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Updates to the Internet Only Manual Publication 100-02, Chapter 10 ( Medicare Benefit Policy Manual)

MLN Matters Number: MM6318
Related Change Request (CR) #: 6318
Related CR Release Date: February 20, 2009
Effective Date: January 5, 2009
Related CR Transmittal #: R103BP
Implementation Date: March 20, 2009
 
Provider Types Affected
Ambulance providers and suppliers that submit claims to Palmetto GBA for ambulance services provided to Medicare beneficiaries.
 
Provider Action Needed
This article is based on CR 6318 and alerts providers that the Centers for Medicare & Medicaid Services (CMS) is issuing CR 6318 to highlight the revisions to the Medicare Benefit Policy Manual, Chapter 10 - Ambulance Services. The article is informational in nature, since CR 6318 revises that manual to incorporate information previously released via Transmittal AB-02-130 and updates to the Medicare Claims Processing Manual, Chapter 15, which is available at www.cms.hhs.gov/manuals/downloads/clm104c15.pdf on the CMS Web site.
 
Key Points
The key updates made to Chapter 10 of the Medicare Benefit Policy Manual are as follows:
  • Chapter 10/Section 10.4. Medically appropriate air ambulance transportation is a covered service regardless of the State or region in which it is rendered. However, Medicare contractors approve claims only if the beneficiary’s medical condition is such that transportation by either basic or advanced life support ground ambulance is not appropriate. There are two categories of air ambulance services: fixed wing (airplane) and rotary wing (helicopter) aircraft. The higher operational costs of the two types of aircraft are recognized with two distinct payment amounts for air ambulance mileage. The air ambulance mileage rate is calculated per actual loaded (patient onboard) miles flown and is expressed in statute miles (not nautical miles).  
1. Fixed Wing Air Ambulance (FW): FW is furnished when the beneficiary’s medical condition is such that transport by ground ambulance, in whole or in part, is not appropriate. Generally, transport by FW may be necessary because the beneficiary’s condition requires rapid transport to a treatment facility, and either great distances or other obstacles, e.g., heavy traffic, preclude such rapid delivery to the nearest appropriate facility. Transport by fixed wing air ambulance may also be necessary because the beneficiary is inaccessible by a ground or water ambulance vehicle.
 
2. Rotary Wing Air Ambulance (RW): RW is furnished when the beneficiary’s medical condition is such that transport by ground ambulance, in whole or in part, is not appropriate. Generally, transport by rotary wing air ambulance may be necessary because the beneficiary’s condition requires rapid transport to a treatment facility, and either great distances or other obstacles, e.g., heavy traffic, preclude such rapid delivery to the nearest appropriate facility. Transport by RW may also be necessary because the beneficiary is inaccessible by a ground or water ambulance vehicle.  
  • Chapter 10/Section 10.4.2. Medical reasonableness is only established when the beneficiary’s condition is such that the time needed to transport a beneficiary by ground, or the instability of transportation by ground, poses a threat to the beneficiary’s survival or seriously endangers the beneficiary’s health. A list of examples of cases for which air ambulance could be justified is available in section 10.4.2, which is attached to CR 6318. The list is not inclusive of all situations that justify air transportation, nor is it intended to justify air transportation in all locales in the circumstances listed.
  •  Chapter 10/Section 20/20.1.2 - Beneficiary Signature Requirements. Medicare requires the signature of the beneficiary, or that of his or her representative, for both the purpose of accepting assignment and submitting a claim to Medicare. If the beneficiary is unable to sign because of a mental or physical condition, the following individuals may sign the claim form on behalf of the beneficiary:  
    1. The beneficiary’s legal guardian
    2. A relative or other person who receives social security or other governmental benefits on behalf of the beneficiary
    3. A relative or other person who arranges for the beneficiary’s treatment or exercises other responsibility for his or her affairs
    4. A representative of an agency or institution that did not furnish the services for which payment is claimed, but furnished other care, services, or assistance to the beneficiary
    5. A representative of the provider or of the nonparticipating hospital claiming payment for services it has furnished, if the provider or nonparticipating hospital is unable to have the claim signed in accordance with 42 CFR 424.36(b) (1 – 4)
    6. A representative of the ambulance provider or supplier who is present during an emergency and/or nonemergency transport, provided that the ambulance provider or supplier maintains certain documentation in its records for at least four years from the date of service
Note: A provider/supplier (or his/her employee) cannot request payment for services furnished except under circumstances fully documented to show that the beneficiary is unable to sign and that there is no other person who could sign.  
  • Chapter 10/Section 30.1.1. This section is revised to add information regarding Advanced Life Support (ALS) assessments. The determination to respond emergently with an ALS ambulance must be in accord with the local 911 or equivalent service dispatch protocol. If the call came in directly to the ambulance provider/supplier, then the provider’s/supplier’s dispatch protocol must meet, at a minimum, the standards of the dispatch protocol of the local 911 or equivalent service. In areas that do not have a local 911 or equivalent service, then the protocol must meet, at a minimum, the standards of a dispatch protocol in another similar jurisdiction within the State or, if there is no similar jurisdiction within the State, then the standards of any other dispatch protocol within the State. Where the dispatch was inconsistent with this standard of protocol, including where no protocol was used, the beneficiary’s condition (for example, symptoms) at the scene determines the appropriate level of payment.  
Additional Information
The official instruction (CR 6318) issued to Palmetto GBA is available at www.cms.hhs.gov/Transmittals/downloads/R103BP.pdf on the CMS Web site.
 
If you have questions, please contact our Provider Contact Center at our toll-free number, (866) 332-7025 (Ohio and West Virginia) or (888) 828-2092 (South Carolina Part B).

Note: In the content of this article there are two links that open PDF documents:
1) www.cms.hhs.gov/manuals/downloads/clm104c15.pdf (PDF, 730 KB)
2) www.cms.hhs.gov/Transmittals/downloads/R103BP.pdf (PDF, 150 KB)
 
Disclaimer
This article was prepared as a service to the public and is not intended to grant rights or impose obligations. This article may contain references or links to statutes, regulations, or other policy materials. The information provided is only intended to be a general summary. It is not intended to take the place of either the written law or regulations. We encourage readers to review the specific statutes, regulations and other interpretive materials for a full and accurate statement of their contents.

 

last updated on 02/27/2009
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