Page:United States Statutes at Large Volume 101 Part 2.djvu/897

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101 STAT. 1330-103
PUBLIC LAW 100-000—MMMM. DD, 1987
101 STAT. 1330-103

PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-103

"(7) PAYMENT FOR OTHER ITEMS OF DURABLE MEDICAL EQUIPMENT.—

"(A) IN GENERAL.—In the case of an item of durable medical equipment not described in paragraphs (2) through (6)"(i) payment shall be made on a monthly basis for the rental of such item during the period of medical need O^ut payments under this subparagraph may not extend over a period of continuous use of longer than 15 months), and, subject to subparagraph (B), the amount recognized for each such month is 10 percent of the purchase price recognized under paragraph (8) with respect to the item; (ii) during the succeeding 6-month period of medical need, no payment shall be made for rental or servicing of the item; and "(iii) during the first month of each succeeding 6month period of medical need, a service and maintenance payment may be made (for parts and labor not covered by the supplier's or manufacturer's warranty, as determined by the Secretary to be appropriate for the particular type of durable medical equipment) and the amount recognized for each such 6-month period is the lower of (I) a reasonable and necessary maintenance and servicing fee established by the carrier, or (II) 10 percent of the total of the purchase price recognized under paragraph (8) with respect to the item. The Secretary shall determine the meaning of the term 'continuous' in subparagraph (A). "(B) RANGE FOR RENTAL AMOUNTS.—

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"(i) FOR 1989.—For items furnished during 1989, the payment amount recognized under subparagraph (A)(i) shall not be more than 115 percent, and shall not be less than 85 percent, of the prevailing charge established for rental of the item January 1987, increased by the percentage increase in the consumer price index for all urbgm consumers (U.S. city average) for the 6-month period ending with December [ ].^*^ "(ii) FOR 1990.—For items furnished during 1990, the payment amount recognized under subparagraph (A)(i) shall not be more than the maximum amount established under clause (i), and shall not be less than the minimum amount established under such clause, for 1989, each such amount increased by the percents^e increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June 1989. "(8) PURCHASE PRICE RECOGNIZED FOR MISCELLANEOUS DEVICES

AND ITEMS.—For purposes of paragraphs (6) and (7), the amount that is recognized under this paragraph as the purchase price for a covered item is the amount described in subparagraph (C) of this paragraph, determined as follows: (A) COMPUTATION OF LOCAL PURCHASE PRICE.—Each carrier under section 1842 shall compute a base local purchase price for the item as follows: "(i) The carrier shall compute a base local purchase price, for each item described— '** Copy not legible.

91-194 O - 90 - 29: QL.3 Part 2