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

1848(f)(3)(C)(i) of the Act, the SGR is estimated and<br />

subsequently revised twice (beginning with the FY and CY<br />

2000 SGRs) based on later data. (The Act also provides for<br />

adjustments to be made to the SGRs for FY 1998 and FY 1999.<br />

See the February 28, 2003 Federal Register (68 FR 9567) for<br />

a discussion of these SGRs). Under section<br />

1848(f)(3)(C)(ii) of the Act, there are no further<br />

revisions to the SGR once it <strong>has</strong> <strong>been</strong> estimated and<br />

subsequently revised in each of the 2 years following the<br />

preliminary estimate. In this final rule with comment, we<br />

are making our preliminary estimate of the CY 2009 SGR, a<br />

revision to the CY 2008 SGR, and our final revision to the<br />

CY 2007 SGR.<br />

B. Physicians' Services<br />

Section 1848(f)(4)(A) of the Act defines the scope of<br />

physicians' services covered by the SGR. The statute<br />

indicates that “the term physicians' services includes<br />

other items and services (such as clinical diagnostic<br />

laboratory tests and radiology services), specified by the<br />

Secretary, that are commonly performed or furnished by a<br />

physician or in a physician's office, but does not include<br />

services furnished to a Medicare+Choice plan enrollee.” We<br />

published a definition of physicians' services for use in<br />

the SGR in the November 1, 2001 Federal Register<br />

957

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