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

CY 2009, the statute requires that we use allowed and<br />

actual expenditures from April 1, 1996 through<br />

December 31, 2008 and the CY 2009 SGR. Consistent with<br />

section 1848(d)(4)(E) of the Act, we will be making<br />

revisions to the CY 2008 and CY 2009 SGRs and CY 2008 and<br />

CY 2009 allowed expenditures. Because we have incomplete<br />

actual expenditure data for CY 2008, we are using an<br />

estimate for this period. Any difference between current<br />

estimates and final figures will be taken into account in<br />

determining the UAF for future years.<br />

We note that Table 33 contains updated actual<br />

expenditures for each time period from April 1, 1997<br />

through December 31, 2008. We discovered that fifteen<br />

procedure codes were inadvertently omitted from the<br />

measurement of actual expenditures beginning in 1998. An<br />

additional 6 codes were omitted from the measurement of<br />

actual expenditures in 2005 and 2006 only, but have <strong>been</strong><br />

included in actual expenditures since 2007. Therefore, the<br />

measurement of actual expenditures for FY 1998 and each<br />

subsequent time period was lower than it should have <strong>been</strong>.<br />

We will be making no changes to PFS payments made for<br />

services furnished prior to CY 2009. However, under<br />

section 1848(d) of the Act, we must include these codes in<br />

the measurement of actual expenditures for historical,<br />

953

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