CMS posted its proposed 2009 fee schedule yesterday. It addresses the anti-markup provision and a new proposed gainsharing exception. The website is http://www.cms.hhs.gov/physicianfeesched/downloads/CMS-1403-P.pdf
The Stark preamble discussion starts at the pdf page 237-317. The gainsharing regulation text starts pdf pg 517-527.
In case you were wondering, the proposed fee schedule does include another proposed decrease in provider reimbursement for year 2009.
