Proposed 2008 Medicare Changes: Diagnostic Test Mark-Up Prohibited

2008 MEDICARE CHANGES:

PHYSICIAN BILLING FOR PURCHASED DIAGNOSTIC TESTS

CMS is proposing to revise the rules on prohibited mark-ups for purchased diagnostic tests. Revised proposed Section 414.50 will state that “if the physician or medical group bills for the technical or professional component of a diagnostic test that was performed by an outside supplier, the payment to the physician or the medical group (less the applicable deductible and coinsurance) for the technical or professional component of the test may not exceed the lowest of the following amounts:

            (i)         The supplier’s net charge to the physician or medical group.

(ii)        The physician’s or medical group’s actual charge.

(iii)       The fee schedule amount for the test that would be allowed if the supplier billed directly.

This provision applies regardless of whether the test or its interpretation was purchased by the physician or medical group billing for the test or the interpretation, or the right to bill for the test or its interpretation was reassigned to the physician or medical group billing for the test or the interpretation.

For purposes of this provision, the physicians’ or other suppliers’ net charge must be determined without regard to any charge that is intended to reflect the cost of equipment or space leased to the outside supplier, buyer or through the billing physician or medical group, and an outside supplier is somewhat other than the full-time employee of the billing physician or medical group.

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Comments (3) Read through and enter the discussion with the form at the end
john clontz - October 9, 2007 4:58 PM

Has this change been adopted. If yes, where is it published and when is it effective?

Michele Russ - March 6, 2008 9:54 PM

I have been hearing the same. What if the physician bills total service and pays lab or radiologist to interpret? What will happen is lab services will not update their equipment. I worked with a research facility that was using an ultrasound machine from 1986 to diagnose ovarian cancer. The machine had to be retrofitted because ev probes weren't invented at that time. And the national team conducting the study thought all ultrasound equipment was the same. US health care will be worse than 3rd world countries in 5 years if not sooner

Rajat Dhameja, MHA - March 16, 2009 5:42 PM

Hello,

Thought I'd share some information. Please bring to attention if there are any factual changes that should be included.

CMS's final rule delays anti-markup provision (CFR 414.50) applicability until until January 1, 2009. Exception include technical components of a purchased diagnostic test and with respect to any anatomic pathology diagnostic testing services furnished in space that: Is utilized by a physician group practice as a “centralized building” (Sec. 411.351) for purposes of complying with the physician self-referral rules. More information may be found on FDMS at Regulations.gov


Rajat Dhameja

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