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

ensure an adequate nexus between the physician practice and<br />

the testing being conducted in the building. The commenter<br />

asserted that limiting the location to a building in which<br />

the ordering physician provides substantially the full<br />

range of services that the ordering physician typically<br />

provides imposes unnecessary restrictions that are overly<br />

burdensome when compared to the purpose of the proposed<br />

rule. Another commenter, in similar comments, urged us to<br />

consider replacing “ordering physician” with the words<br />

“ordering physician or a member of the ordering physician’s<br />

group practice.” According to the commenter, this revision<br />

would permit any physician member of a group practice to<br />

utilize the group’s centralized designated health service<br />

(“DHS”) facility (and bill under the normal physician fee<br />

schedule), provided that the facility is located in the<br />

same building where the group practice provides patient<br />

care services on a full-time basis. To avoid the potential<br />

problem presented by a group practice with multiple<br />

offices, none of which provides the full range of patient<br />

care services provided by the group as a whole, the group<br />

proposed that we eliminate the requirement that the group<br />

practice provide in the same building “substantially the<br />

full range of patient care services that [it] provides<br />

generally .” The commenter suggested replacing this<br />

479

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