Page:United States Statutes at Large Volume 101 Part 2.djvu/896

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101 STAT. 1330-102
101 STAT. 1330-102
PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1330-102

PUBLIC LAW 100-203—DEC. 22, 1987

month period ending with June 1987,^^ increased by fx t the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 6-month period ending with December 1987; or "(ii) in a subsequent year, is the amount specified in this subparagraph for the preceding year increased by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12month period ending with June of that preceding year. "(4) PAYMENT FOR CERTAIN CUSTOMIZED ITEMS.—Payment with respect to a covered item that is uniquely constructed or substantially modified to meet the specific needs of an individual patient shall be made in a lump-sum ^* amount for the purchase of the item in a payment amount based upon the carrier's individual consideration for that item, and for the reasonable and necessary maintenance and service for parts and labor not covered by the supplier's or manufacturer's warranty, when necessary during the period of medical need, and the amount recognized for such maintenance and service shall be paid on a lump-sum, as needed basis based upon the carrier's individual consideration for that item. "(5) PAYMENT FOR OXYGEN AND OXYGEN EQUIPMENT.—

"(A) IN GENERAL.—Payment for oxygen and oxygen equipment shall be made on a monthly basis in the monthly payment amount recognized under paragraph (9) for oxygen and oxygen equipment (other than portable oxygen equipment), subject to subpargigraphs (B) and (C). "(B) ADD-ON FOR PORTABLE OXYGEN EQUIPMENT.—When

portable oxygen equipment is used, but subject to subparagraph (D), the payment amount recognized under subparagraph (A) shall be increased by the monthly payment amount recognized under paragraph (9) for portable oxygen equipment. "(C) VOLUME ADJUSTMENT.—When the attending physi-

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cian prescribes an oxygen flow rate— "(i) exceeding 4 liters per minute, the payment amount recognized under subparagraph (A), subject to subparagraph (D), shall be increased by 50 percent, or "(ii) of less than 1 liter per minute, the payment amount recognized under subparagraph (A) shall be decreased by 50 percent. "(D) LIMIT ON ADJUSTMENT.—When portable

oxygen

equipment is used and the attending physician prescribes an oxygen flow rate exceeding 4 liters per minute, there shall only be an increase under either subparagraph (B) or (C), whichever increase is larger, and not under both such subparagraphs. "(6) PAYMENT FOR OTHER COVERED ITEMS (OTHER THAN DURABLE MEDICAL EQUIPMENT).—Payment for other covered items

(other than durable medical equipment and other covered items described in paragraph (3), (4), or (5)) shall be made in a lumpsum amount for the purchase of the item in the amount of the purchase price recognized under paragraph (8). " Copy read "June, 1987,",

    • Copy read "lump sum".