Page:United States Statutes at Large Volume 101 Part 2.djvu/900

 101 STAT. 1330-106

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PUBLIC LAW 100-203—DEC. 22, 1987 age 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. "(C) MONTHLY PAYMENT AMOUNT RECOGNIZED.—For purposes of paragraph (5), the amount that is recognized under this paragraph as the base monthly payment amount for each item furnished— "(i) in 1989 and in 1990, is 100 percent of the local '^ average monthly payment rate computed under subparagraph (A)(iiXI) for the item; "(ii) in 1991, is the sum of (I) 75 percent of the local average monthly payment rate computed under subparagraph (A)(ii)(II) for the item for 1991, and (II) 25 percent of the regional monthly payment rate computed under subparagraph (B)(i) for the item for 1991; "(iii) in 1992, is the sum of (I) 50 percent of the local average monthly payment rate computed under subparagraph (A)(iiXII) for the item for 1992, and (II) 50 percent of the regional monthly payment rate computed under subparagraph (B)(i) for the item for 1992; and "(iv) in a subsequent year, is the regional monthly payment rate computed under subparagraph (B) for the item for that year. "(D) RANGE ON AMOUNT RECOGNIZED.—The amount that is recognized under subparagraph (C) as the base monthly payment amount for an item furnished— "(i) in 1991, may not exceed 130 percent, and may not be lower than 80 percent, of the average of the base monthly payment amounts 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 base monthly payment amounts recognized under such subparagraph for all the carrier service areas in the United States in that year. "(10) EXCEPTIONS AND ADJUSTMENTS.— "(A) AREAS OUTSIDE CONTINENTAL UNITED STATES.—Excep-

tions to the amounts recognized under the previous provisions of this subsection shall be made to take into account the unique circumstances of covered items furnished in Alaska, Hawaii, or Puerto Rico, "(B) ADJUSTMENT FOR INHERENT REASONABLENESS.—For

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covered items furnished on or after January 1, 1991, the Secretary is authorized to apply the provisions of paragraphs (8) and (9) (other than subparagraph (D)) of section 1842(b) to covered items and suppliers of such items. "(C)

TRANSCUTANEOUS ELECTRICAL NERVE STIMULATOR

(TENS).—In order to permit an attending physician time to determine whether the purchase of a transcutaneous electrical nerve stimulator is medically appropriate for a particular patient, the Secretary may determine an appropriate payment amount for the initial rental of such item for a period of not more than 2 months. If such item is subsequently purchased, the payment amount with respect

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