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REGS : 10.09.18 Oxygen and Related Respiratory Equipment Services (MEDICAL CARE PROGRAMS)

Maryland Register
Issue Date:  January 23, 2015
Volume 42 • Issue 2 • Page 182
Title 10
10.09.18 Oxygen and Related Respiratory Equipment Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland
Notice of Proposed Action
The Secretary of Health and Mental Hygiene proposes to amend Regulation .03 under COMAR 10.09.18 Oxygen and Related Respiratory Equipment Services.
Statement of Purpose
The purpose of this action is to require oxygen providers to be accredited by a Medicare approved accreditation organization as a condition of Medicaid enrollment and out-of-State providers, more than 25 miles beyond the Maryland state line, to supply site visit documentation completed by Medicare or another state Medicaid agency.
Comparison to Federal Standards
There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to, or fax to 410-767-6483. Comments will be accepted through February 23, 2015. A public hearing has not been scheduled.
.03 Conditions for Participation.
To participate in the Program, the provider shall:
A. Unless exempt from Medicare accreditation requirements:
(1) Be [an accredited Medicare provider of oxygen] accredited by a Medicare-approved accreditation organization;
(2)—(3) (text unchanged)
B. (text unchanged)
C. If located more than 25 miles from the border of Maryland, shall provide to the Program documentation demonstrating that the enrollment and screening requirements of 42 CFR Part 455, Subpart E have been performed within the 12 months preceding the application for initial enrollment or revalidation of enrollment by:
(1) A Medicare contractor; or
(2) The Medicaid agency or the Children’s Health Insurance Program of another state;
[C.] D.[Q.] R. (text unchanged)
Secretary of Health and Mental Hygiene

 Content Editor