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CMS-1403-FC
former may be more difficult to enforce and the latter is
an already-existing, well-defined concept.
Comment: Several commenters responded to our
solicitation for comments that would describe current
business arrangements, such as those that take place on a
“campus,” and that would suggest any additional or
alternative criteria to permit such arrangements to avoid
application of the anti-markup provisions. We received a
few comments suggesting that we exempt arrangements taking
place on a campus, and suggesting criteria for how we would
define “campus.” For example, one commenter suggested
that, to be considered “on campus,” the diagnostic
center/building/entity must be located within the main
building(s), or located in the physical area immediately
proximate to the provider’s main building(s).
Alternatively, the commenter suggested, the diagnostic
testing could be performed in other areas or buildings that
are not proximate to the main building(s) but which are
fully integrated (that is, financially integrated and
administered in concert with overall operations standards,
guidelines, rules and directives), with governance and
operations functions determined by central administrative
processes and structures. Another commenter encouraged us
to consider the “office of the billing physician or other
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