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SENATE, HOUSE BILLS WOULD REPEAL 'FORCED' PATIENT OWNERSHIP OF OXYGEN EQUIPMENT

August 7, 2006

Sen. Pat Roberts (R-Kan.) Aug. 3 introduced a bill that would repeal provisions in the Deficit Reduction Act (DRA) to transfer ownership of oxygen equipment to Medicare beneficiaries after 36 months of use. The bill has been referred to Senate Finance Committee.

The bill is a companion to H.R. 5513, the Home Oxygen Patient Protection Act, introduced by Rep. Joe Schwarz (R-Mich.) in May.

Critics of the DRA policy on oxygen equipment say it raises numerous patient-safety concerns.

"With transfer of ownership of the medical device, control over dosage levels shifts to the patient, increasing the risk of self-medication to the patient's detriment," Ann Howard, director of federal policy for AAHomecare, wrote in an editorial in the Dealer Provider.

Furthermore, "there are no specifics or assurances [in the DRA] addressing mechanisms for ongoing maintenance and service of the equipment, refilling of portable systems, repair or replacement of broken equipment, 24-hour emergency service or replacement supplies," Howard said.