Notice: This CMS-approved document has been submitted - Philips ...
Notice: This CMS-approved document has been submitted - Philips ... Notice: This CMS-approved document has been submitted - Philips ...
CMS-1403-FC Outpatient clinical laboratory services are paid under the clinical laboratory fee schedule (CLFS) in accordance with section 1833(h) of the Act. Section 1833(h)(2)(A)(i) of the Act specifies that the fee schedules are adjusted annually, to become effective on January 1 of each year, by a percentage increase or decrease equal to the percentage increase or decrease in the Consumer Price Index for All Urban Consumers (United States city average) (CPI-U). The Congress has frozen the update to zero percent for CYs 2004 through 2008. The freeze on the annual update expires beginning January 1, 2009. For the period beginning January 1, 2009, the update factor for the clinical lab fee schedule would be 5.0 percent. However, section 145(b) of the MIPPA reduces this increase by 0.5 percent for each of the years 2009 through 2013. Therefore, for the period January 1, 2009, through December 31, 2009, payments under the Clinical Laboratory Fee Schedule will be increased by 4.5 percent. L. Section 146: Improved Access to Ambulance Services Section 146(a) of the MIPAA modifies section 1834(l)(13) of the Act to specify that, effective for ground ambulance claims furnished during the period July 1, 2008, the ambulance fee schedule through December 860
CMS-1403-FC 31, 2009 amounts for ground ambulance services shall be increased as follows: ● For covered ground ambulance transports which originate in a rural area or in a rural census tract of a metropolitan statistical area, the fee schedule amounts shall be increased by 3 percent; and ● For covered ground ambulance transports which do not originate in a rural area or in a rural census tract of a metropolitan statistical area, the fee schedule amounts shall be increased by 2 percent. We are revising §414.610(c)(1) to conform the regulations to this statutory requirement. This statutory requirement is self-implementing. A plain reading of the statute requires only a ministerial application of the mandated rate increase, and does not require any substantive exercise of discretion on the part of the Secretary. We note that in adding language to §414.610(c)(1) to set forth this statutory requirement, we have also divided it into 2 paragraphs for purposes of clarity. In addition, section 146(b)(1) of the MIPPA specifies that any area that was designated as a rural area for purposes of making payments under the ambulance fee schedule for air ambulance services furnished on 861
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<strong>CMS</strong>-1403-FC<br />
31, 2009 amounts for ground ambulance services shall be<br />
increased as follows:<br />
● For covered ground ambulance transports which<br />
originate in a rural area or in a rural census tract of a<br />
metropolitan statistical area, the fee schedule amounts<br />
shall be increased by 3 percent; and<br />
● For covered ground ambulance transports which do<br />
not originate in a rural area or in a rural census tract of<br />
a metropolitan statistical area, the fee schedule amounts<br />
shall be increased by 2 percent.<br />
We are revising §414.610(c)(1) to conform the<br />
regulations to this statutory requirement. <strong>This</strong> statutory<br />
requirement is self-implementing. A plain reading of the<br />
statute requires only a ministerial application of the<br />
mandated rate increase, and does not require any<br />
substantive exercise of discretion on the part of the<br />
Secretary. We note that in adding language to<br />
§414.610(c)(1) to set forth this statutory requirement, we<br />
have also divided it into 2 paragraphs for purposes of<br />
clarity.<br />
In addition, section 146(b)(1) of the MIPPA specifies<br />
that any area that was designated as a rural area for<br />
purposes of making payments under the ambulance fee<br />
schedule for air ambulance services furnished on<br />
861