II 

118TH CONGRESS 

2D SESSION S. 3821 

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 SENATE OF THE UNITED STATES 

FEBRUARY 28, 2024 

Mr. CASSIDY (for himself, Mr. WARNER, and Ms. KLOBUCHAR) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

6 ‘‘SOAR Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 3821 IS

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

2 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. 

3 TITLE I—PROTECT BENE4 FICIARY ACCESS TO SUPPLE5 MENTAL OXYGEN THERAPY 

6 IN THE HOME AND COMMU7 NITY 

8 SEC. 101. REFORM OF THE MEDICARE SUPPLEMENTAL OX9 YGEN BENEFIT. 

10 (a) REMOVING OXYGEN AND OXYGEN RELATED

11 EQUIPMENT, SUPPLIES, AND SERVICES FROM COMPETI12 TIVE ACQUISITION PROGRAM TO IMPROVE PATIENT AC13 CESS TO SUPPLEMENTAL OXYGEN THERAPY.—Section 

14 1847(a)(3) of the Social Security Act (42 U.S.C. 1395w– 

15 3(a)(3)) is amended by— 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 3821 IS

1 (1) inserting ‘‘AND EXCLUSION’’ after ‘‘EXCEP2 TION AUTHORITY’’; 

3 (2) by redesignating subparagraphs (A) and 

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

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

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

7 the following: 

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

9 (4) by adding at the end the following new sub10 paragraph: 

11 ‘‘(B) EXCLUSION OF OXYGEN, AND OXY12 GEN RELATED EQUIPMENT, SUPPLIES, AND

13 SERVICES.—Beginning on or after January 1, 

14 2025, the Secretary shall exclude oxygen and 

15 oxygen related equipment, supplies, and services 

16 from the competitive acquisition program under 

17 this section and payment for oxygen and oxygen 

18 related equipment, supplies, and services shall 

19 be made as prescribed under subparagraphs 

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

21 (b) ESTABLISHING ADEQUATE PAYMENT FOR OXY22 GEN AND OXYGEN RELATED EQUIPMENT, SUPPLIES, AND

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

24 (42 U.S.C. 1395m(a)(9)) is amended— 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 3821 IS

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

2 subparagraph (A), by inserting the following before 

3 the period: ‘‘(for oxygen and oxygen equipment fur4 nished before January 1, 2025) or the amount de5 termined under subparagraph (E), subject to sub6 paragraphs (F), (G), and (H) (for oxygen and oxy7 gen related equipment, supplies, and services fur8 nished on or after January 1, 2025);’’; and 

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

10 ‘‘(E) PAYMENT FOR OXYGEN AND OXYGEN

11 RELATED EQUIPMENT, SUPPLIES, AND SERV12 ICES EXCLUDED FROM COMPETITIVE ACQUISI13 TION PROGRAM.—Subject to subparagraphs 

14 (F), (G), and (H) in the case of oxygen and ox15 ygen related equipment, supplies, and services 

16 furnished on or after January 1, 2025— 

17 ‘‘(i) in areas that are competitive bid18 ding areas in which a competitive bidding 

19 program is implemented for other covered 

20 items, the payment amount is equal to— 

21 ‘‘(I) for 2025, the fee schedule 

22 amounts for the area for items and 

23 services in effect on December 31, 

24 2024; and 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 3821 IS

1 ‘‘(II) for each subsequent year, 

2 the amount determined under this 

3 clause for the preceding year, in4 creased by the percentage increase in 

5 the consumer price index for all urban 

6 consumers (United States city aver7 age) for the 12-month period ending 

8 on December 31 of the previous year; 

9 ‘‘(ii) in rural areas and non-contig10 uous areas (Alaska, Hawaii, and U.S. ter11 ritories), the payment amount is equal 

12 to— 

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

14 the national average price for the item 

15 or service determined under section 

16 414.210 (g)(1)(ii) of title 42, Code of 

17 Federal Regulations; and 

18 ‘‘(II) 50 percent of— 

19 ‘‘(aa) for 2025, the fee 

20 schedule amount for the area in 

21 effect on December 31, 2024; 

22 and 

23 ‘‘(bb) for each subsequent 

24 year, the amount determined 

25 under this subclause for the preVerDate Sep 11 2014 19:20 Mar 04, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3821.IS S3821

ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 3821 IS

1 ceding year, increased by the per2 centage increase in the consumer 

3 price index for all urban con4 sumers (United States city aver5 age) for the 12-month period 

6 ending on December 31 of the 

7 previous year; and 

8 ‘‘(iii) in areas other than those de9 scribed in clauses (i) and (ii), the payment 

10 amount is equal to the sum of 75 percent 

11 of the adjusted payment amount estab12 lished under clause (i) and 25 percent of 

13 the unadjusted fee schedule amount other14 wise determined without taking into ac15 count this subparagraph. 

