Medicare Demo Project Updates

March 29, 2005

To:
Illinois Chiropractic Society
Iowa Chiropractic Society
Maine Chiropractic Association
New Mexico Chiropractic Association
Prairie State Chiropractic Association
Virginia Chiropractic Association
Virginia Society of Chiropractic

From: American Chiropractic Association

Re: Medicare Demonstration Project

We have just gotten off the phone with CMS concerning the demo. They have several requests for the state associations of the states involved in this project.

On each association web site, there should be a link to the CMS Chiropractic Demo web page: http://www.cms.hhs.gov/researchers/demos/eccs/default.asp

In addition, you may also wish to link to the ACA Demo web page:
http://acatoday.com/government/medicare/regulatory/medicare_demo_project.shtml

Please make sure all demo information listed on your web site is up-to-date. The project starts Friday (April 1) and we need to make sure all posted information is current (e.g., listed counties for VA, IL, and IA).

Please note there is a “more organized” list of zip codes on the CMS web page than is given in the Medlearn Matters article. This should prove useful for the states of Virginia, Illinois, and Iowa.

All doctors of chiropractic need to decide whether or not they are going to participate in the demonstration project (see clarification below). Providers will be responsible for informing each and every Medicare patient of this decision—beneficiaries need to be clear on which services will be reimbursable, and which will not, before those services are rendered.

Next week there will be Medicare beneficiary fact sheets available. Please link these to your web sites as well and encourage your demo area doctors to download them and distribute them to their patients.

PLEASE NOTE: There has been further clarification from CMS in the project design—please make sure you get this clarification out ASAP!!!

For those providers wishing to participate in the demonstration project (or not), it will be an “all or nothing” situation—they will either be participating in the project or they will not. They will NOT be able to pick and choose which services are billed to the demo and which are not!

If a provider chooses to participate in the demonstration, they will be required to bill all covered services provided to the demo and, obviously, will need to abide by all relative rules. This is VERY important.

Again, doctors will not be allowed to submit some covered services to the demo and not submit others (with the obvious exception of spinal CMT). If the provider chooses to be part of the demonstration, and the service rendered is listed in Table 5 as a covered service, then the provider will be required to bill this service to Medicare.

Where this may become an issue is with the physical medicine services. As we all know, to provide physical medicine services to a Medicare beneficiary, the technician/therapist must be either a licensed physician (DC, MD, DO, DPM) or a graduate from one of the specified APTA or AMA programs. No one else may provide these services under the demo.

Therefore, if a provider chooses to render physical medicine services, and is not willing to either provide the service themselves, employ a qualified person to do it, or refer the service out, then they will not be able to participate in this project.

(Of course, as we know, providers not participating in the demonstration project may still treat Medicare beneficiaries and be reimbursed for active care spinal CMT services.)

If you have further questions, please contact Amy Hanley at the American Chiropractic Association. 1-800-986-4636 OR ahanley@amerchiro.org.

PLEASE NOTE: The ACA continues to object to the manner in which CMS is treating "incident to" services for the purposes of conducting the demonstration project.

The ACA argues that, for purposes of the demonstration project, regulation 42 CFR 410.60 should be waived. The legislation mandating the demonstration project expressly grants the Secretary of HHS authority to waive any existing regulation necessary in order to carry out the demonstration project in an effective manner. However, in this instance, CMS has refused to urge the HHS Secretary to waive this regulation.

If the regulation were waived, as requested by the ACA, then chiropractic assistants working under the authority of the DC would be able to provide "incident to" physical medicine services under the demonstration project and, in the opinion of the ACA, this circumstance would more accurately reflect common practice within the typical chiropractic office.

The ACA will continue efforts to persuade CMS and HHS to change their current policy decision regarding how "incident to" services will be treated under the demonstration project. If the ACA is successful in effecting such change, this change may not take place until the demonstration project is already underway.

In the meantime, it is very important that all doctors of chiropractic practicing in the demonstration areas be encouraged to participate in the demonstration project in spite of this restriction.

State Associations will continue to be updated on ACA's continued efforts to favorably resolve this, and other issues of concern.


 

 


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