Recent Developments and Key Legal Issues Impacting Diagnostic Imaging Services, Part 2

This article is the second part of a 2 part series addressing recent federal regulatory action targeting diagnostic imaging arrangements. Part 1 (published in the January/February 2009 issue of Radiology Management) focused solely on some of the more significant changes to the federal Stark regulations. Part 2 will summarize some of the significant regulatory actions contained in the 2009 Medicare Final Physician Fee Schedule addressing the Medicare antimarkup provisions and issues relating to independent diagnostic testing facilities (IDTFs). Additionally, this article will address anticipated Medicare audit activity for diagnostic imaging providers in connection with the Medicare Recovery Audit Contractor Program. Industry stakeholders should anticipate, and be attentive to, further regulatory action addressing imaging arrangements. On October 30, 2008, CMS displayed the 2009 Medicare Final Physician Fee Schedule (2009 MFPFS). This article summarizes the anti-markup provisions and the IDTF enrollment requirements contained in the 2009 MFPFS.

For more information, please call Adrienne Dresevic, Esq. or Carey F. Kalmowitz, Esq. at (248) 996-8510 or visit The HLP website.