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19.02.2013 Views

CMS-1403-FC 1034 suppliers. As previously noted, approximately 78 percent of Medicare beneficiaries that need oxygen do not use the oxygen equipment for more than 36 months. The changes mandated by section 144(b) of the MIPPA will have no impact on suppliers or beneficiaries in these cases. For purposes of the RFA, approximately 80 percent of clinical diagnostic laboratories are considered small businesses according to the Small Business Administration’s size standards. These are posted on the following Web site: http://sba.gov/idc/groups/public/documents/sba_homepage/ser v_sstd_tablepdf.pdf. Ambulance providers and suppliers for purposes of the RFA are also considered to be small entities. In addition, most ESRD facilities are considered small entities for purposes of the RFA, either based on nonprofit status or by having revenues of $7 million to $34.5 million or less in any year. We consider a substantial number of entities to be significantly affected if the final rule with comment period has an annual average impact on small entities of 3 to 5 percent or more. Based on our analysis of the 926 nonprofit ESRD facilities considered small entities in accordance with the above definitions, we estimate that the combined impact of the changes to payment for renal dialysis services included in this final rule

CMS-1403-FC with comment period for nonprofit facilities will have a 0.7 percent decrease in overall payments relative to current overall payments. The majority of ESRD facilities will experience impacts of less than 3 percent of total revenues. We note that although the overall effect of the wage index changes is budget neutral, there are increases and decreases based on the location of individual facilities. The analysis and discussion provided in this section XVI.F. of this final rule with comment period complies with the RFA requirements. For the e-prescribing provisions, physician practices and independent pharmacies are considered small entities. Because we acknowledge that many of the affected entities are small entities, the analysis discussed throughout the preamble of this rule constitutes our final regulatory flexibility analysis for the remaining provisions and addresses comments received on these issues. Section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside a 1035

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

1034<br />

suppliers. As previously noted, approximately 78 percent of<br />

Medicare beneficiaries that need oxygen do not use the<br />

oxygen equipment for more than 36 months. The changes<br />

mandated by section 144(b) of the MIPPA will have no impact<br />

on suppliers or beneficiaries in these cases.<br />

For purposes of the RFA, approximately 80 percent of<br />

clinical diagnostic laboratories are considered small<br />

businesses according to the Small Business Administration’s<br />

size standards. These are posted on the following Web<br />

site:<br />

http://sba.gov/idc/groups/public/<strong>document</strong>s/sba_homepage/ser<br />

v_sstd_tablepdf.pdf. Ambulance providers and suppliers for<br />

purposes of the RFA are also considered to be small<br />

entities.<br />

In addition, most ESRD facilities are considered small<br />

entities for purposes of the RFA, either based on nonprofit<br />

status or by having revenues of $7 million to $34.5 million<br />

or less in any year. We consider a substantial number of<br />

entities to be significantly affected if the final rule<br />

with comment period <strong>has</strong> an annual average impact on small<br />

entities of 3 to 5 percent or more. Based on our analysis<br />

of the 926 nonprofit ESRD facilities considered small<br />

entities in accordance with the above definitions, we<br />

estimate that the combined impact of the changes to payment<br />

for renal dialysis services included in this final rule

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