Region D DMERC Advisory Committee
Questions to CIGNA Medicare for
January 2005

EDI / EMC
Zena Jacobi, Leader, Sandy Carden, Asst. Leader

1) We have a problem when the physician completes a CMN with inconsistent responses to oxygen CMN questions 6 & 7. The problem occurs when Q#6 is over 4 LPM, but Q#7 is blank. When this happens the claim is accepted but the CMN is rejected with Error Code 40047. This results in a B17 denial.

We then drop the claim to paper and resubmit with a copy of the CMN. At that point the CMN is accepted and the claim will pay at normal flow rate reimbursement. Why is the CMN rejected when it’s sent electronically and then accepted when it’s sent on paper? Shouldn’t the DMERC remove this CMN edit since we’re submitting the CMN exactly as the doctor completed it and then pay the claim at the down coded rate?

Example:
DOS = 2/20/04

Initial submission – claim came back with CCN #:
Claim #: 04061821661000
EOB# = 00001089286-030304

Paper claim assigned CCN #:
Claim #: 04211480958000
EOB # = 00001328442-082304

Answer: CIGNA Medicare Region D DMERC will be removing edit 40047 in April 2005.

2) At the DMERC vendor meeting, DMERC staff said that there are sample Medicare Secondary Payer (MSP) claims on the CMS website. We haven’t been able to find that. Could you give us the specific web address to see sample MSP claims?

Answer: Please refer to Transmittal B-02-025 at the following link: http//www.cms.hhs.gov/manuals
type in the Transmittal number in the search box and press enter.

PREVIOUSLY SUBMITTED QUESTIONS No. 12a – January/February 2003

Previous Q & A:
Does DMERC D support any 837 or 835 transmission methods other than dial-up? Are there any plans to add additional transmission protocols in the future?
Follow-up Question: Is there any update on either of these questions?

Answer: We still offer the dial up option but we now also have two other options. Please go to the following web sites to determine whether one of these options will meet your communication needs:
www.Visionshareinc.com
or www.IVANS.com
We also have the availability of connect direct or NDM connection, it can be costly to get started.

EDUCATION/COMMUNICATION/PCOM
Cindy Coy, Leader, Connie Lind-Fraher, Asst. Leader

3) There have been conflicting reports that the remark code MA07 is no longer being included on EOMB's. Is it true that this remark code will no longer be on the EOMB's and if so, what was the effective date?

Answer: MA07 was inadvertently removed for a short period of time. As of November 10 th , MA07 has been reinstated to print on the remittance notices.

4) If a supplier inadvertently leaves a "KX" modifier off of a claim, would it be possible in Region D to go through adjustments to have this corrected rather than to go through the review process?

Answer: Claims filed to the DMERC lacking a required KX modifier will be denied, in many cases, with a medical necessity denial. This type of denial requires that the claim with the appropriate documentation be submitted for a redetermination. In the case of a claim filed for Therapeutic Shoes for Persons with Diabetes, Urological Supplies or for Home Dialysis and Supplies lacking the KX modifier, these would receive a no benefit denial. In the case of claims receiving a no benefit denial, these can be submitted to written adjustments with the proper documentation.

HOME MEDICAL EQUIPMENT
Barb Stockert, Leader, Sha Epley, Asst. Leader

5) When a customer comes into a store and purchases a product (transport chair) for a customer and 2 weeks later returns with an Rx asking we bill the product. How would the supplier handle the following situations?
a) If a family member buys a product for a beneficiary and does not let it be known to the supplier that the product is for a Medicare beneficiary, are we obligated to bill to Medicare.

Answer: At the time of purchase, if information was not provided that this product was for a Medicare beneficiary, you would not be obligated to bill Medicare. If two weeks later the beneficiary would return to the supplier and provide the Medicare information, but still does not have a physician’s order, the claim could be submitted with the modifier EY.

b) If the family members provides information that this is for a Medicare beneficiary, but still has no Rx, and the supplier told the customer it would not be covered due to no Rx, and after being told the product would be used outside the home (transport chair)it would not be covered.

Answer: When the supplier receives information that there is no order, or Medicare criteria is not met for an item that is being requested by a Medicare beneficiary, at this point, the supplier should get an ABN to receive a PR denial.

If a CO denial is received in this situation, the supplier should request a redetermination and provide documentation of why this should be a PR denial.

In instance B the product was billed at the customer’s request with an EY modifier, and the claim denied as CO. The Provider was told by Customer Service that this would never deny as PR even if an ABN had been acquired and the GA modifier had been used.

Answer: From the example provided, this claim denied because it was a purchased capped rental item (E1031NUEY). CIGNA Medicare has instructions from CMS that these types of claims should be denied with group code CO. The CSR was correct in that an ABN would not apply with this type of denial. If the claim had denied for no order an ABN would apply. This claim would still receive a group code CO if the denial is changed because there is no indication of an ABN with the claim.

Why when a provider uses the EY or GA modifier are claims being denied as contractual obligation?

Answer: Please refer to answers above.

Is there a proper way of handling these situations to get a PR denial when no Rx is on hand? We would not have gotten ABN at the time of delivery due to information provided in situation A.

Answer: There are certain situations in which an ABN should be obtained, regardless of the presence of an EY modifier.
For items requiring an order by statute, failure to obtain an order will result in the claim line(s) being denied as noncovered (no benefit) (PR46). Those items include:
Three Policy groups with HCPCS or NDC codes:
• Oral Anticancer Drugs
• Oral Antiemetics (Full Replacement for Intravenous Antiemetics)
• Therapeutic Shoes for Diabetics
AND
Items specified as requiring a written order prior to delivery (WOPD):
• Power Operated Vehicles (POV)
• Seat Lift Mechanisms
• TENS Units
• Support Surfaces
• Negative Pressure Wound Therapy
Because these items are denied as non-covered (PR46), an ABN is not needed.
However, if the item does NOT require an order by statute, claim lines billed with the EY modifier will be denied as not reasonable and necessary (CO50). Therefore, if an ABN has not been obtained, the patient would NOT be held financially liable…EVEN IF THERE IS NO ORDER FOR THE ITEM. When you obtain the ABN, remember to append the GA modifier.

6) When a beneficiary is on MS after the 15th month has been paid, is there any recourse on behalf of the supplier if the beneficiary is abusing the capped rental equipment?

Answer: When a supplier is alleging that a beneficiary has abused equipment, the supplier should submit written documentation of the abuse to the Correspondence Department. The allegation would then be investigated. If there is sufficient evidence of abuse, the case will be forwarded to CMS for a final determination..

a) Is there ever a situation where a Medicare Beneficiary can be discontinued from the Medicare program because of abuse of the program? Can these beneficiaries be reported to Cigna so they can be investigated?

Answer: See answer above.

b) What is a supplier’s responsibility to maintain equipment on the M/S cycle (Medicare has paid a minimum of 15 months) if the beneficiary moves out of state or their service area? Customer Service (CS) has informed suppliers that it is OK for the current supplier to pick up MS equipment and the new Supplier in the other state/service area may start a new billing cycle for the NEW capped rental equipment. Is CS informing us correct?

Answer: According to the CMS Manual System, Pub. 100-4, Medicare Claims Processing Manual, Chapter 20, Section 30.5.4, "If the beneficiary changes suppliers during or after the 15-month rental period, this does not result in a new rental episode. For example, if the beneficiary changes suppliers after his 8 th rental month, the new supplier is entitled to the monthly rental fee for seven additional months (15 – 8). The supplier that provides the item in the 15 th month of the rental period is responsible for supplying the equipment and for maintenance and servicing after the 15-month period".

INFUSION THERAPY
Mike Hayden, Leader, Deanne Birch, Asst. Leader

7) Under HIPAA requirements all drugs are to be billed separately, including the heparin and saline flush used for flushing the IV catheter before and after each dose of medication and/or for line maintenance when no drug is being administered via the IV line.

Answer: We are not aware of any HIPAA requirement to break down the components of a supply kit into separate line items for the drugs that are included as part of the kit. Per instructions for infusion therapy in the companion document, "Claims for home infusion products must be billed on the ASC X12N 837 using the HCPCS codes to identify the drug and related supply." This does not mean that the supplier is to break out drugs that are part of a supply kit under their individual drug code. They are to continue to bill these as the related supply code. Please refer to the Local Coverage Determination and Policy Article for External Infusion Pumps for the supply codes to be billed with durable infusion pumps.

