I R PInnovative Resources for Payors
	
[Federal Register: November 13, 2000 (Volume 65, Number 219)]
[Rules and Regulations]               
[Page 67797-67846]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no00-24]                         
 

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Part II





Department of Health and Human Services





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Health Care Financing Administration



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42 CFR Part 419



Medicare Program; Prospective Payment System for Hospital Outpatient 
Services; Interim Final Rule


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 419

[HCFA-1005-IFC]
RIN 0938-A156

 
Medicare Program; Prospective Payment System for Hospital 
Outpatient Services

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Interim final rule with comment period.

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SUMMARY: This interim final rule with comment period provides for the 
annual update to the Medicare hospital outpatient prospective payment 
system conversion factor that is used to calculate the payment amount 
for each payment group, effective January 1, 2001. It also updates the 
wage index values and incorporates the year 2001 changes in the 
procedure codes that are used to make payments under this system. In 
this rule, we are also responding to public comments received on those 
portions of the April 7, 2000 final rule with comment period (which 
established the hospital outpatient prospective payment system) that 
implemented related provisions of the Balanced Budget Refinement Act 
(BBRA) of 1999. In addition, we are responding to public comments on 
the August 3, 2000 interim final rule with comment period that modified 
the April 7, 2000 final rule with comment period by revising the 
criteria used to define new or innovative medical devices, drugs, and 
biologicals eligible for transitional pass-through payments and 
correcting the criteria for grandfathering provider-based Federally 
Qualified Health Centers (FQHC) into the prospective payment system.

DATES:   
    Effective Date: These regulations are effective on January 1, 2001.
    Comment Period: We will consider comments if we receive them at the 
appropriate address, as provided below, no later than 5 p.m. on January 
12, 2001.

ADDRESSES: Mail written comments (1 original and 3 copies) to the 
following address:

Health Care Financing Administration, Department of Health and Human 
Services, Attention: HCFA-1005-IFC, P.O. Box 8013, Baltimore, MD 21244-
8013.

    To ensure that mailed comments are received in time for us to 
consider them, please allow for possible delays in delivering them.
    If you prefer, you may deliver your written comments (1 original 
and 3 copies) to one of the following addresses:

Room 443-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., 
Washington, DC 20201, or

Room C5-14-03, 7500 Security Boulevard, Baltimore, MD 21244-1850.

    Comments mailed to the above addresses may be delayed and received 
too late for us to consider them. Because of staff and resource 
limitations, we cannot accept comments by facsimile (FAX) transmission. 
In commenting, please refer to file code HCFA-1005-IFC. of the received 
timely will be available for public inspection as they are received, 
generally beginning approximately 3 weeks after publication of a 
document, in Room 443-G of the Department's office at 200 Independence 
Avenue, SW., Washington, DC, on Monday through Friday of each week from 
8:30 to 5 p.m. (phone: (202) 690-7890).

FOR FURTHER INFORMATION CONTACT:
Janet Wellham (410) 786-4510, Chuck Braver, (410) 786-6719, or Jana 
Petze (410) 786-9374, (for general information).
Kity Ahern, (410) 786-4515 (for information related to ambulatory 
payment classification groups and transitional pass-through payments 
related to drugs and biologicals).
Majorie Baldo, (410) 786-4617 or Barry Levi, (410) 786-4529 (for 
information related to transitional pass-through payments for medical 
devices).
George Morey (410) 786-4653 (for information related to the criteria 
for grandfathering provider-based FQHCs into the prospective payment 
system).

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

    Copies: To order copies of the Federal Register containing this 
document, send your request to: New Orders, Superintendent of 
Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. Specify the date 
of the issue requested and enclose a check or money order payable to 
the Superintendent of Documents, or enclose your Visa or Master Card 
number and expiration date. Credit card orders can also be placed by 
calling the order desk at (202) 512-1800 or by faxing to (202) 512-
2250. The cost for each copy is $8. As an alternative, you can view and 
photocopy the Federal Register document at most libraries designated as 
Federal Depository Libraries and at many other public and academic 
libraries throughout the country that receive the Federal Register.
    This Federal Register document is also available from the Federal 
Register online database through GPO Access, a service of the U.S. 
Government Printing Office. The Website address is 
http://www.gpoaccess.gov/nara/index.html.
    To assist readers in referencing sections contained in this 
document, we are providing the following table of contents:

Table of Contents

I. Background

A. General Summary of April 7, 2000 Final Rule With Comment Period 
that Implemented Amendments Enacted by the Balanced Budget Act of 
1997 and the Balanced Budget Refinement Act of 1999
B. June 30, 2000 Notice of Delay of Effective Date for the April 7, 
2000 Final Rule with Comment Period
C. August 3, 2000 Interim Final Rule with Comment Period
D. Summary of This Interim Final Rule with Comment Period

II. Analysis of, and Responses to, Public Comments on the BBRA 1999 
Provisions and the August 3, 2000 Interim Final Rule with Comment 
Period

A. April 7, 2000 BBRA 1999 Provisions
    1. Outlier Adjustment
    2. Transitional Pass-Through for Additional Costs of Innovative 
Medical Devices, Drugs, and Biologicals
    a. Definition of a device
    b. Eligibility criteria
    c. Investigational device exemption (IDE) device
    d. Removing cost of predicate item
    e. Excluded costs
    f. Effect on conversion factor
    g. Cost significance tests
    h. Brand-specific versus categorization approaches
    i. Issues pertaining to specific items
    j. Pass-through applications process
    k. Payment for pass-through items
    l. Focus medical review
    3. Budget Neutrality Applied to New Adjustments
    4. Limitation on Judicial Review
    5. Inclusion in the Hospital Outpatient Prospective Payment 
System of Certain Implantable Items
    6. Payment Weights Based on Median or Mean Hospital Costs
    7. Limitation on Variation of Costs of Services Classified 
Within a Group
    8. Annual Review of the Components of the Hospital Outpatient 
Prospective Payment System
    9. Copayment Amounts Not Affected by Pass-Throughs
    10. Extension of Cost Reductions
    11. Clarification of Congressional Intent Regarding Base Amounts 
Used in Determining the Hospital Outpatient Prospective Payment 
System

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    12. Transitional Corridors for Application of Outpatient 
Prospective Payment System
    a. Interim payment versus final settlement
    b. Payment-to-cost ratios
    c. Cost-to-charge ratios
    d. Interim payments limited to 85 percent of the estimated 
transitional corridor payment
    e. Providers having more than one 1996 cost report
    f. Providers having no 1996 cost report
    g. Prospective payment system delay and transitional corridor 
payments
    h. Rural hold-harmless provision
    i. Covered charges
    j. Cancer hospitals and transitional corridor payments
    k. Teaching hospitals and transitional corridor payments
    13. Limitation on Coinsurance for a Procedure
    14. Reclassification of Certain Hospitals
B. August 3, 2000 Interim Final Rule With Comment Period
    1. Transitional Pass-Through Provisions
    a. "Not insignificant" cost criteria
    b. Definition of medical device
    2. Revision to Grandfather Provision for Certain FQHCs and 
"Look-Alikes"
    3. Clarification of Notice of Beneficiary Cost-Sharing Liability
    4. Clarification of Protocols for Off-Campus Departments
    5. Typographical Errors in the Provider-Based Regulations

III. Provisions of This Interim Final Rule With Comment Period

A. Changes Relating to the BBRA 1999 Public Comments
B. Annual Updates to Components of the Hospital Outpatient 
Prospective Payment System
    1. APC Groups
a. New codes
b. Deleted codes
c. Revisions to correct errors or inconsistencies
d. Device-related codes
e. Inpatient codes moved to the outpatient setting
f. "Two-times" rule
g. Inpatient codes moved to outpatient and affected by device
h. Newly covered codes
i. Pass-through requests for drugs
2. Inpatient Procedures List Update
3. Wage Index Adjustment
4. Conversion Factor Update

IV. Waiver of Notice of Proposed Rulemaking

V. Collection of Information Requirements

VI. Regulatory Impact

      A. General
      B. Analysis for Changes in this Interim Final Rule with 
Comment Period
      C. Federalism
      D. Executive Order 12866 and 5 U.S.C. 804(2) Regulation Text
      Addenda
Note to the Addenda
Addendum A--List of Hospital Outpatient Ambulatory Payment 
Classifications with Status Indicators, Relative Weights, Payment 
Rates, and Coinsurance Amounts--Calendar Year 2001
Addendum B--Hospital Outpatient Department (HOPD) Payment Status by 
HCPCS Code and Related Information--Calendar Year 2001
Addendum C--[Reserved]
Addendum D--Status Indicators: How Various Services Are Treated 
under the Hospital Outpatient Prospective Payment System
Addendum E--CPT Codes Which Will Be Paid Only As Inpatient 
Procedures--Calendar Year 2001
Addendum F--Wage Index for Urban Areas
Addendum G--Wage Index for Rural Areas
Addendum H--Wage Index for Hospitals That Are Reclassified

Alphabetical List of Acronyms Appearing in the Interim Final Rule With 
Comment Period

APC  Ambulatory payment classification
APG  Ambulatory patient group
ASC  Ambulatory surgical center
AWP  Average wholesale price
BBA  1997 Balanced Budget Act of 1997
BBRA  1999 Balanced Budget Refinement Act of 1999
CAT  Computerized axial tomography
CCI  [HCFA's] Correct Coding Initiative
CCR  Cost center specific cost-to-charge ratio
CMHC  Community mental health center
CORF  Comprehensive outpatient rehabilitation facility
CPI  Consumer Price Index
CPT  [Physicians'] Current Procedural Terminology, 4th Edition, 
2000, copyrighted by the American Medical Association
DME  Durable medical equipment
DMEPOS  DME, prosthetics (which include prosthetic devices and 
implants) orthotics, and supplies
DRG  Diagnosis-related group
FDA  Food and Drug Administration
FQHC  Federally qualified health center
HCPCS  HCFA Common Procedure Coding System
HHA  Home health agency
ICD-9-CM  International Classification of Diseases, Ninth Edition, 
Clinical Modification
IME  Indirect medical education
JCAHO  Joint Commission on Accreditation of Healthcare Organizations
MRI  Magnetic resonance imaging
MSA  Metropolitan statistical area
NECMA  New England County Metropolitan Area
PPS  Prospective payment system
RFA  Regulatory Flexibility Act
RHC Rural health clinic
RRC Rural referral center
SCH Sole community hospital
SNF Skilled nursing facility

I. Background

A. General Summary of April 7, 2000 Final Rule With Comment Period That 
Implemented Amendments Enacted by the Balanced Budget Act of 1997 and 
the Balanced Budget Refinement Act of 1999

    On April 7, 2000, we published in the Federal Register (65 FR 
18434) a final rule with comment period to implement a new prospective 
payment system for hospital outpatient services. This new system 
establishes prospective payment rates for covered outpatient hospital 
services using ambulatory payment classification (APC) groups. The 
April 7, 2000 final rule with comment period implemented section 4523 
of the Balanced Budget Act of 1997 (the BBA 1997), Public Law 105-33, 
and related sections of the Balanced Budget Refinement Act of 1999 (the 
BBRA 1999), Public Law 106-113. Section 4523 of the BBA 1997 amended 
section 1833 of the Social Security Act (the Act) by adding subsection 
(t) to provide for implementation of a prospective payment system for 
hospital outpatient services furnished to Medicare beneficiaries. 
Section 1833(t) of the Act, as added by the BBA 1997--
     Authorizes the Secretary to designate the hospital 
outpatient services that would be paid under the prospective payment 
system and requires that the hospital outpatient prospective payment 
system include hospital inpatient services designated by the Secretary 
that are covered under Medicare Part B for beneficiaries who are 
entitled to Part A benefits but who have exhausted them or are 
otherwise entitled to them.
     Sets forth certain requirements for the hospital 
outpatient prospective payment system, including the requirement that a 
classification system for covered outpatient services be developed that 
may consist of groups arranged so that the services within each group 
are comparable clinically and with respect to the use of resources.
     Specifies data requirements for establishing relative 
payment weights. The weights are to be based on the median hospital 
costs determined by 1996 claims data and data from the most recent 
available cost reports. (This provision has subsequently been changed 
by the BBRA 1999, as discussed later in this preamble.)
     Requires that the portion of the Medicare payment and the 
beneficiary coinsurance that are attributable to labor and labor-
related costs be adjusted for geographic wage differences in a budget 
neutral manner.
     Authorizes the Secretary under section 1833(t)(2)(E) of 
the Act to establish, in a budget neutral manner, other adjustments, 
such as outlier adjustments or adjustments for certain classes of 
hospitals, that the Secretary determines to be necessary to ensure 
equitable payments.
     Requires the Secretary to develop a method for controlling 
unnecessary

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increases in the volume of covered outpatient services.
     Specifies how beneficiary deductibles are to be treated 
when calculating the Medicare payment and beneficiary coinsurance 
amounts and requires that rules be established regarding determination 
of coinsurance amounts for covered services that were not furnished in 
1996. The statute freezes beneficiary coinsurance at 20 percent of the 
national median charges for covered services (or a group of covered 
services) furnished during 1996 and updated to 1999 using the 
Secretary's estimated charge growth from 1996 to 1999.
     Prescribes the formula for calculating the initial 
conversion factor used to determine 1999 Medicare payment amounts and 
the method for updating the conversion factor in subsequent years.
     Describes the method for determining the Medicare payment 
amount and the beneficiary coinsurance amount for services covered 
under the outpatient prospective payment system. (This section was 
amended by the BBRA 1999, as discussed later in this preamble.)
     Requires the Secretary to establish a procedure whereby 
hospitals may voluntarily elect to reduce beneficiary copayment for 
some or all covered services to an amount no less than 20 percent of 
the Medicare payment amount. Hospitals are further allowed to 
disseminate information on any such reductions of copayment amounts. 
Section 4451 of the BBA 1997 added section 1861(v)(1)(T) to the Act, 
which provides that any reduction in copayment, must not be treated as 
a bad debt.
     Authorizes periodic review and revision of the payment 
groups, relative payment weights, wage index, and conversion factor. 
(This section was amended by the BBRA 1999, as discussed later in this 
preamble.)
     Describes how payment is to be made for ambulance 
services, which are specifically excluded from the hospital outpatient 
prospective payment system under section 1833(t)(1)(B) of the Act.
     Provides that the Secretary may establish a separate 
conversion factor for services furnished by cancer hospitals that are 
excluded from the hospital inpatient prospective payment system.
     Prohibits administrative or judicial review of the 
hospital outpatient prospective payment system classification system, 
the payment groups, relative payment weights, wage adjustment factors, 
other adjustments, calculation of base amounts, periodic adjustments, 
and the establishment of a separate conversion factor for those cancer 
hospitals excluded from hospital inpatient prospective payment system. 
(This section was expanded by the BBRA 1999, as discussed later in this 
preamble.)
    Section 4523(d) of the BBA 1997 made a conforming amendment to 
section 1833(a)(2)(B) of the Act to provide for payment under the 
hospital outpatient prospective payment system for some services 
described in section 1832(a)(2) of the Act that are currently paid on a 
cost basis and furnished by providers of services, such as 
comprehensive outpatient rehabilitation facilities (CORFs), home health 
agencies (HHAs), hospices, and community mental health centers (CMHCs). 
This amendment provides that partial hospitalization services furnished 
by CMHCs be paid under the hospital outpatient prospective payment 
system.
    Before enactment of section 4521(b) of the BBA 1997, the blended 
payment formulas for ambulatory surgery centers (ASC) procedures, 
radiology, and other diagnostic services, the ASC or physician fee 
schedule portion were calculated as if the beneficiary paid 20 percent 
of the ASC rate or physician fee schedule amount instead of the actual 
amount paid, which was 20 percent of the hospital's billed charges. 
Section 4521(b) of the BBA 1997, which amended sections 
1833(i)(3)(B)(i)(II) and 1833(n)(1)(B)(i) of the Act, corrected this 
anomaly by changing the blended calculations so that all amounts paid 
by the beneficiary are subtracted from the total payment in the 
calculation to determine the amount due from the program. Effective for 
services furnished on or after October 1, 1997, payment for ASC 
surgery, radiology, and other diagnostic services calculated by blended 
payment methods is now calculated by subtracting the full amount of 
coinsurance due from the beneficiary (based on 20 percent of the 
hospital's billed charges).
    Section 1861(v)(1)(S)(ii) of the Act was amended by section 4522 of 
the BBA 1997 to require that the amounts otherwise payable for hospital 
outpatient operating costs and capital costs be reduced by 5.8 percent 
and 10 percent, respectively, through December 31, 1999. (This section 
was further amended by the BBRA 1999.)
    (Refer to the April 7, 2000 hospital outpatient prospective payment 
system final rule with comment period for a more in-depth description 
of how the changes made by the BBA 1997 and the BBRA 1999 were 
implemented.)
    On November 29, 1999, after we had published a proposed rule to 
implement section 4253 of the BBA 1997, the BBRA 1999 was enacted. The 
BBRA 1999 made major changes that affected the hospital outpatient 
prospective payment system that was established by the BBA 1997 and 
implemented in the April 7, 2000 final rule with comment period. 
Therefore, in the April 7, 2000 final rule with comment period, we also 
implemented 14 provisions of the BBRA 1999 that affected the hospital 
outpatient prospective payment system and solicited public comments on 
those provisions. The BBRA 1999 provisions on which we solicited 
comments included the following:
1. Outlier Adjustment
    Section 201(a) of the BBRA 1999 amended section 1833(t) of the Act 
by adding a new paragraph (5) to provide that the Secretary must make 
payment adjustments (that is, an outlier payment) for covered services 
whose costs exceed a threshold determined by the Secretary. This 
section describes how the additional payments are to be calculated and 
caps the projected outlier payments at no more than 2.5 percent of the 
total projected payments (sum of both Medicare and beneficiary payments 
to the hospital) made under the hospital outpatient prospective payment 
system for years before 2004 and 3.0 percent of the total projected 
payments for 2004 and subsequent years.
2. Transitional Pass-Through for Additional Costs of Innovative Medical 
Devices, Drugs, and Biologicals
    Section 201(b) of the BBRA 1999 added new section 1833(t)(6) to the 
Act, establishing transitional pass-through payments for certain 
medical devices, drugs, and biologicals. This provision specifies the 
types of items for which additional payments must be made; describes 
the amount of the additional payments; limits these payments to at 
least 2, but not more than 3 years; and caps the projected payment 
adjustments annually at 2.5 percent of the total projected payments for 
hospital outpatient services each year before 2004 and no more than 2.0 
percent in subsequent years. Under this provision, the Secretary must 
reduce pro rata the amount of the additional payments if, before the 
beginning of a year, he or she estimates that these payments would 
otherwise exceed the caps.
3. Budget Neutrality Applied to New Adjustments
    Section 201(c) of the BBRA 1999 amended section 1833(t)(2)(E) of 
the Act to require that the establishment of outlier and transitional 
pass-through payment adjustments be made in a budget neutral manner.

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4. Limitation on Judicial Review
    Section 201(d) of the BBRA 1999 amended redesignated section 
1833(t)(11) of the Act by extending the prohibition of administrative 
or judicial review to include the factors for determining outlier 
payments (that is, the fixed multiple, or a fixed dollar cutoff amount, 
the marginal cost of care, or applicable total payment percentage), and 
the determination of additional payments for certain medical devices, 
drugs, and biologicals, the insignificant cost determination for these 
items, the duration of the additional payment or portion of the 
prospective payment system payment amount associated with particular 
devices, drugs, or biologicals, and any pro rata reduction.
5. Inclusion in the Hospital Outpatient Prospective Payment System of 
Certain Implantable Items
    Section 201(e) of the BBRA 1999 amended section 1833(t)(1)(B) of 
the Act to include as covered hospital outpatient services implantable 
prosthetics, durable medical equipment (DME), diagnostic x-ray, 
laboratory, and other tests associated with those implantable items.
6. Payment Weights Based on Median or Mean Hospital Costs
    Section 201(f) of the BBRA 1999 amended section 1833(t)(2)(C) of 
the Act, which specifies data requirements for establishing relative 
payment weights, to allow the Secretary the discretion to base the 
weights on either the median or mean hospital costs determined by data 
from the most recent available cost reports.
7. Limitation on Variation of Costs of Services Classified Within a 
Group
    Section 201(g) of the BBRA 1999 amended section 1833(t)(2) of the 
Act to limit the variation of costs of services within each payment 
classification group by providing that the highest median cost (or mean 
cost, if elected by the Secretary) for an item or service within the 
group cannot be more than 2 times greater than the lowest median (or 
mean) cost for an item or service within the group. The provision 
allows the Secretary to make exceptions in unusual cases, such as for 
low volume items and services.
8. Annual Review of the Hospital Outpatient Prospective Payment System 
Components
    Section 201(h) of the BBRA 1999 amended redesignated section 
1833(t)(8) of the Act to require at least an annual review of the 
payment groups, relative payment weights, and the wage and other 
adjustments made by the Secretary to take into account changes in 
medical practice, the addition of new services, new cost data, and 
other relevant information and factors. Section 201(h)(2) provides that 
the first annual review must be conducted in 2001 for application in 
2002. The section was further amended to require the Secretary to 
consult with an expert outside advisory panel composed of an 
appropriate selection of provider representatives who will review the 
clinical integrity of the groups and weights and advise the Secretary 
accordingly. The panel may use data other than those collected or 
developed by the Department of Health and Human Services (HHS) for 
review and advisory purposes.
9. Coinsurance Not Affected by Pass-Throughs
    Section 201(i) of the BBRA 1999 amended redesignated section 
1833(t)(7) of the Act to provide that the beneficiary coinsurance 
amount will be calculated as if the outlier and transitional pass-
throughs had not occurred; that is, there will be no additional 
coinsurance collected from beneficiaries for the additional payments 
made to hospitals by Medicare for these adjustments.
10. Extension of Cost Reductions
    Section 201(k) of the BBRA 1999 amended section 1861(v)(1)(S)(ii) 
of the Act to extend, until the first date that the hospital outpatient 
prospective payment system is implemented, the 5.8 and 10 percent 
reductions for hospital operating and capital costs, respectively.
11. Clarification of Congressional Intent Regarding Base Amounts Used 
in Determining the Hospital Outpatient Prospective Payment System
    Section 201(l) of the BBRA 1999 provided that, "With respect to 
determining the amount of copayments described in paragraph (3)(A)(ii) 
of section 1833(t) of the Social Security Act, as added by section 
4523(a) of BBA, Congress finds that such amount should be determined 
without regard to such section, in a budget neutral manner with respect 
to aggregate payments to hospitals, and that the Secretary of Health 
and Human Services has the authority to determine such amount without 
regard to such section."
12. Transitional Corridors for Application of Outpatient Prospective 
Payment System
    Section 202 of the BBRA 1999 amended section 1833(t) of the Act by 
redesignating paragraphs (7) through (11) as paragraphs (8) through 
(12), respectively, and adding a new paragraph (7), which provides for 
a transitional adjustment to limit payment reductions under the 
hospital outpatient prospective payment system. More specifically, from 
the date the prospective payment system is implemented through 2003, a 
provider, including a CMHC, will receive an adjustment if its 
prospective payment system payments for outpatient services furnished 
during the year is less than a set percentage of its "pre-BBA" amount 
for that year. The pre-BBA amount is the product of the reasonable 
costs the hospital incurs for prospective payment system services 
during the year and the payment-to-cost ratio for covered prospective 
payment system services furnished during the cost report period ending 
during 1996. Two categories of hospitals, rural hospitals with 100 or 
fewer beds and cancer hospitals, will be held harmless under this 
provision. Small rural hospitals will be held harmless for services 
furnished before January 1, 2004. The hold-harmless provision applies 
permanently to cancer centers. Section 202 also requires the Secretary 
to make interim payments to affected hospitals subject to retrospective 
adjustments and requires that the provisions of this section do not 
affect beneficiary coinsurance. Finally, this provision is not subject 
to budget neutrality.
13. Limitation on Coinsurance for a Procedure
    Section 204 of the BBRA 1999 amended redesignated section 
1833(t)(8) of the Act to provide that the copayment amount for a 
procedure performed in a year cannot exceed the hospital inpatient 
deductible for that year.
14. Reclassification of Certain Hospitals
    Section 401 of the BBRA 1999 added section 1886(d)(8)(E) to the Act 
to permit reclassification of certain urban hospitals as rural 
hospitals for purposes of section 1886(d) of the Act. Section 401 added 
section 1833(t)(13) to the Act to provide that a hospital being treated 
as a rural hospital under section 1886(d)(8)(E) is also to be treated 
as a rural hospital under the hospital outpatient prospective payment 
system.
    A discussion of how each of these BBRA 1999 provisions was 
implemented in the April 7, 2000 final rule with comment period appears 
in section II of this preamble preceding our summary of the public 
comments received and our responses to those comments.

[[Page 67802]]

B. June 30, 2000 Notice of Delay of Effective Date for the April 7, 
2000 Final Rule With Comment Period

    On June 30, 2000, we published a notice in the Federal Register (65 
FR 40535) announcing a delay in the effective date of the April 7, 2000 
hospital outpatient prospective payment system final rule with comment 
period from July 1, 2000 to August 1, 2000. This delay was based on our 
determination that the appropriate claims processing changes could not 
feasibly be made to our computer systems and properly tested in time to 
ensure that proper payments would be made for Medicare hospital 
outpatient services under the new prospective payment system by the 
original July 1, 2000 effective date.

C. August 3, 2000 Interim Final Rule With Comment Period

    On August 3, 2000, we published an interim final rule with comment 
period in the Federal Register (65 FR 47670) that changed one criterion 
and postponed the effective date for two other criteria that a new 
device, drug, or biological must meet in order for its cost to be 
considered "not insignificant" for purposes of determining its 
eligibility for transitional pass-through payments from the hospital 
outpatient prospective payment system. It also changed the transitional 
pass-through payment policy to include new single use medical devices 
that come in contact with human tissue and are surgically implanted or 
inserted into patients, whether or not the devices remain with the 
patients following their release. These policies were a departure from 
those presented in the April 7, 2000 final rule with comment period.
    The August 3, 2000 rule also corrected a trigger date for 
grandfathering of provider-based FQHCs to conform with the intent not 
to disrupt existing FQHCs with longstanding provider-based treatment 
that we discussed in the April 7, 2000 rule. Under the criteria in the 
April 7, 2000 final rule with comment period, FQHCs would have been 
treated as departments of a provider without regard to the criteria for 
provider-based status if they continued to qualify as FQHCs and were 
designated as FQHCs before 1995. In accordance with the August 3, 2000 
interim final rule with comment period and this interim final rule with 
comment period, facilities that continue to qualify as FQHCs and were 
designated as FQHCs or "look-alikes" on or before April 7, 2000 would 
continue to be treated as provider-based facilities. In addition, we 
clarified how the requirement for prior notices to beneficiaries is to 
be applied in emergency situations. We also clarified the protocols for 
off-campus departments in emergency situations.
D. Summary of This Interim Final Rule With Comment Period
    In section II of this preamble, we--
     Respond to public comments received timely on the 14 BBRA 
1999 provisions that were included in the April 7, 2000 final rule with 
comment period. (We received numerous public comments on other aspects 
of the April 7, 2000 final rule with comment period that were not open 
for comment. We will not address those comments in this rule.)
     Respond to public comments on the August 3, 2000 interim 
final rule with comment period that revised the criteria for defining 
new or innovative medical devices, drugs, and biologicals eligible for 
pass-through payments and corrected the criteria for the grandfathering 
provision for certain FQHCs as provider-based.
    In section III of this preamble, we are updating, for services 
furnished during calendar year 2001, the wage index values and the 
conversion factor, and revising the APCs to reflect new codes for 2001 
effective January 1, 2001. As required under section 1833(t)(8)(A) of 
the Act, in 2001, we will begin our annual review process of the APC 
groups, relative weights, and the wage and other adjustments for the 
prospective payment systems payments that will become effective on 
January 1, 2002. The statute requires the Secretary to consult with an 
expert outside advisory panel composed of an appropriate selection of 
representatives of providers to review (and advise the Secretary 
concerning) the clinical integrity of the groups and weights. This 
provision allows these experts to use data other than those collected 
or developed by us during our review of the APC groups and weights.

II. Analysis of, and Responses to, Public Comments on the BBRA 1999 
Provisions and the August 3, 2000 Interim Final Rule With Comment 
Period

    We received a total of 747 pieces of timely correspondence 
containing public comments on the April 7, 2000 final rule with comment 
period. In addition to receiving comments from various organizations 
throughout the hospital industry, we also received comments from 
beneficiaries and their families, physicians, health care workers, 
individual hospitals, professional associations and societies, legal 
and nonlegal representatives and spokespersons for beneficiaries and 
hospitals, members of the Congress, and other interested citizens. The 
majority of the comments addressed the BBRA 1999 provisions relating to 
the limitation on variation of costs of services classified within a 
group, the transitional pass-through provision for devices, drugs, and 
biologicals, and the inclusion of implantable items.
    We received 13 comments in response to the August 3, 2000 interim 
final rule with comment period. These comments were submitted by major 
associations, drug and device manufacturers, providers, a private 
citizen, and a law firm. More than half of the comments addressed 
issues for which we did not solicit comments in the August 3, 2000 
interim final rule with comment period. Those comments specifically 
addressed payment policy and typographical errors present in the April 
7, 2000 final rule with comment period. The remaining commenters 
addressed the revisions to the criteria to define new or innovative 
medical devices, drugs, and biologicals eligible for pass-through 
payments and corrections to the criteria for the grandfathering 
provision for certain FQHCs. These commenters took issue with some of 
the provisions and raised additional concerns regarding our actions. A 
summary of the public comments and our responses to them appears 
following the discussion of the April 7, 2000 final rule with comment 
period.
    We have carefully reviewed and considered all comments received 
timely. The modifications that we are making in response to commenters' 
suggestions and recommendations are summarized in section III.A of this 
preamble and, as appropriate, reflected in the regulation text.

A. April 7, 2000 BBRA 1999 Provisions

    Below we discuss the implementation of the BBRA 1999 provisions 
addressed in the April 7, 2000 final rule with comment period and 
modified in the August 3, 2000 interim final rule with comment period, 
the public comments received on each provision, and our response to 
those comments.
1. Outlier Adjustment
    Section 1833(t)(5) of the Act, as added by section 201(a) of the 
BBRA 1999, required that the Secretary make an additional payment (that 
is, an outlier adjustment) for outpatient services for which a 
hospital's charges, adjusted to cost, exceed a fixed multiple of the 
sum of the outpatient prospective payment system payment and the 
transitional pass-through payments. The Secretary is

[[Page 67803]]

authorized to determine the amount of this fixed multiple and the 
percent of costs above the threshold that is to be paid under this 
outlier provision. Under the statute, projected outlier payments may 
not exceed an "applicable percentage" of projected total program 
payments. The applicable percentage means a percentage specified by the 
Secretary (projected percentage of outlier payments relative to total 
payments), subject to the following limits: For years before 2004, the 
projected percentage that the Secretary specifies cannot exceed 2.5 
percent; for 2004 and later, the projected percentage cannot exceed 3.0 
percent. Section 1833(t)(2)(E) of the Act requires that these payments 
be budget neutral.
    Section 1833(t)(5)(D) of the Act grants the Secretary authority 
until 2002 to identify outliers on a bill basis rather than on a 
specific service basis and to use an overall hospital cost-to-charge 
ratio (CCR) to calculate costs on the bill rather than using 
department-specific CCRs for each hospital.
    In the April 7, 2000 final rule with comment period, in accordance 
with the statute, we presented how the additional outlier payments are 
to be calculated.
    To set the threshold or fixed multiple and the payment percentage 
of costs above that multiple for which an outlier payment would be 
made, we first had to determine what specified percentage of total 
program payment, up to 2.5 percent, we should select. We decided to set 
the outlier target at 2.0 percent. In order to set the fixed multiple 
outlier threshold and payment percentage, we simulated the prospective 
payment system payments. We calibrated the threshold and the payment 
percentage applying an iterative process so that the simulated outlier 
payments were 2.5 percent of simulated total payments. For purposes of 
the simulation, we set a "target" of 2.5 percent (rather than 2.0 
percent), because we believed that a given set of numerical criteria 
would result in a higher percentage of outlier payments under the 
simulation using 1996 data than under the prospective payment system. 
This is because we believe that the 1996 data reflects undercoding of 
services, which means simulated total payments would likely be 
understated and, in turn, the percentage of outlier payments would be 
overstated. In addition, we were not able to fully estimate the amount 
and distribution of pass-through payments using the 1996 data. Our 
inability to make these estimates further understated the total 
payments under the simulation. We believe that a set of numerical 
criteria that results in simulated outlier payments of 2.5 percent 
using the 1996 data would result in outlier payments of 2.0 percent 
under the prospective payment system. The difference arises from the 
effect of undercoding in the historical data and the payment of pass-
throughs under prospective payment system. We set the outlier threshold 
at 2.5 times the prospective payment system payments.
    Comment: Several commenters asked us to clarify how series bills 
for services such as chemotherapy that are billed monthly for multiple 
sessions are treated in determining outlier payments. They also asked 
that we clarify how bills for multiple clinic visits on the same day 
are treated in calculating the outlier payment.
    Response: In accordance with section 1833(t)(5)(D) of the Act, 
until 2002, outliers will be determined on a bill basis rather than on 
a specific service basis. Therefore, the charges (converted to costs) 
associated with all services under the hospital outpatient prospective 
payment system reported on series bills or all payable multiple clinic 
visits billed on a single claim would be used to determine whether the 
outlier threshold is exceeded and to calculate the outlier payment.
    Comment: One commenter suggested that we prospectively adjust the 
conversion factor if we determine that the actual outlier expenditures 
are less than estimated in a given year.
    Response: Consistent with our outlier policies in other prospective 
payment systems, we will not adjust the conversion factor for a given 
year to account for an underestimation (or overestimation) of outlier 
payments in a previous year. The statute does not provide for such an 
adjustment to the conversion factor. We set outlier policies 
prospectively, using the best available data. Outlier payments, like 
many aspects of a prospective payment system, reflect estimates, and we 
believe it would be inappropriate to adjust the conversion factor 
(upward or downward) for a given year simply because an estimate for a 
previous year ultimately turned out to be inaccurate. If we 
underestimate or overestimate the percentage of outlier payments, the 
divergence of our estimate from actual experience might provide 
information that might help us improve estimates in the future, but it 
would have no direct effect on the conversion factor for any following 
year.
    Comment: One commenter urged us to provide additional information 
about the cost-to-charge ratios that will be used to determine whether 
a claim exceeds the outlier threshold for payment. The commenter stated 
that the preamble language on page 18498 of our April 7, 2000 final 
rule with comment period conflicts with statements contained in Program 
Memorandum Transmittal No. A-00-23 regarding which cost-to-charge ratio 
would be used to determine whether a claim meets the outlier threshold 
requirements for payment. According to the commenter, we stated in the 
final rule with comment period that we will use a hospital's overall 
cost-to-charge ratio to make this determination, but stated in the 
program memorandum that we will use an outpatient cost-to-charge ratio. 
The commenter asked us to clarify the conflicting statements.
    Response: On September 8, 2000, we issued Program Memorandum 

Transmittal No. A-00-63, titled "Cost-to-Charge Ratios (CCRs) for 
Calculating Certain Payments Under the Hospital Outpatient Prospective 
Payment System" which describes how we calculated the cost-to-charge 
ratios that are used to determine payments for outliers, interim 
transitional corridors, and device pass-throughs for calendar year 
2000. That program memorandum defined the cost-to-charge ratio that is 
used to calculate these payments as the overall hospital outpatient 
cost-to-charge ratio. This is consistent with what we stated in our 
April 7, 2000 final rule with comment period. The September program 
memorandum contains the latest and most complete information available 
on cost-to-charge ratio calculation for the hospital outpatient 
prospective payment system.
    Comment: One commenter assumed that we will use department level 
cost-to-charge ratios after 2002 to determine if a particular 
outpatient service qualifies for outlier payment. The commenter asked 
if we will use a "national cost-to-charge mapping procedure" to 
determine the appropriate department cost-to-charge ratios to use. The 
commenter expressed concern about the appropriateness of that approach 
because of the variability among providers in assigning costs to 
departments. For this reason, the commenter recommended, if we use a 
national cost-to-charge mapping procedure, we permit providers to 
request outlier payments if they can demonstrate that the actual 
department cost-to-charge ratio to which they assign costs for a 
service results in a cost calculation that meets the outlier threshold.
    Response: We plan to address this issue and seek comments on it in 
the rulemaking process for the annual update for 2002.
    Comment: One commenter urged us to publish annually the "cost 
reporting

