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CMS-1403-FC
year to the entire year, provided a 1.1 percent increase to
the CY 2009 CF, and specified that the CFs for CY 2010 and
subsequent years must be computed as if the increases for
CYs 2007, 2008, and 2009 had never applied.
If section 101 of the MMSEA had not been enacted, the
CY 2008 CF update would have been -10.1 percent (0.89896),
as published in the CY 2008 PFS final rule with comment
period (72 FR 66383). For CY 2009, the percentage increase
in the MEI is equal to 1.6 percent (1.016). The UAF is
-7.0 percent (0.930). If section 131 of the MIPPA had not
been enacted, the CY 2009 CF update would have been -15.1
percent, which is the product of the published CY 2008
update (0.89896), the percentage increase in the MEI
(1.016), and the UAF (0.930).
Section 131 of the MIPPA provided a 1.1 percent
increase in the CY 2009 CF. Consistent with section 131 of
the MIPPA, the update for CY 2009 is 1.1 percent.
Budget Neutrality Adjustment: Section 133(b) of the MIPPA
Section 1848(c)(2)(B)(i) of the Act requires that we
review the RVUs no less often than every 5 years. Section
1848(c)(2)(B)(ii)(II) of the Act requires that increases or
decreases in RVUs for a year may not cause the amount of
expenditures for the year to differ by more than
$20 million from what expenditures would have been in the
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