For 2005 dates of service, a new HCPCS code was established for infusion supplies not used with external infusion pump. The code is A4223 and the description reads "Infusion supplies, not used with external infusion pump, per cassette or bag (list drugs separately)". The portion of this description that states "list drugs separately" is not referring to those drugs such as the flush, diluent, etc. that are deemed part of the supplies.


Under most circumstances the drugs we are billing for are statutorily non-covered under Medicare Part B DMERC, and we are billing for denial to cross the claim over to the beneficiaries’ secondary insurance for payment. We are using the modifier GY and the HCPCS code J2912 for the saline and J1642 for the heparin as these are drugs with NDC numbers and require a prescription to dispense.

What we are seeing is the J2912 (sodium Chloride) changed on the DMERC end to A9900 CC and denied with a C0-97 (contractual obligations) instead of the PR-96 indicating patient responsibility.

In calling to resolve this issue with the DMERC we are being told this is a claim adjustor misunderstanding of how to properly adjudicate the claim. We are wondering if further education or a publication in the DIALOGUE would help to educate or eliminate this problem as it is very time consuming to get the appropriate denial code for cross over.

Answer: The examples given were denied incorrectly because the drugs are not being administered through an infusion pump. If billed with an infusion pump these items would be included in the supply kits. The supplier did bill these claims correctly. Education has been provided to the claims processing area to avoid these types of denials in the future.


MEDICAL SUPPLIES
Pat Spanel, Leader, Mary Turner, Asst. Leader

8) In the case of documentation for diabetic supplies that are over utilizated: is a copy of the diabetic log book (in the supplier’s file) every 6 months enough to meet the documentation requirements?

Answer: According to the DMERC Region D Supplier Manual, Chapter 9, GM, page 2, If refills of quantities of supplies that exceed the utilization guidelines are dispensed, there must be documentation in the physician’s records (e.g., a specific narrative statement that adequately documents the frequency at which the patient is actually testing or a copy of the beneficiary’s log) or in the supplier’s records (e.g., a copy of the beneficiary’s log) that the patient is actually testing at a frequency that corroborates the quantity of supplies that have been dispensed. If the patient is regularly using quantities of supplies that exceed the utilization guidelines, new documentation must be present at least every six months.

9) What is the policy on getting closed end and drainable pouches in the same month payable and what would the quantity limits be? We are including the response that the Region B Council was given and would like to know the Region D response to this question.

REGION B ANSWER: Closed end and drainable pouches could be allowed in the same month if they were used on different days. The monthly utilization guideline stated in the policy could be used to calculate an approximate daily allowance. It would rarely be appropriate to use both a drainable and closed end pouch on the same day since a drainable pouch is generally designed to last for more than one day.

Answer: CIGNA Medicare agrees with the answer provided by Region B. Closed end and drainable pouches could be allowed in the same month and the daily allowances outlined in the policy would apply. As with Region B, CIGNA Medicare would find it inappropriate and not medically necessary to use both types of pouches on the same day.

10) Many closed end pouches are boxed from the manufacturer in quantities of 30 and drainable pouches in boxes of 10. Is it possible to bill them within the same month if the patient is using them on different days and would it be appropriate to include the method in which the patient is using them in the HA0 record to result in payment from the DMERC?

Answer: The monthly allowances stated in the policy would apply in dispensing and billing closed and drainable pouches .



ORTHOTICS & PROSTHETICS
Sharon Nichelson, Leader, Harry Brandt, Asst. Leader

1) In our last meeting with CIGNA we were led to believe that a new policy regarding knee orthosis would be forthcoming shortly.
2)
Would CIGNA give us an update as to the status of the new knee orthosis policy?
Clarification from CIGNA Medicare is needed as to the intended use of endo-skeletal prosthesis addition codes alignable L5910 & L5920 and ultra-light material L5940-L5960.
QUESTIONS:
Ultra-light Materials Defined… componentry, materials or both:
NOTE: exo-skeletal prosthetic addition codes L5785-L5795 "Ultra-light materials" appear to have the same definition as endo-skeletal prosthetic addition codes L5940-L5960 except that the prior addition code set is for endoskeletal and the other code set is for exo-skeletal.
11) Is the intent of addition codes L5940-L5960 "endoskeletal ultra-light materials", intended to define the ultra-light componentry added to a new endo-skeletal prosthesis (or) as ultra-light materials added to a socket being fabricated for a new endo-skeletal prosthesis (or) is it intended to define both endo-skeletal ultra-light componentry and ultra-light material added for strength and durability to the socket in a new endo-skeletal prosthesis?
Answer: The intent of these add-on codes is to describe the ultralight componentry for an endoskeletal prosthesis.
Replacement sockets and Ultra-light materials:
NOTE-Region D DMERC Local Medical Review Policies/Local Coverage Determinations states the following: 
" Socket replacements are identified by the codes L5700-L5702. Since these codes are defined as a replacement, the modifier RP must not be used. The submitted charge for replacements includes both the cost of the component and the labor associated with the removal, replacement, and finishing of that component. Labor associated with replacement must not be reported using code L7520."
12) Are there any stipulations or restrictions with regard to endoskeletal prosthetic addition codes L5940-L5960 "Ultra-light materials", when used in conjunction with an endoskeletal socket replacement, codes L5700-L5702 if the prosthesis needing the socket replacement was allowed to use ultra-light materials in the original prosthesis?
(Disregard question 12 if "ultra-light material" is meant only to define ultra-light materials found in the actual prosthetic componentry of the original prosthesis.)
13) What guidelines should a provider follow after it has been identified that the use of endoskeletal prosthetic addition codes L5940-L5960 "Ultra-light materials", was not allowed for by the prior insurance company when delivering the original prosthesis, yet now during the socket replacement, it has been determined that the use of "endoskeletal ultra-light material" is necessary?
(Disregard question 13 if "ultra-light material" is only meant to define ultra-light materials found in the actual prosthetic componentry of the original prosthesis.)
Replacement sockets and Alignable:
14) Are there any stipulations or restrictions with regard to the use of endoskeletal prosthetic addition codes L5700-L5702 "alignable", when an endoskeletal socket replacement is being done, and the prosthesis needing the socket replacement was allowed to use "alignable" in the original prosthesis?

Answer: No. It is acceptable to use codes L5700-L5702 in this situation.

REHAB
Leslie Rigg, Leader, Evan Call, Asst. Leader

15) Proposed follow up for Question 1: We established at the last face to face meeting that if the provider properly executed an ABN, and the claim was paid that the limitation on liability goes to the beneficiary. Please verify that this means that the DMERC would expect the beneficiary to pay the DMERC back for the power wheelchair if it is found that the beneficiary did not meet the coverage guidelines in a post payment audit situation.

Answer: This question has been referred to CMS.

16) Would a beneficiary whose diagnosis is coded 356.1 qualify for a K0658 and K0666 according to the policy? It is not specifically listed but is a form of Muscular Dystrophy.

Answer: ICD-9 diagnosis code 356.1 describes peroneal muscular atrophy with subtypes listed as Charcot-Marie-Tooth disease and neuropathic muscular atrophy. Both of these conditions are related to the lower limb below the knee and are not considered types of muscular dystrophy. The policy is correct in excluding ICD-9 code 356.1 from consideration for custom back and seat cushions K0658 and K0666.

17) Suppliers are finding it increasingly time consuming and laborious to provide repairs for equipment when Medicare did not initially provide the item. Many times private insurance paid and now the patient has Medicare primary. The supplier has obtained a qualifying CMN. However, these claims are generally denied requesting additional information. The supplier must then obtain clinic notes and other relevant information and face the delays of a redetermination. Can the process be simplified for patient owned equipment to allow the CMN to be adequate documentation to determine medical necessity?

If you suggest that we obtain an ABN in these circumstances, what would be a valid medical reason to document on the form explaining why we felt the services might not be covered?

Answer: Examples have been requested from the DAC.

18) Would an ADMC listed to one provider be transferable to another provider? For example, a beneficiary is working with supplier A. They obtain an ADMC. In the meantime, the beneficiary moves and Supplier B is now closer for service and fitting. The beneficiary now wishes to obtain the equipment from Supplier B.

Answer: Yes.

19) In reviewing the newly released codes and their allowables, we notice the K0011 has two allowables.  The K0011 RR KF for Washington State is $540.29. With out the modifier the allowable is $512.28.  Doing just a little searching it appears that the KF modifier is for chairs with a class III designation.  What is that and how does one get their chair classified as such and how would we justify the need for a class III?

Answer: The wheelchair that is classified as a class III is an elevating stair climbing power wheelchair. Please refer to the Region D DMERC Dialogue, Spring 04, page 15.
 


