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<strong>CMS</strong>-1403-FC<br />

Section 144(b) of the MIPPA repeals the requirement<br />

that an oxygen supplier transfer title to oxygen equipment<br />

to the beneficiary after a 36-month rental period. In its<br />

place, section 144(b) of the MIPPA establishes a 36-month<br />

rental cap and sets forth new rules for furnishing oxygen<br />

and oxygen equipment after the 36-month period. The<br />

current oxygen payment regulations reflect the previous<br />

transfer of title requirements, and we are revising these<br />

rules to reflect the changes set forth in section 144(b) of<br />

the MIPPA.<br />

These changes are largely self-implementing. Section<br />

1834(a)(5)(F)(ii)(I) of the Act, as amended by MIPPA,<br />

requires suppliers to continue to furnish oxygen equipment<br />

following the 36-month rental period, and section<br />

1834(a)(5)(F)(ii)(II) of the Act mandates continued<br />

Medicare payments for oxygen contents following the 36-<br />

month rental period. When read in conjunction with section<br />

1834(a)(5)(F)(ii)(II) of the Act, we interpret the mandate<br />

in section 1834(a)(5)(F)(ii)(I) of the Act to include<br />

oxygen contents, as well as oxygen equipment, given the<br />

nature of this benefit and the requirement that Medicare<br />

continue to pay for oxygen contents following the 36-month<br />

rental period. To the extent these subsections are not<br />

self-implementing, we find good cause to waive notice and<br />

1007

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