On Tuesday, November 2nd, CMS issued the 2011 Physician Fee Schedule Final Rule. Embedded in the over 2000 pages of the rule was the amendment to the Stark in-office ancillary services exception. CMS finalized the rule, required by PPACA (the Healthcare Reform Act), regarding the requirement of physician groups to provide notice of other “suppliers” of CT, MRI and PET services.
The final rule did not expand the PPACA list of services, and limited the disclosure requirement only to CT, MRI and PET advanced imaging services. This disclosure requirement applies to all in-office referrals that are categorized as “radiology and certain other imaging services” by the list of CPT/HCPCS Codes (defined in §411.351). CMS noted that a request by a radiation oncologist for radiation therapy or ancillary services necessary for, and integral to, the provision of radiation therapy is not a “referral” under §411.351, if certain other criteria are satisfied. The disclosure requirement would therefore not apply if the request is not a “referral.”
CMS has also removed CPT code 77014 (computed tomography guidance for place of radiation therapy fields) from the CPT/HCPCS Codes because the service is always integral to, and performed during, a nonradiological medical procedure.
The disclosure notice should be written in a manner that can be reasonably understood by the patient and must include the following:
- Must be in writing;
- Delivered to the patient at the time of the referral;
- Must contain a list of 5 alternative suppliers that can provide the same services;
- These suppliers must be located within a 25 mile radius of the referring physician’s office;
- The list should include the supplier’s name, address and telephone number.
The rule does allow an exception for providers practicing in areas where less than 5 suppliers are located within a 25 mile radius. Those providers should list all of the suppliers within the area. Hospitals are not considered suppliers, but may also be listed (CMS recommends that rural providers list hospitals).
In the final rule, CMS removed the requirement that the physician group obtain the signature of the patient on the disclosure form. CMS recommends that the physician be able to document or otherwise establish that he/she has complied with the disclosure requirement. The disclosure notice must be provided at the time of the referral, which means that providing the notice at the initial visit will not suffice. The disclosure requirement applies to all services furnished on or after January 1, 2011.
If you would like more information or assistance in drafting a disclosure notice please contact Don Black or Elana Zana.