RESPIRATORY
Joe McKnight, Leader, Yvonne Cordoza, Asst. Leader

20) For patients on a ventilator who are either renting or have already purchased a suction machine in addition to the vent. When tracheal suction catheters are being billed (A4609, A4610, or A4624) they are normally covered as being used with the suction machine. They are however automatically denied as non-covered and included in the rental of the ventilator, even though patient also has a suction machine. The provider in this case has successfully appealed one patient through review and been paid; however, on another patient with the same scenario, the review was denied.

When are the catheters covered with the use of both a suction machine and ventilator? And what direction has been given to Cigna in processing claims/reviews for the A4609, A4610 or the A4624?

The provider has presented these examples (Note: HIC Number used in example was taken off electronic file and was provided verbally):
(HIC Number) and (HIC Number) are both vent patients. When the claim originally billed with A4609, they denied saying it is included in the rental of the item (C097 Denial code) or that they need ownership of the rental item information (C096, M124 remark). Reviews were sent for both of these patients and Medicare then processed an adjustment claim for both of them. On (HIC Number), they then paid date of service 9-8-03 through review. On (HIC Number), they denied through review for dates of service 3-25-03 and 4-28-03.


Answer: Both of the claims, from examples that were provided to CIGNA Medicare, were denied correctly the first time. Both of these patients were renting a ventilator. The ventilator falls within the Items Requiring Frequent and Substantial Servicing DMEPOS Fee Schedule Payment Category. Supplies and accessories are not separately allowable in this category.

CIGNA Medicare has evaluated this coverage position and in the future will pay separately for codes A4609 and A4610 (now code A4605). Code A4605 will be incorporated into the Suction Pump Local Coverage Determination (LCD).

21) For the purpose of qualifying a patient for a CPAP or RAD (with a diagnosis of OSA), is it permissible to allow rounding up of the AHI using normal mathematical standards (i.e., 4.5 or higher rounded up to the next whole number).

Example: A patient has an AHI of 14.6. The AHI would be rounded to 15. No documentation of an additional qualifying condition would be necessary. This patient would qualify.

Region C has said to providers that it is acceptable to round up. Would Region D agree?

Answer: Yes, it is permissible to round up using standard mathematical methods as described in the example above .

22) In regard to documentation of medical need, will the DMERC accept information provided on a physician's prescription pad, for example - the AHI for a patient is between 5-14, however, the sleep study does not indicate that the patient has one of the secondary qualifying conditions (e.g., excessive daytime sleepiness). Subsequently the physician provides documentation of one of these conditions on his prescription pad, which he/she has signed and dated. Would this be considered acceptable documentation – or must it be dictated and kept in the patients chart?

Answer: The documentation of medical symptoms on the physician’s prescription pad is acceptable; however, this is not standard of care with respect to medical documentation. Secondary symptoms related to OSA or any other condition should be properly documented in the record of the patient’s encounter maintained by the physician. CIGNA Medicare would discourage this type of documentation since a copy is unlikely to be included in the patient’s chart.

23) Regarding CPAPs - In appeal situations, the Region D DMERC is requiring the grid portion of sleep studies. The policy does not state a specific documentation requirement and the other DMERCs are not making this requirement. If the sleep study summary contains the following: Recording time (off CPAP), Sleep time (off CPAP), AHI (using the term AHI, not RDI) why is the grid portion of the study needed.

Answer: CIGNA Medicare is unaware that Appeals is requiring this information. Please provide examples.

24) Cigna is denying dispensing fees unless they are exactly 30 days apart, since the provider than dispense these items 2 days early and since Palmetto is permitting a dispensing fee every 28 days, why must we wait until exactly 30 days?

Answer: Examples have been requested from the DAC.

Region D DMERC Advisory Committee
Questions to CIGNA Medicare for
April 2005

EDI / EMC
Zena Jacobi, Leader, Sandy Carden, Asst. Leader

1) In this example, please presume that the coverage criteria for the wheelchair have been met, and a valid CMN has been obtained to verify the ownership and medical need by the beneficiary. Also, the patient has never had same or similar equipment with Medicare and the patient’s owned wheelchair currently is in need of repair. Medicare will pay for repairs to patient owned equipment when coverage criteria have been met. Medicare does not have a record of this equipment, so we have obtained the CMN to document that the patient meets the required criteria. The provider would like to submit the claim for the repair electronically, but an electronic CMN cannot be transmitted with the claim because the repair items being provided do not require a CMN; however, a CMN is needed so that the common working file shows that the patient has a wheelchair. We have a couple of questions related to the scenario.
a. How can the provider transmit the claim in a HIPAA compliant manner that includes the CMN which is required to document the ownership and medical need for the equipment?

Answer: DMERC Region D recognizes that certain claim types, such as claims with attachments in some cases or certain types not supported by free billing software, must continue to be submitted on paper pending any contractor or shared modifications to enable those claims to be submitted electronically. Pending issuance of the future CMS instructions concerning submission of medical records for electronic claims, providers and Medicare contractors can continue current policies and practices regarding submission of attachments with claims. Suppliers billing DMERC Region D should continue with the current process of submitting claims with attachments on paper. The temporary exception does not apply to submission of paper EOBs or RAs for electronic claims when Medicare is secondary and there is only one primary payer.

b. In the event that there is no way to transmit the claim electronically is there a way to exclude these claims from the counts of paper claims that providers are submitting. We understand that you’ll begin tracking counts of paper claims submitted in July 2005.

Answer: It is not possible to separate these types of claims from other paper claims received.

2) Have there been any rulings as to when all providers will need to convert to the ANSI 835 ERA format? Or in other words, any communication on how long the HIPAA contingency plan is expected to be in effect for Medicare payment information.

Answer: CIGNA Medicare has not received notification from CMS to tell us when the contingency plan will end. We suggest you begin using the 835ERA as soon as possible to allow you to become familiar with the format and to address any issues that may exist in the 835 ERA software being used prior to the contingency plan ending.

EDUCATION/COMMUNICATION/PCOM
Cindy Coy, Leader, Connie Lind-Fraher, Asst. Leader

3) A beneficiary has their CPAP (or capped rental) paid for by private insurance, and then goes on Medicare. When their claims for CPAP supplies (associated with the capped rental item) are submitted to Medicare, they initially get denied, but then we get them paid through review process with a beneficiary statement, study etc. The beneficiary comes back again for supplies in 6 months or proper time frame for the particular item, the supplies are denied again and we are being told they must go through review process again, sending the same documentation as we did before.

Shouldn’t the continuous need for supplies after the first review and acceptance, be paid electronically based on the 1st accepted review information? Is all the documentation sent to CIGNA input into the Common Working File for future reference? Also were we told in a prior Q/A that a Beneficiary Statement would work for prior purchased CPAP or Capped Rental Items, but we are continually asked for additional evaluations, sleep studies, compliances etc. Can you give us any further guidance?

Answer: We would like to see examples of this situation. However, for beneficiary owned equipment we would need to know when the equipment was purchased along with documentation to show the beneficiary has met Medicare coverage criteria. We would then set up the appropriate records to show the patient has purchased equipment and meets Medicare criteria.

At the redetermination level, if the initial claim is billed with a KX modifier only the purchase information is required. If the initial claim is billed without the KX modifier and the redetermination request is sent asking for the KX to be added, we would require the medical documentation to support adding the KX modifier in addition to the purchase information. If subsequent claims are submitted without the KX modifier, we would require the supporting documentation to justify adding the KX modifier. In the example above of the CPAP supplies, redeterminations would be looking for the statement of continuous use for those supplies if the subsequent claims were submitted without the KX modifier on the initial submission.


HOME MEDICAL EQUIPMENT
Barb Stockert, Leader, Sha Epley, Asst. Leader

4) Companies have had good success with Same and Similar Products by having them initial or sign next to a statement of Same or Similar Items. What we are seeing though is in the review process when the Same & Similar statement is included in a blanket statement "such as one signature" on the bottom of a form/rental agreement being denied in the review process. The statement in the text is the same, but the review outcome is different. Are they viewed differently and if so Why? See Attachment #1.

Answer: When we review a redetermination case file we take into consideration all documentation provided with the request along with any information contained in the patient’s history record. These types of signed statements do not play a part in making a redetermination decision. The following is an example of when we may allow two K0001s and when we may deny.

