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

Another commenter strongly urged us to focus on this<br />

alternative to apply the anti-markup provision to all TCs<br />

and PCs of diagnostic tests that are ordered by the billing<br />

physician or other supplier unless the physician who<br />

performs and supervises the pathology services is dedicated<br />

solely to that physician practice or physician<br />

organization. According to the commenter, this would<br />

protect legitimate multi-specialty group practices that<br />

employ their pathologists on a full-time basis.<br />

One commenter expressed support for not allowing a<br />

pathologist to work for more than one group (pathology or<br />

subspecialty) in order to maintain the quality and<br />

integrity of anatomic pathology. Other remedies proposed<br />

by this commenter included disallowing any profit made from<br />

anatomic pathology by the physician taking the biopsy, or<br />

allowing “upcharging” only on tests that can be reported<br />

that same day.<br />

Response: We believe that it is not necessary to go<br />

so far as requiring a physician not to work for more than<br />

one physician organization, because requiring a physician<br />

to furnish “substantially all” (at least 75 percent) of his<br />

or her professional services through a billing physician or<br />

other supplier addresses our concerns regarding<br />

overutilization and abusive billing and also allows<br />

458

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