Oxygen and Oxygen Equipment - Policy Article

**NON-MEDICAL NECESSITY COVERAGE AND PAYMENT RULES**  
For any item to be covered by Medicare, it must 1) be eligible for a defined
Medicare benefit category, 2) be reasonable and necessary for the diagnosis or
treatment of illness or injury or to improve the functioning of a malformed
body member, and 3) meet all other applicable Medicare statutory and
regulatory requirements. Information provided in this policy article relates
to determinations other than those based on Social Security Act 1862(a)(1)(A)
provisions (i.e. "reasonable and necessary") and Social Security Act
1834(a)(5)(E).

Oxygen and oxygen equipment is covered under the Durable Medical Equipment
benefit (Social Security Act 1861(s)(6)). In order for a beneficiary's
equipment to be eligible for reimbursement the reasonable and necessary (R&N)
requirements set out in the related Local Coverage Determination must be met.
In addition, there are specific statutory payment policy requirements,
discussed below, that also must be met.

REASONABLE USEFUL LIFETIME (RUL):

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 runs concurrently. When the RUL of a
beneficiary's portable oxygen equipment differs from the RUL of the
beneficiary's 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.

Beginning January 1, 2011, a beneficiary who resides in a DMEPOS competitive
bidding area (CBA) may obtain replacement of both the stationary and portable
oxygen systems only from a contract supplier having a competitive bidding
contract for the CBA in which the beneficiary permanently resides.

A grandfathered supplier for oxygen and other grandfathered equipment as of
January 1, 2011, who has continued to furnish such equipment that has not yet
reached the 36-month rental cap, does not qualify to furnish replacement
equipment once the end date of the RUL of the stationary equipment is reached,
if the beneficiary resides in the CBA when the end of the RUL has been
reached, unless the status of the grandfathered supplier has changed to a
contract supplier for the current round of the competitive bidding program.

OXYGEN EQUIPMENT:

Initial 36 months

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).

Payment for stationary equipment is increased for beneficiaries requiring
greater than 4 liters per minute (LPM) of oxygen flow and decreased for
beneficiaries requiring less than 1 LPM. If a beneficiary qualifies for
additional payment for greater than 4 LPM of oxygen and also meets the
requirements for portable oxygen, the appropriate modifiers (QB or QF) must be
used.

The supplier who provides oxygen equipment for the first month must continue
to provide any necessary oxygen equipment and all related items and services
through the 36-month rental period, unless one of the following exceptions is
met:

  * Beneficiary relocates temporarily or permanently outside of the supplier's service area
  * Beneficiary elects to obtain oxygen from a different supplier
  * Individual case exceptions made by CMS or DME MAC
  * Item becomes subject to competitive bidding

Providing different oxygen equipment/modalities (e.g., concentrator
[stationary or portable], gaseous, liquid, trans-filling equipment) is not
permitted unless one of the following requirements is met:

  * Supplier replaces the equipment with the same or equivalent item
  * Treating practitioner's orders different equipment
  * Beneficiary chooses to receive an upgrade and signs an Advance Beneficiary Notice of Non-coverage (ABN)
  * CMS or the DME MAC determines that a change in equipment is warranted

A new 36-month rental period can begin only in the following situations:

  * Specific incident of damage beyond repair (e.g., dropped and broken, fire, flood, etc.) or the item is stolen or lost
  * Break-in-need for at least 60 days plus the days remaining in the month of discontinuation and new medical necessity is established (see "BREAK-IN-SERVICE" below)

A new 36-month rental period does not start in the following situations:

  * Replacing equipment due to malfunction, wear and tear, routine maintenance, repair
  * Providing different equipment based on a treating practitioner order or beneficiary request for an upgrade
  * Break-in-need less than 60 days plus the days remaining in the month of discontinuation (see "BREAK-IN-SERVICE" below)
  * Break-in-billing (see "BREAK-IN-SERVICE" below)
  * Changing suppliers

Months 37-60

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.

