Page:United States Statutes at Large Volume 122.djvu/2586

 12 2 STA T . 2 563PUBLIC LA W 11 0– 2 7 5 —J UL Y 15, 200 8ac c es s ori es wh e nfu rnishe d in connec t ion with such whee l- chairs )’ ’ .(2 ) BUDGETN EUT RALOF F S ET. — ( A ) I N GENERAL.— S ection 1834 (a)(14) of such Act (42 U .S. C .13 95m (a)(14)) is amended— (i) by stri k in g‘ ‘and’’ at the end of sub p aragraphs ( H ) and (I) (ii) by redesignating subparagraph ( J ) as subpara- graph ( M ); and (iii) by inserting after subparagraph (I) the fol- lowing new subparagraphs

‘‘(J) for 2 0 09— ‘‘(i) in the case of items and ser v ices furnished in any geographic area , if such items or services were selected for competitive ac q uisition in any area under the competitive acquisition program under section 184 7 (a)(1)(B)(i)(I) before July 1, 2008, including related accessories but only if furnished with such items and services selected for such competition and diabetic sup- plies but only if furnished through mail order, - 9.5 percent; or ‘‘(ii) in the case of other items and services, the percentage increase in the consumer price inde x for all urban consumers (U.S. urban average) for the 12- month period ending with June 2008; ‘‘( K ) for 2010, 2011, 2012, and 2013, the percentage increase in the consumer price index for all urban con- sumers (U.S. urban average) for the 12-month period ending with June of the previous year; ‘‘( L ) for 2014— ‘‘(i) in the case of items and services described in subparagraph (J)(i) for which a payment ad j ustment has not been made under subsection (a)(1)( F )(ii) in any previous year, the percentage increase in the con- sumer price index for all urban consumers (U.S. urban average) for the 12-month period ending with June 2013, plus 2.0 percentage points; or ‘‘(ii) in the case of other items and services, the percentage increase in the consumer price index for all urban consumers (U.S. urban average) for the 12- month period ending with June 2013; and’’. (B) CONFOR MI NG TREATMENT FOR C ERTAIN ITEMS AND SER V ICES.— T he second sentence of section 1842(s)(1) of such Act (42 U.S.C. 1395u(s)(1)) is amended by striking ‘‘except that’’ and all that follows and inserting the fol- lowing: ‘‘except that for items and services described in paragraph (2)( D )— ‘‘(A) for 2009 section 1834(a)(14)(J)(i) shall apply under this paragraph instead of the percentage increase otherwise applicable; and ‘‘(B) for 2014, if subparagraph (A) is applied to the items and services and there has not been a payment adjustment under paragraph (3)(B) for the items and services for any previous year, the percentage increase computed under section 1834(a)(14)(L)(i) shall apply instead of the percentage increase otherwise applicable.’’. Ap p licab ili ty.

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