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On June 30, 2008, the
Centers for Medicare & Medicaid Services ("CMS") issued
proposed changes to the Medicare Physician Fee Schedule
for 2009 ("2009 PFS Proposed Rule"), which contains,
among other provisions, the anti-markup provision.
CMS will accept comments on the proposed rule until
August 20, 2008, and will respond to those comments in a
final rule to be issued by November 1, 2008. The
revised policies and payment rates will become effective
January 1, 2009.
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