CMS Publishes Upper Payment Limit List

On December 12, 2008, the Center for Medicare and Medicaid Services (CMS) published an update to the
Federal Upper Limit list for multiple source drugs in the Medicaid program. These updates can be found on
the CMS website at http://www.cms.hhs.gov/Reimbursement/05_FederalUpperLimits.asp#TopOfPage  under
"Changes Made to Transmittal No. 37."  States will continue to have 30 days to implement these changes.

CMS Issues Final Rule for Non-Emergency Medical Transportation

CMS also has released a final rule regarding non-emergency medical transportation (CMS-2234-F). The
regulation codifies Section 6083 of the Deficit Reduction Act of 2005, which provides state Medicaid agencies
additional authority to establish a non-emergency medical transportation brokerage program under the state
plan. According to the CMS announcement, the final rule specifies the requirements for states to establish a
non-emergency brokerage program as well as prohibitions on the broker itself providing transportation or referring
to a transportation provider with which it has an indirect or direct financial relationship. The rule is scheduled to
be published in the Federal Register on December 19, 2008. To view the rule, go to
http://www.federalregister.gov/OFRUpload/OFRData/2008-29662_PI.pdf.