Editorial Note on Part 414
Editorial Note: Nomenclature changes to part 414 appear at 60 FR 50442, Sept. 29, 1995, and 60 FR 53877, Oct. 18, 1995.

§ 414.228 Prosthetic and orthotic devices. ( a ) *Payment rule.* Payment is made on a lump-sum basis for prosthetic and orthotic devices subject to this subpart.
( b ) *Fee schedule amounts.* The fee schedule amount for prosthetic and orthotic devices is determined as follows: ( 1 ) The carrier determines a base local purchase price equal to the average reasonable charge for items purchased during the period July 1, 1986 through June 30, 1987 based on the mean of the carrier's allowed charges for the item.
( 2 ) The carrier determines a local purchase price equal to the following: ( i ) For 1989 and 1990, the base local purchase price is adjusted by the change in the level of the CPI-U for the 6-month period ending December 1987.
( ii ) For 1991 through 1993, the local purchase price for the preceding year is adjusted by the applicable percentage increase for the year. The applicable percentage increase is equal to 0 percent for 1991. For 1992 and 1993, the applicable percentage increase is equal to the percentage increase in the CPI-U for the 12-month period ending with June of the previous year.
( iii ) For 1994 and 1995, the applicable percentage increase is 0 percent.
( iv ) For all subsequent years the applicable percentage increase is equal to the percentage increase in the CPI-U for the 12-month period ending with June of the previous year.
( 3 ) CMS determines the regional purchase price equal to the following: ( i ) For 1992, the average (weighted by the relative volume of all claims among carriers) of the local purchase prices for the carriers in the region.
( ii ) For 1993 and subsequent years, the regional purchase price for the preceding year adjusted by the applicable percentage increase for the year.
( 4 ) CMS determines a purchase price equal to the following: ( i ) For 1989, 1990 and 1991, 100 percent of the local purchase price.
( ii ) For 1992, 75 percent of the local purchase price plus 25 percent of the regional purchase price.
( iii ) For 1993, 50 percent of the local purchase price plus 50 percent of the regional purchase price.
( iv ) For 1994 and subsequent years, 100 percent of the regional purchase price.
( 5 ) For 1992 and subsequent years, CMS determines a national average purchase price equal to the unweighted average of the purchase prices determined under paragraph (b)(4) of this section for all carriers.
( 6 ) CMS determines the fee schedule amount equal to 100 percent of the purchase price determined under paragraph (b)(4) of this section, subject to the following limitations: ( i ) For 1992, the amount cannot be greater than 125 percent nor less than 85 percent of the national average purchase price determined under paragraph (b)(5) of this section.
( ii ) For 1993 and subsequent years, the amount cannot be greater than 120 percent of the national average nor less than 90 percent of the national average purchase price determined under paragraph (b)(5) of this section.
( c ) *Payment for therapeutic shoes.* The payment rules specified in paragraphs (a) and (b) of this section are applicable to custom molded and extra depth shoes, modifications, and inserts (therapeutic shoes) furnished after December 31, 2004.
[57 FR 57691, Dec. 7, 1992, as amended at 60 FR 35498, July 10, 1995; 73 FR 69937, Nov. 19, 2008]