Diagnostic Imaging Centers Continue to Struggle

As was predicted by many, the Deficit Reduction Act is continuing to cause a major shake-out in the imaging center industry.  According to the Florida Business Journal, a major Florida-based imaging center company has filed for Chapter 11 reorganization and will close 5 of its 17 centers.  As this trend continues, many physicians who invested in centers in hopes that returns would help bolster practice revenues are now scrambling to figure out what their personal exposure might be if their investments go under - and rightly so.  Many such investments required investors to sign on to personal guarantees with lenders and landlords which could put investors' personal assets at risk in the event of a default.  For more information on options for ailing imaging center investments, see the following article in Physicians News Digest at: http://physiciansnews.com/law/108rodriguez.html.  

CMS Delays Anti-Markup Rules until January 1, 2009

Citing the need for additional clarification of what constitutes the "office of the billing physician" under the final anti-markup regulations issued as part of the 2008 Physician Fee Schedule, the Centers for Medicare and Medicaid Services (CMS) issued another regulation today postponing the effective date of the anti-markup regulations until January 1, 2009.  Apparently CMS received much feedback from physician groups questioning applicability of the rule to arrangements which otherwise comply with the federal Stark statute. 

Pod Lab Owners Beware: The provisions of the anti-markup regulations applicable to anatomic pathology services (think "pod labs") and those relating to purchased technical component services (which are nothing new) will still take effect as of January 1, 2008. 

Today's rule postponing the effective date can be found here:  http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/07-6280.htm

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