June 6, 2007 Part B Medicare Bulletin
Posted June 6, 2007
Table of Contents
- Ambulance Fee Schedule - Ground Ambulance Services - Manualization Revision to the Specialty Care Transport (SCT) Definition
- Blood Brain Barrier Osmotic Disruption for Treatment of Brain Tumors
- CERT Fact Sheet Comprehensive Error Rate Testing Program
- Clarification of Bariatric Surgery Billing Requirements Issued in CR 5013
- Clarification of MM5488 Article Regarding Coding on CMS-1500
- Common Working File (CWF) Duplicate Claim Edit for the Technical Component (TC) of Radiology and Pathology Laboratory Services Provided to Hospital Patients
- Cryoplasty Considered Investigational
- Implementation of Revised Fee Schedule Amounts for New Healthcare Common Procedure Coding System (HCPCS) Codes for Power Mobility Devices (PMDs)
- Instructions for Implementing the Centers for Medicare & Medicaid (CMS) Ruling CMS 1536-R; Astigmatism-Correcting Intraocular Lens (A-C IOLs)
- Invalid Skilled Nursing Facility (SNF) Informational Unsolicited Responses (IURs) from Medicare’s Common Working File (CWF) System
- LCD for Electrodiagnostic Testing: Nerve Conduction Studies (NCS) & Electromyography (EMG) Revised – Covered ICD-9 Diagnosis Codes Added
- Measurement of Bone Density
- Medicare Durable Medical Equipment Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program Final Regulation
- Medicare Fee for Service (FFS) National Provider Identifier (NPI) Implementation Contingency Plan
- New Durable Medical Equipment, Prosthetics, Orthotics & Supplies (DMEPOS) Certificates of Medical Necessity (CMNs) and DME Information Forms (DIFS) for Claims Processing
- Not Otherwise Classified Drugs And Unlisted Procedures
- Part C Plan Type Display on the Medicare’s Common Working File (CWF) — CR5538 rescinds and fully replaces CR 5349
- Provider Education for Handling NPI Issues Realted to Deceased Providers
- Removal and Destruction of Benign Skin Lesions — Important Reminder About Correct Billing
- Requirement for Providing Route of Administration Codes for Erythropoiesis Stimulating Agents (ESAs)
- Revisions to Form CMS-1500 Submission Requirements
- Update to Medicare Claims Processing Manual, Publication 100-04, Chapter 18, Section 60.1 Regarding Colorectal Screening Services
- Use CPT Code 96549 for Blood Brain Osmotic Disruption Therapy for Brain Tumors
- Ventricular Assist Devices (VADs)
Ambulance Fee Schedule - Ground Ambulance Services - Manualization Revision to the Specialty Care Transport (SCT) Definition
The Medicare Guide to Rural Health Services: Information for Providers, Suppliers, and Physicians (Second Edition), which provides rural information pertaining to rural health facility types, coverage and payment policies, and rural provisions under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 and the Deficit Reduction Act of 2005 is now available in downloadable format at http://www.cms.hhs.gov/MLNProducts/downloads/MedicareRuralHealthGuide.pdf.
Provider Types Affected
Providers and suppliers submitting claims to Medicare contractors (Fiscal Intermediaries (FIs), Medicare Administrative Contractors (MACs) and carriers), for ambulance services to Medicare beneficiaries
Provider Action Needed
Providers and suppliers are reminded that the Centers for Medicare & Medicaid Services (CMS) expanded the interpretation of “interfacility” to include both hospitals and Skilled Nursing Facilities (SNFs) in the December 1, 2006 (71 FR 69716) final rule.
Background
In the February 27, 2002 Federal Register (67 FR 9100) a final rule was published with comment period entitled “Fee Schedule for Payment of Ambulance Services and Revisions to the Physician Certification Requirements for Coverage of Nonemergency Ambulance Services” that implemented the ambulance fee schedule. In that rule, CMS defined SCT at Section 414.605. In the December 1, 2006 (71 FR 69716) final rule, CMS expanded the definition of “interfacility” to include both hospitals and skilled nursing facilities (SNFs).
In addition, CMS further clarified the kinds of facilities included as origin or destination points for “interfacility” transport for Specialty Care Transport (SCT) purposes. Therefore, for purposes of SCT payment, CMS considers a “facility” to include:
- Only a SNF or a hospital that participates in the Medicare program, or
- A hospital-based facility that meets the requirements for provider-based status.
Medicare hospitals include, but are not limited to, rehabilitation hospitals, cancer hospitals, children’s hospitals, psychiatric hospitals, Critical Access Hospitals (CAHs), inpatient acute-care hospitals, and Sole Community Hospitals (SCHs).
Note: Contractors will not search their files to either retract payment for claims already paid or to retroactively pay claims. However, contractors will adjust claims brought to their attention.
Additional Information
If you have questions, please contact your Medicare FI, Carrier or MAC at their toll-free number which may be found at: http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip on the CMS Web site.
For complete details regarding this Change Request (CR) please see the official instruction (CR5533) issued to your Medicare FI, Carrier or A/B MAC. That instruction may be viewed by going to http://www.cms.hhs.gov/Transmittals/downloads/R68BP.pdf on the CMS Web site.
Providers may review the Federal Regulations for the Ambulance Fee Schedule located at http://www.cms.hhs.gov/AmbulanceFeeSchedule/04_CFRAFS.asp#TopOfPage on the CMS Web site.
New Durable Medical Equipment, Prosthetics, Orthotics & Supplies (DMEPOS) Certificates of Medical Necessity (CMNs) and DME Information Forms (DIFS) for Claims Processing
The Medicare Durable Medical Equipment Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program Final Regulation is now available. CMS has also announced the first 10 metropolitan areas in which competition will occur as well as the first items to be competitively bid. Visit the CMS Web site at http://www.cms.hhs.gov/competitiveacqfordmepos/ to view the rule and get more information.
Provider Types Affected
Physicians (when ordering DMEPOS) and suppliers using CMNs and DIFs when billing to Medicare durable medical equipment regional carriers (DMERCs) or DME Medicare Administrative contractors (DME/MACs).
Provider Action Needed
STOP – Impact to You
The Centers for Medicaid & Medicare Services (CMS) has developed improved CMNs and DIFs that are consistent with current medical practices and conform to Medicare guidelines. Through this process, CMS revised several CMNs and replaced three CMNs with two DIFs. This information was previously communicated in MLN Matters article MM4296 (http://www.cms.hhs.gov/MLNMattersArticles/downloads/MM4296.pdf).
CAUTION – What You Need to Know
The transition period has been extended for claims with dates of service from October 1, 2006, through June 30, 2007. During this transition period claims for items requiring a CMN or DIF will be accepted with either the old or the new form. For dates of service on or after July 1, 2007, the old CMN/DIF forms will no longer be accepted.
GO – What You Need to Do
Be sure your staff is aware that the transition period for use of the new forms has been extended through June 30, 2007.
Background
CMNs provide a mechanism for suppliers of durable medical equipment, defined in 42 United States Code (U.S.C.) §1395x (n) and medical equipment and supplies defined in 42 U.S.C. §1395j (5), to demonstrate that the item they provide meets the minimal criteria for Medicare coverage.
CMNs contain section A through D. Sections A and C are completed by the supplier and Sections B and D are completed by the physician. A DME DIF is completed and signed by the supplier. It does not require a narrative description of equipment and cost or a physician signature. Contractors review the documentation provided on the CMNs and DIF.
Recap of MM4296 Information
As previously reported in MLN Matters article MM4296, the changes to the CMN forms have resulted in the following:
- Medicare Program Integrity Manual, Chapter 5, Items and Services Having Special DME Review Considerations, has been revised.
- The improved forms permit the use of a signature and date stamp that has resulted in revision of the Medicare Program Integrity Manual, Chapter 3, Section 3.4.1.1, Documentation specifications for Areas Selected for Prepayment or Post Payment Medical Review.
- These new forms were approved by the Office of Management and Budget (OMB).
- For the CMS-484 form, the OMB # is 0938-0534.
- For the CMS forms 846, 847, 848, 849, 854, 10125 and 10126, the OMB # is 0938-0679.
Claims Accepted During Transition Period
The following table identifies the old versions of the CMNs, which are acceptable for claims for services provided during the transition period from October 1, 2006, through June 30, 2007. (For services on or after July 1, 2007, the old forms will no longer be accepted.)
DMERC FORM CMS FORM ITEMS ADDRESSED
| DMERC FORM | CMS FORM | ITEMS ADDRESSED |
| 484.2 | 484 | Home Oxygen Therapy |
| 01.02A | 841 | Hospital Beds |
| 01.02B | 842 | Suppport Surfaces |
| 04.03B | 846 | Lymphedema Pumps (Pneumatic Compression Devices) |
| 04.03C | 847 | Osteogenesis Stimulators |
| 06.02B | 848 | Transutaneous Electrical Nerve Stimulators (TENS) |
| 07.02A | 849 | Seat Lift Mechanisms |
| 09.02 | 851 | External Infusion Pumps |
| 10.02A | 852 | Parenteral |
| 10.02B | 853 | Enternal Nutrition |
| 11.01 | 854 | Ssection C Continuation Form |
Newly Revised CMNs Accepted During Transition Period
The following table identifies the newly revised CMNs that will be accepted for services provided during the transition period for claims from October 1, 2006, through June 30, 2007. (These forms are available at http://www.cms.hhs.gov/CMSForms/CMSForms/list.asp#TopOfPage.) For services on or after July 1, 2007, these forms will become effective for claims for items requiring a CMN.