Example 1: A patient had a K0001 that was prescribed for 3 months due to a broken leg. One year later the patient was prescribed a second K0001 due to having a stroke. The redetermination request contained a Redetermination Request Form, a copy of the claim, and a copy of a signed delivery slip that also stated "I have never had same or similar equipment before". The redetermination decision would be favorable as the patient needed the wheelchair for two different reasons and the first one was only prescribed for 3 months.

Example 2: A patient had a K0001 that was prescribed for 15 months due to a stroke. One year later the patient receives a second K0001 for the same condition. The redetermination request contained a Redetermination Request Form, a copy of the claim, and a copy of the signed Assignment of Benefits form that contains the same or similar paragraph. The redetermination decision would be unfavorable as the patient needed the wheelchair for the same condition and no documentation was provided to show the first wheelchair was picked up.


5) Re - Determinations from Cigna seem to be taking well over 60 days. Are you currently experiencing a backlog with these?

Answer: CIGNA Medicare is currently completing redeterminations within 36 days of receipt. We need examples of cases that have gone over 60 days.

6) Several months of rental were paid on a capped rental wheelchair. One month denied as same or similar equipment. When customer service was called the provider was told that the customer had gotten a power wheel chair from another provider. When asked how this could have happened (as they were verifying with the customer monthly that the wheelchair was being used) they were told that the patient’s diagnosis had changed and warranted the new power wheelchair. We understand we can pick up the manual wheelchair. A. Can we bill / charge the customer for the Manual wheelchair as they stated they still were using it and still used it in the home even with the other chair.

Answer: If the beneficiary chooses to keep the manual wheelchair and no claims are submitted to Medicare, this would be between the supplier and the beneficiary. The Medicare program will only allow payment for items that meet the beneficiary’s current needs. Region D Supplier Manual, Chapter 3, pages 9-10

B. We understand the change in diagnosis, but why is a pickup ticket not required at all, as this seems to be a product upgrade as well.

Answer: Coverage is determined on the current medical need .


INFUSION THERAPY
Mike Hayden, Leader, Deanne Birch, Asst. Leader

7) Is this the correct format to bill for IVIG administered with a pump, when the patients’ diagnosis does not meet coverage criteria, i.e. PID? Provider needs a PR denial to bill the secondary payer.

Billing for IVIG denial (criteria not met)
· The following would be billed
· J1563 -GA for 1 gram of IVIG
· E0781-GY if pump is used to administer
· A4222-GY for bag/cassette
· A4221-GY for IV access/catheter supplies

DRUG HCPCS Codes will be billed with the GA modifier that ABN is on file and HAO record note that indicates diagnosis does not meet coverage criteria.

E0781, A4222, and A4221 would be billed with the GY modifier stating item or service is statutorily not covered under this Medicare benefit.

Answer: This is not the correct format. J1563 would be billed with a GY modifier if no DME pump was used. Modifier GA would be used if a DME pump was used and an ABN had been obtained. Modifier GZ would be used if a DME pump was used and no ABN had been obtained. E0781, A4222 and A4221 would be billed with a GA modifier if an ABN had been obtained and with a GZ modifier if no ABN had been obtained.

The external infusion pump is covered by Medicare under the DME benefit; when used for IVIG it is denied as not medically necessary as are all supplies and drugs that are billed with the pump. When the IVIG coverage criteria are not met and it is administered through an infusion pump, the infusion pump criteria are followed.

Reference:" Infusion Therapy – Billing for Denial" (Winter 2005 DMERC Dialogue, p. 11) and "Noncovered Items, Not Medically Necessary Items, and Advance Beneficiary Notices – New Modifiers" (Winter 2002 DMERC Dialogue, p.20)


"What’s New" 3/25/05
Effective for dates of service on or after April 1, 2005, codes J1563 and J1564 can no longer be paid by Medicare. These codes will be replaced with following HCPCS codes Q9941 – Q9944 effective April 1, 2005.
Q9941 Injection, Immune globulin, intravenous, lyophilized, 1 G
Q9942 Injection, Immune globulin, intravenous, lyophilized, 10MG
Q9943 Injection, Immune globulin, intravenous, non-lyophilized, 1 G
Q9944 Injection, Immune globulin, intravenous, non-lyophilized, 10MG
There is not a grace period for deleted codes.



MEDICAL SUPPLIES
Pat Spanel, Leader, Mary Turner, Asst. Leader

No Questions



ORTHOTICS & PROSTHETICS
Sharon Nichelson, Leader, Harry Brandt, Asst. Leader

8) Has CMS considered revising the reimbursement rates for K0634, K0635, K0637 and K0639?  The DAC Team supports AOPA's position and has the utmost concern with current pricing.  The rates appear not to include any allowance for professional services.  A lumbar orthosis, at the very least, must be measured, selected, modified by bending stays or rigid panels and applied by a certified practitioner in order to perfect a fit.  May we ask if the Region D Pricing Department is working on a plan to correct this disparity?  At current pricing, suppliers will be not able to supply these products and will eventually inhibit beneficiary access to quality services.

Answer: In establishing a fee schedule for orthotic and prosthetic we use the manufacturer suggested retail price or wholesale price with 100% markup. The professional service fee is included in the suggested retail price, therefore no additional charge can be allowed. Region D will review the products that went into the pricing array of the above codes and consult with CMS.

9) The DAC O&P A-Team requests clarification on situations where it is possible to bill Medicare for Custom Fabricated Orthosis/Prostheses that is undeliverable to the beneficiary. There have been varied responses from customer service inquiries and subsequent confusion.  Instances where a custom device (one that can not be delivered to any other beneficiary) might not be deliverable.  Such as, change in medical condition, patient has died, or the patient or patient's caregiver decides that item is unwanted. Please clarify if and when an item maybe billed and the appropriate billing procedure.

Answer: 20.3 - Artificial Limbs, Braces, and Other Custom Made Items Ordered But Not Furnished
(Rev. 1, 10-01-03)

B3-2005.3
A. Date of Incurred Expense
If a custom-made item was ordered but not furnished to a beneficiary because the individual died or because the order was canceled by the beneficiary or because the beneficiary’s condition changed and the item was no longer reasonable and necessary or appropriate, payment can be made based on the supplier’s expenses. (See subsection B for determination of the allowed amount.) In such cases, the expense is considered incurred on the date the beneficiary died or the date the supplier learned of the cancellation or that the item was no longer reasonable and necessary or appropriate for the beneficiary’s condition. If the beneficiary died or the beneficiary’s condition changed and the item was no longer reasonable and necessary or appropriate, payment can be made on either an assigned or unassigned claim. If the beneficiary, for any other reason, canceled the order, payment can be made to the supplier only.
B. Determination of Allowed Amount
The allowed amount is based on the services furnished and materials used, up to the date the supplier learned of the beneficiary’s death or of the cancellation of the order or that the item was no longer reasonable and necessary or appropriate. The Durable Medical Equipment Regional Carrier (DMERC), carrier or intermediary, as appropriate, determines the services performed and the allowable amount appropriate in the particular situation. It takes into account any salvage value of the device to the supplier.
Where a supplier breaches an agreement to make a prosthesis, brace, or other custom-made device for a Medicare beneficiary, e.g., an unexcused failure to provide the article within the time specified in the contract, payment may not be made for any work or material expended on the item. Whether a particular supplier has lived up to its agreement, of course, depends on the facts in the individual case.


10) May we ask the rational for deleting L2435.  There is currently no base code for a polycentric joint, yet this is an optional component to many KO, KAFO and EO Orthosis. A polycentric joint provides a specific function and is not always an inherent component to a device.  The practitioner chooses from an array of possibilities, i.e. static, ROM, free motion or polycentric.

Answer: This code was discontinued because of misuse in prefabricated base codes in which the joint was already included in the reimbursement. However, it is still needed for custom fabricated KAFO and will be replaced next year (2006). In the meantime, bill L2999 for a polycentric joint with a custom fabricated base KAFO device.

11) This is in regards to Medlearn Matters #3607
We need clarification on what you define as "personnel".
1. For instance Specialty code #51 states medical supply company with orthotics "personnel". Is that for both certified orthotic fitters and Orthotist? What about specialty code #55 also?
2. For specialty code #52 it states medical supply company with prosthetics "personnel". Is that for certified mastectomy fitters and also Prosthetist? What about specialty code #56?
3. Thirdly what code is an Occularist supposed to use? There is no specialty code listing for them.
 
We as the O&P A-Team would like to recommend to you and CMS that these codes need to go by definitions under the certification requirements that are used by the BOC, ABC and also the NBEO.

Answer: CIGNA Medicare will refer this question to CMS for further guidance.

