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CMS-1403-FC II. Provisions of the Final Rule with Comment Period In response to the CY 2009 PFS proposed rule (73 FR 38502) we received approximately 4,100 timely public comments. These included comments from individual physicians, health care workers, professional associations and societies, manufacturers and Congressmen. The majority of the comments addressed proposals related to independent diagnostic testing facilities, anti-markup, prohibition concerning providers of sleep tests, and the general impact of the proposed rule on specific specialties. To the extent that comments were outside the scope of the proposed rule, they are not addressed in this final rule with comment period. A. Resource-Based Practice Expense (PE) Relative Value Units (RVUs) Practice expense (PE) is the portion of the resources used in furnishing the service that reflects the general categories of physician and practitioner expenses, such as office rent and personnel wages but excluding malpractice expenses, as specified in section 1848(c)(1)(B) of the Act. Section 121 of the Social Security Amendments of 1994 (Pub. L. 103-432), enacted on October 31, 1994, required CMS to develop a methodology for a resource-based system for determining PE RVUs for each physician‘s service. Until 38

CMS-1403-FC that time, PE RVUs were based on historical allowed charges. This legislation stated that the revised PE methodology must consider the staff, equipment, and supplies used in the provision of various medical and surgical services in various settings beginning in 1998. The Secretary has interpreted this to mean that Medicare payments for each service would be based on the relative PE resources typically involved with furnishing the service. The initial implementation of resource-based PE RVUs was delayed from January 1, 1998, until January 1, 1999, by section 4505(a) of the BBA. In addition, section 4505(b) of the BBA required that the new payment methodology be phased in over 4 years, effective for services furnished in CY 1999, and fully effective in CY 2002. The first step toward implementation of the statute was to adjust the PE values for certain services for CY 1998. Section 4505(d) of the BBA required that, in developing the resource-based PE RVUs, the Secretary must-- ● Use, to the maximum extent possible, generally-accepted cost accounting principles that recognize all staff, equipment, supplies, and expenses, not solely those that can be linked to specific procedures and actual data on equipment utilization. 39

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

that time, PE RVUs were based on historical allowed charges.<br />

<strong>This</strong> legislation stated that the revised PE methodology must<br />

consider the staff, equipment, and supplies used in the<br />

provision of various medical and surgical services in<br />

various settings beginning in 1998. The Secretary <strong>has</strong><br />

interpreted this to mean that Medicare payments for each<br />

service would be based on the relative PE resources<br />

typically involved with furnishing the service.<br />

The initial implementation of resource-based PE RVUs<br />

was delayed from January 1, 1998, until January 1, 1999, by<br />

section 4505(a) of the BBA. In addition, section 4505(b) of<br />

the BBA required that the new payment methodology be p<strong>has</strong>ed<br />

in over 4 years, effective for services furnished in<br />

CY 1999, and fully effective in CY 2002. The first step<br />

toward implementation of the statute was to adjust the PE<br />

values for certain services for CY 1998. Section 4505(d) of<br />

the BBA required that, in developing the resource-based PE<br />

RVUs, the Secretary must--<br />

● Use, to the maximum extent possible,<br />

generally-accepted cost accounting principles that recognize<br />

all staff, equipment, supplies, and expenses, not solely<br />

those that can be linked to specific procedures and actual<br />

data on equipment utilization.<br />

39

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