Noteworthy changes include changing the title of CMS-484 from Home Oxygen Therapy to Oxygen. In addition, the title of CMS-846 was changed from Lymphedema Pumps to Pneumatic Compression Devices.
| DME MAC FORM | CMS FORM | ITEMS ADDRESSED |
| 484.03 | 484 | Oxygen |
| 04.04B | 846 | Pneumatic Compression Devices |
| 04.04C | 847 | Osteogensis Stimulators |
| 06.03B | 848 | Transcutaneous Electrical Nerve Stimulators (TENS) |
| 07.03A | 849 | Seat Lift Mechanisms |
| 11.02 | 854 | Section C Continuation Form |
New DIFs Accepted During Transition Period The following table identifies the new DIFs that will also be accepted during the transition period for claims for services provided from October 1, 2006, through June 30, 2007. (These forms are available at http://www.cms.hhs.gov/CMSForms/CMSForms/list.asp#TopOfPage.) For services on or after July 1, 2007, the new forms will become effective for claims for items requiring a DIF.
Noteworthy changes include changing CMS-851 for Infusion Pumps to a CMS-10125, External Infusion Pump DIF.
In addition, CMS-852 for Parenteral Nutrition and CMS-853 for Enteral Nutrition were combined into a CMS-10126 Enteral and Parenteral Nutrition DIF.
| DME MAC FORM | CMS FORM | ITEMS ADDRESSED |
| 09.03 | 10125 | External Infusion Pumps |
| 10.03 | 10126 | Enternal and Parenteral Nutrition |
The use of the CMNs for hospital beds (CMS-841) and support surfaces (CMS-842) will be eliminated for claims with dates of service on or October 1, 2006.
CMNs Eliminated
The following table identifies the CMNs that will be eliminated for claims for services provided on or after October 1, 2006.
| DME MAC FORM | CMS FORM | ITEMS ADDRESSED |
| 01.02A | 841 | Hospital Beds |
| 01.02B | 842 | Support Surfaces |
Medicare is developing a crosswalk to link legacy supplier numbers (National Supplier Clearinghouse (NSC)) to the new National Provider Identifiers (NPI). Until that crosswalk is completed, DMERCs will require you to continue to submit your legacy/NSC number. If you choose to submit your NPI as of October 1, 2006, you must still report your legacy/NSC number until that crosswalk is operational. Similarly, treating physicians should report their UPIN (preceded by an “XX” qualifier) AND their NPI (preceded by a “1G” qualifier) until the crosswalk is operational. CMS will issue further instructions when the crosswalk approaches operational status.
Additional Information
For complete details regarding this Change Request (CR) please see the official instruction (CR5571) issued to your Medicare DME MAC, or DMERC. This instruction may be viewed by going to
http://www.cms.hhs.gov/Transmittals/downloads/R198PI.pdf on the CMS Web site.
If you have questions, please contact your Medicare DME MAC, or DMERC at their toll-free number which may be found at: http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip on the CMS Web site.
For additional information about the new CMNs and DIFs, see the MLN Matters article MM4296, titled “New Durable Medical Equipment Prosthetic, Orthotics & Supplies (DMEPOS) Certificates of Medical Necessity (CMNs) and DME Medicare Administrative Contractor (MAC) Information Forms (DIFS) for Claims Processing” at http://www.cms.hhs.gov/MLNMattersArticles/downloads/MM4296.pdf on the CMS Web site.
Blood Brain Barrier Osmotic Disruption for Treatment of Brain Tumors
Physician Quality Reporting Initiative (PQRI) Measures and Specifications
The Centers for Medicare & Medicaid Services (CMS) is pleased to announce that the 2007 Physician Quality Reporting Initiative (PQRI) Quality Measures and Specifications are now available. In addition to posting the 2007 PQRI Measures Specifications, CMS has also updated the list of 2007 PQRI measure statements and descriptions. To access both the measures and measure specifications documents, visit the PQRI Web page at http://www.cms.hhs.gov/PQRI on the CMS Web site. Once there, go to the Measures/Codes section of the page and scroll down to the Downloads section. Providers may want to test their systems to be certain that claims containing the codes associated with the measures will be processed. Please note that many of the quality codes are new and will be rejected by Medicare claims processing systems prior to the July 1, 2007 HCPCS update. CMS will be issuing further information about which measures may be used for testing systems prior to the July 1 start date.
Provider Types Affected
Physicians and providers submitting claims to Medicare contractors (Fiscal Intermediaries (FIs), Part Medicare Administrative Contractors (MACs) and carriers)
What Providers Need to Know
Effective for claims with dates of service on or after March 20, 2007, the use of osmotic blood brain barrier disruption is not considered reasonable and necessary when it is used as part of a treatment regimen for brain tumors in Medicare patients.
Background
This article and Change Request (CR) 5530 states that Medicare does not currently have a national coverage determination (NCD) for osmotic blood brain barrier disruption (BBBD) as part of a treatment regimen for brain tumors. The Centers for Medicare & Medicaid Services (CMS) accepted a formal request for non-coverage of BBBD used for this indication.
CMS determined that the use of osmotic blood brain barrier disruption is not reasonable and necessary when it is used as part of a treatment regimen for brain tumors.
Be aware that the BBBD process includes all items and services necessary to perform the procedure, including hospitalization, monitoring, and repeated imaging procedures.
This NCD does not alter in any manner the coverage of anti-cancer chemotherapy.
Additional Information
If you have questions, please contact your Medicare FI, carrier or MAC at their toll-free number which may be found at http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip on the CMS Web site.
CR5530 is the official instruction issued to your Medicare FI, Carrier or MAC. That instruction may be viewed by going to http://www.cms.hhs.gov/Transmittals/downloads/R67NCD.pdf on the CMS Web site.
CERT Fact Sheet Comprehensive Error Rate Testing Program
Currently, CMS (Centers for Medicare & Medicaid Services) calculates a national paid claims error rate, a contractor specific error rate, and a provider compliance error rate (which measures how well providers prepared claims for submission).
The CMS methodology includes:
- Randomly selecting a sample of claims submitted in a specific calendar year;
- Requesting medical records from providers who submitted the claims;
- Reviewing the claims and medical records to see if the claims complied with the Medicare coverage, coding, and billing rules; and
-
Treating the claims as errors and sending the providers overpayment letters when:
- Providers fail to submit the requested documentation
- Providers submit insufficient documentation, or
- The submitted medical record indicates that the service was not medically necessary, incorrectly coded, or was not in compliance with some other Medicare coverage or billing rule.
What You Need to Do
- Provide requested information
During a CERT review, you may be asked to provide more information related to a claim you submitted, such as medical records or certificates of medical necessity, so that the CERT review contractor can verify that billing was proper. Be assured that forwarding specifically requested records to the designated CERT contractor does not violate privacy provisions under the Health Insurance Portability and Accountability (HIPAA) law. Make sure your office staff is aware that this request for additional documentation must be answered. - Respond Promptly
If you receive a letter from CMS regarding a CERT request for medical documentation, you should respond promptly by submitting the requested supporting documentation within the time frame outlined in the request. Physicians, providers and suppliers do not need to obtain additional beneficiary authorization to forward medical records to the designated CERT contractor. - Keep your enrollment information current
It is vitally important for providers to keep enrollment information current. When providers change mailing address, phone numbers, practice location, etc., it is important to keep your Medicare contractor informed within 90 days of the change. Correct address information will help ensure that CERT documentation requests are received and will allow time for your response.
These changes must be done by completing the CMS 855I application (Individual) or CMS 855B application (Group or Organization) application to change your information. These forms and instructions can be found on our Web site at http://www.cignagovernmentservices.com under Provider Enrollment or on the CMS Web site at www.cms.hhs.gov. If you have additional questions after reviewing these resources, please call our Provider Enrollment Department at 866.520.4007 hours 9:00 am- 3:00 pm (CST).
Important Information
If you fail to submit the requested information in a timely fashion, an “error” is registered against both the Medicare contractor (CIGNA Government Services) and you as the Medicare provider. (At this point, the CERT review contractor has no choice but to register the claim submission as “erroneous” because there is insufficient supporting documentation to determine otherwise.) Treating these claims as errors will prompt the CERT reviewer to instruct CIGNA Government Services to send the providers overpayment letters. Also, these errors have a corresponding negative impact on the other error rates that are calculated under the CERT program.
