Department of Health & Human Services (DHHS) Centers for Medicare & Medicaid Services (CMS) Transmittal 896 Date: May 6, 2011
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1 anual ystem Pub One-Time Notification epartment of ealth & uman ervices () enters for edicare & edicaid ervices () Transmittal 896 ate: ay 6, 2011 hange equest 7389 UBJT: urable edical quipment National ompetitive Bidding: orrection to Permit Payment for ertain Grandfathered ccessories and upplies. UY O NG: This instruction will allow edicare payment to be made to a non-contract, grandfathered supplier for furnishing certain purchased, covered grandfathered accessories or supplies furnished for use with capped rental equipment without the KY modifier. T T: October 1, 2011 PLNTTON T: October 3, 2011 isclaimer for manual changes only: The revision date and transmittal number apply only to red italicized material. ny other material was previously published and remains unchanged. owever, if this revision contains a table of contents, you will receive the newrevised information only, and not the entire table of contents.. NG N NUL NTUTON: (N if manual is not updated) =, N=N, =LT- N PT TON UBTON TTL N. UNNG: or iscal ntermediaries (s), egional ome ealth ntermediaries (s) andor arriers: No additional funding will be provided by ; contractor activities are to be carried out within their operating budgets. or edicare dministrative ontractors (s): The edicare dministrative ontractor is hereby advised that this constitutes technical direction as defined in your contract. does not construe this as a change to the tatement of ork. The contractor is not obligated to incur costs in excess of the amounts allotted in your contract unless and until specifically authorized by the ontracting Officer. f the contractor considers anything provided, as described above, to be outside the current scope of work, the contractor shall withhold performance on the part(s) in question and immediately notify the ontracting Officer, in writing or by , and request formal directions regarding continued performance requirements.
2 . TTNT: One-Time Notification *Unless otherwise specified, the effective date is the date of service.
3 ttachment One-Time Notification Pub Transmittal: 896 ate: ay 6, 2011 hange equest: 7389 UBJT: urable edical quipment National ompetitive Bidding: orrection to Permit Payment for ertain Grandfathered ccessories and upplies ffective ate: October 1, 2011 mplementation ate: October 3, GNL NOTON. Background: Under the edicare urable edical quipment, Prosthetics, Orthotics, and upplies (PO) ompetitive Bidding Program (BP) a beneficiary who obtains competitive bidding items in a designated ompetitive Bidding rea (B) must obtain these items from a contract supplier, unless an exception applies. One exception is that a beneficiary may continue to obtain a capped rental item from a noncontract supplier if the beneficiary was receiving such rented item from the non-contract supplier when the BP took effect in the B. uch non-contract supplier would be considered a grandfathered supplier with respect to such rented item and such beneficiary for the remainder of the particular item s capped rental period. n additional exception relates to the foregoing scenario. That is, a beneficiary, who continues to obtain a capped rental competitive bidding item from a non-contract grandfathered supplier, may also obtain certain purchased, covered accessories or supplies furnished for use with such rented grandfathered capped rental equipment from the same non-contract grandfathered supplier. The purchased, covered accessories or supplies that are subject to this exception, identified by applicable P codes, are as follows: ontinuous Positive irway Pressure evices, espiratory ssistive evices, and elated upplies and ccessories 4604, 7030, 7031, 7032, 7033, 7034, 7035, 7036, 7037, 7038, 7039, 7044, 7045, 7046, 0561, and 0562; ospital Beds and elated ccessories 0271, 0272, 0280, and 0310; and alkers and elated ccessories 0154, 0156, 0157 and 0158 Previously, non-contract grandfathered suppliers submitting claims for purchased, covered accessories or supplies under this exception were instructed that they must use the KY modifier on claims for such items with dates of service on or after January 1, s of the effective date of the Transmittal, use of the KY modifier is not required on such claims. laims submitted with the KY modifier, and any P code other than those specified by a effective after the effective date of this Transmittal, will be denied. ny claim submitted after eptember 30, 2011 with the KY modifier will also be denied. fter the rental payment cap for the grandfathered equipment is reached, the beneficiary must obtain covered accessories and supplies only from a contract supplier. The supplier of the grandfathered equipment is no longer permitted to furnish the covered accessories and supplies once the rental payment cap is reached. B. Policy: edicare payment may be made to a non-contract, grandfathered supplier for furnishing certain purchased, covered accessories or supplies furnished for use with capped rental equipment, provided the noncontract supplier is also furnishing the capped rental equipment on a grandfathered basis. The purchased, covered accessories or supplies that are subject to this policy, identified by applicable P codes, are as follows:
