(information provided by Palmetto GBA)
Selection of Level of E/M Service Based on Duration of Coordination of Care and/or Counseling
Time is the key factor in selecting the level of service when counseling and/or coordination of care dominates (more than 50 percent) the face-to-face physician/ patient encounter or floor time (in the case of inpatient services). There are three key components when selecting the appropriate level of E/M service provided: history, examination, and medical decision making. However, the physician may document time spent with the patient in conjunction with the medical decision-making involved and a description of the coordination of care or counseling provided. Documentation must be in sufficient detail to support the claim.
Example:
A cancer patient has had all preliminary studies completed and a medical decision to implement chemotherapy. At an office visit the physician discusses the treatment options and subsequent lifestyle effects of treatment the patient may encounter or is experiencing. The physician need not complete a history and physical examination in order to select the level of service. The time spent in counseling/coordination of care and medical decision-making will determine the level of service billed.
Office/Other Outpatient Setting:
Counseling and/or coordination of care must be provided in the presence of the patient if the time spent providing those services is used to determine the level of service reported. Face-to-face time refers to the time with the physician only. Counseling by other staff is not considered to be part of the face-to-face physician/patient encounter time. Therefore, the time spent by the other staff is not considered in selecting the appropriate level of service. The code used depends upon the physician service provided.
Patient is not present in the office:
Counseling/coordination of care with the patient’s family alone (i.e. patient is at home) is not a billable service.
Patient is present in the office:
If the family members/provider needs to perform counseling/coordination of care away from the patient they may leave the room and go to the hallway/private room. Time with the family may be included in the selection of the CPT code.
Inpatient Setting:
Counseling and/or coordination of care must be provided at the bedside or on the patient’s hospital floor or unit that is associated with an individual patient. Time spent counseling the patient or coordinating the patient’s care after the patient has left the office or the physician has left the patient’s floor or begun to care for another patient on the floor is not considered when selecting the level of service to be reported.
The duration of counseling or coordination of care that is provided face-to-face or on the floor may be estimated but that estimate, along with the total duration of the visit, must be recorded when time is used for the selection of the level of a service that involves predominantly coordination of care or counseling.
Documentation must include the following:
Duration of counseling/coordination of care;
Duration of the visit; and
Sufficient documentation to support counseling/coordination of care
E/M Weekly Tip: General Principles
There are general principles of medical record documentation that are applicable to all types of medical and surgical services in all settings. While E/M services vary in several ways, such as the nature and amount of physician work required, the following general principles help ensure that medical record documentation for all E/M services is appropriate:
The medical record should be complete and legible
The documentation of each patient encounter should include:
Reason for the encounter and relevant history, physical examination findings and prior diagnostic test results
Assessment, clinical impression or diagnosis
Medical plan of care
Date and legible identity of the observer
If not documented, the rationale for ordering diagnostic and other ancillary services should be easily inferred
Past and present diagnoses should be accessible to the treating and/or consulting physician
Appropriate health risk factors should be identified
The patient’s progress, response to and changes in treatment, and revision of diagnosis should be documented
The diagnosis and treatment codes reported on the health insurance claim form or billing statement should be supported by the documentation in the medical record
Implementation of Phase 2 PECOS Delayed
This information was reported earlier but is still in effect. The implementation was scheduled to take place on May 1, 2013, but has been delayed indefinitely.
Due to technical issues, implementation of the Phase 2 ordering and referring denial edits is being delayed. These edits would have checked the following claims for an approved or validly opted-out physician or non-physician who is an eligible specialty type with a valid individual National Provider Identifier (NPI). If either of these were missing or incorrect, claims would deny.
•Medicare Part B claims from laboratories, imaging centers and Durable Medical Equipment, Orthotics, and Supplies (DMEPOS) that have an ordering or referring physician/non-physician provider
•Part A Home Health Agency (HHA) claims that require an attending physician provider
CMS will advise of the new implementation date in the near future. In the interim, informational edits will continue to be sent for those claims that would have been denied had the edits been in place.
The WVSMA's provider "look up" tool is now on the our website, www.wvsma.org.