1) In our last meeting with CIGNA we were led to believe that a new policy regarding knee orthosis would be forthcoming shortly.
2)
Would CIGNA give us an update as to the status of the new knee orthosis policy
REHAB
Leslie Rigg, Leader, Evan Call, Asst. Leader

12) The wheelchair seating policy states: A solid support base for a seat cushion is a rigid piece of plastic or other material which is attached with hardware to the seat frame of a wheelchair in place of a sling seat. A cushion is placed on top of the support base. Use code E2618 for this solid support base. If a supplier chooses to bill separately for mounting hardware, either nonadjustable or adjustable, for a seat or back cushion or solid support base, code A9000 must be used.

However, in the WCS policy it defines the following:

A9900 miscellaneous DME supply, accessory, and/or service component of another HCPS code
E2618 Wheelchair accessory, solid seat support base (replaces sling seat), for use with manual wheelchair or lightweight power wheelchair, includes any type mounting hardware.

Can the hardware be billed separately?

Answer: The hardware is included in the reimbursement of E2618, if hardware is billed A9900 should be billed.

How is the allowable for the A9900 determined?

Answer: There is no reimbursement, it would deny as included in the base code (E2618).

How is the allowable for the E2618 determined?

Answer: Currently there is no fee schedule for this code. Payment will be gap-fill based on the manufacturers suggested retail price submitted on the claim

13) Regarding liability in the event of a post payment audit of an assigned claim where an ABN has been executed and Medicare allowed payment for the item. Is there further information as to whether the Beneficiary or the Supplier would be responsible for the repayment to Medicare?

Answer: If there is a valid ABN, Medicare would look to the supplier for re-payment.


RESPIRATORY
Joe McKnight, Leader, Yvonne Cordoza, Asst. Leader

14) Currently, if a patient is short of recorded time on a sleep study, but clearly meets the criteria for CPAP, often with very high AHI’s, the claim is denied, even on review. We have several examples available (the DAC has examples that would be made available if requested) where the patient is a couple of minutes short of the recorded time and clearly meets the criteria, but the claim is denied. In these cases, the patient must undergo another sleep study, at an additional cost to the system, before therapy can be initiated. We would like to work with the carriers so that payment is made for only one sleep study.

Answer: The national policy for CPAP (IOM Pub. 100-3, Section 240.4) specifies that the polysomnography must be based on two hours of recorded sleep. The clarification in the local coverage determination that this can be two hours of recorded time (rather than sleep) was approved by CMS after lengthy discussion. Consequently, since the requirement for two hours is in national policy, the DMERCs do not have the discretion to make exceptions and will deny claims with less than two hours of recording time.


15) It is our understanding that Obesity Hypoventilation Syndrome (OHS) is denied as a non-qualifying diagnosis for patients to receive coverage for a RAD. Patients with severe obesity may qualify under other categories such as OSA or central sleep apnea if a polysomnogram and other tests indicate this is the appropriate diagnosis.

Because the patient is unable to breath adequately, due to thoracic nerves and muscles exhausted by the need to expand an obese thorax, clearly RAD is the appropriate treatment for this patient who has the same clinical course as someone with ALS or other restrictive thoracic disorders like OHS. Could Region D DMERC assist us in adding this diagnosis to the list of approved diagnoses that qualify a patient for RAD?

Answer: Dr. Hoover will bring this up for discussion with the other DMERC medical directors

SADMERC
Wade Hendrickson, Leader, Mary Turner, Asst. Leader

16) A recent list-serve announcement indicated that the E1010 code is now a pair code.  The allowable was not changed.  As an each code, the allowable provided adequate compensation and allowed the supplier to supply only what was needed, left versus right or both.  We are concerned that current compensation levels will limit access to certain products.  We are also concerned that there was no prior notification of this change.  Suppliers who had products in process will have to change products or be unable to provide the product.  The consumer may be affected by being provided with 2 leg rests when potentially only one was needed.    What is the process by which the E1010 allowable definition changed from "each" to "pair"?   Why does the allowable not reflect an increase in reimbursement with the increase in product number?

Answer: In investigating the reimbursement of code E1010 we found that the original description of the code had "each" and majority of the products used to price this code were based on a "pair". The description of the code was changed in 2005 and the fee was adjusted to delete the "each" products from the pricing array.

17) It is our understanding that if a cover is changed on a cushion (for example from a standard 2-level cover to a 4-way waterproof stretch cover), but the cushion itself is not altered in any way, the cushion may be
submitted using the HCPCS code initially assigned to the product. Please verify.

Answer: This statement is correct. Covers for cushions may be interchanged without a need to resubmit the cushion to testing or for code verification by the SADMERC. No alteration of the internal components or configuration can be made without retesting and resubmission for coding verification by the SADMERC.

18) Effective January 1, the HCPCS system has two new codes for nutritional formulas designed for patients with inborn errors of metabolism, such as Phenylketonuria (PKU).  One new code (B4162) is designed for pediatric use; the second code (B4157) is intended for adult use.  Teenagers and many children use B4157 adult formulas.  The SADMERC has recognized this fact and has assigned eighteen products to either code ("B4157 or B4162"). When should a provider use one code rather than another?  At which age does a patient's product use shift from B4162 to B4157?

Answer: Nutritional formulae are provided based on the physiologic, not chronologic age of the patient. Therefore no absolute age limits have been set. In general, we relied upon the medical community use of "pediatric" and "adolescent" as a general guide for the age of transition between the two classifications of pediatric and adult.

19) If a provider submits a claim for a pediatric code (e.g. B4158) for a Medicare Part B eligible beneficiary, how will you determine reimbursement since there is no fee schedule?

Answer: Any product submitted for reimbursement that meets medical necessity and does not have a fee schedule would be gap-filled based on the manufacturers suggested retail price submitted with the claim.

20) The SADMERC has recently turned off the allowables for some of the pediatric mobility codes. They have left the code as a place holder but do not pay for the equipment.  However, when the provider is processing
a Medicare/Medicaid claim, the denial given by Medicare does not provide adequate justification for Medicaid to proceed with processing the claim.  Is this a Medicare problem or a Medicaid problem?

Answer: Please refer this question to the DMERC for further clarification.

21) There is a new code for pediatric power chairs (E1239). Will existing pediatric power chairs coded as K0014s be automatically recoded or is it up to the manufacture to initiate a re-review of an existing product?

Answer: The new power wheelchair codes (including pediatric and POVs) require extensive testing to RESNA standards and submission of the test results to the SADMERC for coding verification before a code is assigned. It is the responsibility of the manufacturer to perform the testing or have it done and submit the results to the SADMERC. There will be no crosswalk and all previous power wheelchair codes will become invalid and non-payable as of January 1, 2006.

22) Will a change in motor type necessitate a re-review for a power chair if the change will in no way affect the chair classification (based on the current K-codes)?

Answer: Under the current K codes the type of motor does not affect the assignment of a code. The weight capacity of the chair and presence of customized features differentiate the K0011 from K0014 chairs. Under the new codes for power wheelchairs, the performance features, weight capacity, functional characteristics and other criteria affect code placement. If the motor type does not change the speed, range, weight carrying capacity, or other performance criteria, then the code would not change. However, only testing by the RESNA standards would determine if the change really had no affect on the chair’s performance.

23) If a cushion that has been assigned a HCPCS code is "modified" by simply removing an inch of foam to size it differently, a provider has been told by a CSR at the SADMERC that this cushion must be billed using the miscellaneous cushion code which will auto-deny as not medically necessary. Is this the case or can the cushion be billed using an existing code since the cushion itself is only being altered by size and not makeup or content? Since it is considered a custom item it will not have a part number but will still have all the characteristics of a cushion that does have a part number.

Answer: If the device is a prefabricated cushion that has been coded by the SADMERC, subsequent removal of one inch of foam is a major alteration of the cushion configuration and would require retesting to confirm its proper code placement. If the product is a fabricated device, then the SADMERC only codes the process as being adequate to bill the custom code. Trimming or fitting changes are not determinate of the final code and would not affect the code assignment.

