2006 proposed fee schedule - American Society of Clinical Oncology

ventures and leases, pose a risk of anti-competitive
behavior and risk of abuse comparable to that associated
with investment interests in CT, MRI, ultrasound, other
radiology ventures, and radiation therapy facilities.
Thus, we believe our proposal to include nuclear
medicine as a DHS is consistent with the intent of the
303
Congress to prevent over-utilization of health care services
covered by Medicare and to prohibit physicians from
selecting treatment modalities based on financial
incentives.
We have been told that consultants and others have been
actively encouraging physicians to participate in joint
ventures to purchase diagnostic nuclear medicine machines
for investment because Phase I did not include nuclear
medicine services. We have received many inquiries from
physicians and attorneys asking whether physician ownership
of, and referral to, nuclear medicine facilities complies
with the physician self-referral provisions. We are mindful
that our previous guidance, particularly that provided in
the Phase I final rule, may have encouraged physician
investment in nuclear medicine equipment and ventures,
particularly PET scanners, which are very expensive and
often require a substantial financial investment on the part
of physician-owners. We are aware that including nuclear
medicine services as DHS will require that