---
kind: "section"
citation: "42 C.F.R. § 414.230"
title: "42"
number: "414.230"
heading: "Determining a period of continuous use."
url: "https://uscodex.org/cfr/42/414.230"
---

# §414.230. Determining a period of continuous use.

- (a) **Scope.** This section sets forth the rules that apply in determining a period of continuous use for rental of durable medical equipment.
- (b) **Continuous use.**
  - (1) A period of continuous use begins with the first month of medical need and lasts until a beneficiary's medical need for a particular item of durable medical equipment ends.
  - (2) In the case of a beneficiary receiving oxygen equipment on December 31, 2005, the period of continuous use for the equipment begins on January 1, 2006.
- (c) **Temporary interruption.**
  - (1) **A period of continuous use allows for temporary interruptions in the use of equipment.**
  - (2) An interruption of not longer than 60 consecutive days plus the days remaining in the rental month in which use ceases is temporary, regardless of the reason for the interruption.
  - (3) Unless there is a break in medical necessity that lasts longer than 60 consecutive days plus the days remaining in the rental month in which use ceases, medical necessity is presumed to continue.
- (d) **Criteria for a new rental period.** If an interruption in the use of equipment continues for more than 60 consecutive days plus the days remaining in the rental month in which use ceases, a new rental period begins if the supplier submits all of the following information—
  - (1) **A new prescription.**
  - (2) **New medical necessity documentation.**
  - (3) A statement describing the reason for the interruption and demonstrating that medical necessity in the prior episode ended.
- (e) **Beneficiary moves.** A permanent or temporary move made by a beneficiary does not constitute an interruption in the period of continuous use.
- (f) **New equipment.**
  - (1) If a beneficiary changes equipment or requires additional equipment based on a physician's prescription, and the new or additional equipment is found to be necessary, a new period of continuous use begins for the new or additional equipment. A new period of continuous use does not begin for base equipment that is modified by an addition.
  - (2) A new period of continuous use does not begin when a beneficiary changes from one stationary oxygen equipment modality to another or from one portable oxygen equipment modality to another.
- (g) **New supplier.** If a beneficiary changes suppliers, a new period of continuous use does not begin.
- (h) **Oxygen equipment furnished after the 36-month rental period.** A new period of continuous use does not begin under any circumstance in the case of oxygen equipment furnished after the 36-month rental period in accordance with [§ 414.226(h)](/cfr/42/414.226.md?p=h) until the end of the reasonable useful lifetime established for such equipment in accordance with [§ 414.210(h)](/cfr/42/414.210.md?p=h).

## Notes

### Amendments

[56 FR 50823, Oct. 9, 1991, as amended at 57 FR 57111, Dec. 3, 1992; 71 FR 65935, Nov. 9, 2006; 73 FR 69937, Nov. 19, 2008; 83 FR 57072, Nov. 14, 2018]

### Authority

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

### Source

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

### Amendments

[56 FR 50823, Oct. 9, 1991, as amended at 57 FR 57111, Dec. 3, 1992; 71 FR 65935, Nov. 9, 2006; 73 FR 69937, Nov. 19, 2008; 83 FR 57072, Nov. 14, 2018]