124 STAT. 436 PUBLIC LAW 111–148—MAR. 23, 2010 SEC. 3135. MODIFICATION OF EQUIPMENT UTILIZATION FACTOR FOR ADVANCED IMAGING SERVICES. (a) ADJUSTMENT IN PRACTICE EXPENSE TO REFLECT HIGHER PRESUMED UTILIZATION.—Section 1848 of the Social Security Act (42 U.S.C. 1395w–4) is amended— (1) in subsection (b)(4)— (A) in subparagraph (B), by striking ‘‘subparagraph (A)’’ and inserting ‘‘this paragraph’’; and (B) by adding at the end the following new subpara- graph: ‘‘(C) ADJUSTMENT IN PRACTICE EXPENSE TO REFLECT HIGHER PRESUMED UTILIZATION.—Consistent with the meth- odology for computing the number of practice expense rel- ative value units under subsection (c)(2)(C)(ii) with respect to advanced diagnostic imaging services (as defined in sec- tion 1834(e)(1)(B)) furnished on or after January 1, 2010, the Secretary shall adjust such number of units so it reflects— ‘‘(i) in the case of services furnished on or after January 1, 2010, and before January 1, 2013, a 65 percent (rather than 50 percent) presumed rate of utili- zation of imaging equipment; ‘‘(ii) in the case of services furnished on or after January 1, 2013, and before January 1, 2014, a 70 percent (rather than 50 percent) presumed rate of utili- zation of imaging equipment; and ‘‘(iii) in the case of services furnished on or after January 1, 2014, a 75 percent (rather than 50 percent) presumed rate of utilization of imaging equipment.’’; and (2) in subsection (c)(2)(B)(v), by adding at the end the following new subclauses: ‘‘(III) CHANGE IN PRESUMED UTILIZATION LEVEL OF CERTAIN ADVANCED DIAGNOSTIC IMAGING SERV- ICES FOR 2010 THROUGH 2012.—Ef fective for fee schedules established beginning with 2010 and ending with 2012, reduced expenditures attrib- utable to the presumed rate of utilization of imaging equipment of 65 percent under subsection (b)(4)(C)(i) instead of a presumed rate of utilization of such equipment of 50 percent. ‘‘(IV) CHANGE IN PRESUMED UTILIZATION LEVEL OF CERTAIN ADVANCED DIAGNOSTIC IMAGING SERV- ICES FOR 2013.—Ef fective for fee schedules estab- lished for 2013, reduced expenditures attributable to the presumed rate of utilization of imaging equipment of 70 percent under subsection (b)(4)(C)(ii) instead of a presumed rate of utiliza- tion of such equipment of 50 percent. ‘‘(V) CHANGE IN PRESUMED UTILIZATION LEVEL OF CERTAIN ADVANCED DIAGNOSTIC IMAGING SERV- ICES FOR 2014 AND SUBSEQUENT YEARS.—Ef fective for fee schedules established beginning with 2014, reduced expenditures attributable to the presumed Time periods.
