---
kind: "section"
citation: "42 C.F.R. § 414.104"
title: "42"
number: "414.104"
heading: "PEN Items and Services."
url: "https://uscodex.org/cfr/42/414.104"
---

# §414.104. PEN Items and Services.

- (a) **Payment rules.** Payment for PEN items and services is made in a lump sum for nutrients and supplies that are purchased and on a monthly basis for equipment that is rented.
- (b) **Fee schedule amount.** The fee schedule amount for payment for an item or service furnished in 2002 is the lesser of—
- (i) The reasonable charge from 1995; or
- (ii) **The reasonable charge that would have been used in determining payment for 2002.**

## Notes

### Source

Source: 66 FR 45176, Aug. 28, 2001, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1395hh, and 1395rr(b)(l).

### Source

Source: 55 FR 23441, June 8, 1990, unless otherwise noted.