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CMS-1403-FC the technician’s (or physician’s) performance of the test. Nor do we believe that it is necessary to define the term “supervising.” For a service to be covered by Medicare, the regulations at §410.32 define and specify various levels of supervision (that is general, direct, or personal supervision). The anti-markup provisions, when applied, limit the amount a physician or other supplier may bill Medicare. In the context of the applicability of the anti- markup provisions, we are requiring that the physician supervising the TC be present in the same building (as defined at §411.351); however, this has no impact on other Medicare billing requirements, which may require a specific level of supervision as described above. We decline to define the term “full range of services,” because this would vary greatly based on factors such as the specialty of the ordering physician, the types of services within the physician’s specialty, and the focus of services at the specified practice. Comment: According to one commenter, the “office of the billing physician or other supplier” for multi- specialty groups should include medical office space in which the physician group provides substantially the full range of services of one or more of the specialties of the group. The commenter contended that this requirement would 478
CMS-1403-FC ensure an adequate nexus between the physician practice and the testing being conducted in the building. The commenter asserted that limiting the location to a building in which the ordering physician provides substantially the full range of services that the ordering physician typically provides imposes unnecessary restrictions that are overly burdensome when compared to the purpose of the proposed rule. Another commenter, in similar comments, urged us to consider replacing “ordering physician” with the words “ordering physician or a member of the ordering physician’s group practice.” According to the commenter, this revision would permit any physician member of a group practice to utilize the group’s centralized designated health service (“DHS”) facility (and bill under the normal physician fee schedule), provided that the facility is located in the same building where the group practice provides patient care services on a full-time basis. To avoid the potential problem presented by a group practice with multiple offices, none of which provides the full range of patient care services provided by the group as a whole, the group proposed that we eliminate the requirement that the group practice provide in the same building “substantially the full range of patient care services that [it] provides generally .” The commenter suggested replacing this 479
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<strong>CMS</strong>-1403-FC<br />
the technician’s (or physician’s) performance of the test.<br />
Nor do we believe that it is necessary to define the term<br />
“supervising.” For a service to be covered by Medicare,<br />
the regulations at §410.32 define and specify various<br />
levels of supervision (that is general, direct, or personal<br />
supervision). The anti-markup provisions, when applied,<br />
limit the amount a physician or other supplier may bill<br />
Medicare. In the context of the applicability of the anti-<br />
markup provisions, we are requiring that the physician<br />
supervising the TC be present in the same building (as<br />
defined at §411.351); however, this <strong>has</strong> no impact on other<br />
Medicare billing requirements, which may require a specific<br />
level of supervision as described above. We decline to<br />
define the term “full range of services,” because this<br />
would vary greatly based on factors such as the specialty<br />
of the ordering physician, the types of services within the<br />
physician’s specialty, and the focus of services at the<br />
specified practice.<br />
Comment: According to one commenter, the “office of<br />
the billing physician or other supplier” for multi-<br />
specialty groups should include medical office space in<br />
which the physician group provides substantially the full<br />
range of services of one or more of the specialties of the<br />
group. The commenter contended that this requirement would<br />
478