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CMS-1403-FC
of the Act allows the Secretary to impose other standards
by regulation.) Likewise, the text of the in-office
ancillary services exception in section 1877(b) of the Act,
which allows referrals within a group practice, can be read
as being restricted to services referred and performed by
members of the group (and services performed by employees
who are supervised by a member of the group). Therefore,
even if the Congress did intend the definition of “group
practice” in section 1877(h) of the Act for purposes of the
physician self-referral law to correlate with “shares a
practice” in section 1842(n)(1) of the Act for purposes of
the statutory anti-markup provision, and also intended that
individuals whose referrals are protected under the
statutory in-office ancillary services exception to the
physician self-referral law necessarily “share[] a
practice” for purposes of the statutory anti-markup
provision (and we agree with neither proposition), we would
not be required to take an expansive view of what it means
to “share[] a practice” for purposes of the statutory anti-
markup provision. We also note that section 1842(n)(1) of
the Act does not prohibit us from using other authority to
impose an anti-markup payment limitation on TCs and PCs.
As a policy matter, we do not agree with the
commenters that suggested that we should except from the
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