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CMS-1403-FC
available to support a change in the current threshold
percentage.
For CY 2009, we proposed to specify an applicable
threshold percentage of 5 percent for the WAMP and the AMP
comparisons. As we stated in the proposed rule, the OIG is
continuing its ongoing comparison of both the WAMP and the
AMP. However, information on how recent changes to the ASP
weighting methodology may affect the comparison of WAMP/AMP
to ASP was not available in time for consideration prior to
developing our proposal to maintain the applicable
threshold percentage at 5 percent for CY 2009. Although we
have recently received reports comparing ASP to AMP in
which the OIG states it has applied the new
volume-weighting methodology consistently, we have not had
sufficient time to analyze these reports. Thus, we do not
have data suggesting a more appropriate level for the
threshold at this time. Therefore, we believe that
continuing the 5 percent applicable threshold percentage
for both the WAMP and AMP comparisons is appropriate for
CY 2009.
As we noted in the CY 2008 PFS final rule with comment
period (72 FR 66259), we understand that there are
complicated operational issues associated with potential
payment substitutions. We will continue to proceed
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