To determine the cost burden to small businesses of complying with the final rule, we used as a starting point the overall cost of the regulation determined in the regulatory impact analysis (RIA). Then we adopted a methodology that apportions the costs found in the RIA to small business by using Census Bureau's Statistics of U.S. Businesses. This Census Bureau survey contains data on the number and proportion of establishments, by Standard Industrial Classification Code (SIC code), that have revenues of less than $5 million, which meets the Small Business Administration's definition of a small business in the health care sector. This data permitted us to calculate the proportion of the cost of each requirement in the rule that is attributable to small businesses. This methodology used for the regulatory flexibility analysis (RFA) section is therefore based on the methodology used in the (RIA), which was discussed earlier.
The businesses accounted for in the SIC codes contain three groups of covered entities: non-hospital health care providers, hospitals, and health plans. Non-hospital health care providers include: drug stores, offices and clinics of doctors, dentists, osteopaths, and other health practitioners, nursing and personal care facilities, medical and dental laboratories, home health care services, miscellaneous health and allied services, and medical equipment rental and leasing establishments. Health plans include accident and health insurance and medical service plans.