Supplemental Oxygen Leaders: CMS’s Proposed Competitive Bidding Policy Underscores Urgent Need for Medicare Oxygen Reform
Oxygen leaders warn proposed CBP could again result in artificially low rates, further limiting patient access to care across the country
WASHINGTON – Following a preliminary review of the Centers for Medicare and Medicaid Services’ (CMS) proposed rule for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program Updates, the Council for Quality Respiratory Care (CQRC) is expressing concern that the proposed program could have substantial negative consequences on patient access and quality of care, urgently underscoring the need for Congress to pass supplemental oxygen reform that permanently removes the supplemental oxygen benefit from future rounds of Medicare’s competitive bidding program.
“While we continue to review the proposed rule to understand its full impact and scope, the CQRC is deeply concerned the methodology proposed by CMS could impede patient access to life-sustaining supplemental oxygen,” said Robin Menchen, CQRC Chair. “CQRC greatly appreciates CMS’s previous decision to pause the CBP and encourages the agency to carefully consider flaws in the previous CBP model that resulted in below-market rates, drastically lower reimbursement, and restricted patient access to modalities of care that help our most at-risk beneficiaries.”
“Proposals that prioritize government savings over patient needs will only exacerbate access issues already well documented in peer-reviewed research under the prior bidding model. Additionally, the decision to reinstate competitive bidding for oxygen therapies underscores the critical importance of passing the SOAR Act this year to ensure supplemental oxygen equipment and supplies remain available,” Menchen continued.
CQRC strongly supports the bipartisan Supplemental Oxygen Access Reform (SOAR) Act (S. 1406/H.R. 2902) – also championed by patient, patient advocacy, disease and physician groups nationwide – which would remove oxygen from the competitive bidding program and eliminate the barrier Medicare rates have created for patients seeking access to liquid oxygen. In addition, the SOAR Act would strengthen fraud and abuse policies, implement patient protections, support access to respiratory therapy services, and strengthen access to supplemental oxygen care in rural and underserved communities.
According to a previous analysis, the competitive bidding program resulted in negative consequences for home respiratory care patients and providers, primarily due to flawed design and implementation, the use of non-binding bids, median bid calculation, and unqualified providers, which cumulatively resulted in the limited availability of supplemental oxygen for Medicare beneficiaries.
“CQRC will continue analyzing the impacts of the proposed rule and provide formal comments to CMS to ensure patient access is protected and lessons learned from previous rounds of competitive bidding are applied in the final rule,” added Menchen. “Simultaneously, we will continue working with our coalition partners and champions in Congress to secure passage of the SOAR Act in the 119th Congress to permanently remove oxygen from future rounds of competitive bidding.”
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The Council for Quality Respiratory Care (CQRC) is a coalition of the nation’s leading home oxygen therapy providers and manufacturing companies providing in-home patient services and respiratory equipment including liquid oxygen, oxygen concentrators, and sleep therapy devices to Medicare beneficiaries who rely upon home oxygen therapy to maintain their independence and enhance their quality of life. Learn more at cqrc.org.
Media Contact:
Ellen Almond
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