CMS Creates Uncertainty With Proposed Changes

Law360, New York (July 30, 2007, 12:00 AM EDT) -- The Centers for Medicare and Medicaid Services (“CMS”) recently sent a tremor throughout the health care provider world.

The calendar year 2008 proposed Medicare physician payment rule includes far-reaching changes to the Stark regulations, diagnostic test payment rules, and independent diagnostic testing facility (“IDTF”) standards, among others.

The proposed rule undoubtedly signals CMS’ willingness to make significant changes to Stark annually through the physician fee schedule rule, rather than address Stark changes comprehensively in a Stark Phase III regulation. This creates an environment of legal instability...
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