The anti-markup provisions in the final 2008 Medicare Physician Fee Schedule Rule (Final Rule) is likely to produce major changes in the ways physicians provide diagnostic tests. The Centers for Medicare & Medicaid Services (CMS) published the Final Rule in the Federal Register on November 27, 2007. See 72 Fed. Reg. 66222, 66306-66321 (Nov. 27, 2007). The changes in the Final Rule took effect January 1, 2008. While the anti-markup provisions of the Final Rule are fairly straight-forward, the effect of these provisions on the ways in which physician practices provide diagnostic tests cannot be overstated.

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