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Paul W. Pitts, JD, Esq
Partner, Reed Smith
Paul is a member of Reed Smith’s Life Sciences Health Industry Group. He advises health care providers and life science companies on regulatory matters and business transactions. This often includes providing clients with guidance on fraud and abuse laws, payment and coverage rules, privacy and security laws, and participation in Medicare and Medicaid programs. Paul has worked with a wide range of health care providers and life science companies, and has particularly deep industry experience in radiology, radiation oncology, telemedicine and long-term care.
 - Thomas W. Greeson, JD, Esq

The Internal Revenue Service is moving toward a more flexible approach when evaluating contacts between tax-exempt entities—such as many hospitals—and private, for-profit entities such as radiology groups.

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For the second time, the HHS Office of Inspector General has issued a confusing advisory opinion on payment of transcription costs by radiologists, concluding once again that such a financial arrangement would not violate the federal anti-kickback statute.

As we previously reported,¹ last fall, CMS published its supposedly final guidance² on place-of-service requirements for the professional and technical components of diagnostic tests. Transmittal 2563 (later replaced by Transmittals 2613 and 2679) revised the instructions contained in chapter 13 of the CMS manual system for Medicare claims processing. The most recent transmittal became effective on April 1, 2013. On April 25, CMS issued a frequently asked question (FAQ)3 set to respond to additional concerns about the place-of-service instructions. Among other clarifications in the FAQ list, CMS reported that it will be developing a national enrollment policy for telehealth and telemedicine services.

It is a daunting task to understand and stay current with the various Medicare rules that have an impact on the delivery of radiology and imaging services. The fast-approaching effective date for the accreditation of advanced radiology services, the new supervision rules, and the proper use of radiologist extenders (radiologist assistants or