AMARILLO, Texas — With all the confusion surrounding CMS' new post-cap oxygen payment rules, it's time for some answers. In a special series for HomeCare Monday, Lisa K. Smith, Esq., an attorney with the Health Care Group at Brown & Fortunato, P.C., a law firm based in Amarillo, Texas, responds to several of home medical equipment providers' most common questions about the new rules.

As stories of a snag in his confirmation as HHS secretary floated across the Internet, ABC News reported late Friday that former Senate Majority Leader Tom Daschle, D-S.D., owed more than $128,000 in back taxes mostly on a car-and-driver service. The revelation came just two weeks after Timothy Geithner, President Obama's nominee as treasury secretary, admitted he owed $34,000 in taxes.

In a notice issued Jan. 27, NHIC, the Jurisdiction A DME MAC, said it has found incorrect denials for 2009 oxygen contents claims billed for beneficiaries who had reached the 36-month payment cap. The claims were denied with code CO-97: The benefit for this service is included in the payment/allowance for another service/procedure that has already been adjudicated.

Through its listserv, CMS has released the following guidance on oxygen and oxygen equipment, including billing for contents and replacement equipment as well as documentation guidelines.

The agency said an MLN Matters article will be forthcoming that incorporates the information included in its message, which follows:

Medicare Billing Requirements and Policies for Replacement of Oxygen Equipment and Oxygen Contents