Senate Bill Aims to Repeal Oxygen Caps

August 10, 2006

Last spring home care therapists applauded as representatives in the U.S. House introduced HR 5513 to repeal provisions in the Deficit Reduction Act (DRA) calling for ownership of oxygen equipment to shift to vulnerable Medicare beneficiaries after 36 months.

Now the Senate has jumped on the bandwagon as well. S 3814 was introduced last Thursday, just prior to the Senate’s August recess, by Sen. Pat Roberts (R-KS). The bill is being co-sponsored by Sens. Mike DeWine (R-OH), Barbara Mikulski (D-MD), Jack Reed (D-RI), and George Voinovich (R-OH).

AARC Director of Government Affairs Cheryl West believes both bills reflect the massive response to the DRA oxygen provisions issued by respiratory therapists, oxygen patients, and the home care industry as a whole.

“When we learned of the oxygen provisions – which were inserted into the DRA at the last minute late last year – we immediately activated our new 435 Plan and asked our members to contact their members of Congress to educate them about the effects these provisions could have on Medicare patients who use oxygen,” says West.

The 435 Plan, which is recruiting RTs and consumers in each of the nation’s 435 Congressional districts to respond to fast moving issues, combined with general support among the membership to produce literally thousands of emails sent out from the AARC’s Capitol Connection web site.

Thanks to these efforts and those made by other groups, legislators learned about the numerous unanswered questions raised by the provisions. Specifically:

• How will the law affect patients whose medical needs change and therefore may require different oxygen equipment?
• Will Medicare reimburse for new equipment for an additional 36 months if the equipment is changed?
• Will the patients be required to purchase new equipment once they own their oxygen equipment?
• If new technology that will improve the patient’s health or quality of life becomes available, will the patient be able to receive the superior equipment?
• If the Medicare beneficiary travels (“Snowbirds”) will they have to make all arrangements to ship their equipment, such as a concentrator, to their destination?

The AARC encourages all of its members to continuing their letter and email writing campaigns on behalf of HR 5513 and now S 3814. “Repealing the oxygen provisions in the DRA,” says West, “is the best way to ensure your patients continue to receive the high quality home oxygen equipment and services they deserve.”

Visit the AARC’s Capitol Connection website to read our talking points and adapt them to your own words.