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CMS-1403-FC
beneficiary or any other entity for Medicare DHS that are
furnished as a result of a prohibited referral.
Section 1877(h)(6) of the Act specifies that the
following services are DHS:
● Clinical laboratory services.
● Physical therapy services.
● Occupational therapy services.
● Radiology services.
● Radiation therapy services and supplies.
● Durable medical equipment and supplies.
● Parenteral and enteral nutrients, equipment, and
supplies.
● Prosthetics, orthotics, and prosthetic devices and
supplies.
● Home health services.
● Outpatient prescription drugs.
● Inpatient and outpatient hospital services.
B. Speech-language Pathology Services
As we stated in section III.I. of this final rule with
comment period, section 143 of the MIPPA amended section
1877(h)(6) of the Act to specify that “outpatient
speech-language pathology services” are DHS, effective
July 1, 2009. We note that, in the “Phase I” physician
self-referral final rule, we defined the DHS category of
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