16 ‘‘(F) SPECIAL RULE FOR LIQUID OXY17 GEN.— 

18 ‘‘(i) PAYMENT.— 

19 ‘‘(I) IN GENERAL.—In lieu of the 

20 volume adjustment established under 

21 paragraph (5)(C), not later than Jan22 uary 1, 2025, the Secretary in con23 sultation with suppliers, manufactur24 ers, patients and patient advocates, 

25 and physicians, and through noticeVerDate Sep 11 2014 19:20 Mar 04, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3821.IS S3821

ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 3821 IS

1 and-comment rulemaking, shall estab2 lish a separate payment amount that 

3 meets the requirements of this sub4 paragraph made to a supplier for the 

5 provision of liquid oxygen and liquid 

6 oxygen related equipment, supplies, 

7 and services that meets the require8 ments described in subparagraph (G). 

9 ‘‘(II) PAYMENT FLOOR.—The 

10 payment amount established under 

11 subclause (I) may not be less than an 

12 amount equal to 200 percent of the 

13 2015 Durable Medical Equipment, 

14 Prosthetics/Orthotics & Supplies Fee 

15 Schedule updated by the consumer 

16 price index for all urban consumers 

17 (United States city average) for years 

18 2016 through 2024. 

19 ‘‘(III) UPDATE MECHANISM.— 

20 Beginning on January 1, 2026, the 

21 payment amount described in sub22 clause (I) shall be increased annually 

23 by the projected percentage increase 

24 in the consumer price index for all 

25 urban consumers (United States city 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 3821 IS

1 average) for the 12-month period end2 ing December 31 of the previous year. 

3 ‘‘(ii) CONSIDERATIONS.—In imple4 menting the payment amount under this 

5 subparagraph, the Secretary shall take into 

6 account the cost of liquid oxygen on a per 

7 pound basis, the cost of liquid oxygen 

8 equipment, the infrastructure costs associ9 ated with providing liquid oxygen equip10 ment and supplies (including labor, stor11 age, transportation, maintenance, and 

12 similar costs), the cost of complying with 

13 Federal and State regulations specific to 

14 the delivery and transportation of liquid 

15 oxygen, and any other cost factors the Sec16 retary deems appropriate after consulting 

17 with stakeholders such as suppliers, pro18 viders, patients and patient advocates, and 

19 manufacturers. 

20 ‘‘(iii) MONTHLY ADD-ON FOR HIGH21 FLOW PATIENTS.— 

22 ‘‘(I) IN GENERAL.—Subject to 

23 subclause (II), the Secretary shall es24 tablish a non-budget neutral add-on to 

25 the payment amount under clause (i) 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 3821 IS

1 when the prescribing practitioner or2 ders an oxygen flow rate equal to or 

3 greater than 6 liters per minute. 

4 ‘‘(II) ADD-ON AMOUNT.—The 

5 add-on amount shall equal the per 

6 pound cost of the oxygen exceeding 

7 the amount required to provide a liter 

8 flow that is equal to or greater than 

9 6 liters per minute. 

10 ‘‘(iv) PERIODIC ASSESSMENT OF THE

11 BASE RATE.—The Secretary shall assess at 

12 least once every 3 years the adequacy of 

13 the payment amounts under this subpara14 graph on a cost-related basis or other eco15 nomical and equitable basis. 