For information on payment for contents and maintenance, see separate sections
below.

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.

Rules for providing different equipment/modalities are the same in months
37-60 as they are in the initial 36 months (see above).

A new 36-month rental period can begin only in the following situation:

  * There is a specific incident of damage beyond repair (e.g., dropped and broken, fire, flood, etc.) or the item is stolen or lost

A new 36-month rental period does not start in the following situations:

  * Replacing equipment due to malfunction, wear and tear, routine maintenance, repair
  * Providing different equipment based on a treating practitioner order or beneficiary request for an upgrade
  * Break-in-need (see "BREAK-IN-SERVICE" below)
  * Break-in-billing (see "BREAK-IN-SERVICE" below)
  * Changing suppliers

Months 61 and after

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.

_OXYGEN CONTENTS:_

Payment for stationary and portable contents is included in the fee schedule
allowance for stationary equipment. No payment can be made for oxygen contents
in a month in which payment is made for stationary equipment.

If the beneficiary was using stationary gaseous or liquid oxygen equipment
during the 36th rental month, payment for stationary contents (E0441 or E0442)
begins when the rental period for the stationary equipment ends.

If the beneficiary was using portable gaseous or liquid equipment during the
36th rental month of _stationary_ equipment (gaseous, liquid, or
concentrator), payment for portable contents (E0443, E0444 or E0447) begins
when the rental period for the _stationary_ equipment ends. If the beneficiary
began using portable gaseous or liquid equipment after starting on stationary
equipment, payment for the portable equipment would continue until the end of
the 36-month rental period for that equipment even though payment was also
being made for the portable contents.

If the beneficiary was using both stationary and portable gaseous or portable
equipment during the 36th rental month of stationary equipment, payment for
both stationary contents (E0441 or E0442) and portable contents (E0443, E0444
or E0447) begins when the rental for the stationary equipment ends.

If the beneficiary is using only portable gaseous or liquid equipment and not
stationary equipment during months 1 through 36 of the portable equipment
rental, payment for portable contents begins when the rental period for the
portable equipment begins. If stationary equipment is subsequently added,
separate payment for portable contents ends because payment for contents is
included in the payment for stationary equipment.

If the beneficiary was not using gaseous or liquid equipment (stationary or
portable) in the 36th month, but was subsequently switched to gaseous or
liquid oxygen based on a treating practitioner order, contents may be paid.

If the beneficiary has a stationary concentrator, portable liquid equipment,
and a stationary liquid tank to fill the portable cylinders, when payment for
contents begins, payment will only be made for portable liquid contents.

Suppliers must provide whatever quantity of oxygen contents are needed for a
beneficiary's activities both inside and outside the home.

A maximum of 3 months of oxygen contents may be delivered at any one time.
(Refer to Billing Information section [below] for additional information
concerning billing oxygen contents.)

There is no difference in payment for oxygen contents for beneficiaries
receiving more than 4 LPM or less than 1 LPM.

No more than 1 unit of service (UOS) for stationary contents and/or 1 UOS for
portable contents per month are billable.

Refer to the Coverage Indications, Limitations and/or Medical Necessity
section of the LCD for additional information about refills of oxygen
contents.

MAINTENANCE OF EQUIPMENT:

_Initial 36 months_

There is no separate payment for maintenance and servicing (M&S).

_Months 37 through 60_

If a beneficiary was using a stationary concentrator, portable concentrator,
or trans-filling equipment during the 36th rental month, Medicare will pay for
an M&S visit no more often than every 6 months, beginning no sooner than 6
months following the end of the rental period. If the equipment is covered
under a warranty that covers labor related to routine/general maintenance and
servicing (e.g., inspection, changing filters, cleaning, and calibration),
payment for the first M&S visit can be no sooner than 6 months following the
end of that warranty.

A supplier must actually make a visit to bill the service. If multiple M&S
visits are made during a 6 month period, only one will be paid.

There is no M&S payment for gaseous or liquid equipment.

