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

PC to bill Medicare directly. The issues raised and the<br />

suggestions made by the commenters will be taken into<br />

consideration for purposes of future rulemaking. As we<br />

noted above in section II.N.2.a., we agree that it would be<br />

simpler to adopt the approach, as suggested by one<br />

commenter, that we not allow any reassignment of diagnostic<br />

testing services and, instead, require direct billing.<br />

However, without studying that approach further, we have<br />

concerns that doing so may unnecessarily prevent nonabusive<br />

arrangements.<br />

(3) Effective date<br />

Comment: In the CY 2009 PFS proposed rule, we<br />

solicited comments on whether revisions made by the CY 2008<br />

PFS final rule with comment period (but which were delayed<br />

until January 1, 2009 through a final rule published on<br />

January 3, 2008 (73 FR 404)) should go into effect on<br />

January 1, 2009, and whether any proposals from the CY 2009<br />

PFS proposed rule that we may finalize should go into<br />

effect on that date, or whether some or all of the<br />

revisions should be delayed past January 1, 2009. One<br />

commenter urged us to implement the anti-markup provisions<br />

without delay, as we have <strong>been</strong> studying this issue since<br />

2004. The commenter asserted that sufficient time <strong>has</strong><br />

passed for consideration of comments on the issue. The<br />

508

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