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

and CY 2007 PFS final rules with comment period, we would<br />

make adjustments to the chiropractor fees under the<br />

Medicare PFS to recover aggregate payments under the<br />

demonstration in excess of the amount estimated to yield<br />

BN. We will assess BN by determining the change in costs<br />

based on a pre- and post-comparison of aggregate payments<br />

and the rate of change for specific diagnoses that were<br />

treated by chiropractors and physicians in the<br />

demonstration sites and control sites. Because the<br />

aggregate payments under the expanded chiropractor services<br />

may have an impact on other Medicare expenditures, we will<br />

not limit our analysis to reviewing only chiropractor<br />

claims.<br />

Any needed reduction to chiropractor fees under the<br />

PFS would be made in the CY 2010 and CY 2011 physician fee<br />

schedules as it will take approximately 2 years after the<br />

demonstration ends to complete the claims analysis. If we<br />

determine that the adjustment for BN is greater than<br />

2 percent of spending for the chiropractor fee schedule<br />

codes (comprised of the 3 currently covered CPT codes<br />

98940, 98941, and 98942), we would implement the adjustment<br />

over a 2-year period. However, if the adjustment is less<br />

than 2 percent of spending under the chiropractor fee<br />

schedule codes, we would implement the adjustment over a<br />

707

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