[[Page 67804]]

year" used to determine the cost-to-charge ratios that will be used in 
determining outlier payments. The commenter also asked that we explain 
how we computed cost-to-charge ratios for hospitals that have merged or 
been acquired.
    Response: On September 8, 2000, we issued Program Memorandum 
Transmittal No. A-00-63 that describes the specific criteria we used 
and provides detailed instructions for calculating the cost-to-charge 
ratios for hospitals that have merged or been acquired. It also 
identifies the specific cost reporting year end that was used to 
calculate each provider's cost-to-charge ratio.
    Comment: One commenter asked that we lower the outlier threshold 
from 2.5 to 2.0. The commenter strongly recommended that we permanently 
retain the lowered threshold to ensure appropriate patient care and 
adequate provider reimbursement.
    Response: We oppose lowering the outlier threshold to 2.0. As 
discussed in our April 7, 2000 final rule with comment period, we set 
the outlier threshold at 2.5 by simulating total prospective payment 
system payments (using 1996 hospital outpatient data) and using an 
iterative process to calculate a threshold under which outlier payments 
are projected to equal 2.0 percent of total payments. If we lowered the 
threshold as the commenter suggests, then the projected percentage of 
outlier payments would increase and we would have to reduce the 
conversion factor correspondingly (thus reducing the payment for all 
non-outlier cases.)
2. Transitional Pass-Through for Additional Costs of Innovative Medical 
Devices, Drugs, and Biologicals
    Section 1833(t)(6) of the Act, as added by section 201(b) of the 
BBRA 1999, requires the Secretary to make additional payments to 
hospitals, outside the hospital outpatient prospective payment system 
for a period of 2 to 3 years for specific items. The items designated 
by the law are the following: Current orphan drugs, as designated under 
section 526 of the Federal Food, Drug, and Cosmetic Act; current drugs, 
biologic agents, and brachytherapy devices used for treatment of 
cancer; current radiopharmaceutical drugs and biological products; and 
new medical devices, drugs, and biologic agents, in instances where the 
item was not being paid as a hospital outpatient service as of December 
31, 1996, and where the cost of the item is "not insignificant" in 
relation to the hospital outpatient prospective payment system payment 
amount. In this context, "current" refers to those items for which 
hospital outpatient payment is being made on the first date the new 
prospective payment system is implemented.
    Section 1833(t)(6)(C)(i) of the Act sets the additional payment 
amounts for the drugs and biologicals as the amount by which the amount 
determined under section 1842(o) of the Act (95 percent of the average 
wholesale price (AWP)) exceeds the portion of the otherwise applicable 
hospital outpatient department fee schedule amount that the Secretary 
determines to be associated with the drug or biological. Section 
1833(t)(6)(C)(ii) of the Act provides that the additional payment for 
medical devices be the amount by which the hospital's charges for the 
device, adjusted to cost, exceed the portion of the otherwise 
applicable hospital outpatient department fee schedule amount 
determined by the Secretary to be associated with the device. Under 
section 1833(t)(6)(D), the total amount of pass-through payments for a 
given year cannot be projected to exceed an "applicable percentage" 
of total payments. For a year (or a portion of a year) before 2004, the 
applicable percentage is 2.5 percent; for 2004 and subsequent years, 
the applicable percentage is 2.0 percent. If the Secretary estimates 
that total pass-through payments would exceed the caps, the statute 
requires the Secretary to reduce the additional payments uniformly to 
ensure the ceiling is not exceeded.
    These pass-through payments must be made in a budget neutral 
manner. In addition, these additional payments do not affect the 
computation of the beneficiary coinsurance amount.
    In the April 7, 2000 final rule with comment period, we specified 
the types of items for which additional payments would be made; 
described the amount of the additional payments; announced that these 
payments would be limited to at least 2 years but not more than 3 
years; and announced a cap of the projected payment adjustments 
annually at 2.5 percent of the total projected payments for hospital 
outpatient services each year before 2004 and no more than 2.0 percent 
in subsequent years.
a. Definition of a Device
    Comment: Some commenters argued that we have adopted a very narrow 
definition of a device that restricts pass-through payments to 
prosthetic devices and excludes valuable new nonprosthetics from pass-
through consideration. They asserted that the definition of a device 
should mirror the definition set forth in the Federal Food, Drug, and 
Cosmetic Act. They agreed that such a definition should exclude capital 
equipment, reusable items, and incidental supplies. However, they 
argued that we should clarify and revise our definition of devices to 
those that are "implanted or inserted" and "remain with the patient 
after the patient is released from the hospital outpatient 
department."
    Response: The definition of a device under the Food, Drug, and 
Cosmetic Act is extremely broad. In summary, it refers to a device as 
an instrument, apparatus, implement, machine, contrivance, implant, in 
vitro reagent, or other similar or related article, including any 
component, part, or accessory, which is--
     Recognized in the official national formulary, or the U.S. 
Pharmacopeia, or any supplement to them;
     Intended for the use of the diagnosis of conditions other 
than diseases such as pregnancy;
     Intended to affect the structure or any function of the 
body of man or other animals; or
     Considered an in vitro diagnostic product, including those 
previously regulated as drugs, and which does not achieve any of its 
principal intended purposes through chemical action within or on the 
body of man or other animals and which is not dependent upon being 
metabolized for the achievement of any of its principal intended 
purposes.
    This definition is inappropriate for use in the context of the 
transitional pass-through payments for several reasons: It would 
include (as the commenters noted) items that are treated as supplies, 
reusable items, or capital equipment by Medicare payment systems, 
including the outpatient prospective payment system. It has a number of 
inappropriate elements, including reference to pharmaceuticals and to 
use in animals. Further, it is insufficiently specific for Medicare 

purposes, as it does not mention medical necessity or the test of 
whether the cost of a device is "not insignificant" relative to the 
associated APC.
    We have instead provided a definition of a device specific to the 
purposes of the transitional pass-through provision. This definition 
was presented in the preamble to the April 7, 2000 final rule with 
comment period and revised in the August 3, 2000 interim final rule 
with comment period, which added Sec. 413.43(e)(4).
    In the August 3, 2000 interim final rule with comment period, we 
revised the criteria that we had set forth in the

[[Page 67805]]

April 7, 2000 final rule with comment period to define a device. Among 
the changes included is a revision of the criterion relating to whether 
a device must remain with the patient. The new criterion 
(Sec. 419.43(e)(4)(iv)) includes devices that are surgically implanted 
or inserted in a patient "whether or not they remain with the patient 
when the patient is released from the hospital outpatient department." 
This change allows pass-through payments for devices that are 
surgically implanted or inserted even temporarily in a patient 
providing the devices meet all other requirements for pass-through 
payments. As a result, nonprosthetic devices, such as cardiac 
catheters, guidewires, or stents that commenters noted would be 
excluded, may be eligible for pass-through status.
    In Sec. 419.43(e)(4)(iv), we have retained the limitation to 
devices that are surgically implanted or inserted because we believe 
this offers the best interpretation of section 201(e) of the BBRA 1999, 
which indicates that implantable devices are to be included in the 
APCs. To further clarify how we interpret Sec. 419.43(e)(4)(iv), we 
consider that a device is surgically implanted or inserted if it is 
introduced into the human body through a surgically created incision. 
We do not consider an item used to cut or otherwise create a surgical 
opening to be a device that is surgically implanted or inserted. We 
consider items used to create incisions, such as scalpels, 
electrocautery units, biopsy apparatuses, or other commonly used 
operating room instruments, to be supplies or capital equipment, and 
hence, in accordance with Sec. 419.43(e)(4)(vi) or (vii), we consider 
these items not eligible for transitional pass-through payments. We 
believe the function of these items is different and distinct from that 
of devices that are used for surgical implantation or insertion. 
Generally, we would expect that surgical implantation or insertion of a 
device occurs after the surgeon uses certain primary tools, supplies, 
or instruments to create the surgical path or site for implanting the 
device.
    We have discovered some items that do not meet the requirement of 
being surgically implanted or inserted were erroneously approved for 
pass-through payments. Consequently, we will eliminate these items from 
the list of items eligible for pass-through payments, effective January 
1, 2001.
    Comment: One commenter claimed that it was inappropriate for us to 
change the definition of devices through letters to manufacturers. The 
commenter believed that this was done outside the rulemaking process.
    Response: We did not make a change to our policy through a letter. 
As we began to evaluate the hundreds of applications for approval of 
numerous devices, it was apparent that our definition for new medical 
devices as published in our April 7, 2000 final rule with comment 
period would have resulted in denials for items that we believe might 
warrant pass-through payments. Examples of such potential denials are 
many types of general and specialty catheters. Based on our experience 
in reviewing these applications, we decided to change three of the 
eight specific criteria that a new device must meet in order to be 
eligible for pass-through payments. We published these changes in our 
August 3, 2000 interim final rule with comment period.
b. Eligibility Criteria
    Comment: Some commenters believed that we should accept and process 
applications for items while they are undergoing the FDA review 
process.
    Response: We have accepted and begun processing all applications, 
including those for which items are pending FDA approval or clearance. 
However, in those instances where the FDA approval or clearance 
documentation is missing, the application is considered incomplete. In 
order for an item to be eligible for transitional pass-through 
payments, it must have been approved or cleared by the FDA for 
marketing. We will not make a final determination on any applications 
that are pending FDA approval or clearance until all the required 
documentation is submitted. Resources permitting, we will commence 
preliminary processing of the applications when received. The applying 
party is responsible for providing us with proper evidence of FDA 
approval or clearance for any item, once approval or clearance has been 
obtained. Once we receive documentation of FDA approval or clearance 
and determine the item is determined to be eligible for transitional 
pass-through payments, payment for the item will commence at the start 
of the next quarterly update of pass-through items.
    Comment: Some commenters asked that we clarify that items must meet 
Medicare coverage requirements in order to qualify for pass-through 
status.
    Response: As stated in both our April 7, 2000 final rule with 
comment period and our August 3, 2000 interim final rule with comment, 
items that qualify for pass-through payments must be covered by 
Medicare. They must have been determined to be reasonable and necessary 
for the diagnosis or treatment of an illness or injury or to improve 
the functioning of a malformed body part, as required by section 
1862(a)(1)(A) of the Act. (See Sec. 419.43(e)(4)(iii).)
c. Investigational Device Exemption (IDE) Devices
    Comment: Some commenters recommended that we automatically define 
as "new" any device that receives an investigational device exemption 
(IDE) from the FDA, with a Category B designation. They believed that 
we should pay for IDE devices through the pass-through payment 
methodology rather than limit the payment to no more than what is 
currently paid for an equivalent device.
    Response: As stated in our August 3, 2000 interim final rule with 
comment period, we have changed the payment methodology for eligible 
IDE Category B devices so that they will be paid using the transitional 
pass-through methodology. Since these noninvestigational devices are 
required to meet the same eligibility criteria as other devices, we 
determined that they should be paid in a similar manner. However, we do 
not accept the commenter's recommendation that all IDE Category B 
devices "automatically" be considered as new. The statute defines 
"new" medical device on the basis of a date certain (that is, payment 
for the device was not being made as an hospital outpatient service as 
of December 31, 1996) rather than based on a class of devices (such as 
IDEs).
d. Removing Cost of Predicate Item
    Comment: Some commenters stated that we did not have adequate data 
to ensure appropriate removal of the costs for predecessor items 
(particularly radiopharmaceuticals and devices) from their relevant 
APCs. They advocated that we reevaluate this provision as soon as 
possible after implementation of our new system and make necessary 
changes.
    Response: We will be continuously evaluating our data to remove the 
costs of predecessor items from the pass-through payments. As of 
January 1, 2001, a specific dollar amount will be deducted from 
selected devices (see explanation below). Over time, such deductions 
will be made, as we are able to make appropriate estimates from the 
data.
e. Excluded Costs
    Comment: A number of commenters stated that the APC construction 
excluded costs for implantable devices billed with revenue codes 274, 
275 and 278. The commenters recommended

[[Page 67806]]

that implantable devices associated with these revenue codes be 
included on the pass-through list until data is collected to adequately 
reflect the cost of such devices. In addition to claims that revenue 
codes 274, 275 and 278 were not represented in the data, some 
commenters alleged that implant procedures were infrequently performed 
on an outpatient basis prior to 1997 and therefore the costs associated 
with them were not represented in the data used to develop the APC 
rates. Some commenters recommended, on that basis, that all implantable 
devices be included for pass-through payment regardless of FDA approval 
dates.
    Response: Following enactment of the BBRA of 1999, we did not have 
sufficient time to re-run our data to package the costs of implantable 
device revenue centers into the APC weights and still be able to 
publish a final rule in time to implement the prospective payment 
system by July 1, 2000.
    As of January 1, 2001, the APC rates will reflect the inclusion of 
revenue codes 274, 275 and 278. While the aggregate amount of these 
revenue centers is small (0.3 percent of total charges in 1996), the 
costs of certain procedures such as implantation of cardiac pacemakers 
did increase substantially. As detailed in section III.B.1 of this 
interim final rule, some APC groups were modified because of the 
inclusion of these revenue centers, and rates for some procedures will 
increase to reflect these costs. A reduction in an amount equal to the 
increase in the APC rates will be deducted from the relevant devices 
that are either eligible for pass-through payments or that can be 
billed for additional payment through the new technology APCs.
f. Effect on Conversion Factor
    Comment: Some commenters believed that lowering the outpatient 
prospective payment system conversion factor to reflect the 2.5 percent 
transitional pass-through adjustment could affect hospitals' financial 
health. They asserted that any risks to the financial health of 
hospitals resulting from reducing the conversion factor should be 
balanced against any benefits that would be gained from higher payments 
for new drugs and devices. Another commenter advocated that we increase 
the conversion factor if we find that the transitional pass-through 
payments do not comprise 2.5 percent of the total outpatient 
prospective payment system payments.
    Response: Section 1833(t)(2)(E), as amended by section 201(c) of 
the BBRA 1999, requires that transitional pass-through payments be 
implemented in a budget neutral manner. We set prospective payment 
system rates prospectively and, consistent with our policies in other 
aspects of the prospective payment system, we will not adjust (upward 
or downward) the conversion factor for a given year to account for the 
difference between 2.5 percent and the actual percentage of pass-
through payments in a previous year.
g. Cost Significance Tests
    Comment: Some commenters asserted that we could preclude some 
worthwhile technologies from achieving pass-through status if we set 
the "not insignificant" cost threshold at 25 percent of the APC 
payment rate for the relevant procedure with which it is used. They 
contend that technologies associated with higher payment APCs would be 
more likely to be disqualified.
    Response: We have lowered the cost threshold from 25 percent to 10 
percent of the applicable fee schedule amount for the service 
associated with the item. This change is effective for services 
furnished on or after August 1, 2000.
    Comment: A hospital association asked that we clarify how the "not 
insignificant" criteria will be applied when a new device, drug, or 
biological is associated with more than one APC. The commenter stated 
that, under the current provisions of the rule, an item could be 
determined to be eligible for pass-through payment when used in 
performing a procedure in one APC, but not another. The commenter 
suggested that an item that meets the criteria for one APC be treated 
as a pass-through item for all APCs in which it is used.
    Response: We agree with the stated approach. This has been the 
policy that we have applied in processing applications.
    Comment: One manufacturer stated that we did not make information 
available on the "not insignificant" rule in sufficient time for 
applicants to take the criteria into account in preparing applications 
for payment effective August 1, 2000. The commenter alleged that the 
term "not insignificant" can be interpreted widely and caused 
manufacturers not to apply for all potentially eligible pass-through 
items. The commenter recommended that we review applications submitted 
for the following HCPCS codes to be certain that they meet the 
published cost criteria and remove them from the pass-through list if 
they do not. The commenter also advocated that we allow other 
manufacturers to submit applications retroactive to July 1, 2000, to 
assure that we are not promoting a competitive disadvantage for some 
companies.

HCPCS Codes

C1029
C1034
C1061
C1072
C1073
C1074
C1100
C1101
C1155

    Response: In order for a device to be included on the pass-through 
list, it must meet the criteria for transitional pass-through payments. 
These criteria include a test of whether the cost of a device is "not 
insignificant" relative to the payment for the associated APC. This 
test was first put forth in the April 7, 2000 final rule with comment 
period, and subsequently revised in the August 3, 2000 interim final 
rule with comment period. All the devices denoted by the HCPCS codes 
listed above were tested and met the 10-percent "not insignificant" 
test as well as the other applicable criteria. The "not 
insignificant" test was applied uniformly to all applications that had 
been received timely. We believe that permitting retroactive 
applications is unwarranted (and would be inconsistent with principles 
of prospectivity); moreover, resource and systems constraints would 
make it infeasible to give retroactive effect to determinations of 
eligibility for pass-through payments.
h. Brand-Specific Versus Categorization Approaches
    Comment: Many commenters criticized us for implementing a brand-
specific approach to items on the pass-through list. Device 
manufacturers in particular recommended a category scheme to classify 
pass-through devices. Representatives of the device industry also 
offered to assist us in creating the categories. They argued that a 
category system would allow devices to be added immediately upon FDA 
approval. They stated that under a category approach manufacturers 
would only approach us to obtain new pass-through categories and codes 
when items reflect a technological advance and are significantly more 
costly than existing payment amounts.
    Response: We adopted a trade-name specific approach for several 
reasons. First, such an approach provides better information. Codes 
that are largely item-specific allow us to track what procedures the 
items are used with and costs of the items. When the pass-through 
payments for an item ends, we would expect to have good information

[[Page 67807]]

for assigning it to relevant APCs and ensuring appropriate payment for 
these APCs. Adopting a scheme with a significant degree of 
categorization would require use of averages in making assignments and 
setting payment rates. Decisions based on these more limited data would 
be likely to lead to intensified concerns about the appropriateness of 
APC assignment and payment.
    Second, this approach permits finer discrimination in eligibility 
decisions. An item-by-item approach allows us to be sure individual 
items in fact meet the criteria for eligibility. Of major concern in 
this instance is whether a device is "new" using the standard of the 
statute. Section 1833(t)(6)(A) of the Act limits transitional pass-
through payment to those devices for which "* * * payment for the 
device * * * as an outpatient hospital service under this part was not 
being made as of December 31, 1996." Adopting categories would in some 
cases mix "old" and "new" devices. In these instances, either some 
old devices would get special treatment that they would not be eligible 
for if they were examined on an item-specific basis, or an entire 
category could be considered old, thus depriving some new devices from 
special treatment they would be eligible for if they were examined on 
an item-specific basis.
    Third, an item-specific scheme avoids issues associated with the 
design of categories needed for purposes of transitional pass-through 
payments. It largely avoids concerns about what items should be in what 
category or whether new categories should be created to accommodate 
items that may appear to be little different from those in existing 
categories.
    Fourth, an item-specific approach allows us to assure that a newly 
arriving device can obtain the full period of pass-through status it is 
arguably eligible for under the statute. A categorization approach 
would likely lead to latecomers being eligible for pass-through 
payments for a shorter period. Insofar as revision to APC payment rates 
reflected the costs of items in the category by the time the category 
was terminated, the shorter period would be of little consequence. 
However, if the costs of the late-coming item were significantly 
higher, this procedure could appear objectionable. A solution in this 
case would be to create a new code, which could be specific to that 
item, thus departing from a categorization approach.
    We recognize that a category approach would lessen concerns about 
competitive disadvantages that may have been inadvertently created by 
an item specific approach and about access to specific items by 
hospitals and their patients. However, we found no satisfactory way of 
establishing categories that would not run into difficulty regarding 
the test of whether a device is "new" as described above. 
Consequently, we are making no change in our approach.
    Comment: Many commenters argued that competitive advantages have 
resulted and will continue to result from using a brand-specific 
approach to implementing transitional pass-through payments for 
devices. Some commenters alleged that our use of the FDA approval date 
as a proxy for determining payment in concert with the brand-specific 
approach causes further competitive disadvantages. Some hospitals 
claimed that the brand-specific approach would create winners and 
losers if a device that one hospital uses obtains pass-through status, 
but one that another hospital uses does not. A number of commenters 
asserted that a category approach would decrease the administrative 
burden on hospitals, manufacturers, and us that a brand-specific 
approach for application and approval of new devices now incurs.
    Response: It was never our intent to competitively disadvantage 
anyone or any product. To the maximum extent possible, given the 
limitations under the BBRA 1999 and our resource constraints, we have 
worked closely with the pharmaceutical and medical device industries to 
identify and resolve such issues. By October 1, 2000, we had determined 
that more than 700 devices are eligible for pass-through payments. 
Therefore, we believe that hospitals will receive additional payments 
for many of the devices they use.
i. Issues Pertaining to Specific Items
    Comment: A medical association advocated pass-through status for 
the following devices: new pacemakers, implantable cardioverter 
defibrillators, insertable loop recorders, electrophysiology catheters 
(ablation and diagnostic), intracardiac echocardiography ultrasound 
catheters, and advanced three-dimensional mapping system catheters.
    Response: All of these items are already on the pass-through list. 
For a complete list of items approved on the pass-through list, refer 
to Addendum B of this rule for short descriptions of the items. Refer 
to Program Memoranda Transmittals Nos. 
A-00-42, 
A-00-61 and 
A-00-72 for 
the long descriptors for each of the C-codes listed in Addendum B. We 
are developing an additional program memorandum that we expect to issue 
shortly. This additional program memorandum will contain a list of 
additional devices, drugs, and new technology services that will be 
effective January 1, 2001.
    Comment: Several device manufacturers alleged that the following 
devices were not included on the pass-through list:

PALMAZ Balloon-Expandable Stent
Corinthian IQ Biliary Stent
SMART Cordis Nitinol Stent
CARTO EP Navigation System Catheters
HYDROLYSER Catheter
Indigo Prostate Seeding Needle
Lioresal Intrathecal
SynchroMed and SynchroMed EL infusion pumps

    Response: All of these devices have been approved for pass-through 
payments and assigned C-codes. They have been assigned the following 
codes: the PALMAZ Balloon-Expandable Stent, C8522; Corinthian IQ 
Biliary Stent, C5004; SMART Cordis Nitinol Stent, C1372; CARTO EP 
Navigation System Catheters, C1047; HYDROLYSER Catheter, C1054; Indigo 
Prostate Seeding Needle, C1706; Lioresal Intrathecal, C9007, C9008, 
C9009, and C9010; SynchroMed and SynchroMed EL infusion pumps, C8505 
and C3800, respectively.
    Comment: Another device manufacturer claimed that the following 
devices were not included on the pass-through list:

Mitek Bone Anchors
Innovasive Bone Anchors
VAPR and VAPR Thermal T Electrode
Gynecare TVT Tension-Free Support for Incontinence System (TVT)
Gynecare Thermachoice Uterine Balloon Therapy System

    Response: Many of the items above have been approved for pass-
through status and assigned C-codes. The Mitek and Innovasive Bone 
Anchors have been assigned to C1109; VAPR and VAPR Thermal T Electrode, 
to C1323; TVT Single-Use Tension-Free Vaginal Tape, to C1370; and the 
Gynecare Thermachoice II Catheter, to C1056. However, some of the items 
included in the Gynecare TVT Tension-Free Support for Incontinence 
System and the Gynecare Thermachoice Uterine Balloon Therapy System did 
not meet the criteria for pass-through status and, therefore, are 
ineligible for additional payments. The eligible pass-through items are 
listed in Addendum B.
    Comment: A device manufacturer believed that we should have 
approved the Targis System, which provides prostatic microwave 
thermotherapy, for pass-through payments.
    Response: We assigned the prostatic microwave thermotherapy 
procedure to

[[Page 67808]]

a new technology APC, that is, APC 0980. In making this assignment, we 
took into account the costs associated with performing this procedure, 
including the cost of the Targis system. Therefore, we would not also 
make a pass-through payment for the system.
    Comment: A number of commenters contended that only 39 of the more 
than 70 eligible radiopharmaceuticals have been given pass-through 
status. They recommended that we approve the following 
radiopharmaceuticals for pass-through payments:

Strontium Sr 82 Rubidium Rb 82 Generator
Sodium Chromate Cr-51
Co 57 Cobaltous Chloride
Co 57 Cyanocobalamin
Ferrous Citrate Fe59
Fludeoxyglucose F 18
Intrinsic Factor Concentrate Capsules
In 111 Imciromab (Myoscint)
In 111 Labeled WBCs, Platelets
I 123 and I 131 Hippurate
Iodinated I 131 Albumin (I 131 Albumin)
Iodinated I 125 Albumin (I 125 Albumin)
Iothalamate Sodium I 125 Albumin (I125 Iothalamate)
Technetium Tc 99m Pertechnetate
Technetium Tc 99m Albumin Colloid
Technetium Tc 99m Lidofenin
Technetium Tc 99m Tebroxime
Technetium Tc 99m Nofetumomab (Verluma)
Technetium Tc 99m HMPAO labeled WBCs
Technetium Tc 99m Human Serum Albumin
Technetium Tc 99m Serum Albumin (Tc 99m HSA kit)
Xenon XE 127 Gas

    Response: While a number of radiopharmaceuticals are already on the 
pass-through list, we are unable to add some of the ones listed above 
because we do not have AWPs for them. The AWPs are the basis for 
payment for these items and without the AWPs we cannot approve them for 
pass-through payments. As soon as the AWPs are made available to us, we 
will complete our review to determine their pass-through status. If 
eligible, they will be added to the pass-through list during the 
appropriate quarterly update cycle.
    Comment: One commenter stated that our transitional pass-through 
policy for devices precludes pass-through eligibility for capital 
equipment and therefore does not provide a mechanism under our new 
system for recognizing the incremental costs associated with capital 
equipment. The commenter recommended that we recognize capital-
equipment costs through our new technology APCs.
    Response: Under our new outpatient prospective payment system, 
capital costs are not paid separately. Payment for these costs are 
included in the total APC payment amount for each procedure or medical 
visit and will be updated through our annual updating process. 
Therefore, the new technology APCs will not be used to make separate 
payments for capital related costs.
    Comment: A number of commenters claimed that we denied pass-through 
status for the contrast agents.
    Response: As clarified in our August 3, 2000 interim final rule 
with comment, contrast agents other than radiopharmaceuticals are 
considered supplies and are not eligible for pass-through payments. 
(See Sec. 419.43(e)(4)(vii).)
    Comment: A medical association claimed that we denied pass-through 
status requests for high dose rate brachytherapy. Another industry 
group alleged that many brachytherapy related items that manufacturers 
applied for were excluded from the pass-through list.
    Response: Since publishing our initial list of potentially eligible 
pass-through items to our website on March 9, 2000, we have added 38 
brachytherapy items to our pass-through list. High-dose rate 
brachytherapy will be eligible for pass-through payment effective for 
services furnished on or after January 1, 2001.
j. Pass-Through Applications Process
    Comment: Some commenters urged that we process transitional pass-
through applications in a more timely manner. A few other commenters 
believed that we should have chosen a date later than July 14, 2000 as 
the application deadline for the October 1, 2000 quarterly update for 
pass-through items.
    Response: We have committed considerable resources to process pass-
through applications in a timely manner. Since publication of our 
preliminary list of 149 potentially eligible pass-through items on our 
website on March 9, 2000, we have approved nearly 1000 additional items 
for pass-through payments. We have instituted a coding strategy that 
allows us to assign a temporary HCPCS code immediately to an eligible 
pass-through item if a national HCPCS code has not been assigned. We 
have committed to making quarterly updates to the pass-through list, a 
commitment that is unprecedented in Medicare's history. We have 
reviewed all applications timely submitted for each update cycle. 
Unfortunately, however, we have had to defer items with significantly 
unclear applications or for which sufficient information was not 
included to determine that the item meets the statutory criteria. We 
have endeavored to work closely with the applicants to obtain this 
information and respond timely to their questions.
    Regarding objections to setting a July 14, 2000 deadline for 
receipt of pass-through applications for the October 1 update, this 
deadline was established in order to evaluate the applications and make 
the necessary systems modifications in time for the October release to 
our fiscal intermediaries and standard systems maintainers.
    Comment: One commenter believed that we should update our 
transitional pass-through list more frequently than quarterly. Some 
other commenters were concerned that the quarterly updating process 
could potentially create systems problems for both HCFA and hospitals 
that would delay payments. They believed that such a delay would, in 
turn, create cash flow difficulties for hospitals. They urged that we 
develop contingency plans to address cash flow problems resulting from 
the transitional pass-through process.
    Response: Because of the complexity of our new system, we cannot 
institute systems changes more frequently than quarterly for pass-
through payments. While we believe that making quarterly updates to the 
pass-through list will present challenges both for HCFA and the 
hospital industry, we have not been advised that any hospital is 
experiencing cash flow problems attributable to the transitional pass-
through process.
    Comment: One commenter urged us to issue guidelines that detail the 
planned methodologies, data sources, and associated timelines for 
updating the pass-through list.
    Response: Since March 10, 2000, we have published information on 
our website which provides detailed instructions and deadlines for 
submitting transitional pass-through applications. These instructions 
have been revised as needed in order to clarify and update information 
and may be found on the following HCFA website: 
hcfa.gov/medlearn/refopps.
    Comment: One commenter claimed that our method and timing of 
assigning HCPCS codes to eligible transitional pass-through items would 
preclude Medicare beneficiaries from receiving appropriate treatment. 
The commenter also alleged that hospitals will not always be adequately 
reimbursed for their costs for such items and that they will have an 
incentive to switch to more invasive treatment options with higher 
costs.

[[Page 67809]]

    Response: We have expedited the process of assigning HCPCS codes to 
pass-through items. When an item is determined eligible for pass-
through status, a temporary HCPCS code is assigned immediately in order 
that hospitals may begin billing the item as soon as it is effective 
for payment.
    In addition, section 1833(t)(6)(C)(i) of the Act requires that the 
hospital's additional payment for drugs and biologicals be determined 
as the difference between the amount determined under section 1842(o) 
of the Act (95 percent of AWP) and the portion of the hospital 
outpatient department fee schedule amount determined by the Secretary 
to be associated with those items. For devices, the additional payment 
is the difference between the hospitals' charges adjusted to costs and 
the portion of the applicable hospital outpatient department fee 
schedule amount associated with the device. We believe that this 
payment method will appropriately reimburse hospitals for eligible 
pass-through items and that hospitals will act in a prudent manner and 
not compromise their patients' safety and care.
k. Payment for Pass-Through Items
    Comment: Several commenters questioned how payment would be made 
when a pass-through item is included on an outpatient claim. Another 
commenter stated that our April 7, 2000 final rule with comment period 
does not state the actual payment amount that will be made for each 
pass-through item, or provide a good reason for not updating drug and 
biological average wholesale prices quarterly, or pledge timely 
correction of payment amount errors. The latter commenter believed that 
we should make available the actual APC payment rates for pass-through 
items and institute quarterly pricing-updates for drug and biological 
APCs.
    Response: Transitional pass-through payments for devices are 
established by taking the hospital charges for each billed item (on an 
item-by-item basis), reducing them to cost by use of the hospital's 
cost-to-charge ratio, and subtracting an amount representing the device 
cost contained in the APC payments for procedures involving that 
device. Note that for services furnished prior to January 1, 2001, we 
have not subtracted an amount for the predicate device that is packaged 
in the relevant APC. However, we will implement this policy beginning 
with services furnished on or after January 1, 2001. These calculations 
are all done in the outpatient prospective payment system pricer. 
Because there are no predetermined APC payment rates for eligible pass-
through devices, we cannot publish them in the same manner as we 
publish the APC payment rates for other services.
    For drugs and biologicals, pass-through payments are determined 
based on 95 percent of the AWP for the eligible drug or biological. We 
described in our April 7, 2000 final rule (65 FR 18481) the process we 
used to subtract the cost of the eligible drug or biological contained 
in the APC payments for procedures involving that drug, 
radiopharmaceutical or biological. The year 2000 AWPs for pass-through 
drugs and biologicals on which payments are currently based will be 
updated annually at the beginning of the next quarter following 
publication of the updated values. Due to the complexity of our new 
system, we cannot update AWPs quarterly as requested.
    Comment: A number of commenters stated that the codes for drugs in 
Addendum K of our April 2000 final rule are specific to the dosage 
amount dispensed and asked what happens if the dosage dispensed to a 
patient is not equal to the amount associated with the eligible codes. 
The commenters requested additional information about how providers 
should account for these situations. They asked if we would allow 
providers to bill for the product amount associated with the container 
opened to treat the patient and round up to the nearest whole billing 
unit.
    Response: The APC payment amount for drugs and biologicals is 
established at the lowest dosage level for the specific drug or 
biological. If the dosage required in treating the patient exceeds the 
lowest level specified in the HCPCS code descriptor for the drug or 
biological, providers may bill the number of units necessary to treat 
the patient and round them up to the nearest unit. To determine the 
payment for the drug or biological, multiply the number of billed units 
by the APC payment amount.
    Comment: One commenter stated that the APC payment amount for 
Eptifibatide, a drug on the pass-through list, does not equal 95 
percent of the average wholesale price ($6.28 per 5-mg. service unit). 
The commenter claimed that the APC payment is 42 percent lower than 95 
percent of the AWP. The commenter asked that we correct the payment 
immediately.
    Response: The correct APC payment amount for Eptifibatide 
injection, 5 mg. is $12.57, of which $1.68 is the minimum unadjusted 
coinsurance.
    Comment: One commenter stated that the APC payment amount for 
Quadramet, a pass-through drug, is incorrect. The commenter claimed the 
AWP for this drug is $2,975 rather than $2,875, which the commenter 
believed is the basis for our APC payment amount. The commenter stated 
that the pass-through payment should be $942.08 instead of $910.42.
    Response: The correct APC payment amount for Quadramet is $942.09. 
Of this amount, $134.87 is the minimum unadjusted coinsurance.
    Comment: A commenter stated that the APC payment amount for 
Thyrogen, a pass-through drug, should be $494.00 rather than $404.18 
per vial.
    Response: The APC payment amount of $404.18 is for 0.9 mg. units of 
Thyrogen rather than 1.1 mg., which appears to be the standard vial 
dosage. However, because Thyrogen is not available in a vial dosage 
less than 1.1 mg., we are eliminating the APC payment for 0.9 mg. units 
(HCPCS code J3240) effective for outpatient prospective payment system 
services furnished on or after January 1, 2001. We have established a 
new code, C9108, for Thyrogen, 1.1 mg. with an APC payment amount of 
$494.00. This new code is effective for outpatient prospective payment 
system services furnished on or after January 1, 2001.
    Comment: A medical association acknowledged our short lead-time for 
implementing the transitional pass-through provision and urged that we 
hold a series of face-to-face meetings with physicians and suppliers to 
clarify and revise our pass-through policies.
    Response: Since publishing our April 7, 2000 final rule with 
comment period, we have met on numerous occasions with physicians and 
representatives of hospitals, pharmaceutical companies and device 
manufacturers. During these meetings, we have discussed our 
transitional pass-through policies and clarified information regarding 
the pass-through applications process.
    Comment: One commenter stated that the April 7, 2000 final rule 
with comment period requiring the submittal of applications for 
national HCPCS codes to bill eligible transitional pass-through was 
published after the application deadline had passed. The commenter 
alleged that some manufacturers obtained information about the pass-
through provisions prior to publication of the final rule, submitted 
their applications timely, and thus dominated the hospital outpatient 
market.
    Response: On March 9, 2000, we posted information on our website 
similar to that contained in the April 7, 2000 final rule with comment 
period about applying for national HCPCS codes for pass-through items. 
We also