More information can be found on the CIGNA Government Services Web site at:
http://www.cignamedicare.com/partb/index.html#New
If you have questions or need assistance you can reach your CERT Coordinator, Julene Mull, at 615.782.4591 or julene.mull@cigna.com
Clarification of Bariatric Surgery Billing Requirements Issued in CR 5013
Physician Quality Reporting Initiative (PQRI) Measures and Specifications
The Centers for Medicare & Medicaid Services (CMS) is pleased to announce that the 2007 Physician Quality Reporting Initiative (PQRI) Quality Measures and Specifications are now available. To access both the measures and measure specifications documents, visit the PQRI Web page at http://www.cms.hhs.gov/PQRI on the CMS Web site. Once there, go to the Measures/Codes section of the page and scroll down to the Downloads section. Please note that many of the quality codes are new and will be rejected by Medicare claims processing systems prior to the July 1, 2007 HCPCS update.
Note: This article was revised on May 4, 2007, to clarify the types of Medicare contractors that will deny certain claims as opposed to rejecting claims.
Provider Types Affected
Physicians, providers, and suppliers submitting claims to carriers, Fiscal Intermediaries (FIs), or Part A/B Medicare Administrative Contractors (A/B MACs) for bariatric surgery related services provided to Medicare beneficiaries
Provider Action Needed
STOP – Impact to You
This article is based on Change Request (CR) 5477 which clarifies the claims processing instructions contained in CR 5013 (Transmittals R931CP and R54NCD; titled Bariatric Surgery for Morbid Obesity).
CAUTION – What You Need to Know
On April 28, 2006, the Centers for Medicare & Medicaid Services (CMS) issued CR 5013 providing coverage for certain bariatric surgical procedures. CMS found that some claims not involving bariatric surgery are being denied in error while some covered bariatric surgery claims are being held rather than paid.
GO – What You Need to Do
See the Background and Additional Information Sections of this article for further details regarding these clarifications.
Background
On April 28, 2006, CMS issued CR 5013 (Transmittals R931CP and R54NCD, dated April 28, 2006) providing coverage for certain bariatric surgical procedures. This national coverage determination (NCD) is contained in section 100.1 of the Medicare NCD Manual.
It came to the attention of the CMS that this NCD is not being implemented uniformly, and CMS found that:
Some claims not involving bariatric surgery are being denied in error, and some covered bariatric surgery claims are being held rather than paid.
Therefore, CMS is issuing CR5477 to clarify the claims processing instructions contained in CR 5013.
Certain bariatric surgery procedures for treatment of co-morbidities associated with morbid obesity are considered reasonable and necessary under the Social Security Act (Section1862(a)(1)(A)) if the following conditions are satisfied:
- The Medicare beneficiary:
- Has a body-mass index (BMI) > 35,
- Has at least one co-morbidity related to obesity (such as diabetes or hypertension), and
- Has been previously unsuccessful with medical treatment for obesity.
- The Procedure is performed in an approved facility listed at http://www.cms.hhs.gov/MedicareApprovedFacilitie/BSF/list.asp on the CMS Web site.
Note: The NCD itself has not changed and treatments for obesity alone are non-covered.
The following revisions to the Medicare Claims Processing Manual (Publication 100-04; Chapter 32) provide guidance for bariatric surgery claims payment:
ICD-9 Diagnosis Codes for BMI ≥35
| ICD-9-CM CODE | Descriptor |
| V85.35 | Body Mass Index 35.0-35.98, adult |
| V85.36 | Body Mass Index 36.0-36.9, adult |
| V85.37 | Body Mass Index 37.0-37.9, adult |
| V85.38 | Body Mass Index 38.0-38.9, adult |
| V85.39 | Body Mass Index 39.0-39.9, adult |
| V85.4 | Body Mass Index 40 and over, adult |
Claims must be submitted to carriers or A/B MACs with the ICD-9-CM diagnosis code of 278.01 for morbid obesity and one of the appropriate Healthcare Common Procedure Coding System (HCPCS) codes as follows:
- 43770 — Laparoscopy, surgical, gastric restrictive procedure: placement of adjustable gastric band (gastric band and subcutaneous port components).
- 43644 — Laparoscopy, surgical, gastric restrictive
procedure with gastric bypass and Roux-en-Y gastroenterostomy (roux limb 150 cm or less). - 43645 — Laparoscopy, surgical, gastric restrictive procedure with gastric bypass and small intestine reconstruction to limit absorption.
- 43845 — Gastric restrictive procedure with partial gastrectomy, pylorus-preserving duodenoileostomy and ileolieostomy (50 to 100 cm common chanel) to limit absorption (biliopancreatic diversion with duodenal switch).
- 43846 — Gastric restrictive procedure, with gastric bypass, for morbid obesity; with short limb (150 cm or less) Roux-en-Y gastroenterostomy.
- 43847 — Gastric restrictive procedure with small intestine reconstruction to limit absorption.
Medicare FIs and A/B MACS will accept bariatric surgery claims billed by institutional providers with and ICD-9-CM diagnosis code of 278.01 for morbid obesity and one of the following ICD-9-CM procedure codes:
- 44.38 — Laparoscopic gastroenterostomy; bypass: gastroduodenostomy, gastroenterostomy, gastrogastrostomy; laparoscopic gastrojejunostomy without gastrectomy NEC.
- 44.39 — Other gastroenterostomy; bypass:
gastroduodenostomy, gastroenterostomy, gastrogastrostomy; gastrojejunostomy without gastrectomy NOS. - 44.95 — Laparoscopic gastric restrictive procedure; adjustable gastric band and port insertion.
Note: If ICD-9-CM diagnosis code 278.01 is present, but one of the listed ICD-9-CM procedure codes or HCPCS codes is not present, then the Medicare contractor will determine the claim is not for bariatric surgery and will process the claim accordingly. Also, if one of the ICD-9-cm procedure codes is present without ICD-9-CM diagnosis code 278.01, then the claim is not for bariatric surgery, and the contractor will process the claim accordingly. Also, to describe either laparoscopic or open biliopancreatic diversion with duodenal switch (BPD/DS), claims must contain all three of the following codes:
- 43.89 — Other; partial gastrectomy with bypass gastrogastrostomy; sleeve resection of stomach.
- 45.51 — Isolation of segment of small intestine; isolation of ileal loop; resection of small intestine for interposition.
- 45.91 — Small-to-small intestinal anastomosis.
Claims submitted to FIs or A/B MACs must contain International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM) procedure code reported as specified according to the following conditions:
- The Medicare Contractor will pay the bariatric surgery claim if ICD-9-CM diagnosis code 278.01 (Morbid obesity; severe obesity) is present and all of the following are present:
- At least one of the specified ICD-9-CM diagnosis codes for BMI ≥35,
- An appropriate procedure code(s) as listed in the Medicare Claims Processing Manual (Pub. 100-04), Chapter 32, Sections 150.2 and 150.3,
- An appropriate obesity-related co-morbid diagnosis code(s), and
- The procedure was performed in an approved facility.
- The Medicare Contractor will deny the bariatric surgery claim if ICD-9-CM diagnosis code 278.01 is present, but any of the following are not present:
- At least one of the specified ICD-9-CM diagnosis codes for BMI ≥35,
- An appropriate procedure code(s) as listed in the Medicare Claims Processing Manual (Pub. 100-04), Chapter 32, Sections 150.2 and 150.3, o An appropriate obesity-related co-morbid diagnosis code(s), and
- The procedure was performed in an approved facility.
Note: The term, “deny”, rather than “reject” is used because beneficiaries and providers are entitled to appeal rights.
- If ICD-9-CM diagnosis code 278.01 is not present, the contractor will adjudicate the non-bariatric surgery claim based on the ICD-9 CM procedure codes listed on the claim.
Non-Covered HCPCS / ICD-9 Procedure Codes Contractors (carriers and B MACs) will deny bariatric surgery claims when: - Billed with HCPCS procedure code 43842 (Gastric restrictive procedure, without gastric bypass, for morbid obesity; vertical-banded gastroplasty) when used for open vertical banded gastroplasty. Note: This code was included in the April 2006 update of the Medicare Physician Fee Schedule Database and the July update of the Medicare Outpatient Code Editor.
- Billed with HCPCS Not Otherwise Classified (NOC) code 43999 when used for the following noncovered procedures: (When this NOC coded is used, the procedure should be described.)
- Laparoscopic vertical banded gastroplasty
- Open sleeve gastrectomy
- Laparoscopic sleeve gastrectomy
- Open adjustable gastric banding Contractors (FIs and A MACs) will reject bariatric surgery claims when:
- Billed with principal ICD-9 CM diagnosis code 278.01 and ICD-9 procedure code 44.68 when used for the following noncovered procedures:
- Open adjustable gastric banding
- Laparoscopic vertical banded gastroplasty.
- Billed with principal ICD-9 CM diagnosis code 278.01 and ICD-9 procedure code 44.69 when used for the noncovered procedure, Open vertical banded gastroplasty.
- Billed with principal ICD-9 CM diagnosis code 278.01 and ICD-9 procedure code 43.89 when used for the following noncovered procedures:
- Open sleeve gastrectomy
- Laparoscopic sleeve gastrectomy.
Note: Carriers, FIs, or A/B MACs will use Claim Adjustment Reason Code 50 when denying/rejecting claims for noncovered bariatric surgery procedures, reason code 58 when payment is denied due to performing the surgery at an unapproved facility, and reason code 167 when denying the claim because the patient did not meet the conditions for coverage. Appeal rights will be afforded to all parties.
