Notice: This CMS-approved document has been submitted - Philips ...

CMS-1403-FC
similar arrangements), provided that the performing
physician is not furnishing more than 25 percent of his or
her professional services as a locum tenens physician (or
in some other capacity, such as a part-time physician for
another billing group or moonlighting at a hospital).
We are also retaining the present site-of-service
approach to determining whether a physician “shares a
practice” with the billing physician or other supplier.
This approach was reproposed as Alternative 2, with a
proposed clarification that diagnostic testing performed in
the “same building” (as defined at §411.351) in which the
“office of the billing physician or other supplier” is
located would not be subject to the anti-markup provisions
(provided that the testing was not purchased from an
outside supplier). We are adopting this clarification, but
deleting the references to purchased TCs and PCs from
§414.50, for the reasons explained below. We are also
adopting certain proposed clarifications and definitions.
Specifically, a physician or other supplier may have more
than one “office of the billing physician or other
supplier,” and the “office of the billing physician or
other supplier” is defined as space in which the ordering
physician or other ordering supplier regularly furnishes
care (and with respect to physician organizations, is the
426