CMS Pub. 100-03, ch. 1, § 240.9

of Chronic Respiratory Failure (CRF) Consequent to Chronic Obstructive Pulmonary

Disease (COPD)

(Rev. 13808; Issued: 05-29-26; Effective: 06-09-25; Implementation: 10-22-25)

A. General

Respiratory Assist Devices (RADs) with bi-level capability, with or without a backup rate feature, are

devices that use a non-invasive interface (mask) to deliver a higher level of airway pressure when the

patient inhales than when the patient exhales. A backup rate feature on certain RADs enables the device

to provide a prespecified respiratory rate if the patient’s spontaneous respiratory rate decreases below a

set number.

Compared with RADs, home mechanical ventilators (HMVs) typically have additional ventilatory modes,

monitoring, ventilator control, and safety, alarm, and backup power features (batteries).

B. Nationally Covered Indications

I. Respiratory Assist Devices (RADs)

(a) Initial Coverage Criteria

(i) RAD with Backup Rate Feature

The Centers for Medicare & Medicaid Services (CMS) will cover in the home a RAD with backup rate

feature to deliver high intensity noninvasive ventilation (NIV) as treatment for patients with chronic

respiratory failure (CRF) consequent to chronic obstructive pulmonary disease (COPD). A RAD with

backup rate feature is covered in the home for an initial 6-month period for patients with COPD when all

the following criteria are met:

• The patient exhibits persistent hypercapnia as demonstrated by PaCO2 ≥ 52 mmHg by arterial blood

gas during awake hours while breathing his/her prescribed FiO2; and

• Sleep apnea is not the predominant cause of the hypercapnia (Formal sleep testing is not required if,

per the treating clinician, the patient does not experience sleep apnea as the predominant cause of

hypercapnia.); and

• The patient demonstrates one of the following characteristics:

• Stable COPD, without increase in or new onset of more than one respiratory

symptom (cough, sputum production, sputum purulence, wheezing, or

dyspnea) lasting 2 or more days and no change of pharmacological treatment

during the 2-week period before initiation of NIV, or

• Hypercapnia present for at least 2 weeks post hospitalization after resolution of an

exacerbation of COPD requiring acute NIV.

By the end of the initial 6-month period, a RAD with backup rate feature must be utilized as high intensity

therapy, defined as a minimum IPAP ≥ 15 cm H2O and backup respiratory rate of at least 14 breaths per

minute.

(ii) RAD without Backup Rate Feature

CMS will cover in the home a RAD without backup rate feature for a patient with CRF consequent to

COPD who cannot tolerate high intensity NIV or for whom the backup rate feature is otherwise

medically inappropriate. A RAD without backup rate feature is covered in the home for an initial 6-month period for patients with COPD when all of the following criteria are met:

• The patient exhibits hypercapnia as demonstrated by PaCO2 ≥ 52 mmHg by arterial blood

gas during awake hours while breathing his/her prescribed FiO2; and

• Sleep apnea is not the predominant cause of the hypercapnia; (Formal sleep testing is not

required if, per the treating clinician, the patient does not experience sleep apnea as the

predominant cause of hypercapnia.).

(iii) RAD Upon Hospital Discharge

CMS will cover in the home a RAD with or without backup rate feature immediately upon hospital

discharge for an initial 6-month period for patients with acute on chronic respiratory failure due to

COPD, if the patient required either a RAD or ventilator within the 24-hour period prior to hospital

discharge and the treating clinician determines that the patient is at risk of rapid symptom

exacerbation or rise in PaCO2 after discharge.

(b) Continuing Usage Criteria for a RAD

Patients must be evaluated at least twice within the first year after initially receiving a RAD.

Evaluations must occur by the end of the six-month initial coverage period and again during

months 7-12.

First evaluation:

By 6 months after receiving initial coverage of a RAD, the treating clinician must establish that

usage criteria and clinical outcomes are being met. Specifically, the patient must be determined

by a clinician to use the RAD at least 4 hours per 24-hour period, on at least 70% of days in

a 30-day period and achieve at least one the following clinical outcomes:

• Normalization (< 46 mmHg) of PaCO2, or

• Stabilization of a rising PaCO2, or

• 20% reduction in PaCO2 from baseline value, or

• Improvement of at least one of the following patient symptoms associated with chronic hypercapnia:

 headache

 fatigue

 shortness of breath

 confusion

 sleep quality

Second evaluation:

Between 7-12 months after initially receiving a RAD, the treating clinician must establish

the patient is using the device at least 4 hours per 24-hour period on at least 70% of days

in each paid rental month.

