Medicare and Medicaid Programs; Quarterly Listing of Program Issuances and Coverage DecisionsFourth Quarter 1993

Federal RegisterMar 17, 1994

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What actually matters in this document.

Text

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

[OIS-024-N]

Medicare and Medicaid Programs; Quarterly Listing of Program

Issuances and Coverage Decisions--Fourth Quarter 1993

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Notice.

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SUMMARY: This notice lists HCFA manual instructions, substantive and

interpretive regulations and other Federal Register notices, and

statements of policy that were published during October, November, and

December of 1993 that relate to the Medicare and Medicaid programs.

Section 1871(c) of the Social Security Act requires that we publish a

list of Medicare issuances in the Federal Register at least every 3

months. Although we are not mandated to do so by statute, for the sake

of completeness of the listing, we are including all Medicaid issuances

and Medicare and Medicaid substantive and interpretive regulations

(proposed and final) published during this timeframe.

We are also providing the content of revisions to the Medicare

Coverage Issues Manual published between October 1 and December 31,

1993. On August 21, 1989 (54 FR 34555), we published the content of the

Manual and indicated that we will publish quarterly any updates. Adding

to this listing the complete text of the changes to the Medicare

Coverage Issues Manual allows us to fulfill this requirement in a

manner that facilitates identification of coverage and other changes in

our manuals.

FOR FURTHER INFORMATION CONTACT:

Margaret Cotton, (410) 966-5260 (For Medicare instruction information)

Walter Rutemueller, (410) 966-5395 (For Medicare coverage information)

Pat Prete, (410) 965-3246 (For Medicaid instruction information)

Jacqueline Kidd, (410) 966-4682 (For all other information)

SUPPLEMENTARY INFORMATION:

I. Program Issuances

The Health Care Financing Administration (HCFA) is responsible for

administering the Medicare and Medicaid programs, which pay for health

care and related services for 36 million Medicare beneficiaries and 33

million Medicaid recipients. Administration of these programs involves

(1) Providing information to Medicare beneficiaries and Medicaid

recipients, health care providers, and the public; and (2) effective

communications with regional offices, State governments, State Medicaid

Agencies, State Survey Agencies, various providers of health care,

fiscal intermediaries and carriers who process claims and pay bills,

and others. To implement the various statutes on which the programs are

based, we issue regulations under authority granted the Secretary under

sections 1102, 1871, and 1902 and related provisions of the Social

Security Act (the Act) and also issue various manuals, memoranda, and

statements necessary to administer the programs efficiently.

Section 1871(c)(1) of the Act requires that we publish in the

Federal Register at least every 3 months a list of all Medicare manual

instructions, interpretive rules, statements of policy, and guidelines

of general applicability not issued as regulations. We published our

first notice June 9, 1988 (53 FR 21730). Although we are not mandated

to do so by statute, for the sake of completeness of the listing of

operational and policy statements, we are continuing our practice of

including Medicare substantive and interpretive regulations (proposed

and final) published during the 3-month timeframe. Since the

publication of our quarterly listing on June 12, 1992 (57 FR 24797), we

decided to add Medicaid issuances to our quarterly listings.

Accordingly, we are listing in this notice Medicaid issuances and

Medicaid substantive and interpretive regulations published from

October 1 through December 30, 1993.

II. Medicare Coverage Issues

We receive numerous inquiries from the general public about whether

specific items or services are covered under Medicare. Providers,

carriers, and intermediaries have copies of the Medicare Coverage

Issues Manual, which identifies those medical items, services,

technologies, or treatment procedures that can be paid for under

Medicare. On August 21, 1989, we published a notice in the Federal

Register (54 FR 34555) that contained all the Medicare coverage

decisions issued in that manual.

In that notice, we indicated that revisions to the Coverage Issues

Manual will be published at least quarterly in the Federal Register. We

also sometimes issue proposed or final national coverage decision

changes in separate Federal Register notices. Readers should find this

an easy way to identify both issuance changes to all our manuals and

the text of changes to the Coverage Issues Manual.

Revisions to the Coverage Issues Manual are not published on a

regular basis but on an as-needed basis. We publish revisions as a

result of technological changes, medical practice changes, responses to

inquiries we receive seeking clarifications, or the resolution of

coverage issues under Medicare. If no Coverage Issues Manual revisions

were published during a particular quarter, our listing will reflect

that fact.

Not all revisions to the Coverage Issues Manual contain major

changes. As with any instruction, sometimes minor clarifications or

revisions are made within the text. We have reprinted manual revisions

as transmitted to manual holders. The new text is shown in italics. We

will not reprint the table of contents, since the table of contents

serves primarily as a finding aid for the user of the manual and does

not identify items as covered or not.

III. How To Use the Addenda

This notice is organized so that a reader may review the subjects

of all manual issuances, memoranda, substantive and interpretive

regulations, or coverage decisions published during the timeframe to

determine whether any are of particular interest. We expect it to be

used in concert with previously published notices. Most notably, those

unfamiliar with a description of our Medicare manuals may wish to

review Table I of our first three notices (53 FR 21730, 53 FR 36891,

and 53 FR 50577) and the notice published March 31, 1993 (58 FR 16837),

and those desiring information on the Medicare Coverage Issues Manual

may wish to review the August 21, 1989, publication.

