I 

118TH CONGRESS 

2D SESSION H. R. 7829 

To amend title XVIII of the Social Security Act to improve the payment 

method for oxygen and oxygen related equipment, supplies, and services, 

to increase beneficiary access to oxygen and oxygen related equipment, 

supplies, and services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2024 

Mr. VALADAO (for himself, Mr. BUCSHON, Mr. SMITH of Nebraska, and Ms. 

BROWNLEY) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to improve 

the payment method for oxygen and oxygen related 

equipment, supplies, and services, to increase beneficiary 

access to oxygen and oxygen related equipment, supplies, 

and services, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Supplemental Oxygen Access Reform Act of 2024’’ or the 

4 ‘‘SOAR Act of 2024’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PROTECT BENEFICIARY ACCESS TO SUPPLEMENTAL 

OXYGEN THERAPY IN THE HOME AND COMMUNITY 

Sec. 101. Reform of the Medicare supplemental oxygen benefit. 

Sec. 102. Establishment of supplemental oxygen responsibilities criteria. 

Sec. 103. Technical corrections. 

TITLE II—PROTECTING BENEFICIARY ACCESS TO RESPIRATORY 

THERAPISTS 

Sec. 201. Reimbursement for respiratory therapists. 

TITLE III—ADOPTION OF ELECTRONIC TEMPLATES 

Sec. 301. Use of electronic templates to document medical necessity and restoring clinical inference for oxygen and oxygen related equipment, 

supplies, and services. 

TITLE IV—ESTABLISHMENT OF BENEFICIARY RIGHTS 

Sec. 401. Establishing protections for individuals receiving oxygen or oxygen related equipment, supplies, or services. 

7 TITLE I—PROTECT BENE8 FICIARY ACCESS TO SUPPLE9 MENTAL OXYGEN THERAPY 

10 IN THE HOME AND COMMU11 NITY 

12 SEC. 101. REFORM OF THE MEDICARE SUPPLEMENTAL OX13 YGEN BENEFIT. 

14 (a) REMOVING OXYGEN AND OXYGEN RELATED

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1 TIVE ACQUISITION PROGRAM TO IMPROVE PATIENT AC2 CESS TO SUPPLEMENTAL OXYGEN THERAPY.—Section 

3 1847(a)(3) of the Social Security Act (42 U.S.C. 1395w– 

4 3(a)(3)) is amended by— 

5 (1) inserting ‘‘AND EXCLUSION’’ after ‘‘EXCEP6 TION AUTHORITY’’; 

7 (2) by redesignating subparagraphs (A) and 

8 (B) as clauses (i) and (ii), respectively, and moving 

9 such clauses as so redesignated 2 ems to the right; 

10 (3) by striking ‘‘In carrying out’’ and inserting 

11 the following: 

12 ‘‘(A) IN GENERAL.—In carrying out’’; and 

13 (4) by adding at the end the following new sub14 paragraph: 

15 ‘‘(B) EXCLUSION OF OXYGEN, AND OXY16 GEN RELATED EQUIPMENT, SUPPLIES, AND

17 SERVICES.—Beginning on or after January 1, 

18 2025, the Secretary shall exclude oxygen and 

19 oxygen related equipment, supplies, and services 

20 from the competitive acquisition program under 

21 this section and payment for oxygen and oxygen 

22 related equipment, supplies, and services shall 

23 be made as prescribed under subparagraphs 

24 (E), (F). and (H) of section 1834(a)(9).’’. 


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1 (b) ESTABLISHING ADEQUATE PAYMENT FOR OXY2 GEN AND OXYGEN RELATED EQUIPMENT, SUPPLIES, AND

3 SERVICES.—Section 1834(a)(9) of the Social Security Act 

4 (42 U.S.C. 1395m(a)(9)) is amended— 

5 (1) in the first sentence of the matter preceding 

6 subparagraph (A), by inserting the following before 

7 the period: ‘‘(for oxygen and oxygen equipment fur8 nished before January 1, 2025) or the amount de9 termined under subparagraph (E), subject to sub10 paragraphs (F), (G), and (H) (for oxygen and oxy11 gen related equipment, supplies, and services fur12 nished on or after January 1, 2025);’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(E) PAYMENT FOR OXYGEN AND OXYGEN

15 RELATED EQUIPMENT, SUPPLIES, AND SERV16 ICES EXCLUDED FROM COMPETITIVE ACQUISI17 TION PROGRAM.—Subject to subparagraphs 

