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2006 proposed fee schedule - American Society of Clinical Oncology

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247<br />

section 1847A <strong>of</strong> the Act for the drug, as the Secretary may<br />

specify. In the report entitled, “Medicare Reimbursement<br />

for Existing End Stage Renal Disease Drugs,” the OIG<br />

obtained the drug acquisition costs for the top 10 ESRD<br />

drugs for the 4 largest ESRD chains as well as a sampling <strong>of</strong><br />

the remaining independent facilities. Based on the<br />

information obtained from this report, for CY 2005, payment<br />

for the top 10 ESRD drugs billed by freestanding facilities<br />

and payment for EPO billed by hospital-based facilities was<br />

based on acquisition costs as determined by the OIG. Due to<br />

the lag in the data obtained by the OIG, we updated the<br />

acquisition costs for the top 10 ESRD drugs to 2005 by the<br />

PPI. The separately billable ESRD drugs not contained in<br />

the OIG report were paid at the ASP +6 percent for<br />

freestanding facilities. The payment allowances for these<br />

remaining drugs were updated on a quarterly basis during<br />

2005.<br />

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

Secretary the authority to establish the payment amounts for<br />

separately billable ESRD drugs beginning in <strong>2006</strong> based on<br />

acquisition costs or the amount determined under section<br />

1847A <strong>of</strong> the Act. For reasons discussed below, we do not<br />

believe that it is appropriate to continue to use 2002<br />

acquisition costs updated by the PPI for another year as the<br />

basis for payment. The acquisition costs are based on 2002

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