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Workers’ Compensation Board

New York State
Workers' Compensation Board
328 State Street  Schenectady, New York 12305
Governor David A. Paterson

Subject No. 046-320

Chair's Decision on Request For Adjustment of The Durable
Medical Equipment Fee Schedule: "TENS" Devices

Date: May 27, 2009

Subject No. 046-256 dated October 3, 2008 asked for comments on a request for an adjustment of the durable medical equipment fee schedule with respect to the reimbursement amount for Transcutaneous Electrical Nerve Stimulation ("TENS") devices (HCPCS code E0730). The request was made by Joshua L. Oppenheimer of Greenberg Traurig, LLP, 54 State Street, Albany, N.Y. 12207, representing Empi, a manufacturer of non-invasive medical products. Mr. Oppenheimer requested an increase from the current fee schedule amount of $76.25 to a suggested amount of $300.00.

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.

Having reviewed all the comments received on this proposed adjustment, and upon full investigation of this matter, I find that a fee increase for durable medical equipment item E0730, Transcutaneous Electrical Nerve Stimulation ("TENS") devices, is not warranted. The full text of my decision is available on the Board's website at this address:


Zachary S. Weiss