qualified insured's. Although it is unlikely it would ever be reimbursable under Medicare, private health insurance companies may see this as a valuable marketing tool to attract certain customers. I suspect this will make national news.

As an aside, you also may be interested to learn that both AARP and Arthritis Magazine rejected my ads for the Palm Pistol since they refuse to accept anything that relates to firearms. This is pretty outrageous given the likelihood that large numbers of their members support the RKBA and would be very interested in this product. Liberalism has become the new fascism.

I am currently refining my rough legal research notes concerning the DME coding effort. If you have further questions, I would be happy to answer them, and again, thank you for your interest in this novel idea.

Matt Carmel
================================================
Matthew M. Carmel, NRA Certified Instructor No. 139539252
Constitution Arms - Handgun Training and Sales
Class 1/Class 3 SOT FFL Lic. No. 8-22-013-01-0F-00675
Voice: (973) 378-8011 E-mail: mcarmel@constitutionarms.com
Website: http://www.constitutionarms.com

1 comment:

Anonymous said...

You just have to love this guy.A true innovator! I hope he succedes.