Notice: This CMS-approved document has been submitted - Philips ...
Notice: This CMS-approved document has been submitted - Philips ... Notice: This CMS-approved document has been submitted - Philips ...
CMS-1403-FC the supplier must continue furnishing the oxygen equipment after the 36-month rental period during any period of medical need for the remainder of the reasonable useful lifetime of the equipment. The language of the statute mandates that the supplier shall continue to furnish oxygen equipment after the 36-month rental period “during any period of medical need” rather than “during the period of medical need” for the remainder of the reasonable useful lifetime of the equipment. We interpret this to mean that the supplier is responsible for continuing to furnish the equipment at any time following the 36-month rental period and before the end of the equipment’s reasonable useful lifetime, for any period of medical need, including multiple periods of medical need that are separated by periods when interruptions in the use of the equipment occur. For example, if, following the 36-month rental period and before the end of the equipment’s reasonable useful lifetime, the beneficiary is admitted to a hospital as an inpatient and then discharged from the hospital 3 weeks later, our interpretation requires the supplier to furnish the oxygen equipment for the period leading up to the hospital admission and for the period immediately following the hospital discharge through the end of the equipment’s 844
CMS-1403-FC reasonable useful lifetime. The supplier’s responsibility to continue furnishing the equipment is not affected by the length of a break in medical need or by the number of any such breaks in medical need that occur after the 36-month rental period and before the end of the equipment’s reasonable useful lifetime. Therefore, we are revising §414.230 to specify that a new period of continuous use will not begin following the 36-month rental period until the end of the equipment’s reasonable useful lifetime. The supplier is responsible for furnishing the equipment after the 36-month rental period for any period of medical need for the remainder of the reasonable useful lifetime of the equipment. If a break in medical need occurs following the 36-month rental period, the supplier must resume furnishing the oxygen equipment after the break ends and the beneficiary once again has a medical need for the oxygen equipment. In such a case, the supplier is responsible for furnishing the item for no additional rental payments until the end of the equipment’s reasonable useful lifetime. If the equipment’s reasonable useful lifetime (which is determined based on the date the equipment is first delivered rather than the age of the equipment) ends during a break in medical need, the supplier is under no obligation to continue furnishing the equipment once the 845
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<strong>CMS</strong>-1403-FC<br />
reasonable useful lifetime. The supplier’s responsibility<br />
to continue furnishing the equipment is not affected by the<br />
length of a break in medical need or by the number of any<br />
such breaks in medical need that occur after the 36-month<br />
rental period and before the end of the equipment’s<br />
reasonable useful lifetime. Therefore, we are revising<br />
§414.230 to specify that a new period of continuous use<br />
will not begin following the 36-month rental period until<br />
the end of the equipment’s reasonable useful lifetime. The<br />
supplier is responsible for furnishing the equipment after<br />
the 36-month rental period for any period of medical need<br />
for the remainder of the reasonable useful lifetime of the<br />
equipment. If a break in medical need occurs following the<br />
36-month rental period, the supplier must resume furnishing<br />
the oxygen equipment after the break ends and the<br />
beneficiary once again <strong>has</strong> a medical need for the oxygen<br />
equipment. In such a case, the supplier is responsible for<br />
furnishing the item for no additional rental payments until<br />
the end of the equipment’s reasonable useful lifetime. If<br />
the equipment’s reasonable useful lifetime (which is<br />
determined based on the date the equipment is first<br />
delivered rather than the age of the equipment) ends during<br />
a break in medical need, the supplier is under no<br />
obligation to continue furnishing the equipment once the<br />
845