Oxygen Access Rights
Medicare recipients have the following rights. Those with private insurance should review their health benefits and contact their insurance provider with questions.
You have the right to continuous service.
- Cannot drop you, change your equipment or delivery system without approval from both you and your doctor
- Cannot change the terms of your contract regarding either your equipment or the number of tanks you receive
- Must continue to provide you services if you move to a new area – either directly or by contracting with another supplier for the remainder of your contract
You have the right to effective equipment and treatment.
- Must provide you with the necessary oxygen equipment accessories for the entire duration of your contract, including regulators, filters, masks and tubing
- Must provide you with working equipment and repair any broken equipment
- Must honor changes in medical necessity if your physician decides your oxygen equipment can no longer provide what you need (Note: your physician must provide a new letter of medical necessity)
What should I do if my oxygen provider is breaking the rules?
- Refuse any unfair changes of equipment or coverage by providing the supplier with a written notice of refusal and requesting that they provide you with documentation of their proposed changes.
- Contact your physician to inform him/her of the situation and ensure that he/she has sent the most recent letter of medical necessity to your supplier. A letter of medical necessity is a request for service from your physician, documenting the need for specific therapies or treatments.
- File a Medicare complaint through 1-800-MEDICARE (633-4227). A Medicare representative can put you in contact with the Competitive Acquisition Ombudsman (CAO) if problems persist.
- Involve the local media if your supplier continues to break the rules. Contact us at MediaAction@PHAssociation.org for assistance.
- File an Americans with Disabilities Act complaint.
PHA can help you through this process. Contact us for additional information and assistance.