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2006 proposed fee schedule - American Society of Clinical Oncology

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The issue <strong>of</strong> payment locality designation in light <strong>of</strong><br />

changing economic and population trends will be <strong>of</strong><br />

importance to us for the foreseeable future. We are<br />

interested in other solutions to the problem, and will work<br />

with anyone who presents an idea or makes a suggestion that<br />

will help resolve the problems associated with the<br />

designation and revision <strong>of</strong> payment localities.<br />

C. Malpractice Relative Value Units (RVUs)<br />

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

include the caption “Malpractice RVUs” at the beginning <strong>of</strong><br />

your comments.]<br />

As discussed in the Revisions to Payment Policies Under<br />

the Physician Fee Schedule for Calendar Year 2005 final<br />

rule, published November 15, 2004 (69 FR 66236), we revised<br />

the resource-based malpractice expense RVUs using<br />

specialty-specific malpractice premium data because those<br />

data represent the actual malpractice expense to the<br />

physician and are widely available. Based upon discussions<br />

with the medical community, we concluded that the primary<br />

determinants <strong>of</strong> malpractice liability costs are physician<br />

specialty, level <strong>of</strong> surgical involvement, and the<br />

physician’s malpractice history.<br />

Malpractice premium data were collected for the 20<br />

Medicare physician specialties with the largest share <strong>of</strong><br />

malpractice RVUs. We collected data based on premiums for a<br />

$1 million/$3 million mature claims-made policy (a policy<br />

93

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