---
kind: "section"
citation: "42 C.F.R. § 414.404"
title: "42"
number: "414.404"
heading: "Scope and applicability."
url: "https://uscodex.org/cfr/42/414.404"
---

# §414.404. Scope and applicability.

- (a) **Applicability.** Except as specified in [paragraph (b)](#b) of this section, this subpart applies to all suppliers that furnish the items defined in [§ 414.402](/cfr/42/414.402.md) to beneficiaries, including providers, physicians, treating practitioners, physical therapists, and occupational therapists that furnish such items under Medicare Part B.
- (b) **Exceptions.**
  - (1) Physicians, treating practitioners, and hospitals may furnish certain types of competitively bid durable medical equipment without submitting a bid and being awarded a contract under this subpart, provided that all of the following conditions are satisfied:
    - (i) The items furnished are limited to crutches, canes, walkers, folding manual wheelchairs, blood glucose monitors, and infusion pumps that are DME, and off-the-shelf (OTS) orthotics.
    - (ii) The items are furnished by the physician or treating practitioner to his or her own patients as part of his or her professional service or by a hospital to its own patients during an admission or on the date of discharge.
    - (iii) The items are billed under a billing number assigned to the hospital, physician, the treating practitioner (if possible), or a group practice to which the physician or treating practitioner has reassigned the right to receive Medicare payment.
  - (2) A physical therapist in private practice (as defined in [§ 410.60(c)](/cfr/42/410.60.md?p=c) of this chapter) or an occupational therapist in private practice (as defined in [§ 410.59(c)](/cfr/42/410.59.md?p=c) of this chapter) may furnish competitively bid off-the-shelf orthotics without submitting a bid and being awarded a contract under this subpart, provided that the items are furnished only to the therapist's own patients as part of the physical or occupational therapy service.
  - (3) Payment for items furnished in accordance with paragraphs [(b)(1)](#b-1) and [(b)(2)](#b-2) of this section will be paid in accordance with [§ 414.408(a)](/cfr/42/414.408.md?p=a).

## Notes

### Amendments

[72 FR 18084, Apr. 10, 2007, as amended at 74 FR 2880, Jan. 16, 2009; 75 FR 73623, Nov. 29, 2010; 76 FR 70314, Nov. 10, 2011]

### Authority

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

### Source

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

### Amendments

[72 FR 18084, Apr. 10, 2007, as amended at 74 FR 2880, Jan. 16, 2009; 75 FR 73623, Nov. 29, 2010; 76 FR 70314, Nov. 10, 2011]