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CMS Clarifies New Anti-Markup Rule: Audio Briefing

Frederick, MD, July 16, 2008 --( Centers for Medicare and Medicaid Services (CMS) has proposed changes to the Anti-Markup Rule, Gainsharing, and other provisions affecting physicians who offer imaging services. Learn directly from CMS and top legal analysts how these developments could impact the bottom line.

2009 Physician Fee Schedule Proposed Rule:
What Providers Need to Know to Prepare for the Changes

Hosted by Nightingale's Healthcare News and The Beard Group Law and Business Publishers

Date: Thursday, July 24, 2008
Time: 1:30 p.m. - 3:00 p.m. Eastern Time
Location: The office or conference room (no need to travel)

Hayden Wool, and Steven Chananie, Garfunkel, Wild & Travis, P.C.
Donald Romano and Lisa Ohrin, Centers for Medicare and Medicaid Services (CMS)

Special 90-minute telephone briefing with interactive Q&A session - unlimited enrollment per call-in site.

Learn more

After more than a year of mixed signals and a flood of public comments, CMS has proposed significant changes to the purchased diagnostic test rule, also known as the Anti-Markup Rule.

In its proposed 2009 Physician Fee Schedule released June 30, CMS outlines two alternatives that would not apply the rule to diagnostic testing services provided by a physician who shares a practice with a single physician or physician organization. The new rules also clarify certain key terms and concepts - including what constitutes the "office of the billing physician or other supplier" and who is an "outside supplier".

Moreover, the new proposed rules outline a ground-breaking Stark Law exception for gainsharing, pay-for-performance, and other incentive payment and shared-savings programs offered by hospitals.

Enroll in this quick and convenient Audio Briefing and let a trio of the nation's leading healthcare attorneys - along with senior CMS representatives Donald Romano and Lisa Ohrin - explain the proposed new rules, answer questions, and get listeners up to speed on the changes. To be examined -

* How the two new anti-markup proposals compare - common themes and key differences
* Who's covered by the rules, and when would they take effect
* Clearer definitions of "site of service" as the continuing controversial factor in determining markup
* Other new CMS definitions impacting physician organizations such as professional corporations or medical groups
* Possible exceptions, including some "hub and spoke" arrangements
* Effect of employment status of test performers – including independent contractors and part-time employees
* CMS's latest thinking on calculating net charges and allowing some overhead cost recovery
* New Stark Law exception for gainsharing and other incentive programs
* Changes to incentive program enrollment rules for physicians, non-physician practitioners, and independent diagnostic testing facilities
* Existing arrangements that could require restructuring
* CMS insights and perspectives about the proposed new rules

Who Should Attend:
Any provider of diagnostic ancillary services (including both imaging and lab) and managers, compliance personnel, in-house counsel, accountants, and other consultants involved in diagnostic ancillary services.

Meet the Presenters:
Hayden S. Wool is a partner with the healthcare law firm of Garfunkel, Wild & Travis, P.C.

Donald H. Romano is the Director of the Division of Technical Payment Policy within the Center for Medicare Management, Centers for Medicare & Medicaid Services.

Lisa M. Ohrin is the Deputy Director of the Division of Technical Payment Policy at CMS's Center for Medicare Management.

Steven Chananie is a partner with Garfunkel, Wild & Travis, P.C.

Continuing Education Credit:
Training is accredited for 1.50 MCLEs in California, and applications are pending in the states of Texas and Tennessee. Attorneys in New York may receive credit because of the state's reciprocity arrangement with California. For non-attorneys and attorneys practicing in other states, Certificates of Attendance are available upon request.

Share the learning throughout your organization with the Conference Plus option - order both the live conference and the audio CD recording.

How to Register:
1. Call 240-629-3300 and charge tuition investment of $295 to a major credit card, or

2. Visit for fast and convenient online registration.

3. Mail check payable to Beard Audio Conferences to: Beard Group, P.O. Box 4250, Frederick, MD 21705-4250 (checks must be received 48 hours prior to conference).

Can't make the scheduled date and time? Order the Audio CD recording of this conference. Or get the Conference Plus option that allows attendance to the audio conference and the audio CD recording at a discounted price. For either option, visit or call (240) 629-3300.

Contact Information
Beard Audio Conferences
Martin Heavner

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