I'm not sure where your boss is getting it from either. I have found nothing regarding supervision on a specific code having an effect on anti-markup. Medicare is very clear (CR 6733) on determining anti-markup exceptions:
The anti-markup payment limitation will not apply:
•If the physician or other supplier does not order the diagnostic test; or
•If the performing/supervising physician is deemed to “share a practice” with the billing physician or other supplier.
There are two alternative methods for determining whether the performing/supervising physician is deemed to “share a practice.” Those alternatives are:
Alternative one, “substantially all services” test:
•If the performing physician (the physician who supervises or conducts the TC, performs the PC, or both) furnishes substantially all (at least 75 percent) of his or her professional services through the billing physician or other supplier, the anti-markup payment limitation will not apply.
Alternative two, “site of service/same building” test:
•If the TC or the PC is supervised/performed in the “office of the billing physician or other supplier” by a physician owner, employee, or independent contractor of the billing physician or other supplier, the anti-markup payment limitation will not apply.
•The “office of the billing physician or other supplier” is any medical office space, regardless of the number of locations, in which the ordering physician regularly furnishes patient care. This includes space where the billing physician or other supplier furnishes diagnostic testing services, if the space is located in the “same building”in which the ordering physician regularly furnishes patient care.
•If the billing physician or other supplier is a physician organization, the “office of the billing physician or other supplier” is space in which the ordering physician provides substantially the full range of patient care services that the ordering physician provides generally. With respect to the TC, the performing physician is the physician who conducted and/or supervised the TC, and with respect to the PC, the performing physician is the physician who personally performed the PC.