_Month 61 and after_

If the beneficiary elects not to replace a concentrator or trans-filling
equipment and if the supplier retains title to the equipment, coverage for M&S
is the same as in months 37-60.

If the beneficiary elects not to replace a concentrator or trans-filling
equipment and if the supplier transfers title to the beneficiary, M&S is
statutorily non-covered.

OXYGEN ACCESSORIES:

Accessories, including but not limited to, trans-tracheal catheters (A4608),
cannulas (A4615), tubing (A4616), mouthpieces (A4617), face tent (A4619),
masks (A4620, A7525), oxygen conserving devices (A9900), oxygen tent (E0455),
humidifiers (E0555), nebulizer for humidification (E0580), regulators (E1353),
and stand/rack (E1355) are included in the allowance for rented oxygen
equipment. The supplier must provide any accessory ordered by the treating
practitioner. Accessories used with beneficiary-owned oxygen equipment will be
denied as non-covered.

RELOCATION and TRAVEL:

_Months 1 through 36_

If the beneficiary relocates outside the supplier's service area (either
short-term travel, extended temporary relocation, or permanent relocation),
then for the remainder of the rental month for which it billed, the home
supplier is required to provide the equipment and related items/service itself
or make arrangements with a different supplier to provide the equipment,
items, and services. For subsequent rental months that the beneficiary is
outside the service area, the home supplier is encouraged to either provide
the equipment and related items/services itself or assist the beneficiary in
finding another supplier in the new location. The home supplier may not bill
for or be reimbursed by Medicare if it is not providing oxygen equipment or
has not made arrangements with a different supplier to provide the equipment
on the anniversary billing date. Medicare will pay only one supplier to
provide oxygen during any one-rental month.

_Months 37 through 60_

If the beneficiary relocates outside the supplier's service area (either
short-term travel, extended temporary relocation, or permanent relocation),
the home supplier is required to either provide the equipment and related
items/services itself or make arrangements with a different supplier to
provide the equipment and related items/services.

_Miscellaneous_

Oxygen services furnished by an airline to a beneficiary are non-covered.
Payment for oxygen furnished by an airline is the responsibility of the
beneficiary and not the responsibility of the supplier.

Medicare does not cover items or services provided/used outside the United
States and its territories. The supplier is not required to provide or arrange
for oxygen use in those situations.

BREAK-IN-SERVICE:

  * Break-in-billing/Part B payment without break-in-medical necessity  

    * If beneficiary enters hospital or SNF or joins Medicare HMO and continues to need/use oxygen, when beneficiary returns home or rejoins Medicare FFS, payment resumes where it left off
  * Break-in-medical necessity (break-in-need)  

    * If need/use of oxygen ends for less than 60 days plus the remainder of the rental month of discontinuation and then resumes, payment resumes where it left off
    * During the 36-month rental period, if need/use of oxygen ends for more than 60 days plus the remainder of the rental month of discontinuation and new medical necessity is established, a new 36 month rental period would begin
    * During months 37-60, if need/use of oxygen ends for more than 60 days plus the remainder of the rental month of discontinuation and new medical necessity is established, a new rental period does not begin. The supplier who provided the oxygen equipment during the 36th rental month must provide all necessary items and services for the duration of the reasonable useful lifetime.

MISCELLANEOUS:

Only rented oxygen equipment is eligible for coverage. Purchased oxygen
equipment is statutorily non-covered.

Oximeters (E0445) and replacement probes (A4606) will be denied as non-covered
because they are monitoring devices that provide information to the treating
practitioner to assist in managing the beneficiary's treatment.

Respiratory therapist services are non-covered under the DME benefit.