[[Page 67810]]

discussed the coding deadline with representatives of the 
pharmaceutical and device manufacturers associations as well as with 
hospital industry representatives through conference calls, meetings, 
and e-mails. We note that the instructions and deadline for submitting 
applications for a national HCPCS code are well established and were 
published on HCFA's website (http://www.hcfa.gov/medicare/hcpcs.htm) 
more than a year prior to publication of our April 7, 2000 final rule 
with comment period. Subsequent to these publications, we adopted a new 
system for assigning codes exclusively for pass-through items to 
expedite their availability to the hospital industry and Medicare 

beneficiaries. Therefore, interested parties applying for pass-through 
status for items have not been required to obtain national HCPCS codes 
for these items unless they want to bill other payment systems in 
addition to the hospital outpatient prospective payment system.
l. Focus Medical Review
    Comment: One commenter asked that we clarify why we intend to 
conduct focused medical review of pass-through eligible drugs, 
biologicals and medical devices.
    Response: Our goal is to identify inappropriate billing for these 
services and to ensure that payment is not made for noncovered 
services.
3. Budget Neutrality Applied to New Adjustments
    In the April 7, 2000 final rule with comment period, in accordance 
with section 1833(t)(2)(E) of the Act, as amended by section 201(c) of 
the BBRA 1999, we made the outlier and transitional pass-through 
payment adjustments under section 1833(t)(5) and section 1833(t)(6) of 
the Act, respectively, budget neutral. We did not receive any public 
comments on this provision.
4. Limitation on Judicial Review
    In the April 7, 2000 final rule with comment period (65 FR 18503-
18504), in accordance with section 1833(t)(12) of the Act (as amended 
by section 201(d) of the BBRA 1999 and redesignated by section 202(a) 
of the BBRA 1999), we implemented the extension of the prohibition of 
administrative or judicial review to include the factors for 
determining outlier payments (that is, the fixed multiple, or a fixed 
dollar cutoff amount, the marginal cost of care, or applicable total 
payment percentage), and the factors used to determine additional 
payments for certain medical devices, drugs, and biologicals, the 
insignificant cost determination for these items, the duration of the 
additional payment or portion of the prospective payment system payment 
amount associated with particular devices, drugs, or biologicals, and 
any pro rata reduction.
    We did not receive any public comments on this provision.
5. Inclusion in the Hospital Outpatient Prospective Payment System of 
Certain Implantable Items
    In the April 7, 2000 final rule with comment period, we specified 
that section 1833(t)(1)(B) of the Act, as amended by section 201(e) of 
the BBRA 1999, provides that "covered OPD services" include 
implantable items described in section 1861(s)(3), (6), or (8) of the 
Act.
    The conference report accompanying the BBRA 1999, H.R. Rept. No. 
479, 106th Cong., 1st Sess. at 869-870, (1999), expresses the belief of 
the conferees that the current DMEPOS fee schedule is not appropriate 
for certain implantable medical items such as pacemakers, 
defibrillators, cardiac sensors, venous grafts, drug pumps, stents, 
neurostimulators, and orthopedic implants as well as items that come 
into contact with internal human tissue during invasive medical 
procedures, but are not permanently implanted. In the conference report 
agreement, the conferees state their intention that payment for these 
items be made through the hospital outpatient prospective payment 
system, regardless of how they might be classified on current HCFA fee 
schedules.
    In the April 7, 2000 final rule with comment period, we included 
the following in the list of items and services whose costs are 
included in hospital outpatient prospective payment rates: Prosthetic 
implants (other than dental) that replace all or part of an internal 
body organ (including colostomy bags and supplies directly related to 
colostomy care), and including replacement of these devices; 
implantable DME; and implantable items used in performing diagnostic x-
rays, diagnostic laboratory tests, and other diagnostic tests. In 
accordance with the BBRA 1999 provision, we require that an implantable 
item be classified to the group that includes the service to which the 
item relates. We indicated that we would continue to review the impact 
of packaging implantables in future updates. For more detailed 
information on this provision, refer to the April 7, 2000 final rule 
with comment period (65 FR 18443-18444).
    Comment: Two commenters (hospitals) expressed concern that the APC 
for the Cyberonics-NeuroCybernetic Prosthesis (NCP) System, an 
implantable device used to treat epilepsy patients with partial-onset 
seizures, will not adequately reimburse hospitals for the cost of the 
device and the implantation procedure cost. The hospitals recommended 
that HCFA create a separate APC group for the NCP System implantation.
    Response: The NCP System was approved for pass-through status 
effective for services furnished on or after August 1, 2000 (see 
Program Memorandum Transmittal No. A-00-42 issued on July 26, 2000). 
The two components of this system, the NeuroCybernetic Prosthesis 
Generator and the NeuroCybernetic Prosthesis Lead, will be paid based 
on the hospital's charges that are converted to cost using the 
hospital's assigned cost-to-charge ratio. These devices have been 
assigned to two separate pass-through APCs (1048 and 1306, 
respectively) and should be billed using HCPCS code C1048 for the 
generator and C1306 for each lead.
    Comment: Several commenters from physician practices and a device 
manufacturer raised concerns that the APC payment level for the 
Contigen Implant procedure is inadequate to cover the facility costs 
and the Contigen Implant supplies. According to the commenters, the APC 
reimbursement amount only covers the 2-3 Contigen Implant syringes used 
per procedure. The commenters recommended that we map the Contigen 
Implant procedure and the collagen skin test to higher paying 
completely new APCs, to more adequately reflect reasonable costs for 
syringes and skin tests used in the procedure, in addition to 
appropriate facility fees.
    Other commenters raised concerns that the separate APC 
reimbursement for the pre-Contigen Implant procedure testing is 
inadequate to reimburse for the reasonable cost of the supply. They 
recommended that we allow payment of Contigen Implant syringes 
according to the DMEPOS fee schedule.
    One commenter recommended that we create a special ancillary APC to 
cover Contigen Implant syringes and the collagen skin test.
    Response: While we understand the commenters' concerns, Contigen 
Implant syringes do not qualify for transitional pass-through status 
because they do not meet all of the device criteria set forth in 
Sec. 419.43(e)(4). Specifically, they are not items that are surgically 
implanted or inserted in a patient. However, both collagen implant

[[Page 67811]]

material and the collagen skin test are paid as APCs (that is, APCs 
6012 through 6016 and 343, respectively). We will examine data after 
the first year of billing under the prospective payment system to 
determine if we are adequately capturing the cost of performing these 
procedures.
    As stated in our April 7, 2000 final rule with comment period, we 
will initiate the annual review process for the various components of 
our system, including the APC groupings, in calendar year 2001 for 
services furnished on or after January 1, 2002. We expect to publish 
our proposed rule for 2002 in the spring of 2001.
    Comment: A device manufacturer inquired as to what will happen when 
devices are taken off the transitional pass-through list after 2 to 3 
years. The commenter stated that the additional expense of these 
implantable devices will require that HCFA reassign these CPT codes to 
an APC that is comparable clinically and in terms of resources used at 
the close of the transition period. If this does not occur, the 
commenter indicated that hospitals would be seriously underpaid for the 
use of these technologies and other technologies in similar 
circumstances.
    Response: As stated above, the BBRA 1999 allows for 2 to 3 years of 
transitional pass-through payments to be made for new devices, drugs, 
and biologicals. After the temporary payment period expires for any 
item, its cost will be packaged with the relative procedure code or 
medical visit and assigned to the APC group that is clinically related 
and comparable in resources used. Thus, the APC groupings, weights, and 
payments will be updated in a subsequent year to include costs 
associated with former pass-through items.
    Comment: A coalition of health care providers and insurers 
indicated that providers should be allowed to report all DME, 
orthotics, and prosthetic devices, both implantable and nonimplantable, 
on the UB-92 to the fiscal intermediary. The fiscal intermediary should 
be able to either pay for the item via the DMEPOS fee schedule or 
through the APC. This also would allow a tracking system for future 
ratesetting, and consolidate the billing into one claim. This would 
consolidate all charges on one bill per encounter, which simplifies 
processing and is consistent with other third party payer claims 
processing as well as Medicare inpatient claims processing.
    Response: Section 201(e) of the BBRA 1999 amended section 
1833(t)(1)(B) of the Act to require that covered outpatient prospective 
payment system services include implantable medical items, described in 
section 1861(s)(3), (6), or (8) of the Act. These items were formerly 
paid under the DMEPOS fee schedule. The statute is explicit in defining 
which DME items are payable under the hospital outpatient prospective 
payment system.
    Also, we cannot adopt the suggested billing changes for DME as the 
commenter suggested. All services that are billed through the fiscal 
intermediaries, whether they are paid under the hospital outpatient 
prospective payment system or DMEPOS, may be submitted on the UB-92 (or 
the equivalent electronic transaction). However, there are numerous, 
very exacting, specific criteria and rules that govern Medicare 
coverage and payment for nonimplantable DME and oxygen. The DME 
regional carriers are exclusively qualified to deal with these issues. 
Therefore, claims for nonimplantable DME and oxygen cannot be billed to 
the fiscal intermediaries. Instead, providers must continue to submit 
claims for nonimplantable DME and oxygen to the DME regional carriers 
using form HCFA-1500 (or the equivalent electronic transaction).
    It should be noted that if a health care provider submits an 
electronic claim for these services, the transaction must comply with 
the standards adopted by the Secretary in the August 17, 2000 final 
rule (65 FR 50312) Standards for Electronic Transactions. The 
compliance date of that rule is October 16, 2002.
    Comment: A device manufacturer expressed concern about how the new 
system will change the payment mechanism for cochlear implants. Under 
the DMEPOS fee schedule, payments were fixed and unrelated to hospital 
charges. Now, under the new system, hospitals must properly establish 
charges that, when multiplied by the ratio of cost to charges, provide 
an accurate reflection of cost. This manufacturer was concerned that 
they will have to collect data to determine the charges hospitals have 
set for these devices and the applicable ratio of cost to charges. They 
believe the charges may not have been set appropriately to be 
consistent with the ratio of cost to charges. If not, pass-through 
payments might be substantially less than the actual cost for these 
medical devices.
    This manufacturer indicated that it is working to obtain the 
required charge and cost report data from providers of cochlear implant 
procedures and will report back to us once it has these data. The 
manufacturer requested that we agree to work with them in setting any 
future update to the payment allowance recognizing the short timeframe 
available to collect the data.
    Response: We appreciate the commenter's offer to assist us in 
collecting cost and charge data on cochlear implants billed by 
hospitals. However, for purposes of making transitional pass-through 
payments for new medical devices such as cochlear implants, it is not 
necessary for manufacturers to obtain cost report data from hospitals 
to assist us in developing hospital-specific, cost-to-charge ratios to 
calculate these payments. We have already calculated these ratios and 
assigned them to providers. Each provider is responsible for accurately 
reporting its charges in order that we may calculate the appropriate 
payment for the pass-through device.
6. Payment Weights Based on Median or Mean Hospital Costs
    Section 1833(t)(2)(C) of the Act requires the Secretary to 
establish relative payment weights for covered hospital outpatient 
services. This section requires that the weights be developed using 
data on claims from 1996 and data from the most recent available 
hospital cost reports.
    As specified in the April 7, 2000 final rule with comment period 
(65 FR 18482), section 201(f) of the BBRA 1999 amended section 
1833(t)(2)(C) of the Act to authorize the Secretary to base the 
relative payments weights on median or mean hospital costs. In 
implementing the BBRA 1999 provision, we decided to adopt as final our 
previously proposed policy to base the relative payment weights on 
median (as opposed to mean) costs. We had already used median costs to 
reconstruct our database for the outpatient prospective payment system 
group weights and conversion factors in a proposed rule and we believe 
that this method is still valid, especially considering the time 
constraints for implementation of the BBRA 1999 provision. We indicated 
that, among other things, reconstructing our database to evaluate the 
impact of using mean costs after the BBRA 1999 was enacted would have 
delayed implementation of the hospital outpatient prospective payment 
system rule.
    Comment: A group of hospitals urged us to adopt a mean-based APC 
relative weight system to implement section 201(f) of the BBRA 1999, 
which authorizes, but does not require, the Secretary to use mean 
(rather than median) costs in determining the APC payment weights. The 
commenters contend that use of the geometric mean is standard in the 
industry as the basis

[[Page 67812]]

for calculating payment weights for prospective payment systems. They 
pointed out that the geometric mean is used because costs are not 
distributed "normally" (that is, there are no negative costs) and 
that for APCs that include low volume, high costs procedures, the 
geometric mean is preferable for adequately accounting for these costs. 
The commenters believed that our use of median costs also forced us to 
select an arbitrary value for relative weight 1.0, because finding the 
median of medians is meaningless. The commenters believed that, given 
the Congress' clarification in section 201(f) of the BBRA 1999, we 
should at least evaluate the impact of a mean-based system in our 
system review for 2001.
    Response: We plan to further evaluate the feasibility of using mean 
rather than median costs for calculating APC payment weights in future 
updates. In order to make a decision about whether we should change the 
basis we are using for determining payment weights, we have to analyze 
and rerun claims data and conduct extensive impact analyses to assess 
the impact such a change would have on different types of providers and 
different types of services.
7. Limitation on Variation of Costs of Services Classified Within a 
Group
    Section 1833(t)(2) of the Act was amended by section 201(g) of the 
BBRA 1999 to limit the variation in resource use among the procedures 
or services within an APC group. Specifically, section 1833(t)(2) of 
the Act provides that the items and services within a group cannot be 
considered comparable with respect to the use of resources if the 
highest cost item or service within a group is more than 2 times 
greater than the lowest cost item or service within the same group. The 
Secretary is to use either the mean or median cost of the item or 
service.
    Section 1833(t)(2) of the Act, as amended, also allows the 
Secretary to make exceptions to this limit on the variation of costs 
within each group in unusual cases such as low volume items and 
services, although we may not make such an exception in the case of a 
drug or biological that has been designated as an orphan drug under 
section 526 of the Federal Food, Drug, and Cosmetic Act.
    In the April 7, 2000 final rule with comment period, we elected to 
use the median cost because we have continued to set the relative 
payment weights for each APC based on median hospital costs. We 
modified the composition of the APC groups and then made additional 
changes to the APC in response to public comments on individual or 
serial APCs.
    In determining whether or not to accept changes recommended by 
commenters, we focused on five criteria that are fundamental to the 
definition of a group within the APC system. The decision to accept or 
decline a modification to an APC group was determined based on whether 
the change enhanced, detracted from, or had no effect on the integrity 
of an APC group within the context of the following five criteria:
     Resource homogeneity;
     Clinical homogeneity;
     Provider concentration;
     Frequency of services; and
     Minimal opportunity for upcoding and code fragmentation.
    For a full explanation of these criteria, refer to the April 7, 
2000 final rule with comment period (65 FR 18457).
    After we modified the composition of the APC groups based on the 
recommendations of commenters, we applied the median cost variation 
limit required by section 201(g) of the BBRA 1999 to the revised APC 
groups. As a result of our analysis of the array of median costs within 
the revised APC groups, we had to split some otherwise clinically 
homogeneous APC groups into smaller groups. We listed the APC groups 
that we had designated as exceptions to the "two times" requirement 
and our reasons for granting the exception. We based the exceptions on 
factors such as low procedure volume, suspect or incomplete cost data, 
concerns about inaccurate or incorrect coding, or compelling clinical 
arguments. We indicated that we would be examining the extent to which 
the APC reorganization due to the "two times" rule results in 
upcoding (refer to the April 7, 2000 final rule with comment period (65 
FR 18458-18475)).
    Comment: We received requests to examine 51 APCs that commenters 
alleged violated the "two times" rule.
    Response: We reevaluated the APCs listed below, upon which we 
received comments, and found that most of them did not warrant 
revision. We received no new information about these APC groups that 
would alter our previous decision. These APCs are identified below 
under numbers 1 and 2.
    Our review also revealed that a few APC groups did warrant revision 
and we have reconfigured these APCs accordingly. We have listed these 
APCs under number 3. In addition, our review identified some APCs that 
are additional exceptions to the "two times" requirement. These APC 
groups and our reasons for the exception are listed below under number 
4.
    In reviewing the APC groups for conformance to the "two times" 
requirement, we exempted from the analysis codes for unlisted services 
and procedures and those codes that represent less than 2 percent of 
the claims in the APC (our test for low volume).
    1. Taking into account the exemptions mentioned above, the 
following APC groups that we reviewed based on comments have not been 
reconfigured:

0005  Level II Needle Biopsy/Aspiration Except Bone Marrow
0076  Endoscopy Lower Airway
0088  Thrombectomy
0090  Level II Implantation/Removal/Revision of Pacemaker, AICD or 
Vascular Device
0111  Blood Product Exchange
0112  Extracorporeal Photopheresis
0121  Level I Tube changes and Repositioning
0143  Lower GI Endoscopy
0146  Level I Sigmoidoscopy
0149  Level II Anal/Rectal Procedure
0150  Level III Anal/Rectal Procedure
0151  Endoscopic Retrograde Cholangio-Pancreatography (ERCP)
0162  Level III Cystourethroscopy and other Genitourinary Procedures
0260  Level I Plain Film Except Teeth
0262  Plain Film of Teeth
0265  Level I Diagnostic Ultrasound Except Vascular
0268  Guidance Under Ultrasound
0269  Echocardiogram Except Transesophageal
0278  Diagnostic Urography
0280  Level II Diagnostic Angiography and Venography Except Extremity
0282  Level I Computerized Axial Tomography
0283  Level II Computerized Axial Tomography
0284  Magnetic Resonance Imaging
0286  Myocardial Scans
0290  Standard Non-Imaging Nuclear Medicine
0291  Level I Diagnostic Nuclear Medicine Excluding Myocardial Scans
0292  Level II Diagnostic Nuclear Medicine Excluding Myocardial Scans
0294  Level I Therapeutic Nuclear Medicine
0297  Level II Therapeutic Radiologic Procedures
0301  Level II Radiation Therapy
0303  Treatment Device Construction
0304  Level I Therapeutic Radiation Treatment Preparation
0305  Level II Therapeutic Radiation Treatment Preparation

    2. The following APC groups were listed in the April 7, 2000 final 
rule

[[Page 67813]]

with comment period as exceptions to the "two times" rule and our 
review found no factual basis for modifying our decision:

0030  Breast Reconstruction/Mastectomy
0264  Level II Miscellaneous Radiology Procedures
0274  Myelography
0279  Level I Diagnostic Angiography and Venography Except Extremity
0311  Radiation Physics Services
0371  Allergy Injections

    3. We have reconstructed the four APCs shown below as a result of 
adding the cost of certain devices used in performing procedures 
included in these APCs. We discuss this change in section III.B. of 
this preamble.

0080  Diagnostic Cardiac Catheterization
0081  Non-Coronary Angioplasty or Atherectomy
0082  Coronary Atherectomy
0083  Athrectomy

    4. Following are additional exceptions to the "two times" rule 
and our reasons for the exceptions. We are excepting these APCs from 
the "two times limit" on an interim basis, until we can review data 
from the first year of billing under the hospital outpatient 
prospective payment system.
    0142  Small Intestine Endoscopy: The codes in APC 0142 are 
clinically similar and should show a relative progression of cost with 
slight increases in complexity. This effect does not occur, presumably 
due to low volume (although exceeding our low volume threshold) or 
inconsistent coding. Splitting this APC into two, based on current 
data, would be unjustified.
    0145  Therapeutic Anoscopy: The costs of the codes in this APC are 
aberrant, with several of them exceeding the costs of more extensive 
procedures such as sigmoidoscopy and colonoscopy.
    0152  Percutaneous Biliary Endoscopic Procedures: The codes in this 
APC have so few occurrences that we cannot justify splitting the group. 
Several of the codes call for the use of devices such as stents that 
may be paid for separately.
    0161  Level II Cystourethroscopy and other Genitourinary 
Procedures: The costs of the codes in this APC are aberrant, with more 
comprehensive codes costing less than the base codes.
    0195  Level V Female Reproductive Procedures: This is a low volume 
APC, with aberrant cost data. In several instances, codes that are more 
comprehensive cost less than the related, simpler code.
    0296  Level I Therapeutic Radiologic Procedures: We believe the 
codes at the lower end of the median cost in this APC would be 
underpaid if we were to move them to a lower-paying APC.
    0300  Level I Radiation Therapy: We believe we would underpay codes 
at the lower end of median cost in this APC if we were to move them to 
a lower-paying APC.
    0312  Radioelement Applications: We believe the costs in this very 
low volume APC are aberrant. However, the group is completely coherent 
clinically. The radioactive elements related to these codes would 
receive separate payment.
    0313  Brachytherapy: We believe the costs in this very low volume 
APC are aberrant. The group is coherent clinically. The radioactive 
elements related to these codes would receive separate payment.
    0314  Hyperthermic Therapies: This APC has an extremely low volume, 
with aberrant costs.
8. Annual Review of the Components of the Hospital Outpatient 
Prospective Payment System
    In the April 7, 2000 final rule with comment period (65 FR 18501-
18502), we indicated that, in accordance with section 1833(t)(9) (as 
redesignated and revised by sections 201(h) and 202(a) of the BBRA 
1999), we would review and update annually, for implementation 
effective January 1 of each year, the APC groups, the relative payment 
weights, and the wage and other adjustments that are components of the 
hospital outpatient prospective payment system. In accordance with 
section 201(h)(2) of the BBRA 1999, an annual review process will begin 
in calendar year 2001 for the hospital outpatient prospective payments 
that would take effect for services furnished on or after January 1, 
2002. This review process will involve consultation with an expert 
advisory panel. We will provide notice of the formation of the expert 
advisory panel in the Federal Register. The expert outside advisory 
panel will review and make recommendations to us on the clinical 
integrity of the groups and weights and may use data other than those 
collected or developed by us for their review and advisory functions.
    We note that in section III of this preamble, we are updating the 
wage index values and the conversion factor under the hospital 
outpatient prospective payment system effective for calendar year 2001. 
We also are making appropriate changes to the APC groups to reflect 
additions and deletions of CPT codes and changes to a limited number of 
APCs to incorporate the cost of certain devices used in performing 
those procedures that were excluded from our initial ratesetting 
methodology.
    Comment: One commenter stated that the wage index for the 
Hattiesburg, Mississippi Metropolitan Statistical Area (MSA), .7306, 
was printed incorrectly in our April 7, 2000 final rule with comment 
period. The commenter stated that use of this value would result in an 
underpayment for that area. The commenter further stated that, "the 
appropriate wage index for the Hattiesburg, Mississippi MSA for the 
fiscal year 2000 is .7634." The commenter was concerned that we had 
previously acknowledged this error and promised to correct it via a 
program memorandum to fiscal intermediaries dated April 2000 
(Transmittal Number A-00-17), but had failed to do so in our April 7, 
2000 final rule with comment period.
    Response: We apologize for the confusion. The fiscal year 2000 
hospital inpatient prospective payment system wage index value for the 
Hattiesburg, Mississippi (MSA) was changed from .7306 to .7634 in 
accordance with section 153 of the BBRA 1999 that required us to 
include wage data from Wesley Medical Center in calculating the wage 
index for this MSA. On August 1, 2000, we published in the Federal 
Register an interim final rule with comment period (65 FR 47026) that 
included Hattiesburg's new hospital inpatient prospective payment 
system wage index. For services paid under the hospital outpatient 
prospective payment system, the new wage index value is effective for 
services furnished on or after August 1, 2000.
9. Copayment Amounts Not Affected by Pass-Throughs
    Section 1833(t) of the Act, as established by the BBA of 1997, 
includes a mechanism designed to achieve a beneficiary coinsurance 
level equal to 20 percent of the prospectively determined payment rate 
established for the service. In the April 7, 2000 final rule with 
comment period, we specified how a copayment amount is calculated 
annually for each APC group under the hospital outpatient prospective 
payment system.
    We also explained that sections 201(a) and (b) of the BBRA 1999 
amended section 1833(t) of the Act to provide for additional payments 
to hospitals for outlier cases and for certain medical devices, drugs, 
and biologicals and that these additional payments to hospitals will 
not affect copayment amounts. Redesignated section 1833(t)(8)(D) of the 
Act, as amended by section 201(i) of the BBRA 1999, provides that the 
copayment amount is to be computed as

[[Page 67814]]

if outlier adjustments, adjustments for certain medical devices, drugs, 
and biologicals, as well as any other adjustments we may establish 
under section 1833(t)(2)(E) of the Act, had not occurred.
    In addition, we specified that section 202 of the BBRA 1999 added a 
new section 1833(t)(7) to the Act to provide transitional corridor 
payments to certain hospitals through calendar year 2003 and 
indefinitely for certain cancer centers. Section 1833(t)(7)(H) of the 
Act provides that the transitional corridor payment provisions will 
have no effect on determining copayment amounts.
    We specified that copayment from beneficiaries will not be 
collected for the additional payments made to hospitals (outlier and 
transitional pass-throughs) by Medicare. Beneficiary copayment amounts 
will be calculated as if the outlier and transitional pass-throughs had 
not occurred (65 FR 18487-18488).
    When a drug or device pass-through payment is reduced by the 
otherwise applicable APC payment amount that is associated with the 
drug or device, it is only the portion of the payment that represents 
an additional pass-through payment that is not subject to copayment. 
The portion that does not represent an additional pass-through payment 
will be subject to copayment.
    We did not receive any public comments on this provision.
10. Extension of Cost Reductions
    In the April 7, 2000 final rule with comment period (65 FR 18439), 
we announced that, in accordance with section 1861(v)(1)(S)(ii) of the 
Act (as amended by section 201(k) of the BBRA 1999), the 5.8 and 10 
percent reductions for hospital operating and capital costs, 
respectively, would extend until the first date that the hospital 
outpatient prospective payment system is implemented (which was August 
1, 2000).
    We did not receive any public comments on this provision.
11. Clarification of Congressional Intent Regarding Base Amounts Used 
in Determining the Hospital Outpatient Prospective Payment System
    Section 201(l) of the BBRA 1999 provided that, "With respect to 
determining the amount of copayments described in paragraph (3)(A)(ii) 
of section 1833(t) of the Act, as added by section 4523(a) of BBA, 
Congress finds that such amount should be determined without regard to 
such section, in a budget neutral manner with respect to aggregate 
payments to hospitals, and that the Secretary of Health and Human 
Services has the authority to determine such amount without regard to 
such section." In accordance with this provision, in the April 7, 2000 
final rule with comment period (65 FR 18482-18493), we explained how we 
determined APC group weights, calculated an outpatient prospective 
payment system conversion factor, and determined national prospective 
payment rates, standardized for area wage variations, for the APC 
groups. We then explained how we calculated the aggregate hospital 
outpatient prospective payment to hospitals in a budget neutral manner 
and how we calculated beneficiary coinsurance amounts for each APC 
group.
    We did not receive any public comments on this provision.
12. Transitional Corridors for Application of Outpatient Prospective 
Payment System
    Section 1833(t)(7) of the Act, as added by section 202(a)(3) of the 
BBRA 1999, provides for payment adjustments during a transition period 
to limit the decline in payments under the outpatient prospective 
payment system for hospitals. These additional payments are to be 
implemented without regard to budget neutrality and are in effect 
through 2003.
    In the April 7, 2000 final rule with comment period (65 FR 18499-
18500), we specified that, from the date the prospective payment system 
is implemented through 2003, a provider, including a CMHC, will receive 
an adjustment if its prospective payment system payments for outpatient 
services furnished during the year is less than a set percentage of its 
pre-BBA amount for that year. The pre-BBA amount is the product of the 
reasonable cost the hospital incurs for prospective payment system 
services furnished during the year and the payment-to-cost ratio for 
covered prospective payment system services furnished during the cost 
reporting period ending in calendar year 1996. Additionally, we 
provided that small rural hospitals with 100 or fewer beds and cancer 
hospitals will be held harmless under this provision. Small rural 
hospitals will be held harmless for services furnished before January 
1, 2004. The hold-harmless provision applies permanently to cancer 
centers. We announced that we will make interim payments to the 
affected hospitals subject to retrospective adjustments and that these 
provisions do not affect beneficiary coinsurance. Finally, we specified 
that this provision is not subject to budget neutrality.
a. Interim Payment Versus Final Settlement
    Comment: One commenter recommended that we make retroactive 
payments to hospitals in those "situations where underpayments have 
been made between the prospective payment system payments as compared 
to the pre-prospective payment system amounts." Another commenter 
asked that we set forth the process that would be used to determine 
retroactive payment adjustments if the hospital's interim payments are 
higher or lower than its actual experience. The commenter further asks 
that we state whether the interim payments will be compared to 
outpatient payments shown on settled or audited cost reports.
    Response: Final transitional corridor payments are determined based 
on a provider's settled cost report. At the time the cost report is 
settled, the reasonable costs incurred by the provider to furnish 
outpatient prospective payment system services during the calendar year 
are known and that amount is then multiplied by the provider's 1996 
payment-to-cost ratio to calculate the pre-BBA amount. The pre-BBA 
amount for a calendar year is compared to the actual prospective 
payment system payments the provider received to determine whether the 
provider may be entitled to a transitional corridor payment. Although 
the final transitional corridor payment is based on a settled cost 
report, beginning in October 2000, we have been making monthly interim 
payments to providers based on estimates of what their transitional 
corridor payments should be based on the monthly bills the provider 
submits. The monthly payments are designed to maintain some additional 
cash flow to providers that may otherwise realize significant losses on 
services that are being paid under the prospective payment system.
b. Payment-to-Cost Ratios
    Comment: One commenter argued that our formula for calculating the 
base payment-to-cost ratio for the transitional corridor payments does 
not comport with the statutory requirements. The commenter stated that 
we define the denominator of the base payment-to-cost ratio to be 
"[the] reasonable cost of these services for the period, without 
applying the cost reductions under section 1861(v)(1)(S) of the Act." 
The commenter contends that the phrase "without applying the cost 
reductions under section 1861(v)(1)(S) of the Act" is not included in 
section 1833(t)(7)(F)(ii)(II) of the Act, as

[[Page 67815]]

amended by section 212 of the BBRA 1999. The commenter claimed that by 
defining the denominator in this manner, the payment-to-cost ratio is 
understated and transitional corridors payments to hospitals would be 
reduced. The commenter stated that such a reduction is contrary to 
Congressional intent and urged us to modify our base payment-to-cost 
denominator set forth in Sec. 419.70(f)(2)(ii) to exclude the phrase 
"without applying the cost reduction under section 1861(v)(1)(S) of 
the Act."
    Response: The phrase "without applying the cost reductions under 
section 1861(v)(1)(S) of the Act" was intended to make clear that a 
hospital's 1996 "reasonable costs" do not include the effects of the 
reductions in section 1861(v)(1)(S) of the Act. We did not mean to 
suggest that we were taking the hospital's 1996 "reasonable costs" 
and then adding back the reductions for purposes of determining the 
denominator of the base payment-to-cost ratio. We view the hospital's 
1996 reasonable costs as the unreduced amount; thus, the denominator of 
the hospital's base payment-to-cost ratio (1996 reasonable costs) does 
not reflect the reductions. We believe that our policy is consistent 
with the purpose of the transitional corridor provision. Under this 
policy, if a hospital incurs the same amount of costs during the 
transitional corridor as in 1996, then its pre-BBA amount (the amount 
that estimates what the hospital would have received in the current 
year if payments were calculated under the pre-prospective payment 
system) would be the same as the payments the hospital received in 
1996. Under the methodology suggested by the commenter, if a hospital 
incurs the same amount of costs during the transitional corridor as in 
1996, then its pre-BBA amount would be higher than the payments the 
hospital received in 1996. The language in Sec. 419.70(f)(2)(ii) as set 
forth in the April 7, 2000 final rule with comment period was intended 
to clarify, not revise, the definition of 1996 reasonable costs, but we 
recognize that the phrase at issue may have inadvertently caused 
confusion to the extent it is redundant; accordingly, we are revising 
that section to remove the phrase.
    Comment: One commenter asked us to clarify the term "payment-to-
cost ratio" and the data that will be used to compute the ratio. 
Several commenters asked why we did not give the 1996 outpatient 
prospective payment system-specific amounts required to compute the 
payment-to-cost ratio and the methodology for calculating it.
    Response: The statutory definition of base "payment-to-cost 
ratio" is fairly straightforward. Under section 1833(t)(7)(F) of the 
Act, the base payment-to-cost ratio for a given hospital is the ratio 
of (1) the hospital's Medicare Part B reimbursement for covered OPD 
services for the cost reporting period ending during 1996, to (2) the 
hospital's reasonable costs for that period. We are in the process of 
developing program instructions for fiscal intermediaries (for 
notification to providers) to provide detailed information on how 
payment-to-cost ratios are calculated. These instructions will be made 
available as soon as possible.
    Comment: One hospital association recommended that we revise our 
regulations to explicitly state that we will adjust the provider's 1996 
payment-to-cost ratio "whenever subsequent developments occur that 
affect the data used in the calculation." The commenter cited final 
audit adjustments and appeal determinations as examples of adjustments 
that would warrant changing the 1996 cost data used to calculate the 
provider's payment-to-cost ratio. The commenter stated that this policy 
is consistent with similar adjustments made under the prospective 
payment systems for both inpatient operating and capital-related costs.
    Response: We agree with the commenter. In the event final audit 
adjustments or appeals result in a change in outpatient costs or 
payments for the provider's 1996 cost report, the provider's payment-
to-cost ratio would be recalculated.
    Comment: One commenter asked for clarification on the treatment of 
direct graduate medical education costs and education costs for nursing 
and allied health programs in calculating the payment-to-cost ratio. 
The commenter assumed that such costs are excluded from the pre-BBA 
amount because they will continue to be paid on a cost pass-through 
basis.
    Response: The commenter is correct that direct graduate medical 
education costs and certain costs of nursing and allied health programs 
are paid on a cost pass-through basis and will not be included in 
calculating a provider's pre-BBA amount.
    Comment: One commenter asked that we explain our reasons for basing 
the transitional corridor interim payments on a 0.8 payment-to-cost 
ratio. The commenter suggested that a provider be allowed to modify its 
interim transitional corridor payment if it can show that its payment-
to-cost ratio is higher or lower than the 0.8 level.
    Several commenters questioned why we chose to use a standard 0.8 
payment-to-cost ratio for all providers in calculating the interim 
payment if provider-specific payment-to-cost ratios were available. 
They stated that 9 of the 10 cancer centers have payment-to-cost ratios 
that exceed 0.8.
    Response: The standard payment-to-cost ratio of 80 percent is an 
average value that we calculated for payment-to-cost ratios across all 
hospitals. We decided to use 80 percent for all providers to permit us 
to make interim payments as soon as possible following the 
implementation of the outpatient prospective payment system. If we had 
attempted to calculate individual payment-to-cost ratios for all 
providers, it would have delayed, perhaps for several months, the 
introduction of interim payments. Final transitional corridor payments 
will be calculated using each provider's payment-to-cost ratio for the 
relevant year at the time of settlement of the cost report. In the 
future, as we gain more experience with interim payments, we will 
consider permitting modification of payment-to-cost ratios to reflect 
particular circumstances.
c. Cost-to-Charge Ratios
    Comment: One commenter stated that the April 7, 2000 final rule 
with comment period did not explain how the transitional corridor 
payments would be implemented for the 10 cancer hospitals. The 
commenter noted that while Program Memorandum Transmittal No. A-00-23 
issued by us on April 7, 2000, does describe how these payments are to 
be calculated it does not clarify how we derived the hospital-specific 
cost-to-charge ratios used to compute the transitional corridor 
payments.
    Several commenters representing the 10 cancer centers stated that 
the cost-to-charge ratios for their centers that will be used in 
calculating their transitional corridor, outlier, and transitional 
pass-through payments are significantly lower than their estimates. 
They requested that we explain how we determined their ratios and 
comment on the appropriateness of our methodology. They also asked that 
we respond to a number of specific questions to allow hospitals to 
determine whether the cost-to-charge ratios accurately reflect the 
hospital's cost and provide a fair base for calculating their 
transitional corridor payments.
    Response: On September 8, 2000, we issued a Program Memorandum 

Transmittal No. A-00-63, which provides a detailed explanation of how 
hospital cost-to-charge ratios were

[[Page 67816]]

calculated. This program memorandum is available on HCFA's internet 
website at www.hcfa.gov/medicare/medicare.htm [Editor: or on IRP's website here].
d. Interim Payments Limited to 85 Percent of the Estimated Transitional 
Corridor Payment
    Comment: One commenter asked why we will only pay 85 percent of the 
estimated transitional corridor payment as an interim payment. Another 
commenter recommended that we reconsider our policy to pay providers 
only 85 percent of their transitional corridor payments on the interim 
basis. The commenter stated that our policy to withhold 15 percent of 
each provider's payment until the fiscal intermediary finalizes the 
provider's cost report is contrary to Congressional intent to preserve 
hospitals' cash flow and ensure them of an ability to provide 
outpatient services to beneficiaries, especially those in rural areas. 
Another commenter stated that retaining 15 percent of each provider's 
estimated transitional corridor payments until the provider's cost 
report is settled is contrary to Congressional intent and defers relief 
provided by statute for several years.
    Response: We limited the interim payment to less than 100 percent 
of the estimated payment in order to minimize the risk of overpayment. 
If interim payments exceed the final settled amounts, we would need to 
initiate recoupment procedures that place additional burden both on the 
agency and on providers. Eighty-five percent was chosen as a reasonable 
percentage that prudently balances the cash flow needs of some 
providers with concerns regarding possible difficulties in the recovery 
of overpayments. We have used comparable figures in other situations in 
which we make interim or advance payments. One example where we 
specified 85 percent for advance payments is in the contingency plan 
that we published to address the possibility that either our 
contractors or individual providers would be unable to process claims 
at the initiation of the outpatient prospective payment system. In the 
future, as cost reports are settled and we are able to determine how 
well interim transitional corridor payments relate to final 
transitional corridor payments, we will reevaluate this aspect of our 
interim payment policy.
e. Providers Having More Than One 1996 Cost Report
    Comment: Several commenters stated that we did not discuss in our 
final rule how we would calculate the 1996 payment-to-cost ratio in 
cases where a provider has more than one cost report that is less than 
12 full months during the fiscal year ending in 1996. The commenters 
asked which would be the appropriate cost report to use in calculating 
the transitional corridor payments. One commenter explained that this 
situation may occur if ownership changed during the provider's fiscal 
year ending in 1996.
    Response: The 1996 cost report that will be used to calculate a 
payment-to-cost ratio is the cost report period that ends in calendar 
year 1996. If a provider has two cost reports that end in 1996, we will 
make a decision about which cost report to use on a case-by-case basis, 
depending on which appeared to be the most representative of the 
provider's experience in 1996. For example, if one cost report covers a 
longer period, we would likely use that one.
f. Providers Having No 1996 Cost Report
    Comment: One commenter expressed concern about insufficient 
guidance from us about how transitional corridor payments would be 
determined for providers that did not file cost reports during 1996. 
The commenter believed that because the statute is silent on this 
issue, we have the discretion to develop such policy. The commenter 
strongly opposed any decisions by us to preclude providers without 1996 
cost reports from being eligible to receive transitional corridor 
payments.
    Another commenter requested that we treat new hospitals that did 
not file a 1996 cost report the same as rural hospitals. The commenter 
contended that the pre-BBA payment level for these hospitals should be 
based on the hospital's first full cost reporting period, and would be 
guaranteed at that level through December 31, 2003. Another commenter 
suggested as an option that we assign a regional average payment-to-
cost ratio for existing providers to providers without a 1996 cost 
report.
    Response: Under the statute, the amount of transitional payments to 
providers depends on the provider's reimbursement for the 1996 cost 
reporting period. We intend to monitor the adequacy of payments to 
providers not having a 1996 cost report, but we believe that a 
statutory change is required in order to provide transitional payments 
to providers that did not have a 1996 cost report.
g. Prospective Payment System Delay and Transitional Corridor Payments
    Comment: One commenter expressed concern about the potential effect 
of delaying implementation of the hospital outpatient prospective 
payment system on the duration of the transitional corridor payments as 
provided by law. The commenter stated that our decision to delay 
implementation of the prospective payment system for 1 month, from July 
1, 2000 to August 1, 2000, should not result in a 1-month loss of 
transitional corridor payments for providers. The commenter believed 
that the 3\1/2\ years of corridor payments required by law for non-
cancer hospitals paid under the outpatient prospective payment system 
should not be reduced due to delayed implementation of the prospective 
payment system. The commenter urged us to seek a legislative change if 
we determine the 3\1/2\ year period for transitional corridor payments 
must coincide with the first 3\1/2\ years of actual prospective payment 
system implementation.
    Response: For hospitals that do not qualify for the permanent hold-
harmless provision applicable to cancer hospitals, the statute provides 
for transitional corridor payments through the end of calendar year 
2003. We will monitor and evaluate prospective payment system payments 
and will consider whether it would be appropriate to recommend that 
Congress legislate an extension of transitional corridor payments.
h. Rural Hold-Harmless Provision
    Comment: One commenter suggested that we reevaluate the definition 
of rural outpatient hospitals eligible for the hold-harmless provision 
and consider including rural hospitals that have 100 to 200 beds, "but 
whose outpatient volumes are not sufficient to maintain the facilities' 
finances."
    Response: The bed size for hospitals to qualify for the rural 
hospital hold-harmless provision is limited by statute, under section 
1833(t)(7)(D)(i) of the Act, to hospitals that have no more than 100 
beds.
    Comment: One commenter stated that on page 18501 of the April 7, 
2000 final rule with comment period, we state that bed size under the 
rural hospital hold-harmless provision will be determined in the same 
manner as it is for the hospital inpatient prospective payment system 
indirect medical education adjustment. The commenter contended that we 
have not provided these instructions to fiscal intermediaries. The 
commenter questioned whether the fiscal intermediaries are using the 
number of beds reported on the hospital cost reports to determine the 
bed size. Still another commenter stated that we failed to specify how 
beds are to be counted under the hospital outpatient prospective 
payment system. The commenter further stated that our impact analysis 
published in the April 7, 2000 final rule with comment period

