Bill to Repeal DRA Oxygen Cap Introduced in Senate

WASHINGTON–Provisions in the Deficit Reduction Act that cap
Medicare oxygen rental at 36 months, then transfer equipment
ownership to the beneficiary, would be repealed under legislation
introduced in the Senate Thursday.

S. 3814, introduced by Sen. Pat Roberts, R.-Kan., shortly before
the Senate adjourned for its August recess, would restore ownership
of oxygen equipment to providers.

“With the transfer of ownership of the medical oxygen equipment
to the patient, important preventive maintenance mandated by
manufacturers and currently performed by oxygen providers shifts to
the patient,” Roberts said. “This increases the risk of patients
self-medicating or not getting enough oxygen due to equipment
malfunction. This is an unreasonable burden and worry for seniors
who are very ill.”

Sens. Mike DeWine, R-Ohio; Barbara Mikulski, D-Md.; Jack Reed,
D-R.I.; and George Voinovich, R-Ohio, co-sponsored the legislation,
which was referred to the Senate Finance Committee.

The bill is a companion to H.R. 5513, the Home Oxygen Patient
Protection Act of 2006, introduced in May by Reps. Joe Schwarz,
R-Mich., and Tom Price, R-Ga. (see HomeCare Monday, June 5). The House bill has
picked up 48 co-sponsors.

The American Association for Homecare said Friday that it
“strongly endorses” the proposed legislation, calling the two bills
“excellent tools for reversing the oxygen policy changes passed in
the DRA, which raise numerous patient-safety concerns.”

To view the text of H.R. 5513, visit http://thomas.loc.gov.
The text of S. 3814 should be available shortly.