16 ‘‘(v) TRANSITIONAL INTERIM PAY17 MENT.— 

18 ‘‘(I) IN GENERAL.—For items 

19 and services furnished on or after the 

20 date of the enactment of the SOAR 

21 Act of 2024 and prior to the imple22 mentation of the payment amount es23 tablished under this subparagraph, 

24 the Secretary shall adopt a transi25 tional interim payment amount for 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 3821 IS

1 liquid oxygen, and liquid oxygen 

2 equipment, supplies, and services in 

3 an amount equal to 200 percent of 

4 the 2015 Durable Medical Equipment, 

5 Prosthetics/Orthotics & Supplies Fee 

6 Schedule updated by the consumer 

7 price index for all urban consumers 

8 (United States city average) for years 

9 2016 through 2024. 

10 ‘‘(II) UPDATE.—This amount 

11 shall be updated annually by the pro12 jected percentage change in the con13 sumer price index for all urban con14 sumers (United States city average) 

15 for the 12-month period ending on 

16 December 31 of the previous year, 

17 until the Secretary implements the 

18 payment amount under this subpara19 graph. 

20 ‘‘(vi) COVERAGE CRITERIA.— 

21 ‘‘(I) IN GENERAL.—Not later 

22 than January 1, 2025, the Secretary, 

23 in consultation with stakeholders, 

24 shall establish objective clinical cri25 teria for the coverage of liquid oxygen, 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 3821 IS

1 and liquid oxygen equipment, supplies, 

2 and services under this title. 

3 ‘‘(II) UPDATE OF CRITERIA.— 

4 The Secretary shall review and update 

5 the coverage standards under this 

6 clause every 5 years to ensure the 

7 standards take into consideration cur8 rent medical and clinical guidelines 

9 and take into effect modality in order 

10 to maximize beneficiary independ11 ence.’’. 

12 SEC. 102. ESTABLISHMENT OF SUPPLEMENTAL OXYGEN RE13 SPONSIBILITIES CRITERIA. 

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

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

16 101(b), is further amended by inserting the following new 

17 subparagraph: 

18 ‘‘(G) OXYGEN AND OXYGEN RELATED

19 EQUIPMENT, SUPPLIES, AND SERVICES.—In 

20 consultation with stakeholders, the Secretary 

21 shall define the scope of services a supplier of 

22 oxygen and oxygen related equipment, supplies, 

23 and services must provide to receive payment 

24 under this part, to include— 


ssavage on LAPJG3WLY3PROD with BILLS
12 

•S 3821 IS

1 ‘‘(i) conducting an initial evaluation of 

2 the beneficiary using the uniform oxygen 

3 patient evaluation form described in para4 graph (5)(G) to determine the appropriate 

5 use of oxygen and oxygen related equip6 ment, supplies, and services by the bene7 ficiary, including the use of portable equip8 ment; 

9 ‘‘(ii) ensuring the beneficiary has ap10 propriate access to portable oxygen, and 

11 portable oxygen equipment, supplies, and 

12 services based on the mobility needs of the 

13 beneficiary, including the needs of the ben14 eficiary outside the home of the bene15 ficiary; 

16 ‘‘(iii) providing written and verbal 

17 beneficiary and caregiver education regard18 ing oxygen and oxygen related equipment, 

19 supplies, and services, stationary and port20 able options, and oxygen safety, which in21 cludes evaluating the environment of the 

22 beneficiary for safety risks or hazards, 

23 such as fire and fall hazards; 

24 ‘‘(iv) providing appropriate delivery, 

25 set-up, and coordination of oxygen services 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•S 3821 IS

1 (including the delivery of any oxygen 

2 equipment or supplies to a beneficiary 

3 prior to such beneficiary being discharged, 

4 delivering such equipment, and setting up 

5 the equipment), as needed, in a timely 

6 manner as agreed upon by the beneficiary 

7 or caregiver, supplier, and prescribing 

8 practitioner; 

9 ‘‘(v) evaluating the ability of the bene10 ficiary to operate the equipment safely and 

11 effectively; 

12 ‘‘(vi) providing infection control infor13 mation and instructions about all equip14 ment and supplies; 

15 ‘‘(vii) providing equipment-related 

16 services, including checking oxygen system 

17 purity levels and flow rates, changing and 

18 cleaning filters, and assuring the integrity 

19 of alarms and back-up systems, consistent 

20 with the manufacturer specifications and 

21 in accordance with all Federal, State, and 

22 local laws and regulations; 

23 ‘‘(viii) monitoring visits when nec24 essary by appropriate personnel, including 