4 ontinuous Positive irway Pressure evices, espiratory ssistive evices, and elated upplies and ccessories 4604, 7030, 7031, 7032, 7033, 7034, 7035, 7036, 7037, 7038, 7039, 7044, 7045, 7046, 0561, and 0562; ospital Beds and elated ccessories 0271, 0272, 0280, and 0310; and alkers and elated ccessories 0154, 0156, 0157 and 0158 The KY modifier shall not be annotated on claims for such P codes after eptember 30, Once the rental payment cap is reached, edicare payment will no longer be made to a non-contract, grandfathered supplier for furnishing such purchased accessories or supplies.. BUN QUNT TBL Use hall" to denote a mandatory requirement Number equirement esponsibility (place an in each hared- ystem OT B aintainers The shared systems maintainer shall process and allow payment for grandfathered PO competitive bidding covered accessories or supplies furnished for use with grandfathered capped rental equipment The shared systems maintainer shall allow payment under only when the non-contract supplier is also furnishing the capped rental equipment on a grandfathered basis The shared systems maintainer shall only make payments during the rental period for the capped rental equipment, accessories andor supplies The shared systems maintainer shall identify the accessories and supplies specified in by the following P codes : 4604, 7030, 7031, 7032, 7033, 7034, 7035, 7036, 7037, 7038, 7039, 7044, 7045, 7046, 0561, 0562, 0271, 0272, 0280, 0310, 0154, 0156, 0157 and Once the rental cap for the grandfathered equipment is reached, the shared systems maintainer shall deny claims for these items when submitted by a non-contract supplier edicare contractors shall assign group code O (ontractual Obligation) The shared systems maintainer shall use the following
5 Number equirement esponsibility (place an in each hared- ystem OT B aintainers denial messages: B20 Procedure service was partially or fully furnished by another provider. N211 You may not appeal this decision. 115 This item is denied when provided to this patient by a non-contract or non-demonstration supplier. N 8.72: This item must be provided by a contract supplier under the PO competitive bidding program. You should not be billed for this item or service. You do not have to pay this amount. There are no edicare appeal rights related to this item.. PO UTON TBL Number equirement esponsibility (place an in each hared- ystem OT B aintainers provider education article related to this instruction will be available at shortly after the is released. You will receive notification of the article release via the established "LN atters" listserv. ontractors shall post this article, or a direct link to this article, on their eb site and include information about it in a listserv message within one week of the availability of the provider education article. n addition, the provider education article shall be included in your next regularly scheduled bulletin. ontractors are free to supplement LN atters articles with localized information that would benefit their provider community in billing and
6 Number equirement esponsibility (place an in each hared- ystem OT B aintainers administering the edicare program correctly.. UPPOTNG NOTON ection : or any recommendations and supporting information associated with listed requirements, use the box below: N Use "hould" to denote a recommendation. -ef equireme nt Number ecommendations or other supporting information: ection B: or all other recommendations and supporting information, use this space: N. ONTT Pre-mplementation ontact(s): ngela ostello at angela.costello@cms.hhs.gov. Post-mplementation ontact(s): ontact your ontracting Officer s Technical epresentative (OT) or ontractor anager, as applicable.. UNNG ection : or iscal ntermediaries (s), egional ome ealth ntermediaries (s), andor arriers: No additional funding will be provided by ; contractor activities are to be carried out within their operating budgets. ection B: or edicare dministrative ontractors (s), include the following statement: The edicare dministrative ontractor is hereby advised that this constitutes technical direction as defined in your contract. does not construe this as a change to the tatement of ork. The contractor is not obligated to incur costs in excess of the amounts allotted in your contract unless and until specifically authorized by the ontracting Officer. f the contractor considers anything provided, as described above, to be outside the current scope of work, the contractor shall withhold performance on the part(s) in question and immediately notify the ontracting Officer, in writing or by , and request formal directions regarding continued performance requirements.
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