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CMS-1403-FC
proposed). However, we are not incorporating each element
of the same building “location” test from the in-office
ancillary services exception as set forth in
§411.355(b)(2). A TC that is performed (that is, both
conducted by the technician and supervised by the
physician) in the “office of the billing physician or other
supplier” will not be subject to the anti-markup payment
limitation. Likewise, a PC that is performed in the
“office of the billing physician or other supplier” will
not be subject to the anti-markup payment limitation.
Diagnostic testing services are performed or interpreted in
the “office of the billing physician or other supplier” if
they are performed or interpreted in the “same building”
(as defined in §411.351) as the space in which the ordering
physician or other ordering supplier regularly furnishes
patient care. In the CY 2008 PFS, we stated that various
stakeholders informed us that a physician organization,
such as a multi-specialty group, may not provide
substantially its full range of services for a certain
specialty at any one location, but rather may provide
substantially the full range of services for a certain
specialty in one location, substantially the full range of
services for a second specialty in a second location, and
so forth. In order to address this situation, we proposed
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