Page:United States Statutes at Large Volume 104 Part 2.djvu/487

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-79 rental of the replacement item in accordance with subparagraph (A).". (4) TREATMENT OF POWER-DRIVEN WHEELCHAIRS AS MISCELLANE- OUS ITEMS OF DURABLE MEDICAL EQUIPMENT. — (A) IN GENERAL.— Section 1834(a)(2)(A) (42 U.S.C. 1395m(a)(2)(A)) is amended— (i) in clause (i), by inserting "or" at the end; (ii) in clause (ii), by striking "or" at the end; and (iii) by striking clause (iii). (B) CRITERIA FOR TREATMENT OF WHEELCHAIR AS CUS- TOMIZED ITEM. — (i) Section 1834(a)(4) (42 U.S.C. 1395m(a)(4)) is amended by adding at the end the following: "In the case of a wheelchair furnished on or after January 1, 1992, the wheelchair shall be treated as a customized item for purposes of this paragraph if the wheelchair has been measured, fitted, or adapted in consideration of the patient's body size, disability, period of need, or intended use, and has been assembled by a supplier or ordered from a manufacturer who makes available customized features, modifications, or components for wheelchairs that are intended for an individual patient's use in accordance with instructions from the patient's physician.". (ii) The amendment made by clause (i) shall apply to items furnished on or after January 1, 1992, unless the Secretary develops specific criteria before that date for the treatment of wheelchairs as customized items for purposes of section 1834(a)(4) of the Social Security Act (in which case the amendment made by such clause shall not become effective). (d) FREEZE IN REASONABLE CHARGES FOR PARENTERAL AND EN- TERAL NUTRIENTS, SUPPUES, AND EQUIPMENT DURING 1991. —In determining the amount of payment under part B of title XVIII of the Social Security Act for enteral and parenteral nutrients, supplies, and equipment furnished during 1991, the charges determined to be reasonable with respect to such nutrients, supplies, and equipment may not exceed the charges determined to be reasonable with respect to such items for 1990. (e) REQUIRING PRIOR APPROVAL FOR POTENTIALLY OVERUSED ITEMS.—Section 1834(a) (42 U.S.C. 1395m(a)), as amended by subsection (b), is amended by adding at the end the following new paragraph: " (15) CARRIER DETERMINATIONS OF POTENTIALLY OVERUSED ITEMS IN ADVANCE. — "(A) DEVELOPMENT OF UST OF ITEMS BY SECRETARY. — The Secretary shall develop and periodically update a list of items for which payment may be made under this subsection that the Secretary determines, on the basis of prior payment experience, are frequently subject to unnecessary utilization, and shall include in such list seat-lift mechanisms, transcutaneous electrical nerve stimulators, and motorized scooters. "(B) DETERMINATIONS OF COVERAGE IN ADVANCE.— A carrier shall determine in advance whether payment for an item included on the list developed by the Secretary under subparagraph (A) may not be made because of the application of section 1862(a)(1). ". 42 USC 1395m note. 42 USC 1395u note.