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

most Evaluation and Management (E&M) visits and billing for<br />

at least 10 percent of the total cost for a beneficiary or<br />

an episode of care; (ii) physician billing the most<br />

established E&M visits (chronic conditions only); (iii)<br />

assign all cost to each physician billing for any E&M or<br />

procedure; (iv) assign cost to each physician in proportion<br />

to billed visits; and (v) assign cost to the physician<br />

billing the first E&M visit (acute episodes only). In our<br />

continued distribution of RURs through p<strong>has</strong>e I, we will<br />

continue to update and refine our attribution rules. We<br />

are soliciting comments on this approach and the following:<br />

● What criteria should be taken into account to<br />

ensure equity when considering attribution rules?<br />

Finally, although the statute authorizes the Secretary<br />

to focus the application of the program as appropriate, on<br />

physicians who treat a minimum number of individuals and<br />

authorizes us to provide feedback to groups of physicians,<br />

as determined appropriate by the Secretary, we did not<br />

exercise these optional provisions in the Baltimore and<br />

Boston program sites and are not finalizing these in P<strong>has</strong>e<br />

I of the program. In addition, section 1848(n)(6) of the<br />

Act also requires that adjustments, to the extent<br />

practicable, take into account variations in health status<br />

and other patient characteristics. <strong>This</strong> type of adjustment<br />

801

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