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2006 proposed fee schedule - American Society of Clinical Oncology

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● Extraordinary circumstances (§413.188).<br />

● Self-dialysis training costs (§413.190).<br />

● Frequency <strong>of</strong> dialysis (§413.192).<br />

219<br />

Under section 1881(b)(7) <strong>of</strong> the Act, when a facility’s<br />

costs were higher than the prospectively determined<br />

composite rate, we could, under certain conditions, grant<br />

the facility an exception to its composite payment rate and<br />

set a higher prospective rate. The facility had to show, on<br />

the basis <strong>of</strong> projected cost and utilization trends, that it<br />

would have an allowable cost per treatment higher than its<br />

prospective composite payment rate and that any excess costs<br />

were attributable to one or more <strong>of</strong> the specific exception<br />

criteria.<br />

As explained further below, ESRD facility exception<br />

rates in effect on December 31, 2000, or those that were<br />

subsequently approved based on an application under section<br />

422(a)(2)(B) <strong>of</strong> BIPA, (collectively hereinafter termed<br />

“existing exception rates”), will remain in effect under<br />

section 422(a)(2)(C) <strong>of</strong> BIPA as long as the exception rate<br />

exceeds the facility’s updated composite payment rate.<br />

Section 623 <strong>of</strong> the MMA amended BIPA to provide that the<br />

prohibition on exceptions to the ESRD composite rate does<br />

not apply to pediatric facilities that do not have an<br />

exception rate in effect on October 1, 2002. As a result,<br />

only pediatric facilities can now qualify for exception

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