18 (F), (G), and (H) in the case of oxygen and ox19 ygen related equipment, supplies, and services 

20 furnished on or after January 1, 2025— 

21 ‘‘(i) in areas that are competitive bid22 ding areas in which a competitive bidding 

23 program is implemented for other covered 

24 items, the payment amount is equal to— 


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1 ‘‘(I) for 2025, the fee schedule 

2 amounts for the area for items and 

3 services in effect on December 31, 

4 2024; and 

5 ‘‘(II) for each subsequent year, 

6 the amount determined under this 

7 clause for the preceding year, in8 creased by the percentage increase in 

9 the consumer price index for all urban 

10 consumers (United States city aver11 age) for the 12-month period ending 

12 on December 31 of the previous year; 

13 ‘‘(ii) in rural areas and non-contig14 uous areas (Alaska, Hawaii, and U.S. ter15 ritories), the payment amount is equal 

16 to— 

17 ‘‘(I) 50 percent of 110 percent of 

18 the national average price for the item 

19 or service determined under section 

20 414.210(g)(1)(ii) of title 42, Code of 

21 Federal Regulations; and 

22 ‘‘(II) 50 percent of— 

23 ‘‘(aa) for 2025, the fee 

24 schedule amount for the area in 


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1 effect on December 31, 2024; 

2 and 

3 ‘‘(bb) for each subsequent 

4 year, the amount determined 

5 under this subclause for the pre6 ceding year, increased by the per7 centage increase in the consumer 

8 price index for all urban con9 sumers (United States city aver10 age) for the 12-month period 

11 ending on December 31 of the 

12 previous year; and 

13 ‘‘(iii) in areas other than those de14 scribed in clauses (i) and (ii), the payment 

15 amount is equal to the sum of 75 percent 

16 of the adjusted payment amount estab17 lished under clause (i) and 25 percent of 

18 the unadjusted fee schedule amount other19 wise determined without taking into ac20 count this subparagraph. 

21 ‘‘(F) SPECIAL RULE FOR LIQUID OXY22 GEN.— 

23 ‘‘(i) PAYMENT.— 

24 ‘‘(I) IN GENERAL.—In lieu of the 

25 volume adjustment established under 


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1 paragraph (5)(C), not later than Jan2 uary 1, 2025, the Secretary in con3 sultation with suppliers, manufactur4 ers, patients and patient advocates, 

5 and physicians, and through notice6 and-comment rulemaking, shall estab7 lish a separate payment amount that 

8 meets the requirements of this sub9 paragraph made to a supplier for the 

10 provision of liquid oxygen and liquid 

11 oxygen related equipment, supplies, 

12 and services that meets the require13 ments described in subparagraph (G). 

14 ‘‘(II) PAYMENT FLOOR.—The 

15 payment amount established under 

16 subclause (I) may not be less than an 

17 amount equal to 200 percent of the 

18 2015 Durable Medical Equipment, 

19 Prosthetics/Orthotics & Supplies Fee 

20 Schedule updated by the consumer 

21 price index for all urban consumers 

22 (United States city average) for years 

23 2016 through 2024. 

24 ‘‘(III) UPDATE MECHANISM.— 

25 Beginning on January 1, 2026, the 


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1 payment amount described in sub2 clause (I) shall be increased annually 

3 by the projected percentage increase 

4 in the consumer price index for all 

5 urban consumers (United States city 

6 average) for the 12-month period end7 ing December 31 of the previous year. 

8 ‘‘(ii) CONSIDERATIONS.—In imple9 menting the payment amount under this 

10 subparagraph, the Secretary shall take into 

11 account the cost of liquid oxygen on a per 

12 pound basis, the cost of liquid oxygen 

13 equipment, the infrastructure costs associ14 ated with providing liquid oxygen equip15 ment and supplies (including labor, stor16 age, transportation, maintenance, and 

17 similar costs), the cost of complying with 

18 Federal and State regulations specific to 

19 the delivery and transportation of liquid 

20 oxygen, and any other cost factors the Sec21 retary deems appropriate after consulting 

22 with stakeholders such as suppliers, pro23 viders, patients and patient advocates, and 

24 manufacturers. 


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1 ‘‘(iii) MONTHLY ADD-ON FOR HIGH2 FLOW PATIENTS.— 

3 ‘‘(I) IN GENERAL.—Subject to 

4 subclause (II), the Secretary shall es5 tablish a non-budget neutral add-on to 

6 the payment amount under clause (i) 

7 when the prescribing practitioner or8 ders an oxygen flow rate equal to or 

9 greater than 6 liters per minute. 

