2006 proposed fee schedule - American Society of Clinical Oncology

excluding screening mammography)” as described in section
1833(a)(2)(E)(i) of the Act.
For these reasons, we believe that the Congress
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intended “radiology services” in section 1877(h)(6) of the
Act to include diagnostic and therapeutic nuclear medicine.
While we believe that diagnostic nuclear medicine is a
subset of radiology, even if it is not, it is an imaging
service covered by 1861(s)(3) of the Act, and of the type
that the Congress intended to prohibit.
Similarly, we believe it is proper to interpret the DHS
category described in section 1877(h)(6)(E) of the Act,
“radiation therapy services and supplies” to include
therapeutic nuclear medicine services. Radiation therapy is
the treatment of disease (especially cancer) by exposure to
radiation from a radioactive substance. Therapeutic nuclear
medicine employs radioactive substances known as
radionuclides. Medicare covers therapeutic nuclear medicine
services and other forms of radiation therapy under section
1861(s)(4) of the Act, which authorizes coverage and payment
for “X-ray, radium, and radioactive isotope therapy.”
Although our proposal to include as DHS diagnostic
nuclear medicine services and therapeutic nuclear medicine
services and supplies is based primarily on our view that
nuclear medicine services are radiology and radiation
therapy within the meaning of section 1877(h)(6) of the Act,