The Centers for Medicare and Medicaid Services (CMS) issued proposed regulations on June 25, 2010, that impact magnetic resonance imaging (MRI), computed tomography (CT) and position emission tomography (PET) services provided to Medicare patients under the Stark Act’s In-Office Ancillary Exception. The proposed regulations require a physician referring a Medicare patient to in-office MRI, CT or PET services to i) inform the patient in writing that the patient may obtain the MRI, CT or PET services from a person other than the referring physician or the referring physician’s group practice, and ii) include a list of alternate suppliers who provide the service being referred. The disclosure requirements will become effective on January 1, 2011, and not January 1, 2010, as earlier specified in the Patient Protection and Affordable Care Act (PPACA).

If the proposed disclosure requirements are not revised prior to their effective date, beginning on January 1, 2011, referring physicians will need to provide…
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