25 a respiratory therapist to evaluate all asVerDate Sep 11 2014 19:20 Mar 04, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3821.IS S3821

ssavage on LAPJG3WLY3PROD with BILLS
14 

•S 3821 IS

1 pects of the services being provided to the 

2 beneficiary by the provider; 

3 ‘‘(ix) documenting exception reporting 

4 by the supplier to the prescribing physician 

5 when changes occur in the compliance of 

6 the beneficiary with the beneficiary’s plan 

7 of care; 

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

9 education to the beneficiary or caregiver 

10 regarding appropriate oxygen equipment 

11 maintenance practices and performance; 

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

13 plan of care of the prescribing practitioner, 

14 appropriate oxygen and oxygen related 

15 equipment, supplies, and services (includ16 ing supplemental supplies and emergency 

17 oxygen back-ups as appropriate); 

18 ‘‘(xii) ensuring oxygen and oxygen 

19 equipment can be used appropriately out20 side the home of a beneficiary based on ne21 cessity; 

22 ‘‘(xiii) providing 24-hour on-call cov23 erage to respond to beneficiary needs relat24 ing to oxygen and oxygen related equip25 ment, supplies, and services; and 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•S 3821 IS

1 ‘‘(xiv) assisting the beneficiary with 

2 the coordination of oxygen and oxygen re3 lated equipment, supplies, and services, in4 cluding by assisting the beneficiary find a 

5 different supplier if the beneficiary tempo6 rarily travels outside of the service area of 

7 the supplier. If the beneficiary relocates 

8 permanently, the new supplier caring for 

9 the beneficiary will assume responsibility 

10 for billing the Medicare program directly.’’. 

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

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

13 after the date of enactment of this Act. 

14 SEC. 103. TECHNICAL CORRECTIONS. 

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

16 oxygen tents’’ and inserting ‘‘oxygen and oxygen related 

17 equipment, supplies, and services’’. 

18 TITLE II—PROTECTING BENE19 FICIARY ACCESS TO RES20 PIRATORY THERAPISTS 

21 SEC. 201. REIMBURSEMENT FOR RESPIRATORY THERA22 PISTS. 

23 (a) PROTECTING ACCESS TO RESPIRATORY THERA24 PIST SERVICES.— 


ssavage on LAPJG3WLY3PROD with BILLS
16 

•S 3821 IS

1 (1) ADDING RESPIRATORY THERAPIST SERV2 ICES TO THE DEFINITION OF MEDICAL AND OTHER

3 HEALTH SERVICES.—Section 1861(s)(2) of the So4 cial Security Act (42 U.S.C. 1395x(s)(2)) is amend5 ed— 

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

7 ‘‘and’’ after the semicolon; and 

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

9 subparagraph: 

10 ‘‘(KK) respiratory therapist services (as 

11 defined in subsection (nnn)) furnished on or 

12 after January 1, 2025.’’. 

13 (2) DEFINITION OF RESPIRATORY THERAPIST

14 SERVICES.—Section 1861 of the Social Security Act 

15 (42 U.S.C. 1395x) is amended by adding at the end 

16 the following new subsection: 

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

18 term ‘respiratory therapist services’ means services per19 formed by a respiratory therapist within the scope of prac20 tice of a respiratory therapist as defined by State law, reg21 ulations, and applicable accreditation standards for the as22 sessment, treatment, and monitoring of patients requiring 

23 oxygen and oxygen related equipment, supplies, or serv24 ices.’’. 


ssavage on LAPJG3WLY3PROD with BILLS
17 

•S 3821 IS

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

2 1834(a)(9) of the Social Security Act (42 U.S.C. 

3 1395m(a)(9)), as amended by sections 101(b) and 102(a), 

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

5 subparagraph: 

6 ‘‘(H) MONTHLY PAYMENT ADD-ON AD7 JUSTMENT FOR RESPIRATORY THERAPIST SERV8 ICES.—For respiratory therapist services fur9 nished on or after January 1, 2025, the Sec10 retary shall implement through notice and com11 ment rulemaking and in consultation with 

12 stakeholders a non-budget neutral add-on pay13 ment adjustment to the payment amount estab14 lished under this paragraph that reflects the 

15 cost of providing respiratory therapist services 

16 as clinically appropriate under State law.’’. 

