Osteopathic Medical Oncology and Hematology, P.C. - Page 22




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          and amount of chemotherapy drugs used on its patients but did not           
          itemize the less expensive supplies.  While we agree with                   
          respondent that the itemization of the drugs on the bills is a              
          fact properly considered, see, e.g., Thompson Elec., Inc. v.                
          Commissioner, supra, we disagree with respondent that it is                 
          dispositive of the issue.  The substance of the transactions at             
          issue is that a service is provided by and purchased from                   
          petitioner.  Petitioner and other health care providers today               
          must operate under a myriad of statutory, regulatory, and                   
          contractual mandates the purpose of which is aimed at management            
          of care and cost containment in the health care industry.  See,             
          e.g., 42 U.S.C. secs. 1395 through 1395ccc (1994); 42 C.F.R.                
          secs. 405.201 through 405.2470 (1998); Health Care Finance                  
          Administration, Medicare Provider Reimbursement Manual (Pubs. 15-           
          1 and 15-2) (Rev. 3-93).  Undoubtedly, as the costs of medical              
          supplies increase, so do the regulatory and contractual                     
          directives for itemization and justification.  There is no                  
          evidence petitioner provided those itemizations for merchantable            
          purposes or because it was selling merchandise.  Rather, the                
          manner and form in which petitioner prepares its bills are                  
          dictated by applicable laws, contracts with private insurers, and           
          the environment of the industry in which it operates.  We decline           
          to attach further accounting or other significance thereto.                 







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