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

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.

TAMPA, Fla. — The owner of two South Florida DME companies was sentenced Jan. 16 to eight years in prison for using stolen patient data to submit $7 million in false Medicare claims. According to prosecutors, the prison term handed down to 47-year-old Remberto Sarmiento of Miami was enhanced after the court found at the sentencing hearing he lied to FBI agents by stating he knew nothing about the two companies, APR Medical Equipment and Super Medical Supply.