Additional Information
The official instruction, CR5477, issued to your carrier, FI, and A/B MAC regarding this change may be viewed at http://www.cms.hhs.gov/Transmittals/downloads/R1233CP.pdf on the CMS Web site.
The manual revisions to the Medicare Claims Processing Manual (Pub. 100-04; Chapter 32) included as an attachment to CR5477:
CR 5013, Transmittal R931CP and R54NCD, dated April 28, 2006, may be found at http://www.cms.hhs.gov/Transmittals/downloads/R931CP.pdf and
http://www.cms.hhs.gov/Transmittals/downloads/R54NCD.pdf) on the CMS Web site.
If you have any questions, please contact your carrier, FI, or A/B MAC at their toll-free number, which may be found on the CMS Web site at http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip on the CMS Web site.
Clarification of MM5488 Article Regarding Coding on CMS-1500
Provider Types Affected
Physicians and providers submitting co-payment reimbursement claims to Medicare carriers and Part A/B Medicare Administrative Contractors (A/B MACs) for services provided to Medicare beneficiaries.
What You Need to Know
This special addition article (SE0716) clarifies MM5488 (Temporary Addition to the Administrative Simplification Compliance Act (ASCA) Exception List for Medicare Secondary Payer (MSP) Claims —Released March 9, 2007). MM5488 related to Change Request (CR) 5488, which informed Medicare carriers and A/B MACS that a temporary waiver to a requirement of the Administrative Simplification Compliance Act (ASCA) is being granted for the co-payments in MSP claims.
Specifically, SE 0716 notifies physicians and providers that your claims may be processed in error if you identify the primary payer’s primary payment in block 29 of the CMS form 1500. You must only identify and enter the beneficiary payment amount in this block.
Background
CR 5488 instructed CMS contractors (carriers and A/B MACs) who use the Medicare Multi-Carrier System (MCS) for claims processing, to grant a temporary ASCA waiver (until July 1, 2007) for Electronic Media Claim (EMC) MSP claims to allow processing of these claims for reimbursement of a beneficiary for co-payment paid to the provider when the primary payer is an employer Managed Care Organization (MCO).
Therefore, until July 1, 2007, carriers and A/B MACs will allow for co-payment reimbursement claims to be submitted on paper and to send reimbursement directly to the beneficiary.
In clarifying MM5488, this special addition article (SE0716) notifies physicians and providers, that in order for this temporary exception to be implemented, you must only identify the beneficiary payment amount in block 29 of the CMS form 1500. You must not identify the primary payer’s primary payment in this block, or your claims may be processed in error.
Additional Information
You might want to review CR 5488 at http://cms.hhs.gov/transmittals/downloads/R1194CP.pdf or MM5488 at http://www.cms.hhs.gov/MLNMattersArticles/downloads/MM5488.pdf on the CMS Web site.
If you have any questions, please contact your carrier or A/B MAC at their toll-free number, which may be found at http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip
Colony Stimulating Factors
The draft local coverage determination (LCD) for Colony Stimulating Factors has been released into its final version for Tennessee and North Carolina (L24841) and Idaho (L24589). The effective date of this LCD will be June 1, 2007 for all states. Please visit the CIGNA Government Services Web site at http://www.cignagovernmentservices.com draft table for your specific state.
Common Working File (CWF) Duplicate Claim Edit for the Technical Component (TC) of Radiology and Pathology Laboratory Services Provided to Hospital Patients
Revised errata sheets and downloadable versions (April 2007) of the Medicare Physician Guide: A Resource for Residents, Practicing Physicians, and Other Health Care Professionals and the Facilitator’s Guide – Companion to Medicare Physician Guide: A Resource for Residents, Practicing Physicians, and Other Health Care Professionals have been posted on the CMS Medicare Learning Network. To access these publications, visit www.cms.hhs.gov/MLNProducts/MPUB/list.asp.
Note: This article was revised on April 20, 2007, to show that important new information on this issue is available in MLN Matters article MM5468 (http://www.cms.hhs.gov/MLNMattersArticles/downloads/MM5468.pdf). In essence, according to MM5468, qualifying independent laboratories may continue to bill Medicare for the TC of physician pathology services furnished to Medicare patients of a covered hospital stay during calendar year 2007. Be sure to view MM5468 for details.
Provider Types Affected
Radiology suppliers, physicians and non-physician practitioners billing Medicare carriers for the TC of radiology laboratory services provided to Medicare fee-for-service hospital inpatients. Also affected are independent laboratories billing Medicare carriers for the TC of pathology laboratory services provided to Medicare fee-for-service hospital patients.
Provider Action Needed
Effective April 1, 2007, CMS will install systems edits to prevent improper payments to radiology suppliers, physicians and non-physician practitioners for the TC of radiology laboratory services during an inpatient stay. The system edits will also apply to independent laboratories for the TC of pathology laboratory services provided to beneficiaries during a covered inpatient hospital stay or provided on the same date of service as an outpatient service. This change applies to claims with dates of service on or after January 1, 2007, where the claim is received on or after April 1, 2007. Please be sure billing staff are aware of these changes.
Background
Current Medicare billing practices allow either the hospital or the supplier performing the technical component (TC) of physician pathology laboratory services to bill the carrier for these services. This policy has contributed to the Medicare program paying twice for the TC service, first through the Prospective Payment System (PPS) to the hospital and again to the supplier that bills the carrier, instead of the hospital, for the TC service.
Effective for claims received on or after April 1, 2007 for services on or after January 1, 2007, CMS will install systems edits to prevent additional improper payments to radiology suppliers, physicians and non-physician practitioners billing Medicare carriers for the TC of radiology laboratory services during an inpatient stay. The edits will also apply to independent laboratories for the TC of pathology services provided to beneficiaries during an inpatient stay or for the same date of service as an outpatient service.
Key Points
- Effective for claims received on or after April 1, 2007, Medicare will reject/deny a Part B TC or globally billed radiology service with a service date on or after January 1, 2007, that falls within the admission and discharge dates of a covered hospital inpatient stay. Such services will also be rejected/ denied when they match with a date of service of a hospital inpatient previously processed by Medicare.
- Effective for claims received on or after April 1, 2007, Medicare will reject/deny reject a Part B TC or globally billed pathology service with a service date on or after January 1, 2007, that falls within the admission and discharge dates of a covered hospital inpatient stay when billed by a physician/supplier. Such services will also be rejected/denied when they match with a date of service of a hospital outpatient bill (bill types 13X and 85X0) previously processed by Medicare.
- If providers submit a TC of a radiology or pathology service with a service date that falls within the admission and discharge dates of a covered hospital inpatient stay the carrier will use Remittance Advice Reason Code 109 “Claim not covered by this payer/ contractor.” when denying a service line item.
- Where Medicare systems detect that a Part B TC or globally billed radiology or physician pathology service has been paid and Medicare subsequently receives a hospital inpatient bill for the same date of service, the Medicare carrier will adjust a TC of a radiology or physician pathology service line item and recoup the payment made for that service from the physician/supplier. The Medicare carrier will also adjust a TC of a pathology service for an
outpatient claim. The same Remittance Advice Reason Code of 109 will be used in such cases. - Effective for claims received on or after April 1, 2007, the carrier will deny an incoming Part B TC or globally billed radiology or physician pathology service line item with a service date that falls outside the occurrence span code 74 (non-covered level of care) from and through dates plus one day on a posted hospital inpatient bill. Again, the carrier will use Remittance Advice Reason Code 109. In addition, the Medicare carrier will recoup payment made to the physician/supplier if a subsequent hospital inpatient bill is received for those same services.
- Carriers will not search their files to either retract payment or retroactively pay claims prior to the
implementation of CR5347. However, they will
adjust claims if they are brought to their attention.
Implementation
This change will be implemented on April 2, 2007.
Additional Information
If you have questions, please contact your Medicare fiscal intermediary (FI), carrier or A/B MAC at their toll-free number which may be found at http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip on the CMS Web site.
For complete details regarding this CR, please see the official instruction issued to your Medicare FI, Carrier or A/B MAC. That instruction may be viewed by going to http://www.cms.hhs.gov/Transmittals/downloads/R1221CP.pdf on the CMS Web site.
Implementation of Revised Fee Schedule Amounts for New Healthcare Common Procedure Coding System (HCPCS) Codes for Power Mobility Devices (PMDs)
As noted in Change Request (CR) 5537, the April Quarterly Update for 2007 Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Fee Schedule implements fee schedule changes for several PMD HCPCS codes. Joint Signature Memorandum/Technical Direction Letter (JSM/TDL)-07308, issued on March 23, 2007, included instructions for implementation on April 2, 2007, of revised 2007 fee schedule amounts for codes K0822, K0825, K0835, K0838, K0848, K0850, K0851, K0859, and K0864. Only Louisiana and the United States Virgin Islands are affected by the revisions to the fee schedule amounts for code K0864.
This JSM/TDL advises that included in the aforementioned 2007 fee schedule changes noted in CR 5537 are revisions to codes K0829, K0839, K0855, K0863, and K0864. The revisions to the 2007 fee schedule amounts for codes K0829, K0839, K0855, K0863, and K0864 affect only Kansas. In addition to Kansas, Puerto Rico is also affected by the 2007 fee schedule amount revisions for code K0864. Instructions for retrieving the revised 2007 DMEPOS fee schedule file were provided in CR 5537.