**REQUIREMENTS FOR SPECIFIC DMEPOS ITEMS PURSUANT TO Final Rule 1713 (84 Fed.
Reg Vol 217)**

Final Rule 1713 (84 Fed. Reg Vol 217) requires a face-to-face encounter and a
Written Order Prior to Delivery (WOPD) for specified HCPCS codes. CMS and the
DME MACs provide a list of the specified codes, which is periodically updated.
The required Face-to-Face Encounter and Written Order Prior to Delivery List
is available [here](https://www.cms.gov/Research-Statistics-Data-and-
Systems/Monitoring-Programs/Medicare-FFS-Compliance-Programs/Medical-
Review/FacetoFaceEncounterRequirementforCertainDurableMedicalEquipment).

Claims for the specified items subject to Final Rule 1713 (84 Fed. Reg Vol
217) that do not meet the face-to-face encounter and WOPD requirements
specified in the LCD-related Standard Documentation Requirements Article
(A55426) will be denied as not reasonable and necessary.

If a supplier delivers an item prior to receipt of a WOPD, it will be denied
as not reasonable and necessary. If the WOPD is not obtained prior to
delivery, payment will not be made for that item even if a WOPD is
subsequently obtained by the supplier. If a similar item is subsequently
provided by an unrelated supplier who has obtained a WOPD, it will be eligible
for coverage.

**POLICY SPECIFIC DOCUMENTATION REQUIREMENTS**

In addition to policy specific documentation requirements, there are general
documentation requirements that are applicable to all DMEPOS policies. These
general requirements are located in the DOCUMENTATION REQUIREMENTS section of
the LCD.

Refer to the LCD-related Standard Documentation Requirements article, located
at the bottom of this Policy Article under the Related Local Coverage
Documents section for additional information regarding GENERAL DOCUMENTATION
REQUIREMENTS and the POLICY SPECIFIC DOCUMENTATION REQUIREMENTS discussed
below.

DOCUMENTATION REQUIREMENTS FOR INITIAL CLAIMS FOR OXYGEN

Documentation for initial coverage requires information in the medical record
showing:

  * Evidence of qualifying test results at the time of need; and,
  * Evidence of an evaluation of the qualifying test results by a treating practitioner

In order to provide initial coverage for beneficiaries in Groups I, II and
III, there must be evidence in the medical record documenting one of the
following A-C criteria:

  1. A symptomatic, hypoxemic patient who meets criteria for Group I or II; or,
  2. A symptomatic, normoxemic patient with a medical condition that improves with oxygen therapy; or,
  3. For beneficiaries with concurrent Obstructive Sleep Apnea (OSA), the qualifying oxygen saturation test is performed following optimal treatment of the OSA as described in the Coverage Indications, Limitations and/or Medical Necessity.

DOCUMENTATION FOR CONTINUED PAYMENT OF OXYGEN AFTER INITIAL COVERAGE

In order to continue payment of oxygen and oxygen equipment claims, there must
be evidence in the medical record documenting:

Group I

While there is no formal requirement for re-evaluation and retesting,
providers should ensure that once qualified for home oxygen therapy, the
oxygen therapy and oxygen equipment remain reasonable and necessary pursuant
to Social Security Act 1862 (a)(1)(A).

Group II

  1. Evaluation and documentation of a repeat qualifying blood gas test by the treating practitioner between the 61st and 90th days after initiation of therapy pursuant to Social Security Act 1834(a)(5)(E); and,
  2. A new SWO by the treating practitioner.

Group III

  1. Evaluation and documentation of a repeat, normoxemic, qualifying blood gas test by the treating practitioner between the 61st and 90th days after initiation of therapy, pursuant to National Coverage Determination (NCD) 240.2 and Social Security Act 1834(a)(5)(E); and,
  2. A new SWO by the treating practitioner.

Reimbursement ends unless these continued payment and documentation
requirements are met. At such time that these continued payment and
documentation requirements are met, payment will resume at the month in the
rental cycle where the rental was stopped. A new, initial rental cycle does
not begin when the continued payment documentation requirements are met.

REPAIRS:

The supplier must maintain detailed records describing the need for and nature
of all repairs including a detailed explanation of the justification for any
component or part replaced as well as the labor time to restore the item to
its functionality.