10 ‘‘(II) ADD-ON AMOUNT.—The 

11 add-on amount shall equal the per 

12 pound cost of the oxygen exceeding 

13 the amount required to provide a liter 

14 flow that is equal to or greater than 

15 6 liters per minute. 

16 ‘‘(iv) PERIODIC ASSESSMENT OF THE

17 BASE RATE.—The Secretary shall assess at 

18 least once every 3 years the adequacy of 

19 the payment amounts under this subpara20 graph on a cost-related basis or other eco21 nomical and equitable basis. 

22 ‘‘(v) TRANSITIONAL INTERIM PAY23 MENT.— 

24 ‘‘(I) IN GENERAL.—For items 

25 and services furnished on or after the 


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1 date of the enactment of the SOAR 

2 Act of 2024 and prior to the imple3 mentation of the payment amount es4 tablished under this subparagraph, 

5 the Secretary shall adopt a transi6 tional interim payment amount for 

7 liquid oxygen, and liquid oxygen 

8 equipment, supplies, and services in 

9 an amount equal to 200 percent of 

10 the 2015 Durable Medical Equipment, 

11 Prosthetics/Orthotics & Supplies Fee 

12 Schedule updated by the consumer 

13 price index for all urban consumers 

14 (United States city average) for years 

15 2016 through 2024. 

16 ‘‘(II) UPDATE.—This amount 

17 shall be updated annually by the pro18 jected percentage change in the con19 sumer price index for all urban con20 sumers (United States city average) 

21 for the 12-month period ending on 

22 December 31 of the previous year, 

23 until the Secretary implements the 

24 payment amount under this subpara25 graph. 


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1 ‘‘(vi) COVERAGE CRITERIA.— 

2 ‘‘(I) IN GENERAL.—Not later 

3 than January 1, 2025, the Secretary, 

4 in consultation with stakeholders, 

5 shall establish objective clinical cri6 teria for the coverage of liquid oxygen, 

7 and liquid oxygen equipment, supplies, 

8 and services under this title. 

9 ‘‘(II) UPDATE OF CRITERIA.— 

10 The Secretary shall review and update 

11 the coverage standards under this 

12 clause every 5 years to ensure the 

13 standards take into consideration cur14 rent medical and clinical guidelines 

15 and take into effect modality in order 

16 to maximize beneficiary independ17 ence.’’. 

18 SEC. 102. ESTABLISHMENT OF SUPPLEMENTAL OXYGEN RE19 SPONSIBILITIES CRITERIA. 

20 (a) IN GENERAL.—1834(a)(9) of the Social Security 

21 Act (42 U.S.C. 1395m(a)(9)), as amended by section 

22 101(b), is further amended by inserting the following new 

23 subparagraph: 

24 ‘‘(G) OXYGEN AND OXYGEN RELATED

25 EQUIPMENT, SUPPLIES, AND SERVICES.—In 


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1 consultation with stakeholders, the Secretary 

2 shall define the scope of services a supplier of 

3 oxygen and oxygen related equipment, supplies, 

4 and services must provide to receive payment 

5 under this part, to include— 

6 ‘‘(i) conducting an initial evaluation of 

7 the beneficiary using the uniform oxygen 

8 patient evaluation form described in para9 graph (5)(G) to determine the appropriate 

10 use of oxygen and oxygen related equip11 ment, supplies, and services by the bene12 ficiary, including the use of portable equip13 ment; 

14 ‘‘(ii) ensuring the beneficiary has ap15 propriate access to portable oxygen, and 

16 portable oxygen equipment, supplies, and 

17 services based on the mobility needs of the 

18 beneficiary, including the needs of the ben19 eficiary outside the home of the bene20 ficiary; 

21 ‘‘(iii) providing written and verbal 

22 beneficiary and caregiver education regard23 ing oxygen and oxygen related equipment, 

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1 cludes evaluating the environment of the 

2 beneficiary for safety risks or hazards, 

3 such as fire and fall hazards; 

4 ‘‘(iv) providing appropriate delivery, 

5 set-up, and coordination of oxygen services 

6 (including the delivery of any oxygen 

7 equipment or supplies to a beneficiary 

8 prior to such beneficiary being discharged, 

9 delivering such equipment, and setting up 

10 the equipment), as needed, in a timely 

11 manner as agreed upon by the beneficiary 

12 or caregiver, supplier, and prescribing 

13 practitioner; 

