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Effective January 1, 2009,
significant new rules go into effect with respect to a
billing provider's ability to markup certain diagnostic
tests provided to Medicare beneficiaries. The new
revised anti-markup rule was issued as part of the final
Medicare Physician Fee Schedule for calendar year 2009,
which was published by the Centers for Medicare &
Medicaid Services ("CMS") in the Federal Register on
November 19, 2008. This new Rule is noteworthy
because it significantly changes the application of the
Anti-Markup Rule, which historically has been limited to
a physician who orders a test, but "purchases" the
technical component of the test from a third-party.
New York clients,
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New Jersey clients,
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Connecticut clients,
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