[[Page 67817]]

suggests that available bed counts shown on the HCFA-2552 cost report 
S-3 Worksheet are used to determine if a hospital has 100 or fewer beds 
to qualify for the rural hold-harmless transitional corridor payment 
provision. The commenter urged us to clarify this issue.
    Response: In Program Memorandum Transmittal No. A-00-23, later 
revised in June 2000 as Program Memorandum Transmittal No. A-00-36, we 
provided instructions to fiscal intermediaries concerning how to 
calculate interim transitional corridor payments. As indicated in the 
April 7, 2000 final rule with comment period, the bed size used for 
transitional corridor payments will be the same bed size defined in and 
used to calculate indirect medical education costs and disproportionate 
share adjustments under the hospital inpatient prospective payment 
system. Fiscal intermediaries are instructed to obtain certain 
provider-specific information needed to make the calculation from the 
outpatient provider-specific file that they maintain. Certain items on 
the outpatient provider-specific file, including bed size, are taken 
directly from the provider file used in processing inpatient claims.
    Comment: One commenter urged that we revise policy for determining 
bed size for purposes of defining rural providers eligible for the 
hold-harmless provision. The commenter advocated that we adjust a 
provider's count of acute inpatient days to account for observation 
patients occupying acute inpatient beds.
    Response: The commenter did not provide a rationale for their 
recommendation. We believe that it is appropriate to adopt a policy for 
purposes of the outpatient prospective payment system that is 
consistent with the policy for purposes of the inpatient prospective 
payment system; therefore, we are not making a change at this time.
    Comment: A commenter specifically asked that, for purposes of 
determining bed size for rural providers, we clarify what year is used 
to determine bed size. The commenter also asked what our policy is 
regarding providers that changed their inpatient capacity prior to July 
1, 2000, and those that may change this capacity during the 3\1/2\ year 
transition period. The commenter suggested that we permit hospitals to 
downsize capacity without affecting their eligibility for hold-harmless 
status.
    Response: Under Sec. 412.105(b), to determine bed size for the 
rural hold-harmless provision, we calculated bed size on the basis of 
the provider's cost reporting period. A rural hospital's bed size and, 
therefore, its eligibility for hold-harmless treatment may change from 
one cost reporting period to the next.
    Comment: Several commenters asked us to clarify whether a 
hospital's reclassification for either the wage index area or 
standardized amount affects its eligibility for the rural hold-harmless 
payment. The commenter believed that, because the BBRA 1999 statutory 
provision relevant to the rural hold-harmless provision refers to 
providers "located in a rural area" rather than the provider's 
payment status, a provider's geographic reclassification for wages or 
standardized amount has no bearing on its rural hold-harmless status. A 
few commenters argued that a geographic reclassification under 
inpatient prospective payment system for the wage index or the 
standardized amount is not relevant for purposes of the hold-harmless 
rural payment provision and that these reclassified hospitals should be 
included in the rural hold-harmless payment.
    Response: If a hospital is located in a rural area, it will not 
lose its eligibility for hold-harmless payments if it obtains a 
geographic reclassification under the inpatient prospective payment 
system for purposes of determining its wage index or standardized 
amount.
    Comment: A number of commenters expressed concern about the various 
aspects of the hold-harmless provision, referring to sections 
1886(d)(8)(E) and 1833(t)(13) under section 401 of the BBRA 1999, and 
asked about a hospital's eligibility for the rural hold-harmless 
provision.
    Response: Under section 1886(d)(8)(E) of the Act, as added by 
section 401 of the BBRA 1999, if a hospital submits an application and 
meets certain criteria, the Secretary treats the hospital as being 
located in a rural area for purposes of section 1886(d) of the Act. 
Under section 1833(t)(13) of the Act, as added by section 401(b) of the 
BBRA 1999, if a hospital is treated as being located in a rural area 
under section 1886(d)(8)(E) of the Act, then the Secretary shall treat 
the hospital as being located in a rural area for purposes of the 
outpatient prospective payment system. Therefore, if a hospital is 
treated as being located in a rural area under section 1886(d)(8)(E) of 
the Act, then the hospital is treated as a rural hospital for purposes 
of the hold-harmless provision.
    Comment: One commenter stated that the 2-month waiting period for 
interim transitional payments may adversely affect a large number of 
small rural hospitals. The commenter also believed these hospitals will 
require a higher interim payment than planned. The commenter asked that 
we use a hospital-specific impact analyses to create a process for 
interim payments for these small rural hospitals that would begin 
concurrently with the start of the prospective payment system.
    Response: In order to calculate interim transitional corridor 
payments for any hospital, we needed to have some amount of claims that 
had been processed under the prospective payment system. For this 
reason, we were not able to begin transitional corridor payments 
concurrently with the implementation of the prospective payment system. 
Because of our concerns discussed earlier about having to initiate 
recoupment procedures in cases of overpayments, we are not increasing 
interim payments at this time. However, as cost reports are settled and 
we are able to determine how well interim payments predict final 
transitional corridor payments, we will be able to reevaluate this 
policy.
i. Covered Charges
    Comment: Several commenters asked that we clarify the definition of 
"covered charges" used to compute the rural hold-harmless 
transitional corridor payment. One commenter stated that total 
procedures and thus the hold-harmless payment will be understated 
should we eliminate from these calculations the charges for incidental 
procedures or procedures that the Outpatient Code Editor consolidates 
into the main procedures.
    Response: In the preamble and the regulation text of the April 7, 
2000 final rule with comment period, we refer to "covered hospital 
outpatient services" to describe the services that are paid under the 
prospective payment system and, therefore, subject to the transitional 
corridor provision. To determine a provider's costs for purposes of 
calculating the pre-BBA amount for both interim payments and for final 
cost report settlement, we will take into account all costs encompassed 
under the prospective payment system, including the cost of incidental 
services that are packaged into the APC rate. These services are 
identified as those having HCPCS codes with a status indicator of "N" 
(as listed in Addendum B) and incidental services that may not be 
billed with HCPCS codes, but which are billed under revenue codes that 
indicate a packaged service such as observation services, recovery 
room, supplies and many drugs.
    Comment: One commenter asked us to clarify how charges for packaged 
services, for example observation services, should be billed when they 
are

[[Page 67818]]

the only service provided. The commenter stated that inclusion of 
charges for these packaged services in the total bill charges are 
necessary to calculate the proper transitional corridor payment.
    Response: Packaged services will not be the only items that appear 
on a bill. Packaged services will appear on a bill with the service to 
which they are incidental. For example, observation services are 
properly billed with the clinic visit, emergency room visit, surgery, 
etc., that results in the need for the incidental observation service.
j. Cancer Hospitals and Transitional Corridor Payments
    Comment: Several commenters believed that the process described in 
Program Memorandum Transmittal No. A-00-23 for calculating the hold-
harmless transitional corridor payments should be revised because it 
does not reflect Congressional intent and will not provide the relief 
to the 10 cancer centers that the Congress intended. These commenters 
contended that the method described in the program memorandum for 
calculating the transitional corridor payments will result in a 22 
percent loss in outpatient patient revenues for the cancer centers 
compared to those received in 1998. The commenters further claimed that 
their revenue losses under the new outpatient prospective payment 
system may increase an additional 2 percent, or 24 percent in total, 
because we will not pay claims for any medical visits that are billed 
in conjunction with related significant procedures.
    In addition, these commenters urged us to:
     Establish an appeal process for providers with cash flow 
problems that would permit fiscal intermediaries to adjust a provider's 
cost-to-charge ratio "to rectify ongoing OPPS losses prior to 
reconciliation."
     Reduce interim payments to the 10 cancer centers by only 5 
percent rather than 15 percent. (The commenters contended that this 
approach would be consistent with the method currently used to 
determine their inpatient interim payments under the TEFRA cost limits 
system.)
     Pay the 10 cancer centers the balance of the hold-harmless 
payments due at the time the cost report is subjected to desk review 
rather than at the time it is settled. (The commenters stated that 
settlement of the centers' cost reports is completed within 2 to 4 
years after a completed cost report is filed, whereas the cost report 
desk review is generally completed 90 days after it is filed.)
    Response: Medical visits may be billed with significant procedures 
as long as the medical visit is a separate and distinct service from 
the significant procedure, even though the significant procedure is 
related to the medical visit. For example, as a result of an 
examination performed as part of a clinic or emergency room visit, a 
patient is determined to need a CT scan or MRI, or as a result of a 
dermatology examination performed as a clinic visit, a patient also has 
a surgical procedure to remove a mole. In these types of situations, 
payment will be made for both a medical visit and a significant 
procedure.
    Program Memorandum Transmittal No. A-00-63 provides for adjustment 
of a provider's cost-to-charge ratio in certain specific situations. In 
the future, in order to reflect changes in hospital costs and charges, 
we will allow fiscal intermediaries to make additional updates of a 
provider's cost-to-charge ratio to ensure that interim payments 
accurately reflect our best estimates of final transitional corridor 
payments.
    Although we limited the interim payment to 85 percent of the 
estimated payment in order to minimize the risk of overpayment, in the 
future, as cost reports are settled and we are able to determine how 
well interim payments predict final transitional corridor payments, we 
will be able to reevaluate this aspect of our interim payment policy 
and we will consider permitting modification of payment-to-cost ratios 
to reflect particular circumstances.
    The statute indicates that interim payments are made subject to 
retrospective adjustments based on settled cost reports. However, it is 
current practice that, depending on the provider's specific situation, 
a fiscal intermediary may make additional payments as part of a 
tentative settlement action prior to final settlement of the cost 
report.
k. Teaching Hospitals and Transitional Corridor Payments
    Comment: One commenter urged that we retain the transitional 
corridor payments permanently for major teaching hospitals.
    Response: Section 1833(t)(7) of the Act provides permanent 
transitional corridor payments only for cancer hospitals described in 
section 1886(d)(1)(B)(v) of the Act. As indicated earlier, we will 
monitor and evaluate the prospective payment system payments and will 
consider whether it would be appropriate to recommend that Congress 
extend transitional corridor payments.
    Comment: One commenter stated that while the transitional corridor 
payments will mitigate some of the losses to teaching hospitals under 
the prospective payment system compared to the former cost-based 
payment system, these payments are temporary. The commenter believed 
that we underestimated the losses that some teaching hospitals will 
experience. Another commenter urged us to monitor closely the impact of 
the prospective payment system on major teaching hospitals during the 
3\1/2\ year transitional corridor payments. The commenter believed that 
these hospitals will require a payment adjustment after the 
transitional corridor payment period expires to mitigate their 
potential financial losses under the prospective payment system.
    Response: As we stated in the preamble of the April 7, 2000 final 
rule with comment period, we will perform further comprehensive 
analyses of cost and payment differences between different classes of 
hospitals as soon as there is a sufficient amount of claims data 
submitted under the prospective payment system. We will use data from 
the initial years of the prospective payment system to conduct 
regression and simulation analyses. In addition, we will carefully 
track and analyze the additional payments made to hospitals under the 
transitional corridor provision. These analyses will be used to 
consider and possibly propose adjustments in the system, particularly 
beginning in 2004 when the transitional corridor provisions expire.
13. Limitation on Coinsurance for a Procedure
    In the April 7, 2000 final rule with comment period (65 FR 18488), 
we specified that, in accordance with section 1833(t)(8) of the Act (as 
amended by section 204(a) of the BBRA 1999), the coinsurance amount for 
a procedure performed in a year cannot exceed the hospital inpatient 
deductible for that year. We specified that we would apply the 
limitation to the wage-adjusted coinsurance amount (not the unadjusted 
coinsurance amount) after any Part B deductible amounts are taken into 
account. Therefore, although the unadjusted coinsurance amount for any 
APC may be higher or lower than the inpatient hospital deductible, the 
actual coinsurance amount for an APC, determined after any deductible 
amounts and adjustments for variations in geographic areas are taken 
into account, will be limited to the Medicare inpatient hospital 
deductible. Any reduction in coinsurance that occurs in applying the 
limitation will be paid to

[[Page 67819]]

hospitals as additional program payments.
    Comment: One commenter disagreed with our interpretation of the 
BBRA 1999 provision that amended section 1833(t)(8) of the Act to limit 
the coinsurance amount for a procedure to the amount of the inpatient 
hospital deductible. The commenter believed that our interpretation 
that applies the limitation to coinsurance on an APC by the APC basis 
is too narrow.
    The commenter concluded that, at a minimum, the limitation should 
be more broadly interpreted to apply to the total coinsurance incurred 
by a beneficiary in connection with an outpatient visit, that is, from 
the time the beneficiary walks into an outpatient department until he 
or she is released. However, to implement the provision as envisioned 
by the Congress, the commenter suggested that we also consider 
developing a service period unit for outpatient procedures that is 
similar to the "spell of illness" concept used to define the set of 
services to which a single inpatient hospital deductible applies. 
Therefore, when a patient comes to an outpatient department for 
treatment of a particular condition, his or her coinsurance liability 
for all the services required for that condition should not exceed the 
inpatient hospital deductible. The commenter recommended that we apply 
the limitation regardless of how many or which APCs are billed or the 
number of visits required for such treatment.
    Response: APCs are based on CPT codes. We believe that the most 
plausible meaning for "procedure" in this context is a CPT code or, 
by extension, an APC. Thus we interpret the limitation of coinsurance 
for a procedure in section 1833(t)(8)(C) of the Act as added by section 
204 of the BBRA 1999 to apply in general to APCs.
    We do not believe that it was the intent of the Congress to apply 
the coinsurance limitation to the beneficiary's aggregate coinsurance 
amounts for all outpatient services received during the entire service 
period for a specific condition or even to the services a beneficiary 
receives in one day. During the Congressional committee deliberations 
on this provision before it was enacted, we held technical discussions 
with committee staff. At their request, we identified the specific 10 
APCs in the September 1998 proposed rule that would be likely to have a 
coinsurance that exceeded the inpatient hospital deductible. The 
Congressional Budget Office also used that information to project the 
cost of this statutory provision. Therefore, we believe that our 
interpretation in the April 7, 2000 final rule with comment period of 
how the coinsurance limitation is to be applied is consistent with the 
intent of Congress.
    Comment: Several commenters pointed out that because APCs for drugs 
and biologicals are defined based on HCPCS codes for the lowest unit of 
the drug or biological, if we intend to apply the inpatient deductible 
limit at the APC level, we might disadvantage beneficiaries who receive 
multiple units. For example, the coinsurance for a specific drug APC 
may not exceed the inpatient deductible amount. However, if multiple 
units of the same drug are administered, the coinsurance based on the 
multiple APCs may, in fact, exceed the inpatient deductible. The 
commenters believed that the total coinsurance amount for a drug or 
biological based on the amount administered should be subjected to the 
inpatient deductible limit. The commenters believed that constructing 
APCs for drugs based on the lowest unit of the drug is solely a payment 
convention and does not mean that each dose is a separate 
"procedure." Therefore, the commenters contended, a better reading of 
the statute is that the administration of a drug or biological, 
regardless of the dose, is one procedure for purposes of applying the 
hospital outpatient prospective payment system and it would be 
inappropriate to compare the inpatient deductible limit to anything but 
the total coinsurance amounts.
    Response: In the case of services that involve the administration 
of drugs and biologicals in separate APCs, we have concluded that we 
should apply the limitation on coinsurance to include both the drug or 
biological (in whatever units it is administered) and the service that 
leads to its administration. We constructed separate APCs for drugs and 
biologicals, and established pricing on the basis of the lowest dose, 
not to reflect CPT codes, but solely as a matter of convenience in 
administering the payment system. Consequently, we think that the 
interpretation with the most clinical relevance in this instance is to 
treat a drug or biological and the service that leads to its 
administration as a single procedure. We had not proposed separate APCs 
for drugs and biologicals in the proposed rule for the outpatient 
prospective payment system and the Congress did not know we would 
segment APCs at the time it passed the BBRA 1997.
    Effective for drugs and biologicals furnished on or after January 
1, 2001, when multiple units of a drug or biological are furnished to a 
beneficiary during one day, resulting in multiple APC payments for the 
same drug, we will aggregate the total coinsurance applicable to the 
drug or biological, and the aggregated amount cannot exceed the 
inpatient hospital deductible for the calendar year. In order to 
accomplish this change in our bill processing systems, we are assigning 
a new status indicator designated as "K" to APCs for nonpass-through 
drugs and biologicals (as reflected in Addendum D of this interim final 
rule with comment period). Effective for services furnished on or after 
July 1, 2001, in the same circumstances, we will aggregate the total 
coinsurance applicable to the drug or biological and to the service 
that resulted in the administration of the drug, and the aggregated 
amount cannot exceed the inpatient hospital deductible for the calendar 
year. We are unable to make the latter provision effective earlier 
because of systems constraints.
    Comment: One commenter stated that the BBRA 1999 requirement that 
coinsurance for a procedure cannot exceed the inpatient hospital 
deductible for that year adds confusion to an already complicated 
formula for determining coinsurance. The commenter stated that the 
monitoring of coinsurance needed to ensure the limitation is being 
applied on a procedure basis will add undue burden and increase a 
provider's costs. To make the hospital outpatient prospective payment 
system less complicated, the commenter believed that we should consider 
eliminating the threshold.
    Response: The coinsurance limitation is required by statute. 
Therefore, a statutory change would be required to eliminate this 
provision.
14. Reclassification of Certain Hospitals
    In the August 1, 2000 Federal Register (65 FR 47029), we 
implemented section 401 of the BBRA 1999 for the hospital inpatient 
prospective payment system. Section 401(a) of the BBRA 1999, which 
amended section 1886(d)(8) of the Act by adding a new paragraph (E), 
directs the Secretary to treat any subsection (d) hospital located in 
an urban area as being located in the rural area of the State in which 
the hospital is located if the hospital files an application (in the 
form and manner determined by the Secretary) and meets certain 
statutorily specified criteria. Additionally, section 401(a) of the 
BBRA 1999 includes hospitals "* * * located in an area designated by 
any law or regulation of such State as a rural area (or is designated 
by such State as a rural hospital)." A hospital also may seek to 
qualify for reclassification premised on the fact that, had it been 
located in a

[[Page 67820]]

rural area, it would have qualified as a rural referral center or as a 
sole community hospital.
    Section 401(b) of the BBRA 1999 made a conforming change to section 
1833(t) of the Act. Specifically, section 401(b) added section 
1833(t)(13) to the Act which provides that if a hospital is being 
treated as being located in a rural area under section 1886(d)(8)(E) of 
the Act (for purposes of section 1886(d) of the Act), the hospital will 
also be treated under section 1833(t)(13) of the Act as being located 
in a rural area.
    In the April 7, 2000 final rule with comment period, we explained 
that we use the same yearly version of the hospital inpatient 
prospective payment system wage index (which takes effect each October 
1) to adjust the portion of the outpatient prospective payment system 
payment rate and the coinsurance amount that is attributable to labor-
related costs for relative differences in labor and labor-related costs 
across geographic areas (and that will be applied effective each 
January 1). This wage index reflects the effects of hospital 
designations under section 1886(d)(8)(B) of the Act and hospital 
reclassifications under section 1886(d)(10) of the Act.
    We did not receive any comments on this conforming change.

B. August 3, 2000 Interim Final Rule With Comment Period

    Following are the issues addressed in the August 3, 2000 interim 
final rule with comment period, the public comments received on each 
issue, and our response to those comments. In that interim final rule, 
we--
     Revised the regulation at Sec. 419.43(e)(1)(iv) to change 
one criterion and postpone the effective date for two other criteria 
that a new device, drug, or biological must meet in order for its cost 
to be considered "not insignificant" for purposes of determining its 
eligibility for transitional pass-through payments;
     Changed our interpretation for three of the eight criteria 
set forth in the April 7, 2000 final rule with comment period for 
defining a new medical device that would be eligible for transitional 
pass-through payments and amended Sec. 419.43 by adding new paragraph 
(e)(4) to include all eight criteria;
     Clarified the assignment of "C" codes to eligible pass-
through items;
     Corrected a trigger date for grandfathering of provider-
based FQHCs; and
     Clarified our intent regarding prior notice of beneficiary 
cost-sharing liability in emergency situations.
1. Transitional Pass-Through Provisions
a. "Not Insignificant" Cost Criteria
    Section 1833(t)(6) of the Act, as added by section 201(b) of the 
BBRA 1999, requires the Secretary to make transitional pass-through 
payments for post-1996 new drugs, biologicals, and devices for at least 
2 but no more than 3 years when the cost of the item is "not 
insignificant" in relation to the hospital outpatient prospective 
payment system payment amount. In the April 7, 2000 final rule with 
comment period, we established three criteria that a new device, drug, 
or biological must meet to determine whether its costs are not 
insignificant relative to the APC payment with which the item is 
associated (65 FR 18480-81). We stated that all of the following cost 
criteria must be satisfied in order for a new device, drug, or 
biological to be eligible for transitional pass-through payments:
     Its expected reasonable cost exceeds the applicable fee 
schedule amount determined to be associated with the drug, biological, 
or device by 25 percent.
     The expected reasonable cost of the new drug, biological, 
or device exceeds the portion of the fee schedule amount determined to 
be associated with the drug, biological, or device by 25 percent.
     The difference between the expected, reasonable cost of 
the item and the portion of the hospital outpatient department fee 
schedule amount determined to be associated with the item exceeds 10 
percent of the applicable hospital outpatient fee schedule amount.
    After we published the April 7, 2000 final rule with comment 
period, we gained considerable experience from reviewing applications 
for transitional pass-through payments. Based on that experience, we 
concluded that the 25-percent limitation was too restrictive and could 
result in limiting Medicare beneficiaries' access to new products. 
Therefore, in the August 3, 2000 interim final rule with comment 
period, we changed that criterion to ensure that Medicare beneficiaries 
would continue to have access to the latest technologies. We now 
require that the expected reasonable cost of a new drug, biological, or 
device must exceed 10 percent of the applicable fee schedule amount for 
the associated service. In addition, we also postponed the effective 
date of the other two criteria applying to a new device, biologicals, 
or drugs for which a transitional pass-through payment is first made to 
on or after January 1, 2003. As stated in the August 3, 2000 interim 
final rule with comment period, the delay in the effective date for 
these two criteria is necessary so that we will have sufficient time to 
gather and analyze data needed to determine the current portion of the 
fee schedule amounts associated with a device, drug, or biological, 
which is an essential factor in applying these criteria.
    Comment: Several commenters commended us for revising the one "not 
insignificant" criterion and postponing the other two criteria until 
after December 31, 2002. However, some argued that we created an uneven 
playing field by changing our policies after we published our April 7, 
2000 final rule and announced pass-through application deadlines. They 
claimed that our untimely lowering of the cost threshold from 25 
percent to 10 percent unfairly disadvantaged companies that did not 
submit pass-through applications by the deadline for our August 1, 2000 
payments because they believed that their products would not qualify 
for payment. One commenter recommended that we rapidly process 
applications submitted for our January 1, 2001 update and change the 
effective date of that update to November 1, 2000. Another commenter 
advocated that we apply the 10-percent cost threshold retroactively to 
all device pass-through applications to ensure equitable treatment for 
all manufacturers.
    Response: Based on our review of transitional pass-through 
applications, we believe that we have not applied our policy change 
inconsistently to applications that we received. The change to the 
lower cost threshold is effective for services furnished on or after 
August 1, 2000. If an applicant's product was denied pass-through 
status because its cost was considered to be "not insignificant" and 
that applicant can show that our decision was not based on the 10-
percent criterion, the applicant may request that we reevaluate the 
application. In addition, we encourage other interested parties who 
withheld applications because they believed that their products would 
not qualify for pass-through status to submit them. Further, we cannot 
update the pass-through payments effective November 1, 2000 as 
requested. Adding new pass-through items to our outpatient prospective 
payment system requires changes to our complex Medicare computerized 
claims processing systems that we can make only at the beginning of a 
calendar quarter.
    Comment: One commenter believed that reducing the cost threshold to 
10 percent for new devices may be too low. The commenter stated that 
the lower

[[Page 67821]]

cost threshold would expose hospitals to financial risk created by the 
use of new and expensive technology furnished in providing patient 
care. The commenter advocated that we consider as an option 
"establishing * * * a floor--or a variable percentage that is higher 
for low-cost cases and lower for high-cost cases."
    Response: We believe that this option will require time to evaluate 
its merits, assess its impact on our systems and determine systems 
changes that would be required to implement it. Therefore, we will 
consider this request for possible inclusion in our future proposed 
rule for outpatient prospective payment system updating that we expect 
to publish in the spring of 2001.
    Comment: One commenter urged that we grant the public another 
opportunity to evaluate and comment on all three "not insignificant" 
cost criteria before implementing them.
    Response: Before we implement all three of these criteria, we plan 
to provide notice and opportunity for public comment. Since we do not 
expect to implement two of these criteria before January 1, 2003, we 
would not expect to publish a proposed rulemaking until the spring of 
2002.
    Comment: One commenter asked how we would apply the three "not 
insignificant" cost criteria in instances when multiple units of a new 
device are used in performing a procedure. The commenter recommended 
that we use the "weighted average cost of the product, based on the 
average number of unit used in a procedure."
    Response: We plan to fully describe our approach to implementing 
these three criteria in a future proposed rule. As previously stated, 
we will not implement two of these criteria before January 1, 2003. 
Therefore, we do not expect to publish a proposed rulemaking until the 
spring of 2002.
    Comment: One commenter asked that we clarify how transitional pass-
through payments will be incorporated into the APC payments at the end 
of the 2- to 3-year transitional period for a given device. The 
commenter also asked how we would prevent the cost for the pass-through 
items from being diluted significantly by the median cost of other 
procedures grouped in the same APC.
    Response: We plan to use a methodology similar to that currently 
used to construct the APC groups to incorporate payment for pass-
through items into the APC payments once their pass-through status 
expires. That is, we have assigned a unique HCPCS code to each eligible 
pass-through item that will allow us to track its payments and 
utilization over the 2 to 3 years that it is eligible for pass-through 
status. The codes will allow us to match the pass-through items to the 
specific procedures or medical visits with which they are used. After 
we gain appropriate information about the actual costs a hospital 
incurs to provide a pass-through item, we will package the cost for the 
pass-through with that for the relevant procedure or medical visit with 
which it is used and assign the packaged service to a clinically 
related APC group with comparable resources. We will limit the cost 
variation within each group as required by section 1833(t)(2) of the 
Act, as amended by section 201(g) of the BBRA 1999. In accordance with 
this provision, the items and services within a group cannot be 
considered comparable with respect to the use of resources if the 
highest median cost item or service within a group is more than two 
times greater than the lowest median cost item or service within the 
same group. By law, the Secretary is allowed certain exceptions to this 
requirement, that is, for low volume items and services.
    Comment: One commenter asked if we would provide adequate 
recognition for multiple devices used in a procedure "if multiple 
procedure discounting is allowed to cut the pass-through generated 
recognition of these costs in half."
    Response: Under the hospital outpatient prospective payment system, 
devices eligible for pass-through payments are paid separately and not 
subject to the multiple procedure discounting policy. This policy 
applies only to the actual surgical procedure that is performed to 
implant the pass-through device. These procedures are denoted by a 
status indicator "T" and listed in Addendum B of this rule.
    Comment: One commenter urged us to correct erroneous APC groupings 
more frequently than during our scheduled quarterly or annual update 
cycles until we stabilize the hospital outpatient prospective payment 
system.
    Response: We understand the importance of paying appropriately for 
services billed under our new outpatient system and are committed to 
resolving problems that would preclude us from making appropriate 
payments in a timely manner. However, because of the complexity of our 
system we cannot commit to making changes other than during the 
scheduled updating cycles.
b. Definition of Medical Device
    In the April 7, 2000 final rule with comment period, we established 
eight specific criteria that new or innovative medical devices must 
meet to be considered eligible for pass-through payments under section 
1833(t)(6) of the Act. We stated in that rule that new or innovative 
medical devices must meet all of the following criteria to be 
considered eligible for transitional pass-through payments:
    (1) They were not recognized for payment as a hospital outpatient 
service prior to 1997.
    (2) They have been approved or cleared for use by the FDA.
    (3) They are determined to be reasonable and necessary for the 
diagnosis or treatment of an illness or injury or to improve the 
functioning of a malformed body part, as required by section 
1862(a)(1)(A) of the Act. We recognize that some investigational 
devices are refinements of existing technologies or replications of 
existing technologies and may be considered reasonable and necessary. 
Therefore, we indicated that we will consider devices for coverage 
under the hospital outpatient prospective payment system if they have 
received an FDA investigational device exemption (IDE) and are 
classified by the FDA as Category B devices. However, in accordance 
with regulations at Sec. 405.209, payment for a nonexperimental 
investigation device is based on, and may not exceed, the amount that 
would have been paid for a currently used device serving the same 
medical purpose that has been approved or cleared for marketing by the 
FDA.
    (4) They are an integral and subordinate part of the procedure 
performed, are used for one patient only, are surgically implanted or 
inserted, and remain with that patient after the patient is released 
from the hospital outpatient department.
    (5) The associated cost is not insignificant in relation to the APC 
payment for the service in which the innovative medical equipment is 
packaged.
    (6) They are not equipment, instruments, apparatuses, implements, 
or items for which depreciation and financing expenses are recovered as 
depreciable assets as defined in Chapter 1 of the Medicare Provider 
Reimbursement Manual (HCFA Pub. 15-1).
    (7) They are not materials and supplies such as sutures, clips, or 
customized surgical kits furnished incident to a service or procedure.
    (8) They are not materials such as biologicals or synthetics that 
may be used to replace human skin.
    In the August 3, 2000 rule, we revised criteria (3), (4), and (7) 
and amended Sec. 419.43(e)(4) to include all eight criteria. We stated 
in that rule that our change in policies reflects experience

[[Page 67822]]

gained in reviewing and processing transitional pass-through 
applications for devices since publishing our April 7, 2000 final rule 
with comment period. With regard to criteria (3), we revised it by 
removing the cost limitation provision for IDE Category B devices that 
qualify for transitional pass-through payments. We explained in the 
August 3, 2000 interim final rule that on review of our policy for such 
new devices, we believed that it would be more appropriate to remove 
the cost limitation because they are subjected to the same eligibility 
requirements as any other device applying for pass-through status and 
because pass-through payments for a specific device are temporary.
    For criteria (4), we modified our interpretation of which devices 
are eligible for transition pass-through payments to include new 
medical devices that are used for one patient only, are single use, 
come in contact with human tissue, and are surgically implanted or 
inserted in a patient during a procedure but may also be removed during 
that procedure so that the patient leaves the hospital without the 
device. Our revised interpretation also includes clips that are used as 
radiological site or tissue markers.
    As explained in the August 3, 2000 interim final rule, it became 
apparent, based on experience gained in processing a large number of 
applications for new medical device pass-through status, that our 
attempt to distinguish implantable devices using the criteria we had 
outlined in our April 7, 2000 final rule with comment period had some 
practical limitations. We also explained that, in some instances, the 
new medical device is implanted temporarily rather than permanently as 
indicated in our original policy published in the April 7, 2000 final 
rule with comment period. However, we did not intend for our policy to 
exclude new medical devices that are implanted or inserted during a 
procedure but also may be removed during that procedure so that the 
patient leaves the hospital without the device. Rather, we believed 
that these devices should be considered for pass-through payments 
because they also are implantables. We further stated in the August 3, 
2000 interim final rule with comment period that it had become apparent 
that some implantable clips are expensive and function other than as 
tools or supplies necessary for a surgeon to perform a surgical 
procedure. We did not intend to exclude such clips from consideration 
for pass-through payments. Therefore, we revised our interpretation of 
which devices are eligible for transitional pass-through status to 
include also new single use medical devices that may be temporarily 
implanted or inserted in a patient.
    Finally, in criterion (7), we became aware of the need, based on 
our review of pass-through applications, to clarify that supplies 
include pharmacological imaging and stressing agents, including 
contrast media but excluding radiopharmaceuticals (for which payment 
under the transitional pass-through provision is established by section 
1833(t)(6)(A) of the Act).
    Comment: One commenter urged that we issue detailed guidelines that 
clarify whether an IDE Category B device with pass-through status will 
be assigned only one "C-code" for both its clinical investigation and 
commercialization.
    Response: Our general policy is to assign only one code to an 
eligible pass-through item.
    Comment: One commenter asked how we would reconcile differences in 
pass-through payment differences (over 2 to 3 years) that are made for 
an eligible IDE Category B device during its clinical investigation 
phase versus those paid once the device is commercialized.
    Response: Policy decisions regarding the analytical treatment of 
costs associated with specific items that will be included in our 
database for constructing APCs will be made in the context of the 
methodology that we use to derive updated APC weights and payments. 
This methodology will be fully described in a subsequent proposed rule 
prior to incorporating the cost for pass-through devices such as 
eligible IDE Category B devices into our APC payments.
    Comment: One commenter asked that we clarify when the definition of 
a device includes or excludes all of a device's components. The 
commenter also asked whether we assigned separate codes for the 
device's components.
    Response: If a device can be separated into distinct components and 
such components are considered integral to the functioning of that 
device, we evaluate the device and all its component parts to determine 
whether any or all would qualify for transitional pass-through payment. 
For example, we have approved several implantable neurostimulator 
systems for pass-through payment. These systems usually include at 
least two or three separate components such as a generator, leads, and 
receiver/transmitter. In this case, we have assigned separate HCPCS 
codes to each of the eligible components. However, if an eligible pass-
through item is considered a component of a non-eligible item, such as 
a piece of capital equipment, only the eligible item will receive a 
HCPCS code to bill for pass-through payments.
    Comment: One commenter warned us about medical devices that we have 
approved for pass-through payments such as electrophysiology catheters 
that the commenter alleges are not single use items. The commenter 
stated that hospitals use them more than once. The commenter advocated 
that we advise hospitals not to request additional payments for any 
approved pass-through item if they reprocess or reuse them.
    Response: In the August 3, 2000 interim final rule with comment 
period, we revised criterion "d" of the eight medical device 
eligibility criteria to explicitly preclude pass-through payments for 
new medical devices other than those that are single use. Therefore, 
additional payments will not be made for devices that are reprocessed 
or reused. Hospitals that bill these devices might be considered to be 
engaging in fraudulent billing practices.
    Comment: A number of the commenters urged that we abandon the use 
of an individual or brand-specific approach to approving devices for 
transitional pass-through payments and adopt an approach that 
distinguishes devices based on categories. The commenters argued that a 
category approach is more appropriate and more efficient to implement 
than an individual, item-specific approach. They alleged that the 
latter approach creates winners and losers and delays timely approval 
of new technologies.
    Response: As previously stated, we adopted a trade-name specific 
approach for several reasons. First, such an approach provides better 
information. Codes that are largely item-specific allow us to track 
what procedures the items are used with and costs of the items. When 
the pass-through payments for an item ends, we would expect to have 
good information for assigning it to relevant APCs and ensuring 
appropriate payment for these APCs. Adopting a scheme with a 
significant degree of categorization would require use of averages in 
making assignments and setting payment rates. Decisions based on these 
more limited data would likely lead to intensified concerns about the 
appropriateness of APC assignment and payment.
    Second, this approach permits finer discrimination in eligibility 
decisions. An item-by-item approach allows us to be sure individual 
items in fact meet the criteria for eligibility. Of major concern in 
this instance is whether a device is "new" using the standard of the 
statute. Section 1833(t)(6)(A) of the Act limits