To aid the reader, we have organized and divided this current

listing into five addenda. Addendum I identifies updates that changed

the Coverage Issues Manual. We published notices in the Federal

Register that included the text of changes to the Coverage Issues

Manual. These updates, when added to material from the manual published

on August 21, 1989, constitute a complete manual as of March 31, 1993.

Parties interested in obtaining a copy of the manual and revisions

should follow the instructions in section IV of this notice.

Addendum II identifies previous Federal Register documents that

contain a description of all previously published HCFA Medicare and

Medicaid manuals and memoranda.

Addendum III of this notice lists, for each of our manuals or

Program Memoranda, a HCFA transmittal number unique to that instruction

and its subject matter. A transmittal may consist of a single

instruction or many. Often it is necessary to use information in a

transmittal in conjunction with information currently in the manuals.

Addendum IV lists all substantive and interpretive Medicare and

Medicaid regulations and general notices published in the Federal

Register during the quarter covered by this notice. For each item, we

list the date published, the Federal Register citation, the title of

the regulation, and the Parts of the Code of Federal Regulations (CFR)

which have changed.

Addendum V sets forth the revisions to the Medicare Coverage Issues

Manual that were published during the quarter covered by this notice.

For the revisions, we give a brief synopsis of the revisions as they

appear on the transmittal sheet, the manual section number, and the

title of the section. We present a complete copy of the revised

material, no matter how minor the revision, and identify the revisions

by printing in italics the text that was changed. If the transmittal

includes material unrelated to the revised section, for example, when

the addition of revised material causes other sections to be

repaginated, we do not reprint the unrelated material.

IV. How To Obtain Listed Material

A. Manuals

An individual or organization interested in routinely receiving any

manual and revisions to it may purchase a subscription to that manual.

Those wishing to subscribe should contact either the Government

Printing Office (GPO) or the National Technical Information Service

(NTIS) at the following addresses:

Superintendent of Documents, Government Printing Office, ATTN: New

Order, P.O. Box 371954, Pittsburgh, PA 15250-7954, Telephone (202) 783-

3238, Fax number (202) 512-2250 (for credit card orders); or

National Technical Information Service, Department of Commerce, 5825

Port Royal Road, Springfield, VA 22161, Telephone (703) 487-4630.

In addition, individual manual transmittals and Program Memoranda

listed in this notice can be purchased from NTIS. Interested parties

should identify the transmittal(s) they want. GPO or NTIS can give

complete details on how to obtain the publications they sell.

B. Regulations and Notices

Regulations and notices are published in the daily Federal

Register. Interested individuals may purchase individual copies or

subscribe to the Federal Register by contacting the GPO at the address

indicated above. When ordering individual copies, it is necessary to

cite either the date of publication or the volume number and page

number.

C. Rulings

Rulings are published on an infrequent basis by HCFA. Interested

individuals can obtain copies from the nearest HCFA Regional Office or

review them at the nearest regional depository library. We also

sometimes publish Rulings in the Federal Register.

D. HCFA's Compact Disk-Read Only Memory (CD-ROM)

HCFA's laws, regulations, and manuals are now available on CD-ROM,

which may be purchased from GPO or NTIS on a subscription or single

copy basis. The Superintendent of Documents list ID is HCLRM, and the

stock number is 717-139-00000-3. The following material is contained on

the CD-ROM disk:

Titles XI, XVIII, and XIX of the Act.

HCFA-related regulations.

HCFA manuals and monthly revisions.

HCFA program memoranda.

The titles are current as of the September 1, 1992, update of the

Compilation of the Social Security Laws and the regulations are those

in effect as of October 1, 1993.

The CD-ROM disk does not contain Appendices M (Interpretative

Guidelines for Hospices) and R (Resident Assessment for Long Term Care

Facilities) of the State Operations Manual. Copies of these appendices

may be reviewed at a Federal Depository Library (FDL).

Any cost report forms incorporated in the manuals are included on

the CD-ROM disk as LOTUS files. LOTUS software is needed to view the

reports once the files have been copied to a personal computer disk.

V. How To Review Listed Material

Transmittals or Program Memoranda can be reviewed at a local FDL.

Under the FDL program, government publications are sent to

approximately 1400 designated libraries throughout the United States.

Interested parties may examine the documents at any one of the FDLs.

Some may have arrangements to transfer material to a local library not

designated as an FDL. To locate the nearest FDL, individuals should

contact any library.

In addition, individuals may contact regional depository libraries,

which receive and retain at least one copy of most Federal government

publications, either in printed or microfilm form, for use by the

general public. These libraries provide reference services and

interlibrary loans; however, they are not sales outlets. Individuals

may obtain information about the location of the nearest regional

depository library from any library.

Superintendent of Documents numbers for each HCFA publication are

shown in Addendum III, along with the HCFA publication and transmittal

numbers. To help FDLs locate the instruction, use the Superintendent of

Documents number, plus the HCFA transmittal number. For example, to

find the Carriers Manual, Part 2--Program Administration (HCFA-Pub. 14-

2) transmittal entitled ``The Contractor Performance Evaluation

Program--FY 1993,'' use the Superintendent of Documents No. HE 22.8/7-

3, and the HCFA transmittal number 123.

VI. General Information

It is possible that an interested party may have a specific

information need and not be able to determine from the listed

information whether the issuance or regulation would fulfill that need.

