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<strong>CMS</strong>-1403-FC<br />

misvalued codes by a workgroup of the AMA RUC, as well as<br />

our review and decisions regarding the AMA RUC workgroup’s<br />

recommendations. The AMA RUC <strong>submitted</strong> several<br />

recommendations for misvalued codes in May 2008 and the<br />

remainder of their recommendations for misvalued codes in<br />

October 2008. Due to the timing of the May 2008 AMA RUC<br />

recommendations, it was impracticable for <strong>CMS</strong> to adequately<br />

evaluate and solicit public comment prior to this final<br />

rule with comment period. We believe it is in the public<br />

interest to implement the revised RVUs for the 61 codes<br />

that were identified as misvalued, and that have <strong>been</strong><br />

reviewed and re-evaluated by the AMA RUC workgroup, on an<br />

interim final basis for CY 2009. These revisions will<br />

establish a more appropriate payment for these services,<br />

some of which changed significantly since they were<br />

originally valued. The revisions of RVUs for these codes<br />

will establish a more appropriate payment that better<br />

corresponds to the relative resources associated with<br />

furnishing these services. A delay in implementing revised<br />

values for these misvalued codes would not only perpetuate<br />

the known misvaluation for these services, it would also<br />

perpetuate a distortion in the payment for other services<br />

under the PFS. Implementing the changes now allows for a<br />

more equitable distribution of payments across all PFS<br />

1004

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