Page:United States Statutes at Large Volume 101 Part 2.djvu/899

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101 STAT. 1330-105
PUBLIC LAW 100-000—MMMM. DD, 1987
101 STAT. 1330-105

PUBLIC LAW 100-203—DEC. 22, 1987

Is. J l^-)Ki[ '*:. •! vb I

101 STAT. 1330-105

"(i) in 1991, may not exceed 130 percent, and may not be lower than 80 percent, of the average of the purchase prices recognized under such subparagraph for all the carrier service areas in the United States in that year; and "(ii) in a subsequent year, may not exceed 125 percent, and may not be lower than 85 percent, of the average of the purchase prices recognized under such subparagraph for all the carrier service areas in the United States in that year.

"(9) MONTHLY PAYMENT AMOUNT RECOGNIZED WITH RESPECT TO

OXYGEN AND OXYGEN EQUIPMENT.—For purposes of paragraph (5), the amount that is recognized under this paragraph for payment for oxygen and oxygen equipment is the monthly payment amount described in subparagraph (C) of this paragraph. Such amount shall be computed separately (i) for all items of oxygen and oxygen equipment (other than portable oxygen equipment) and (ii) for portable oxygen equipment (each such group referred to in this paragraph as an 'item). "(A) COMPUTATION OF LOCAL MONTHLY PAYMENT RATE.—

Each carrier under this section shall compute a base local payment rate for each item as follows: ,^.;^, ^ "(i) The carrier shall compute a base local average monthly payment rate per beneficiary as an amount equal to (I) the total reasonable charges for the item during the 12-month period ending with December 1986, divided by (II) the total number of months for all A, . beneficiaries receiving the item in the area during the 12-month period for which the carrier made payment for the item under this title. "(ii) The carrier shall compute a local average monthlv payment rate for the item applicable— (I) to 1989, equal to 95 percent of the base local average monthly payment rate computed under clause (i) for the item increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with December 1987, or "(II) to 1990 and to 1991, equal to the local '^^' average monthly payment rate computed under this clause for the item for the previous year increased by the percentage increase in the ^'"^ consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of the previous year. "(B)

COMPUTATION

OF

REGIONAL

MONTHLY

PAYMENT

RATE.—With respect to the furnishing of an item in each region (as defined in section 1886(d)(2)(D)), the Secretary shall compute a regional monthly payment rate— "(i) for 1991, and 1992, equal to the average (weighted by relative volume of all claims among carriers) of the local monthly payment rates for the carriers in the region computed under subparagraph (A)(iiXID for the year, and "(ii) for each subsequent year, equal to the regional monthly payment rates computed under this subparagraph for the previous year increased by the percent-