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2006 proposed fee schedule - American Society of Clinical Oncology

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estoring the exception process for pediatric facilities.<br />

Pediatric facilities are defined as “renal facilities at<br />

222<br />

least 50 percent <strong>of</strong> whose patients are individuals under 18<br />

years <strong>of</strong> age.”<br />

Existing exception rates are protected under section<br />

422(a)(2)(C) <strong>of</strong> BIPA 2000. The “protection” clause for<br />

existing exception rates provides that exception rates in<br />

effect on December 1, 2000 (or approved based on an<br />

application by July 1, 2001) shall remain in effect as long<br />

as the facility’s exception rate is higher than the updated<br />

composite rate. Pediatric ESRD facility exception rates<br />

granted under the provisions <strong>of</strong> section 623 <strong>of</strong> the MMA are<br />

not subject to the “protection” clause for existing<br />

exception rates.<br />

b. Summary <strong>of</strong> Proposed Changes to Part 413, Subpart H<br />

As a result <strong>of</strong> the statutory changes discussed above,<br />

we are proposing to revise both the content and the<br />

organization <strong>of</strong> the existing regulations at 42 CFR Part 413,<br />

subpart H (Payment for ESRD Services and Organ Procurement<br />

Costs) by limiting certain qualifications and clarifying the<br />

regulations. Currently, all <strong>of</strong> the Medicare rules for<br />

requesting exceptions to composite rate payments for covered<br />

outpatient maintenance dialysis treatments can be found at<br />

§413.180 through §413.192. We propose to revise the current<br />

regulations at part 413, Subpart H by--

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