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We are often asked questions about Medicare in all
sites of service so we are putting some of the most frequently asked
ones on this new page.
We will be
adding more to address our most frequently asked question. Got here
through a search engine question? We will be taking those into
account as we update this page so bookmark us and visit us frequently.
Disclaimer:
We attempt to keep these Q&A as current as possible, however, as
regulations can change quickly, they will be as current as of the day of
writing.
What will happen to the use of
aides in SNF in October this year?
Do the Therapy caps apply to SNF part B?
Where can I find more information on Medicare
documentation requirements?
What
can I do when the patient meets the therapy cap?
Are we going to get the exception process back for Part B therapy?
Answer updated 3/15/2010
What's the supervision requirements for therapists
in private practice?
When should the KX modifier be used?
Question:
What will happen to the use of aides in SNF in October this year?
Answer: At present we are not exactly sure and
really will not know this answer until the 2011 Interim Final Rule is
published in April or May this year. In last years Final Rule CMS stated
that aides could not provide skilled services, however, based on the
regulations for counting minutes, there are times when an aide could be
contributing to those minutes and not providing skilled services. For
example, included in the minutes is set up time once the skilled
services have been started. Thus the aide can make the therapist more
efficient by transferring the patient between pieces of equipment,
getting them ready for the therapist to start that treatment. This is
all legal as per the instruction in the RAI Manual. Therefore if that
takes the aide 4 or 5 minutes to do, that leaves the therapist free to
do something more productive.
CMS stated in last years final rule that they would be
looking at the use of aides and also documentation. So expect even more
changes to Part A SNF coming this October.

Question: Do the Therapy caps
apply to SNF part B?
Answer: The therapy caps apply to all provider
types with the exception of hospital outpatient departments.
Question: Where can I find more information on
Medicare documentation requirements?
Answer: At our seminars! Actually you can download
them from the CMS Internet Only Manuals website at
www.cms.hhs.gov/manuals/IOM/list.asp
You want Pub. 100-02, the Benefit Manual, chapter 15, section 220.
You will find everything as it relates to therapy documentation
requirements.
This section is our only guidelines as there are no
documented requirements for Part A services. We recommend that you
follow these requirements for documentation in the Part A settings as a
few years ago, CMS indicated that it would like to standardize
documentation across the continuum of care.
You can also look at the information from the LCD (Local
coverage determinations) of your Medicare contractor.

Question: What can I do when the patient meets the
therapy cap?
Answer: Presently, without the exception process
being in place you have 2 options. You can have the patient pay
privately to continue services with you or the patient can go to the
hospital outpatient department and continue services there. The 3rd
option for the patient is to stop receiving therapy which is really no
option. To learn more about the cap and the use of the ABN follow
this link
to the article addressing this issue which we published in our January
Newsletter.
Question: Are we going to get the
exception process back for Part B therapy?
Answer: We are fairly certain that
the exception process will be extended till the end of the year. The
senate passed a bill last week that extended the exception for one more
year. It is anticipated that the house will also pass this and then the
President can sign into law. Until then we have the exception process
valid till the end of March.
Question: What's the supervision requirements for
therapists in private practice?
Answer: Supervision of therapist assistants under
the private practice regulation is direct supervision by a licensed,
Medicare approved therapist. Direct supervision is defines as the
therapist must be in the same office suite and be immediately available
to the assistant if they need direction or help. If this level of
supervision is not provided, the therapist should not bill Medicare for
those services.
The supervision can be provided by and licensed therapist
who has a Medicare provider number, not just the one creating the POT.
This is the most stringent level of supervision. ALL other Medicare
provider setting require general supervision by the therapist, meaning
that the therapist must be available by any telephonic means when the
assistant is providing services. As always, you need to be aware of what
your practice act guidelines are and go with the most stringent.
Question:
When should the KX modifier be used?
Answer: The KX modifier should be addes to the
claim as the cap limit is getting close. For SNF and Rehab Agencies that
bill monthly, the KX is added for all the claims for that month. This is
because the contractor may not pay the claims in thus running the risk
for denials of valid claim payment. For therapists in private practice
then you should start as the limit gets close, probably about $1600.
It is very important to remember that it is the therapist
who determines if the modifier is to be used. This needs communication
between the therapist and the biller. It should not be an automatic
practice.

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