2006 proposed fee schedule - American Society of Clinical Oncology

2006 proposed fee schedule - American Society of Clinical Oncology 2006 proposed fee schedule - American Society of Clinical Oncology

19.02.2013 Views

subject to the “protection” clause under section 224 422(a)(2)(C) of BIPA, we propose to continue all exception rates in effect on the same basis. Since section 422(a)(2)(B) of BIPA allows existing exception rates to continue in effect as long as the exception rate exceeds the facility’s updated composite payment rate, we expect that the facilities will compare their existing exception rates to their basic case-mix adjusted composite rates to determine which is the best payment rate for their facility. We expect that each ESRD facility would choose to be paid at the higher of its existing exception rate or its basic case- mix composite rate (which includes all the payment adjustments required under section 623 of the MMA). If the facility retains its exception rate, the rate is not subject to any of the adjustments specified in section 623 of the MMA. We believe the determination as to whether an ESRD facility’s exception rate per treatment will exceed its average case-mix adjusted composite rate per treatment is best left to the affected entity. An ESRD facility that has an existing exception rate may give up that rate if it determines that it should be paid instead under the case-mix adjusted composite rate methodology. In §413.180, we propose to revise our regulations to provide that each ESRD facility must notify its fiscal intermediary (in writing) if it wishes to give up its

exception rate. The facility would be paid based on its case-mix adjusted composite payment rate beginning thirty days after the intermediary’s receipt of written notification that the facility wishes to give up its exception rate. Once a facility notifies its fiscal 225 intermediary that it wishes to give up its exception rate, that decision could not be subsequently rescinded or reversed. We also propose to revise paragraph (b) of this section to provide that ESRD facilities that retain their existing exception rates do not need to notify their intermediaries. Therefore, we propose to remove the last sentence from paragraph (b) that states, “However, a facility may only request an exception or seek to retain its previously approved exception rate when authorized under the conditions specified in paragraphs (d) and (e) of this section.” In the past, an ESRD facility could request an exception to its prospective composite payment rate within 180 days of the effective date of its new composite rate(s) or the date on which we opened a specific exception window. Because only pediatric facilities can now file for exceptions, we expect to receive a minimal number of exception applications. In this section, we propose to revise paragraph (d) to remove the requirement that an application for an exception be filed within the 180-day

exception rate. The facility would be paid based on its<br />

case-mix adjusted composite payment rate beginning thirty<br />

days after the intermediary’s receipt <strong>of</strong> written<br />

notification that the facility wishes to give up its<br />

exception rate. Once a facility notifies its fiscal<br />

225<br />

intermediary that it wishes to give up its exception rate,<br />

that decision could not be subsequently rescinded or<br />

reversed. We also propose to revise paragraph (b) <strong>of</strong> this<br />

section to provide that ESRD facilities that retain their<br />

existing exception rates do not need to notify their<br />

intermediaries. Therefore, we propose to remove the last<br />

sentence from paragraph (b) that states, “However, a<br />

facility may only request an exception or seek to retain its<br />

previously approved exception rate when authorized under the<br />

conditions specified in paragraphs (d) and (e) <strong>of</strong> this<br />

section.”<br />

In the past, an ESRD facility could request an<br />

exception to its prospective composite payment rate within<br />

180 days <strong>of</strong> the effective date <strong>of</strong> its new composite rate(s)<br />

or the date on which we opened a specific exception window.<br />

Because only pediatric facilities can now file for<br />

exceptions, we expect to receive a minimal number <strong>of</strong><br />

exception applications. In this section, we propose to<br />

revise paragraph (d) to remove the requirement that an<br />

application for an exception be filed within the 180-day

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