19.02.2013 Views

Notice: This CMS-approved document has been submitted - Philips ...

Notice: This CMS-approved document has been submitted - Philips ...

Notice: This CMS-approved document has been submitted - Philips ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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

include a mobile van that is used in the parking lot of a<br />

building in which the physician group sees patients. “Same<br />

building,” as defined at §411.351 of the physician self-<br />

referral regulations, specifically excludes a mobile<br />

vehicle, van, or trailer. Therefore, unless provided in a<br />

mobile unit that qualifies as a “centralized building” (as<br />

defined at §411.351), diagnostic services provided in the<br />

parking lot of a building in which a physician group sees<br />

patients already would be subject to the physician<br />

self-referral restrictions and would not be protected under<br />

the in-office ancillary services exception. In the January<br />

4, 2001 P<strong>has</strong>e I final rule with comment period, we<br />

discussed our specific reasons for declining to include<br />

within the definition of “same building” a mobile van or<br />

other unit (66 FR 889 through 892). We are concerned with<br />

the potential for confusion if we were to have one<br />

definition of “same building” for physician self-referral<br />

purposes and another, more expansive definition for<br />

purposes of applying the anti-markup payment limitation.<br />

Moreover, we decline to expand the definition of “same<br />

building” for purposes of applying the anti-markup<br />

provisions given the potential we see for overutilization<br />

through arrangements that take place outside the “same<br />

building.” Again, arrangements that do not satisfy the<br />

488

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!