Consequently, we are providing information contact persons to answer

general questions concerning these items. Copies are not available

through the contact persons. Copies can be purchased or reviewed as

noted above.

Questions concerning Medicare items in Addenda III may be addressed

to Margaret Cotton, Office of Issuances, Health Care Financing

Administration, Room 688 East High Rise, 6325 Security Blvd.,

Baltimore, MD 21207, Telephone (410) 966-5260.

Questions concerning Medicaid items in Addenda III may be addressed

to Pat Prete, Medicaid Bureau, Office of Medicaid Policy, Health Care

Financing Administration, Room 233 East High Rise, 6325 Security Blvd.,

Baltimore, MD 21207, Telephone (410) 965-3246.

Questions concerning items in Addenda V may be addressed to Walter

Rutemueller, Office of Coverage and Eligibility Policy, Health Care

Financing Administration, Room 401 East High Rise, 6325 Security Blvd.,

Baltimore, MD 21207, Telephone (410) 966-5395.

Questions concerning all other information may be addressed to

Jacqueline Kidd, Regulations Staff, Health Care Financing

Administration, Room 132 East High Rise, 6325 Security Blvd.,

Baltimore, MD 21207, Telephone (410) 966-4682.

(Catalog of Federal Domestic Assistance Program No. 93.773,

Medicare--Hospital Insurance, Program No. 93.774, Medicare--

Supplementary Medical Insurance Program, and Program No. 93.714,

Medical Assistance Program)

Dated: March 7, 1994.

Bruce C. Vladeck,

Administrator, Health Care Financing Administration.

Addendum I

This addendum lists the publication dates of the quarterly listing

of program issuances and coverage decision updates to the Coverage

Issues Manual.

March 20, 1990 (55 FR 10290)

February 6, 1991 (56 FR 4830)

July 5, 1991 (56 FR 30752)

November 22, 1991 (56 FR 58913)

January 22, 1992 (57 FR 2558)

March 16, 1992 (57 FR 9127)

June 11, 1992 (57 FR 24797)

October 16, 1992 (57 FR 47468)

January 7, 1993 (58 FR 3028)

March 31, 1993 (58 FR 16837)

July 9, 1993 (58 FR 36967)

September 1, 1993 (58 FR 46200)

December 22, 1993 (58 FR 67796)

Addendum II--Description of Manuals, Memoranda, and HCFA Rulings

An extensive descriptive listing of Medicare manuals and memoranda

was published on June 9, 1988, at 53 FR 21730 and supplemented on

September 22, 1988, at 53 FR 36891 and December 16, 1988, at 53 FR

50577. Also, a complete description of the Medicare Coverage Issues

Manual was published on August 21, 1989, at 54 FR 34555. A brief

description of the various Medicaid manuals and memoranda that we

maintain was published on October 16, 1992, at 57 FR 47468.

Addendum III.--Medicare and Medicaid Manual Instructions October Through

December 1993

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Trans. No. Manual/subject/publication number

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Intermediary Manual, Part 2 - Audits, Reimbursement Program

Administration (HCFA-Pub. 13-2) (Superintendent of Documents No. HE

22.8/6-2)

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394............. deg. Completion of the Form HCFA-1885A.

The Contractor Performance Evaluation Program--FY

1993.

Bill Processing and Service Criterion.

Payment Safeguards Criterion.

Service Criterion.

The RHHI Performance Evaluation Program - FY 1993.

Regional Home Health Intermediary Criterion.

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Intermediary Manual, Part 3 - Claims Process (HCFA-Pub. 13-3)

(Superintendent of Documents No. HE 22.8/6)

------------------------------------------------------------------------

1606............ deg. Electronic Media Claims.

File Specifications, Record Specifications, and Data

Element Definitions for EMC Bills.

National Standard Electronic Remittance Advice.

Medicare Standard Electronic PC-Print Software.

1607............ deg. Bill Review for Partial Hospitalization Services

Provided in Community Mental Health Centers.

Hospital Outpatient Partial Hospitalization Services.

Provider Electronic Billing File and Record Formats

HCFA-485 Home Health Certification and Plan of

Treatment.

1608............ deg. PPS PRICER Program.

1609............ deg. Review of Form HCFA-1450 for Inpatient and

Outpatient Bills.

Billing Procedures for Where Medicare Benefits are

Secondary to Group Health Plans for Employed

Beneficiaries/Spouses and the Disabled.

Coding Structures.

MSP Outpatient Claims Involving Lab Charges Paid By

Fee Schedule.

1610............ deg. Rules Governing Charges to Beneficiaries.

The Intermediary Workload Report, Form HCFA-1566.

1611............ deg. Claims Processing Timeliness.

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Intermediary Manual, Part 4 - Audit Procedures (HCFA-Pub. 13-3)

(Superintendent of Documents No. HE 22.8/6-4)

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31.............. deg. Introduction to the Home Health Agency Uniform

Desk Review.

Instructions for Performing Desk Reviews.

32.............. deg. General.

Revised Medicare Audit Process.

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Carriers Manual, Part 2 - Program Administration (HCFA-Pub. 14-2)

(Superintendent of Documents No. HE 22.8/7-3)

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123............. deg. The Contractor Performance Evaluation Program -

FY 1993.

Claims Processing Criterion.

Payment Safeguards Criterion.

Service Criterion.

CWF Host Performance Evaluation Program - FY 1993.