14 ‘‘(v) evaluating the ability of the bene15 ficiary to operate the equipment safely and 

16 effectively; 

17 ‘‘(vi) providing infection control infor18 mation and instructions about all equip19 ment and supplies; 

20 ‘‘(vii) providing equipment-related 

21 services, including checking oxygen system 

22 purity levels and flow rates, changing and 

23 cleaning filters, and assuring the integrity 

24 of alarms and back-up systems, consistent 

25 with the manufacturer specifications and 


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1 in accordance with all Federal, State, and 

2 local laws and regulations; 

3 ‘‘(viii) monitoring visits when nec4 essary by appropriate personnel, including 

5 a respiratory therapist to evaluate all as6 pects of the services being provided to the 

7 beneficiary by the provider; 

8 ‘‘(ix) documenting exception reporting 

9 by the supplier to the prescribing physician 

10 when changes occur in the compliance of 

11 the beneficiary with the beneficiary’s plan 

12 of care; 

13 ‘‘(x) providing, as needed, continued 

14 education to the beneficiary or caregiver 

15 regarding appropriate oxygen equipment 

16 maintenance practices and performance; 

17 ‘‘(xi) providing, as prescribed by the 

18 plan of care of the prescribing practitioner, 

19 appropriate oxygen and oxygen related 

20 equipment, supplies, and services (includ21 ing supplemental supplies and emergency 

22 oxygen back-ups as appropriate); 

23 ‘‘(xii) ensuring oxygen and oxygen 

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1 side the home of a beneficiary based on ne2 cessity; 

3 ‘‘(xiii) providing 24-hour on-call cov4 erage to respond to beneficiary needs relat5 ing to oxygen and oxygen related equip6 ment, supplies, and services; and 

7 ‘‘(xiv) assisting the beneficiary with 

8 the coordination of oxygen and oxygen re9 lated equipment, supplies, and services, in10 cluding by assisting the beneficiary find a 

11 different supplier if the beneficiary tempo12 rarily travels outside of the service area of 

13 the supplier. If the beneficiary relocates 

14 permanently, the new supplier caring for 

15 the beneficiary will assume responsibility 

16 for billing the Medicare program directly.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall take effect on the date that is 1 year 

19 after the date of enactment of this Act. 

20 SEC. 103. TECHNICAL CORRECTIONS. 

21 Section 1861(n) is amended by striking ‘‘iron lungs, 

22 oxygen tents’’ and inserting ‘‘oxygen and oxygen related 

23 equipment, supplies, and services’’. 


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1 TITLE II—PROTECTING BENE2 FICIARY ACCESS TO RES3 PIRATORY THERAPISTS 

4 SEC. 201. REIMBURSEMENT FOR RESPIRATORY THERA5 PISTS. 

6 (a) PROTECTING ACCESS TO RESPIRATORY THERA7 PIST SERVICES.— 

8 (1) ADDING RESPIRATORY THERAPIST SERV9 ICES TO THE DEFINITION OF MEDICAL AND OTHER

10 HEALTH SERVICES.—Section 1861(s)(2) of the So11 cial Security Act (42 U.S.C. 1395x(s)(2)) is amend12 ed— 

13 (A) in subparagraph (JJ), by inserting 

14 ‘‘and’’ after the semicolon; and 

15 (B) by adding at the end the following new 

16 subparagraph: 

17 ‘‘(KK) respiratory therapist services (as 

18 defined in subsection (nnn)) furnished on or 

19 after January 1, 2025.’’. 

20 (2) DEFINITION OF RESPIRATORY THERAPIST

21 SERVICES.—Section 1861 of the Social Security Act 

22 (42 U.S.C. 1395x) is amended by adding at the end 

23 the following new subsection: 

24 ‘‘(nnn) RESPIRATORY THERAPIST SERVICES.—The 

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1 formed by a respiratory therapist within the scope of prac2 tice of a respiratory therapist as defined by State law, reg3 ulations, and applicable accreditation standards for the as4 sessment, treatment, and monitoring of patients requiring 

5 oxygen and oxygen related equipment, supplies, or serv6 ices.’’. 

7 (b) ADD-ON PAYMENT ADJUSTMENT.—Section 

8 1834(a)(9) of the Social Security Act (42 U.S.C. 

