CMS 2009 Proposed Physician Fee Schedule

Law360, New York (August 28, 2008, 12:00 AM EDT) -- The Centers for Medicare and Medicaid Services (CMS) is determined to restrict the ability of physician groups to provide diagnostic imaging services for their Medicare patients.

On July 7, 2008 CMS published its 2009 Proposed Medicare Physician Fee Schedule Rule (PFS). The PFS contains several proposed Stark Law regulations, including two that take dead aim at the provision of diagnostic imaging services by physicians pursuant to the Stark Law exception for "in-office ancillary services."

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The proposed rule would require all physicians and...
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