124............. deg. Functional Standards for Claims Processing

Operations.

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Carriers Manual, Part 3 - Claims Process (HCFA-Pub. 14-3)

(Superintendent of Documents No. HE 22.8/7)

------------------------------------------------------------------------

1465............ deg. List of Covered Surgical Procedures.

1466............ deg. Requirement for Processing Electronic Media

Claims.

The System for Processing Electronic Media Claims.

EMC Testing and Verification.

Technical Requirements.

Data Sets and Formats for Electronic Media Claims and

Electronic Remittance Advice.

1467............ deg. Bills Involving Medical Assistance Recipients.

Processing Claims for Services of Participating

Physicians or Suppliers.

Physician and Supplier Billing Requirements for

Services Furnished on or After September 1, 1990.

Participation Program.

1468............ deg. Psychological Tests.

1469............ deg. The Carrier Performance Report, HCFA-1565.

1470............ deg. Nonparticipating Physicians to Provide Notices

for Elective Surgery.

Handling Beneficiary Complaints.

1471............ deg. Technical Specifications of the EOMB.

1472............ deg. Epoetin Furnished to ESRD Home Patients.

1473............ deg. Introduction.

Definition of a Global Surgical Package.

Billing Requirements for Global Surgeries.

Claims Review for Global Surgeries.

Adjudication of Claims for Global Surgeries.

Postpayment Issues.

Claims for Multiple Surgeries.

Claims for Bilateral Surgeries.

Procedures Billed With Two or More Surgical Modifiers.

Claims for Anesthesia Services Performed On or After

January 1, 1992.

Billing for Portable X-Ray Set-Up Services.

Claims Processing System Requirements.

1474............ deg. Routine Services and Appliances.

Foot Care and Supportive Devices for the Feet.

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Program Memorandum, Intermediaries (HCFA-Pub. 60A) (Superintendent of

Documents No. HE 22.8/6-5)

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A-93-4.......... deg. Change in Hospice Payment Rates.

A-93-5.......... deg. Health Care Financing Administration's Audit and

Cost Report Settlement Expectations.

A-93-6.......... deg. FY 1994 Prospective Payment System and Other

Bill Processing Changes.

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Program Memorandum, Carriers (HCFA-Pub. 60B) (Superintendent of

Documents No. HE 22.8/6-5)

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B-93-5.......... deg. 1994 Physician, Practitioner and Supplier

Participation Enrollment and Fee Schedule Disclosure.

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Program Memorandum, Intermediaries/Carriers (HCFA-Pub. 60 A/B)

(Superintendent of Documents No. HE 22.8/6-5)

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AB-93-5......... deg. Q Code for New Chemotherapy Drug, Paclitaxel.

AB-93-6......... deg. Current Status of Medicare Program Memorandums

and Letters Issued Before Calendar Year 1993.

AB-93-7......... deg. Use of New Code, G0001, for Billing of Routine

Venipuncture.

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Program Memorandum, Medicaid State Agencies (HCFA-Pub. 7)

(Superintendent of Documents No. HE 22.8/6-5)

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93-7............ deg. Current Status of Medicaid Program Memorandums

and Action Transmittals Issued Before Calendar Year

1993.

93-8............ deg. Title XIX, Social Security Act, Medicaid

Coverage and Payment.

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State Operations Manual, Provider Certification (HCFA-Pub. 7)

(Superintendent of Documents No. HE 22.8/12)

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261............. deg. Life Safety Code Surveys.

Conducting Initial Surveys and Scheduled Resurveys.

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Hospital Manual, (HCFA-Pub. 10) (Superintendent of Documents No. HE 22.8/

2)

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655............. deg. Billing for Hospital Outpatient Partial

Hospitalization Services.

Coding Structures.

Completion of Form HCFA-1450 for Inpatient and/or

Outpatient Billing.

656............. deg. Focused Medical Review.

Billing for Part B Outpatient Physical Therapy

Services.

Completion of Form HCFA-1450 for Inpatient and/or

Outpatient Billing.

Medicare Benefits and Secondary to EGHPs for Employed

Beneficiaries/Spouses and the Disabled.

Coding Structures.

MSP Outpatient Claims Involving Lab Charges Paid by

Fee Schedule.

657............. deg. Claims Processing Timeliness.

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Home Health Agency Manual (HCFA-Pub. 11) (Superintendent of Documents

No. HE 22.8/5)

------------------------------------------------------------------------

263............. deg. Billing for Part B Outpatient Physical Therapy

Services.

Focused Medical Review.

264............. deg. Claims Processing Timeliness.

------------------------------------------------------------------------

Skilled Nursing Facility Manual (HCFA-Pub. 12) (Superintendent of

Documents No. HE 22.8/3)

------------------------------------------------------------------------

323............. deg. Focused Medical Review.

Billing for Part B Intermediary OPT Bills.

324............. deg. Rules Governing Charges to Beneficiaries.

325............. deg. Claims Processing Timeliness.

------------------------------------------------------------------------

Rural Health Clinic and Federally Qualified Health Center Manual (HCFA-

Pub. 27) (Superintendent of Documents No. HE 22.8/19:985)

------------------------------------------------------------------------

8............... deg. Claims Processing Timeliness.