[[Page 67823]]

transitional pass-through payment to those devices for which " * * * 
payment for the device * * * as an outpatient hospital service under 
this part was not being made as of December 31, 1996." Adopting 
categories would in some cases mix "old" and "new" devices. In 
these instances, either some old devices would get special treatment 
that they would not be eligible for if they were examined on an item-
specific basis, or an entire category could be considered old, thus 
depriving some new devices from special treatment they would be 
eligible for if they were examined on an item-specific basis.
    Third, an item-specific scheme avoids issues associated with the 
design of categories needed for purposes of transitional pass-through 
payments. It largely avoids concerns about what items should be in what 
category or whether new categories should be created to accommodate 
items that may appear to be little different from those in existing 
categories.
    Fourth, an item-specific approach allows us to assure that a newly 
arriving device can obtain the full period of pass-through status it is 
arguably eligible for under the statute. A categorization approach 
would likely lead to latecomers being eligible for pass-through 
payments only for a shorter period. Insofar as revision to APC payment 
rates reflected the costs of items in the category by the time the 
category was terminated, the shorter period would be of little 
consequence. However, if the costs of the late-coming item were 
significantly higher, this procedure could appear objectionable. A 
solution in this case would be to create a new code, which could be 
specific to that item, thus departing from a categorization approach.
    We recognize that a category approach would lessen concerns about 
competitive disadvantages that may have been inadvertently created by 
an item specific approach and about access to specific items by 
hospitals and their patients. However, we found no satisfactory way of 
establishing categories that would not run into difficulty regarding 
the test of whether a device is "new" as described above. 
Consequently, we are making no change in our approach in response to 
comments.
2. Revision to Grandfather Provision for Certain FQHCs and "Look-
Alikes"
    In the April 7, 2000 final rule with comment period, which 
discussed the provider-based status criteria and requirements, we 
grandfathered FQHCs or "look-alikes" that were designated as such 
before 1995 in order to assure the continuity of care and access to 
care for patients of some of these facilities. To meet our original 
policy intent of helping to ensure that the new criteria do not disrupt 
the delivery of services to patients of these facilities, in the August 
3, 2000 interim final rule with comment period (65 FR 47674), we 
corrected Sec. 413.65(m) to state that a facility that has since April 
7, 1995 furnished only services that were billed as if they had been 
furnished by a department of a provider will continue to be considered 
as a department of a provider, without regard to compliance with the 
provider-based criteria, if the facility--
    (1) Received a grant on or before April 7, 2000 under section 330 
of the Public Health Service Act and continues to receive funding under 
such a grant, or is receiving funding from a grant made on or before 
April 7, 2000 under section 330 of the Public Health Service Act under 
a contract with recipient of such a grant, and continues to meet the 
requirements to receive a grant under section 330 of the Public Health 
Service Act; or
    (2) Based on the recommendation of the Public Health Service, was 
determined by HCFA on or before April 7, 2000 to meet the requirements 
for receiving a grant under section 330 of the Public Health Service 
Act, and continues to meet such requirements. We made this change to 
clarify that grandfathering under Sec. 413.65 is based on continued 
status as a section 330 of the Public Health Service Act grantee or a 
"look-alike" facility. We received no comments on this change.
3. Clarification of Notice of Beneficiary Cost-Sharing Liability
    In the August 3, 2000 interim final rule with comment, we also 
addressed whether hospitals could reasonably be expected to furnish an 
exact statement of the patient's financial liability, since the exact 
scope of services needed may not be known at the time notice must be 
given. Specifically, we stated that when the extent of care needed is 
not known before the patient is admitted, the hospital may furnish a 
written notice to the patient that explains the general fact that the 
beneficiary will incur a coinsurance liability to the hospital that he 
or she would not incur if the facility were not provider based. 
Furthermore, we clarified that the estimate of "potential financial 
liability" in this written notice may be based on typical or average 
charges for visits to the facility or organization, while stating that 
the patient's actual liability will depend upon the actual services 
furnished by the hospital.
    Comment: One commenter stated that our clarification regarding the 
notice of beneficiary cost sharing liability was helpful, but 
recommended that we amend or modify the regulations at 
Sec. 413.65(g)(7) to reflect such clarification since the wording of 
the existing regulations states twice that the notice must be given 
"prior to the delivery of services" without an exclusion for 
emergency medical conditions. In addition, the regulation states that 
the hospital has an obligation to notify the beneficiary of the 
"potential financial liability" not just to provide the beneficiary 
with "an estimate based upon typical or average charges" in the event 
that the exact type and extent of care is not known.
    The commenter also recommended that we require hospitals to only 
notify the beneficiary of the fact that the beneficiary will incur a 
coinsurance liability for hospital outpatient services without giving a 
dollar amount of beneficiary copayment. Such a notice could include a 
statement that the copayment liability will be determined by us and the 
beneficiary will be notified of the exact amount once the hospital is 
notified of the amount determined by us. The commenter believes that an 
estimate based on charges would "miss the point" of this provision 
since beneficiary copayment amounts are now determined by HCFA using an 
APC grouper, not charges.
    Response: We appreciate the commenter's concerns and agree that a 
change in the regulations is needed to reflect the clarification 
provided in the August 3, 2000 interim final rule with comment period 
in a future proposed rule. As we stated in the August 3, 2000 interim 
final rule with comment period (65 FR 47675), we are developing a 
proposed rule that will further revise and clarify the notice 
requirements. We are doing this to allow the public a full opportunity 
to comment on the changes and to ensure that we have the benefit of all 
relevant comments.
    We disagree with the commenter's statement that an estimate based 
on charges would "miss the point" of this provision since such a 
notice is required only to give the beneficiary an idea or an example 
of their "potential financial liability". As stated in the August 3, 
2000 interim final rule with comment period (65 FR 47675), the estimate 
should state that the beneficiary's "actual liability will depend upon 
actual services furnished by the hospital." Also, with the delay in 
the effective date of the provider-based status regulations until 
January 10, 2001, hospitals will have at least five months of 
experience with APC

[[Page 67824]]

payments under outpatient prospective payment system and should be able 
to develop an appropriate estimate of a copayment amount based on APCs 
rather than charges.
4. Clarification of Protocols for Off-Campus Departments
    In the April 7, 2000 final rule, under new Sec. 489.24(i)(2) we 
require hospitals to establish protocols for handling individuals with 
potential emergency conditions who arrive at hospital off-campus 
departments. Section 489.24(i)(2)(ii) further requires that if the off-
campus department is a physical therapy, radiology, or other facility 
not routinely staffed with physicians, RNs, or LPNs, the department 
personnel must be given protocols that direct them to contact emergency 
personnel at the main hospital campus.
    In the August 3, 2000 interim final rule with comment period, we 
clarified that Sec. 489.24(i)(2) does not require a delay of an 
appropriate transfer when the main hospital campus does not have the 
specialized capability or facilities required by the individual or when 
the individual's condition is deteriorating so rapidly that the time 
needed to move the individual to the main hospital campus would 
significantly jeopardize the individual's life or health. We also 
stated that the contact with emergency personnel at the main hospital 
campus should be made either after, or concurrently with, the actions 
needed to arrange an appropriate transfer under Sec. 489.24(i)(3)(ii), 
if doing otherwise would significantly jeopardize the individual's life 
or health. We noted that this clarification does not relieve the off-
site department of the responsibility for making this contact, but only 
clarifies that the contact may be delayed in specific cases when doing 
otherwise would endanger a patient subject to EMTALA protection. We 
received no comments on this clarification.
5. Typographical Errors in the Provider-Based Regulations
    Comment: One commenter questioned whether the provider-based 
regulations in Secs. 413.65 and 489.24, as they appeared in the April 
7, 2000 final rule with comment period (65 FR 18538), contained 
typographical errors.
    Response: We are aware of typographical errors in the provider-
based regulations as published in the April 7, 2000 final rule with 
comment period (65 FR 18538) and will be publishing a correction notice 
(HCFA-1005-CN) to make these corrections.

III. Provisions of This Interim Final Rule With Comment Period

A. Changes Relating to the BBRA 1999 Public Comments

    Except for the changes discussed in the preamble, we are adopting 
the BBRA 1999 provisions implemented in the April 7, 2000 final rule 
with comment period and the August 3, 2000 interim final rule with 
comment period, described in section II of this preamble, as final 
without modification. We are making the following changes to the 
regulation text as a result of the public comments received:
    We are revising Sec. 419.41(c)(4)(i) to provide that, effective 
January 1, 2001, when multiple APCs for a single drug or biological are 
furnished to a beneficiary on the same day, the inpatient hospital 
deductible limitation on coinsurance will be applied to the aggregate 
coinsurance for the drug or biological. The section is further revised 
to provide that, effective July 1, 2001, the coinsurance amount for the 
procedure or service that resulted in the administration of the drug or 
biological will be aggregated with the coinsurance for the drug or 
biological in applying the limit.
    We are revising Sec. 419.70(f)(2)(ii) to remove the phrase 
"without applying the cost reductions under section 1861(v)(1)(S) of 
the Act". We recognize that the phase may have inadvertently caused 
confusion to the extent it is redundant, as pointed out by a commenter.

B. Annual Updates to Components of the Hospital Outpatient Prospective 
Payment System

    In this interim final rule with comment period, for calendar year 
2001, we are updating the wage index and the conversion factor 
adjustment for covered hospital outpatient services furnished beginning 
January 1, 2001. We also are updating the existing APC groups to 
reflect new codes that have been assigned. In accordance with section 
1833(t)(9)(A) of the Act and section 201(h)(2) of the BBRA 1999, we 
will undertake a complete system update in 2001 for hospital outpatient 
prospective payments. That update will take effect on January 1, 2002. 
We will consult with an expert outside advisory panel composed of 
appropriate representatives of providers. This panel will review and 
advise us concerning the clinical integrity of the APC groups and 
relative weights. The panel will be allowed to use data other than 
those we have collected or developed during our review of the APC 
groups and relative weights.
1. APC Groups
    We are updating the existing APC groups effective January 1, 2001 
to reflect the addition of new CPT and alpha-numeric codes, the 
deletion of invalid codes, changes to the list of procedures we pay for 
only in an inpatient setting (the "inpatient list"), the creation of 
a new status indicator, newly covered procedures, reconfigurations due 
to the inclusion of device costs, and revisions to correct errors and 
provide consistency in the placement of codes.
a. New Codes
    There are 936 new codes, 645 of which are "C" codes. "New" in 
this context means new since the April 7, 2000 final rule with comment 
period was published. Many of the "C" codes were published in program 
memoranda over the intervening months. New codes are shown in Addendum 
B with an asterisk in the column preceding the code.
b. Deleted Codes
    With the exception of "C" codes, codes deleted effective January 
1 of each year are given a 3-month grace period in which they will 
still be recognized. "C" codes are temporary codes used exclusively 
to bill pass-through items and new technology services and items paid 
under the hospital prospective payment system. We will retire these 
codes prospectively at the start of a new calendar quarter based on 
specific service dates and are not extending the same 3-month grace 
period to them. We will drop all non "C" codes from APCs effective 
April l. Deleted codes are shown in Addendum B. They are followed by 
the letter D. The AMA's CPT books also list deleted codes.
c. Revisions to Correct Errors or Inconsistencies
    We are revising the APCs in order to correct errors and to provide 
greater consistency in the placement of codes. For example, we had 
assigned various types of cardiovascular diagnostic tests to four APCs, 
with rates based on data that, on subsequent review, appeared limited. 
We are recategorizing these APCs. This recategorization results in 
three APCs with greater clinical coherence.
    Medicare covers influenza, pneumococcal, and hepatitis B 
immunizations routinely, with no copayment or deductible due for flu 
and pneumonia vaccines or their administration. Other vaccines may be 
covered in certain circumstances, but are, in fact, given so 
infrequently that our cost data are limited. We are

[[Page 67825]]

rearranging the preventive vaccines and assigning the less frequently 
furnished vaccines based on their reported costs, but within a smaller 
range. We expect very few immunizations other than influenza and 
pneumonia to be billed, but if they are billed, we will update our 
data.
    We also are changing the APCs to which bone density studies are 
assigned. The codes used in 1996 captured both central and peripheral 
bone density studies. Coding changes since that time have separated the 
two types of studies, but this distinction was not reflected in the 
1996 data. In order to better reflect these differences, we are 
separating the various codes and assigning central dual energy x-ray 
absorptiometry (DEXA) bone density studies to a new technology APC.
    We did not include the codes for transfusion laboratory services 
(for example, typing and crossmatching) in APCs in the April 7, 2000 
final rule with comment period. We are now creating three APCs to 
capture these codes, and an additional APC to capture fertility 
procedures.
d. Device-Related Codes
    As described in the April 7, 2000 final rule with comment period, 
revenue centers 274, 275, and 278 were not included for purposes of 
calculating the APC rates because prior to the BBRA 1999, we 
anticipated paying for durable medical equipment and prosthetics 
(including implantable devices) outside of the outpatient prospective 
payment system and it was unfeasible to revise our database to reflect 
the revenue centers in time to publish a final rule and implement the 
prospective payment system by July 1, 2000. To reflect the inclusion of 
implantable devices as required under the BBRA 1999, we have 
recalculated APC rates with these revenue centers included. As a 
result, the median cost for certain procedures such as inserting 
pacemakers, replacing leads, and providing neurostimulators increased 
significantly.
    In order to recognize these cost increases, which are attributable 
to the devices, and to aid in the assignment of devices to APCs at the 
end of the pass-through period, we are reconfiguring certain APCs. That 
is, we are creating APC groups for the insertion of pacemakers, the 
replacement of pacemaker electrodes, the implantation of a pacemaker 
and electrodes, and the removal of a pacemaker. These changes reflect 
our basic criteria that procedures within an APC group be clinically 
similar and comparable in terms of resources, with the highest cost 
item or service within a group being no more than 2 times greater than 
the lowest cost item or service within the same group.
e. Inpatient Codes Moved to the Outpatient Setting
    In response to numerous requests, we reviewed the composition of 
the inpatient list. While we continue to believe that we have the 
majority of the codes assigned properly, for the reasons discussed in 
section III.B.2. we are persuaded to move a number of codes to the 
outpatient setting. We are able to place most codes into closely 
related APCs.
f. "Two-times" Rule
    The BBRA 1999 required us to ensure that no APC contains codes such 
that the highest median cost in the APC exceed twice the lowest median 
cost. We undertook an analysis of APCs in relation to this requirement 
as part of the 2001 update. (Note that the law provides for exceptions 
based on low volume and other reasons. We consider a code that captures 
fewer than 2 percent of the services within an APC to be low volume, 
and we disregard codes for unlisted services or procedures, since we do 
not know what service or procedure was billed.) For example, moving a 
radical mastectomy code from the inpatient list to a breast procedure 
APC caused the group to fail the two-times test. In another instance, 
as described above, we packaged costs associated with implantable 
devices into the relevant procedure codes. This change would also cause 
device-related APCs to fail the two-times test. For these situations 
and others that failed the two-times test, we are reconfiguring the 
APCs appropriately.
g. Inpatient Codes Moved to Outpatient and Affected by Device
    Seven codes related to vascular and neurological procedures were 
moved from the inpatient list into APCs, that were then split according 
to device use, in response to comments.
h. Newly Covered Codes
    The updated APCs reflect recent HCFA decisions to provide Medicare 

coverage for an electrical bioimpedance procedure and three magnetic 
resonance angiography services. The codes for these newly covered 
services are M0302 and 71555, 73725, and 74185, respectively.
i. Pass-Through Requests for Drugs
    Since publication of the April 7, 2000 final rule with comment 
period, we have received additional requests for pass-through status 
for a number of drugs. The codes for the additional eligible pass-
through drugs are shown in Addendum B.
    The following table contains a listing of the changes in the APC 
groups discussed above.

                                                               Summary of Changes to APCs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Changes to APC Placement of Existing Codes
                       ---------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Inpatient codes
       New Codes           Revisions or                                                                 moved to                          Pass-through
                          corrections of     Device-related    Inpatient moved     "Two-times"     outpatient and     Newly covered     requests for
                              errors             codes          to outpatient           rule           affected by          codes             drugs
                                                                                                         device
--------------------------------------------------------------------------------------------------------------------------------------------------------
936 codes added, 645    111 codes changed  87 codes changed.  56 codes changed   25 codes changed.  7 codes changed.  4 codes changed.  4 codes changed
 of which are "C".                                           (12 as of 8/1/
                                                               2000).

[[Page 67826]]


Denoted by asterisk in  APCs--0004, 0087,  APCs--0082, 0083,  APCs--0005, 0020,  APCs--0028 and     HCPCS--37620,     HCPCS--71555,     HCPCS--J1650,
 Addendum B.             0099, 0100,        0089, 0091,        0021, 0029,        0029.              35011, 36834,     73725, 74185,     J2770, J1810,
                         0102, 0123,        0093, 0103,        0046, 0050,                           61880, 61888,     M0302.            J7315
                         0282, 0340,        0104, 0105,        0081, 0114,                           33284, 63741.
                         0342, 0346,        0106, 0107,        0115, 0120,
                         0347, 0348,        0108, 0109,        0121, 0162,
                         0349, 0354,        0115, 0119,        0165, 0194,
                         0356, 0602,        0124, 0185,        0195, 0198 ,
                         0761, 0970,        0224, 0225,        0216, 0254,
                         0971, 0974,        0226, 0227,        0256, 0263,
                         0976, 1044,        0228, 0229,        0264, 0279,
                         1401, 1402,        0256, and 1002.    0280, 0970,
                         1403, 1404,                           0974, and 0981..
                         1405, 1406,
                         1407, and 1409.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Addenda A and B reflect changes to the APC groups, effective 
January 1, 2001. Addendum C, entitled "Hospital Outpatient Department 
(HOPD) Payment for Procedures by APC, Calendar Year 2001," is not 
published in this interim final rule with comment period, but will be 
posted on our website at http://www.hcfa.gov/medlearn/refopps.htm. 
Addendum C will display data similar to those contained in Addenda A 
and B, but sorted by APCs with each procedure code listed that is 
assigned to the APC.
2. Inpatient Procedures List Update
    In the preamble to the April 7, 2000 final rule with comment 
period, we indicated that, as part of our annual update process, we 
would update the procedures on the inpatient list. The first annual 
revision of this list is effective on January 1, 2001. We are removing 
44 procedures from the list and placing them in APCs. (Several 
procedures that were inadvertently left on the inpatient list in the 
April 7, 2000 final rule with comment period were removed from the list 
and placed in APCs in August 2000.) The revised list is included in 
Addendum E.
    We have attempted to limit the inpatient only list to those 
procedures that, in current medical practice as understood by our 
clinical staff, require inpatient care, such as those that are highly 
invasive, result in major blood loss or temporary deficits of organ 
systems (such as neurological impairment or respiratory insufficiency), 
or otherwise require intensive or extensive postoperative care. Insofar 
as advances in medical practice mitigate concerns about these 
procedures being performed on an outpatient basis, we will be prepared 
to remove them from the inpatient list and provide for payment under 
the hospital outpatient prospective payment system. Since the April 7, 
2000 final rule with comment period was published, we have received 
requests to move a number of procedures from the inpatient list 
because, based on medical evidence, the procedures can be performed 
safely in a hospital outpatient setting. These included breast and 
other cancer procedures, repairs of facial trauma, many orthopedic 
procedures, several vascular procedures, and some genito-urinary 
procedures.
    Among the procedures we are removing from the inpatient list and 
placing in APCs as a result of these requests are excision of chest 
wall tumors, several orthopedic repairs, vascular procedures, and 
ureteral endoscopies. We are moving overnight pulse oximetry from the 
inpatient list to packaged status. We also are moving several 
comparable procedures, for example, related ureteral endoscopies.
    At this time, we are not removing from the inpatient list various 
spinal procedures, including osteotomies and laminectomies. We also are 
not removing several open abdominal and retroperitoneal procedures from 
the inpatient list because many of these procedures involve prolonged 
invasion of the thoracic cavity, the peritoneum, or the retroperitoneal 
space. Patients undergoing these procedures typically require prolonged 
postoperative monitoring. Moreover, the information provided to us by 
requesters did not provide convincing evidence that these procedures 
are currently being performed or can be safely performed in an 
outpatient setting. However, we are aware that, with advances in 
technology and surgical techniques, many of these procedures may 
eventually be performed safely in a hospital outpatient setting. We 
will continue to review all the procedures on the inpatient list and 
will consider additional requests to move specific procedures to the 
outpatient setting. We ask that these requests contain detailed 
rationale along with medical evidence that the procedure may be 
performed safely in an outpatient setting.
    We note that, in some instances, requests for removing a particular 
procedure from the inpatient list may have resulted from a 
misunderstanding about appropriate coding. Less invasive versions of 
the procedure on the inpatient list may be in an APC. The presence of 
certain thoracoscopies on the inpatient list, for example, does not 
mean that no thoracoscopy will be paid under the outpatient prospective 
payment system.
    We also were asked to move several procedures from APCs to the 
inpatient list. Because of the rapid advance in technology and surgical 
techniques mentioned above, we believe that if procedures have been 
assigned APCs, we should not reverse that status unless it becomes 
obvious that we have made an error. Thus, we are moving to the 
inpatient setting only one of the codes for which we received a request 
(open treatment of a knee dislocation, which requires more than 
outpatient

[[Page 67827]]

postoperative monitoring), and two other codes (for nephrectomy with 
total ureterectomy and for escharotomy) that had been assigned APCs in 
error.
    Beginning in April 2001, we will, if warranted, revise the 
inpatient list at least quarterly to better reflect changes in medical 
practice that permit procedures that were previously performed only in 
an inpatient setting to be safely and effectively performed in an 
outpatient setting. In the April 7, 2000 final rule with comment 
period, we discussed our intent to revise the list as part of the 
annual update of APCs and asked that interested parties advise us of 
procedures that can be performed in an outpatient setting. Since we 
will be making quarterly updates to the outpatient prospective payment 
system for other purposes, we will also change the inpatient list 
quarterly, if warranted. Generally, because of systems limitations, 3 
months or more are required after a decision is made before we can 
implement a change.
    The inpatient list was not a result of a provision of the BBRA 
1999; it was included in the September 1998 proposed rule and we 
responded to comments and made the provision final in the April 7, 2000 
final rule with comment. Accordingly, we did not request comments on 
our policy on the establishment of the inpatient list at that time. 
Nonetheless, we received a number of comments concerning the existence 
of this list, the provisions for updating it, and its implications for 
other Medicare payment systems. We will consider these comments and 
expect to discuss the matter further in the proposed rule updating the 
hospital outpatient prospective payment system for 2002, which we will 
publish in the spring of 2001.
3. Wage Index Adjustment
    Under section 1833(t)(2)(D) of the Act, we are required to 
determine a wage adjustment factor to adjust, in a budget neutral 
manner, the portion of the payment rate and the coinsurance amount that 
is attributable to labor-related costs for relative differences in 
labor and labor-related costs across geographic regions under the 
hospital outpatient prospective payment system.
    In the April 7, 2000 final rule with comment period, we specified, 
in regulations at Sec. 419.43(c), that each year we use the hospital 
inpatient prospective payment system wage index established in 
accordance with 42 CFR Part 412 to make a wage adjustment for relative 
differences in labor and labor-related costs across geographic areas 
under the hospital outpatient prospective payment system. We note that, 
by statute, we implement the annual update of the hospital inpatient 
prospective payment system on a fiscal year basis. However, we update 
the hospital outpatient prospective payment system on a calendar year 
basis. Therefore, the hospital inpatient prospective payment system 
wage index values established for urban and rural areas and for 
reclassified hospitals published in the Federal Register on August 1, 
2000 (65 FR 47149 through 47157) are being applied for wage adjustments 
under the hospital outpatient prospective payment system, effective 
January 1, 2001. The fiscal year 2001 hospital inpatient wage index 
reflects the effects of hospitals redesignated under section 
1886(d)(8)(B) of the Act and hospital reclassifications under section 
1886(d)(10) of the Act. After publication of the hospital inpatient 
wage index values for fiscal year 2001 on August 1, 2000, we discovered 
several errors in the values for several geographic areas. The correct 
wage index values for all areas are republished in Addenda F, G, and H 
of this interim final rule with comment period.
    In this interim final rule with comment period, we are establishing 
the methodology that we will use in making adjustments for area wage 
differences for services furnished in the Virgin Islands. We note that 
a hospital inpatient prospective payment system wage index value is not 
calculated for the Virgin Islands because there are no hospitals 
located in that area that are paid under the inpatient hospital 
prospective payment system. Because the wage index that we adopted in 
our April 7, 2000 final rule with comment period does not include a 
value for adjusting wage differences for the Virgin Islands, we will 
use the wage index for the Virgin Islands as calculated for the skilled 
nursing facilities prospective payment system to make this adjustment. 
The skilled nursing facilities prospective payment system uses the 
inpatient hospital wage index data to adjust its prospective payment 
rates for the same fiscal year (that is effective October 1, 2000) as 
covered by the hospital inpatient prospective payment system wage index 
values. As stated in the July 31, 2000 skilled nursing facilities 
prospective payment system final rule (65 FR 46770), "The computation 
of the wage index * * * incorporate[s] the latest data and methodology 
used to construct the hospital wage index. For these reasons, the wage 
index adjustment that we will apply to the Virgin Islands for services 
furnished on or after January 1, 2001 is 0.6306.
    Although the wage index for skilled nursing facilities is based on 
a fiscal year beginning October 1, we will apply the wage index factor 
for the Virgin Islands that goes into effect on October 1 of each year 
to the hospital outpatient prospective payment system services 
furnished during the following calendar year. This is consistent with 
how we apply the hospital inpatient prospective payment system wage 
index values to the hospital outpatient prospective payment system 
services.
    Consistent with the methodology applicable for services furnished 
in 2000 (on or after August 1, 2000), in making adjustments for area 
wage differences for services furnished in 2001, we will recognize 60 
percent of the hospital's costs as labor-related costs that are 
standardized for geographic wage differences.

4. Conversion Factor Update

    Section 1833(t)(3)(C)(ii) of the Act requires us to update annually 
the conversion factor used to determine APC payment rates. Section 
1833(t)(3)(C)(iii) of the Act provides that the update be equal to the 
hospital inpatient market basket percentage increase applicable to 
hospital discharges under section 1886(b)(3)(B)(iii) of the Act, 
reduced by one percentage point for the years 2000, 2001, and 2002. 
Thus, the update to the outpatient hospital prospective payment system 
conversion factor for 2001 is 2.4 percent (3.4 percent minus 1 
percent).
    In accordance with section 1833(t)(9)(B) of the Act, the conversion 
factor for 2001 also has been adjusted to ensure that the revisions we 
made to update the wage index are made on a budget-neutral basis. A 
budget neutrality factor of .9989 was calculated for wage index changes 
by comparing total payments from our simulation model using the wage 
index values that will be effective January 1, 2001.
    The market basket increase of 2.4 percent for 2001 and the required 
budget neutrality adjustment calculated to be .9989 result in a 
conversion factor for 2001 of $49.596.

IV. Waiver of Notice of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register and invite public comments on the proposed rule. The 
notice of proposed rulemaking includes a reference to the legal 
authority under which the rule is proposed, and the terms and substance 
of the proposed rule or a description of the subjects and

[[Page 67828]]

issues involved. This procedure can be waived, however, if an agency 
finds good cause that a notice-and-comment procedure is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and its reasons in the rule. For the reasons 
set forth below, we find that the circumstances surrounding this 
interim final rule with comment period make it either unnecessary or 
impracticable to pursue a notice-and-comment procedure before the 
provisions of this interim final rule with comment period take effect.
    As discussed earlier in this interim final rule with comment 
period, we implemented the hospital outpatient prospective payment 
system on August 1, 2000 in accordance with the methodology that we set 
forth in the April 7, 2000 final rule with comment period (65 FR 
18434). In section III.I. of the April 7, 2000 final rule with comment 
period (65 FR 18501), we discuss how we will update the outpatient 
prospective payment system on an annual basis. We are required under 
section 1833(t)(3)(C)(ii) of the Act to update annually the conversion 
factor used to determine the APC payment rates. Under the regulations, 
42 CFR 419.43, the wage adjustment under outpatient prospective payment 
system is based on the hospital inpatient wage index, and we updated 
the hospital inpatient wage index after the publication of the April 7, 
2000 final rule with comment period. Accordingly, in this interim final 
rule with comment period, we are updating the conversion factor and the 
wage index adjustment for covered hospital outpatient services 
furnished beginning January 1, 2001, using the methodology published in 
the April 7, 2000 final rule with comment period, for which we had 
previously received comments. We also are updating the existing APC 
groups to reflect new and deleted CPT codes for 2001 and reconfiguring 
certain APC groups using more recent data to ensure clinical integrity 
and consideration of resource use as required by section 1833(t)(8)(A) 
of the Act and as described in the April 7, 2000 final rule with 
comment period (65 FR 18456 and 18501). Because these various 
adjustments are being made in accordance with existing methodology as 
set forth in the April 7, 2000 final rule with comment period, we 
believe it is unnecessary to address them further through the notice-
and-comment procedure.
    In addition, we find good cause to waive prior notice-and-comment 
procedures with respect to the Virgin Islands wage index methodology 
because it would have been impracticable to undertake and complete 
notice-and-comment procedures on this issue in time for the Virgin 
Islands outpatient prospective payment system wage index value to be 
effective at the same time as the updated outpatient prospective 
payment system wage index values for all other areas.
    Accordingly, we find good cause to waive the notice-and-comment 
procedure with respect to the annual update of the wage index values, 
conversion factor, and the APC groups. However, we are providing for a 
60-day comment period as specified in the "Dates" section of this 
preamble.

II. Collection of Information Requirements

    This document does not impose information collection and 
recordkeeping requirements. Consequently, it need not be reviewed by 
the Office of Management and Budget under the authority of the 
Paperwork Reduction Act of 1995.

VI. Regulatory Impact

A. General

    We have examined the impacts of this interim final with comment 
period rule as required by Executive Order 12866, the Unfunded Mandates 
Reform Act of 1965, and the Regulatory Flexibility Act (RFA) (Public 
Law 96-354). Executive Order 12866 directs agencies to assess all costs 
and benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). A regulatory impact 
analysis (RIA) must be prepared for major rules with economically 
significant effects ($100 million or more annually).
    Section 202 of the Unfunded Mandates Reform Act of 1995 also 
requires that agencies assess anticipated costs and benefits before 
issuing any rule that may result in an expenditure in any one year by 
State, local, or tribal governments, in the aggregate, or by the 
private sector, of $100 million. This final rule does not mandate any 
requirements for State, local, or tribal governments.
    The RFA requires agencies to analyze options for regulatory relief 
of small businesses. For purposes of the RFA, small entities include 
small businesses, nonprofit organizations and government agencies. For 
purposes of the RFA, we consider all hospitals to be small entities. 
Individuals and States are not included in the definition of a small 
entity.
    In addition, section 1102(b) of the Act requires us to prepare a 
regulatory impact analysis if a rule may have a significant impact on 
the operations of a substantial number of small rural hospitals. This 
analysis must conform to the provisions of section 604 of the RFA. With 
the exception of hospitals located in certain New England counties, for 
purposes of section 1102(b) of the Act, we define a small rural 
hospital as a hospital that is located outside of a Metropolitan 
Statistical Area (MSA) or New England County Metropolitan Area (NECMA). 
Section 601(g) of the Social Security Amendments of 1983 (Public Law 
98-21) designated hospitals in certain New England counties as 
belonging to the adjacent NECMA. Thus, for purposes of the hospital 
outpatient prospective payment system, we classify these hospitals as 
urban hospitals.

B. Analysis for Changes in this Interim Final Rule with Comment Period

    We implemented the outpatient prospective payment system on August 
1, 2000 in accordance with the methodology published in the April 7, 
2000 final rule with comment period. In section III.I. of the April 7, 
2000 final rule with comment period (65 FR 18501), we discuss how we 
will update the outpatient prospective payment system on an annual 
basis. We are required under section 1833(t)(3)(C)(ii) of the Act to 
update annually the conversion factor used to determine the APC payment 
rates. We are required under section 1833(t)(8)(A) of the Act to revise 
not less often than annually the wage and other adjustments. 
Accordingly, in this interim final rule with comment period, we are 
updating the conversion factor and the wage index adjustment for 
covered hospital outpatient services furnished beginning January 1, 
2001, using the methodology published in the April 7, 2000 final rule 
with comment period, for which we had previously received comments.
    In section IX.B. of the preamble of the April 7, 2000 final rule 
with comment period, we gave our Office of the Actuary's projection of 
the additional benefit expenditures from the Medicare Part B Trust Fund 
resulting from implementation of the hospital outpatient prospective 
payment system and the hospital outpatient provisions enacted by the 
BBRA 1999. The impact of implementing the hospital outpatient 
prospective payment system on the Medicare program is reflected in the 
table below, which is republished from the April 7, 2000 final rule 
with

[[Page 67829]]

comment period (65 FR 18530). The calendar year 2001 increase in total 
payments to hospitals, which results primarily from the updated 
conversion factor, is already included as part of HCFA's current law 
baseline expenditures for hospital outpatient services under the 
outpatient prospective payment system.

------------------------------------------------------------------------
                                                              Impact (in
                        Fiscal year                           millions)
------------------------------------------------------------------------
2001.......................................................       $3,030
2002.......................................................        3,520
2003.......................................................        4,230
2004.......................................................        4,670
------------------------------------------------------------------------

    We also are updating the existing APC groups to reflect new and 
deleted CPT codes for 2001 and adjusting the groups to reflect more 
recent data as we described in the April 7, 2000 final rule with 
comment period. The provisions of this interim final rule with comment 
period do not measurably alter the effect of the outpatient prospective 
payment system on the groups of hospitals or geographic areas as 
projected in Table 2 of the April 7, 2000 final rule with comment 
period (65 FR 18533-18534).

C. Federalism

    We have examined this interim rule with comment period in 
accordance with Executive Order 13132, Federalism, and have determined 
that it will not have any negative impact on the rights, roles, and 
responsibilities of State, local or Tribal governments.

D. Executive Order 12866 and 5 U.S.C. 804(2)

    The statutory effects of the provisions that are being implemented 
by this interim final rule with comment period result in expenditures 
exceeding $100 million per year. Therefore, this interim final rule 
with comment period is an economically significant rule under Executive 
Order 12866, and a major rule under 5 U.S.C. 804(2).
    In accordance with the provisions of Executive Order 12866, this 
interim final rule with comment period was reviewed by the Office of 
Management and Budget.

List of Subjects in 42 CFR Part 419

    Health facilities, Hospitals, Medicare.


    For the reasons set forth in the preamble, 42 CFR Part 419 is 
amended as set forth below:

PART 419--PROSPECTIVE PAYMENT SYSTEM FOR HOSPITAL OUTPATIENT 
DEPARTMENT SERVICES

    1. The authority citation for Part 419 continues to read as 
follows:

    Authority: Secs. 1102, 1833(t), and 187l of the Social Security 
Act (42 U.S.C. 1302, 1395l(t), and 1395hh).

    2. Section 419.41 is amended by revising paragraph (c)(4)(i) to 
read as follows:


Sec. 419.41  Calculation of national beneficiary coinsurance amounts 
and national Medicare program payment amounts.

* * * * *
    (c) * * *
    (4) * * *
    (i) The coinsurance amount for an APC cannot exceed the amount of 
the inpatient hospital deductible, established in accordance with 
Sec. 409.82 of this chapter, for that year. For purposes of this 
paragraph (c)--
    (A) Effective for drugs and biologicals furnished on or after 
January 1, 2001, the coinsurance amount for multiple APCs for a single 
drug or biological furnished on the same day will be aggregated and 
treated as the coinsurance amount for one APC.
    (B) Effective for drugs and biologicals furnished on or after July 
1, 2001, the coinsurance amount for the APC or APCs for a drug or 
biological furnished on the same day will be aggregated with the 
coinsurance amount for the APC that reflects the administration of the 
drug or biological furnished on that day and treated as the coinsurance 
amount for one APC.
* * * * *

    3. Section 419.70 is amended by revising paragraph (f)(2)(ii) to 
read as follows:


Sec. 419.70  Transitional adjustment to limit decline in payment.

* * * * *
    (f) * * *
    (2) * * *
    (ii) The reasonable cost of these services for this period.
* * * * *

(Catalog of Federal Domestic Assistance Program No. 93.774, 

Medicare'Supplementary Medical Insurance Program)

    Dated: November 1, 2000.
Michael M. Hash,
Acting Administrator, Health Care Financing Administration.
    Approved: November 1, 2000.
Donna E. Shalala,
Secretary.

    Note to the Addenda: The following Addenda A through H will not 
appear in the Code of Federal Regulations.

    Addenda A through H provide various data pertaining to the 
Medicare hospital outpatient prospective payment system. Addendum A 
contains the APCs with title, status indicators, relative weight, 
payment rate, national unadjusted coinsurance, and minimum 
unadjusted coinsurance. Addendum B differs from Addendum A in that 
the APC titles are not listed and both HCPCS codes and descriptions 
appear. Addendum C, entitled "Hospital Outpatient Department (HOPD) 
Payment for Procedures by APC, Calendar Year 2001," is not 
published in this interim final rule with comment period, but will 
be posted on our website at (http://www.hcfa.gov/medlearn/
refopps.htm). Addendum C will display data similar to those 
contained in Addenda A and B, but sorted by APCs with each procedure 
code listed that is assigned to the APC. Addendum D lists the status 
indicators for how various services are treated under the hospital 
outpatient prospective payment system. Addendum E lists the 
procedures that we pay for only in an inpatient setting. Addendum F 
lists the wage index for urban areas, Addendum G lists the wage 
index for rural areas, and Addendum H lists the wage index for 
hospitals that are reclassified.

