Title IV — Establishment of beneficiary rights

“(I) Establishing protections for individuals receiving oxygen or oxygen related equipment, supplies, or services—The Secretary shall establish through regulation protections for any individual receiving oxygen or oxygen related equipment, supplies, or services under this part where such individual shall have the right to—

“(i) choose the local supplier of such services from among qualified suppliers and to change such supplier;

“(ii) receive communications from the supplier in a clear and understandable manner;

“(iii) ensure privacy and confidentiality in all aspects of treatment and the personal health information of such individual consistent with Federal and State laws;

“(iv) be informed by the supplier of such services about all aspects of the services being furnished by such supplier and be informed of the right to refuse treatment, to discontinue treatment, and to refuse to participate in experimental research;

“(v) be informed by the supplier of policies and expectations of the supplier regarding patient conduct and responsibilities;

“(vi) be informed by the supplier about treatment modalities and categories of equipment relating to oxygen services for use by the individual and offered by the supplier;

“(vii) be informed by the supplier of the policies of such supplier regarding 24-hour on-call coverage;

“(viii) be informed by the supplier of the financial responsibilities of the individual with regard to such services;

“(ix) be provided with the appropriate gaseous or liquid oxygen equipment, supplies, and services to ensure the mobility of the beneficiary, as well as the clinically appropriate amount of oxygen and oxygen related equipment, supplies, and services as agreed upon by the individual (or the individual’s representative), the supplier, and the prescribing practitioner;

“(x) receive equipment that is maintained to the guidelines of the manufacturer;

“(xi) have broken or faulty equipment repaired or replaced in a timely manner;

“(xii) have oxygen or oxygen related equipment or supplies delivered by the supplier and to be contacted consistent with the requirements of section 410.38 of title 42, Code of Federal Regulations;

“(xiii) be informed by the supplier of any potential changes to the equipment, supplies, or services of the individual and the right to consult with the prescribing practitioner of the individual regarding such changes to ensure they are appropriate and necessary and to be informed of the exceptions, as specified by the Secretary, when a supplemental oxygen services supplier may change the oxygen equipment of the individual;

“(xiv) be informed by the supplier of the internal and external grievance processes of the supplier (as well as how to contact Medicare through a hotline or beneficiary ombudsman), which shall include the right of an individual to file, personally or through a representative of the individual's choosing, an internal or external grievance without retaliation or denial of services;

“(xv) in the case of a supplier involuntary discharging an individual—

“(I) receive from such supplier a written notice that is provided to the individual no later than 30 days in advance of the involuntary discharge of the individual; and

“(II) have such supplier—

“(aa) follow established involuntary discharge procedures; or

“(bb) in the case of an immediate threat to the health and safety of others, follow an abbreviated involuntary discharge procedure;

“(xvi) be assisted by the supplier in obtaining the oxygen equipment and supplies prescribed by the treating physician of the individual when the individual is traveling;

“(xvii) receive from the supplier oxygen supplies, refills, and emergency back-up equipment, as appropriate; and

“(xviii) be informed of a plan by the supplier in case of a power outage or other natural emergency, so that the individual will continue to receive the necessary oxygen supplies and equipment.”