REPLACEMENT EQUIPMENT:

Claims for the initial rental month (and only the initial rental month) must
have the RA modifier (Replacement of DME item) added to the HCPCS code for the
equipment when there is replacement due to reasonable useful lifetime or
replacement due to damage, theft, or loss.

Claims for the initial rental month must include a narrative explanation of
the reason why the equipment was replaced and supporting documentation must be
maintained in the supplier's files.

A treating practitioner's order is needed to reaffirm the medical necessity of
the item for replacement of an item.

**MODIFIERS**

GA, GY, GZ, KX, N1, N2 and N3 MODIFIERS:

For oxygen claims covered by Medicare prior to April 1, 2023, suppliers may
continue to use the KX modifier or may use the N-modifiers for claims with
dates of service on or after April 1, 2023.

For initial claims for oxygen or new 36-month oxygen rental periods with dates
of service on or after April 1, 2023, suppliers must use the N1, N2 or N3
modifier as described below:

  * N1 modifier only if all of the criteria in the Coverage Indications, Limitations and/or Medical Necessity section of the related LCD have been met for Group I beneficiaries.
  * N2 modifier only if all of the criteria in the Coverage Indications, Limitations and/or Medical Necessity section of the related LCD have been met for Group II beneficiaries.
  * N3 modifier only if all of the criteria in the Coverage Indications, Limitations and/or Medical Necessity section of the related LCD have been met for Group III beneficiaries.

For initial claims for oxygen or new 36-month oxygen rental periods with dates
of service on or after April 1, 2023, submitted with the KX modifier will be
rejected for invalid modifier.

If all of the criteria in the Coverage Indications, Limitations and/or Medical
Necessity section have not been met, the GA, GY or GZ modifier must be added
to the code. When there is an expectation of a medical necessity denial,
suppliers must enter GA modifier on the claim line if they have obtained a
properly executed Advance Beneficiary Notice (ABN), a GZ modifier if they have
not obtained a valid ABN, or a GY modifier if the item or service is
statutorily excluded.

Depending on the claim date of service described above, claim lines billed
without a GA, GY, GZ, KX, N1, N2 or N3 modifier will be rejected as missing
information.

QA, QB, QE, QF, QG and QR MODIFIERS:

42 CFR Section 414.226(e) stipulates:

  1. If prescribed flow rate is different for stationary versus portable, the flow rate for stationary is used.
  2. If prescribed flow rate is different for the patient at rest versus the patient with exercise, the flow rate at rest is used.
  3. If prescribed flow rate is different for nighttime versus daytime use, the flow rates are averaged.

QA: For scenarios where the beneficiary has different daytime and nighttime
oxygen flow requirements. Used if the average documented flow requirement from
a daytime "at rest" qualifying test and flow rate for nocturnal oxygen
requirement (standard arithmetic rounding rules apply) is <1 LPM.

QB: For scenarios where the beneficiary has different daytime and nighttime
oxygen flow requirements. Used if the average documented flow requirement from
a daytime "at rest" qualifying test and flow rate for nocturnal oxygen
requirement (standard arithmetic rounding rules apply) is >4 LPM, and portable
oxygen is prescribed.

QE: Used if the documented flow requirement on an "at rest" qualifying test is
<1 LPM.

QF: Used if the documented flow requirement on an "at rest" qualifying test is
>4 LPM, and portable oxygen is prescribed. DO NOT use a flow requirement from
a "with exercise" qualifying test.

QG: Used if the documented flow requirement on an "at rest" qualifying test is
>4 LPM. DO NOT use a flow requirement from a "with exercise" qualifying test.

QR: For scenarios where the beneficiary has different daytime and nighttime
oxygen flow requirements. Used if the average documented flow requirement from
a daytime "at rest" qualifying test and flow rate for nocturnal oxygen
requirement (standard arithmetic rounding rules apply) is >4 LPM.

For normoxemic patients, with non-respiratory conditions, Q-modifiers may be
billed for medically necessary high flow rates, as defined in the Coverage
Indications, Limitations and/or Medical Necessity section of the Oxygen and
Oxygen Equipment LCD.

