Until last week, the dilemma faced by oxygen patients whose providers have gone out of business or for some other reason are no longer able to provide oxygen or equipment to them was unresolved. However CMS announced last Thursday that, effective immediately, it would allow for the replacement of their oxygen equipment in those cases.
Found under “Replacement of Home Oxygen Services in the Event that a Supplier Exits the Medicare Oxygen Business” in the Aug. 22 edition of CMS’s MLN Connects Provider eNews, CMS stated that in those instances, the oxygen equipment will be considered lost and a new 36-month rental period and reasonable useful lifetime will begin for a new supplier furnishing the replacement oxygen equipment on the date that the replacement equipment is furnished to the beneficiary.
CMS also warned the providers that were no longer supplying the oxygen to their patients:
“Suppliers exiting the Medicare oxygen business with patients that they were unable to transfer to new suppliers should be aware that they are in violation of the statutory and regulatory requirements for furnishing oxygen equipment both before and after the payment cap,” the agency stated in MLN Conencts. “As such, oxygen suppliers that do not fulfill their oxygen obligations and voluntarily exit the Medicare oxygen business are not in compliance with the Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) supplier standards set forth at 42 CFR 424.535(c).”
But, while patients finally have some direction, the direction isn’t entirely clear for providers, noted the American Association for Homecare.
“While this is great news for patients, it is unclear how the new provider will be required to document and prove that the replacement oxygen equipment is due to a previous provider exiting the Medicare oxygen business,” a statement from the industry association read. “AAHomecare is seeking further clarification for its members.”
