Thus, it does not apply to oxygen provided by ambulance services. Thus, it is conceivable that HCFA could use this section as a springboard to go after oxygen provided by ambulance suppliers now or during the negotiated rulemaking process that will be used for establishing the fee schedule for ambulance services. Medicaid must still pay up to the amount that would have been paid for a Medicaid patient if the Medicare payment is lower than that amount. For a state to stop paying the crossovers, they will have to amend their state Medicaid plan. However, once the plan is amended, HCFA will approve it.
States can amend state plans quarterly, retroactive to the first day of each quarter.