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CMS-1403-FC
conclusion. The commenter stated that a CT scan, for
instance, when performed without contrast requires only
general supervision, whereas the same test performed with
contrast requires direct supervision. The commenter
asserted that this difference is due to the relative levels
of medical risk to a patient during a test, not the
interpretation of results. The commenter requested that we
clarify that a “supervising” physician need not be the
physician responsible for interpreting test results or
images.
Response: The commenter is correct that the
supervising physician need not be the physician responsible
for interpreting test results or images.
Comment: For purposes of the anti-markup payment
limitation only, we proposed to define the “performing
physician” with respect to the TC as the physician who
supervised the TC and, with respect to the PC, as the
physician who performed the PC. One commenter supported
this proposal, but requested several clarifications. The
commenter understood the proposal to mean that the
performing supplier of the TC is the physician who
supervised the TC rather than the technician who actually
conducted the test. The commenter inquired whether, if the
anti-markup provision were applied in this instance, the
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