9 1395m(a)(9)), as amended by sections 101(b) and 102(a), 

10 is further amended by adding at the end the following new 

11 subparagraph: 

12 ‘‘(H) MONTHLY PAYMENT ADD-ON AD13 JUSTMENT FOR RESPIRATORY THERAPIST SERV14 ICES.—For respiratory therapist services fur15 nished on or after January 1, 2025, the Sec16 retary shall implement through notice and com17 ment rulemaking and in consultation with 

18 stakeholders a non-budget neutral add-on pay19 ment adjustment to the payment amount estab20 lished under this paragraph that reflects the 

21 cost of providing respiratory therapist services 

22 as clinically appropriate under State law.’’. 


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1 TITLE III—ADOPTION OF 

2 ELECTRONIC TEMPLATES 

3 SEC. 301. USE OF ELECTRONIC TEMPLATES TO DOCUMENT 

4 MEDICAL NECESSITY AND RESTORING CLIN5 ICAL INFERENCE FOR OXYGEN AND OXYGEN 

6 RELATED EQUIPMENT, SUPPLIES, AND SERV7 ICES. 

8 (a) ADOPTING ELECTRONIC TEMPLATES FOR DE9 TERMINING MEDICAL NECESSITY.—Section 1834(a)(5) of 

10 the Social Security Act (42 U.S.C. 1395m(a)(5)) is 

11 amended by adding at the end the following: 

12 ‘‘(G) ADOPTION OF ELECTRONIC TEM13 PLATES TO DOCUMENT MEDICAL NECESSITY.— 

14 ‘‘(i) IN GENERAL.—For any oxygen 

15 and oxygen related equipment, supplies or 

16 service, including liquid oxygen, furnished 

17 on or after January 1, 2025, the Secretary 

18 shall adopt a template in an electronic for19 mat that meets the requirements of clause 

20 (ii) to be completed by the prescribing 

21 practitioner (as defined by the Secretary) 

22 that shall constitute the complete request 

23 for information to determine whether pay24 ment for such service, equipment, or sup25 plies is covered by this title and is reasonVerDate Sep 11 2014 20:45 Apr 12, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H7829.IH H7829

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1 able and necessary for the diagnosis or 

2 treatment of illness or injury (under sec3 tion 1862(a)(1)(A)). 

4 ‘‘(ii) TEMPLATE REQUIREMENTS.— 

5 The template shall require the prescribing 

6 practitioner to provide each of the fol7 lowing: 

8 ‘‘(I) Documentation that the ben9 eficiary was seen by a prescribing 

10 practitioner within the appropriate 

11 timeframes for certification of the 

12 need for the services, equipment, or 

13 supplies. 

14 ‘‘(II) Documentation of the quali15 fying blood gas or saturation test re16 sults. 

17 ‘‘(III) Documentation indicating 

18 that the beneficiary needs or is using 

19 the appropriate equipment, supplies, 

20 and services. 

21 ‘‘(IV) Any other documentation 

22 determined appropriate by the Sec23 retary, except the Secretary shall not 

24 require the prescribing practitioner to 


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1 provide medical record notes regard2 ing the beneficiary. 

3 ‘‘(iii) CONTRACTOR ADJUDICATION.— 

4 The Secretary shall require Medicare ad5 ministrative contractors to adjudicate 

6 claims for payment for oxygen and oxygen 

7 related equipment, supplies, and services 

8 using electronic transactions. 

9 ‘‘(H) RESTORATION OF CLINICAL INFER10 ENCE AND JUDGMENT.—For claims submitted 

11 on or after the date of enactment of this sub12 paragraph with respect to the conduct of pay13 ment audits of suppliers of oxygen and oxygen 

14 related equipment, supplies, and services under 

15 this part the Secretary shall use clinical infer16 ence and clinical judgment in the evaluation of 

17 templates, medical records, and orders when 

18 conducting such audits in the same manner as 

19 the Secretary interpreted and applied such clin20 ical judgment to claim reviews before 2009 pur21 suant to the Secretary’s instruction to contrac22 tors.’’. 


