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2006 proposed fee schedule - American Society of Clinical Oncology

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246<br />

applicable threshold is “the percentage applied under this<br />

subparagraph subject to such adjustment as the Secretary may<br />

specify for the widely available market price or the average<br />

manufacturer price, or both.”<br />

For CY <strong>2006</strong>, we propose to specify an applicable<br />

threshold percentage <strong>of</strong> 5 percent for both the widely<br />

available market price (WAMP) and average manufacturer price<br />

(AMP). The OIG is conducting its first review. However, we<br />

did not receive the OIG’s final report in time for<br />

consideration before developing this <strong>proposed</strong> rule. Thus,<br />

we believe that continuing the CY 2005 threshold percentage<br />

applicable to both the WAMP and AMP is most appropriate.<br />

2. Payment for Drugs Furnished During CY <strong>2006</strong> in Connection<br />

With the Furnishing <strong>of</strong> Renal Dialysis Services if Separately<br />

Billed by Renal Dialysis Facilities<br />

[If you choose to comment on issues in this section, please<br />

include the caption “Payment for ESRD Drugs” at the<br />

beginning <strong>of</strong> your comments.]<br />

Section 1881(b)(13)(A)(iii) <strong>of</strong> the Act indicates that<br />

payment for a drug furnished during CY <strong>2006</strong> and subsequent<br />

years in connection with the furnishing <strong>of</strong> renal dialysis<br />

services, if separately billed by renal dialysis facilities,<br />

will be based on the acquisition cost <strong>of</strong> the drug as<br />

determined by the OIG report to the Secretary as required by<br />

section 623(c) <strong>of</strong> the MMA or, the amount determined under

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