**CODING GUIDELINES**

The appropriate modifier must be used if the prescribed flow rate is less than
1 LPM (QA or QE) or greater than 4 LPM (QG or QR).

For claims with dates of service on or after 04/01/2018 the modifier QB or QF
should be used in conjunction with claims submitted for stationary oxygen
(codes E0424, E0439, E1390, or E1391) and portable oxygen (codes E0431, E0433,
E0434, E1392, or K0738) when the prescribed amount of oxygen is greater than 4
liters per minute (LPM).

HCPCS code E1391 (Oxygen concentrator, dual delivery port) is used in
situations in which two beneficiaries are both using the same concentrator. In
this situation, this code should only be billed for one of the beneficiaries.

HCPCS codes E1405 and E1406 describe oxygen and water vapor enriching systems
with or without heated delivery respectively. These devices both extract
oxygen from the surrounding air (similar to an oxygen concentrator) and add
humidification. They require substantially higher oxygen flow rates in order
to deliver the same concentration of oxygen as that achieved by standard
oxygen delivery systems (for example, concentrators or liquid/gaseous
systems). Since codes E1405 and E1406 require a higher flow rate but do not
provide a benefit to the beneficiary in terms of the inspired concentration of
oxygen, modifiers QB, QF, QG, and QR, which are appended to claim lines to
indicate oxygen flow rates greater than 4 liters/minute, must not be used with
codes E1405 and E1406.

HCPCS code E1392 describes an oxygen concentrator which is designed to be
portable, is capable of delivering 85% or greater oxygen concentration, and is
capable of operating on either AC or DC (e.g., auto accessory outlet) power.
Code E1392 includes the device itself, an integrated battery or beneficiary-
replaceable batteries that are capable of providing at least 2 hours of remote
portability at a minimum of 2 LPM equivalency, a battery charger, an AC power
adapter, a DC power adapter, and a carry bag and/or cart. The combined weight
of the concentrator and the battery/batteries capable of 2 hours of
portability must be 20 pounds or less. If a concentrator meets all of these
criteria and is also capable of functioning as a stationary concentrator,
operating 24 hours per day, 7 days per week, the stationary concentrator code
(E1390) is billed in addition to code E1392.

HCPCS code K0738 describes a feature of an oxygen concentrator that allows the
beneficiary to fill portable gaseous oxygen cylinders from a stationary
concentrator. This feature may be integrated into the stationary concentrator
or be a separate component. When code K0738 is billed, code E0431 (portable
gaseous oxygen system, rental) must not be used.

HCPCS code E0433 describes a feature of an oxygen concentrator that allows the
beneficiary to fill portable liquid oxygen cylinders from a stationary
concentrator. This feature may be integrated into the stationary concentrator
or be a separate component. When code E0433 is billed, code E0434 (portable
liquid oxygen system, rental) must not be used.

HCPCS code E1352 (OXYGEN ACCESSORY, FLOW REGULATOR CAPABLE OF POSITIVE
INSPIRATORY PRESSURE) provides positive pressure inspiratory support for
patients using oxygen. This product consists of multiple components - control
unit, flow regulator, connecting hose and nasal interface (pillows). E1352 is
an all-inclusive code for this product that includes all components.

HCPCS code E0467 (HOME VENTILATOR, MULTI-FUNCTION RESPIRATORY DEVICE, ALSO
PERFORMS ANY OR ALL OF THE ADDITIONAL FUNCTIONS OF OXYGEN CONCENTRATION, DRUG
NEBULIZATION, ASPIRATION, AND COUGH STIMULATION, INCLUDES ALL ACCESSORIES,
COMPONENTS AND SUPPLIES FOR ALL FUNCTIONS) describes a ventilator that
integrates the function of multiple types of equipment into a single device.
Code E0467 combines the function of a ventilator with all of the following:

  * Oxygen equipment 
  * Nebulizer and compressor
  * Aspirator (suction device)
  * Cough stimulator (multiple products)

If the multifunction ventilator does not include all of the functions listed
above, then the ventilator must not be coded as E0467. Multifunction
ventilators that combine some but not all, of the listed functions, must be
coded as E1399 (DURABLE MEDICAL EQUIPMENT, MISCELLANEOUS).

