Date: October 3, 2008
In accordance with Chapter V. of Title 12 NYCRR subchapter M, Part 442.2(3), the Chair may make adjustments to the durable medical equipment fee schedule as he deems appropriate. Any adjustment shall be made upon a finding that the reimbursement provided for a particular piece of durable medical equipment, medical/surgical supply or other item under the fee schedule is grossly inadequate to meet the suppliers' costs. A proposed fee schedule adjustment shall be posted on the Board's website for thirty days and the Chair shall consider any comments provided in response to such notice. The regulation stipulates that requests for adjustments of the fee schedule should be submitted to the Bureau of Health Management, 100 Broadway-Menands, Albany, New York, 12241.
A request for an adjustment of the durable medical equipment fee schedule has been submitted to the Bureau of Health Management by Joshua L. Oppenheimer of Greenberg Traurig, LLP, 54 State Street, Albany, N.Y. 12207, representing Empi, a manufacturer of non-invasive medical products used for physical rehabilitation. The request is for a change in the reimbursement amount for Transcutaneous Electrical Nerve Stimulation ("TENS") devices (HCPCS code E0730) from the current fee schedule amount of $76.25 to a suggested amount of $300.00.
The following justification for the requested fee adjustment was submitted and is summarized as follows:
This notice serves to solicit comments on this request for an adjustment of the durable medical equipment fee schedule. Comments can be submitted to David Austin, New York State Workers' Compensation Board, Bureau of Health Management, 100 Broadway-Menands, Albany, New York, 12241, or firstname.lastname@example.org. All comments must be received within 30 days of the date of this notice.
Any questions regarding these matters should be referred to the Office of General Counsel at 518-486-9564.
Zachary S. Weiss