---
kind: "section"
citation: "42 C.F.R. § 493.680"
title: "42"
number: "493.680"
heading: "Methodology for determining the biennial fee increase."
url: "https://uscodex.org/cfr/42/493.680"
---

# §493.680. Methodology for determining the biennial fee increase.

- (a) **General rule.** Except for fees assessed to State laboratory programs approved by HHS, the fee amounts described in this subpart are subject to a biennial increase based on a two-part calculation of the Consumer Price Index—Urban (CPI-U) inflation adjustment and, if applicable, an additional increase as follows:
  - (1) CMS calculates the inflation rate using the compounded CPI-U over 2 years and, provided that the calculated rate is greater than zero, applies an increase to all fee amounts equal to the calculated rate.
  - (2) If the total fee amounts, including any increase applied under [paragraph (a)(1)](#a-1) of this section, do not match or exceed actual program obligations based on a review of the previous 2 years' obligations, CMS applies an additional across the board increase to each laboratory's fees by calculating the difference between the total fee amounts and actual program obligations.
- (b) **Baseline.** Any increase applied under [paragraph (a)](#a) of this section is incorporated into the baseline fee amounts for any subsequent biennial increase.
- (c) **Publication.** Any increase applied under [paragraph (a)](#a) of this section, including the calculation thereof, will be published as a notice in the Federal Register.

## Notes

### Amendments

[88 FR 90037, Dec. 28, 2023]

### Source

Source: 57 FR 7138, 7213, Feb. 28, 1992, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 263a, 1302, 1395x(e), 1395x(s)(3) and (s)(17).

### Source

Source: 55 FR 9576, Mar. 14, 1990, unless otherwise noted.

### Amendments

[88 FR 90037, Dec. 28, 2023]