On October 30, 2008, the Centers for Medicare & Medicaid Services (CMS) published the 2009 Physician Fee Schedule, which includes revisions to the Stark regulations that tighten the prohibition on physician referrals and the anti-markup rules for diagnostic testing. Attorney Neal Goldstein explains that the changes made by CMS are an attempt to create a formulation that preserves the legitimate provision of in-office diagnostic services, while also cutting back on the proliferation of arrangements that have allowed physicians to profit from the diagnostic work of pathologists, radiologists and other specialists. Mr. Goldstein highlights the key tests for establishing compliance with the new anti-markup rules, though acknowledges that these revised regulations may unwittingly cause controversy within the pathology laboratory industry. Host Dr. Larry Kaskel explores the practical implications of these changes
