2008 Medicare Physician Fee Schedule: Final Rule Has Far Reaching Implications

The 2008 Medicare Physician Fee Schedule (MPFS)Anti-Markup Rule
was published in the Federal Register onThe final anti-markup rule is effective January 1,
November 27, 2007. For the most part, the 20082008. Without limitation, physicians who provide
MPFS final rule will take effect January 1, 2008.diagnostic testing to their patients and physicians
This article will focus on two areas of the MPFSthat contract with radiologists and cardiologists to
final rule that will significantly impact diagnosticprovide the reading and interpretation of such
testing arrangements: (1) a newly expandeddiagnostic tests may be significantly impacted by
anti-mark-up rule and (2) a sharing prohibition forthe final rule (even if the arrangement complies
certain independent diagnostic testing facilitieswith Stark). All physicians that currently provide
(IDTFs). The changes in these areas willthese services must have their arrangements
significantly impact the structuring of commonreviewed to ensure compliance with the new rule.
physician diagnostic testing arrangements.Failure to comply with the final rule may create
Who May be Impacted by the January 1, 2008false claims liability.