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1 TITLE IV—ESTABLISHMENT OF 

2 BENEFICIARY RIGHTS 

3 SEC. 401. ESTABLISHING PROTECTIONS FOR INDIVIDUALS 

4 RECEIVING OXYGEN OR OXYGEN RELATED 

5 EQUIPMENT, SUPPLIES, OR SERVICES. 

6 Section 1834(a)(5) of the Social Security Act (42 

7 U.S.C. 1395m(a)(5)), as amended by section 301, is fur8 ther amended by adding at the end the following new sub9 paragraph: 

10 ‘‘(I) ESTABLISHING PROTECTIONS FOR IN11 DIVIDUALS RECEIVING OXYGEN OR OXYGEN RE12 LATED EQUIPMENT, SUPPLIES, OR SERVICES.— 

13 The Secretary shall establish through regulation 

14 protections for any individual receiving oxygen 

15 or oxygen related equipment, supplies, or serv16 ices under this part where such individual shall 

17 have the right to— 

18 ‘‘(i) choose the local supplier of such 

19 services from among qualified suppliers 

20 and to change such supplier; 

21 ‘‘(ii) receive communications from the 

22 supplier in a clear and understandable 

23 manner; 

24 ‘‘(iii) ensure privacy and confiden25 tiality in all aspects of treatment and the 


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1 personal health information of such indi2 vidual consistent with Federal and State 

3 laws; 

4 ‘‘(iv) be informed by the supplier of 

5 such services about all aspects of the serv6 ices being furnished by such supplier and 

7 be informed of the right to refuse treat8 ment, to discontinue treatment, and to 

9 refuse to participate in experimental re10 search; 

11 ‘‘(v) be informed by the supplier of 

12 policies and expectations of the supplier re13 garding patient conduct and responsibil14 ities; 

15 ‘‘(vi) be informed by the supplier 

16 about treatment modalities and categories 

17 of equipment relating to oxygen services 

18 for use by the individual and offered by the 

19 supplier; 

20 ‘‘(vii) be informed by the supplier of 

21 the policies of such supplier regarding 24- 

22 hour on-call coverage; 

23 ‘‘(viii) be informed by the supplier of 

24 the financial responsibilities of the indi25 vidual with regard to such services; 


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1 ‘‘(ix) be provided with the appropriate 

2 gaseous or liquid oxygen equipment, sup3 plies, and services to ensure the mobility of 

4 the beneficiary, as well as the clinically ap5 propriate amount of oxygen and oxygen re6 lated equipment, supplies, and services as 

7 agreed upon by the individual (or the indi8 vidual’s representative), the supplier, and 

9 the prescribing practitioner; 

10 ‘‘(x) receive equipment that is main11 tained to the guidelines of the manufac12 turer; 

13 ‘‘(xi) have broken or faulty equipment 

14 repaired or replaced in a timely manner; 

15 ‘‘(xii) have oxygen or oxygen related 

16 equipment or supplies delivered by the sup17 plier and to be contacted consistent with 

18 the requirements of section 410.38 of title 

19 42, Code of Federal Regulations; 

20 ‘‘(xiii) be informed by the supplier of 

21 any potential changes to the equipment, 

22 supplies, or services of the individual and 

23 the right to consult with the prescribing 

24 practitioner of the individual regarding 

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1 priate and necessary and to be informed of 

2 the exceptions, as specified by the Sec3 retary, when a supplemental oxygen serv4 ices supplier may change the oxygen equip5 ment of the individual; 

6 ‘‘(xiv) be informed by the supplier of 

7 the internal and external grievance proc8 esses of the supplier (as well as how to 

9 contact Medicare through a hotline or ben10 eficiary ombudsman), which shall include 

11 the right of an individual to file, personally 

12 or through a representative of the individ13 ual’s choosing, an internal or external 

14 grievance without retaliation or denial of 

15 services; 

16 ‘‘(xv) in the case of a supplier invol17 untary discharging an individual— 

18 ‘‘(I) receive from such supplier a 

19 written notice that is provided to the 

20 individual no later than 30 days in 

21 advance of the involuntary discharge 

22 of the individual; and 

23 ‘‘(II) have such supplier— 


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1 ‘‘(aa) follow established in2 voluntary discharge procedures; 

3 or 

4 ‘‘(bb) in the case of an im5 mediate threat to the health and 

6 safety of others, follow an abbre7 viated involuntary discharge pro8 cedure; 

9 ‘‘(xvi) be assisted by the supplier in 

10 obtaining the oxygen equipment and sup11 plies prescribed by the treating physician 

12 of the individual when the individual is 

13 traveling; 

14 ‘‘(xvii) receive from the supplier oxy15 gen supplies, refills, and emergency back16 up equipment, as appropriate; and 

17 ‘‘(xviii) be informed of a plan by the 

18 supplier in case of a power outage or other 

19 natural emergency, so that the individual 

20 will continue to receive the necessary oxy21 gen supplies and equipment.’’. 

Æ 


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