Addendum A.--List of Hospital Outpatient Ambulatory Payment 
Classification Groups with Status Indicators, Relative Weights, Payment 
Rates, and Coinsurance Amounts

    The payment rate (once wage adjusted) is the total payment to 
the hospital. The coinsurance amount is part of the total payment 
rate.
    Those APCs with status indicators "G" or "J" denote the 
inclusion of drugs that are eligible for pass-through payments. The 
relative weight column for these drug APCs is empty since payment 
for pass-through drugs/biologicals is calculated using the average 
wholesale price for the drug/biological rather than the relative 
weight. Note also that the only coinsurance column that has been 
filled is the minimum unadjusted coinsurance column. The coinsurance 
is applied to the nonpass-through portion of the payment rate for 
the drug/biological.
    Those APCs with status indicator "H" denote the inclusion of 
devices that are eligible for pass-through payments. The relative 
weight, payment rate, and coinsurance columns are not filled for 
these APCs. The relative weight and payment rate columns are empty 
because payment for pass-through devices is determined based on the 
hospital's submitted charges adjusted to cost using the hospital's 
cost-to-charge ratio. This calculation is done in the PRICER. The 
coinsurance columns for these APCs are not filled since the 
coinsurance is applied to the APC that contains the procedure with 
which the pass-through device is used rather than to the device APC.

Addendum B.--Hospital Outpatient Department (HOPD) Payment Status by 
HCPCS Code and Related Information

    The codes listed in this addendum include the 2001 CPT codes as 
published in CPT 2001 by the American Medical Association. Also 
listed are the codes that have been deleted for 2001. These codes 
are denoted in the CPT column with the subscript letter "D". These 
codes are billable through March 31, 2001 for services occurring 
before January 1, 2001. Deleted codes billed after March 31,

[[Page 67830]]

2001 will be rejected. CPT codes appearing for the first time in 
2001 are denoted in the CPT column with bolded print. These codes 
are new for 2001 and are billable effective January 1, 2001.
    All CPT codes that are paid only as inpatient procedures are 
denoted by the status indicator "C". A number of procedures that 
appeared on the inpatient list in the April 7, 2000 final rule with 
comment period are now payable under the hospital outpatient 
prospective payment system. The status indicators for these codes 
have been updated to reflect their current payment status.

  Addendum A.--List of Hospital Outpatient Ambulatory Payment Classifications With Status Indicators, Relative
                       Weights, Payment Rates, and Coinsurance Amounts, Calendar Year 2001
----------------------------------------------------------------------------------------------------------------
                                                                                          National     Minimum
  APC            Group title             Status  indicator      Relative     Payment     unadjusted   unadjusted
                                                                 weight        rate     coinsurance  coinsurance
----------------------------------------------------------------------------------------------------------------
   0001  Photochemotherapy..........  S                              0.47       $23.31        $8.49        $4.66
   0002  Fine needle Biopsy/          T                              0.62       $30.75       $17.66        $6.15
          Aspiration.
   0003  Bone Marrow Biopsy/          T                              0.98       $48.61       $27.99        $9.72
          Aspiration.
   0004  Level I Needle Biopsy/       T                              1.84       $91.26       $32.57       $18.25
          Aspiration Except Bone
          Marrow.
   0005  Level II Needle Biopsy /     T                              5.41      $268.32      $119.75       $53.66
          Aspiration Except Bone
          Marrow.
   0006  Level I Incision & Drainage  T                              2.00       $99.19       $33.95       $19.84
   0007  Level II Incision &          T                              3.68      $182.51       $72.03       $36.50
          Drainage.
   0008  Level III Incision &         T                              6.15      $305.02      $113.67       $61.00
          Drainage.
   0009  Nail Procedures............  T                              0.74       $36.70        $9.63        $7.34
   0010  Level I Destruction of       T                              0.55       $27.28        $9.86        $5.46
          Lesion.
   0011  Level II Destruction of      T                              2.72      $134.90       $50.01       $26.98
          Lesion.
   0012  Level I Debridement &        T                              0.53       $26.29        $9.18        $5.26
          Destruction.
   0013  Level II Debridement &       T                              0.91       $45.13       $17.66        $9.03
          Destruction.
   0014  Level III Debridement &      T                              1.50       $74.39       $24.55       $14.88
          Destruction.
   0015  Level IV Debridement &       T                              1.77       $87.78       $31.20       $17.56
          Destruction.
   0016  Level V Debridement &        T                              3.53      $175.07       $74.67       $35.01
          Destruction.
   0017  Level VI Debridement &       T                             12.45      $617.47      $289.16      $123.49
          Destruction.
   0018  Biopsy Skin, Subcutaneous    T                              0.94       $46.62       $17.66        $9.32
          Tissue or Mucous Membrane.
   0019  Level I Excision/ Biopsy...  T                              4.00      $198.39       $78.91       $39.68
   0020  Level II Excision/ Biopsy..  T                              6.51      $322.87      $130.53       $64.57
   0021  Level III Excision/ Biopsy.  T                             10.49      $520.26      $236.51      $104.05
   0022  Level IV Excision/ Biopsy..  T                             12.49      $619.45      $292.94      $123.89
   0023  Exploration Penetrating      T                              1.98       $98.20       $40.37       $19.64
          Wound.
   0024  Level I Skin Repair........  T                              2.43      $120.51       $44.50       $24.10
   0025  Level II Skin Repair.......  T                              3.74      $185.49       $70.66       $37.10
   0026  Level III Skin Repair......  T                             12.11      $600.61      $277.92      $120.12
   0027  Level IV Skin Repair.......  T                             15.80      $783.62      $383.10      $156.72
   0028  Level I Incision/Excision    T                             12.37      $613.52      $303.74      $122.70
          Breast.
   0029  Level II Incision/Excision   T                             31.39    $1,557.05      $820.79      $311.41
          Breast.
   0030  Breast Reconstruction......  T                             31.11    $1,543.16      $763.55      $308.63
   0032  Placement Transvenous        T                              5.40      $267.82      $119.52       $53.56
          Catheters/Arterial Cutdown.
   0033  Partial Hospitalization....  P                              4.17      $206.82       $48.17       $41.36
   0040  Arthrocentesis & Ligament/   T                              2.11      $104.65       $40.60       $20.93
          Tendon Injection.
   0041  Arthroscopy................  T                             24.57    $1,218.58      $592.08      $243.72
   0042  Arthroscopically-Aided       T                             29.22    $1,449.19      $804.74      $289.84
          Procedures.
   0043  Closed Treatment Fracture    T                              1.64       $81.34       $25.46       $16.27
          Finger/Toe/Trunk.
   0044  Closed Treatment Fracture/   T                              2.17      $107.63       $38.08       $21.53
          Dislocation Except Finger/
          Toe/Trunk.
   0045  Bone/Joint Manipulation      T                             11.02      $546.55      $277.12      $109.31
          Under Anesthesia.
   0046  Open/Percutaneous Treatment  T                             22.29    $1,105.50      $535.76      $221.10
          Fracture or Dislocation.
   0047  Arthroplasty without         T                             22.09    $1,095.58      $537.03      $219.12
          Prosthesis.
   0048  Arthroplasty with            T                             29.06    $1,441.26      $725.94      $288.25
          Prosthesis.
   0049  Level I Musculoskeletal      T                             15.04      $745.93      $356.95      $149.19
          Procedures Except Hand and
          Foot.
   0050  Level II Musculoskeletal     T                             21.13    $1,047.96      $513.86      $209.59
          Procedures Except Hand and
          Foot.
   0051  Level III Musculoskeletal    T                             27.76    $1,376.79      $675.24      $275.36
          Procedures Except Hand and
          Foot.
   0052  Level IV Musculoskeletal     T                             36.16    $1,793.39      $930.91      $358.68
          Procedures Except Hand and
          Foot.
   0053  Level I Hand                 T                             11.32      $561.42      $253.49      $112.28
          Musculoskeletal Procedures.
   0054  Level II Hand                T                             19.66      $975.06      $472.33      $195.01
          Musculoskeletal Procedures.
   0055  Level I Foot                 T                             15.47      $767.26      $355.34      $153.45
          Musculoskeletal Procedures.
   0056  Level II Foot                T                             17.30      $858.02      $405.81      $171.60
          Musculoskeletal Procedures.
   0057  Bunion Procedures..........  T                             21.00    $1,041.52      $496.65      $208.30
   0058  Level I Strapping and Cast   S                              1.09       $54.06       $19.27       $10.81
          Application.
   0059  Level II Strapping and Cast  S                              1.74       $86.30       $29.59       $17.26
          Application.
   0060  Manipulation Therapy.......  S                              0.77       $38.19        $7.80        $7.64
   0070  Thoracentesis/Lavage         T                              3.64      $180.53       $79.60       $36.11
          Procedures.
   0071  Level I Endoscopy Upper      T                              0.55       $27.28       $14.22        $5.46
          Airway.
   0072  Level II Endoscopy Upper     T                              1.26       $62.49       $41.52       $12.50
          Airway.
   0073  Level III Endoscopy Upper    T                              4.11      $203.84       $91.07       $40.77
          Airway.
   0074  Level IV Endoscopy Upper     T                             13.61      $675.00      $347.54      $135.00
          Airway.
   0075  Level V Endoscopy Upper      T                             18.55      $920.01      $467.29      $184.00
          Airway.
   0076  Endoscopy Lower Airway.....  T                              8.06      $399.75      $197.05       $79.95
   0077  Level I Pulmonary Treatment  S                              0.43       $21.33       $12.62        $4.27
   0078  Level II Pulmonary           S                              1.34       $66.46       $29.13       $13.29
          Treatment.
   0079  Ventilation Initiation and   S                              3.18      $157.72      $107.70       $31.54
          Management.
   0080  Diagnostic Cardiac           T                             31.55    $1,564.75      $838.92      $312.95
          Catheterization.
   0081  Non-Coronary Angioplasty or  T                             28.81    $1,428.86      $710.91      $285.77
          Atherectomy.
   0082  Coronary Atherectomy.......  T                             51.01    $2,529.89    $1,351.74      $505.98
   0083  Coronary Angioplasty.......  T                             29.70    $1,473.00      $794.30      $294.60
   0084  Level I Electrophysiologic   S                             10.70      $530.68      $177.79      $106.14
          Evaluation.
   0085  Level II Electrophysiologic  S                             27.06    $1,342.07      $654.48      $268.41
          Evaluation.
   0086  Ablate Heart Dysrhythm       S                             47.62    $2,361.76    $1,265.37      $472.35
          Focus.
   0087  Cardiac Electrophysiologic   S                              9.53      $472.65      $214.72       $94.53
          Recording/Mapping.
   0088  Thrombectomy...............  T                             26.49    $1,313.80      $678.68      $262.76

[[Page 67831]]


   0089  Insertion/Replacement of     T                             78.45    $3,890.81    $2,275.19      $778.16
          Permanent Pacemaker and
          Electrodes.
   0090  Insertion/Replacement of     T                             78.28    $3,882.37    $2,133.88      $776.47
          Pacemaker Pulse Generator.
   0091  Level I Vascular Ligation..  T                             14.79      $733.52      $348.23      $146.70
   0092  Level II Vascular Ligation.  T                             20.21    $1,002.34      $505.37      $200.47
   0093  Vascular Repair/Fistula      T                             12.82      $635.82      $277.34      $127.16
          Construction.
   0094  Resuscitation and            S                              4.51      $223.68      $105.29       $44.74
          Cardioversion.
   0095  Cardiac Rehabilitation.....  S                              0.64       $31.74       $16.98        $6.35
   0096  Non-Invasive Vascular        S                              2.06      $102.16       $61.48       $20.43
          Studies.
   0097  Cardiac Monitoring for 30    X                              1.62       $80.35       $62.40       $16.07
          days.
   0098  Injection of Sclerosing      T                              1.19       $59.02       $20.88       $11.80
          Solution.
   0099  Electrocardiograms.........  S                              0.38       $18.85       $14.68        $3.77
   0100  Stress Tests and Continuous  X                              1.70       $84.32       $71.57       $16.86
          ECG.
   0101  Tilt Table Evaluation......  S                              4.47      $221.70      $128.84       $44.34
   0102  Electronic Analysis of       S                              0.45       $22.32       $12.62        $4.46
          Pacemakers/other Devices.
   0103  Miscellaneous Vascular       T                             13.09      $649.21      $295.70      $129.84
          Procedures.
   0104  Transcatheter Placement of   T                             14.94      $740.96      $339.51      $148.19
          Intracoronary Stents.
   0105  Revision/Removal of          T                             15.06      $746.92      $372.32      $149.38
          Pacemakers, AICD, or
          Vascular Device.
   0106  Insertion/Replacement/       T                             18.96      $940.34      $503.07      $188.07
          Repair of Pacemaker
          Electrodes.
   0107  Insertion of Cardioverter-   T                            147.51    $7,315.91    $5,086.37    $1,463.18
          Defibrillator.
   0108  Insertion/Replacement/       T                            210.84   $10,456.84    $5,484.72    $2,091.37
          Repair of Cardioverter-
          Defibrillator Leads.
   0109  Removal of Implanted         T                              6.53      $323.86      $133.51       $64.77
          Devices.
   0110  Transfusion................  S                              5.83      $289.15      $122.73       $57.83
   0111  Blood Product Exchange.....  S                             14.17      $702.77      $300.74      $140.55
   0112  Extracorporeal               S                             39.60    $1,964.01      $663.65      $392.80
          Photopheresis.
   0113  Excision Lymphatic System..  T                             13.89      $688.89      $326.55      $137.78
   0114  Thyroid/Lymphadenectomy      T                             19.56      $970.10      $493.78      $194.02
          Procedures.
   0115  Cannula/Access Device        T                             19.34      $959.19      $506.74      $191.84
          Procedures.
   0116  Chemotherapy Administration  S                              2.34      $116.06       $23.21       $23.21
          by Other Technique Except
          Infusion.
   0117  Chemotherapy Administration  S                              1.84       $91.26       $71.80       $18.25
          by Infusion Only.
   0118  Chemotherapy Administration  S                              2.90      $143.83       $72.03       $28.77
          by Both Infusion and Other
          Technique.
   0119  Implantation of Devices....  T                              9.87      $489.59      $161.50       $97.92
   0120  Infusion Therapy Except      T                              1.66       $82.33       $42.67       $16.47
          Chemotherapy.
   0121  Level I Tube changes and     T                              2.36      $117.05       $52.53       $23.41
          Repositioning.
   0122  Level II Tube changes and    T                              5.04      $249.96      $114.93       $49.99
          Repositioning.
   0123  Bone Marrow Harvesting and   S                              4.13      $204.83       $40.97       $40.97
          Bone Marrow/Stem Cell
          Transplant.
   0124  Revision of Implanted        T                              2.55      $126.64       $81.36       $25.33
          Infusion Pump.
   0130  Level I Laparoscopy........  T                             25.36    $1,257.75      $659.53      $251.55
   0131  Level II Laparoscopy.......  T                             41.81    $2,073.61    $1,089.88      $414.72
   0132  Level III Laparoscopy......  T                             48.91    $2,425.74    $1,239.22      $485.15
   0140  Esophageal Dilation without  T                              4.74      $235.09      $107.24       $47.02
          Endoscopy.
   0141  Upper GI Procedures........  T                              7.15      $354.61      $184.67       $70.92
   0142  Small Intestine Endoscopy..  T                              7.45      $369.49      $162.42       $73.90
   0143  Lower GI Endoscopy.........  T                              7.98      $395.78      $199.12       $79.16
   0144  Diagnostic Anoscopy........  T                              2.23      $110.60       $49.32       $22.12
   0145  Therapeutic Anoscopy.......  T                              7.46      $369.98      $179.39       $74.00
   0146  Level I Sigmoidoscopy......  T                              2.83      $140.36       $65.15       $28.07
   0147  Level II Sigmoidoscopy.....  T                              6.26      $310.47      $149.11       $62.09
   0148  Level I Anal/Rectal          T                              2.34      $116.06       $43.59       $23.21
          Procedure.
   0149  Level II Anal/Rectal         T                             12.86      $637.80      $293.06      $127.56
          Procedure.
   0150  Level III Anal/Rectal        T                             17.68      $876.86      $437.12      $175.37
          Procedure.
   0151  Endoscopic Retrograde        T                             10.53      $522.25      $245.46      $104.45
          Cholangio-Pancreatography
          (ERCP).
   0152  Percutaneous Biliary         T                              8.22      $407.68      $207.38       $81.54
          Endoscopic Procedures.
   0153  Peritoneal and Abdominal     T                             19.62      $973.08      $496.31      $194.62
          Procedures.
   0154  Hernia/Hydrocele Procedures  T                             22.43    $1,112.45      $556.98      $222.49
   0157  Colorectal Cancer            S                              1.79       $88.78  ...........       $22.19
          Screening: Barium Enema.
   0158  Colorectal Cancer            S                              7.98      $395.78  ...........       $98.94
          Screening: Colonoscopy.
   0159  Colorectal Cancer            S                              2.83      $140.36  ...........       $35.09
          Screening: Flexible
          Sigmoidoscopy.
   0160  Level I Cystourethroscopy    T                              5.43      $269.30      $110.11       $53.86
          and other Genitourinary
          Procedures.
   0161  Level II Cystourethroscopy   T                             10.94      $542.58      $249.36      $108.52
          and other Genitourinary
          Procedures.
   0162  Level III Cystourethroscopy  T                             17.49      $867.44      $427.49      $173.49
          and other Genitourinary
          Procedures.
   0163  Level IV Cystourethroscopy   T                             28.98    $1,437.30      $792.58      $287.46
          and other Genitourinary
          Procedures.
   0164  Level I Urinary and Anal     T                              2.17      $107.64       $33.03       $21.53
          Procedures.
   0165  Level II Urinary and Anal    T                              3.89      $192.92       $91.76       $38.58
          Procedures.
   0166  Level I Urethral Procedures  T                             10.17      $504.39      $218.73      $100.88
   0167  Level II Urethral            T                             21.06    $1,044.50      $555.84      $208.90
          Procedures.
   0168  Level III Urethral           T                             24.94    $1,236.93      $536.11      $247.39
          Procedures.
   0169  Lithotripsy................  T                             46.72    $2,317.13    $1,384.20      $463.43
   0170  Dialysis for Other Than      S                              6.68      $331.30       $72.26       $66.26
          ESRD Patients.
   0180  Circumcision...............  T                             13.62      $675.49      $304.87      $135.10
   0181  Penile Procedures..........  T                             32.37    $1,605.43      $906.36      $321.09
   0182  Insertion of Penile          T                             52.11    $2,584.45    $1,525.05      $516.89
          Prosthesis.
   0183  Testes/Epididymis            T                             18.26      $905.62      $448.94      $181.12
          Procedures.
   0184  Prostate Biopsy............  T                              4.94      $245.01      $122.96       $49.00
   0185  Removal or Repair of Penile  T                             32.37    $1,605.43      $906.36      $321.09
          Prosthesis.
   0190  Surgical Hysteroscopy......  T                             17.85      $885.29      $443.89      $177.06
   0191  Level I Female Reproductive  T                              1.19       $59.02       $17.43       $11.80
          Procedures.
   0192  Level II Female              T                              2.38      $118.04       $35.33       $23.61
          Reproductive Procedures.
   0193  Level III Female             T                              8.93      $442.89      $171.13       $88.58
          Reproductive Procedures.

[[Page 67832]]


   0194  Level IV Female              T                             16.21      $803.96      $395.94      $160.79
          Reproductive Procedures.
   0195  Level V Female Reproductive  T                             18.68      $926.46      $483.80      $185.29
          Procedures.
   0196  Dilatation & Curettage.....  T                             14.47      $717.66      $357.98      $143.53
   0197  Infertility Procedures.....  T                              2.40      $119.03       $49.55       $23.81
   0198  Pregnancy and Neonatal Care  T                              1.34       $66.46       $33.03       $13.29
          Procedures.
   0199  Vaginal Delivery...........  T                             11.20      $555.48      $157.83      $111.10
   0200  Therapeutic Abortion.......  T                             13.89      $688.89      $373.23      $137.78
   0201  Spontaneous Abortion.......  T                             13.00      $644.75      $329.65      $128.95
   0210  Spinal Tap.................  T                              3.00      $148.79       $62.40       $29.76
   0211  Level I Nervous System       T                              3.32      $164.66       $74.78       $32.93
          Injections.
   0212  Level II Nervous System      T                              3.64      $180.53       $88.78       $36.11
          Injections.
   0213  Extended EEG Studies and     S                             11.15      $553.00      $290.42      $110.60
          Sleep Studies.
   0214  Electroencephalogram.......  S                              2.32      $115.06       $58.50       $23.01
   0215  Level I Nerve and Muscle     S                              1.15       $57.04       $30.05       $11.41
          Tests.
   0216  Level II Nerve and Muscle    S                              2.87      $142.34       $64.69       $28.47
          Tests.
   0217  Level III Nerve and Muscle   S                              5.87      $291.13      $156.68       $58.23
          Tests.
   0220  Level I Nerve Procedures...  T                             13.96      $692.36      $326.21      $138.47
   0221  Level II Nerve Procedures..  T                             18.36      $910.58      $463.62      $182.12
   0222  Implantation of              T                            124.43    $6,171.23    $2,955.13    $1,234.25
          Neurological Device.
   0223  Implantation of Pain         T                              7.05      $349.65      $154.27       $69.93
          Management Device.
   0224  Implantation of Reservoir/   T                             17.89      $887.27      $453.41      $177.45
          Pump/Shunt.
   0225  Implantation of              T                             17.72      $878.84      $408.33      $175.77
          Neurostimulator Electrodes.
   0226  Implantation of Drug         T                              5.62      $278.73      $109.42       $55.75
          Infusion Reservoir.
   0227  Implantation of Drug         T                             11.17      $553.99      $330.11      $110.80
          Infusion Device.
   0228  Creation of Lumbar           T                             25.06    $1,242.88      $696.46      $248.58
          Subarachnoid Shunt.
   0229  Transcatherter Placement of  T                             34.81    $1,726.44    $1,030.12      $345.29
          Intravascular Shunts.
   0230  Level I Eye Tests..........  S                              0.98       $48.61       $22.48        $9.72
   0231  Level II Eye Tests.........  S                              2.64      $130.94       $59.87       $26.19
   0232  Level I Anterior Segment     T                              6.04      $299.56      $134.66       $59.91
          Eye.
   0233  Level II Anterior Segment    T                             13.79      $683.93      $331.60      $136.79
          Eye.
   0234  Level III Anterior Segment   T                             20.64    $1,023.66      $502.16      $204.73
          Eye Procedures.
   0235  Level I Posterior Segment    T                              2.94      $145.81       $78.91       $29.16
          Eye Procedures.
   0236  Level II Posterior Segment   T                              6.70      $332.29      $147.96       $66.46
          Eye Procedures.
   0237  Level III Posterior Segment  T                             33.96    $1,684.28      $852.68      $336.86
          Eye Procedures.
   0238  Level I Repair and Plastic   T                              2.80      $138.87       $58.96       $27.77
          Eye Procedures.
   0239  Level II Repair and Plastic  T                              6.26      $310.47      $123.42       $62.09
          Eye Procedures.
   0240  Level III Repair and         T                             13.47      $668.06      $315.31      $133.61
          Plastic Eye Procedures.
   0241  Level IV Repair and Plastic  T                             16.60      $823.30      $384.47      $164.66
          Eye Procedures.
   0242  Level V Repair and Plastic   T                             23.70    $1,175.42      $597.36      $235.08
          Eye Procedures.
   0243  Strabismus/Muscle            T                             17.99      $892.23      $431.39      $178.45
          Procedures.
   0244  Corneal Transplant.........  T                             32.88    $1,630.72      $851.42      $326.14
   0245  Cataract Procedures without  T                             26.55    $1,316.77      $623.85      $263.35
          IOL Insert.
   0246  Cataract Procedures with     T                             26.55    $1,316.77      $623.85      $263.35
          IOL Insert.
   0247  Laser Eye Procedures Except  T                              4.89      $242.52      $112.86       $48.50
          Retinal.
   0248  Laser Retinal Procedures...  T                              4.19      $207.81       $94.05       $41.56
   0250  Nasal Cauterization/Packing  T                              2.21      $109.61       $38.54       $21.92
   0251  Level I ENT Procedures.....  T                              1.68       $83.32       $27.99       $16.66
   0252  Level II ENT Procedures....  T                              5.18      $256.90      $114.24       $51.38
   0253  Level III ENT Procedures...  T                             12.02      $596.14      $284.00      $119.23
   0254  Level IV ENT Procedures....  T                             12.45      $617.47      $272.41      $123.49
   0256  Level V ENT Procedures.....  T                             25.40    $1,259.74      $623.05      $251.95
   0258  Tonsil and Adenoid           T                             18.62      $923.48      $462.81      $184.70
          Procedures.
   0260  Level I Plain Film Except    X                              0.79       $39.18       $22.02        $7.84
          Teeth.
   0261  Level II Plain Film Except   X                              1.38       $68.44       $38.77       $13.69
          Teeth Including Bone
          Density Measurement.
   0262  Plain Film of Teeth........  X                              0.40       $19.83       $10.90        $3.97
   0263  Level I Miscellaneous        X                              1.68       $83.32       $45.88       $16.66
          Radiology Procedures.
   0264  Level II Miscellaneous       X                              3.83      $189.96      $108.97       $37.99
          Radiology Procedures.
   0265  Level I Diagnostic           S                              1.17       $58.03       $38.08       $11.61
          Ultrasound Except Vascular.
   0266  Level II Diagnostic          S                              1.79       $88.78       $57.35       $17.76

          Ultrasound Except Vascular.
   0267  Vascular Ultrasound........  S                              2.72      $134.90       $80.06       $26.98
   0268  Guidance Under Ultrasound..  X                              2.23      $110.60       $69.51       $22.12
   0269  Echocardiogram Except        S                              4.40      $218.22      $114.01       $43.64
          Transesophageal.
   0270  Transesophageal              S                              5.55      $275.25      $150.26       $55.05
          Echocardiogram.
   0271  Mammography................  S                              0.70       $34.72       $19.50        $6.94
   0272  Level I Fluoroscopy........  X                              1.40       $69.43       $39.00       $13.89
   0273  Level II Fluoroscopy.......  X                              2.49      $123.49       $61.02       $24.70
   0274  Myelography................  S                              4.83      $239.55      $128.12       $47.91
   0275  Arthrography...............  S                              2.74      $135.89       $72.26       $27.18
   0276  Level I Digestive Radiology  S                              1.79       $88.78       $49.78       $17.76
   0277  Level II Digestive           S                              2.47      $122.50       $69.28       $24.50
          Radiology.
   0278  Diagnostic Urography.......  S                              2.85      $141.35       $81.67       $28.27
   0279  Level I Angiography and      S                              6.30      $312.46      $174.57       $62.49
          Venography except
          Extremity.
   0280  Level II Angiography and     S                             14.98      $742.95      $380.12      $148.59
          Venography except
          Extremity.
   0281  Venography of Extremity....  S                              4.40      $218.22      $115.16       $43.64
   0282  Level I Computerized Axial   S                              2.38      $118.04       $94.51       $23.61
          Tomography.
   0283  Level II Computerized Axial  S                              4.89      $242.52      $179.39       $48.50
          Tomography.
   0284  Magnetic Resonance Imaging.  S                              8.02      $397.76      $257.39       $79.55
   0285  Positron Emission            S                             15.06      $746.92      $415.21      $149.38
          Tomography (PET).

[[Page 67833]]


   0286  Myocardial Scans...........  S                              7.28      $361.06      $200.04       $72.21
   0290  Standard Non-Imaging         S                              1.94       $96.21       $55.51       $19.24
          Nuclear Medicine.
   0291  Level I Diagnostic Nuclear   S                              3.15      $156.22       $93.14       $31.24
          Medicine Excluding
          Myocardial Scans.
   0292  Level II Diagnostic Nuclear  S                              4.36      $216.24      $126.63       $43.25
          Medicine Excluding
          Myocardial Scans.
   0294  Level I Therapeutic Nuclear  S                              5.13      $254.43      $144.06       $50.89
          Medicine.
   0295  Level II Therapeutic         S                             19.85      $984.48      $609.17      $196.90
          Nuclear Medicine.
   0296  Level I Therapeutic          S                              3.57      $177.06      $100.25       $35.41
          Radiologic Procedures.
   0297  Level II Therapeutic         S                              6.13      $304.03      $172.51       $60.81
          Radiologic Procedures.
   0300  Level I Radiation Therapy..  S                              1.98       $98.20       $47.72       $19.64
   0301  Level II Radiation Therapy.  S                              2.21      $109.61       $52.53       $21.92
   0302  Level III Radiation Therapy  S                              8.21      $407.18      $216.55       $81.44
   0303  Treatment Device             X                              2.83      $140.36       $69.28       $28.07
          Construction.
   0304  Level I Therapeutic          X                              1.49       $73.90       $41.52       $14.78
          Radiation Treatment
          Preparation.
   0305  Level II Therapeutic         X                              4.06      $201.36       $97.50       $40.27
          Radiation Treatment
          Preparation.
   0310  Level III Therapeutic        X                             13.98      $693.35      $339.05      $138.67
          Radiation Treatment
          Preparation.
   0311  Radiation Physics Services.  X                              1.32       $65.46       $31.66       $13.09
   0312  Radioelement Applications..  S                              4.09      $202.85      $109.65       $40.57
   0313  Brachytherapy..............  S                              7.89      $391.31      $164.02       $78.26
   0314  Hyperthermic Therapies.....  S                              5.88      $291.62      $150.95       $58.32
   0320  Electroconvulsive Therapy..  S                              3.68      $182.51       $80.06       $36.50
   0321  Biofeedback and Other        S                              1.26       $62.49       $29.25       $12.50
          Training.
   0322  Brief Individual             S                              1.32       $65.46       $14.22       $13.09
          Psychotherapy.
   0323  Extended Individual          S                              1.85       $91.75       $22.48       $18.35
          Psychotherapy.
   0324  Family Psychotherapy.......  S                              1.87       $92.74       $20.19       $18.55
   0325  Group Psychotherapy........  S                              1.55       $76.88       $19.96       $15.38
   0330  Dental Procedures..........  S                              1.51       $74.89       $14.98       $14.98
   0340  Minor Ancillary Procedures.  X                              1.04       $51.58       $12.85       $10.32
   0341  Immunology Tests...........  X                              0.13        $6.44        $3.67        $1.29
   0342  Level I Pathology..........  X                              0.26       $12.90        $8.03        $2.58
   0343  Level II Pathology.........  X                              0.45       $22.32       $12.16        $4.46
   0344  Level III Pathology........  X                              0.79       $39.18       $23.63        $7.84
   0345  Transfusion Laboratory       X                              0.22       $10.92        $5.37        $2.18
          Procedures Level I.
   0346  Transfusion Laboratory       X                              0.51       $25.49       $12.03        $5.10
          Procedures Level II.
   0347  Transfusion Laboratory       X                              0.84       $41.90       $20.13        $8.38
          Procedures Level III.
   0348  Fertility Laboratory         X                              0.52       $25.57        $5.11        $5.11
          Procedures.
   0349  Miscellaneous Laboratory     X                              0.48       $23.65        $4.73        $4.73
          Procedures.
   0354  Administration of Influenza/ K                              0.13        $6.33  ...........  ...........
          Pneumonia Vaccine.
   0355  Level I Immunizations......  K                              0.19        $9.42        $5.05        $1.88
   0356  Level II Immunizations.....  K                              0.36       $17.86        $4.82        $3.57
   0359  Injections.................  X                              0.96       $47.61        $9.52        $9.52
   0360  Level I Alimentary Tests...  X                              1.38       $68.44       $34.75       $13.69
   0361  Level II Alimentary Tests..  X                              3.53      $175.07       $88.09       $35.01
   0362  Fitting of Vision Aids.....  X                              0.51       $25.30        $9.63        $5.06
   0363  Otorhinolaryngologic         X                              2.83      $140.36       $53.22       $28.07
          Function Tests.
   0364  Level I Audiometry.........  X                              0.68       $33.72       $13.31        $6.74
   0365  Level II Audiometry........  X                              1.47       $72.91       $22.48       $14.58
   0367  Level I Pulmonary Test.....  X                              0.83       $41.16       $20.65        $8.23
   0368  Level II Pulmonary Tests...  X                              1.66       $82.33       $42.44       $16.47
   0369  Level III Pulmonary Tests..  X                              2.34      $116.06       $58.50       $23.21
   0370  Allergy Tests..............  X                              0.57       $28.27       $11.81        $5.65
   0371  Allergy Injections.........  X                              0.32       $15.87        $3.67        $3.17
   0372  Therapeutic Phlebotomy.....  X                              0.43       $21.33       $10.09        $4.27
   0373  Neuropsychological Testing.  X                              3.21      $159.20       $44.96       $31.84
   0374  Monitoring Psychiatric       X                              1.17       $58.03       $13.08       $11.61
          Drugs.
   0600  Low Level Clinic Visits....  V                              0.98       $48.61        $9.72        $9.72
   0601  Mid Level Clinic Visits....  V                              1.00       $49.60        $9.92        $9.92
   0602  High Level Clinic Visits...  V                              1.66       $82.33       $16.47       $16.47
   0610  Low Level Emergency Visits.  V                              1.34       $66.46       $20.65       $13.29
   0611  Mid Level Emergency Visits.  V                              2.11      $104.65       $36.47       $20.93
   0612  High Level Emergency Visits  V                              3.19      $158.21       $54.14       $31.64
   0620  Critical Care..............  S                              8.60      $426.53      $152.78       $85.31
   0701  SR 89 chloride, per mCi....  G                       ...........      $783.75  ...........       $95.62
   0702  SM 153 lexidronam, 50 mCi..  G                       ...........      $942.09  ...........      $134.87
   0704  IN 111 Satumomab pendetide   G                       ...........      $712.50  ...........       $86.93
          per dose.
   0705  TC 99M tetrofosmin, per      G                       ...........      $136.80  ...........       $16.69
          dose.
   0725  Leucovorin calcium inj, 50   G                       ...........       $49.73  ...........        $6.66
          mg.
   0726  Dexrazoxane hcl injection,   G                       ...........      $161.11  ...........       $21.59
          250 mg.
   0727  Etidronate disodium inj 300  G                       ...........       $63.65  ...........        $8.53
          mg.
   0728  Filgrastim 300 mcg           G                       ...........      $171.38  ...........       $22.96
          injection.
   0730  Pamidronate disodium, 30 mg  G                       ...........      $232.51  ...........       $31.16
   0731  Sargramostim injection 50    G                       ...........       $27.42  ...........        $3.67
          mcg.
   0732  Mesna injection 200 mg.....  G                       ...........       $36.51  ...........        $4.89
   0733  Non esrd epoetin alpha inj,  G                       ...........       $11.40  ...........        $1.53
          1000 u.
   0750  Dolasetron mesylate, 10 mg.  G                       ...........       $14.81  ...........        $1.98
   0754  Metoclopramide hcl           G                       ...........        $2.00  ...........        $0.27
          injection up to 10 mg.
   0755  Thiethylperazine maleate     G                       ...........        $5.02  ...........        $0.67
          inj up to 10 mg.
   0761  Unspecified oral anti-       G                       ...........        $0.60  ...........        $0.08
          emetic.
   0762  Dronabinol 2.5mg oral......  G                       ...........        $3.20  ...........        $0.48

[[Page 67834]]


