November 2009

CMS Issues Outpatient Prospective System and Physician Fee Schedule Final Rule

A Polsinelli Shughart Health Care Update

2010 Final Rules: Important Changes for Physicians and Hospitals

On October 30, 2009, the Centers for Medicare and Medicaid Services released the final rules for 2010 addressing the Outpatient Prospective Payment System (OPPS Final Rule) and the Physician Fee Schedule (PFS Final Rule). Combined, the two final rules and commentary comprise over 3,500 pages and address a variety of issues related to the payment system for hospital outpatient departments and physician practices. This article addresses important changes for both physicians and hospitals, including:

• CMS Issues an Important Clarification of the Definition of "Direct Supervision" for Hospital Outpatient Services
• Reporting Quality Data for Annual Payment Rate Updates under the HOP-QRDP
• Expansion of Hospital-Acquired Conditions
• Physician Fee Schedule Final Rule Emphasizes Physician Bonuses for Quality Reporting and E-Prescribing
• CMS Clarifies "Stand in the Shoes" Doctrine and Seeks Comment on the Definition of "Entity"

For more information on the 2010 Final Rules, please click here.

For more information:

The issues discussed in this e-Alert are only some of the many issues addressed in the over 3,500 pages of comment and regulation issued by CMS on October 30, 2009 focused on outpatient hospitals and physicians. They are, however, in our view, some of the most important sections for hospitals and physicians to become aware. More information about these or other sections in these Final Rules can be obtained by contacting a Polsinelli Shughart PC attorney listed below:

• Janice Anderson – janderson@polsinelli.com | 312.873.3623
• Joan Killgore – jkillgore@polsinelli.com | 314.889.7008
• Tom O'Donnell – todonnell@polsinelli.com | 816.360.4173

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