Establishment of supplemental oxygen responsibilities criteria

(a) In general Section 1834(a)(9) of the Social Security Act (42 U.S.C. 1395m(a)(9)), as amended by section 101(b), is further amended by inserting the following new subparagraph: (G) Oxygen and oxygen related equipment, supplies, and services In consultation with stakeholders, the Secretary shall define the scope of services a supplier of oxygen and oxygen related equipment, supplies, and services must provide to receive payment under this part, to include— (i) conducting an initial evaluation of the beneficiary using the uniform oxygen patient evaluation form described in paragraph (5)(G) to determine the appropriate use of oxygen and oxygen related equipment, supplies, and services by the beneficiary, including the use of portable equipment; (ii) ensuring the beneficiary has appropriate access to portable oxygen, and portable oxygen equipment, supplies, and services based on the mobility needs of the beneficiary, including the needs of the beneficiary outside the home of the beneficiary; (iii) providing written and verbal beneficiary and caregiver education regarding oxygen and oxygen related equipment, supplies, and services, stationary and portable options, and oxygen safety, which includes evaluating the environment of the beneficiary for safety risks or hazards, such as fire and fall hazards; (iv) providing appropriate delivery, set-up, and coordination of oxygen services (including the delivery of any oxygen equipment or supplies to a beneficiary prior to such beneficiary being discharged, delivering such equipment, and setting up the equipment), as needed, in a timely manner as agreed upon by the beneficiary or caregiver, supplier, and prescribing practitioner; (v) evaluating the ability of the beneficiary to operate the equipment safely and effectively; (vi) providing infection control information and instructions about all equipment and supplies; (vii) providing equipment-related services, including checking oxygen system purity levels and flow rates, changing and cleaning filters, and assuring the integrity of alarms and back-up systems, consistent with the manufacturer specifications and in accordance with all Federal, State, and local laws and regulations; (viii) monitoring visits when necessary by appropriate personnel, including a respiratory therapist to evaluate all aspects of the services being provided to the beneficiary by the provider; (ix) documenting exception reporting by the supplier to the prescribing physician when changes occur in the compliance of the beneficiary with the beneficiary's plan of care; (x) providing, as needed, continued education to the beneficiary or caregiver regarding appropriate oxygen equipment maintenance practices and performance; (xi) providing, as prescribed by the plan of care of the prescribing practitioner, appropriate oxygen and oxygen related equipment, supplies, and services (including supplemental supplies and emergency oxygen back-ups as appropriate); (xii) ensuring oxygen and oxygen equipment can be used appropriately outside the home of a beneficiary based on necessity; (xiii) providing 24-hour on-call coverage to respond to beneficiary needs relating to oxygen and oxygen related equipment, supplies, and services; and (xiv) assisting the beneficiary with the coordination of oxygen and oxygen related equipment, supplies, and services, including by assisting the beneficiary to find a different supplier if the beneficiary temporarily travels outside of the service area of the supplier. If the beneficiary relocates permanently, the new supplier caring for the beneficiary will assume responsibility for billing the Medicare program directly.. (b) Effective date The amendment made by this section shall take effect on the date that is 1 year after the date of enactment of this Act.