17 TITLE III—ADOPTION OF 

18 ELECTRONIC TEMPLATES 

19 SEC. 301. USE OF ELECTRONIC TEMPLATES TO DOCUMENT 

20 MEDICAL NECESSITY AND RESTORING CLIN21 ICAL INFERENCE FOR OXYGEN AND OXYGEN 

22 RELATED EQUIPMENT, SUPPLIES, AND SERV23 ICES. 

24 (a) ADOPTING ELECTRONIC TEMPLATES FOR DE25 TERMINING MEDICAL NECESSITY.—Section 1834(a)(5) of 


ssavage on LAPJG3WLY3PROD with BILLS
18 

•S 3821 IS

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

2 amended by adding at the end the following: 

3 ‘‘(G) ADOPTION OF ELECTRONIC TEM4 PLATES TO DOCUMENT MEDICAL NECESSITY.— 

5 ‘‘(i) IN GENERAL.—For any oxygen 

6 and oxygen related equipment, supplies or 

7 service, including liquid oxygen, furnished 

8 on or after January 1, 2025, the Secretary 

9 shall adopt a template in an electronic for10 mat that meets the requirements of clause 

11 (ii) to be completed by the prescribing 

12 practitioner (as defined by the Secretary) 

13 that shall constitute the complete request 

14 for information to determine whether pay15 ment for such service, equipment, or sup16 plies is covered by this title and is reason17 able and necessary for the diagnosis or 

18 treatment of illness or injury (under sec19 tion 1862(a)(1)(A)). 

20 ‘‘(ii) TEMPLATE REQUIREMENTS.— 

21 The template shall require the prescribing 

22 practitioner to provide each of the fol23 lowing: 

24 ‘‘(I) Documentation that the ben25 eficiary was seen by a prescribing 


ssavage on LAPJG3WLY3PROD with BILLS
19 

•S 3821 IS

1 practitioner within the appropriate 

2 timeframes for certification of the 

3 need for the services, equipment, or 

4 supplies. 

5 ‘‘(II) Documentation of the quali6 fying blood gas or saturation test re7 sults. 

8 ‘‘(III) Documentation indicating 

9 that the beneficiary needs or is using 

10 the appropriate equipment, supplies, 

11 and services. 

12 ‘‘(IV) Any other documentation 

13 determined appropriate by the Sec14 retary, except the Secretary shall not 

15 require the prescribing practitioner to 

16 provide medical record notes regard17 ing the beneficiary. 

18 ‘‘(iii) CONTRACTOR ADJUDICATION.— 

19 The Secretary shall require Medicare ad20 ministrative contractors to adjudicate 

21 claims for payment for oxygen and oxygen 

22 related equipment, supplies, and services 

23 using electronic transactions. 

24 ‘‘(H) RESTORATION OF CLINICAL INFER25 ENCE AND JUDGMENT.—For claims submitted 


ssavage on LAPJG3WLY3PROD with BILLS
20 

•S 3821 IS

1 on or after the date of enactment of this sub2 paragraph with respect to the conduct of pay3 ment audits of suppliers of oxygen and oxygen 

4 related equipment, supplies, and services under 

5 this part the Secretary shall use clinical infer6 ence and clinical judgment in the evaluation of 

7 templates, medical records, and orders when 

8 conducting such audits in the same manner as 

9 the Secretary interpreted and applied such clin10 ical judgment to claim reviews before 2009 pur11 suant to the Secretary’s instruction to contrac12 tors.’’. 

13 TITLE IV—ESTABLISHMENT OF 

14 BENEFICIARY RIGHTS 

15 SEC. 401. ESTABLISHING PROTECTIONS FOR INDIVIDUALS 

16 RECEIVING OXYGEN OR OXYGEN RELATED 

17 EQUIPMENT, SUPPLIES, OR SERVICES. 

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

19 U.S.C. 1395m(a)(5)), as amended by section 301, is fur20 ther amended by adding at the end the following new sub21 paragraph: 

22 ‘‘(I) ESTABLISHING PROTECTIONS FOR IN23 DIVIDUALS RECEIVING OXYGEN OR OXYGEN RE24 LATED EQUIPMENT, SUPPLIES, OR SERVICES.— 