   0763  Dolasetron mesylate oral,    G                       ...........       $65.21  ...........        $8.74
          100 mg.
   0764  Granisetron hcl injection    G                       ...........        $1.85  ...........        $0.25
          100 mcg.
   0765  Granisetron hcl 1 mg oral..  G                       ...........       $44.70  ...........        $5.99
   0768  Ondansetron hcl injection 1  G                       ...........        $6.09  ...........        $0.82
          mg.
   0769  Ondansetron hcl 8mg oral...  G                       ...........       $25.15  ...........        $3.37
   0800  Leuprolide acetate, 3.75 mg  G                       ...........      $492.71  ...........       $63.27
   0801  Cyclophosphamide oral 25 mg  G                       ...........        $2.12  ...........        $0.28
   0802  Etoposide oral 50 mg.......  G                       ...........       $45.95  ...........        $6.16
   0803  Melphalan oral 2 mg........  G                       ...........        $2.07  ...........        $0.28
   0807  Aldesleukin/single use vial  G                       ...........      $569.76  ...........       $76.35
   0809  Bcg live intravesical vac..  G                       ...........      $159.39  ...........       $19.45
   0810  Goserelin acetate implant    G                       ...........      $446.49  ...........       $59.83
          3.6 mg.
   0811  Carboplatin injection 50 mg  G                       ...........       $98.90  ...........       $13.25
   0812  Carmus bischl nitro inj 100  G                       ...........      $103.27  ...........       $13.84
          mg.
   0813  Cisplatin 10 mg injection..  G                       ...........       $42.18  ...........        $5.65
   0814  Asparaginase injection       G                       ...........       $57.41  ...........        $7.69
          10,000 u.
   0815  Cyclophosphamide 100 mg inj  G                       ...........        $6.13  ...........        $0.82
   0816  Cyclophosphamide             G                       ...........        $6.13  ...........        $0.82
          lyophilized 100 mg.
   0817  Cytarabine hcl 100 mg inj..  G                       ...........        $5.94  ...........        $0.80
   0818  Dactinomycin 0.5 mg........  G                       ...........       $12.73  ...........        $1.71
   0819  Dacarbazine 10 mg inj......  G                       ...........        $1.13  ...........        $0.15
   0820  Daunorubicin 10 mg.........  G                       ...........       $80.04  ...........       $10.73
   0821  Daunorubicin citrate         G                       ...........       $64.60  ...........        $8.66
          liposom 10 mg.
   0822  Diethylstilbestrol           G                       ...........        $4.20  ...........        $0.56
          injection 250 mg.
   0823  Docetaxel, 20 mg...........  G                       ...........      $283.65  ...........       $38.01
   0824  Etoposide 10 mg inj........  G                       ...........        $4.06  ...........        $0.54
   0826  Methotrexate Oral 2.5 mg...  G                       ...........        $2.92  ...........        $0.39
   0827  Floxuridine injection 500    G                       ...........      $129.56  ...........       $17.36
          mg.
   0828  Gemcitabine HCL 200 mg.....  G                       ...........       $88.46  ...........       $11.85
   0830  Irinotecan injection 20 mg.  G                       ...........      $117.81  ...........       $15.79
   0831  Ifosfomide injection 1 gm..  G                       ...........      $141.50  ...........       $18.96
   0832  Idarubicin hcl injection 5   G                       ...........      $341.38  ...........       $45.75
          mg.
   0833  Interferon alfacon-1, 1 mcg  G                       ...........        $3.91  ...........        $0.52
   0834  Interferon alfa-2a inj       G                       ...........       $33.22  ...........        $4.45
          recombinant 3 million u.
   0836  Interferon alfa-2b inj       G                       ...........       $11.28  ...........        $1.51
          recombinant, 1 million.
   0838  Interferon gamma 1-b inj, 3  G                       ...........      $199.50  ...........       $26.73
          million u.
   0839  Mechlorethamine hcl inj 10   G                       ...........       $11.01  ...........        $1.48
          mg.
   0840  Melphalan hydrochl 50 mg...  G                       ...........      $363.48  ...........       $48.71
   0841  Methotrexate sodium inj 5    G                       ...........        $0.45  ...........        $0.06
          mg.
   0842  Fludarabine phosphate inj    G                       ...........      $237.03  ...........       $31.76
          50 mg.
   0843  Pegaspargase, singl dose     G                       ...........    $1,321.65  ...........      $177.10
          vial.
   0844  Pentostatin injection, 10    G                       ...........    $1,562.75  ...........      $209.41
          mg.
   0847  Doxorubicin hcl 10 mg vl     G                       ...........       $15.79  ...........        $2.12
          chemo.
   0849  Rituximab, 100 mg..........  G                       ...........      $420.29  ...........       $56.32
   0850  Streptozocin injection, 1    G                       ...........       $65.79  ...........        $8.82
          gm.
   0851  Thiotepa injection, 15 mg..  G                       ...........      $100.30  ...........       $13.44
   0852  Topotecan, 4 mg............  G                       ...........      $573.75  ...........       $76.88
   0853  Vinblastine sulfate inj, 1   G                       ...........        $4.11  ...........        $0.55
          mg.
   0854  Vincristine sulfate 1 mg     G                       ...........       $30.16  ...........        $4.04
          inj.
   0855  Vinorelbine tartrate, 10 mg  G                       ...........       $75.51  ...........       $10.12
   0856  Porfimer sodium, 75 mg.....  G                       ...........    $2,603.67  ...........      $348.89
   0857  Bleomycin sulfate injection  G                       ...........      $294.48  ...........       $39.46
          15 u.
   0858  Cladribine, 1mg............  G                       ...........       $53.47  ...........        $7.16
   0859  Fluorouracil injection 500   G                       ...........        $2.75  ...........        $0.37
          mg.
   0860  Plicamycin (mithramycin)     G                       ...........       $93.80  ...........       $12.57
          inj 2.5 mg.
   0861  Leuprolide acetate           G                       ...........       $22.90  ...........        $3.07
          injection 1 mg.
   0862  Mitomycin 5 mg inj.........  G                       ...........      $121.65  ...........       $16.30
   0863  Paclitaxel injection, 30 mg  G                       ...........      $173.50  ...........       $23.25
   0864  Mitoxantrone hcl, 5 mg.....  G                       ...........      $223.02  ...........       $29.88
   0865  Interferon alfa-n3 inj,      G                       ...........        $7.86  ...........        $1.05
          human leukocyte derived,
          250,000 iu.
   0884  Rho d immune globulin inj,   G                       ...........       $35.91  ...........        $4.38
          1 dose pkg.
   0886  Azathioprine oral 50mg.....  G                       ...........        $1.24  ...........        $0.17
   0887  Azathioprine parenteral 100  G                       ...........       $67.88  ...........        $9.10
          mg.
   0888  Cyclosporine oral 100 mg...  G                       ...........        $5.80  ...........        $0.78
   0889  Cyclosporin parenteral       G                       ...........       $15.81  ...........        $2.12
          250mg.
   0890  Lymphocyte immune globulin   G                       ...........      $249.13  ...........       $30.39
          250 mg.
   0891  Tacrolimus oral per 1 mg...  G                       ...........        $2.66  ...........        $0.36
   0900  Alglucerase injection, per   G                       ...........       $37.53  ...........        $5.03
          10 u.
   0901  Alpha 1 proteinase           G                       ...........        $2.09  ...........        $0.28
          inhibitor, 10 mg.
   0902  Botulinum toxin a, per unit  G                       ...........        $4.39  ...........        $0.59
   0903  Cytomegalovirus imm IV,      G                       ...........      $370.50  ...........       $49.65
          vial.
   0905  Immune globulin 500 mg.....  G                       ...........       $27.28  ...........        $3.33
   0906  RSV-ivig, 50 mg............  G                       ...........      $427.73  ...........       $57.32
   0907  Ganciclovir Sodium 500 mg    K                              0.45       $22.26  ...........        $4.45
          injection.
   0908  Tetanus immune globulin inj  G                       ...........      $102.60  ...........       $13.75
          up to 250 u.
   0909  Interferon beta-1a, 33 mcg.  G                       ...........      $204.73  ...........       $27.43
   0910  Interferon beta-1b, .25 mg.  G                       ...........       $57.00  ...........        $7.64
   0911  Streptokinase per 250,000    K                              1.76       $87.25  ...........       $17.45
          iu.

[[Page 67835]]


   0913  Ganciclovir long act         G                       ...........    $4,750.00  ...........      $636.50
          implant 4.5 mg.
   0914  Reteplase, per 37.6mg......  G                       ...........    $2,612.50  ...........      $350.08
   0915  Alteplase inj rec, per 10    K                              3.80      $188.46  ...........       $37.69
          mg.
   0916  Imiglucerase, unit.........  G                       ...........        $3.75  ...........        $0.50
   0917  Pharmacologic stressors....  K                              0.36       $17.86  ...........        $3.57
   0918  Brachytherapy Seeds, Any     H                       ...........  ...........  ...........  ...........
          type, Each.
   0925  Factor viii per iu.........  G                       ...........        $0.88  ...........        $0.12
   0926  Factor VIII (porcine) per    G                       ...........        $2.09  ...........        $0.28
          iu.
   0927  Factor viii recombinant per  G                       ...........        $1.17  ...........        $0.16
          iu.
   0928  Factor ix complex per iu...  G                       ...........         $.71  ...........        $0.10
   0929  Anti-inhibitor per iu......  G                       ...........        $1.43  ...........        $0.19
   0930  Antithrombin iii injection   G                       ...........         $.82  ...........        $0.11
          per iu.
   0931  Factor IX non-recombinant,   G                       ...........        $0.72  ...........        $0.10
          per iu.
   0932  Factor IX recombinant, per   G                       ...........        $1.12  ...........        $0.10
          iu.
   0949  Plasma, Pooled Multiple      K                              2.94      $145.76  ...........       $29.15
          Donor, Solvent/Detergent
          Treated, Frozen.
   0950  Blood (Whole) For            K                              2.08      $103.33  ...........       $20.67
          Transfusion.
   0952  Cryoprecipitate............  K                              0.70       $34.70  ...........        $6.94
   0953  Fibrinogen Unit............  K                              0.48       $23.80  ...........        $4.76
   0954  RBC Leukocytes Reduced.....  K                              2.83      $140.35  ...........       $28.07
   0955  Plasma, Fresh Frozen.......  K                              2.26      $111.85  ...........       $22.37
   0956  Plasma Protein Fraction....  K                              1.26       $62.49  ...........       $12.50
   0957  Platelet Concentrate.......  K                              0.98       $48.55  ...........        $9.71
   0958  Platelet Rich Plasma.......  K                              1.16       $57.54  ...........       $11.51
   0959  Red Blood Cells............  K                              2.04      $101.31  ...........       $20.26
   0960  Washed Red Blood Cells.....  K                              3.81      $188.75  ...........       $37.75
   0961  Infusion, Albumin (Human)    K                              2.77      $137.38  ...........       $27.48
          5%, 500 ml.
   0962  Infusion, Albumin (Human)    K                              1.38       $68.44  ...........       $13.69
          25%, 50 ml.
   0970  New Technology-- I ($0-$50)  T                              0.52       $25.79  ...........        $5.16
   0971  New Technology-- II ($50-    S                              1.55       $76.88  ...........       $15.38
          $100).
   0972  New Technology-- III ($100-  T                              3.09      $153.26  ...........       $30.65
          $200).
   0973  New Technology-- IV ($200-   T                              5.16      $255.91  ...........       $51.18
          $300).
   0974  New Technology-- V ($300-    S                              8.25      $409.17  ...........       $81.83
          $500).
   0975  New Technology-- VI ($500-   T                             12.90      $639.79  ...........      $127.96
          $750).
   0976  New Technology-- VII ($750-  S                             18.05      $895.21  ...........      $179.04
          $1000).
   0977  New Technology-- VIII        T                             23.20    $1,150.63  ...........      $230.13
          ($1000-$1250).
   0978  New Technology-- IX ($1250-  T                             28.36    $1,406.54  ...........      $281.31
          $1500).
   0979  New Technology-- X ($1500-   T                             33.51    $1,661.96  ...........      $332.39
          $1750).
   0980  New Technology-- XI ($1750-  T                             38.67    $1,917.89  ...........      $383.58
          $2000).
   0981  New Technology-- XII ($2000- S                             46.40    $2,301.26  ...........      $460.25
          $2500).
   0982  New Technology-- XIII        T                             61.87    $3,068.50  ...........      $613.70
          ($2500-$3500).
   0983  New Technology-- XIV ($3500- T                             87.65    $4,347.09  ...........      $869.42
          $5000).
   0984  New Technology-- XV ($5000-  T                            113.43    $5,625.67  ...........    $1,125.13
          $6000).
   0987  New Device Technology-- I    X                       ...........      $127.86  ...........       $25.57
          ($0-$250).
   0988  New Device Technology-- II   X                       ...........      $383.58  ...........       $76.72
          ($250-$500).
   0989  New Device Technology-- III  X                       ...........      $639.30  ...........      $127.86
          ($500-$750).
   0990  New Device Technology-- IV   X                       ...........      $895.01  ...........      $179.00
          ($750-$1000).
   0991  New Device Technology-- V    X                       ...........    $1,278.59  ...........      $255.72
          ($1000-$1500).
   0992  New Device Technology-- VI   X                       ...........    $1,790.03  ...........      $358.01
          ($1500-$2000).
   0993  New Device Technology-- VII  X                       ...........    $2,557.18  ...........      $511.44
          ($2000-$3000).
   0994  New Device Technology--      X                       ...........    $3,580.05  ...........      $716.01
          VIII ($3000-$4000).
   0995  New Device Technology-- IX   X                       ...........    $4,602.92  ...........      $920.58
          ($4000-$5000).
   0996  New Device Technology-- X    X                       ...........    $6,137.23  ...........    $1,227.45
          ($5000-$7000).
   0997  New Device Technology-- XI   X                       ...........    $8,182.98  ...........    $1,636.60
          ($7000-$9000).
   1000  Perclose Closer Prostar      H                       ...........  ...........  ...........  ...........
          Arterial Vascular Closure.
   1001  AcuNav-diagnstic ultrsnd ca  H                       ...........  ...........  ...........  ...........
   1002  Cochlear Implant System....  H                       ...........  ...........  ...........  ...........
   1003  Cath, ablation, Livewire TC  H                       ...........  ...........  ...........  ...........
   1004  Fast-Cath,Swartz,SAFL,CSTA.  H                       ...........  ...........  ...........  ...........
   1006  ARRAY post chamb IOL.......  H                       ...........  ...........  ...........  ...........
   1007  Ams 700 penile prosthesis..  H                       ...........  ...........  ...........  ...........
   1008  Urolume-implt urethral       H                       ...........  ...........  ...........  ...........
          stent.
   1009  Plasma, cryoprecipitate-     K                              0.86       $42.76  ...........        $8.55
          reduced, unit.
   1010  Blood, L/R, CMV-neg........  K                              2.88      $142.84  ...........       $28.57
   1011  Platelets, L/R, CMV-neg,     K                             11.86      $588.15  ...........      $117.63
          unit.
   1012  Platelet concentrate, L/R,   K                              1.92       $95.23  ...........       $19.05
          irradiated, unit.
   1013  Platelet concentrate, L/R,   K                              1.18       $58.30  ...........       $11.66
          unit.
   1014  Platelets, aph/pher, L/R,    K                              8.93      $443.11  ...........       $88.62
          unit.
   1016  Blood, L/R, froz/deglycerol/ K                              7.15      $354.68  ...........       $70.94
          washed.
   1017  Platelets, aph/pher, L/R,    K                              9.33      $462.54  ...........       $92.51
          CMV-neg, unit.
   1018  Blood, L/R, irradiated.....  K                              3.13      $155.48  ...........       $31.10
   1019  Platelets, aph/pher, L/R,    K                              9.64      $478.09  ...........       $95.62
          irradiated, unit.
   1024  Quinupristin 150 mg/         J                       ...........      $102.05  ...........       $13.67
          dalfopriston 350 mg.
   1025  Marinr CS catheter.........  H                       ...........  ...........  ...........  ...........
   1026  RF Perfrmr cath 5F RF        H                       ...........  ...........  ...........  ...........
          Marinr.
   1027  Magic x/short, Radius14mm..  H                       ...........  ...........  ...........  ...........
   1028  Prcis Twst trnsvg anch sys.  H                       ...........  ...........  ...........  ...........
   1029  CRE guided balloon dil cath  H                       ...........  ...........  ...........  ...........
   1030  Cthtr:Mrshal,Blu Max Utr     H                       ...........  ...........  ...........  ...........
          Dmnd.

[[Page 67836]]


   1033  Sonicath mdl 37-410........  H                       ...........  ...........  ...........  ...........
   1034  SURPASS, Long30 SURPASS-     H                       ...........  ...........  ...........  ...........
          cath.
   1035  Cath, Ultra ICE............  H                       ...........  ...........  ...........  ...........
   1036  R port/reservoir impl dev..  H                       ...........  ...........  ...........  ...........
   1037  Vaxcelchronic dialysis cath  H                       ...........  ...........  ...........  ...........
   1038  UltraCross Imaging Cath....  H                       ...........  ...........  ...........  ...........
   1039  Wallstent/RP: Trach........  H                       ...........  ...........  ...........  ...........
   1040  Wallstent/RP TIPS--20/40/60  H                       ...........  ...........  ...........  ...........
   1042  Wallstent, UltraFlex: Bil..  H                       ...........  ...........  ...........  ...........
   1043  Atherectomy sys, coronary..  H                       ...........  ...........  ...........  ...........
   1045  I-131 MIBG (ioben-sulfate)   G                       ...........    $1,140.00  ...........      $139.08
          O.5mCi.
   1047  Navi-Star, Noga-Star cath..  H                       ...........  ...........  ...........  ...........
   1048  NeuroCyberneticPros: gen...  H                       ...........  ...........  ...........  ...........
   1051  Oasis Thrombectomy Cath....  H                       ...........  ...........  ...........  ...........
   1053  EnSite 3000 catheter.......  H                       ...........  ...........  ...........  ...........
   1054  Hydrolyser Thromb Cath 6/7F  H                       ...........  ...........  ...........  ...........
   1055  Transesoph 210, 210-S Cath.  H                       ...........  ...........  ...........  ...........
   1056  Thermachoice II Cath.......  H                       ...........  ...........  ...........  ...........
   1057  Micromark Tissue Marker....  H                       ...........  ...........  ...........  ...........
   1059  Carticel,auto cult-chndr     G                       ...........   $14,250.00  ...........    $2,010.00
          cyte.
   1060  ACS multi-link tristor       H                       ...........  ...........  ...........  ...........
          stent.
   1061  ACS Viking Guiding cath....  H                       ...........  ...........  ...........  ...........
   1063  EndoTak Endurance EZ, RX     H                       ...........  ...........  ...........  ...........
          leads.
   1067  Megalink biliary stent.....  H                       ...........  ...........  ...........  ...........
   1068  Pulsar DDD pmkr............  H                       ...........  ...........  ...........  ...........
   1069  Discovery DR, pmaker.......  H                       ...........  ...........  ...........  ...........
   1071  Pulsar Max, Pulsar SR pmkr.  H                       ...........  ...........  ...........  ...........
   1072  Guidant: blln dil cath.....  H                       ...........  ...........  ...........  ...........
   1073  Gynecare Morcellator.......  H                       ...........  ...........  ...........  ...........
   1074  RX/OTW Viatrac-peri dil      H                       ...........  ...........  ...........  ...........
          cath.
   1075  Guidant: lead..............  H                       ...........  ...........  ...........  ...........
   1076  Ventak mini sc defib.......  H                       ...........  ...........  ...........  ...........
   1077  Ventak VR Prizm VR, sc       H                       ...........  ...........  ...........  ...........
          defib.
   1078  Ventak: Prizm, AVIIIDR       H                       ...........  ...........  ...........  ...........
          defib.
   1079  CO 57/58 0.5 mCi...........  G                       ...........      $264.10  ...........       $32.22
   1084  Denileukin diftitox, 300     G                       ...........      $942.88  ...........      $126.35
          mcg.
   1086  Temozolomide, 5 mg.........  G                       ...........        $5.70  ...........        $0.76
   1087  I-123 per uCi capsule......  G                       ...........        $0.84  ...........        $0.10
   1089  CO 57, 0.5 mCi.............  G                       ...........       $91.20  ...........       $11.13
   1090  IN 111 Chloride, per mCi...  G                       ...........      $152.00  ...........       $18.54
   1091  IN 111 Oxyquinoline, per 5   G                       ...........      $508.25  ...........       $62.01
          mCi.
   1092  IN 111 Pentetate, per 1.5    G                       ...........      $769.50  ...........       $93.88
          mCi.
   1094  TC 99M Albumin aggr, per     J                       ...........       $34.20  ...........        $4.17
          vial.
   1095  TC 99M Depreotide, per vial  G                       ...........      $760.00  ...........      $101.84
   1096  TC 99M Exametazime, per      G                       ...........      $445.31  ...........       $63.75
          dose.
   1097  TC 99M Mebrofenin, per vial  G                       ...........       $46.76  ...........        $5.71
   1098  TC 99M Pentetate, per vial.  G                       ...........       $22.80  ...........        $2.78
   1099  TC 99M Pyrophosphate, per    J                       ...........       $42.75  ...........        $5.22
          vial.
   1100  Medtronic AVE GT1 guidewire  H                       ...........  ...........  ...........  ...........
   1101  Medtronic AVE, AVE Z2 cath.  H                       ...........  ...........  ...........  ...........
   1102  Synergy Neurostim Genrtr...  H                       ...........  ...........  ...........  ...........
   1103  Micro Jewel Defibrillator..  H                       ...........  ...........  ...........  ...........
   1104  RF Conductor Ablative Cath.  H                       ...........  ...........  ...........  ...........
   1105  Sigma 300VDD pacmker.......  H                       ...........  ...........  ...........  ...........
   1106  SynergyEZ Pt Progrmr.......  H                       ...........  ...........  ...........  ...........
   1107  Torqr, Solist cath.........  H                       ...........  ...........  ...........  ...........
   1108  Reveal Cardiac Recorder....  H                       ...........  ...........  ...........  ...........
   1109  Implantable anchor: Ethicon  H                       ...........  ...........  ...........  ...........
   1110  Stable Mapper, cath electrd  H                       ...........  ...........  ...........  ...........
   1111  AneuRxAort-Uni-              H                       ...........  ...........  ...........  ...........
          Ilicstnt&cath.

   1112  AneuRx Stent graft/del.cath  H                       ...........  ...........  ...........  ...........
   1113  Tlnt Endo Sprng Stnt Grft    H                       ...........  ...........  ...........  ...........
          Sys.
   1114  TalntSprgStnt+Graf endo      H                       ...........  ...........  ...........  ...........
          pros.
   1115  5038S,5038,5038L pace lead.  H                       ...........  ...........  ...........  ...........
   1116  CapSureSP pacing Lead......  H                       ...........  ...........  ...........  ...........
   1117  Ancure Endograft Del Sys...  H                       ...........  ...........  ...........  ...........
   1118  Sigma300DR LegIIDR,pacemkr.  H                       ...........  ...........  ...........  ...........
   1119  Sprint6932,6943 defib lead.  H                       ...........  ...........  ...........  ...........
   1120  Sprint6942,6945 defib lead.  H                       ...........  ...........  ...........  ...........
   1121  Gem defibrillator..........  H                       ...........  ...........  ...........  ...........
   1122  TC 99M arcitumomab per dose  G                       ...........      $926.25  ...........      $124.12
   1123  Gem II VR defibrillator....  H                       ...........  ...........  ...........  ...........
   1124  InterStim Test Stim Kit....  H                       ...........  ...........  ...........  ...........
   1125  Kappa 400SR,Ttopaz II SR     H                       ...........  ...........  ...........  ...........
          pmkr.
   1126  Kappa 700 DR pacemakr......  H                       ...........  ...........  ...........  ...........
   1127  Kappa 700SR,pmkr sgl         H                       ...........  ...........  ...........  ...........
          chamber.
   1128  Kappa 700D,Ruby IID pmkr...  H                       ...........  ...........  ...........  ...........
   1129  Kappa 700VDD,pacmkr........  H                       ...........  ...........  ...........  ...........

[[Page 67837]]


   1130  Sigma 200D,LGCY IID sc pmkr  H                       ...........  ...........  ...........  ...........
   1131  Sigma 200DR, pmker.........  H                       ...........  ...........  ...........  ...........
   1132  Sigma 200SR Leg II:sc pac..  H                       ...........  ...........  ...........  ...........
   1133  Sigma SR, Vita SR, pmaker..  H                       ...........  ...........  ...........  ...........
   1134  Sigma 300D pmker...........  H                       ...........  ...........  ...........  ...........
   1135  Entity DR 5326L/R, DC, pmkr  H                       ...........  ...........  ...........  ...........
   1136  Affinity DR 5330L/R, DC,     H                       ...........  ...........  ...........  ...........
          pmkr.
   1137  CardioSEAL implant syst....  H                       ...........  ...........  ...........  ...........
   1143  AddVent mod 2060BL,VDD.....  H                       ...........  ...........  ...........  ...........
   1144  Afnty SP 5130,Integrity      H                       ...........  ...........  ...........  ...........
          SR,pmkr.
   1145  Angio-Seal 6fr, 8fr........  H                       ...........  ...........  ...........  ...........
   1147  AV Plus DX 1368: lead......  H                       ...........  ...........  ...........  ...........
   1148  Contour MD sc defib........  H                       ...........  ...........  ...........  ...........
   1149  Entity DC 5226R-pmker......  H                       ...........  ...........  ...........  ...........
   1151  Passiveplus DX lead, 10mdls  H                       ...........  ...........  ...........  ...........
   1152  LifeSite Access System.....  H                       ...........  ...........  ...........  ...........
   1153  Regency SC+ 2402L pmker....  H                       ...........  ...........  ...........  ...........
   1154  SPL:SPOI,02,04- defib lead.  H                       ...........  ...........  ...........  ...........
   1155  Repliform 8 sq cm..........  H                       ...........  ...........  ...........  ...........
   1156  Tr 1102TrSR+                 H                       ...........  ...........  ...........  ...........
          2260L,2264L,5131.
   1157  Trilogy DCT 23/8L pmkr.....  H                       ...........  ...........  ...........  ...........
   1158  TVL lead SV01,SV02,SV04....  H                       ...........  ...........  ...........  ...........
   1159  TVL RV02,RV06,RV07: lead...  H                       ...........  ...........  ...........  ...........
   1160  TVL-ADX 1559: lead.........  H                       ...........  ...........  ...........  ...........
   1161  Tendril DX, 1388 pacing      H                       ...........  ...........  ...........  ...........
          lead.
   1162  TempoDr, TrilogyDR+DC pmkr.  H                       ...........  ...........  ...........  ...........
   1163  Tendril SDX, 1488T pacing    H                       ...........  ...........  ...........  ...........
          lead.
   1164  Iodine-125 brachytx seed...  H                       ...........  ...........  ...........  ...........
   1166  Cytarabine liposomal, 10 mg  G                       ...........      $371.45  ...........       $49.77
   1167  Epirubicin hcl, 2 mg.......  J                       ...........       $24.94  ...........        $3.34
   1171  Autosuture site marker       H                       ...........  ...........  ...........  ...........
          stple.
   1172  Spacemaker dissect ballon..  H                       ...........  ...........  ...........  ...........
   1173  Cor stntS540,S670,o-wire     H                       ...........  ...........  ...........  ...........
          stn.
   1174  Bard brachytx needle.......  H                       ...........  ...........  ...........  ...........
   1178  Busulfan IV, 6 mg..........  G                       ...........       $26.48  ...........        $3.55
   1180  Vigor SR, SC, pmkr.........  H                       ...........  ...........  ...........  ...........
   1181  Meridian SSI, SC, pmkr.....  H                       ...........  ...........  ...........  ...........
   1182  Pulsar SSI, SC, pmkr.......  H                       ...........  ...........  ...........  ...........
   1183  Jade IIS, Sigma 300S,SC,     H                       ...........  ...........  ...........  ...........
          pmkr.
   1184  Sigma 200S, SC, pmkr.......  H                       ...........  ...........  ...........  ...........
   1188  I 131, per mCi.............  G                       ...........        $5.86  ...........        $0.75
   1200  TC 99M Sodium                G                       ...........      $113.05  ...........       $13.79
          Glucoheptonate, per vial.
   1201  TC 99M succimer, per vial..  G                       ...........      $135.66  ...........       $16.55
   1202  TC 99M Sulfur Colloid, per   G                       ...........       $38.00  ...........        $4.64
          dose.
   1203  Verteporfin for Injection..  G                       ...........    $1,458.25  ...........      $195.41
   1205  TC 99M Disofenin, per vial.  G                       ...........      $427.50  ...........       $57.29
   1207  Octreotide acetate depot     G                       ...........      $135.10  ...........       $16.48
          1mg.
   1302  SQ01: lead.................  H                       ...........  ...........  ...........  ...........
   1303  CapSure Fix 6940/4068-110,   H                       ...........  ...........  ...........  ...........
          lead.
   1304  Sonicath mdl 37-416,-418...  H                       ...........  ...........  ...........  ...........
   1305  Apligraf...................  G                       ...........    $1,157.81  ...........      $163.31
   1306  NeuroCyberneticPros: lead..  H                       ...........  ...........  ...........  ...........
   1311  Trilogy DR+/DAO pmkr.......  H                       ...........  ...........  ...........  ...........
   1312  Magic WALLSTENT stent-Mini.  H                       ...........  ...........  ...........  ...........
   1313  Magic medium, Radius 31mm..  H                       ...........  ...........  ...........  ...........
   1314  Magic WALLSTENT stent-Long.  H                       ...........  ...........  ...........  ...........
   1315  Vigor DR, Meridian DR pmkr.  H                       ...........  ...........  ...........  ...........
   1316  Meridian DDD pmkr..........  H                       ...........  ...........  ...........  ...........
   1317  Discovery SR, pmkr.........  H                       ...........  ...........  ...........  ...........
   1318  Meridian SR pmakr..........  H                       ...........  ...........  ...........  ...........
   1319  Wallstent/RP Enteral--60mm.  H                       ...........  ...........  ...........  ...........
   1320  Wallstent/RP Iliac Del Sys.  H                       ...........  ...........  ...........  ...........
   1325  Pallidium -103 seed........  H                       ...........  ...........  ...........  ...........
   1326  Angio-jet rheolytic thromb   H                       ...........  ...........  ...........  ...........
          cath.
   1328  ANS Renew NS trnsmtr.......  H                       ...........  ...........  ...........  ...........
   1333  PALMZA Corinthian bill       H                       ...........  ...........  ...........  ...........
          stent.
   1334  Crown,Mini-crown,CrossLC...  H                       ...........  ...........  ...........  ...........
   1335  Mesh, Prolene..............  H                       ...........  ...........  ...........  ...........
   1336  Constant Flow Imp Pump.....  H                       ...........  ...........  ...........  ...........
   1337  IsoMed 8472-20/35/60.......  H                       ...........  ...........  ...........  ...........
   1348  I 131 per mCi solution.....  G                       ...........      $146.57  ...........       $17.88
   1350  Prosta/OncoSeed, RAPID       H                       ...........  ...........  ...........  ...........
          strand, I-125.
   1351  CapSure(Fix)pacing lead....  H                       ...........  ...........  ...........  ...........
   1352  Gem II defib...............  H                       ...........  ...........  ...........  ...........
   1353  Itrel Interstm               H                       ...........  ...........  ...........  ...........
          neurostim+ext.
   1354  Kappa 400DR,Diamond II       H                       ...........  ...........  ...........  ...........
          820DR.
   1355  Kappa 600DR, Vita DR.......  H                       ...........  ...........  ...........  ...........
   1356  Profile MD V-186HV3 sc       H                       ...........  ...........  ...........  ...........
          defib.

[[Page 67838]]


   1357  Angstrom MD V-190HV3 sc      H                       ...........  ...........  ...........  ...........
          defib.
   1358  Affinity DC 5230R-Pacemaker  H                       ...........  ...........  ...........  ...........
   1359  Pulsar,Pulsar Max DR,pmkr..  H                       ...........  ...........  ...........  ...........
   1363  Gem DR, DC, defib..........  H                       ...........  ...........  ...........  ...........
   1364  Photon DR V-230HV3 DC defib  H                       ...........  ...........  ...........  ...........
   1365  Guidewire, Hi-Torque14/18/   H                       ...........  ...........  ...........  ...........
          35.
   1366  Guidewire,PTCA, Hi-Torque..  H                       ...........  ...........  ...........  ...........
   1367  Guidewire, Hi-Torque         H                       ...........  ...........  ...........  ...........
          CrossIt.
   1369  ANS Renew Stim Sys recvr...  H                       ...........  ...........  ...........  ...........
   1370  Tension-Free Vaginal Tape..  H                       ...........  ...........  ...........  ...........
   1371  Symp Nitinol Transhep Bil    H                       ...........  ...........  ...........  ...........
          Sys.
   1372  Cordis Nitinol bil stent...  H                       ...........  ...........  ...........  ...........
   1375  Stent, coronary, NIR.......  H                       ...........  ...........  ...........  ...........
   1376  ANS Renew Stim Sys lead....  H                       ...........  ...........  ...........  ...........
   1377  Specify 3988 neuro lead....  H                       ...........  ...........  ...........  ...........
   1378  InterStim Tx 3080/3886 lead  H                       ...........  ...........  ...........  ...........
   1379  Pisces-Quad 3887 lead......  H                       ...........  ...........  ...........  ...........
   1400  Diphenhydramine hcl 50mg...  G                       ...........        $1.18  ...........         $.16
   1401  Prochlorperazine maleate     G                       ...........        $1.31  ...........         $.18
          5mg.
   1402  Promethazine hcl 12.5mg      G                       ...........         $.03  ...........         $.00
          oral.
   1403  Chlorpromazine hcl 10mg      G                       ...........         $.55  ...........         $.07
          oral.
   1404  Trimethobenzamide hcl 250mg  G                       ...........         $.36  ...........         $.05
   1405  Thiethylperazine             G                       ...........         $.69  ...........         $.09
          maleate10mg.
   1406  Perphenazine 4mg oral......  G                       ...........         $.71  ...........         $.10
   1407  Hydroxyzine pamoate 25mg...  G                       ...........         $.20  ...........         $.03
   1409  Factor viia recombinant,     G                       ...........    $1,596.00  ...........      $213.86
          per 1.2 mg.
   1410  Prosorba column............  H                       ...........  ...........  ...........  ...........
   1411  Herculink,OTW SDS bil stent  H                       ...........  ...........  ...........  ...........
   1420  StapleTac2 Bone w/Dermis...  H                       ...........  ...........  ...........  ...........
   1421  StapleTac2 Bone wo Dermis..  H                       ...........  ...........  ...........  ...........
   1450  Orthosphere Arthroplasty...  H                       ...........  ...........  ...........  ...........
   1451  Orthosphere Arthroplasty     H                       ...........  ...........  ...........  ...........
          Kit.
   1500  Atherectomy sys, peripheral  H                       ...........  ...........  ...........  ...........
   1600  TC 99M sestamibi, per        G                       ...........      $109.25  ...........       $13.33
          syringe.
   1601  TC 99M medronate, per dose.  G                       ...........       $38.38  ...........        $4.68
   1602  TC 99M apcitide, per vial..  G                       ...........       $47.50  ...........        $5.80
   1603  TL 201, mCi................  G                       ...........       $28.50  ...........        $3.48
   1604  IN 111 capromab pendetide,   G                       ...........    $1,008.90  ...........      $135.19
          per dose.
   1605  Abciximab injection, 10 mg.  G                       ...........      $513.02  ...........       $68.74
   1606  Anistreplase, 30 u.........  G                       ...........    $2,693.80  ...........      $360.97
   1607  Eptifibatide injection, 5    G                       ...........       $12.57  ...........        $1.68
          mg.
   1608  Etanercept injection, 25 mg  G                       ...........      $134.42  ...........       $18.01
   1609  Rho(D) immune globulin h,    G                       ...........       $20.55  ...........        $2.51
          sd, 100 iu.
   1611  Hylan G-F 20 injection, 16   G                       ...........      $204.87  ...........       $27.45
          mg.
   1612  Daclizumab, parenteral, 25   G                       ...........      $397.29  ...........       $53.24
          mg.
   1613  Trastuzumab, 10 mg.........  G                       ...........       $48.85  ...........        $6.55
   1614  Valrubicin, 200 mg.........  G                       ...........      $423.23  ...........       $56.71
   1615  Basiliximab, 20 mg.........  G                       ...........    $1,250.01  ...........      $167.50
   1616  Histrelin Acetate, 0.5 mg..  G                       ...........       $14.91  ...........        $2.00
   1617  Lepirdin, 50 mg............  G                       ...........      $124.49  ...........       $16.68
   1618  Von Willebrand factor, per   G                       ...........         $.95  ...........         $.13
          iu.
   1619  Ga 67, per mCi.............  G                       ...........       $25.97  ...........        $3.17
   1620  TC 99M Bicisate, per vial..  G                       ...........      $417.53  ...........       $55.95
   1621  Xe 133, per mCi............  G                       ...........       $28.50  ...........        $3.66
   1622  TC 99M Mertiatide, per vial  G                       ...........      $185.82  ...........       $24.90
   1623  TC 99M Gluceptate..........  G                       ...........       $22.61  ...........        $2.76
   1624  P32 sodium, per mCi........  G                       ...........       $74.10  ...........        $9.04
   1625  IN 111 Pentetreotide, per    G                       ...........      $283.42  ...........       $37.98
          mCi.
   1626  TC 99M Oxidronate, per vial  G                       ...........       $38.38  ...........        $4.68
   1627  TC-99 labeled red blood      G                       ...........       $38.95  ...........        $4.75
          cell, per test.
   1628  P32 phosphate chromic, per   G                       ...........      $137.12  ...........       $16.73
          mCi.
   1700  Authen Mick TP brachy        H                       ...........  ...........  ...........  ...........
          needle.
   1701  Medtec MT-BT-5201-25 ndl...  H                       ...........  ...........  ...........  ...........
   1702  WWMT brachytx needle.......  H                       ...........  ...........  ...........  ...........
   1703  Mentor Prostate Brachy.....  H                       ...........  ...........  ...........  ...........
   1704  MT-BT-5001-25/5051-25......  H                       ...........  ...........  ...........  ...........
   1705  Best Flexi Brachy Needle...  H                       ...........  ...........  ...........  ...........
   1706  Indigo Prostate Seeding Ndl  H                       ...........  ...........  ...........  ...........
   1707  Varisource Implt Ndl.......  H                       ...........  ...........  ...........  ...........
   1708  UroMed Prostate Seed Ndl...  H                       ...........  ...........  ...........  ...........
   1709  Remington Brachytx Needle..  H                       ...........  ...........  ...........  ...........
   1710  US Biopsy Prostate Needle..  H                       ...........  ...........  ...........  ...........
   1711  MD Tech brachytx needle....  H                       ...........  ...........  ...........  ...........
   1712  Imagyn brachytx needle.....  H                       ...........  ...........  ...........  ...........
   1790  Iridium 192 HDR............  H                       ...........  ...........  ...........  ...........
   1791  OncoSeed, Rapid Strand I-    H                       ...........  ...........  ...........  ...........
          125.
   1792  UroMed I-125 Brachy seed...  H                       ...........  ...........  ...........  ...........
   1793  Bard InterSource P-103 seed  H                       ...........  ...........  ...........  ...........

