Title: THE BASICS OF MEDICARE presented by The New York Chiropractic Council Speaker Dr' John LaMonica Insu
1THE BASICS OF MEDICAREpresented by The New York
Chiropractic CouncilSpeakerDr. John
LaMonicaInsurance Committee Chairperson
2Medicare Chiropractic Services, Policies and
Guidelines
Introduction Basics of Medicare Chiropractic in
CMS Medicare Categories of Condition Par/Non
Par Fee Schedule/Limiting Charge Documentation
CPT Code and ICD 9 Linkage to support Medical
Necessity Defining Medical Necessity on Medicare
Pts. Modifiers P.A.R.T. Demystified Daily Note
requirements for documentation CMS Utilization
Guideline Review Parameters X-Ray Requirement
Advanced Beneficiary Notice Completion of the
CMS 1500 Key elements in the Filing of the CMS
for Correct Communication Crossover
Claims Filing Guidelines Denials Appeals
National Provider Identifier Number (NPI)
Medicare Seminars and Resources Questions and
Answers
3Indications and Limitations of Coverage and/or
Medical Necessity
- Chiropractic service is eligible for
reimbursement but is specifically limited by
Medicare to treatment by means of manual
manipulation (i.e., by use of the hands) of the
spine for the purpose of correcting a
subluxation. For the purpose of Medicare,
subluxation is defined as an intervertebral
motion segment in which alignment movement
integrity and/or physiological function of the
spine are altered although contact between
intervertebral joint surfaces remains intact, and
usually falls into one of three categories
4Indications and Limitations of Coverage and/or
Medical Necessity
- Acute subluxation A patients condition is
considered acute when the patient is being
treated for a new injury, identified by x-ray or
physical exam. The result of chiropractic
manipulation is expected to be an improvement in,
or arrest of progression, of the patients
condition. - Chronic subluxation A patients condition is
considered chronic when it is not expected to
significantly improve or be resolved with further
treatment (as is the case with an acute
condition), but where the continued therapy can
be expected to result in some functional
improvement. Once the clinical status has
remained stable for a given condition, without
expectation of additional objective clinical
improvements, further manipulative treatment is
considered maintenance therapy and is not
covered. - Nerve root problems, such as a pinched nerve,
when they are the result of acute or chronic
subluxations as described above. - Medicare reimburses additional manipulation for
the same problem when an exacerbation or
recurrence occurs - Exacerbation
- An exacerbation is a temporary, marked
deterioration of the patient's condition due to
an acute flare-up of the condition being treated.
This must be documented in the patient's clinical
record, including the date of occurrence, nature
of the onset, or other pertinent factors that
will support the medical necessity of treatments
for this condition. - Recurrence
- A recurrence is a return of symptoms of a
previously treated condition that has been
quiescent for 30 or more days. This may require
the reinstitution of therapy.
5Acceptable terminology for the manipulative
treatment being provided includes
- Spine or spinal adjustment by manual means
- Spine or spinal manipulation
- Manual adjustment and
- Vertebral manipulation or adjustment
6Indications
- The patient must have a subluxation of the spine,
as defined in the Description section of the LCD. - A patient must have a significant health problem
in the form of a neuro-musculoskeletal condition
related to a subluxation necessitating
treatments. The manual manipulative services
rendered must have a direct therapeutic
relationship to the patient's condition and
provide reasonable expectation of recovery or
improvement of function. - Spinal axis aches, strains, sprains, nerve pains
and functional mechanical disabilities of the
spine are considered to be medically necessary
therapeutic grounds for chiropractic manipulative
treatment. - The following are some examples of acceptable
descriptive terms for the nature of the
abnormalities
7Indications
- Off-centeredMisalignmentMalpositioningSpacing
- abnormal
- altered
- decreased
- increased Incomplete dislocationRotationListhesi
s - antero
- postero
- retro
- latereol
- spondylo
- Motion
- limited
- lost
- restricted
- flexion
- extension
- hyper mobility
- hypomotility
- aberrant
8Par vs. Non Par
- There are two categories of providers in CMS
Medicare. They are non-participating and
participating. You must be one or the other as
chiropractors are not permitted to opt out of the
CMS system. - Participating means you are a medicare provider
who is in the Medicare network and automatically
accept assignment of the medicare benefits. - Non-participating means you are a medicare
provider in the Medicare system and you do not
accept assignment automatically. You maintain the
option of fee for service charges at the time of
service. - There are benefits and consequences of each
category. - If you are participating you are paid the
participating fee, which is slightly higher than
the nonparticipating fee.
