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CMS-1403-FC
to continue to provide these services to Medicare
beneficiaries.
Response: We believe that the commenters’ concerns
that physician practices with multiple locations will not
be able to meet the “site-of-service” approach are
adequately addressed by allowing billing physicians and
other suppliers to comply with either the requirements of
Alternative 1 or Alternative 2.
Comment: A commenter requested that the definition of
“office of billing physician or other supplier” be modified
to include a mobile van that is used in the parking lot of
a building in which the physician group sees patients.
Otherwise, the commenter argued, the use of mobile MRI
essentially will be barred. According to the commenter,
physician groups that use mobile MRI on an exclusive basis
because of the nature of their practices are not committing
any abuse that we should address in the anti-markup
provisions. Another commenter noted that alternative 2, as
proposed, would not allow groups to operate mobile
diagnostic testing services performed in mobile vehicles,
vans or trailers because they are specifically excluded
from the definition of “same building” at §411.351.
Response: We are not modifying the definition of the
“office of the billing physician or other supplier” to
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