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 on-going delivery of oxygen contents in tanks or cylinders to furnish oxygen to the patient. When read in conjunction with section 1834(a)(5)(F)(ii)(II) of the Act, we interpret the mandate in section 1834(a)(5)(F)(ii)(I) of the Act to include oxygen contents, as well as oxygen equipment, given the nature of this benefit and the requirement that Medicare continue to pay for oxygen contents following the 36-month rental period. As noted in section III.J.2.a. of this final rule with comment period, we are revising §414.226(f) to specify that the supplier must make arrangements for the beneficiary to continue receiving the equipment if the beneficiary relocates at some time after the 36-month rental period but before the end of the reasonable useful lifetime of the equipment. Likewise, for the reasons set forth in section III.J.2.a. above, we are revising §414.226(f) to specify that, in the case of liquid or gaseous equipment (stationary and portable) the supplier must make arrangements for the beneficiary to continue receiving oxygen contents if the beneficiary relocates at some time after the 36-month rental period but before the end of the reasonable useful lifetime of the liquid or gaseous equipment (stationary and portable). The supplier must make arrangements for the beneficiary to continue receiving 850
CMS-1403-FC the oxygen contents and equipment at his or her new residence. c. Maintenance and Servicing of Supplier-Owned Oxygen Equipment after the Rental Cap Section 1834(a)(5)(F)(ii)(III) of the Act, as amended by section 144(b)(1) of the MIPPA, authorizes payments for maintenance and servicing of supplier-owned oxygen equipment after the 36-month rental period if the Secretary determines that such payments are reasonable and necessary. Section 5101(b)(1) of the DRA previously authorized payment for reasonable and necessary maintenance and servicing of beneficiary-owned oxygen equipment. i. Current payment for maintenance and servicing of oxygen equipment In the August 3, 2006 proposed rule for implementing section 5101(b) of the DRA (71 FR 44082), we discussed the fact that it is longstanding Medicare policy to pay for repair (fixing or mending) of beneficiary-owned DME if such services are necessary to keep the equipment functioning. It is also longstanding Medicare policy to pay for non-routine maintenance of beneficiary-owned DME (that is, extensive maintenance that must be performed by skilled technicians). These policies were discussed in the November 9, 2006 final rule (71 FR 65918) and are set forth 851
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<strong>CMS</strong>-1403-FC<br />
on-going delivery of oxygen contents in tanks or cylinders<br />
to furnish oxygen to the patient. When read in conjunction<br />
with section 1834(a)(5)(F)(ii)(II) of the Act, we interpret<br />
the mandate in section 1834(a)(5)(F)(ii)(I) of the Act to<br />
include oxygen contents, as well as oxygen equipment, given<br />
the nature of this benefit and the requirement that<br />
Medicare continue to pay for oxygen contents following the<br />
36-month rental period.<br />
As noted in section III.J.2.a. of this final rule with<br />
comment period, we are revising §414.226(f) to specify that<br />
the supplier must make arrangements for the beneficiary to<br />
continue receiving the equipment if the beneficiary<br />
relocates at some time after the 36-month rental period but<br />
before the end of the reasonable useful lifetime of the<br />
equipment. Likewise, for the reasons set forth in section<br />
III.J.2.a. above, we are revising §414.226(f) to specify<br />
that, in the case of liquid or gaseous equipment<br />
(stationary and portable) the supplier must make<br />
arrangements for the beneficiary to continue receiving<br />
oxygen contents if the beneficiary relocates at some time<br />
after the 36-month rental period but before the end of the<br />
reasonable useful lifetime of the liquid or gaseous<br />
equipment (stationary and portable). The supplier must<br />
make arrangements for the beneficiary to continue receiving<br />
850