------------------------------------------------------------------------

Renal Dialysis Facility Manual (Non-Hospital Operated) (HCFA-Pub. 29)

(Superintendent of Documents No. HE 22.8/13)

------------------------------------------------------------------------

63.............. deg. Claims Processing Timeliness.

------------------------------------------------------------------------

Hospice Manual (HCFA-Pub. 21) (Superintendent of Documents No. HE 22.8/

18)

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38.............. deg. Focused Medical Review.

39.............. deg. Claims Processing Timeliness.

------------------------------------------------------------------------

Outpatient Physical Therapy and Comprehensive Outpatient Rehabilitation

Facility Manual (HCFA-Pub. 9) (Superintendent of Documents No. HE 22.8/

9)

------------------------------------------------------------------------

112............. deg. Focused Medical Review.

Medical Review of Part B OPT Intermediary Bills.

113............. deg. Claims Processing Timeliness.

------------------------------------------------------------------------

Coverage Issues Manual (HCFA-Pub. 6) (Superintendent of Documents No.

HE 22.8/14)

------------------------------------------------------------------------

65.............. deg. Artificial Hearts and Related Devices.

66.............. deg. Medical Documentation.

Laboratory Evidence.

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Provider Reimbursement Manual, Part 1 (HCFA-Pub. 15-1) (Superintendent

of Documents No. HE 22.8/4)

------------------------------------------------------------------------

373............. deg. Regional Medicare Swing-Bed SNF Rates.

374............. deg. Elimination of Payment for Return of Equity.

375............. deg. Costs Not Related to Patient Care.

Political Contribution and Lobbying Activities.

Purpose.

------------------------------------------------------------------------

Provider Reimbursement Manual, Part 1 - Chapter 27 Reimbursement for

ESRD and Transplant Services (HCFA-Pub. 15-1-27) (Superintendent of

Documents No. HE 22.8/4)

------------------------------------------------------------------------

24.............. deg. Items and Services Furnished to Direct Dealing

Home Dialysis Beneficiaries.

25.............. deg. Epoetin.

Infacility Patients.

Home Patients.

------------------------------------------------------------------------

Provider Reimbursement Manual, Part II - Provider Cost Reporting Forms

and Instructions (Chapter 1) (HCFA-Pub. 15-II) (Superintendent of

Documents No. HE 22.8/4)

------------------------------------------------------------------------

16.............. deg. Submission of Cost Report.

------------------------------------------------------------------------

Provider Reimbursement Manual, Part II - Provider Cost Reporting Forms

and Instructions (Chapter 28) (HCFA-Pub. 15-II-AB) (Superintendent of

Documents No. HE 22.8/4)

------------------------------------------------------------------------

3............... deg. Form HCFA-2552-92 Worksheets.

Electronic Reporting Specifications for Form HCFA 2552-

92.

Cost Center Coding.

------------------------------------------------------------------------

Peer Review Organization Manual (HCFA-Pub. 19) (Superintendent of

Documents No. HE 8/8-15)

------------------------------------------------------------------------

25.............. deg. Health Care Financing Administration's Role.

Health Care Quality Improvement Initiative.

Generic Quality Screens - Outpatient Surgery.

Rereview of Quality Concerns.

Scope of PRO Fraud and Abuse Review Activities.

Review Responsibility.

Evaluation Report.

Availability of Expert Witness.

Reopening of Cases.

26.............. deg. Citations and Authority.

Issuances of Hospital Notices of Noncoverage.

Content of Hospital-Issued Notice of Noncoverage.

Beneficiary Request for PRO Review.

Solicitation of Views.

Monitoring Hospital-Issued Notices of Noncoverage.

Beneficiary Liability.

Right to a Reconsideration.

Model Notices of Noncoverage.

Model Hospital Notice Issued to Beneficiary of Pro

Review of Need for Continued Hospitalization.

27.............. deg. Monthly Files.

Review for Approval of Use of an Assistant at Cataract

Surgery.

28.............. deg. Background.

Purpose.

Report of Findings.

Performance Improvement Plan.

------------------------------------------------------------------------

State Medicaid Manual, Part 2 - State Organization and General

Administration (HCFA-Pub. 45-2) (Superintendent of Documents No. HE

22.8/10)

------------------------------------------------------------------------

84.............. deg. Early and Periodic Screening, Diagnostic and

Treatment Report (Form HCFA-416)

------------------------------------------------------------------------

State Medicaid Manual, Part 4 - Services (HCFA-Pub. 45-4)

(Superintendent of Documents No. HE 22.8/10)

------------------------------------------------------------------------

63.............. deg. Authority to Grant Life Safety Code Waivers for

Medicaid Only Certified NFs.

------------------------------------------------------------------------

State Medicaid Manual, Part 5 - Early and Periodic Screening,

Diagnosis, and Treatment (HCFA-Pub. 45-5) (Superintendent of Documents

No. HE 22.8/10)

------------------------------------------------------------------------

6............... deg. Screening Service Content.

7............... deg. Records or Information on Services and

Recipients Annual Participation Goals.

------------------------------------------------------------------------

State Medicaid Manual, Part 6 - Payment for Services (HCFA-Pub. 45-6)

(Superintendent of Documents No. HE 22.8/10)

------------------------------------------------------------------------

24.............. deg. Federal Upper Limit Payments for Multiple Source

Drugs.

