BALTIMORE--In an Open Door Forum Wednesday, CMS included a caution on repeal of the oxygen equipment transfer called for under the Medicare Improvements for Patients and Providers Act--although the agency didn't answer any of the myriad questions providers have raised about the impending 36-month rental cap.
“Obviously, we are still very much aware of recent changes in the statutes required by MIPPA, mainly the transfer of ownership of oxygen equipment and the delay of the competitive bidding program,” said Joel Kaiser, CMS deputy director of DMEPOS policy. “We are still analyzing these provisions, still planning for implementation of these provisions. We are still in the planning stages.”
Under the new law, providers will maintain ownership of oxygen equipment, but the 36-month rental cap, imposed by the Deficit Reduction Act, remains, and is set to take effect Jan. 1. CMS has yet to address how service and maintenance will be paid after the equipment has capped. (See HomeCare Monday, Aug. 25.)
Further information on CMS' plans will be announced “soon,” Kaiser said.
He emphasized, however, that while the transfer of ownership had been repealed under MIPPA, “there are other requirements that have not been repealed.” Under federal regulation 42 CFR 414.226 (g) (2), for example, providers are still prohibited from replacing oxygen equipment during the 36-month rental period, he said. There are some exceptions, he added:
--If a physician orders different equipment;
--If the patient elects to upgrade to newer technology;
--Or if equipment is lost, stolen, being repaired, no longer works or suffers irreparable damage.
Kaiser indicated some problems with HME providers not abiding by the regulation.
“We will follow up on individual cases and remedy the situation in some way if the problems continue,” he warned.
In an update on accreditation, CMS' Sandra Bastinelli offered clarification on a question posed during a previous teleconference: Does a federally-qualified health center that provides DMEPOS need to be accredited by the Sept. 30, 2009, deadline established for all DME providers?
“The quick answer is yes, you would need to be accredited by Sept. 30, 2009,” Bastinelli said, adding that because the center provides home medical equipment, it would need to adhere to the same requirements as HME providers.
She said CMS will host a conference Oct. 14 for DMEPOS providers who are not accredited. The conference, “Compliance with the DMEPOS Quality Standards: What You Need to Know,” will be held at CMS' Baltimore headquarters at 7500 Security Blvd. For more information, go to www.cms.hhs.gov/apps/events/event.asp and click on “Upcoming Events.”
Agency officials also reminded listeners that beginning March 1, 2009, DME MACs will accept only properly completed revised Advance Beneficiary Notices as valid notification. Currently, the MACS accept either ABN-G and ABN-L or the revised ABN.