9Par vs. Non Par
- As a non participating provider you have the
option of accepting assignment or not. - If you accept assignment you are paid the
non-participating fee, which is slightly less
than the participating fee. - You may also elect to charge a fee for service
and give the patient a bill for reimbursement
purposes. In this case you are only allowed to
charge as a maximum the LIMITING CHARGE. - The patient will only be reimbursed 80 of the
non-participating fee. - The maximum charge to a medicare patient is the
limiting charge!
10FEES
- As there are two carriers in NYS that administer
Medicare benefits we will outline the new 2006
fees for Medicare Services. - Empire Medicare
- Service Par Fee Non Par Fee Limiting Charge
- 98940 28.42 27.00 31.05
- 98941 39.28 37.32 42.92
- 98942 51.07 48.52 55.80
- GHI Medicare
- Service Par Fee Non Par Fee Limiting Charge
- 98940 27.46 26.26 30.05
- 98941 38.21 36.30 41.75
- 98942 49.71 47.22 54.30
11Limitations
- Once the functional status has remained stable
for a given condition, further manipulative
treatment is considered maintenance therapy and
is not covered. Maintenance therapy (e.g., a
treatment plan that seeks to prevent disease,
promote health, prolong and enhance the quality
of life, or therapy that is performed beyond the
stabilization of a chronic condition) is not a
Medicare benefit. - Chiropractic manipulative treatment is an
excluded service under Medicare for most spinal
diseases and pathologies other than those listed
in the Indications section. Examples of these
(not an all inclusive list) are rheumatoid
arthritis, muscular dystrophy, multiple
sclerosis, pneumonia, and emphysema. - The subluxation must be causal, i.e., the
symptoms must be related to the level of the
subluxation that has been cited. A statement on a
claim that there is "pain" is insufficient. The
location of pain must be described and whether
the particular vertebra listed is capable of
producing pain in the area determined.
12Limitations
- The need for an extensive, prolonged course of
treatment must be clearly documented in the
medical record. Treatment should result in
improvement or arrest of deterioration of
subluxation within a reasonable and generally
predictable period of time. Acute subluxation
problems (e.g., strains or sprains) may require
as many as three months of treatment but some
require very little treatment. In the first
several days, treatment may be quite frequent but
may decrease in frequency with time or as
improvement is obtained. - Coverage will be denied for lack of reasonable
expectation that the continuation of treatment
would result in significant or functional
improvement of the patient's condition. Continued
repetitive treatment without an achievable and
clearly defined goal is considered maintenance
therapy and is not covered. - Only a single manipulation service (98940, 98941,
or 98942) may be billed on any one date of
service by the same or different providers unless
documentation of the reasonableness and necessity
for additional treatment is submitted with the
claim.
13Spinal and Extra-Spinal Regions
- SPINAL REGIONS
-
- CERVICAL (INCLUDES THE ATLANTO-OCCIPTAL JOINT)
- THORACIC (INCLUDES THE COSTOTRANSVERSE AND
COSTOVERTEBRAL JOINTS - LUMBAR
- SACRAL
- PELVIC (SACRO-ILLIAC JOINT)
- EXTRASPINAL REGION
-
- HEAD (INCLUDING TEMPOROMANDIBULAR JOINT,
EXCLUDING ATLANTO-OCCIPITAL JOINT) - LOWER EXTREMITIES
- UPPER EXTREMITIES
- RIB CAGE ( EXCLUDING COSTOTRANSVERSE AND
COSTOTRANSVERSE JOINTS) - ABDOMEN
14CPT/HCPCS Codes
- 98940 Chiropractic manipulative treatment (CMT)
spinal, one to two regions - 98941 Chiropractic manipulative treatment (CMT)
spinal, three to four regions - 98942 Chiropractic manipulative treatment (CMT)
spinal, five regions - 98943 Chiropractic manipulative treatment
extraspinal, one or more regions (not covered by
medicare)
15ICD-9-CM Codes that Support Medical Necessity
- TRUNCATED DIAGNOSIS CODES ARE NOT ACCEPTABLE.
- ICD-9-CM code listings may cover a range and
include truncated codes. It is the providers
responsibility to avoid truncated codes by
selecting a code(s) carried out to the highest
level of specificity and selected from the
ICD-9-CM book appropriate to the year in which
the service was performed. - It is not enough to link the procedure code to a
correct, payable ICD-9-CM code. The diagnosis or
clinical signs/symptoms must be present for the
procedure to be paid. - Further, these ICD-9-CM codes can be used only
with the conditions listed in the Indications and
Limitations sections of this LCD - Primary ICD-9-CM Codes
- 739.0 Nonallopathic lesions of head region not
elsewhere classified - 739.1 Nonallopathic lesions of cervical region
not elsewhere classified - 739.2 Nonallopathic lesions of thoracic region
not elsewhere classified - 739.3 Nonallopathic lesions of lumbar region not
elsewhere classified - 739.4 Nonallopathic lesions of sacral region not
elsewhere classified - 739.5 Nonallopathic lesions of pelvic region not
elsewhere classified - 739.8 Nonallopathic lesions of rib cage not
elsewhere classified
16Documentation Requirements
- Each claim must be submitted with ICD-9-CM codes
that reflect the condition of the patient, and
indicate the reason(s) for which the service was
performed. Claims submitted without ICD-9-CM
codes will be returned. - Documentation must be available to Medicare upon
request. - The precise level of subluxation must be
specified by the chiropractor to substantiate a
claim for manipulation of the spine, including
that the level of spinal subluxation must bear a
direct causal relationship to the patient's
symptoms, and the symptoms must be directly
related to the level of the subluxation that has
been diagnosed. - The following information must be documented in
the patient's medical record for the Initial
Visit, whether the subluxation is demonstrated by
x-ray or by physical examination - History
- Chief complaint including the symptoms present
that caused the patient to seek chiropractic
treatment - Family history if relevant
- Past health history including general health
statement, prior illness(es), surgical history,
prior injuries or trauma, past hospitalizations
(as appropriate), medications. - Description of present illness including
- Mechanism of trauma
- Quality and character of problem/symptoms
- Onset, duration, intensity, frequency, location
and radiation of symptoms - Aggravating or relieving factors
- Prior interventions, treatments, medications,
secondary complaints and - Symptoms causing patient to seek treatment.
17Documentation Requirements
- The record should document that these symptoms
bear a direct relationship to the level of
subluxation. The symptoms should refer to the
spine (spondyle or vertebral), muscle (myo), bone
(osseo or osteo), rib (costo or costal) and joint
(arthro) and be reported as pain (algia),
inflammation (itis), or as signs such as
swelling, spasticity, etc. Rib and rib/chest
pains are recognized symptoms, but the record
should document that the symptoms are related to
the spine. (The subluxation must be causal, i.e.,
the symptoms must be related to the level of the
subluxation that has been cited.) The location of
pain must be described and whether the particular
vertebra listed is capable of producing pain in
the area determined. - Evaluation of musculoskeletal/nervous system
through physical examination. - Diagnosis The primary diagnosis must be
subluxation, and must indicate the level of the
subluxation. The secondary diagnosis (category I,
II, or III) must reflect the neuromusculoskeletal
condition necessitating the treatment. - Treatment Plan The treatment plan should include
the following - Recommended level of care (duration and frequency
of visits) - Specific treatment goals and
- Objective measures to evaluate treatment
effectiveness. - Date of initial treatment or date of
exacerbation/recurrence
18Documentation Requirements
- The following documentation is required for
Subsequent Visits - History, including
- review of chief complaint
- changes since last visit
- system review if relevant.
- Physical examination, including
- exam of area of spine involved in diagnosis
- assessment of change in patient condition since
last visit - evaluation of treatment effectiveness.
- Documentation of treatment given on day of visit.
19Modifiers
- MEDICARE SPECIFIC
- AT - Denotes ACTIVE TREATMENT Phase of Care
- GA - Tells Medicare you have the ABN signed
- GY - Item or Service is Statutorily excluded or
does not meet the definition of any Medicare
Benefit - GZ - Item or service expected to be denied as not
reasonable and necessary. (ABN is not signed.)
20P.A.R.T.
- The P.A.R.T. evaluation process is recommended as
the examination alternative to the previously
mandated demonstration of subluxation by
x-ray/MRI/CT for services beginning January 1,
2000. The acronym P.A.R.T. identifies diagnostic
criteria for spinal dysfunction (subluxation). - P - Pain/tenderness The perception of pain and
tenderness is evaluated in terms of location,
quality, and intensity. Most primary
neuromusculoskeletal disorders manifest primarily
by a painful response. Pain and tenderness
findings may be identified through one or more of
the following observation, percussion,
palpation, provocation, etc. Furthermore, pain
intensity may be assessed using one or more of
the following visual analog scales, algometers,
pain questionnaires, etc. - A - Asymmetry/misalignment Asymmetry/misalignment
may be identified on a sectional or segmental
level through one or more of the following
observation (posture and heat analysis), static
palpation for misalignment of vertebral segments,
diagnostic imaging, etc. - R - Range of motion abnormality Changes in
active, passive, and accessory joint movements
may result in an increase or a decrease of
sectional or segmental mobility. Range of motion
abnormalities may be identified through one or
more of the following motion palpation,
observation, stress diagnostic imaging, range of
motion, measurement(s), etc. - T - Tissue tone, texture, temperature
abnormality Changes in the characteristics of
contiguous and associated soft tissue including
skin, fascia, muscle and ligament may be
identified through one or more of the following
procedures observation, palpation, use of
instrumentation, test of length and strength,
etc.
21P.A.R.T
- To demonstrate a subluxation based on physical
examination, two of the four criteria mentioned
above, one of which must be asymmetry/misalignment
or range of motion abnormality, should be
documented. - Documentation of changes in the patients
examination, status, progression and care plan
should be maintained in the records at each
visit. - The evaluation process must be an ongoing
procedure. Even if a complete and thorough
examination can be completed during the first
visit, signs and certain symptoms must be
rechecked during the course of treatment to
determine the extent of the patient progress.
This ongoing evaluation and assessment forming
the basis for treatment modification is a key
factor in total patient management. The initial
examination, no matter how thorough, cannot be
expected to provide all the answers. A treatment
trial should be instituted with its effects
assessed to determine whether it should be
continued or a different plan devised. Moreover,
it is the examination that forms the foundation
for treatment, guiding the doctor in selecting
appropriate treatment techniques, frequency, and
course of treatment. - The Carrier will seek consultation from a
chiropractic physician to evaluate medical
records, as necessary - Documentation must be legible and must be
available to Medicare upon request. Failure to
provide this may result in denial of claim(s).
22Utilization Guidelines
- For acute and uncomplicated pain it is
anticipated that patients may receive treatment
three times a week for two weeks, then 1-3 times
a week for two weeks. If there is improvement
then treatment may continue for an additional
four weeks. After six weeks treatment should
usually be only 1-2 treatments per week. - For chronic pain and acute complicated pain
patients may receive treatment at three times a
week for 4-6 weeks, and then two times a week for
another 4-6 weeks. Treatment should usually be
less than 12-16 weeks. - Episodes of care exceeding once per condition
will be reimbursed only if there is an
exacerbation documented in the medical record.
Otherwise, the service will be considered
maintenance. - Services in excess of these parameters may be
suspended for prepay review, or reviewed postpay. - adapted from Chapman-Smith Jonas, The
Chiropractic Profession Its Education, Practice,
Research and Future Directions, NCMIC Group, Inc
reference Mercy Center Consensus Conference and
Clinical Guidelines for Chiropractic Practice in
Canada
23Sources of Information and Basis for Decision
- Foundations of Chiropractic Quality Assurance and
Practice Parameters Gatterman. Mosby Year Books,
1995 - Guidelines for Chiropractic Quality Assurance and
Practice Parameters ed. Haldeman, Chapman-Smith,
Peterson. Aspen Publication, 1993 - Chiropractic Physician Consultants
- Other Medicare Part B carriers' local medical
review policies, e.g., Colorado, Iowa, Kansas,
Michigan, Empire New Jersey, Upstate Medicare
Division, NY. - Meeting with Chiropractic CAC representative (NY)
- Submitted comments from chiropractors in NY and
NJ. - Travell, Janet G., M.D. and Simons, David G.,
M.D., Myofascial Pain and Dysfunction, The
Trigger Point - Manual, Williams Wilkins, Chapter 7, pp
202-207 - Diagnosis to Treatment Planner, A ChiroCode
Companion, Care and Healing Parameters, pp
319-326 - Procedural Utilization Facts, Data Management
Ventures, Inc., Treatment Classification Levels
of Care, Utilization Review, pp 107-123
24X-rays/MRI/CT Scan
- For dates of service prior to January 1, 2000, a
documenting x-ray, (or existing MRI or CT scan)
must have been taken at a time reasonably
proximate to the initiation of a course of
treatment, unless in the carrier's judgment more
specific diagnostic imaging evidence is
warranted. - Effective for claims with dates of service on or
after January 1, 2000, an x-ray is not required
to demonstrate the subluxation. However, an x-ray
may be used for this purpose if the chiropractor
so chooses. If an x-ray, (or existing MRI or CT
scan) is used for documentation, it must have
been taken no more than twelve (12) months prior
to, or three (3) months following the initiation
of a course of treatment. - In certain cases of chronic subluxation, an older
x-ray (or existing MRI or CT scan) may be
accepted, provided the beneficiary's health
record indicates the condition has existed longer
than twelve (12) months, and there is reasonable
grounds for concluding that the condition is
chronic. - Videofluoroscopy of the spine is not an accepted
method for diagnosing subluxation for
chiropractic manipulation. - The x-ray/MRI/CT scan must be made available to
Medicare when requested. If the diagnostic
studies have been taken in a hospital or
outpatient facility, a written report, including
interpretation and diagnosis by a physician must
be present in the patient's medical record. - The chiropractor's review of the x-ray (or
existing MRI or CT scan) should be documented,
noting the level of subluxation. The film(s) must
be labeled with the patient's name and date they
were taken, and must be marked right or left. - Although a chiropractor may not order an x-ray,
he/she may refer the beneficiary for an x-ray and
the authorized ordering practitioner may accept a
referral for an x-ray. In this case, the
authorized ordering practitioner must maintain
adequate documentation to support the medical
necessity for the service. - Section 240 of the CMS Pub 100-2, Chapter 15
stipulates that judgments about the
reasonableness of chiropractic treatment must be
based on the application of chiropractic
principles. Therefore, CMS has determined that if
the opinions of a radiologist and a chiropractor
conflict as to the existence of a subluxation
(for a chiropractic patient), then the opinion of
the chiropractor takes precedence.
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27Coding Guidelines
- The guidelines of the Correct Coding Initiative
supersede all coding instructions in the LCD. - The diagnosis code(s) must best describe the
patients condition for which the service was
performed. - Two diagnoses are required on all claims, and on
claims for patients whose condition is
exacerbated, a third diagnosis is also required.
The precise level of the subluxation must be
listed as the primary diagnosis, while the
resulting disorders are to be listed as the
secondary diagnosis. For exacerbated conditions,
report ICD-9-CM code V58.9. - The date of the initial treatment or date of
exacerbation of the existing condition must be
entered in item 14 of the CMS-1500 form or the
electronic equivalent. - If using an x-ray as documentation of the
subluxation, the date of the x-ray (or existing
MRI or CT scan) must be entered in Item 19 of the
CMS-1500 form or the electronic equivalent. - Diagnostic x-rays, evaluation and management
services and physical therapy are not covered
when performed by chiropractors. When submitted
for a denial for the purposes of secondary
coverage, these services may be coded utilizing a
"GY" modifier so that proper denials will be
shown on the Explanation of Medicare Benefits
form. - If an authorized ordering practitioner orders the
x-ray, then he/she should enter his/her name in
item 17 of the CMS-1500 form and his/her own UPIN
number in item 17a of the CMS-1500 form, or the
electronic equivalent, as the ordering physician. - Effective for dates of service on or after
October 1, 2004, modifier AT (acute treatment)
must be reported for all claims for
active/corrective treatment.
28Coding Guidelines
- Claims for maintenance therapy must be submitted
without modifier AT. - If the chiropractic physician believes that
manipulation services may be considered not to be
reasonable and necessary, i.e., has exceeded the
frequency limits established for that service,
he/she may have the beneficiary sign a waiver of
liability statement prior to providing the
service. The waiver must indicate the specific
reason why the chiropractor believes Medicare may
not reimburse the service. The service should be
submitted with a GA modifier, indicating that a
waiver has been obtained, and include a copy of
the waiver if submitting a paper claim. The GA
modifier is informational only and does not
trigger an automatic denial, i.e., the service
could be paid by Medicare. Therefore, the
provider should wait for the claim to be
processed before billing the beneficiary for a
denied service subject to the waiver of
liability. If the provider has not obtained a
waiver of liability from the beneficiary,
modifier GZ should be reported with the claim. - Chiropractic services may be performed in the
office (11), home (12), assisted living facility
(13), group home (14), inpatient hospital (21),
outpatient hospital (22), emergency room (23),
nursing facility for patients in a Part A stay
(31), nursing facility for patients no longer in
a Part A stay (32), custodial care facility (33),
independent clinic (49), comprehensive outpatient
rehabilitation facility (62), and state or local
public health clinic (71).
29Other Comments
- This LCD was developed/revised as a joint
document for Empire Medicare Services New York
and New Jersey. - Manual devices (those devices that are hand-held
with the thrust of the force of the device being
controlled manually) may be used by the
chiropractor in performing manual manipulation of
the spine. However, no additional payment is
allowed for the use of the device or for the
device itself. - No other diagnostic or therapeutic service
furnished by a chiropractor or under his or her
order is covered. This means that if a
chiropractor orders, takes, or interprets an
x-ray, or any other diagnostic test, the x-ray or
other diagnostic test can be used for claims
processing purposes, but Medicare coverage and
payment are not available for those services. The
following are examples (not an all inclusive
list) of services that, when performed or ordered
by the chiropractor, are excluded from Medicare
coverage and for which the beneficiary is
responsible for payment
30COORDINATION OF BENEFITS/CROSSOVER CLAIMS
- On the Medicare EOB (explanation of benefits) you
receive, Medicare will tell you if there was a
coordination of benefits or crossover claims. - This will tell you if the claims was submitted to
the secondary carrier.
31Other Comments
- Therapy for a chronic condition that does not
meet the definition as described in the
"Indications and Limitations" section of this LCD
- Maintenance therapy
- Laboratory tests
- X-rays/MRI/CT Scans
- Evaluation and management services
- Physiotherapy
- Traction
- Supplies
- Injections
- Drugs
- EKGs or any diagnostic study
- Acupuncture
- Orthopedic devices
- Nutritional supplements/counseling
- Any service ordered by the chiropractor
- Any manipulation where there exists one of the
absolute contraindications - Mechanical or electric equipment that is used for
manipulations and does not meet the definition of
"manual device" as specified in the "Description"
section of this policy - Any manipulation where the x-ray (or existing MRI
or CT scan) or examination does not support one
of the primary diagnoses listed in the "ICD-9-CM
Diagnoses That Support Medical Necessity" section
of this LCD.
32Other Comments
- A radiologist (or another authorized ordering
practitioner) may accept a referral for an x-ray
by doctors of chiropractic. The chiropractor may
not order the x-ray. - Program Exclusions
- Treatment of certain conditions may be excluded
from coverage if it falls outside the scope of a
chiropractor's practice as defined by State Law. - Some chiropractors have been identified as using
an "intensive care" concept of treatment. Under
this approach, multiple daily visits (as many as
four or five in a single day) are given in the
office or clinic and so-called room or ward fees
are charged, since the patient is confined to bed
usually for the day. The room or ward fees are
not covered.
33Denials and Appeals
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35Appointment of Representative
36Medicare Re-determination Request Form
37MEDICARE RECONSIDERATION REQUEST FORM
38TRANSFER OF APPEAL RIGHTS
39NPI National Provider Identification
- A national number to be assigned to all providers
by the Federal Government. - You can apply for it now!
- Schedule of use
- 5/23/2005-1/02/2006 UPIN
- 1/3/2006-10/01/2006 UPIN or Both
- 10/2/2006-5/22/2007 UPIN and/or NPI
- Post 5/23/2007 only NPI
40Helpful Web Links
- www.ghimedicare.com
- www.empiremedicare.com
- www.chirocode.com
- www.cms.gov