------------------------------------------------------------------------

State Medicaid Manual, Part 7 - Quality Control (HCFA-Pub. 45-7)

(Superintendent of Documents No. HE 22.8/10)

------------------------------------------------------------------------

49.............. deg. Definitions of Key Terms.

Medicaid Eligibility Quality Control Review.

MEQC State and Regional Cycles.

Cases Which Are Not Reviewed.

Review of AFDC Cash Cases/Individuals.

In-Person Interview.

Mandatory Use of IEVS Information.

Verification Standards.

Verification Guide.

Administrative Period.

Technical Errors.

Review Month Income Projected Forward Throughout

Spenddown Period.

------------------------------------------------------------------------

Medicare/Medicaid, Sanction--Reinstatement Report (HCFA-Pub. 69)

------------------------------------------------------------------------

93-10........... deg. Report of Physicians/Practitioners, Providers

and/or Other Health Care Suppliers Excluded/

Reinstated.

93-11........... deg. Report of Physicians/Practitioners, Providers

and/or Other Health Care Suppliers Excluded/

Reinstated.

93-12........... deg. Report of Physicians/Practitioners, Providers

and/or Other Health Care Suppliers Excluded/

Reinstated.

93-13........... deg. Report of Physicians/Practitioners, Providers

and/or Other Health Care Suppliers Excluded/

Reinstated.

------------------------------------------------------------------------

Addendum IV.--Regulations and Notices Published July Through September 1993

----------------------------------------------------------------------------------------------------------------

Publication date/citation 42 CFR part Title

----------------------------------------------------------------------------------------------------------------

Final Rules

----------------------------------------------------------------------------------------------------------------

10/01/93 (58 FR 51408)................ 435, 436, Medicaid Program; Eligibility and Coverage Requirements.

440

10/20/93 (58 FR 54045)................ 403 Medicare Program; Demonstration Project to Develop a

Uniform Cost Reporting System for Hospitals.

11/02/93 (58 FR 58502)................ 405, 406, Medicare Program; Self-Implementing Coverage and Payments

409, 410, Provisions: 1990 Legislation (Confirmation of Final

411, 412, Rule).

413, 418,

489

11/18/93 (58 FR 60789)................ 421 Medicare Program; Carrier Jurisdiction for Claims for

Durable Medical Equipment, Prosthetics, Orthotics, and

Supplies (DMEPOS).

11/23/93 (58 FR 61816)................ 401, 488, Medicare Program; Granting and Withdrawal of Deeming

489 Authority to National Accreditation Organizations.

12/02/93 (58 FR 63533)................ 491 Medicare Program Required Laboratory Procedures for Rural

Health Clinics.

12/02/93 (58 FR 63626)................ 405, 414 Medicare Program; Revisions to Payment Policies and

Adjustments to the Relative Value Units Under the

Physician Fee Schedule for Calendar Year 1994.

12/13/93 (58 FR 65126)................ 424 Medicare Program; Intermediary and Carrier Checks That are

Lost, Stolen, Defaced, Mutilated, Destroyed or Paid on

Forged Endorsements.

----------------------------------------------------------------------------------------------------------------

Proposed Rules

----------------------------------------------------------------------------------------------------------------

10/01/93 (58 FR 51288)................ 440, 441 Medicaid Program; Early and Periodic Screening, Diagnosis,

and Treatment Services Defined.

10/15/93 (58 FR 53481)................ 431, 440, Medicaid Program; Case Management.

441, 447

11/26/93 (58 FR 62312)................ 410, 411 Medicare Program; Medicare Coverage of Screening Pap

Smears for Early Detection of Cervical Cancer.

12/13/93 (58 FR 65150)................ 413 Medicare Program; Reporting of Interest From Zero Coupon

Bonds.

12/14/93 (58 FR 65312)................ 435, 436, Medicaid Program; Extended Medicaid for Certain Families

440, 447 Who Lose AFDC Eligibility Because of Earned Income; Work

Supplementation Participants; Residency of Minor Parents

and Pregnant Individuals.

12/27/93 (58 FR 68366)................ 417 Medicare Program; Retroactive Enrollment and Disenrollment

in Risk Health Maintenance Organizations and Competitive

Medical Plans.

12/29/93 (58 FR 68829)................ 410, 417, Medicare Program; Medicare Coverage and Payment of

424 Clinical Psychologist, Other Psychologist, and Clinical

Social Worker Services.

----------------------------------------------------------------------------------------------------------------

Notices

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Publication date/citation

Title

------------------------------------------------------------------------

10/01/93 (58 FR 51355)... Medicare Program; Payment for Extracorporeal

Shock Wave Lithotripsy Services Furnished by

Ambulatory Surgical Centers.

10/04/93 (58 FR 51632)... HMOs; Exclusion of Gamete Intrafallopian

Transfer and Zygote Intrafallopian Transfer

as Basic Health Services

10/05/93 (58 FR 51827)... Medicare Program; Data, Standards and

Methodology Used to Establish Fiscal Year

1994 Budgets for Fiscal Intermediaries and

Carriers.

10/05/93 (58 FR 51833)... HMOs; Qualification Determinations and

Compliance Actions During the Period April

1, 1993, through June 30, 1993.

10/06/93 (58 FR 52112)... Medicare, Medicaid, and CLIA Programs;

Clinical Laboratory Improvement Amendments

of 1988 Licensed by the State of Washington.

