On November 19, 2008, as part of the 2009 Medicare Physician Fee Schedule regulations, the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (“CMS”), published final rules regarding payment limitations on diagnostic testing and the application of the “anti-markup” rules for diagnostic imaging services (the “2009 Rules”). The 2009 Rules became effective on January 1, 2009; however, anecdotal reports suggest that compliance thus far has been uneven.

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