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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. 
 
     1. 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. 
     2. 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. 
 
Reimbursement for oxygen equipment is limited to 36 monthly rental payments. Payment for accessories (e.g., 
cannula, tubing, etc.), delivery, back-up equipment, maintenance, and repairs is included in the rental 
allowance. Payment for oxygen contents (stationary and/or portable) is included in the allowance for stationary 
equipment (E0424, E0439, E1390, E1391). There is no further payment for oxygen equipment during the 5-year reasonable useful lifetime (RUL) of the 
equipment after 36 rental payments have been made. If use of portable equipment (E0431, E0433, E0434, 
E1392, K0738) begins after the use of stationary equipment begins, payment for the portable equipment can 
continue after payment for the stationary equipment ends until 36 rental payments have been made for the 
portable equipment. 
 
The supplier who provided the equipment during the 36th rental month is required to continue to provide the 
equipment, accessories, contents (if applicable), maintenance, and repair of the oxygen equipment during the 5 
year reasonable useful lifetime of the equipment. 
 
You can find this rule 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.