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

anticipate that this change will have a significant<br />

budgetary impact on the Medicare program.<br />

C. Payment for Covered Outpatient Drugs and Biologicals<br />

1. ASP Issues<br />

The changes discussed in section II.F.1. of this final<br />

rule with comment period with respect to payment for<br />

covered outpatient drugs and biologicals, are estimated to<br />

have no impact on Medicare expenditures.<br />

2. CAP Issues<br />

In the CY 2009 PFS proposed rule, we proposed minor<br />

refinements for the CAP, specifically the annual CAP<br />

payment amount update mechanism, the definition of a CAP<br />

physician, easing the restriction on the transportation of<br />

CAP drugs between practice locations, and the dispute<br />

resolution process. After the publication of the CY 2009<br />

PFS proposed rule, further CAP implementation for 2009 was<br />

postponed. At this time, we are seeking feedback about the<br />

CAP from current and former CAP physicians, potential<br />

vendors, and other interested parties. We will assess the<br />

information and consider implementing changes to the CAP<br />

before proceeding with another bid solicitation.<br />

Our proposed refinements to the CAP are not being<br />

finalized in this rule. Therefore, there is no potential<br />

1052

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