11/02/93 (58 FR 58553)... Medicare Programs; Inpatient Hospital

Deductible and Hospital and Extended Care

Services Coinsurance Amounts for 1994.

11/02/93 (58 FR 58555)... Medicare Program; Part A Premium for 1994 for

the Uninsured Aged and for Certain Disabled

Individuals Who Have Exhausted Other

Entitlement.

11/08/93 (58 FR 59271)... Medicare Program; Monthly Actuarial Rates and

Monthly Supplementary Medical Insurance

Premium Rates Beginning January 1, 1994.

11/16/93 (58 FR 60458)... Medicare Program; Withdrawal of the Provider

Reimbursement Review Board Hearing Manual.

11/22/93 (58 FR 61692)... Medicaid Program; Revised Medicaid Management

Information Systems (MMIS) Functional

Requirements.

11/24/93 (58 FR 62128)... Medicare Program; Payment for Extracorporeal

Shock Wave Lithotripsy Services Furnished by

Ambulatory Surgical Centers (extension of

comment period).

11/26/93 (58 FR 62357)... Medicare Program; Meeting of the Practicing

Physicians Advisory Council.

12/02/93 (58 FR 63856)... Physician Performance Standard Rates of

Increase for Federal Fiscal Year 1994 and

Physician Fee Schedule Update for Calendar

Year 1994.

12/13/93 (58 FR 65186)... Medicare Program; Peer Review Organization,

General Criteria and Standards for

Evaluating Performance of Contract

Obligations.

12/14/93 (58 FR 65357)... Medicare Program; Proposed Additions to and

Deletions From the Current List of Covered

Procedures for Ambulatory Surgical Centers.

12/21/93 (58 FR 67350)... Medicare Program; Changes to the Hospital

Inpatient Prospective Payment Systems and

Fiscal Year 1994 Rates; (Correction).

12/22/93 (58 FR 67796)... Medicare and Medicaid Programs; Quarterly

Listing of Program Issuances and Coverage

Decisions--Third Quarter 1993.

12/23/93 (58 FR 68148)... Approval of the Commission on Office

Laboratory Accreditation.

------------------------------------------------------------------------

Addendum V--Medicare Coverage Issues Manual

(For the reader's convenience, new material and changes to previously

published material are in italics. If any part of a sentence in the

manual instruction has changed, the entire line is shown in italics.

The transmittal includes material unrelated to revised sections. We are

not reprinting the unrelated material.)

Transmittal No. 65; section 65-15, Artificial Hearts and Related

Devices--Not Covered. CHANGED IMPLEMENTING INSTRUCTIONS--EFFECTIVE

DATE; Services Furnished on or After 10/18/93.

Section 65-15, Artificial Hearts and Related Devices, is revised to

provide coverage of the FDA-approved ventricular assist device (known

as the BVS 5000) when used only in patients suffering from

postcardiotomy ventricular dysfunction. The device is intended for

short term use and is not covered when used as a bridge to cardiac

transplantation.

65-15 ARTIFICIAL HEARTS AND RELATED DEVICES--NOT COVERED

There are several devices either in use or under development which

replace all or part of the human heart or assist the heart in

performing its pumping function. Artificial hearts are considered

investigational and not covered under Medicare either when used as a

permanent replacement for a human heart or when used as temporary life-

support systems (i.e., until a human heart becomes available for

transplant).

The FDA-approved ventricular assist device (known as the BVS 5000)

is covered when it is used in accordance with its FDA-approved labeled

uses for postcardiotomy ventricular dysfunction. The device is intended

for short term use and is not covered when used as a bridge to cardiac

transplantation. Other ventricular assist devices used as temporary

life-support systems are still considered investigational and not

covered under the Medicare program. Transmittal No. 66; section 60-4.B,

Medical Documentation. CHANGED PROCEDURES--EFFECTIVE DATE: Services

furnished on or after 01/01/9.

Section 60-4.B, Medical Documentation, is revised to reflect

changes mandated by Sec. 4152 of OBRA 1990, effective for services

rendered on or after January 1, 1991. Implementing changes were

published in the Medicare Carriers Manual in July 1991 (transmittal

1399). Transmittal No. 66; section 60-4.C, Laboratory Evidence. CHANGED

PROCEDURES--EFFECTIVE DATE: 10/27/93.

Section 60-4.C, Laboratory Evidence, is revised to indicate that in

situations where the arterial blood gas and the oximetry studies are

both used to document the need for oxygen therapy and the results are

conflicting, the arterial blood gas study is the preferred service of

documenting medical need because the results of such studies are

considered the best evidence of hypoxemia. In addition, these

instructions also clarify that the prohibition against the use of

results of tests performed by a durable medical equipment (DME)

supplier to qualify patients for home oxygen service does not extend to

the results of an arterial blood gas text by a hospital certified to

conduct such tests.

60-4 HOME USE OF OXYGEN

B. Medical Documentation.--Initial claims for oxygen services must

include a completed Form HCFA-484 (Attending Physician's Certification

of Medical Necessity for Home Oxygen Therapy) to establish whether

coverage criteria are met and to ensure that the oxygen services

provided are consistent with the physician's prescription or other

medical documentation. The attending physician's prescription or other

medical documentation must indicate that the other forms of treatment

(e.g., medical and physical therapy directed at secretions,

bronchospasm and infection) have been tried, have not been sufficiently

successful, and oxygen therapy is still required. While there is no

substitute for oxygen therapy, each patient must receive optimum

therapy before long-term home oxygen therapy is ordered. Use Form HCFA-

484 for recertifications. (See Medicare Carriers Manual Sec. 3312 for

completion of Form HCFA-484.)

