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Chapter 4.5. Division of Workers' Compensation
SUBCHAPTER 1. ADMINISTRATIVE DIRECTOR -ADMINISTRATIVE RULES
Article 5.3. Official Medical Fee Schedule -- Services Rendered after January
§9789.60. Durable Medical Equipment, Prosthetics, Orthotics, Supplies.
(a) For services, equipment, or goods provided after January 1, 2004, the maximum
reasonable reimbursement for durable medical equipment, supplies and materials,
orthotics, prosthetics, and miscellaneous supplies and services shall not exceed
one hundred twenty (120) percent of the rate set forth in the CMS' Durable Medical
Equipment, Prosthetics/Orthotics, and Supplies (DMEPOS) Fee Schedule, as established
by Section 1834 of the Social Security Act (42 U.S.C. § 1395m) and applicable
to California. The DMEPOS Fee Schedule, which can be found on the CMS Internet
is incorporated by reference and will be made available on the Division of Workers'
Compensation's Internet Website (http://www.dir.ca.gov/DWC/dwc_home_page.htm)
or upon request to the Administrative Director at:
DIVISION OF WORKERS' COMPENSATION
P.O. BOX 420603
SAN FRANCISCO, CA 94142.
(b) The following procedures in the Special Services and Reports section of
the OMFS 2003 will not be valid for services rendered after January 1, 2004:
CPT Code 99002.
(c) For durable medical equipment, supplies and materials, orthotics, prosthetics,
and miscellaneous supplies and services not covered by a Medicare payment system,
the maximum reasonable fee paid shall not exceed the fee specified in the OMFS
Authority cited: Sections 133, 4603.5, 5307.1 and 5307.3, Labor Code. Reference:
Sections 4600, 4603.2 and 5307.1, Labor Code.
1. New section filed 1-2-2004 as an emergency; operative 1-2-2004 (Register
2004, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-3-2004
or emergency language will be repealed by operation of law on the following
2. Certificate of Compliance as to 1-2-2004 order, including amendment of
subsection (b) and new subsection (c), transmitted to OAL 4-30-2004 and filed
6-15-2004 (Register 2004, No. 25).
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