Contractors must adjust previously processed claims for codes K0829, K0839, K0855, K0863, and K0864 with
dates of service on or after January 1, 2007, if they are resubmitted as adjustments.
Instructions for Implementing the Centers for Medicare & Medicaid (CMS) Ruling CMS 1536-R; Astigmatism-Correcting Intraocular Lens (A-C IOLs)
An Overview of Medicare Preventive Services for Physicians, Providers, Suppliers, and Other Health Care Professionals educational video program, provides information on Medicare-covered preventive services, risk factors associated with various preventable diseases, and highlights the importance of prevention, detection, and early treatment of disease. The program is an excellent resource to help physicians, providers, suppliers, and other health care professionals learn more about preventive benefits covered by Medicare. Running approximately 75 minutes in length, the program is suitable for individual viewing or for use in conjunction with a conference or training session. To order your copy today, go to the Medicare Learning Network Product Ordering page at
http://cms.meridianksi.com/kc/main/kc_frame.asp?kc_ident=kc0001&loc=5 on the CMS Web site. Available in DVD or VHS format.
Provider Types Affected
Physicians, providers, and suppliers submitting claims to Medicare contractors (carriers, Fiscal Intermediaries (FIs), or Part A/B Medicare Administrative Contractors (A/B MACs) for services provided to Medicare beneficiaries.
Provider Action Needed
This article is based on Change Request (CR) 5527 which discusses a recent Administrator Ruling from the Centers for Medicare & Medicaid Services (CMS) regarding astigmatism-correcting intraocular lenses (A-C IOLs) following cataract surgery (CMS-1536-R). The new policy is effective for dates of service on and after January 22, 2007. Physicians and providers need to be aware that effective January 22, 2007:
- Medicare will pay the same amount for cataract extraction with A-C IOL insertion that it pays for cataract extraction with conventional IOL insertion.
- The beneficiary is responsible for payment of that portion of the hospital or ambulatory surgery center (ASC) charge for the procedure that exceeds the facility’s usual charge for cataract extraction and insertion of a conventional IOL following cataract surgery, as well as any fees that exceed the physician’s usual charge to perform a
cataract extraction with insertion of a
conventional IOL.
In addition, CMS reminds physicians that they can be reimbursed for the conventional or A-C IOL (V2632) only when the service is performed in a physician’s office. Also, when physicians perform cataract surgery in an ASC or hospital outpatient setting, the physician may only bill for the professional service because payment for the lens is bundled into the facility payment for the cataract extraction.
Background
The Centers for Medicare & Medicaid Services (CMS) Administrator rulings serve as 1) precedent final opinions and orders and 2) statements of policy and interpretation. The Administrator rulings provide clarification and interpretation of complex or ambiguous provisions of the law or regulations relating to Medicare, Medicaid, utilization and peer review by Quality Improvement Organizations, private health insurance, and related matters. These rulings also promote consistency in interpretation of policy and adjudication of disputes, and they are binding on all CMS components, Medicare contractors, the Provider Reimbursement Review Board, the Medicare Geographic Classification Review Board, and Administrative Law Judges who hear Medicare appeals.
CR5527 discusses a recent CMS Administrator Ruling concerning requirements for determining payment for insertion of intraocular lenses (IOLs) that replace beneficiaries’ natural lenses and correct pre-existing astigmatism following cataract surgery under the Social Security Act:
Note that CR5527 basically restates CMS policy provided in CR3927 (MLN Matters article MM3927), except that CR3927 focused on presbyopia-correcting IOLs and this article focuses on A-C IOLs.
Coverage Policy
In general, an item or service covered by Medicare must satisfy the following three basic requirements:
- Fall within a statutorily-defined benefit category;
- Be reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body part;
- Not be excluded from coverage.
The Social Security Act specifically excludes eyeglasses and contact lenses from coverage, with an exception for one pair of eyeglasses or contact lenses covered as a prosthetic device furnished after each cataract surgery with insertion of an IOL. In addition, there is no Medicare benefit category to allow payment for the surgical correction of cylindrical lenses of eyeglasses or contact lenses that may be required to compensate for the imperfect curvature of the cornea (astigmatism).
An A-C IOL is intended to provide what is otherwise achieved by two separate items:
- An implantable conventional IOL (one that is not astigmatism-correcting) that is covered by Medicare, and
- The surgical correction, eyeglasses, or contact lenses that are not covered by Medicare.
Although A-C IOLs may serve the same function as eyeglasses or contact lenses furnished following removal of a cataract, A-C IOLs are neither eyeglasses nor contact lenses. The following table is a summary of benefits for which Medicare makes payment, and services for which Medicare does not pay (no benefit category):
| Benefits for Which Medicare Makes Payment | Service for Which Medicare Does NOT Pay-No Benefit Category |
| A conventional intraocular lens (IOL) implanted following cataract surgery | The asignatism-correcting functionality of an IOL implanted following cataract surgery. |
| Facility or physician services and suppies required to insert a conventional IOL following cataract surgery | Facility or physician services and resources required to insert and adjust an AC-IOL following cataract surgery that exceeds the services and resources furnished for insertion of a conventional IOL. |
| One pair of eyeglasses or contact lenses as a prosthetic device furnished after each cataract surgery with insertion of an IOL. | The surgical correction of cylindrical lenses of eyeglasses or contact lenses that may be required to compensate for inperfect curvature of the cornea (astignatism) |
Eye examinations performed to determine the refractive state of the eyes specifically associated with insertion of an AC-IOL (including subsequent monitoring services), that exceed the one-time eye examination following cataract surgery with insertion of a conventional IOL.
Currently, there is one NTIOL class approved for special payment when furnished by an ASC, and this currently active NTIOL category for “Reduced Spherical Aberration” was established on February 27, 2006 and expires on February 26, 2011.
Effective for services furnished on or after January 22, 2007, CMS now recognizes the following as A-C IOLs:
- Acrysof® Toric IOL (models: SN60T3, SN60T4, and SN60T5), manufactured by Alcon Laboratories, Inc; and
- Silicon 1P Toric IOL (models: AA4203TF and AA4203TL), manufactured by STAAR Surgical.
Payment Policy for Facility Services and Supplies
The following applies to an IOL inserted following removal of a cataract in a hospital (on either an outpatient or inpatient basis) that is paid under 1) the hospital Outpatient Prospective Payment System (OPPS) or 2) the Inpatient Prospective Payment System (IPPS), respectively (or in a Medicare-approved ASC that is paid under the ASC fee schedule):
- Medicare does not make separate payment to the hospital or the ASC for an IOL inserted subsequent to extraction of a cataract. Payment for the IOL is packaged into the payment for the surgical cataract extraction/lens replacement procedure; and
- Any person or ASC, who presents or causes to be presented a bill or request for payment for an IOL inserted during or subsequent to cataract surgery for which payment is made under the ASC fee schedule, is subject to a civil money penalty.
For an A-C IOL inserted subsequent to removal of a cataract in a hospital (on either an outpatient or inpatient basis) that is paid under the OPPS or the IPPS, respectively (or in a Medicare-approved ASC that is paid under the ASC fee schedule):
- The facility should bill for removal of a cataract with insertion of a conventional IOL, regardless of whether a conventional or A-C IOL is inserted. When a beneficiary receives an A-C IOL following removal of a cataract, hospitals and ASCs should report the same CPT code that is used to report removal of a cataract with insertion of a conventional IOL (see “Coding” below);
- There is no Medicare benefit category that allows payment of facility charges for services and supplies required to insert and adjust an A-C IOL following removal of a cataract that exceed the facility charges for services and supplies required for the insertion and adjustment of a conventional IOL; and
- There is no Medicare benefit category that allows payment of facility charges for subsequent
treatments, services and supplies required to examine and monitor the beneficiary who receives an AC- IOL following removal of a cataract that exceed the facility charges for subsequent treatments, services, and supplies required to examine and monitor a
beneficiary after cataract surgery followed by insertion of a conventional IOL.
Payment Policy for Physician Services and Supplies For an IOL inserted following removal of a cataract in a physician’s office Medicare makes separate payment, based on reasonable charges, for an IOL inserted subsequent to extraction of a cataract that is performed at a physician’s office.
For an A-C IOL inserted following removal of a cataract in a physician’s office:
- A physician should bill for a conventional IOL, regardless of whether a conventional or A-C IOL is inserted (see “Coding,” below);
- There is no Medicare benefit category that allows payment of physician charges for services and supplies required to insert and adjust an A-C IOL following removal of a cataract that exceed the physician charges for services and supplies for the insertion and adjustment of a conventional IOL;and
- There is no Medicare benefit category that allows payment of physician charges for subsequent treatments, services, and supplies required to examine and monitor a beneficiary following removal of a cataract with insertion of an AC-IOL that exceed the physician charges for services and supplies to examine and monitor a beneficiary following removal of a cataract with insertion of a conventional IOL.
