WASHINGTON--A rule proposed last week by the Department of Transportation would require U.S. and foreign airlines operating to and from the United States to provide supplemental oxygen free of charge to patients in need. The proposed rule, published in the Sept. 7 Federal Register, would modify the Air Carrier Access Act of 1986, which prohibits discrimination in airline service on the basis of disability and would apply to all passenger carriers operating at least one aircraft with more than 60 seats.

"Passengers who use oxygen deserve the same access to our air transportation system as do travelers with other disabilities or medical conditions," said U.S. Transportation Secretary Norman Mineta. "This rulemaking continues our effort to ensure that Americans with disabilities are treated fairly when they travel by air."

Currently, airlines are not required to provide oxygen to passengers, and some major carriers do not. Those that do provide the service usually charge a fee that can be prohibitively expensive, according to the DOT. One study cited by the agency said the costs for supplied oxygen can range between $64 and $1,500 per trip.

A recent rule by the Federal Aviation Administration permits airlines to allow patients to take certain portable oxygen concentrators--Goleta, Calif.-based Inogen's Inogen One and Buffalo, N.Y.-based AirSep's Lifestyle--onboard, but the air carriers are not required to do so. (See HomeCare Monday, July 18, 2005.)

The DOT proposal, if made final, would also require all airlines except for air taxis to test four types of respiratory assistive devices--ventilators, respirators, continuous positive airway pressure (CPAP) devices and certain portable oxygen concentrators--to make sure they do not cause electromagnetic interference with aircraft navigation and communications. Under the proposed rule, passengers would be allowed to use these devices when flying if it is found they can be safely operated on board.

To view the proposed rule, click here. The DOT will accept public comments through Nov. 7. To comment, visit http://dms.dot.gov.

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