Regulation Summary |
This final rule further delays for 6 months, until January 7, 2004, the effective date of the last sentence of 42 CFR 411.354(d)(1). Section 411.354(d)(1) was promulgated in the final rule entitled "Medicare and Medicaid Programs; Physicians' Referrals to Health Care Entities With Which They Have Financial Relationships," published in the Federal Register on January 4, 2001 (66 FR 856). A 1-year delay of the effective date of the last sentence in Section 411.354(d)(1) was published in the Federal Register on December 3, 2001 (66 FR 60154). An additional 6-month delay, until July 7, 2003, was published on November 22, 2002 (67 FR 70322). This further extension of the delay in the effective date of that sentence will give us additional time to reconsider the definition of compensation that is "set in advance" as it relates to percentage compensation methodologies in order to avoid unnecessarily disrupting existing contractual arrangements for physician services. Accordingly, the last sentence of Section 411.354(d)(1), which would have become effective July 7, 2003, will not become effective until January 7, 2004. We expect a future final rule with comment period, entitled "Medicare Program; Physicians' Referrals to Health Care Entities With Which They Have Financial Relationships" (Phase II), to further address this issue before this effective date. |