24) An issue with code A4221 for insulin pump supplies. Based on the information we researched, a provider can use this code correctly and if they are participating providers with DMERC. However providers trying to get a PR96 denial so they can bill the patient for the difference between their URC and the Medicare allowable (they feel the compensation is not adequately covering their costs to provide the necessary supplies that are included in the A4221) is not allowed. Most policies state to change the tubing for the pump every 48-72 hours as ordered by the physician, and of course the $21.00/ week Medicare allowable does not adequately cover the costs. After reviewing Medicare policy, seeing we cannot balance bill the patient if they accept assignment and they can not get a PR96 denial as it is a covered code for the purpose they are using. We got some manufacturer information supporting the life of the tubing, and supplied medical documentation that would support changing the tubing every 48-72hr's.We wondered if an ABN could be used, if in fact supplying 2-3 tubing per week was over the standard allowable...but we don't know if the DMERC expressly addresses the number of tubing's per week that are to be included?   Could a provider tell a patient that only 1-2 tubing's are included in the A4221 and then get an ABN for any extra tubing that is provided? I know we had this same dilemma with Enteral Therapy and exactly what is included in the Kit Codes. I'm wondering if they could appropriately/correctly use the A4222 code for Insulin pump supplies.

Answer: Please refer this question to the DMERC for further for clarification.
 



Attachment #1

 

CUSTOMER:____________________________________ EQUIPMENT:__________________________



ASSIGNMENT OF BENEFITS

I___________________________________authorize and request payment of any Health Insurance benefits be made on my behalf to YES I CAN for any services or products furnished to me by YES I CAN. I authorize any holder of medical information about me to release to YES I CAN and its agents any information needed to determine these benefits or the benefits payable for related services. Please assign my benefits for services provided by YES I CAN for the period prescribed by my physician.

SAME OR SIMILAR EQUIPMENT

It has been explained to me that my Health Insurance carrier will not pay for 2 pieces of the same type of equipment at the same time. This includes but is not limited to Manual Wheelchairs, Power Wheelchairs or Power Operated Vehicles (scooters), Walkers, Hospital Beds, Commodes etc. I attest that I do not have any other equipment similar to the equipment that I am now receiving from YES I CAN, that is either being rented or has been purchased by Medicare or any other Insurance Carrier.

It has been explained to me that if the above statement is incorrect that I will be responsible for the purchase, rental or forfeiture of YES I CAN’S equipment and this Assignment Agreement. I also understand that any denial for Same or Similar Equipment cannot be reversed and that I am fully responsible for the entire purchase price.

BILLING PRACTICES

This notice is to inform you of YES I CAN’S policies and procedures regarding billing. As a courtesy to you, we will bill your primary and secondary insurance, provided we are given the correct and current billing information. If you do not have a secondary insurance, you will be responsible to pay for your estimated copay at the time of service. It is YES I CAN’S policy to obtain a Certificate of Medical Necessity (detailed prescription) and/or a Doctors’ Prescription for each item a customer receives. In some cases this may delay billing until the information is obtained from your physician. Once this information is received your insurance will be billed promptly. Should the Certificate of Medical Necessity or Prescription not qualify for reimbursement by my Insurance Carrier I agree to return the equipment immediately and exchange it for the equipment that may qualify or elect to keep the equipment and sign an agreement to be responsible for any difference between the qualifying equipment and the equipment which is provided to me herein. A statement will be sent to all customers monthly. This statement will reflect the amount for which you are responsible. Outstanding customer balances are subject to finance charges at 1.5% per month (18%annually). Ultimately you are responsible for payment of services provided to you by YES I CAN. If after 90 days, YES I CAN has not received payment from your insurance company, you are responsible for payment in full.

I ACKNOWLEDGE AND UNDERSTAND THE ENTIRE CONTENTS OF THIS PAGE FRONT AND BACK.


_______________________________ ________________ __________________
Beneficiary Signature Date Insurance Id #

_______________________________ ______________________ __________________
Representative Relationship to Beneficiary Date

Reason Beneficiary Can’t Sign

Region D DMERC Advisory Committee
Questions to CIGNA Medicare for June 2005

EDI / EMC
Zena Jacobi, Leader, Sandy Carden, Asst. Leader

1) It is common practice for a DME supplier to have the need to submit claims under one provider number, but under multiple submitter id numbers. Example 1: A supplier of DME and IV Therapy, may choose to do their DME billing in house (under their own submitter ID#), yet outsource the IV Therapy billing (under the billing service' submitter ID#). Example 2: A pharmacy supplier may choose to use a clearinghouse (such as Allwyn Data) to transmit their diabetic testing supply claims (using Allwyn's submitter ID#) and outsourcing their DME billing through a billing service (using the billing service's submitter ID#).

When an EDI enrollment form is sent to Cigna DMERC, for a provider currently set up under a different submitter ID number, the EDI form is returned to the "requesting" submitter stating that this provider number is currently under a different submitter ID number and a "pen and ink" signed letter on company letterhead is needed to enroll under a different submitter number. The other DMERC's will allow multiple submitter ID numbers for one provider number, without requiring an additional letter.

1. a. Does Cigna DMERC allow multiple submitter ID's to be used for one provider number?

Answer: Yes

b. If yes, Can this information be given to Cigna via the EDI enrollment form (without requiring the additional "pen-and-ink" signed letter on company letterhead)?

Answer: The EDI Enrollment Form is a CMS document that CIGNA is not allowed to modify.

2. Why does Cigna DMERC require a document outside of the EDI Enrollment form?

Answer: CIGNA requires a letter authorizing the change of another Submitter number to be signed and dated by an authorized representative of the supplier in order to ensure the supplier is aware of the request. The current EDI Enrollment Form does not have fields to accommodate this additional information. CIGNA requests this information to ensure we are protecting the privacy of the supplier. It also allows CIGNA to maintain accurate records for internal and CMS reporting.


EDUCATION/COMMUNICATION/PCOM
Cindy Coy, Leader, Connie Lind-Fraher, Asst. Leader

No questions

HOME MEDICAL EQUIPMENT
Barb Stockert, Leader, Sha Epley, Asst. Leader

2) Is there a timeline that the Recovery Department has to respond to calls or questions that they receive? We understand a voice mail must always be left, but calls that are being placed to them and are not being returned timely, if at all, even after multiple calls.  What time frame should the supplier expect when a message is left with this department, or is this due to a backlog.

Answer: The majority of calls should be directed to the DMERC Customer Service Department or IVR to obtain general information about the overpayment. This includes offset information such as the claim detail of the original overpayment that resulted in the offset or the original overpayment letter date and current offset balance. If the supplier has a complex issue that cannot be resolved by the Customer Service Department, then they should contact the Recovery Department.

The standard time frame for the Recovery Department to return calls is 24 hours or the next business day. Suppliers should include a contact name, 10 digit telephone number, their supplier number, and a detailed message. If calls are not being returned timely, then they should ask to speak to a Recovery Supervisor for assistance.



3) Last year when we found that there would no longer be a grace period for HCPCS coding changes, we asked for a 2004 HCPCS Coding crosswalk. The DMERC reported that it was likely too late to get that tool to ease the supplier burden. We would like to get a head start on asking for a crosswalk for 2005 HCPCS coding changes. Would it be possible to receive this?

Answer: We will publish a summary of the 2006 HCPCS changes on our website as soon as possible. We do not expect the final 2006 HCPCS tape to be released until late October or early November 2005. However, as CMS is currently working on the DMEPOS items for 2006, you may go to CMS’s website at http://www.cms.hhs.gov/medicare/hcpcs/ under Public Meeting to get an idea of some of the proposed 2006 new HCPCS codes.


INFUSION THERAPY
Mike Hayden, Leader, Deanne Birch, Asst. Leader

4) In the "Proof of Delivery" policy, does "Brand Name" mean the manufacturer of the product?  If it is the manufacturer, does it only apply to medical equipment and supply, or does it also apply to drugs?  If it does apply to drugs, would the NDC be sufficient to represent the manufacturer of the product?

Answer: Brand name would depend on what they are billing. If it is medical equipment, the brand name could be the name of the manufacturer or the product. Example: the prescription from the physician for a lightweight wheelchair could be written with the narrative description of "lightweight wheelchair" or the brand name/model name of "Invacare/Rolls 2000". For drugs, the NDC is an identifier of the product, but it is not the brand name. For drugs it would be the generic name or the brand name of the drug. Example: a physician could write a prescription under the generic name of "albuterol sulfate" or brand name of "Proventil".



MEDICAL SUPPLIES
Pat Spanel, Leader, Mary Turner, Asst. Leader

Previously submitted Q/A from March 2004

15) In the One-Time Authorization the supplier agrees to…(third bullet)… "All claims include the statement: ‘Responsibility for overpayment accepted’." We have always been instructed to indicate "Signature on file" on CMS-1500 (12-90)’s as well as in our electronic format. Is "Signature on file" acceptable?
a. Could you please define "Responsibility for overpayment accepted?"
b. Does this statement apply to the patient or the supplier?

