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The rules say that plans must pay for a medical service or item if regular Medicare would pay for it in this case. 
You can find this rule at 42 Code of Federal Regulations (CFR) Section 422.101. 
 
 
  
  The rules say that the reasonable useful lifetime for oxygen equipment is 5 years. The RUL is not based on the 
chronological age of the equipment. It starts on the initial date of service and runs for 5 years from that date. 
RUL also does not take into account exchanges of equipment, new suppliers, or changes of modality 
(concentrator, gaseous, liquid). 
 
Stationary and portable oxygen equipment is often provided at the same time therefore the RUL for both items 
run concurrently. When the RUL of a beneficiarys portable oxygen equipment differs from the RUL of the 
beneficiarys stationary oxygen equipment, the RUL of the stationary oxygen equipment shall govern the 
application of RUL-based rules and processes for both types, stationary and portable, of oxygen equipment. 
 
Until such time as the end date of the RUL of the stationary oxygen equipment is reached, the supplier must 
continue to furnish both the portable and stationary oxygen equipment. 
 
    If the end date of the RUL of the portable oxygen equipment precedes the end date of the RUL of the 
stationary oxygen equipment, the end date of the RUL of the portable oxygen equipment is adjusted (extended) 
to coincide with the end date of the RUL of the stationary oxygen equipment. 
    If the end date of the RUL of the portable oxygen equipment follows the end date of the RUL of the 
stationary oxygen equipment, the end date of the RUL of the portable oxygen equipment is adjusted 
(shortened) to coincide with the end date of the RUL of the stationary oxygen equipment. 
 
When the end date of the RUL of the stationary oxygen equipment occurs, the beneficiary may elect to obtain 
replacement of both the stationary and the portable oxygen equipment. 
 
If the beneficiary elects to obtain replacement of the stationary and the portable oxygen equipment, both types 
of oxygen equipment must be replaced at the same time. 
 
When the stationary and the portable oxygen equipment are replaced, a new 36-month rental period and new 
RUL is started for both the replacement stationary oxygen equipment and the replacement portable oxygen 
equipment. At any time after the end of the 5-year reasonable useful lifetime for oxygen equipment, the 
beneficiary may elect to receive new equipment, thus beginning a new 36-month rental period. 
 
If the beneficiary elects not to receive new equipment after the end of the 5-year reasonable useful lifetime and 
if the supplier retains title to the equipment, all elements of the payment policy for months 37-60 remain in 
effect. There is no separate payment for accessories or repairs. If the beneficiary was using gaseous or liquid 
oxygen equipment during the 36th rental month, payment can continue to be made for oxygen contents. 
 
If the beneficiary elects not to receive new equipment after the end of the 5-year reasonable useful lifetime and 
if the supplier transfers title of the equipment to the beneficiary, accessories, maintenance, and repairs are 
statutorily non-covered by Medicare. Contents are separately payable for beneficiary-owned gaseous or liquid 
systems. 
 
If a beneficiary enters Medicare FFS with beneficiary-owned equipment, accessories, maintenance, and repairs 
are statutorily non-covered by Medicare. Contents are separately payable for beneficiary-owned gaseous or 
liquid systems. 
 
You can find these rules in the Local Coverage Article Oxygen and Oxygen Equipment - Policy Article 
A52514. 
 
If you want to read these Medicare rules, you can go to this website www.medicareappeal.com. 
 
The Plan contract says that the Plan covers items and services in accordance with Medicare rules.