CMS Pub. 100-04, ch. 20, § 60

Equipment

(Rev. 1, 10-01-03)

B3-5105

Delivery and service are an integral part of oxygen and durable medical equipment

(DME) suppliers' costs of doing business. Such costs are ordinarily assumed to have

been taken into account by suppliers (along with all other overhead expenses) in setting

the prices they charge for covered items and services. As such, these costs have already

been accounted for in the calculation of the fee schedules. Also, most beneficiaries reside

in the normal area of business activity of one or more DME supplier(s) and have

reasonable access to them.

Therefore, DME MACs may not allow separate delivery and service charges for oxygen

or DME except as specifically indicated in §§90 or in rare and unusual circumstances

when the delivery is not typical of the particular supplier's operation.

For example, there may be situations in which it is necessary for a DME dealer to incur

extraordinary delivery expenses in order to meet the needs of beneficiaries living in

remote areas that are not served by a local dealer or when a local dealer is temporarily out

of stock of required oxygen or equipment. For example, DME MACs may recognize a

reasonable separate delivery charge when the supplier must deliver an item of DME

outside its normal area of business activity and the beneficiary does not have access to a

supplier whose location is nearer.

When a supplier delivers oxygen or DME outside the area in which he/she normally does

business, but the item could have been obtained locally, DME MACs may allow any

separate additional delivery charge only to the extent that it does not raise the total

payment for the oxygen or DME above the local fee schedule.

When a separate charge can be allowed for delivery/service, DME MACs base the

amount (based on mileage or a flat rate) on all of the relevant circumstances, including:

• The time and distance traveled;

• The actual additional expenses incurred by the supplier;

• The type and quantity of equipment or oxygen delivered;

• The supplier's customary charge under such circumstances;

• The prevailing charges in the locality under such circumstances; and

• Delivery charges made elsewhere in similar localities. Any separate delivery

charges recognized because of unusual circumstances may, of course, be paid for

only for deliveries that have actually been made.

Suppliers must be advised in the DME MAC service areas to bill a separate delivery

charge only in those rare situations in which "unusual circumstances" were encountered.

Information issuances should be used to advise DME suppliers of the need to fully

document unusual circumstances on claims/bills for separate delivery charges. If a

supplier, nevertheless, routinely itemizes delivery charges, DME MACs may consider

payment for the charges to be included in the fee for the equipment.