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CMS-1403-FC
provisions will not apply to TCs and PCs supervised or
performed by a physician who performs “substantially all”
(at least 75 percent) of his or her professional services
for the billing physician or other supplier, which provides
some flexibility for the performing physician to work for
more than one billing physician or other supplier.
Moreover, this final rule provides additional flexibility
by allowing arrangements that do not come within the
protection of the “substantially all” test to avoid the
application of the anti-markup payment limitation by
complying on a case-by-case basis with the existing site-
of-service approach (as clarified by this final rule with
comment period). We believe that this addresses the
commenters’ concerns.
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