[[Page 67839]]


   1794  Bard IsoSeed P-103 seed....  H                       ...........  ...........  ...........  ...........
   1795  Bard BrachySource I-125....  H                       ...........  ...........  ...........  ...........
   1796  SourceTech Med I-125.......  H                       ...........  ...........  ...........  ...........
   1797  Draximage I-125 seed.......  H                       ...........  ...........  ...........  ...........
   1798  Syncor I-125 PharmaSeed....  H                       ...........  ...........  ...........  ...........
   1799  I-Plant I-125 Brachytx seed  H                       ...........  ...........  ...........  ...........
   1800  Pd-103 brachytx seed.......  H                       ...........  ...........  ...........  ...........
   1801  IoGold I-125 brachytx seed.  H                       ...........  ...........  ...........  ...........
   1802  Iridium 192 brachytx seeds.  H                       ...........  ...........  ...........  ...........
   1803  Best Iodine 125 brachytx     H                       ...........  ...........  ...........  ...........
          sds.
   1804  Best Palladium 103 seeds...  H                       ...........  ...........  ...........  ...........
   1805  IsoStar Iodine-125 seeds...  H                       ...........  ...........  ...........  ...........
   1806  Gold 198...................  H                       ...........  ...........  ...........  ...........
   1810  D114S Dilatation Cath......  H                       ...........  ...........  ...........  ...........
   1811  Surgical Dynamics Anchors..  H                       ...........  ...........  ...........  ...........
   1812  OBL Anchors................  H                       ...........  ...........  ...........  ...........
   1850  Repliform 14/21 sq cm......  H                       ...........  ...........  ...........  ...........
   1851  Repliform 24/28 sq cm......  H                       ...........  ...........  ...........  ...........
   1852  TransCyte, per 247 sq cm...  H                       ...........  ...........  ...........  ...........
   1853  Suspend, per 8/14 sq cm....  H                       ...........  ...........  ...........  ...........
   1854  Suspend, per 24/28 sq cm...  H                       ...........  ...........  ...........  ...........
   1855  Suspend, per 36 sq cm......  H                       ...........  ...........  ...........  ...........
   1856  Suspend, per 48 sq cm......  H                       ...........  ...........  ...........  ...........
   1857  Suspend, per 84 sq cm......  H                       ...........  ...........  ...........  ...........
   1858  DuraDerm, per 8/14 sq cm...  H                       ...........  ...........  ...........  ...........
   1859  DuraDerm, per 21/24/28 sq    H                       ...........  ...........  ...........  ...........
          cm.
   1860  DuraDerm, per 48 sq cm.....  H                       ...........  ...........  ...........  ...........
   1861  DuraDerm, per 36 sq cm.....  H                       ...........  ...........  ...........  ...........
   1862  DuraDerm, per 72 sq cm.....  H                       ...........  ...........  ...........  ...........
   1863  DuraDerm, per 84 sq cm.....  H                       ...........  ...........  ...........  ...........
   1864  SpermaTex, per 13.44 sq cm.  H                       ...........  ...........  ...........  ...........
   1865  FasLata, per 8/14 sq cm....  H                       ...........  ...........  ...........  ...........
   1866  FasLata, per 24/28 sq cm...  H                       ...........  ...........  ...........  ...........
   1867  FasLata, per 36/48 sq cm...  H                       ...........  ...........  ...........  ...........
   1868  FasLata, per 96 sq cm......  H                       ...........  ...........  ...........  ...........
   1869  Gore Thyroplasty Dev.......  H                       ...........  ...........  ...........  ...........
   1870  DermMatrix, per 16 sq cm...  H                       ...........  ...........  ...........  ...........
   1871  DermMatrix, 32 or 64 sq cm.  H                       ...........  ...........  ...........  ...........
   1872  Dermagraft, per 37.5 sq cm.  H                       ...........  ...........  ...........  ...........
   1873  Bard 3DMax Mesh............  H                       ...........  ...........  ...........  ...........
   1929  Maverick PTCA Cath.........  H                       ...........  ...........  ...........  ...........
   1930  Coyote Dil Cath, 20/30/40mm  H                       ...........  ...........  ...........  ...........
   1931  Talon Dil Cath.............  H                       ...........  ...........  ...........  ...........
   1932  Scimed Remedy Dil Cath.....  H                       ...........  ...........  ...........  ...........
   1933  Opti-Plast XL/Centurion      H                       ...........  ...........  ...........  ...........
          Cath.
   1934  Ultraverse 3.5F Bal Dil      H                       ...........  ...........  ...........  ...........
          Cath.
   1935  Workhorse PTA Bal Cath.....  H                       ...........  ...........  ...........  ...........
   1936  Uromax Ultra Bal Dil Cath..  H                       ...........  ...........  ...........  ...........
   1937  Synergy Balloon Dil Cath...  H                       ...........  ...........  ...........  ...........
   1938  UroForce Bal Dil Cath......  H                       ...........  ...........  ...........  ...........
   1939  Raptur, Ninja PTCA Dil Cath  H                       ...........  ...........  ...........  ...........
   1940  PowerFlex,OPTA 5/LP Bal      H                       ...........  ...........  ...........  ...........
          Cath.
   1941  Jupiter PTA Dil Cath.......  H                       ...........  ...........  ...........  ...........
   1942  Cordis Maxi LD PTA Bal Cath  H                       ...........  ...........  ...........  ...........
   1943  RXCrossSail OTW OpenSail...  H                       ...........  ...........  ...........  ...........
   1944  Rapid Exchange Bil Dil Cath  H                       ...........  ...........  ...........  ...........
   1945  Savvy PTA Dil Cath.........  H                       ...........  ...........  ...........  ...........
   1946  R1s Rapid Dil Cath.........  H                       ...........  ...........  ...........  ...........
   1947  Gazelle Bal Dil Cath.......  H                       ...........  ...........  ...........  ...........
   1948  Pursuit Balloon Cath.......  H                       ...........  ...........  ...........  ...........
   1949  Oracle Megasonics Cath.....  H                       ...........  ...........  ...........  ...........
   1979  Visions PV/Avanar US Cath..  H                       ...........  ...........  ...........  ...........
   1980  Atlantis SR Coronary Cath..  H                       ...........  ...........  ...........  ...........
   1981  PTCA Catheters.............  H                       ...........  ...........  ...........  ...........
   2000  Orbiter ST Steerable Cath..  H                       ...........  ...........  ...........  ...........
   2001  Constellation Diag Cath....  H                       ...........  ...........  ...........  ...........
   2002  Irvine 5F Inquiry Diag EP    H                       ...........  ...........  ...........  ...........
          Cath.
   2003  Irvine 6F Inquiry Diag EP    H                       ...........  ...........  ...........  ...........
          Cath.
   2004  Biosense EP Cath--Octapolar  H                       ...........  ...........  ...........  ...........
   2005  Biosense EP Cath--Hexapolar  H                       ...........  ...........  ...........  ...........
   2006  Biosense EP Cath--Decapolar  H                       ...........  ...........  ...........  ...........
   2007  Irvine 6F Luma-Cath EP Cath  H                       ...........  ...........  ...........  ...........
   2008  7F Luma-Cath EP Cath 81910-  H                       ...........  ...........  ...........  ...........
          15.
   2009  Irvine 7F Luma-Cath EP Cath  H                       ...........  ...........  ...........  ...........
   2010  Fixed Curve EP Cath........  H                       ...........  ...........  ...........  ...........
   2011  Deflectable Tip Cath--Quad.  H                       ...........  ...........  ...........  ...........
   2012  Celsius Abln Cath..........  H                       ...........  ...........  ...........  ...........
   2013  Celsius Large Abln Cath....  H                       ...........  ...........  ...........  ...........

[[Page 67840]]


   2014  Celsius II Asym Abln Cath..  H                       ...........  ...........  ...........  ...........
   2015  Celsius II Sym Abln Cath...  H                       ...........  ...........  ...........  ...........
   2016  Navi-Star DS, Navi-Star      H                       ...........  ...........  ...........  ...........
          Ther.
   2017  Navi-Star Abln Cath........  H                       ...........  ...........  ...........  ...........
   2018  Polaris T Ablation Cath....  H                       ...........  ...........  ...........  ...........
   2019  EP Deflectable Cath........  H                       ...........  ...........  ...........  ...........
   2020  Blazer II XP Abln Cath.....  H                       ...........  ...........  ...........  ...........
   2021  SilverFlex EP Cath.........  H                       ...........  ...........  ...........  ...........
   2022  CP Chilli Cooled Abln Cath.  H                       ...........  ...........  ...........  ...........
   2023  Chilli Cld AblnCath-std, lg  H                       ...........  ...........  ...........  ...........
   2100  CP CS Reference Cath.......  H                       ...........  ...........  ...........  ...........
   2101  CP RV Reference Cath.......  H                       ...........  ...........  ...........  ...........
   2102  CP Radii 7F EP Cath........  H                       ...........  ...........  ...........  ...........
   2103  CP Radii 7F EP Cath w/Track  H                       ...........  ...........  ...........  ...........
   2104  Lasso Deflectable Cath.....  H                       ...........  ...........  ...........  ...........
   2151  Veripath Guiding Cath......  H                       ...........  ...........  ...........  ...........
   2152  Cordis Vista Brite Tip Cath  H                       ...........  ...........  ...........  ...........
   2153  Bard Viking Cath...........  H                       ...........  ...........  ...........  ...........
   2200  Arrow-Trerotola PTD Cath...  H                       ...........  ...........  ...........  ...........
   2300  Varisource Stnd Catheters..  H                       ...........  ...........  ...........  ...........
   2597  CliniCath/kit 16/18 sgl/dbl  H                       ...........  ...........  ...........  ...........
   2598  CliniCath 18/20/24G-single.  H                       ...........  ...........  ...........  ...........
   2599  CliniCath 16/18G-double....  H                       ...........  ...........  ...........  ...........
   2601  Bard DL Ureteral Cath......  H                       ...........  ...........  ...........  ...........
   2602  Vitesse Laser Cath 1.4/      H                       ...........  ...........  ...........  ...........
          1.7mm.
   2603  Vitesse Laser Cath 2.0mm...  H                       ...........  ...........  ...........  ...........
   2604  Vitesse E Laser Cath 2.0mm.  H                       ...........  ...........  ...........  ...........
   2605  Extreme Laser Catheter.....  H                       ...........  ...........  ...........  ...........
   2606  SpineCath XL Catheter......  H                       ...........  ...........  ...........  ...........
   2607  SpineCath Intradiscal Cath.  H                       ...........  ...........  ...........  ...........
   2608  Scimed 6F Wiseguide Cath...  H                       ...........  ...........  ...........  ...........
   2609  Flexima Bil Drainage Cath..  H                       ...........  ...........  ...........  ...........
   2610  FlexTipPlus Intraspinal      H                       ...........  ...........  ...........  ...........
          Cath.
   2611  AlgoLine Intraspinal Cath..  H                       ...........  ...........  ...........  ...........
   2612  InDura Catheter............  H                       ...........  ...........  ...........  ...........
   2700  MycroPhylax Plus SC defib..  H                       ...........  ...........  ...........  ...........
   2701  Phylax XM SC defib.........  H                       ...........  ...........  ...........  ...........
   2702  Ventak Prizm 2 VR Defib....  H                       ...........  ...........  ...........  ...........
   2703  Ventak Prizm VR HE Defib...  H                       ...........  ...........  ...........  ...........
   2704  Ventak Mini IV+ Defib......  H                       ...........  ...........  ...........  ...........
   2801  Defender IV DR 612 DC defib  H                       ...........  ...........  ...........  ...........
   2802  Phylax AV DC defib.........  H                       ...........  ...........  ...........  ...........
   2803  Ventak Prizm DR HE Defib...  H                       ...........  ...........  ...........  ...........
   2804  Ventak Prizm 2 DR Defib....  H                       ...........  ...........  ...........  ...........
   2805  Jewel AF 7250 Defib........  H                       ...........  ...........  ...........  ...........
   2806  GEM VR 7227 Defib..........  H                       ...........  ...........  ...........  ...........
   2807  Contak CD 1823.............  H                       ...........  ...........  ...........  ...........
   2808  Contak TR 1241.............  H                       ...........  ...........  ...........  ...........
   3002  EasyTrak Defib Lead........  H                       ...........  ...........  ...........  ...........
   3001  Kainox SL/RV defib lead....  H                       ...........  ...........  ...........  ...........
   3003  Endotak SQ Array XP lead...  H                       ...........  ...........  ...........  ...........
   3004  Intervene Defib Lead.......  H                       ...........  ...........  ...........  ...........
   3400  Siltex Spectrum, Contour     H                       ...........  ...........  ...........  ...........
          Prof.
   3401  Saline-Filled Spectrum.....  H                       ...........  ...........  ...........  ...........
   3500  Mentor Alpha I Inf Penile    H                       ...........  ...........  ...........  ...........
          Pros.
   3510  AMS 800 Urinary Pros.......  H                       ...........  ...........  ...........  ...........
   3551  Choice/PT Graphix/Luge/      H                       ...........  ...........  ...........  ...........
          Trooper.
   3552  Hi-Torque Whisper..........  H                       ...........  ...........  ...........  ...........
   3553  Cordis guidewires..........  H                       ...........  ...........  ...........  ...........
   3554  Jindo guidewire............  H                       ...........  ...........  ...........  ...........
   3555  Wholey Hi-Torque Plus GW...  H                       ...........  ...........  ...........  ...........
   3556  Wave/FlowWire Guidewire....  H                       ...........  ...........  ...........  ...........
   3557  HyTek guidewire............  H                       ...........  ...........  ...........  ...........
   3800  SynchroMed EL infusion pump  H                       ...........  ...........  ...........  ...........
   3801  Arrow/MicroJect PCA Sys....  H                       ...........  ...........  ...........  ...........
   3851  Elastic UV IOL AA-4203T/TF/  H                       ...........  ...........  ...........  ...........
          TL.
   4000  Opus G 4621, 4624 SC pmkr..  H                       ...........  ...........  ...........  ...........
   4001  Opus S 4121/4124 SC pmkr...  H                       ...........  ...........  ...........  ...........
   4002  Talent 113 SC pmkr.........  H                       ...........  ...........  ...........  ...........
   4003  Kairos SR SC pmkr..........  H                       ...........  ...........  ...........  ...........
   4004  Actros SR, Actros SLR SC     H                       ...........  ...........  ...........  ...........
          pmkr.
   4005  Philos SR/SR-B SC pmkr.....  H                       ...........  ...........  ...........  ...........
   4006  Pulsar Max II SR pmkr......  H                       ...........  ...........  ...........  ...........
   4007  Marathon SR pmkr...........  H                       ...........  ...........  ...........  ...........
   4008  Discovery II SSI pmkr......  H                       ...........  ...........  ...........  ...........
   4009  Discovery II SR pmkr.......  H                       ...........  ...........  ...........  ...........
   4300  Integrity AFx DR 5342 pmkr.  H                       ...........  ...........  ...........  ...........
   4301  Integrity AFx DR 5346 pmkr.  H                       ...........  ...........  ...........  ...........

[[Page 67841]]


   4302  Affinity VDR 5430 pmkr.....  H                       ...........  ...........  ...........  ...........
   4303  Brio 112 DC pmkr...........  H                       ...........  ...........  ...........  ...........
   4304  Brio 212, Talent 213/223 DC  H                       ...........  ...........  ...........  ...........
          pmkr.
   4305  Brio 222 DC pmkr...........  H                       ...........  ...........  ...........  ...........
   4306  Brio 220 DC pmkr...........  H                       ...........  ...........  ...........  ...........
   4307  Kairos DR DC pmkr..........  H                       ...........  ...........  ...........  ...........
   4308  Inos2, Inos2+ DC pmkr......  H                       ...........  ...........  ...........  ...........
   4309  Actros DR,D,DR-A,SLR DC      H                       ...........  ...........  ...........  ...........
          pmkr.
   4310  Actros DR-B DC pmkr........  H                       ...........  ...........  ...........  ...........
   4311  Philos DR/DR-B/SLR DC pmkr.  H                       ...........  ...........  ...........  ...........
   4312  Pulsar Max II DR pmkr......  H                       ...........  ...........  ...........  ...........
   4313  Marathon DR pmkr...........  H                       ...........  ...........  ...........  ...........
   4314  Momentum DR pmkr...........  H                       ...........  ...........  ...........  ...........
   4315  Selection AFm pmkr.........  H                       ...........  ...........  ...........  ...........
   4316  Discovery II DR............  H                       ...........  ...........  ...........  ...........
   4317  Discovery II DDD...........  H                       ...........  ...........  ...........  ...........
   4600  Snynox,Polyrox,Elox,Retrox.  H                       ...........  ...........  ...........  ...........
   4602  Tendril SDX, 1488K pmkr      H                       ...........  ...........  ...........  ...........
          lead.
   4603  Oscor/Flexion pmkr lead....  H                       ...........  ...........  ...........  ...........
   4604  CrystallineActFix,CapsureFi  H                       ...........  ...........  ...........  ...........
          x.
   4605  CapSure Epi pmkr lead......  H                       ...........  ...........  ...........  ...........
   4606  Flextend pmkr lead.........  H                       ...........  ...........  ...........  ...........
   4607  FinelineII/EZ, ThinlineII/   H                       ...........  ...........  ...........  ...........
          EZ.
   5000  BX Velocity w/Hepacoat.....  H                       ...........  ...........  ...........  ...........
   5001  Memotherm Bil Stent, sm,     H                       ...........  ...........  ...........  ...........
          med.
   5002  Memotherm Bil Stent, large.  H                       ...........  ...........  ...........  ...........
   5003  Memotherm Bil Stent, x-      H                       ...........  ...........  ...........  ...........
          large.
   5004  PalmazCorinthian IQ Bil      H                       ...........  ...........  ...........  ...........
          Stent.
   5005  PalmazCorinthian IQ Trans/   H                       ...........  ...........  ...........  ...........
          Bil.
   5006  PalmazTrans Bil Stent Sys-   H                       ...........  ...........  ...........  ...........
          Med.
   5007  PalmazTrans XL Bil Stent--   H                       ...........  ...........  ...........  ...........
          40mm.
   5008  PalmazTrans XL Bil Stent--   H                       ...........  ...........  ...........  ...........
          50mm.
   5009  VistaFlex Biliary Stent....  H                       ...........  ...........  ...........  ...........
   5010  Rapid Exchange Bil Stent     H                       ...........  ...........  ...........  ...........
          Sys.
   5011  IntraStent, IntraStent LP..  H                       ...........  ...........  ...........  ...........
   5012  IntraStent DoubleStrut LD..  H                       ...........  ...........  ...........  ...........
   5013  IntraStent DoubleStrut, XS.  H                       ...........  ...........  ...........  ...........
   5014  AVE Bridge Stent Sys-10/17/  H                       ...........  ...........  ...........  ...........
          28.
   5015  AVE/X3 Bridge Sys, 40-100..  H                       ...........  ...........  ...........  ...........
   5016  Biliary stent single use     H                       ...........  ...........  ...........  ...........
          cov.
   5017  WallstentRP Bil--20/40/60/   H                       ...........  ...........  ...........  ...........
          68mm.
   5018  WallstentRP Bil--80/94mm...  H                       ...........  ...........  ...........  ...........
   5019  Flexima Bil Stent Sys......  H                       ...........  ...........  ...........  ...........
   5020  Smart Nitinol Stent--20mm..  H                       ...........  ...........  ...........  ...........
   5021  Smart Nitinol Stent--40/     H                       ...........  ...........  ...........  ...........
          60mm.
   5022  Smart Nitinol Stent--80mm..  H                       ...........  ...........  ...........  ...........
   5023  BX Velocity Stent--8/13mm..  H                       ...........  ...........  ...........  ...........
   5024  BX Velocity Stent--18mm....  H                       ...........  ...........  ...........  ...........
   5025  BX Velocity Stent--23mm....  H                       ...........  ...........  ...........  ...........
   5026  BX Velocity Stent--28/33mm.  H                       ...........  ...........  ...........  ...........
   5027  BX Velocity w/Hep--8/13mm..  H                       ...........  ...........  ...........  ...........
   5028  BX Velocity w/Hep--18mm....  H                       ...........  ...........  ...........  ...........
   5029  BX Velocity w/Hep--23mm....  H                       ...........  ...........  ...........  ...........
   5030  Stent, coronary, S660 9/     H                       ...........  ...........  ...........  ...........
          12mm.
   5031  Stent,coronary, S660 15/     H                       ...........  ...........  ...........  ...........
          18mm.
   5032  Stent,coronary, S660 24/     H                       ...........  ...........  ...........  ...........
          30mm.
   5033  Niroyal Stent Sys, 9mm.....  H                       ...........  ...........  ...........  ...........
   5034  Niroyal Stent Sys, 12/15mm.  H                       ...........  ...........  ...........  ...........
   5035  Niroyal Stent Sys, 18mm....  H                       ...........  ...........  ...........  ...........
   5036  Niroyal Stent Sys, 25mm....  H                       ...........  ...........  ...........  ...........
   5037  Niroyal Stent Sys, 31mm....  H                       ...........  ...........  ...........  ...........
   5038  BX Velocity Stent w/Raptor.  H                       ...........  ...........  ...........  ...........
   5039  IntraCoil Periph Stent--     H                       ...........  ...........  ...........  ...........
          40mm.
   5040  IntraCoil Periph Stent--     H                       ...........  ...........  ...........  ...........
          60mm.
   5041  BeStent Over-the-Wire 24/    H                       ...........  ...........  ...........  ...........
          30mm.
   5042  BeStent Over-the-Wire 18mm.  H                       ...........  ...........  ...........  ...........
   5043  BeStent Over-the-Wire 15mm.  H                       ...........  ...........  ...........  ...........
   5044  BeStent Over-the-Wire 9/     H                       ...........  ...........  ...........  ...........
          12mm.
   5045  Multilink Tetra Cor Stent    H                       ...........  ...........  ...........  ...........
          Sys.
   5046  Radius 20mm cor stent......  H                       ...........  ...........  ...........  ...........
   5047  Niroyal Elite Cor Stent Sys  H                       ...........  ...........  ...........  ...........
   5048  GR II Coronary Stent.......  H                       ...........  ...........  ...........  ...........
   5130  Wilson-Cook Colonic Z-Stent  H                       ...........  ...........  ...........  ...........
   5131  Bard Colorectal Stent-60mm.  H                       ...........  ...........  ...........  ...........
   5132  Bard Colorectal Stent-80mm.  H                       ...........  ...........  ...........  ...........
   5133  Bard Colorectal Stent-100mm  H                       ...........  ...........  ...........  ...........
   5134  Enteral Wallstent--90mm....  H                       ...........  ...........  ...........  ...........
   5279  Contour/Percuflex Stent....  H                       ...........  ...........  ...........  ...........

[[Page 67842]]


   5280  Inlay Dbl Ureteral Stent...  H                       ...........  ...........  ...........  ...........
   5281  Wallgraft Trach Sys 70mm...  H                       ...........  ...........  ...........  ...........
   5282  Wallgraft Trach Sys 20/30/   H                       ...........  ...........  ...........  ...........
          50.
   5283  Wallstent/RP TIPS--80mm....  H                       ...........  ...........  ...........  ...........
   5284  Wallstent TrachUltraFlex...  H                       ...........  ...........  ...........  ...........
   5600  Closure dev, VasoSeal ES...  H                       ...........  ...........  ...........  ...........
   5601  VasoSeal Model 1000........  H                       ...........  ...........  ...........  ...........
   6001  Composix Mesh 8/21 in......  H                       ...........  ...........  ...........  ...........
   6002   Composix Mesh 32 in.......  H                       ...........  ...........  ...........  ...........
   6003  Composix Mesh 48 in........  H                       ...........  ...........  ...........  ...........
   6004  Composix Mesh 80 in........  H                       ...........  ...........  ...........  ...........
   6005  Composix Mesh 140 in.......  H                       ...........  ...........  ...........  ...........
   6006  Composix Mesh 144 in.......  H                       ...........  ...........  ...........  ...........
   6012  Pelvicol Collagen 8/14 sq    H                       ...........  ...........  ...........  ...........
          cm.
   6013  Pelvicol Collagen 21/24/28   H                       ...........  ...........  ...........  ...........
          sq cm.
   6014  Pelvicol Collagen 36 sq cm.  H                       ...........  ...........  ...........  ...........
   6015  Pelvicol Collagen 48 sq cm.  H                       ...........  ...........  ...........  ...........
   6016  Pelvicol Collagen 96 sq cm.  H                       ...........  ...........  ...........  ...........
   6017  Gore-Tex DualMesh 75/96 sq   H                       ...........  ...........  ...........  ...........
          cm.
   6018  Gore-Tex DualMesh 150 sq cm  H                       ...........  ...........  ...........  ...........
   6019  Gore-Tex DualMesh 285 sq cm  H                       ...........  ...........  ...........  ...........
   6020  Gore-Tex DualMesh 432 sq cm  H                       ...........  ...........  ...........  ...........
   6021  Gore-Tex DualMesh 600 sq cm  H                       ...........  ...........  ...........  ...........
   6022  Gore-Tex DualMesh 884 sq cm  H                       ...........  ...........  ...........  ...........
   6023  Gore-TexPlus 1mm, 75/96sq    H                       ...........  ...........  ...........  ...........
          cm.
   6024  Gore-TexPlus 1mm, 150sq cm.  H                       ...........  ...........  ...........  ...........
   6025  Gore-TexPlus 1mm, 285sq cm.  H                       ...........  ...........  ...........  ...........
   6026  Gore-TexPlus 1mm, 432sq cm.  H                       ...........  ...........  ...........  ...........
   6027  Gore-TexPlus 1mm, 600sq cm.  H                       ...........  ...........  ...........  ...........
   6028  Gore-TexPlus 1mm, 884 sq cm  H                       ...........  ...........  ...........  ...........
   6029  Gore-TexPlus 2mm, 150 sq cm  H                       ...........  ...........  ...........  ...........
   6030  Gore-TexPlus 2mm, 285 sq cm  H                       ...........  ...........  ...........  ...........
   6031  Gore-TexPlus 2mm, 432 sq cm  H                       ...........  ...........  ...........  ...........
   6032  Gore-TexPlus 2mm, 600 sq cm  H                       ...........  ...........  ...........  ...........
   6033  Gore-TexPlus 2mm, 884 sq cm  H                       ...........  ...........  ...........  ...........
   6034  Bard ePTFE: 150 sq cm--2mm.  H                       ...........  ...........  ...........  ...........
   6035  Bard ePTFE 150 sqcm-1mm,75-  H                       ...........  ...........  ...........  ...........
          2mm.
   6036  Bard ePTFE: 50/75 sqcm-      H                       ...........  ...........  ...........  ...........
          1,2mm.
   6037  Bard ePTFE: 300 sq cm-1,2mm  H                       ...........  ...........  ...........  ...........
   6038  Bard ePTFE: 600 sq cm-1mm..  H                       ...........  ...........  ...........  ...........
   6039  Bard ePTFE: 884 sq cm-1mm..  H                       ...........  ...........  ...........  ...........
   6040  Bard ePTFE: 600 sq cm-2mm..  H                       ...........  ...........  ...........  ...........
   6041  Bard ePTFE: 884 sq cm-2mm..  H                       ...........  ...........  ...........  ...........
   6050  Female Sling Sys w/wo Matrl  H                       ...........  ...........  ...........  ...........
   6051  Stratasis Sling, 20/40 cm..  H                       ...........  ...........  ...........  ...........
   6052  Stratasis Sling, 60 cm.....  H                       ...........  ...........  ...........  ...........
   6053  Surgisis Soft Graft........  H                       ...........  ...........  ...........  ...........
   6054  Surgisis Enhanced Graft....  H                       ...........  ...........  ...........  ...........
   6055  Surgisis Enhanced Tissue...  H                       ...........  ...........  ...........  ...........
   6056  Surgisis Soft Tissue Graft.  H                       ...........  ...........  ...........  ...........
   6057  Surgisis Hernia Graft......  H                       ...........  ...........  ...........  ...........
   6058  SurgiPro Hernia Plug, med/   H                       ...........  ...........  ...........  ...........
          lg.
   6080  Male Sling Sys w/wo Matrl..  H                       ...........  ...........  ...........  ...........
   6200  Exxcel Sft ePTFE vas graft.  H                       ...........  ...........  ...........  ...........
   6201  Impra Venaflo--10/20cm.....  H                       ...........  ...........  ...........  ...........
   6202  Impra Venaflo-30/40cm......  H                       ...........  ...........  ...........  ...........
   6203  Impra Venaflo-50cm,vt45....  H                       ...........  ...........  ...........  ...........
   6204  Impra Venaflo-stepped......  H                       ...........  ...........  ...........  ...........
   6205  Impra Carboflo--10cm.......  H                       ...........  ...........  ...........  ...........
   6206  Impra Carboflo--20cm.......  H                       ...........  ...........  ...........  ...........
   6207  Impra Carboflo--30/35/40cm.  H                       ...........  ...........  ...........  ...........
   6208  Impra Carboflo--40/50cm....  H                       ...........  ...........  ...........  ...........
   6209  Impra Carboflo--ctrflex....  H                       ...........  ...........  ...........  ...........
   6210  Exxcel ePTFE vas graft.....  H                       ...........  ...........  ...........  ...........
   6300  Vanguard III Endovas Graft.  H                       ...........  ...........  ...........  ...........
   6500  Preface Guiding Sheath.....  H                       ...........  ...........  ...........  ...........
   6501  Soft Tip Sheaths...........  H                       ...........  ...........  ...........  ...........
   6502  Perry Exchange Dilator.....  H                       ...........  ...........  ...........  ...........
   6525  Spectranetics Laser Sheath.  H                       ...........  ...........  ...........  ...........
   6600  Micro Litho Flex Probes....  H                       ...........  ...........  ...........  ...........
   6650  Fast-Cath Guiding            H                       ...........  ...........  ...........  ...........
          Introducer.
   6651  Seal-AwayGuiding Introducer  H                       ...........  ...........  ...........  ...........
   6652  Bard Excalibur Introducer..  H                       ...........  ...........  ...........  ...........
   6700  Focal Seal-L...............  H                       ...........  ...........  ...........  ...........
   7000  Amifostine, 500 mg.........  G                       ...........      $350.31  ...........       $46.94
   7001  Amphotericin B lipid         G                       ...........       $95.00  ...........       $12.73
          complex, 50 mg.
   7003  Epoprostenol injection 0.5   G                       ...........       $16.53  ...........        $2.22
          mg.
   7004  Immune globulin 5 gms......  G                       ...........      $272.80  ...........       $33.28

[[Page 67843]]


   7005  Gonadorelin hydroch, 100     G                       ...........       $14.80  ...........        $1.98
          mcg.
   7007  Milrinone lactate, per 5     K                              0.47       $23.31  ...........        $4.66
          ml, inj.
   7010  Morphine sulfate             G                       ...........        $7.41  ...........         $.99
          (preservative free) 10 mg.
   7011  Oprelvekin injection, 5 mg.  G                       ...........      $236.31  ...........       $31.67
   7014  Fentanyl citrate inj up 2    G                       ...........        $0.98  ...........        $0.13
          ml.
   7015  Busulfan, oral, 2 mg.......  G                       ...........        $1.73  ...........        $0.23
   7019  Aprotinin, 10,000 kiu......  G                       ...........      $196.35  ...........       $26.31
   7022  Elliot's B solution, per ml  G                       ...........       $14.25  ...........        $1.91
   7023  Treatment for bladder        G                       ...........       $23.54  ...........        $3.15
          calculi, per 500 ml.
   7024  Corticorelin ovine           G                       ...........      $353.88  ...........       $45.77
          triflutate, per 0.1 mg.
   7025  Digoxin immune FAB (Ovine),  G                       ...........      $530.44  ...........       $64.71
          40 mg vial.
   7026  Ethanolamine oleate, 100 mg  G                       ...........       $27.21  ...........        $3.65
   7027  Fomepizole, 1.5 mg.........  G                       ...........      $728.33  ...........       $97.60
   7028  Fosphenytoin, 50 mg........  G                       ...........        $8.55  ...........        $1.15
   7029  Glatiramer acetate, 20 mg..  G                       ...........       $27.40  ...........        $3.67
   7030  Hemin, 1 mg................  G                       ...........        $0.90  ...........        $0.12
   7031  Octreotide acetate           G                       ...........      $115.34  ...........       $15.46
          injection 1mg.
   7032  Sermorelin acetate, 0.5 mg.  G                       ...........       $15.78  ...........        $2.11
   7033  Somatrem, 5 mg.............  G                       ...........      $199.50  ...........       $26.73
   7034  Somatropin, 1 mg (any        G                       ...........       $39.90  ...........        $5.35
          derivation).
   7035  Teniposide, 50 mg..........  G                       ...........      $195.28  ...........       $26.17
   7036  Urokinase, inj, IV, 250,000  K                              6.78      $336.29  ...........       $67.26
          I.U..
   7037  Urofollitropin, 75 I.U.....  G                       ...........       $69.73  ...........        $9.34
   7038  Muromonab-CD3, 5 mg........  G                       ...........      $741.00  ...........       $99.29
   7039  Pegademase bovine inj 25     G                       ...........      $139.33  ...........       $18.67
          I.U.
   7040  Pentastarch 10% inj, 100 ml  G                       ...........       $15.11  ...........        $2.04
   7041  Tirofiban hydrochloride      G                       ...........      $399.00  ...........       $53.47
          12.5 mg.
   7042  Capecitabine, oral, 150 mg.  G                       ...........        $1.94  ...........        $0.26
   7043  Infliximab injection 10 mg.  G                       ...........       $58.08  ...........        $7.78
   7045  Trimetrexate glucoronate 25  G                       ...........       $69.83  ...........        $9.36
          mg.
   7046  Doxorubicin hcl liposome     G                       ...........      $311.72  ...........       $41.77
          inj 10 mg.
   7047  Droperidol/fentanyl inj....  G                       ...........        $7.02  ...........        $0.90
   7048  Alteplase, 1 mg............  K                              0.38       $18.70  ...........        $3.74
   7049  Filgrastim 480 mcg           G                       ...........      $273.03  ...........       $35.06
          injection.
   7315  Sodium hyaluronate, 20 mg..  G                       ...........      $125.59  ...........       $16.83
   8099  Spectranetics Lead Lock Dev  H                       ...........  ...........  ...........  ...........
   8100  Adhesion barrier, ADCON-L..  H                       ...........  ...........  ...........  ...........
   8102  SurgiVision Esoph Coil.....  H                       ...........  ...........  ...........  ...........
   9000  Na chromate Cr51, per        G                       ...........      $259.36  ...........       $34.75
          0.25mCi.
   9001  Linezolid inj, 200mg.......  J                       ...........       $34.14  ...........        $4.57
   9002  Tenecteplase, 50mg/vial....  J                       ...........    $2,612.50  ...........      $350.08
   9003  Palivizumab, per 50mg......  J                       ...........      $664.49  ...........       $89.04
   9004  Gemtuzumab ozogamicin        J                       ...........    $1,929.69  ...........      $258.58
          inj,5mg.
   9005  Reteplase inj, half-kit,     G                       ...........    $1,306.25  ...........      $175.04
          18.8 mg/vial.
   9006  Tacrolimus inj, per 5mg (1   J                       ...........      $109.83  ...........       $14.72
          amp).
   9007  Baclofen Intrathecal kit-    G                       ...........       $79.80  ...........       $10.69
          1amp.
   9008  Baclofen Refill Kit--500mcg  G                       ...........      $222.30  ...........       $29.79
   9009  Baclofen Refill Kit--        G                       ...........      $467.40  ...........       $62.63
          2000mcg.
   9010  Baclofen Refill Kit--        G                       ...........      $820.80  ...........      $109.99
          4000mcg.
   9011  Caffeine Citrate, inj, 1ml.  G                       ...........       $12.22  ...........        $1.57
   9100  Iodinated I-131 Albumin....  G                       ...........      $246.05  ...........       $30.02
   9102  51 Na chromate, 50mCi......  G                       ...........      $216.60  ...........       $26.43
   9103  Na Iothalamate I-125, 10uCi  G                       ...........       $12.27  ...........        $1.50
   9104  Anti-thymocyte               G                       ...........      $251.75  ...........       $33.73
          globulin,25mg.
   9105  Hep B imm glob, per 1 ml...  G                       ...........      $152.00  ...........       $20.37
   9106  Sirolimus 1mg/ml...........  J                       ...........        $6.51  ...........         $.87
   9107  Tinzaparin sodium, 2ml vial  J                       ...........      $159.60  ...........       $20.50
   9108  Thyrotropin Alfa,1.1 mg....  G                       ...........      $494.00  ...........       $70.72
   9109  Tirofiban hydrochloride      G                       ...........      $199.50  ...........       $28.56
          6.25 mg.
   9217  Leuprolide acetate for       G                       ...........      $592.60  ...........       $79.40
          depot suspension, 7.5 mg.
   9500  Platelets, irrad, ea unit..  K                              1.77       $87.97  ...........       $17.59
   9501  Platelets, pheresis, ea      K                              9.69      $480.75  ...........       $96.15
          unit.
   9502  Platelets, pher/irrad, ea    K                             10.52      $521.66  ...........      $104.33
          unit.
   9503  Fresh frozen plasma, ea      K                              1.65       $81.83  ...........       $16.37
          unit.
   9504  RBC, deglycerolized, ea      K                              4.35      $215.83  ...........       $43.17
          unit.



[[Page 67844]]


   9505  RBC, irradiated, ea unit...  K                              2.58      $127.86  ...........       $25.57
   9998  Enoxaparin.................  G                       ...........        $5.53  ...........        $0.79
----------------------------------------------------------------------------------------------------------------

    --------------------
CPT codes and descriptions only are copyright American Medical 
Association. All Rights Reserved. Applicable FARS/DFARS Apply.

Copyright American Dental Association. All rights reserved.

* Code is new in 2001.

[[Page 67844]]

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