Answer: CIGNA Medicare is waiting for further clarification from CMS on this issue.

What is the status of this?

Answer: CIGNA provided the answer to this question in the Q&A from the 10/27/04 meeting:

CMS’ response, This is CMS’ policy for DME suppliers that accept assignment. CMS is willing to rely on a one-time authorization/assignment for the period of use of one item, but is not willing to rely on a one-time authorization/assignment that extends beyond the use of a particular item. CMS’ concern is about paying indefinitely, because a patient may no longer need the item, may not use it, may be dead or institutionalized. Thus, CMS has been willing to take a risk on one item, but not on other items. This policy is to protect CMS from risks described above.

New Questions

5) Many providers are seeing recoupment letters for "Consolidated Billing" supplies that were billed during Home Health episodes and SNF PPS episodes. Providers do not have access to the "Common Working File"; therefore they rely on information given to them by the beneficiaries.

a. Is there a way to change a "CO" denial to a "PR" denial, when the provider was given documented misinformation from the beneficiary, in regards to "Consolidated Billing" supplies? If so, what would be the proper procedure to change the CO denial to a PR denial?

Answer: Home Health and SNF consolidated billing denials receive OA (Other Adjustment) denials. These types of denials would never receive CO or PR denials.


b. Would CMS create a modifier to append to the code, to inform Cigna that the Provider was not informed of any Home Health, SNF/PPS episode?

Answer: This is a question for CMS. However, under the SNF consolidated billing provisions of the Social Security Act the Medicare billing responsibility is placed with the SNF itself for most of its residents’ services. The SNF must provide any Part A or Part B service that is subject to SNF consolidated billing either directly with its own resources, or through an outside entity (e.g., a supplier) under an "arrangement," as set forth in Section 1861(w) of the Act. If an outside entity provides a service that is subject to SNF consolidated billing to a SNF resident during a covered stay, the outside entity must look to the SNF for payment (rather than billing under Part B). In these situations, Medicare’s payment to the SNF represents payment in full for the arranged-for service, and the SNF in turn is responsible for making payment to an outside entity that furnishes a service which is included in the SNF’s prospective payment system (PPS) per diem payment.

The same holds true for services that are subject to the Home Health Prospective Payment System. The law states that payment will be made to the primary home health agency whether or not the item or service was furnished by the agency, by others under arrangement to the primary agency, or when any other contracting or consulting arrangements existed with the primary agency.

Before providing beneficiary services, the supplier should determine whether the beneficiary is receiving any comprehensive Medicare benefits (e.g. SNF or Home Health) which could include the supplier’s services.

For more information regarding skilled nursing facility consolidated billing, please refer to the articles titled Skilled Nursing Facility Consolidated Billing, Skilled Nursing Facility Consolidated Billing Service Furnished Under An "Arrangement" With An Outside Entity in the Spring 2005, DMERC Dialogue. For more information regarding home health prospective payment system, please refer to the article titled Independent Therapists And DME Suppliers – Billing For Therapy Services Or Supplies That May Be Part Of A Home Health Stay in the Summer 2003 DMERC Dialogue.


6) In regards to "Same/Similar Equipment", Cigna has advised Providers that if we asked about "Same/Similar Equipment" upon delivery and the beneficiary gives misinformation to the provider (that is documented and signed by the beneficiary), and the claim denies on a CO-57, the claim is then sent to the review department with the supporting documentation. (Reference: Oct 2002, Q&A, HME A-Team, Follow-up Request for Same or Similar Issue).

a. What are the guidelines in documenting what the provider was told when the beneficiary was asked about "Same and Similar" equipment?

Answer: Redetermination decisions are based on all documentation provided with the redetermination request along with any information contained in the patient’s history record. Unless, it is a valid ABN, signed statements do not play a part in making a redetermination decision.


b. Can a provider obtain a PR denial vs. a CO denial if the patient has signed a statement indicating that they have not received same/similar equipment?

Answer: The only way a CO denial would be given is to have a valid ABN.


7) Several trade journals have had small articles announcing the news that an Assignment of Benefits is no longer required for claims where assignment is mandatory. For example: Medicaid crossover claims and certain drugs. I have been unable to find mention of this change on the CMS and DMERC web sites. Please clarify to whom this change applies and whether this is an option for DMEPOS suppliers.

Answer: This instruction appeared in the Code of Federal Regulations (CFR); however, CMS has not issued instructions to the contractors for implementation. CGS will provide those instructions on our Web site, bulletins and listserv when they are available.


8) As a Pharmacy provider, many are approached with beneficiaries that have both Medicare and a prescription drug card (such as Express Scripts), that is "on line" adjudicated. Unfortunately Express Scripts EOB’s only have the RX number vs. patient’s name, etc. Express Scripts has refused to reformat their EOB’s to include the patient’s name, etc. The beneficiaries are forced to pay out of pocket, either the Express Scripts copay or the 20% Medicare copay. Express Scripts can not be billed as a Secondary Payor! Please see attached examples in attachment A.

Per the Cigna DMERC website…I found the following: Routinely, the paper claims are returned to the provider, stating inadequate information to process the claim.

Electronic claims submitted to Medicare for secondary payment must contain the primary payer insurer’s payment information in the designated electronic fields. Paper claims must be accompanied by an explanation of benefits (EOB) or other documentation from the primary payer, which shows how they processed the claim.

Answer: The attached EOB is acceptable if the member ID is identified on the MSP record for Medicare. Remember: In order for Medicare to pay secondary to a prescription plan the plan must meet the Medicare Secondary Payer guidelines as stated in Chapter 11 of the Region D Supplier Manual.

a. How can a pharmacy provider assist the beneficiaries in getting Medicare to pay as a Secondary Payor, when the Primary EOB does not contain the information that Medicare currently is requiring?

Answer: A valid EOB should contain all the necessary information. The insured’s name, the item, the date of service, primary allowed, and primary paid.

b. Where does it state "what" information is required on the Primary Payor’s EOB?

Answer: IOM - 60 - Completing the Form CMS-1500 in MSP Situations by Suppliers of Services (Rev. 1, 10-01-03) B3-4020.1
Instructions for completing the Form CMS-1500 can be found in Pub 100-4, Chapter 26, "Completing and Processing Form CMS-1500 Data Set," of the Medicare Claims Processing Manual. Specific data elements used to report MSP information are listed below. In addition, each claim must have an EOB from the primary payer attached that identifies the amount allowed, paid, or denied by the primary payer.

c. Would Medicare consider the claim, if the Pharmacy provider submitted the MSP claim with a copy of the EOB (indicating the RX number), and the corresponding Pharmacy print out that references the RX number, yet also shows the patient’s name, address, etc?

Answer: This would be fine as long as Medicare can match the RX print to the beneficiary’s EOB. Information cannot be written on the EOB.


d. If a provider is unable to get Medicare to accept the claim with the Primary Payor’s EOB format, How will that affect Mandatory Claims Filing for providers?

Answer: This would not be applicable due to the supplier filing the claim for the beneficiary, however, the claim was denied for missing information (EOB). The supplier is responsible for getting the information needed for adjudication of the claim.



ORTHOTICS & PROSTHETICS
Sharon Nichelson, Leader, Harry Brandt, Asst. Leader

Old questions:

9) Inherent Reasonableness (IR) and fees for custom artificial eye prosthesis with codes V2623 & V2627. Is there and update to this issue?

Answer: We consulted CMS regarding this issue and received the following response: "Since stringent requirements from section 223 of the Balanced Budget Refinement Act (BBRA) of 1999 relating to use of the IR authority make it necessary for us to proceed carefully with implementation of this authority as revised by the Balance Budget Act of 1997 and BBRA of 1999.  We are required by BBRA section 223 to takes steps to ensure the use of valid and reliable data.  We are taking the steps that are necessary to comply with this mandate."


10) Draft policy for Knee Orthosis. Is there anything new?

Answer: There is no new update at this time.

11) Pricing on LSO and manufacturers (question #8 on last round of questions and answers) Waiting for answer from Mary Reineker regarding where they received pricing and where CMS got 100% mark-up off manufacturer’s price list that CMS used.

Answer: CMS consulted with other government agencies to determine the reasonable markup for O & P.

12) Medlearn Matters #3607: The A-Team has been waiting for CMS response regarding clarification on "personnel". Laurie Tan indicated that she would get back to us on this issue. To date, we have received no response.

Answer: CMS advised they are still looking into this question.