For an A-C IOL inserted following removal of a cataract in a hospital or ASC:
- A physician may not bill Medicare for the A-C IOL inserted during a cataract procedure performed in those settings because payment for the lens is included in the payment made to the facility for the entire procedure;
- There is no Medicare benefit category that allows payment of physician charges for services and supplies required to insert and adjust an A-C IOL following removal of a cataract that exceed physician charges for services and supplies required for the insertion of a conventional IOL; and
- There is no Medicare benefit category that allows payment of physician charges for subsequent treatments, services, and supplies required to examine and monitor a beneficiary following removal of a cataract with insertion of an A-C IOL that exceed the physician charges for services and supplies required to examine and monitor a beneficiary following cataract surgery with insertion of a conventional IOL.
Coding
No new codes are being established at this time to identify an A-C IOL or procedures and services related to an A-C IOL, and hospitals, ASCs, and physicians should report one of the following CPT codes to bill Medicare for removal of a cataract with IOL insertion:
- CPT Code 66982 - Extracapsular cataract removal with insertion of intraocular lens prosthesis (one stage procedure), manual or mechanical technique
(e.g., irrigation and aspiration or
phacoemulsification), complex, requiring devices or techniques not generally used in routine cataract surgery (e.g., iris expansion device, suture support
for intraocular lens, or primary posterior capsulorrhexis) or performed on patients in the amblyogenic developmental stage, - CPT Code 66983 - Intracapsular cataract extraction with insertion of intraocular lens prosthesis (one stage procedure), or
- CPT Code 66984 - Extracapsular cataract removal with insertion of intraocular lens prosthesis (one stage procedure), manual or mechanical technique (e.g., irrigation and aspiration or phacoemulsification).
Physicians inserting an IOL or an A-C IOL in an office setting may bill code V2632 (posterior chamber intraocular lens) for the IOL or the A-C IOL, which is paid on a reasonable charge basis.
If appropriate, hospitals and physicians may use the proper CPT code(s) to bill Medicare for evaluation and management services usually associated with services following cataract extraction surgery, if appropriate.
Beneficiary Liability
When a beneficiary requests insertion of an A-C IOL instead of a conventional IOL following removal of a cataract and that procedure is performed, the beneficiary is responsible for payment of facility charges for services and supplies attributable to the astigmatism-correcting functionality of the A-C IOL:
- In determining the beneficiary’s liability, the facility and physician may take into account any additional work and resources required for insertion, fitting, vision acuity testing, and monitoring of the AC-IOL that exceeds the work and resources attributable to insertion of a conventional IOL;
- The physician and the facility may not charge for cataract extraction with insertion of an A-C IOL unless the beneficiary requests this service; and
- The physician and the facility may not require the beneficiary to request an A-C IOL as a condition of performing a cataract extraction with IOL insertion.
Provider Notification Requirements
When a beneficiary requests insertion of an A-C IOL instead of a conventional IOL following removal of a cataract:
- Prior to the procedure to remove a cataractous lens and insert an A-C IOL, the facility and the physician must inform the beneficiary that Medicare will not make payment for services that are specific to the insertion, adjustment, or other subsequent treatments related to the astigmatism-correcting functionality of the IOL.
- The correcting functionality of an A-C IOL does not fall into a Medicare benefit category and, therefore, is not covered. Therefore, the facility and physician are not required to provide an Advanced Beneficiary Notice to beneficiaries who request an A-C IOL.
- Although not required, CMS strongly encourages facilities and physicians to issue a Notice of Exclusion from Medicare Benefits to beneficiaries in order to identify clearly the non-payable aspects of an A-C IOL insertion. This notice may be found on the CMS Web site at:
- http://cms.hhs.gov/medicare/bni/20007_English.pdf for the English language version and
- http://cms.hhs.gov/medicare/bni/20007_Spanish.pdf for the Spanish language version.
Additional Information
The official instruction, CR5527, issued to your Medicare carrier, intermediary, and A/B MAC regarding this change may be viewed at http://www.cms.hhs.gov/Transmittals/downloads/R1228CP.pdf on the CMS Web site.
If you have any questions, please contact your Medicare carrier, intermediary, or A/B MAC at their toll-free number, which may be found on the CMS Web site at http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip.
Invalid Skilled Nursing Facility (SNF) Informational Unsolicited Responses (IURs) from Medicare’s Common Working File (CWF) System
Provider Types Affected
Physicians, suppliers, and providers who submit claims to Medicare contractors (fiscal intermediaries (FIs), carriers, Part A/B Medicare Administrative Contractors (A/B MACs), durable medical equipment (DME) regional carriers (DMERCs), DME Medicare Administrative contractors (DME/MACs), and/or regional home health intermediaries (RHHIs)).
Provider Action Needed
STOP – Impact to You
Medicare systems may have inadvertently rejected outpatient, Part B, and DME claims that overlapped periods of a SNF stay by a beneficiary, whose Medicare SNF benefits were exhausted and for whom a non-pay SNF claim was submitted to Medicare.
CAUTION – What You Need to Know
This problem may have affected some of your claims processed by Medicare from October 2, 2006 until January 29, 2007, when Medicare systems were fixed.
GO – What You Need to Do
You need not take any action as your Medicare contractor will take steps to adjust any claims affected and to reverse or stop any payment recovery actions. See the Background section for more details.
Background
Providers need to be aware that the Centers for Medicare & Medicaid Services (CMS) has identified an issue with processing outpatient, Part B, and DME claims for beneficiaries who are in a SNF, but whose Medicare coverage for the SNF stay has ended. In October of 2006 Change Request (CR) 4292 (Benefits Exhaust and No-Payment for Medicare FIs and SNFs) was implemented. CR4292 (see Additional Information section for the CMS Web site address of CR4292) mandated that providers submit ALL SNF non-pay claims after benefits were exhausted to allow CMS to track the beneficiary’s benefit period.
Medicare system changes relating to CR4292 caused outpatient, Part B, and DME paid claims that overlap non-pay SNF claims to be rejected. This is an error and your Medicare contractor will adjust claims or payment recovery actions resulting from this problem. The CWF coding change to fix this problem was effective and in production on January 29, 2007 and CWF will provide a list of claims to the applicable contractors to allow for corrections and payment to be made to providers.
Key Points
CMS has directed Medicare contractors to correct any claims that were adjusted as a result of the problem with implementation of CR4292.
- Any providers whose claims were impacted will be paid any payment recovered to include any interest charged.
- Where the payment recovery has not occurred, the Medicare contractor will stop such action.
Additional Information
For complete details regarding this CR please see the official instruction (CR5587) issued to your Medicare carrier, FI, A/B MAC, DME MAC, DMERC, or RHHI. That instruction may be viewed by going to http://www.cms.hhs.gov/Transmittals/downloads/R274OTN.pdf on the CMS Web site.
If you have questions, please contact your Medicare carrier, FI, A/B MAC, DME MAC, DMERC, or RHHI, at their toll-free number which may be found at:
http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip on the CMS Web site. The MLN Matters article for CR4292, Benefits Exhaust and No-Payment for Medicare FIs and SNFs, can be viewed at http://www.cms.hhs.gov/MLNMattersArticles/downloads/MM4292.pdf on the CMS Web site.
LCD for Electrodiagnostic Testing: Nerve Conduction Studies (NCS) & Electromyography (EMG) Revised – Covered ICD-9 Diagnosis Codes Added
The LCDs for Electrodiagnostic Testing: Nerve Conduction Studies (NCS) & Electromyography (EMG) have been revised to add covered ICD-9 diagnosis codes 354.0, 729.5 and 782.0 to the lists of covered ICD-9 diagnosis codes for Group 5 (CPT© procedure codes 95903, 95934 and 95936). This additional coverage is retroactive to the original effective date for the LCDs, February 4, 2007. Please refer to the CIGNA Government Services Web site at http://www.cignagovernmentservices.com to view the policy.
Measurement of Bone Density
The dosage eligibility requirement for steroid therapy has been reduced from 7.5mg to 5.0 mg of prednisone effective January 2, 2007. Please refer to the CIGNA Government Services Web site at http://www.cignagovernmentservices.com to view the policy.
Medicare Durable Medical Equipment Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program Final Regulation
The Medicare Durable Medical Equipment Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program Final Regulation is now published at the Federal Register at http://www.cms.hhs.gov/CompetitiveAcqforDMEPOS/Downloads/CMS-1270-F.pdf
CMS has also announced the first 10 metropolitan areas in which competition will occur, as well as the first items to be competitively bid. Visit the CMS Web site at http://www.cms.hhs.gov/CompetitiveAcqforDMEPOS/ to view the rule and for additional information.
Medicare Fee for Service (FFS) National Provider Identifier (NPI) Implementation Contingency Plan
Not Otherwise Classified Drugs And Unlisted Procedures
When billing for a Not Otherwise Classified Drug, the name of the drug and exact dosage administered must be entered in item 19 of the CMS–1500 claim form or as an attachment for paper claims. For claims submitted electronically, this information would be entered in the Loop 2300 Segment NTE field (the electronic equivalent of block 19 of the paper form). The allowed amount for the drug will be based on the information entered in these fields.
The actual number or quantity billed must be clearly indicated on the claim form. When multiple services are provided, enter the actual number provided. For claims reporting a service or pricing unit, the following example should be used to code the line item.
