Headline News
HOPP Act Would Repeal 36-Month Oxygen Cap
WASHINGTON--Yesterday, Reps. Tom Price, R-Ga., and Heath Shuler,
D-N.C., introduced legislation to repeal the 36-month rental cap on
home oxygen therapy. The Home Oxygen Patient Protection (HOPP) Act
of 2009 (H.R. 2373) would restore payments for the period of
medical need.
In a joint statement, Price and Shuler noted the existing law
“jeopardizes the patient-provider relationship for home
oxygen care after 36 months under Medicare.”
Price, a physician, has twice before introduced legislation to
repeal the oxygen cap following the Deficit Reduction Act’s
limit on rental payments, which took effect Jan. 1. (See “Price
Reintroduces Bill to Repeal O2 Cap,” Jan. 29, 2007.) In
Congress’ 110th session, the HOPP Act (then known as H.R.
621), garnered 143 cosponsors.
Shuler has championed the industry’s fight against
competitive bidding, calling for an end to the program in a
congressional hearing earlier this year. (See “Shuler
Calls on Congress to End Competitive Bidding,” Feb.
12.)
In a “Dear Colleague” letter in December, which they
titled "Help Protect Home Oxygen Suppliers," the representatives
noted the oxygen cap was set to coincide with the 9.5 percent DME
reimbursement cut for product categories including oxygen, which
also took effect Jan. 1. And in a Feb. 9 letter addressed to House
leaders, Price and Shuler again asked colleagues for help in urging
CMS to set adequate payments for oxygen after the cap period.
That letter, also signed by Reps. Mike Ross, D- Ark., and Jo Ann
Emerson, R-Mo., pointed out that home oxygen “is a critical,
life-sustaining medical treatment” and said both patients and
providers had already begun to see “the detrimental
effects” of the new oxygen rules.