New questions:

13) All of these questions are regarding L5685-Addition to lower extremity, suspension sleeve, heavy duty, any material. There is no allowable established yet.

a. How long does this procedure take and what code should we use to make sure that payment is received?

Answer: The fee for this code will be added to the October DMEPOS Fee schedule.


b. Also what is the rational for holding an entire claim, (some claims 90 days outstanding) simply because you do not have an allowable established yet, and when all documentation has been submitted to you upon request?

Answer: The DMERC was sending ADS letters to gather pricing information to establish a fee schedule amount. This requires the entire claim to be held.


c. Would it be acceptable to bill the suspension sleeve on a separate claim form than the rest of the device with the same date of service, so that the whole claim will not be held up?

Answer: There will be no need to send this code on a separate claim, since we now have enough information to set a fee schedule for this code.


In our last meeting with CIGNA we were led to believe that a new policy regarding knee orthosis would be forthcoming shortly.

Would CIGNA give us an update as to the status of the new knee orthosis policy
REHAB
Leslie Rigg, Leader, Evan Call, Asst. Leader

Previously submitted Q/A from April 2005

12) The wheelchair seating policy states: A solid support base for a seat cushion is a rigid piece of plastic or other material which is attached with hardware to the seat frame of a wheelchair in place of a sling seat. A cushion is placed on top of the support base. Use code E2618 for this solid support base. If a supplier chooses to bill separately for mounting hardware, either nonadjustable or adjustable, for a seat or back cushion or solid support base, code A9000 must be used.

However, in the WCS policy it defines the following:

A9900 miscellaneous DME supply, accessory, and/or service component of another HCPCS code
E2618 Wheelchair accessory, solid seat support base (replaces sling seat), for use with manual wheelchair or lightweight power wheelchair, includes any type mounting hardware.

Can the hardware be billed separately?

Answer: The hardware is included in the reimbursement of E2618, if hardware is billed A9900 should be billed.

How is the allowable for the A9900 determined?

Answer: There is no reimbursement, it would deny as included in the base code (E2618).

How is the allowable for the E2618 determined?

Answer: Currently there is no fee schedule for this code. Payment will be gap-fill based on the manufacturers suggested retail price submitted on the claim

Thank you for your response clarifying the billing for the E2618 and A9900 codes. We understand that, as a supplier, the responsibility for an overpayment will remain with the supplier even when a valid ABN is obtained as long as the claim is sent assigned.   A nonassigned claim would not have this responsibility. 

16) The Rehab A-Team would like to reiterate our concern regarding the change from EACH to PAIR as the designation for Power Elevating Legrest with no consideration regarding the allowable. 

New Questions:


14) Is it appropriate to use the E0956 code for a lateral support pad that will be used with swing away hardware (E1028)? 

Answer: Yes, that is acceptable. Refer to SADMERC’s website under the product classification for wheelchair accessories, for acceptable code combinations.


15) Is It appropriate to use the E0955 code with a headrest pad that will be attached to removable hardware (E1028)?

Answer: The removable hardware is for the joystick; however, if you are using E1028 as a manual swing away, yes that is acceptable. Refer to Chapter 9 of the Region D Supplier Manual under the Wheelchair Accessories LCD for the use of E1028 (swing away). Not all headrest have swing away hardware. Refer to SADMERC’s website under the product classification for wheelchair accessories, for acceptable code combinations.



RESPIRATORY
Joe McKnight, Leader, Yvonne Cordoza, Asst. Leader

No Questions

SADMERC
Wade Hendrickson, Leader, Reid Bellis, Asst. Leader

Previously submitted Q/A from April 2005

16)       A recent list-serve announcement indicated that the E1010 code is now a pair code.  The allowable was not changed.  As an each code, the allowable provided adequate compensation and allowed the supplier to supply only what was needed, left versus right or both.  We are concerned that current compensation levels will limit access to certain products.  We are also concerned that there was no prior notification of this change.  Suppliers who had products in process will have to change products or be unable to provide the product.  The consumer may be affected by being provided with 2 leg rests when potentially only one was needed.    What is the process by which the E1010 allowable definition changed from "each" to "pair"?   Why does the allowable not reflect an increase in reimbursement with the increase in product number?
 
Answer: In investigating the reimbursement of code E1010 we found that the original description of the code had "each" and majority of the products used to price this code were based on a "pair". The description of the code was changed in 2005 and the fee was adjusted to delete the "each" products from the pricing array.
 
Follow up question is we do not feel that when the pair was redefined that the proper consideration was given to the reimbursement and will have a negative effect on this item as explained above. Can the allowable be researched further?

Answer: E1010 code change from each to pair. Part One of the question deals with the reimbursement that did "not reflect an increase". Pricing issues must be addressed to CMS under Joel Kaiser. We have nothing to do with that. We were informed that the reimbursement would be changed to reflect the change in the code description. If that change has not occurred it may be a timing issue, or it may not have yet reached the status of priority. So that question should be directed to the CMS Pricing team.

Part Two of that question seems to indicate there is a problem now with billing of a single leg rest. E1010 is for an entire system, including all the pieces needed to attach it and control it. E1009 is for a single leg rest that is mechanically linked to an operating system. If there is a need for a single leg rest not mechanically linked, then we need to know that and have some idea of the volume of use.

 
20)    The SADMERC has recently turned off the allowable for some of the pediatric mobility codes. They have left the code as a place holder but do not pay for the equipment.  However, when the provider is processing a Medicare/Medicaid claim, the denial given by Medicare does not provide adequate justification for Medicaid to proceed with processing the claim.  Is this a Medicare problem or a Medicaid problem?
 
Answer: Please refer this question to the DMERC for further clarification.
 
Follow up to our question, this has been asked many ways many times for many different products throughout the life of the DMERC and DAC. We have been asking for a clean denial code when processing a Medicare/Medicaid claim and are asking who can help us clear this up, DMERC, SADMERC, or CMS? 

Answer: Pediatric Mobility Codes-The Alpha Numeric Work Group at CMS decided that these codes were not needed for Medicare. The reimbursement category was changed to make them invalid for Medicare, but valid for other third party payers. So the code remains in place and valid for use under the rules of HIPAA. As invalid for Medicare, however, there is no longer a fee schedule for the Medicare side of the house. Other payers may use any payment formulae they wish. This may be more of a Medicaid issue and probably just an educational issue for a few people.

Clean denial codes--this issue is constant. DMERCs (and other Medicare
carriers) are restricted by SSA 1861 and other legal language to only a few categories of denials. Some items are statutorily non-covered-that means that certain items may never be reimbursed under the Medicare system of healthcare reimbursement. These decisions are legal and binding and not subject to legal challenge at less than congressional level. Other items are not paid because there is no benefit category under which they can be considered for payment. Other items are determined to be invalid for billing to Medicare because of the patient population or condition served, or they do not meet the definition of DME. Some items are not paid because they are in another carrier's jurisdiction. All these denials result in some action code that is considered by suppliers as a "good" denial because it allows them to go to another 3rd party payer and say this item was never considered for payment by Medicare, would you consider it?

ll other denials for payment of DMERC equipment must be medical necessity denials. This is where the problem lies. If a product is denied with an action code that indicates medical necessity, it implies that consideration was given to payment of a device that met all the other rules of DME but was deemed as not necessary for this patient at this time. Other 3rd party payers may, or may not, consider that item separately and make an independent decision. Short of a complete set of duplicate codes for every item of DMEPOS, and some system of crosswalk to handle the change from the HCPCS code denied by Medicare to another national code covered by other 3rd party payers, I do not know of a way to solve this problem. If there are specific examples of high volume items affected by this problem, submit them to the DMERCs and the SADMERC for consideration of remedial action. No assurance is given that such action will take place or even be possible.


 
24)       An issue with code A4221 for insulin pump supplies. Based on the information we researched, a provider can use this code correctly and if they are participating providers with DMERC. However providers trying to get a PR96 denial so they can bill the patient for the difference between their URC and the Medicare allowable (they feel the compensation is not adequately covering their costs to provide the necessary supplies that are included in the A4221) is not allowed. Most policies state to change the tubing for the pump every 48-72 hours as ordered by the physician, and of course the $21.00/ week Medicare allowable does not adequately cover the costs. After reviewing Medicare policy, seeing we cannot balance bill the patient if they accept assignment and they can not get a PR96 denial as it is a covered code for the purpose they are using. We got some manufacturer information supporting the life of the tubing, and supplied medical documentation that would support changing the tubing every 48-72hr's.We wondered if an ABN could be use