The medical and prescription information on Form HCFA-484 can be

completed only by the attending physician or entered on the form from

information in the patient's records by an employee of the physician

for the physician's review and signature. Although hospital discharge

coordinators, nurses, and medical social workers may assist in

arranging for physician-prescribed home oxygen, they have no authority

to prescribe the services or to enter medical or prescription

information in items 1 through 6 of Form HCFA-484. Suppliers may not

enter this information either.

Unlike other types of DME, a physician's certification of medical

necessity for oxygen equipment must include the results of specific

testing before coverage can be determined.

Initial claims for oxygen must also be supported by medical

documentation. Separate documentation is used with electronic billing.

(See Medicare Carriers Manual, Part 3, Sec. 4105.6.) This documentation

may be in the form of a prescription written by the patient's attending

physician who has recently examined the patient (normally within a

month of the start of therapy) and must specify:

A diagnosis of the disease requiring home use of oxygen;

The oxygen flow rate; and

An estimate of the frequency, duration of use (e.g., 2

liters per minute, 10 minutes per hour, 12 hours per day), and duration

of need (e.g., 6 months or lifetime).

Note: A prescription for ``Oxygen PRN'' or ``Oxygen as needed''

does not meet this last requirement. Neither provides any basis for

determining if the amount of oxygen is reasonable and necessary for

the patient.

All claims with oxygen flow rates of more than 2 liters per minute

must be reviewed by a carrier's medical staff before payment can be

made. The attending physician may also specify the type of oxygen

delivery system to be used (i.e., gas, liquid, or concentrator). If the

type of system is specified, then the medical reasons for selecting

that system over the alternative systems must also be specified.

New medical documentation written by the patient's attending

physician must be submitted to the carrier in support of revised oxygen

requirements when there has been a change in the patient's condition

and need for oxygen therapy.

Carriers are required to conduct periodic, continuing medical

necessity reviews on patients whose conditions warrant these reviews

and on patients with indefinite or extended periods of necessity as

described in Medicare Carriers Manual, Part 3, Sec. 4105.6.C. When

indicated, carriers may also request documentation of the results of a

repeat arterial blood gas or oximetry study.

Note: Section 4152 of OBRA 1990 requires earlier recertification

and retesting of oxygen patients who begin coverage with an arterial

blood gas result at or above a partial pressure of 55 or an arterial

oxygen saturation percentage at or above 89. (See Medicare Carriers

Manual Sec. 4105.6 for certifications and retesting schedules.)

C. Laboratory Evidence.--Initial claims for oxygen therapy must

also include the results of a blood gas study that has been ordered and

evaluated by the attending physician. This is usually in the form of a

measurement of the partial pressure of oxygen (PO2) in arterial blood.

(See Medicare Carriers Manual, Part 3, Sec. 2070.1 for instructions on

clinical laboratory tests.) A measurement of arterial oxygen saturation

obtained by ear or pulse oximetry, however, is also acceptable when

ordered and evaluated by the attending physician and performed under

his or her supervision or when performed by a qualified provider or

supplier of laboratory services. In situations when the arterial blood

gas and the oximetry studies are both used to document the need for

home oxygen therapy and the results are conflicting, the arterial blood

gas study is the preferred source of documenting medical need. A DME

supplier is not considered a qualified provider or supplier of

laboratory services for purposes of these guidelines. This prohibition

does not extend to the results of an arterial blood gas test conducted

by a hospital certified to do such tests. The conditions under which

the laboratory tests are performed must be specified in writing and

submitted with the initial claim, i.e., at rest, while sleeping, while

exercising, on room air, or if while on oxygen, the amount, body

position during testing, and similar information necessary for

interpreting the evidence as specified by the carrier.

The preferred sources of laboratory evidence are existing physician

and/or hospital records that reflect the patient's medical condition.

Since it is expected that virtually all patients who qualify for home

oxygen coverage for the first time under these guidelines have recently

been discharged from a hospital where they submitted to arterial blood

gas tests, the carrier needs to request that such test results be

submitted in support of their initial claims for home oxygen. If more

than one arterial blood gas test is performed during the patient's

hospital stay, the test result obtained closest to the hospital

discharge date is the best evidence of the need for home oxygen

therapy.

Carriers may accept an attending physician's statement of recent

hospital test results for a particular patient, when appropriate, in

lieu of copies of actual hospital records. Subsequent blood gas tests

that appear to duplicate the hospital test (e.g., when there is no

reason to believe the patient's condition may have changed) are denied

as not medically reasonable and necessary.

A repeat arterial blood gas or oximetry study is normally necessary

only when evidence indicates that an oxygen recipient has undergone a

major change relevant to home use of oxygen. For example, if the

carrier has reason to believe that there has been a major change in the

patient's physical condition (e.g., when there has been a significant

increase in the amount of oxygen billed on a monthly basis), it may ask

for documentation of the results of another blood gas or oximetry

study.

[FR Doc. 94-6153 Filed 3-16-94; 8:45 am]

BILLING CODE 4120-01-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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