Positive airway pressure (PAP) devices, respiratory assist devices (RAD), and
custom fabricated oral appliances, are considered same or similar to the
features of products coded E0467.

The following oxygen and oxygen equipment HCPCS codes for individual items are
included in the functionality of code E0467:

  * HCPCS codes E0424, E0431, E0433, E0434, E0439, E0441, E0442, E0443, E0444, E0447, E1390, E1391, E1392, E1405, E1406 and K0738

For E0467 claims with dates of service before April 3, 2020:

Claims for any of the HCPCS codes listed above that are submitted on the same
claim or that overlap any date(s) of service for E0467 is considered to be
unbundling.

In addition, any claim for repair (HCPCS code K0739 for labor and any HCPCS
code for replacement items) of beneficiary-owned equipment identified by HCPCS
codes listed above is considered as unbundling if the date(s) of service for
the repair overlaps any date(s) of service for code E0467.

Claims for code E0467 with a date(s) of service that overlaps date(s) of
service for any of the following scenarios are considered as a claim for same
or similar equipment when the beneficiary:

  * Is currently in a rental month for any of the items listed above
  * Owns any of the equipment listed above that has not reached the end of its reasonable useful lifetime.
  * Has oxygen equipment that reached the 36-month rental but has not reached the end of its reasonable useful lifetime.

For E0467 claims with dates of service on or after April 3, 2020:

Any claim for repair (HCPCS code K0739 for labor and any HCPCS code for
replacement items) of beneficiary-owned equipment identified by HCPCS codes
listed above is considered as unbundling if the date(s) of service for the
repair overlaps any date(s) of service for code E0467.

Claims for code E0467 with a date(s) of service that overlaps date(s) of
service in a rental month for any of the items listed above are considered as
a claim for same or similar equipment.

CODING VERIFICATION REVIEW

The only products which may be billed using the following list of HCPCS codes
are those for which a written coding verification review (CVR) has been made
by the PDAC contractor and subsequently published on the Product
Classification List (PCL). Information concerning the documentation that must
be submitted to the PDAC for a CVR can be found on the PDAC website or by
contacting the PDAC. A PCL with products which have received a coding
verification can be found on the PDAC website. The effective date of the CVR
is included for each code.

Effective for claims with dates of service on or after January 1, 2006:

E1405

E1406

Effective for claims with dates of service on or after January 1, 2022:

E0467

If a product is billed to Medicare using a HCPCS code that requires written
CVR, but the product is not on the PCL for that particular HCPCS code, then
the claim line will be denied as incorrect coding.

Suppliers should contact the Pricing, Data Analysis, and Coding (PDAC)
contractor for guidance on the correct coding of these items.

**BILLING INFORMATION**

When billing oxygen contents (refer to the Policy Article, Non-Medical
Necessity Coverage and Payment Rules section), suppliers should use a date of
service (DOS) that is the anniversary date of the equipment whose rental
period has ended. The billed DOS will usually not be the actual delivery date.
The supplier must have a delivery slip for the actual delivery date.

A supplier does not have to deliver contents every month in order to bill
every month. In order to bill for contents, the supplier must have previously
delivered quantities of oxygen that are expected to be sufficient to last for
one month following the DOS on the claim. Suppliers should monitor usage of
contents. Billing may continue on a monthly basis as long as sufficient
supplies remain to last for one month as previously described. If there are
insufficient contents to be able to last for a month additional contents
should be provided.

Suppliers may bill a flat rate for contents each month. The submitted charges
do not have to vary with the quantity of tanks delivered.

Claims for oxygen contents and/or oxygen accessories should not be submitted
in situations in which they are not separately payable.