Citing the need for additional clarification of what constitutes the "office of the billing physician" under the final anti-markup regulations issued as part of the 2008 Physician Fee Schedule, the Centers for Medicare and Medicaid Services (CMS) issued another regulation today postponing the effective date of the anti-markup regulations until January 1, 2009.  Apparently CMS received much feedback from physician groups questioning applicability of the rule to arrangements which otherwise comply with the federal Stark statute. 

Pod Lab Owners Beware: The provisions of the anti-markup regulations applicable to anatomic pathology services (think "pod labs") and those relating to purchased technical component services (which are nothing new) will still take effect as of January 1, 2008. 

Today’s rule postponing the effective date can be found here: