Medicare Program; Extension of Prior Authorization for Repetitive Scheduled Non-Emergent Ambulance Transports |
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Seema Verma
Department of Health & Human Services
16 September 2019
[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Notices]
[Pages 48620-48622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19886]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-6063-N5]
Medicare Program; Extension of Prior Authorization for Repetitive
Scheduled Non-Emergent Ambulance Transports
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Notice.
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SUMMARY: This notice announces a 1-year extension of the Medicare Prior
Authorization Model for Repetitive Scheduled Non-Emergent Ambulance
Transport. The extension of this model is applicable to the following
states and the District of Columbia: Delaware, Maryland, New Jersey,
North Carolina, Pennsylvania, South Carolina, Virginia, and West
Virginia.
DATES: This extension begins on December 2, 2019 and ends on December
1, 2020.
FOR FURTHER INFORMATION CONTACT: Angela Gaston, (410) 786-7409.
Questions regarding the Medicare Prior Authorization Model
Extension for Repetitive Scheduled Non-Emergent Ambulance Transport
should be sent to AmbulancePA@cms.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Medicare may cover ambulance services, including air ambulance
(fixed-wing and rotary-wing) services,
[[Page 48621]]
only if the ambulance service is furnished to a beneficiary whose
medical condition is such that other means of transportation are
contraindicated. The beneficiary's condition must require both the
ambulance transportation itself and the level of service provided in
order for the billed service to be considered medically necessary.
Non-emergent transportation by ambulance is appropriate if either
the--(1) beneficiary is bed-confined and it is documented that the
beneficiary's condition is such that other methods of transportation
are contraindicated; or (2) beneficiary's medical condition, regardless
of bed confinement, is such that transportation by ambulance is
medically required. Thus, bed confinement is not the sole criterion in
determining the medical necessity of non-emergent ambulance
transportation; rather, it is one factor that is considered in medical
necessity determinations.\1\
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\1\ 42 CFR 410.40(d)(1).
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A repetitive ambulance service is defined as medically necessary
ambulance transportation that is furnished in 3 or more round trips
during a 10-day period, or at least 1 round trip per week for at least
3 weeks.\2\ Repetitive ambulance services are often needed by
beneficiaries receiving dialysis or cancer treatment.
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\2\ Program Memorandum Intermediaries/Carriers, Transmittal AB-
03-106.
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Medicare may cover repetitive, scheduled non-emergent
transportation by ambulance if the--(1) medical necessity requirements
described previously are met; and (2) ambulance provider/supplier,
before furnishing the service to the beneficiary, obtains a written
order from the beneficiary's attending physician certifying that the
medical necessity requirements are met (see 42 CFR 410.40(d)(1) and
(2)).\3\
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\3\ Per 42 CFR 410.40(d)(2), the physician's order must be dated
no earlier than 60 days before the date the service is furnished.
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In addition to the medical necessity requirements, the service must
meet all other Medicare coverage and payment requirements, including
requirements relating to the origin and destination of the
transportation, vehicle and staff, and billing and reporting.
Additional information about Medicare coverage of ambulance services
can be found in 42 CFR 410.40, 410.41, and in the Medicare Benefit
Policy Manual (Pub. 100-02), Chapter 10, at http://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/bp102c10.pdf.
According to a study published by the Government Accountability
Office in October 2012, entitled ``Costs and Medicare Margins Varied
Widely; Transports of Beneficiaries Have Increased,'' \4\ the number of
basic life support (BLS) non-emergent transports for Medicare Fee-For-
Service beneficiaries increased by 59 percent from 2004 to 2010. A
similar finding published by the Department of Health and Human
Services' Office of Inspector General (OIG) in a 2006 study, entitled
``Medicare Payments for Ambulance Transports,'' \5\ indicated a 20
percent nationwide improper payment rate for non-emergent ambulance
transport. Likewise, in June 2013, the Medicare Payment Advisory
Commission published a report \6\ that included an analysis of non-
emergent ambulance transports to dialysis facilities and found that,
during the 5-year period between 2007 and 2011, the volume of
transports to and from a dialysis facility increased 20 percent, more
than twice the rate of all other ambulance transports combined. More
recently, in September 2015, the OIG reported \7\ that approximately
one in five ambulance suppliers had questionable billing, and that
suppliers that had questionable billing provided nonemergency basic
life support transports more often than other suppliers.
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\4\ Government Accountability Office ``Cost and Medicare Margins
Varied Widely; Transports of Beneficiaries Have Increased'' (GAO-13-
6) (October 2012).
\5\ Office of Inspector General ``Medicare Payment for Ambulance
Transport'' (January 2006).
\6\ Medicare Payment Advisory Commission, June 2013, pages 167-
193.
\7\ Office of Inspector General ``Inappropriate Payments and
Questionable Billing for Medicare Part B Ambulance Transports''
(September 2015).
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Section 1115A of the Social Security Act (the Act) authorizes the
Secretary to test innovative payment and service delivery models
expected to reduce program expenditures, while preserving or enhancing
the quality of care furnished to Medicare, Medicaid, and Children's
Health Insurance Program beneficiaries.
In the November 14, 2014 Federal Register (79 FR 68271), we
published a notice entitled ``Medicare Program; Prior Authorization of
Repetitive Scheduled Non-emergent Ambulance Transports,'' which
announced the implementation of a 3-year Medicare Prior Authorization
model under the authority of section 1115A of the Act that established
a process for requesting prior authorization for repetitive, scheduled
non-emergent ambulance transport rendered by ambulance suppliers
garaged in three states (New Jersey, Pennsylvania, and South Carolina).
These states were selected as the initial states for the model because
of their high utilization and improper payment rates for these
services. The model began on December 1, 2014, and was originally
scheduled to end in all three states on December 1, 2017.
In the October 23, 2015 Federal Register (80 FR 64418), we
published a notice titled ``Medicare Program; Expansion of Prior
Authorization of Repetitive Scheduled Non-emergent Ambulance
Transports,'' which announced the inclusion of six additional states
(Delaware, the District of Columbia, Maryland, North Carolina, West
Virginia, and Virginia) in the Repetitive Scheduled Non-Emergent
Ambulance Transport Prior Authorization model in accordance with
section 515(a) of the Medicare Access and CHIP Reauthorization Act of
2015 (MACRA) (Pub. L. 114-10). These six states began participation on
January 1, 2016, and the model was originally scheduled to end in all
nine model states on December 1, 2017.
In the December 12, 2017 Federal Register (82 FR 58400), we
published a notice titled ``Medicare Program; Extension of Prior
Authorization for Repetitive Scheduled Non-Emergent Ambulance
Transports,'' which announced a 1-year extension of the prior
authorization model in all states through December 1, 2018.
In the December 4, 2018 Federal Register (83 FR 62577), we
published a notice titled ``Medicare Program; Extension of Prior
Authorization for Repetitive Scheduled Non-Emergent Ambulance
Transports,'' which announced a 1-year extension of the prior
authorization model in all states through December 1, 2019.
II. Provisions of the Notice
This notice announces that the testing of the model under section
1115A of the Act is again being extended in the current model states of
Delaware, the District of Columbia, Maryland, New Jersey, North
Carolina, Pennsylvania, South Carolina, Virginia, and West Virginia for
an additional year while we continue to work towards nationwide
expansion under section 1834(l)(16) of the Act. The existing testing of
the model under section 1115A authority is currently scheduled to end
in all states on December 1, 2019; however, this notice extends the
model under the authority in section 1115A of the Act through December
1, 2020.
Under this extension of the model under section 1115A authority, we
will continue to test whether prior authorization helps reduce
expenditures, while maintaining or improving quality of care, using the
prior authorization process as described in 83 FR 62577. Section
1115A(d)(1) of
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the Act authorizes the Secretary to waive such requirements of Titles
XI and XVIII, as well as sections 1902(a)(1), 1902(a)(13),
1903(m)(2)(A)(iii), and 1934 (other than subsections (b)(1)(A) and
(c)(5)) of the Act as may be necessary solely for purposes of carrying
out section 1115A of the Act with respect to testing models described
in section 1115A(b) of the Act. Consistent with this standard, we will
continue to waive the same provisions of Title XVIII for the extension
of this model as have been waived for purposes of testing the model
over the previous five years. Additionally, we have determined that the
implementation of this model does not require the waiver of any fraud
and abuse law, including sections 1128A, 1128B, and 1877 of the Act.
Thus ambulance suppliers affected by this model must comply with all
applicable fraud and abuse laws.
We will continue to use this prior authorization process to help
ensure that all relevant clinical or medical documentation requirements
are met before services are furnished to beneficiaries and before
claims are submitted for payment. The prior authorization process
further helps to ensure that payment complies with Medicare
documentation, coverage, payment, and coding rules.
The use of prior authorization does not create new clinical
documentation requirements. Instead, it requires the same information
that is already required to support Medicare payment, just earlier in
the process. Prior authorization allows ambulance suppliers to address
coverage issues prior to furnishing services.
The prior authorization process under the extension of the model
under 1115A authority will continue to apply in the nine states listed
previously for the following codes for Medicare payment:
A0426 Ambulance service, advanced life support, non-
emergency transport, Level 1 (ALS1).
A0428 Ambulance service, BLS, non-emergency transport.
While prior authorization is not needed for the mileage code, A0425, a
prior authorization decision for an A0426 or A0428 code will
automatically include the associated mileage code.
Under the model extension under section 1115A authority, we will
continue our outreach and education efforts to ambulance suppliers, as
well as beneficiaries, through such methods as updating the operational
guide, frequently asked questions (FAQs) on our website, a physician
letter explaining the ambulance suppliers' need for the proper
documentation, and educational events and materials issued by the
Medicare Administrative Contractors (MACs).
We will continue to work to limit any adverse impact on
beneficiaries and to educate beneficiaries about the model process. If
a prior authorization request is non-affirmed, and the claim is still
submitted by the ambulance supplier, the claim will be denied, but
beneficiaries will continue to have all applicable administrative
appeal rights. We will also continue our initiative to help find
alternative resources for beneficiaries who do not meet the
requirements of the Medicare repetitive scheduled non-emergent
ambulance transport benefit.
Additional information is available on the CMS website at http://go.cms.gov/PAAmbulance.
III. Collection of Information Requirements
Section 1115A(d)(3) of the Act states that chapter 35 of title 44,
United States Code (the Paperwork Reduction Act of 1995), shall not
apply to the testing and evaluation of models or expansion of such
models under this section. Consequently, this document need not be
reviewed by the Office of Management and Budget under the authority of
the Paperwork Reduction Act of 1995.
IV. Regulatory Impact Statement
This document announces a 1-year extension of the Medicare Prior
Authorization Model for Repetitive Scheduled Non-Emergent Ambulance
Transport. Therefore, there are no regulatory impact implications
associated with this notice.
Authority: Section 1115A of the Social Security Act.
Dated: August 22, 2019.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2019-19886 Filed 9-13-19; 8:45 am]
BILLING CODE 4120-01-P