Supplemental Oxygen Providers & Suppliers Commend Reintroduction of the Supplemental Oxygen Access Reform (SOAR) Act in U.S. Congress

The bipartisan legislation improves patient access to oxygen modalities, while strengthening Medicare fraud and abuse protections to improve respiratory care

WASHINGTON, DC –– The Council for Quality Respiratory Care (CQRC) – a coalition of the nation’s leading home respiratory therapy providers and manufacturing companies – today applauds the reintroduction of the bipartisan Supplemental Oxygen Access Reform (SOAR) Act (S. 1406/H.R. 2902) in the 119^th Congress. The bipartisan bill was introduced in the U.S. Senate by Senators Bill Cassidy (R-LA), Mark Warner (D-VA), and Amy Klobuchar (D-MN) and in the U.S. House by Representatives David Valadao (R-CA), Julia Brownley (D-CA), Adrian Smith (R-NE), and Gabe Evans (R-CO). 

For millions of Americans living with respiratory and pulmonary diseases, supplemental oxygen is a lifeline. The SOAR Act would help streamline respiratory patients’ access to care and improve the availability and delivery of supplemental oxygen to Medicare beneficiaries in three major ways. Specifically, the legislation is designed to reform the Medicare Supplemental Oxygen Benefit by: 

1. Establishing strong patient protections, including the establishment of a standardized, electronic template to protect patients and providers against fraud and abuse,
2. Creating a stable Medicare reimbursement rate to safeguard access to the proper oxygen modalities for patients, including liquid oxygen, and
3. Recognizing the important role of respiratory therapy services with an add-on payment.

“The CQRC applauds Senate and House sponsors for the prompt reintroduction of the SOAR Act in the 119th Congress to maintain and stabilize reimbursement rates for supplemental oxygen supplies and services. This legislation will also ensure enhanced respiratory and pulmonary care access, including increased access to high flow modalities for patients to improve independence and quality of life,” said Robin L. Menchen, President and CEO of Rotech Healthcare and board member of the Council for Quality Respiratory Care (CQRC). “We look forward to continuing our advocacy for this important legislation by building upon the momentum the SOAR Act received in the previous Congress to ensure it is passed this year.”

Under current law, existing federal policies often undercut the ability of patients to access the medically necessary treatments their doctors prescribe, creating care barriers for individuals facing severe asthma, pneumonia, sleep apnea, chronic obstructive pulmonary disease (COPD), and cystic fibrosis. The SOAR Act, championed by Senators Cassidy, Warner, and Klobuchar and Representatives Valadao, Brownley, Smith, and Evans, addresses the challenges faced by Americans living with serious respiratory and pulmonary conditions. 

The SOAR Act removes supplemental oxygen from Medicare’s competitive bidding program (CBP) to establish separate payment rates for non-liquid and liquid oxygen, reflecting diverse patient needs and oxygen therapy modalities. In doing so, more beneficiaries who require supplemental oxygen will have access to oxygen therapy both in their home and communities. To protect access to care delivered by respiratory therapists and help patients afford and access these essential services, the SOAR Act establishes an add-on payment for respiratory therapy services to the supplemental oxygen rate, including the blended rates for rural and other non-urban areas.

Further, the bill requires Medicare contractors to adopt an electronic template created by the Centers for Medicare & Medicaid Services (CMS), which would make it easier to prevent fraudulent or abusive claims, clarify patient needs, and ensure fair reimbursement. The adoption of electronic data elements to determine medical necessity would provide clear, objective protections for beneficiaries who receive supplemental oxygen, in addition to provisions for supplier responsibility to uphold high-quality services. By requiring physicians to provide specific data elements in a template when ordering supplemental oxygen, Medicare beneficiaries can be better protected from potential fraud and abuse. This reform will allow for a more direct and systematic way to establish medical necessity for supplemental oxygen therapies. 

The CQRC looks forward to working with bipartisan lawmakers, patient advocates, and supplemental oxygen stakeholders to further advance this legislation in 2025. In the 118^th Congress, the SOAR Act garnered a significant number of bipartisan cosponsors in both the House and Senate.