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Payment Matters
December 22, 2010
Final In-Office Ancillary Service Exception Disclosure Requirements to Take Effect January 1, 2011
By: Julie E. Kass and Joshua J. Freemire
New disclosure requirements to the In-Office Ancillary Services (IOAS) exception, issued as part of the final 2011 Physician Fee Schedule (the “PFS,” a Final Rule with a Comment Period [PDF]), call for physicians to meet minimal, but essential requirements. Section 6003 of the Patient Protection and Affordable Care Act of 2010 (PPACA) amended the IOAS exception to require referring physicians to provide written notice to patients being referred for CT, MRI or PET that the imaging services can be purchased from suppliers other than the physician. Although there was initially confusion regarding the provision’s effective date, CMS clarified in its proposed version of the rule that the additional criteria added by PPACA was not self-implementing and that compliance by physicians would not be required until after the issuance of a final rule.
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