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CMS-1403-FC
administered to a beneficiary. The Secretary is required
to recoup, offset, or collect any overpayments. This
statutory change took effect on April 1, 2007. Conforming
changes were proposed in the CY 2008 PFS proposed rule
(72 FR 38153) and finalized in the CY 2008 PFS final rule
with comment period (72 FR 66260).
In the CY 2009 PFS proposed rule, we proposed several
refinements to the CAP regarding the annual CAP payment
amount update mechanism, the definition of a CAP physician,
the restriction on physician transportation of CAP drugs,
and the dispute resolution process (73 FR 38522). However,
since the publication of our proposed rule, we have
announced the postponement of the CAP for 2009 due to
contractual issues with the successful bidders. As a
result, CAP physician election for participation in the CAP
in 2009 is not being held this Fall, and CAP drugs will not
be available from an Approved CAP Vendor for dates of
service after December 31, 2008.
Moreover, we are currently soliciting public feedback
on the CAP from participating physicians, potential
vendors, and other interested parties. We are soliciting
public comments about a range of issues, including, but not
limited to the following issues: the categories of drugs
provided under the CAP; the distribution of areas that are
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