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

current, and future periods. The inclusion of these<br />

additional actual expenditures will have no effect on the<br />

2009 update. Also, we estimate that the inclusion of the<br />

additional expenditures for these codes will not increase<br />

the number of years that we expect the maximum reduction in<br />

the physician fee schedule update to apply under current<br />

law. <strong>This</strong> correction is consistent with the actions taken<br />

in 2001 when we discovered that another set of codes<br />

inadvertently had not <strong>been</strong> included in the measurement of<br />

actual expenditures (66 FR 55314). As discussed in detail<br />

below, consistent with section 1848(f)(3) of the Act, in<br />

this final rule with comment, we are making our preliminary<br />

estimate of the CY 2009 SGR, a revision to the CY 2008 SGR,<br />

and our final revision to the CY 2007 SGR. All of the<br />

inadvertently excluded codes were taken into consideration<br />

for purposes of estimating the SGRs for these 3 years.<br />

We are using figures from Table 33 in the following<br />

statutory formula:<br />

Target − Actual<br />

Target − Actual<br />

08<br />

08<br />

4 / 96−12<br />

/ 08<br />

4 / 96−12<br />

/ 08<br />

UAF<br />

09 =<br />

× 0.<br />

75 +<br />

× 0.<br />

33<br />

Actual<br />

Actual × SGR<br />

08<br />

UAF09 = Update Adjustment Factor for CY 2009 = -26.6 percent<br />

Target08 = Allowed Expenditures for CY 2008 = $86.8 billion<br />

08<br />

09<br />

954

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