Palmetto GBA will host the J11 Part B June Quarterly Updates, Changes and Reminders webinar on June 13, 2013 at 10 a.m. EST.
This 90-minute webinar is designed to provide pertinent updates, changes and reminders to assist the provider community in staying compliant with Medicare rules and regulations and will include:
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New billing requirements
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Changes in current billing requirements
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Hot topics that impact provider billing
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Top denials and rejections
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CERT Errors
Registration is required to attend. You may register at the website, www.palmettogba.com.
Upon completion of the webinar, a question and answer session will afford providers an opportunity to submit questions related to the topics discussed.
Redertimination Requests Need to be Sent to the Appeals Department
Palmetto GBA has noticed a trend in providers sending in redetermination requests to the medical review department after their additional development request (ADR) results in a denied claim. Providers should note that the medical review department does not process redeterminations and cannot forward the documentation on to the appeals department without the redetermination request form.
If a provider receives an ADR, submits documentation and then has their claim denied by the medical review department, the next step would be to submit a redetermination request. Providers can do this by accessing the appropriate redetermination request form from the Palmetto GBA website under the 'Forms' section and submitting the form, along with the documentation, to the address listed on the form. This assures that the documentation is received and processed in the allowed amount of time. Misrouted documentation that does not include the redetermination request form cannot be processed and could result in a provider missing timeliness guidelines for filing a Medicare redetermination request.
Note: A provider has 120 days from the date the claim is denied on the Medicare remittance advice to request a redetermination.
General Appeals Information
The Medicare Prescription Drug, Improvement, and Modernization Act requires an annual reevaluation of the dollar amount in controversy required for an Administrative Law Judge (ALJ) hearing or Federal District Court review. The amount that must remain in controversy for ALJ hearing requests filed on or before December 31, 2012, is $130.
This amount increases to $140 for ALJ hearing requests filed on or after January 1, 2013. The amount that must remain in controversy for Federal District Court review requests filed on or before December 31, 2012 is $1,350. This amount increases to $1,400 for appeals to Federal District Court filed on or after January 1, 2013.
COMMON WORKING FILE (CWF) INFORMATIONAL UNSOLICITED RESPONSE (IUR) OR REJECT FOR A NEW PATIENT VISIT BILLED BY THE SAME PHYSICIAN OR PHYSICIAN GROUP WITHIN THE PAST THREE YEARS
The Recovery Auditors, under contract with the Centers for Medicare & Medicaid Services (CMS), are responsible for identifying and correcting improper payments in the Medicare Fee-For-Service payment process. The Recovery Auditors have identified claims with 'New Patient' Evaluation and Management (E/M) services to have improper payments, because the new patient services have been billed two or more times within a three-year period by the same physician or physician group.
The 'Medicare Claims Processing Manual,' Chapter 12, Section 30.6.7 provides that 'Medicare interpret the phrase 'new patient' to mean a patient who has not received any professional services (i.e., E/M service or other face-to-face service (e.g., surgical procedure) from the physician or physician group practice (same physician specialty) within the previous three years). For example, if a professional component of a previous procedure is billed in a three-year time period (e.g., a lab interpretation is billed and no E/M service or other face-to-face service with the patient is performed, then this patient remains a new patient for the initial visit).
As a result of overpayments for new patient E/M services that should have been paid as established patient E/M services, CMS will implement changes to the CWF to prompt CMS contractors to validate that there are not two new patient CPTs being paid within a three year period of time.
The new patient CPT codes that will be checked in these edits include 99201 through 99205, 99218 through 99223, 99304 through 99306, 99324 through 99328, 99341 through 99345, 99381 through 99387, 99460 through 99461, 99468, 99471, 99475, 99477, G0245, G0402 and G0344. The edits will also check to ensure that a claim with one of these new patient CPT codes is not paid subsequent to payment of a claim with an established patient CPT code.
If Medicare discovers that a new patient code has been paid more than one time in a three-year period to the same physician, then Medicare Contractors will consider this an overpayment and will take steps to recoup the payment. If the situation is detected prior to payment of a second claim, the second claim will be rejected.
The implementation date for this will be October 7, 2013.
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