National Home Oxygen Patients Association Issues an Urgent Call for Action

The following is a reprinted mailer authored by National Home Oxygen Patients Association and mailed to the members of the organization:

Urgent and Immediate Call for Action

The House of Representatives has taken action that seriously threatens the availability of portable oxygen equipment. The action also mandates that oxygen users accept ownership of their devises after 18 months of continuous use, not the 36 months mandated by Congress two years ago. If enacted as the House of Representatives recommends, these changes will take effect January 1, 2008.

Background: Two Key House Committees have recommended that the payment window for stationary oxygen systems be reduced from 36 months to 18 months. This is regarded as a compromise, as the Inspector General of HHS had recommended a cut to 13 months. Importantly, the Inspector General recommended this adjustment for stationary systems only.

However, the way the legislation is drafted it also includes some portable oxygen systems, most notably liquid systems. NHOPA believes that if this legislation becomes law, suppliers will likely stop providing lightweight oxygen systems as the payment by Medicare will not cover acquisition costs.

The NHOPA Board strongly believes that all PORTABLE systems, including portable oxygen concentrators, transfill systems, liquid systems and lightweight portable systems all should be kept at the 36 month payment threshold. This is in accordance with the recommendations of the HHS Inspector General.

The NHOPA Board also believes that the transfer of ownership from the oxygen supplier to the Medicare beneficiary is unacceptable. Such a transfer of ownership places patients at risk for maintaining medical devises when they lack expertise to do so, it creates an illegal gray market for FDA approved devises in terms of use after medical necessity ends and, as we understand it, puts an impossible burden on devise manufacturers to keep track of devises in the event of recall, replacement, required maintenance, etc.

Recommendation: Write to your two Senators immediately, and urge everyone you know who is using supplementary oxygen to do so as well. E-Mail is preferred, and fax is also acceptable. DO NOT WRITE LETTERS TO BE DELIVERED BY THE POSTAL SERVICE. Phone calls to Senate offices are also encouraged.

Here is the message:

1. Identify yourself by name and age and that you use oxygen.
2. The House of Representatives has approved legislation that is intended to reduce payment for stationary equipment, but it would make access to some portable oxygen systems nearly impossible.
3. The House has also taken action to expedite ownership transfer of oxygen systems to patients after 18 months of continuous use. We believe that responsibility for these FDA approved devises should lie with the supplier, not with the patient.

As a member of the National Home Oxygen Patients Association, please make sure that any action taken by the Senate related to Medicare guarantees that all portable systems continue to be paid for 36 months and that ownership transfer is repealed.

How to get the message to your Senators:

1. If you have access to the internet, go to www.senate.gov and click on “Senators” to find your senators. This will provide a list of all 100 senators with phone numbers and links to the Senators’ websites. Those websites provide fax, phone and e-mail information.
2. If you don’t have internet access, you may call the Senate switchboard at 202-224-3121 and ask to be connected to your Senators’ office.
3. If you want to talk to someone, ask for the health staff person who is responsible for Medicare and, in your own words, provide the message above.
4. If you would rather send a fax, simply ask for the fax #.
5. If you want to send an e-mail, ask for the e-mail address for the Senator or the health staff person responsible for Medicare.

*Reprinted with permission of NHOPA

I am a member of the NHOPA and would urge ALL oxygen users to become members. Your benefits are at grave risk, make no mistake about it. Please contact your Senators and join this fine organization to make your voice heard.