Example: A total of 300mgs was administered for Not Otherwise Classified drug code (NOC) J3490. Cimetidine Hydrochloride (Tagamet), 150 mgs. In this case, 150 mg equals 1 unit/service. Thus, 300 mgs equals 2 units/services. Item 19 should be completed with the Not Otherwise Classified drug billed and the actual dosage given - J3490 – Cimetidine Hydrochloride 300mgs.
Once the drug has been issued a specific procedure code, the assigned procedure code should be used and your number of services should be adjusted based on the description and the dosage of the assigned procedure code. If the miscellaneous code continues to be billed after a specific procedure code has been assigned, your claim may be denied as a billing error. This does not apply to the compounded drugs billed under J3490. Compounded drugs shall continue to be billed under J3490 and the purchase information included with the claim.
When billing for an “Unlisted Procedure Code” a concise description of an “unlisted procedure code” must be entered in item 19 of the CMS-1500 claim form or as an attachment for paper claims. For claims submitted electronically, this information would be entered in the Loop 2300 Segment NTE field (the electronic equivalent of block 19 of the paper form).
Claims will be returned as unprocessable if an “unlisted procedure code” or a Not Otherwise Classified Drug (NOC) code is indicated in item 24D, but an accompanying narrative is not present in item 19 or an attachment.
For claims submitted electronically, claims will be returned as unprocessable if an “unlisted procedure code” or a Not Otherwise Classified Drug (NOC) code is indicated in the Loop 2400 Segment SV101-2, but an accompanying narrative is not present in the Loop 2300 Segment NTE field.
Part C Plan Type Display on the Medicare’s Common Working File (CWF) — CR5538 rescinds and fully replaces CR 5349
Provider Types Affected
Physicians, providers, and suppliers who access Medicare beneficiary eligibility data through CWF eligibility screens (e.g. HUQA, HIQA, HIQH, ELGA, ELGB, and ELGH).
Provider Action Needed
Be aware of the expanded list of MA Plan Type Descriptions that are being displayed by Medicare’s CWF system. Being aware of the MA plan type is crucial, especially for those beneficiaries who are enrolled in Private Fee-For-Service (PFFS) plans. A plan directory, which is quite descriptive, is now available at http://www.cms.hhs.gov/MCRAdvPartDEnrolData/.
Background
The CWF displays information on the Medicare Part C (now known as Medicare Advantage) contract number in which a beneficiary is enrolled, including the plan type description associated with the contract, and currently, CWF displays the label “HMO” for these contracts. In many of these cases, the “HMO” label is incorrect because the list of possible plan type descriptions has grown much larger since the creation of the Medicare Advantage (MA) programs.
This situation has especially become problematic for Medicare beneficiaries who are enrolled in MA Private Fee-for-Service (PFFS) contracts because PFFS contracts are labeled as “HMO” in CWF. Consequently, some providers are not recognizing that they can offer services to those beneficiaries enrolled in a MA PFFS contract.
To address this issue, the Health Plan Management System (HPMS) will modify the existing HMO address file exchange process with CWF in order to supply the list of available contract numbers and their corresponding plan type descriptions. With this new data, CWF can correctly display one of the following plan type descriptions: HMO, PPO, POS, Indemnity, or FFS Demo. The following table provides additional information to providers regarding these plan type descriptions:
| Plan Type Descripton | Brief Guidance on Treating Patient | Additional Information |
| HMO | Call plan for authorization | Managed Care plan with a provider network. Limited or no out -of-network coverage witht he exception of emergency services |
| PPO | You may treat the patient | Has a network of providers. In return for higher cost sharing, members can go out of the plan network for all plan services, including supplemental benefits |
| POS | You may treat the patient subject to plan rules. Contact the plan for details | A limited out-of-network option offered by HMO plans. Contact plan for details |
| Indemnity | You may treat the patient | If this is a PFFS plan, you must follow the PFFS plan’s terms and conditions of payment. If this is a Medical Savings Account (MSA) plan, the member may pay you directly. |
FFS Demo You may treat the patient. Beneficiaries remain in original Medicare and are entitled to all fee-for-service benefits. There are no changes to Medicare FFS billing instructions or claims processing.
Additional Information
The official instruction, CR5538, issued to your carrier, intermediary, RHHI, A/B MAC, DMERC, or DME MAC regarding this change may be viewed at
http://www.cms.hhs.gov/Transmittals/downloads/R1219CP.pdf on the CMS Web site.
If you have any questions, please contact your Medicare carrier, intermediary, RHHI, A/B MAC, DMERC, or DME MAC at their toll-free number, which may be found on the CMS Web site at http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip.
Provider Education for Handling NPI Issues Related to Deceased Providers
Provider Education for Handling NPI Issues Related to Deceased Providers
Removal and Destruction of Benign Skin Lesions — Important Reminder About Correct Billing
Providers are reminded that when billing for removal or destruction of benign skin lesions, correct modifier usage is required.
When coverage criteria described in the Local Coverage Determination (LCD) for Removal and Destruction of Benign Skin Lesions are met and documented in the patient’s medical record, modifier KX (Specific required documentation on file) must be appended to the procedure code(s) billed.
When lesion removal or destruction is for cosmetic purposes (e.g., at the request of the patient to improve appearance, or in the absence of a threat to health or function), modifier GY (Item/service statutorily excluded or does not meet definition of any Medicare benefit) must be appended to the procedure code(s) billed. Claims billed with modifier GY are denied as non-covered (coverage is statutorily excluded) and the patient is responsible for payment.
Claims billed for removal or destruction of benign skin lesions without either of the modifiers above may be denied as not reasonable and necessary. The provider is held liable unless a valid Advanced Beneficiary Notification (ABN) has been signed by the patient and is kept on file by the provider. When a valid ABN is on file, modifier GA (Waiver of liability statement on file) must be appended to the code(s) billed.
For additional information about these services, refer the LCD and related Article located at the CMS Web site, http://www.cms.hhs.gov/mcd/indexes.asp?clickon=index.
Requirement for Providing Route of Administration Codes for Erythropoiesis Stimulating Agents (ESAs)
The Medicare Physician Fee Schedule Fact Sheet, which provides general information about the Medicare Physician Fee Schedule, is now available in print format. To place an order for the fact sheet, visit the Medicare Learning Network at http://www.cms.hhs.gov/mlngeninfo on the Centers for Medicare & Medicaid Services Web site and select “MLN Product Ordering Page” under the “Related Links inside CMS” Section.
Note: This article was revised on April 30, 2007, to replace one of the HCPCS codes on page 2 (Q4055) with J0886. All other information is the same.
Provider Types Affected
Physicians, providers, and suppliers who bill Medicare contractors (carriers, including durable medical equipment regional carriers (DMERCs) and DME Medicare administrative contractors (DME MACs), fiscal intermediaries (FIs),including regional home health intermediaries (RHHIs), and Medicare administrative contractors (MACs)) for providing ESA administration services to Medicare end stage renal disease (ESRD) beneficiaries.
What You Need to Know
CR 5480, from which this article is taken, instructs all providers and suppliers on the voluntary reporting of route of administration modifiers on claims for Erythropoiesis Stimulating Agents (ESAs) for ESRD beneficiaries. Route of administration modifiers were published and effective January 1, 2007, for reporting on Medicare claims submitted on or after February 1, 2007, for dates of service on or after January 1, 2007. Please see the background section for details.
Background
Current claims processing requirements do not allow you to report the method of administering Erythropoiesis Stimulating Agents (ESA) – such as epoetin alfa (EPO) and darbepoetin alfa (Aranesp) – to treat your end stage renal disease (ESRD) patients who are anemic. However, in order to study the efficacy of both intravenous administration and subcutaneous administration methods of ESA administration, the Centers for Medicare and Medicaid Services (CMS) will begin requesting you to voluntarily report modifiers, which will indicate the method of ESA administration.
Specifically, CR 5480, from which this article is taken, announces that, effective for claims submitted on or after February 1, 2007 (with dates of services on or after January 1, 2007), all providers and suppliers who bill for administering ESA to ESRD beneficiaries (Healthcare Common Procedure Coding System (HCPCS) codes Q4081, J0882, or J0886) are encouraged to include:
- Modifier JA on the claim to indicate an intravenous administration or
- Modifier JB to indicate a subcutaneous administration.
You should be aware that in the future, this reporting of the route of ESA administration will be a requirement, and additional instructions will be issued at that time. But until then, a claim for an ESA that does not report the route of administration will not be returned to the provider, and will be paid the same as a claim that does report the route of administration. Also, be aware that renal dialysis facilities whose claims include charges for ESA administration by both methods should report them in separate lines in order to identify the number of administrations provided by each method.
Additional Information
You can find more information about route of administration codes for Erythropoiesis Stimulating Agents (ESAs) by going to CR 5480, located at
http://www.cms.hhs.gov/Transmittals/downloads/R1212CP.pdf on the CMS Web site. As attachments to this CR, you will find updated Medicare Claims Processing Manual , Chapter 8 (Outpatient ESRD Hospital, Independent Facility, and Physician/Supplier Claims), Section 60.2.3.1 (Requirement for Providing Route of Administration Codes for Erythropoiesis Stimulating Agents (ESAs)); and Chapter 17 (Drugs and Biologicals), Section 80.11(Requirements for Providing Route of Administration Codes for Erythropoiesis Stimulating Agents (ESAs)).
