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CMS-1403-FC
to focus on the medical office space where the ordering
physician provides substantially the full range of patient
care services that the ordering physician provides
generally.
We are not adopting the approach suggested by the
second commenter. The fact that diagnostic testing
services are performed or interpreted in a space that is
leased by two or more groups (but which is located in the
same building as the space in which the billing physician
or other supplier regularly furnishes patient care) does
not cause the testing to be subject to the anti-markup
provisions. Example: Physician A has an office located on
the first floor of Medical Office Building. In his office,
Physician A performs the full range of services that he
provides generally (and thus the space meets the criteria
for the “office of the billing physician or other supplier”
under §414.50(a)(2)(iii). Physician A orders a diagnostic
test, which is conducted by a technician and supervised by
Physician B in a diagnostic testing facility located in the
basement of Medical Office Building. Physician B also
performs the PC of the test in the diagnostic testing
facility. Physician B reassigns her right to bill for the
TC and the PC of the test to Physician A. The diagnostic
testing facility is shared, under block-time exclusive use
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