Post second evaluation:

The patient must be using the device at least 4 hours per 24-hour period on at least 70%

of days in each remaining paid rental month and any month in which accessories/supplies

are dispensed.

II. Home Mechanical Ventilators

(a) Initial Coverage Criteria

CMS will cover a home mechanical ventilator (HMV) used in a volume targeted mode as treatment for a

patient with chronic respiratory failure (CRF) consequent to chronic obstructive pulmonary disease

(COPD) who exhibits certain clinical characteristics.

(i) An HMV is covered for an initial 6-month period for patients with COPD when all of the following

criteria are met:

• The patient exhibits hypercapnia as demonstrated by PaCO2 ≥ 52 mmHg by arterial blood gas

during awake hours while breathing his/her prescribed FiO2; and

• Sleep apnea is not the predominant cause of the hypercapnia (Formal sleep testing is not required if,

per the treating clinician, the patient does not experience sleep apnea as the predominant cause of

hypercapnia.); and

• The patient demonstrates at least one of the following characteristics:

• Requires oxygen therapy at an FiO2 ≥36% or ≥ 4L nasally, or

• Requires ventilatory support for more than 8 hours per 24-hour period, or

• Requires the alarms and internal battery of a HMV, because the patient is unable to effectively

breathe on their own for more than a few hours and the unrecognized interruption of ventilatory

support is likely to cause a life-threatening condition if the patient or caregiver cannot be otherwise

alerted as determined by the treating clinician, or

• Per the treating clinician, none of the below are likely to be achieved with consistent

use of a RAD with backup rate feature for at least 4 hours per 24-hour period on at

least 70% of days because the patient’s needs exceed the capabilities of a RAD as

justified by the patient’s medical condition:

• Normalization (< 46 mmHg) of PaCO2, or

• Stabilization of a rising PaCO2, or

• 20% reduction in PaCO2 from baseline value, or

• Improvement of at least one of the following patient symptoms associated with chronic hypercapnia:

 headache

 fatigue

 shortness of breath

 confusion

 sleep quality

(ii) Home Mechanical Ventilator Use Upon Hospital Discharge

CMS will cover in the home an HMV used in a volume targeted mode immediately upon

hospital discharge for an initial 6-month period for patients with acute on chronic

respiratory failure due to COPD if the patient’s needs exceeded the capabilities of a

RAD (with or without backup rate feature) and required usage of a ventilator within

the 24-hour period prior to hospital discharge and the treating clinician determines

that the patient is at risk of rapid symptom exacerbation or rise in PaCO2 after discharge.

b) Continuing Usage Criteria for an HMV

Patients must be evaluated at least twice within the first year after initially receiving an HMV. Evaluations

must occur by the end of the six-month initial coverage period and again during

months 7-12.

First evaluation:

By 6 months after receiving initial coverage of an HMV, the treating clinician must establish

that usage criteria are being met. The patient must be determined by a clinician to use the

HMV at least 4 hours per 24-hour period, on at least 70% of days in a 30-day period.

Second Evaluation:

Between 7-12 months after initially receiving an HMV, the treating clinician must establish the

patient is using the device at least 4 hours per 24-hour period on at least 70% of days in each

paid rental month.

Post second evaluation:

The patient must be using the device at least 4 hours per 24-hour period on 70% of days in each

paid rental month.

(c) Masks for HMVs

For patients who use an HMV in a volume targeted mode: 1) for greater than 8 hours in any 24-hour period; and 2) use an oronasal mask at night, a different interface (e.g.,mouthpiece

ventilation or nasal mask) is covered for daytime hours. Note, coverage of such supplies does

not exclude coverage of additional supplies necessary for the effective use of the HMV.

C. Nationally Non-Covered

Indications

N/A

D. Other

Medicare Administrative Contractors (MACs) may make reasonable and necessary

determinations under section 1862(a)(1)(A) of the Social Security Act for any patient seeking

initial coverage or continued coverage for RADs or HMVs used as treatment of chronic

respiratory failure consequent to COPD.

Additionally, CMS will make conforming changes in Section 280.1 (Durable Medical Equipment

List) of the National Coverage Determinations (NCD) Manual to add a cross reference to the

new NCD

section 240.9 (NIPPV in the Home for the Treatment of CRF Consequent to

COPD). (This NCD last reviewed June 2025.)