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CMS-1403-FC
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methodology specified in sections 1833(o) and 1834(h) of the
Act. Section 627 of the MMA amended section 1833(o)(2) of
the Act to require implementation of fee schedule amounts,
effective January 1, 2005, for the purpose of determining
payment for custom molded shoes, extra-depth shoes, and
inserts (collectively, “therapeutic shoes”). Section 627 of
the MMA was initially implemented through program
instructions, and on January 1, 2005, Medicare began paying
for therapeutic shoes, inserts, and shoe modifications based
on fee schedule amounts determined in accordance with
section 1834(h) of the Act and 42 CFR part 414, subpart D of
our regulations.
We did not receive any comments on our proposal to add
§414.228(c) to 42 CFR part 414, subpart D of our
regulations. Therefore, we are finalizing proposed
§414.228(c) regarding the methodology used to establish fee
schedule amounts for therapeutic shoes, inserts and shoe
modifications.