19.02.2013 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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

anti-markup provisions could be triggered under Alternative<br />

1 as proposed. The commenter cited the CY 2008 PFS final<br />

rule with comment period, where we stated that independent<br />

laboratories and pathologists do not trigger the initial<br />

order for pathology services. Thus, the commenter<br />

suggested that we clarify that, under the CY 2009 PFS<br />

proposals, anti-markup provisions still would only apply if<br />

the physician billing for the services was also the<br />

physician or supplier who provided the initial order for<br />

the service. Several commenters were concerned that we did<br />

not mention this in our commentary on the proposal.<br />

Response: As finalized in the CY 2008 PFS final rule,<br />

and as retained in this final rule with comment period, the<br />

anti-markup provisions for the TC or PC of a diagnostic<br />

test apply only when the billing physician or other<br />

supplier <strong>has</strong> ordered the TC. For example, if a laboratory<br />

contracts with a pathologist instead of employing the<br />

pathologist to perform the PC of a diagnostic test (because<br />

the laboratory is located in a State that <strong>has</strong> a prohibition<br />

on the corporate practice of medicine), the anti-markup<br />

payment limitation would not apply to the lab if the lab<br />

chooses to bill for the pathologist’s interpretation, if<br />

the lab (or a party related to the lab by common ownership<br />

or control) did not order the test. For example, Physician<br />

456

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!