If you have any questions, please contact your Medicare contractor at their toll-free number, which may be found at http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip on the CMS Web site.
Revisions to Form CMS-1500 Submission Requirements
PQRI Information Available
A new CMS Web page dedicated to providing information on the Physician Quality Reporting Initiative (PQRI) is now available.
On December 20, 2006, the President signed the Tax Relief and Health Care Act of 2006 (TRHCA). Section 101 under Title I authorizes the establishment of a physician quality reporting system by CMS. CMS has titled the statutory program the Physician Quality Reporting Initiative. For more information, visit http://www.cms.hhs.gov/pqri on the CMS Web site.
Provider Types Affected
Physicians, non-physician practitioners, and suppliers who bill Medicare contractors (Part A/B Medicare Administrative Contractors (A/B MACS), carriers, durable medical equipment regional contractors (DMERCS) and DME Medicare Administrative Contractors (DME MACs) for their services using the Form CMS-1500.
Background
The Form CMS-1500 answers the needs of many health insurers. It is the basic form prescribed by the Centers for Medicare & Medicaid Services (CMS) for the Medicare and Medicaid programs for claims from physicians and suppliers. The language contained in the Medicare Claims Processing Manual, Chapter 26, regarding the Form CMS-1500 is being updated to reflect current processing guidelines and incorporate recent data collection decisions made by CMS.
Key Points
CR5489 makes the following updates to the CMS-1500 requirements:
- The requirement to submit the provider’s Social Security Number in Box 25 has been removed;
- The requirement to report the PIN of the Skilled Nursing Facility in Box 23 has been removed; and
- Clarification language was added to Box 17a, indicating the qualifier 1G precedes the Unique Physician Identification Number (UPIN).
In addition, language has been added regarding the completion of Item 25 (the provider of service or supplier federal tax identification number). Medicare providers are not required to complete this item for crossover claim purposes, since the Medicare contractor will retrieve the tax identification information from their internal provider file for inclusion on the Coordination of Benefits (COB) outbound claim. However, tax identification information is used in the determination of accurate National Provider Identification (NPI) reimbursement. Thus, reimbursement of claims submitted without tax identification information may be delayed.
Additional Information
CR5489 is the official instruction issued to your Medicare contractor. That instruction may be viewed by going to http://www.cms.hhs.gov/Transmittals/downloads/R1215CP.pdf on the CMS Web site. The revised Chapter 26, section 10.4, of the Medicare Claims Processing Manual is attached to CR5489.
If you have any questions, please contact your contractor at their toll-free number, which may be found at http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip on the CMS site.
Update to Medicare Claims Processing Manual, Publication 100-04, Chapter 18, Section 60.1 Regarding Colorectal Screening Services
Provider Types Affected
Physicians, suppliers, and providers who submit claims for screening and diagnostic colorectal services to Medicare contractors (Fiscal intermediaries (FIs), carriers, Part A/B Medicare Administrative Contractors (A/B MACs).
Background
The Centers for Medicare & Medicaid Services (CMS) is aware that Chapter 18, Section 60.1 of the Medicare Claims Processing Manual (Publication 100-04) needed clarification regarding application of the annual Part B deductible for diagnostic colorectal services. Section 5113 of the Deficit Reduction Act (DRA) of 2005 waived the requirement for the annual Part B deductible for screening colorectal services, NOT diagnostic colorectal services. CR5541 clarifies that portion of the manual.
Key Points
The following are the key points of the revised portion of Chapter 18, Section 60.1 of the Medicare Claims Processing Manual, which is attached to CR5541 (the Web address for CR5541 is provided in the Additional Information section of this article).
- Prior to January 1, 2007, deductible and coinsurance apply to HCPCS codes G0104, G0105, G0106, G0120, and G0121. On or after January 1, 2007, the annual Part B deductible is waived for the listed HCPCS coded screening services. Coinsurance still applies.
- Coinsurance and deductible applies to the diagnostic colorectal service codes 45330, 45378, and 74280.
Additional Information
You may see the official instruction (CR5541) issued to your Medicare carrier, FI, or A/B MAC by going to http://www.cms.hhs.gov/Transmittals/downloads/R1217CP.pdf on the CMS Web site.
If you have questions, please contact your Medicare carrier, FI or A/B MAC at their toll-free number which may be found at http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip on the CMS Web site.
Ventricular Assist Devices (VADs)
Provider Types Affected
Physicians and providers submitting claims to Medicare contractors (carriers, Fiscal Intermediaries (FIs), Part A/B Medicare Administrative Contractors (A/B MACs)) for services provided to Medicare beneficiaries.
Provider Action Needed
STOP – Impact to You
This article is based on Change Request (CR) 5516 which announces that, effective March 27, 2007, new facility criteria are established and hospitals must receive certification from the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) under their Disease Specific Certification
Program for Ventricular Assist Devices (VADs). The new criteria apply to hospitals that implant VADs for the destination therapy indication.
CAUTION – What You Need to Know
Currently approved hospitals will have until March 27, 2009, to become certified by the JCAHO or they will be removed from the approved list.
GO – What You Need to Do
See the Background and Additional Information Sections of this article for further details regarding these changes.
Background
A VAD is an implantable device used to assist a damaged or weakened heart in pumping blood. These devices are used for support of blood circulation 1) post-cardiotomy, 2) as a bridge to a heart transplant, or 3) as destination therapy. Destination therapy is defined as use of a device as the end result of treatment (i.e., permanent transplantation), instead of a “bridge” to transplantation. Destination therapy is an indication for patients that are not heart transplant eligible, and therefore, they expect to require use of the VAD through the end of life.
Through a National Coverage Determination (NCD) Manual (Publication 100-03), Section 20.9, (“Artificial Hearts and Related Devices”) issued on October 14, 2003 (CR 2958, Transmittal 2; http://www.cms.hhs.gov/Transmittals/Downloads/R2NCD.pdf), Medicare began coverage of the destination therapy indication. The 2003 decision established hospital criteria and an application process through which hospitals were required to submit information to the Centers for Medicare & Medicaid Services (CMS). If approved, the hospital(s) were listed as an approved VAD destination therapy hospital on the CMS Web site (http://www.cms.hhs.gov/MedicareApprovedFacilitie/VAD/list.asp#TopOfPage). At that time, Medicare contractors were instructed to use this VAD Destination Therapy Facilities Web site to determine which hospitals in their area was Medicare approved for VADs as destination therapy.
CR 5516 announces that, effective March 27, 2007, new facility criteria are established. Included in the facility criteria are requirements that:
- Facilities must have at least one member of the VAD team with experience implanting at least 10 VADs (as bridge to transplant or destination therapy) or artificial hearts over the course of the previous 36 months;
- Facilities must be a member of the Interagency
Registry for Mechanically Assisted Circulatory
Support (INTERMACS); and - By March 27, 2009, all facilities must meet the updated CMS facility criteria and be credentialed by the JCAHO under their Disease Specific Certification Program for VADs (standards dated February 2007).
The VAD Destination Therapy Facilities Web site will be continuously updated by CMS to maintain a current list of approved facilities. Medicare contractors will continue to use this Web site to determine which hospitals are covered by Medicare when VADs are implanted as destination therapy.
Disclaimer This article was prepared as a service to the public and is not intended to grant rights or impose obligations. This article may contain references or links to statutes, regulations, or other policy materials. The information provided is only intended to be a general summary. It is not intended to take the place of either the written law or regulations. We encourage readers to review the specific statutes, regulations and other interpretive materials for a full and accurate statement of their contents.
Additional Information
The official instruction, CR5516, issued to your carrier, intermediary, or A/B MAC regarding this change may be viewed at http://www.cms.hhs.gov/Transmittals/downloads/R68NCD.pdf on the CMS Web site.
If you have any questions, please contact your Medicare carrier, intermediary, or A/B MAC at their toll-free number, which may be found on the CMS Web site at http://www.cms.hhs.gov/MLNProducts/downloads/CallCenterTollNumDirectory.zip.
Cryoplasty Considered Investigational
Cryoplasty is a new procedure that combines balloon angioplasty with cryogenics for the purpose of revascularization in peripheral artery disease while simultaneously treating to prevent re-stenosis.
At this time, CIGNA Government Services considers cryoplasty to be investigational and unproven. Cryoplasty must be billed with CPT® Code 37799. Do NOT bill using CPT® Codes 35470 through 35476.
Use CPT Code 96549 for Blood Brain Osmotic Disruption Therapy for Brain Tumors
Effective March 20, 2007, CMS has promulgated National Coverage Determination 110.20, NCD for Blood Brain Barrier Osmotic DISRUPTION for Treatment of Brain Tumors” which states that the use of osmotic BBBD is not reasonable and necessary when it is used as part of a treatment regimen for brain tumors.
Providers that elect to file a claim for this procedure should report the procedure using CPT® code 96549, unlisted chemotherapy procedure.

