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CMS-1403-FC
IDTF standards in §410.33, may restrict the diagnostic
testing services that physicians perform for Medicare
beneficiaries and may result in more physicians electing to
not accept new Medicare patients. A commenter stated that
the proposed revisions to the anti-markup provisions
threaten cooperative ventures and arrangements and,
consequently, beneficiary access to quality Medicare
services, including ultrasound and other diagnostic testing
services. Other commenters asserted that both proposed
approaches are misguided and do not acknowledge the way
that physicians provide care under practical circumstances.
A commenter contended that both proposals would hamper the
ability of large groups to provide diagnostic services.
Essentially, physician groups may have to bill differently
for some physicians, resulting in an administrative burden
for physician groups, and possibly curtailing the locations
that a Medicare beneficiary can receive diagnostic tests
and thus affecting patient care. Several commenters argued
that the adoption of this rule will have the effect of
eliminating many legitimate, nonabusive arrangements that
serve to expand access to care to Medicare beneficiaries,
while resulting in little or no countervailing benefit to
the Medicare program
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