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Protecting Home Oxygen and Medical Equipment Act of 2019

H.R. 2771 · 116th Congress · May 15, 2019 · Lineage

A BILL

To direct the Secretary of Health and Human Services to revise regulations with respect to payment rates for durable medical equipment under the Medicare program, and for other purposes.

Section 1 Short title

This Act may be cited as the “Protecting Home Oxygen and Medical Equipment Act of 2019” or the “Protecting HOME Act of 2019”.

Sec. 2 Revising payment rates for durable medical equipment under the Medicare program

(a)
Rural and noncontiguous areas— Not later than December 31, 2020, the Secretary of Health and Human Services shall revise section 414.210(g)(9)(iii) of title 42, Code of Federal Regulations (or any successor regulation), to apply the transition rule described in such section to all applicable items and services furnished in rural areas and noncontiguous areas (as such terms are defined for purposes of such section) on or after June 1, 2018.
(b)
Areas other than rural and noncontiguous areas— With respect to items and services furnished on or after the date that is 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall apply section 414.210(g)(9)(iv) of title 42, Code of Federal Regulations (or any successor regulation), as if the reference to “100 percent of the adjusted payment amount established under this section” were instead a reference to “75 percent of the adjusted payment amount established under this section and 25 percent of the unadjusted fee schedule amount”.

Sec. 3 Budget neutrality for oxygen under the Medicare program

Section 1834(a)(9)(D)(ii) of the Social Security Act (42 U.S.C. 1395m(a)(9)(D)(ii)) is amended by adding at the end the following new sentence: “The requirement of the preceding sentence shall not apply beginning on January 1, 2020.”.