25 The Secretary shall establish through regulation 


ssavage on LAPJG3WLY3PROD with BILLS
21 

•S 3821 IS

1 protections for any individual receiving oxygen 

2 or oxygen related equipment, supplies, or serv3 ices under this part where such individual shall 

4 have the right to— 

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

6 services from among qualified suppliers 

7 and to change such supplier; 

8 ‘‘(ii) receive communications from the 

9 supplier in a clear and understandable 

10 manner; 

11 ‘‘(iii) ensure privacy and confiden12 tiality in all aspects of treatment and the 

13 personal health information of such indi14 vidual consistent with Federal and State 

15 laws; 

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

17 such services about all aspects of the serv18 ices being furnished by such supplier and 

19 be informed of the right to refuse treat20 ment, to discontinue treatment, and to 

21 refuse to participate in experimental re22 search; 

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

24 policies and expectations of the supplier reVerDate Sep 11 2014 19:20 Mar 04, 2024 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3821.IS S3821

ssavage on LAPJG3WLY3PROD with BILLS
22 

•S 3821 IS

1 garding patient conduct and responsibil2 ities; 

3 ‘‘(vi) be informed by the supplier 

4 about treatment modalities and categories 

5 of equipment relating to oxygen services 

6 for use by the individual and offered by the 

7 supplier; 

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

9 the policies of such supplier regarding 24- 

10 hour on-call coverage; 

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

12 the financial responsibilities of the indi13 vidual with regard to such services; 

14 ‘‘(ix) be provided with the appropriate 

15 gaseous or liquid oxygen equipment, sup16 plies, and services to ensure the mobility of 

17 the beneficiary, as well as the clinically ap18 propriate amount of oxygen and oxygen re19 lated equipment, supplies, and services as 

20 agreed upon by the individual (or the indi21 vidual’s representative), the supplier, and 

22 the prescribing practitioner; 

23 ‘‘(x) receive equipment that is main24 tained to the guidelines of the manufac25 turer; 


ssavage on LAPJG3WLY3PROD with BILLS
23 

•S 3821 IS

1 ‘‘(xi) have broken or faulty equipment 

2 repaired or replaced in a timely manner; 

3 ‘‘(xii) have oxygen or oxygen related 

4 equipment or supplies delivered by the sup5 plier and to be contacted consistent with 

6 the requirements of section 410.38 of title 

7 42, Code of Federal Regulations; 

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

9 any potential changes to the equipment, 

10 supplies, or services of the individual and 

11 the right to consult with the prescribing 

12 practitioner of the individual regarding 

13 such changes to ensure they are appro14 priate and necessary and to be informed of 

15 the exceptions, as specified by the Sec16 retary, when a supplemental oxygen serv17 ices supplier may change the oxygen equip18 ment of the individual; 

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

20 the internal and external grievance proc21 esses of the supplier (as well as how to 

22 contact Medicare through a hotline or ben23 eficiary ombudsman), which shall include 

24 the right of an individual to file, personally 

25 or through a representative of the individVerDate Sep 11 2014 19:20 Mar 04, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3821.IS S3821

ssavage on LAPJG3WLY3PROD with BILLS
24 

•S 3821 IS

1 ual’s choosing, an internal or external 

2 grievance without retaliation or denial of 

3 services; 

4 ‘‘(xv) in the case of a supplier invol5 untary discharging an individual— 

6 ‘‘(I) receive from such supplier a 

7 written notice that is provided to the 

8 individual no later than 30 days in 

9 advance of the involuntary discharge 

10 of the individual; and 

11 ‘‘(II) have such supplier— 

12 ‘‘(aa) follow established in13 voluntary discharge procedures; 

14 or 

15 ‘‘(bb) in the case of an im16 mediate threat to the health and 

17 safety of others, follow an abbre18 viated involuntary discharge pro19 cedure; 

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

21 obtaining the oxygen equipment and sup22 plies prescribed by the treating physician 

23 of the individual when the individual is 

24 traveling; 


ssavage on LAPJG3WLY3PROD with BILLS
25 

•S 3821 IS

1 ‘‘(xvii) receive from the supplier oxy2 gen supplies, refills, and emergency back3 up equipment, as appropriate; and 

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

5 supplier in case of a power outage or other 

6 natural emergency, so that the individual 

7 will continue to receive the necessary oxy8 gen supplies and equipment.’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS