MEDICARE A CMS Medicare Administrative Contractor http://www.NGSMedicare.com Jurisdiction B Supplier Manual: Chapter 2 September 2014 Update Enrollment Process Overview A supplier is an entity or individual, which provides, sells or rents DMEPOS to Medicare beneficiaries. The National Supplier Clearinghouse is the organizational entity contracted by CMS to issue Medicare billing privileges to suppliers of DMEPOS and to maintain a supplier file that contains information collected via the CMS 855S enrollment form. Medicare requires that all suppliers of DMEPOS who serve Medicare beneficiaries must meet the supplier standards outlined in the Code of Federal Regulations and must enroll and obtain a PTAN with the NSC. Before enrolling with the NSC, you must follow the process below: 1. 2. 3. 4. 5. Apply for and obtain an NPI from NPPES. Complete the DMEPOS accreditation process, if applicable and comply with DMEPOS Quality Standards. Obtain a surety bond, if applicable. Comply with the DMEPOS Supplier Standards outlined in 42 CFR. Section 424.57(c). Complete the CMS-855S Medicare Enrollment Application – Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Suppliers 6. Complete the CMS-460 Medicare Participating Supplier Agreement form. 7. Complete the Authorization Agreement for Electronic Funds Transfer (CMS-588) form. 8. Remit payment of the required application fee, if applicable. Questions regarding the enrollment process and obtaining and maintaining DMEPOS Medicare billing privileges should be directed to the National Supplier Clearinghouse. National Provider Identifier The Administrative Simplification provisions of the HIPAA, mandated the adoption of standard unique identifiers for health care providers, as well as the adoption of standard unique identifiers for health plans. For health care providers, the NPI is the standard unique identifier. The CMS has developed the NPPES to assign the NPIs. You can apply for an NPI one of three ways. • • • For the most efficient application processing and the fastest receipts of NPIs, use the web-based application process. Simply log onto the NPPES website. You can agree to have an EFIO submit application data on their behalf (i.e., through a bulk enumeration process) if an EFIO requests their permission to do so. You may wish to obtain a copy of the paper NPI Application/Update Form (CMS-10114) and mail the completed, signed application to the NPI Enumerator. This form is available on the CMS website or by requesting a copy from the NPI Enumerator. Suppliers who wish to obtain a copy of this form from the NPI Enumerator may do so in any of these ways: o Phone: 800-465-3203 or TTY 800-692-2326 132_0914 Supplier Manual Update o Email: [email protected] o Mail to: NPI Enumerator P.O. Box 6059 Fargo, ND 58108-6059 Note: You may only apply for an NPI using only one of the methods described above. Visit the CMS website for more information about NPI enumeration. Related Content • • • National Provider Identifier (NPI) Application/Update Form National Provider Identifier Standard (NPI) Website NPPES Website DMEPOS Accreditation In order to enroll or retain Medicare billing privileges, certain DMEPOS suppliers need to complete the accreditation process and be in compliance with the new quality standards prior to enrolling as a supplier. The Quality Standards are a separate set of standards from the NSC Supplier Standards that are divided into the following areas: • • • • • Section I: Supplier Business Services Requirements Section II: Supplier Product-Specific Service Requirements Appendix A: Respiratory Equipment, Supplies and Services Appendix B: Manual Wheelchairs, Power Mobility Devices, and Complex Rehabilitative Wheelchairs and Assistive Technology Appendix C: Custom Fabricated and Custom Fitted Orthoses, Prosthetic Devices, External Breast Prostheses, Therapeutic Shoes and Inserts, and their Accessories and Supplies, Custom-Made Somatic, Ocular, and Facial Prostheses Further information on the DMEPOS accreditation requirements along with a list of the accreditation organizations and guidance regarding the DMEPOS Quality Standards for DMEPOS suppliers is located in the Downloads section of the CMS DMEPOS Accreditation web page. Suppliers can also find additional information related to the Quality Standards in a Medicare Learning Networks article titled, “Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Quality Standards.” Related Content • • DMEPOS Accreditation Website Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Quality Standards (3.47 MB) Surety Bond Requirements A DMEPOS surety bond is a bond issued by an entity (the surety) guaranteeing that a DMEPOS supplier will fulfill an obligation or series of obligations to a third party (the Medicare Program). If the obligation is not met, the third party will recover its losses via the bond. National Government Services, Inc. Page 2 of 14 Suppliers enrolling in the Medicare Program for the first time, existing suppliers undergoing a change of ownership, or existing suppliers establishing a new practice location are required to submit a surety bond to the NSC with their CMS-855S Medicare Enrollment Application – Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Suppliers. Absent an exception to the bonding requirement, the NSC will reject a pending supplier’s enrollment application if the supplier has not submitted a valid surety bond. DMEPOS suppliers must submit a $50,000 surety bond for each assigned NPI for which the DMEPOS supplier is seeking to obtain Medicare billing privileges. In addition, a DMEPOS supplier enrolling a new practice location must submit to the NSC a new surety bond or an amendment or rider to the existing bond, showing the new practice location is covered by an additional base surety bond of $50,000. Suppliers who have certain adverse legal actions imposed against them in the past may be required to post a higher bond amount. The final regulations permit the NSC to require DMEPOS suppliers to obtain a base surety bond of $50,000 and an elevated surety bond of $50,000 for each occurrence of an adverse legal action within ten years preceding enrollment, revalidation, or reenrollment in the Medicare Program. Some companies or organizations that supply DMEPOS are exempt from the surety bond requirements. As noted in the DMEPOS Accreditation section, an Accreditation & Surety Bond Exemption chart is available on the NSC website. This chart includes details on DMEPOS supplier exemptions from the surety bond For additional information or to view the regulation in its entirety, access the CMS DMEPOS Surety Bond web page. You can access a list of Surety Bond Requirement for Suppliers of Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) FAQs on the NSC website. Related Content • • • • Accreditation & Surety Bond Exemption Chart CMS-855S Medicare Enrollment Application – Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Suppliers. (1.4 MB) DMEPOS Surety Bond Surety Bond Requirement for Suppliers of Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) FAQs Obtaining and Retaining Medicare DMEPOS Billing Privileges Under DME jurisdictional processing, every supplier of DMEPOS must obtain billing privileges from the NSC. A supplier is an entity or individual, which provides, sells or rents DMEPOS to Medicare beneficiaries. The NSC is the organizational entity contracted by CMS to issue Medicare billing privileges to suppliers of DMEPOS and to maintain a supplier file that contains information collected via the CMS-855S enrollment form. Online enrollment is now available for all DMEPOS suppliers. The PECOS allows you to enroll, make changes to existing enrollment records, reenroll, and check the status of products, services and company officials. For more information, view the CMS PECOS website. The NSC verifies data submitted through PECOS or on the CMS-855S enrollment application, issues billing privileges to approved suppliers and maintains a national DMEPOS supplier file. The NSC must process supplier data and issue billing privileges before a supplier may start submitting claims to a DME MAC. The NSC will verify all information submitted. You must submit information using Internet-based PECOS or on the CMS-855S application and meet one of the following conditions if you plan to bill Medicare for DMEPOS: • Enroll in Medicare for the first time as a DMEPOS supplier National Government Services, Inc. Page 3 of 14 • • Currently enrolled in Medicare as a DMEPOS supplier and need to report changes to their business, other than enrolling a new business location (e.g., they are adding, deleting or changing existing information under this Medicare PTAN) Currently enrolled in Medicare as a DMEPOS supplier but need to enroll a new business location. Note: This is to add a new location to an organization with a tax identification number already listed with the NSC (this differs from changing information on an already existing location). Note: 42 CFR 424.57(b)(1) requires suppliers to enroll separate physical locations other than warehouses or repair facilities. • • • Currently enrolled in Medicare as a DMEPOS supplier and have been asked to reenroll in order to verify or update their information (includes situations where the supplier has been asked to attest that their organization is still eligible to receive Medicare payments) Reactivating their Medicare DMEPOS supplier billing privileges (e.g., their Medicare supplier billing privileges were deactivated because of no billing activity and they wish to receive payment from Medicare for future claims) Voluntarily terminating their Medicare DMEPOS supplier billing privileges Instructions on how to obtain and complete the CMS-855S may be found under the Supplier Enrollment/Forms/CMS-855S Form section of the NSC website or on the CMS website. The supplier is accountable for the accuracy of the information on the CMS-855S form. Any deliberate misrepresentation or concealment of material information may subject the supplier to liability under civil and criminal laws. Application Fee Section 6401(a) of the ACA requires the secretary to impose a fee on each ‘institutional provider of medical or other items or services and suppliers.’ The fee is to be used by the secretary to cover the cost of program integrity efforts including the cost of screening associated with provider enrollment processes, including those under section 1866(j) and section 1128J of the Social Security Act. The application fee is $505 for CY 2011. The application fee is to be imposed on institutional providers that are newly-enrolling, reenrolling/revalidating or adding a new practice location for applications received on and after Friday, 03/25/11. CMS has defined ‘institutional provider’ to mean any provider or supplier that submits a paper Medicare enrollment application using the CMS-855A, CMS-855B (except physician and nonphysician practitioner organizations), or CMS-855S forms or associated Internet-based PECOS enrollment application. If suppliers have any questions regarding enrollment application fees, please contact the National Supplier Clearinghouse. Incomplete or Inconsistent Application Information The NSC will contact a supplier via email or fax, or mail if the enrollment application form is incomplete or has inconsistent information. Suppliers will be allowed 30 days from the date of notification to return all required information. If the information is not received within the 30-day time frame, the application will be closed. Participation Program Suppliers with Medicare have the option to participate in the program. Suppliers who agree to the Medicare participation guidelines will be required to complete the CMS-460 Medicare Participating Supplier Agreement form. Supplier Standards Further, all suppliers are subject to a site visit in order to determine compliance with the supplier standards. Suppliers found in noncompliance with the supplier standards are subject to denial or revocation of their NSC National Government Services, Inc. Page 4 of 14 issued billing privileges. The denial/revocation notification outlines the appeals process available to suppliers, including instructions on requesting an appeal. Enrollment Denial According to the CMS IOM Publication 100-08, Medicare Program Integrity Manual, Chapter 10, Section 6.2, a supplier that is denied enrollment in the Medicare Program cannot submit a new enrollment application until one of the following has occurred: • • If the denial was not appealed, the provider or supplier may reapply 90 days after the denial/revocation date. If the denial was appealed, the provider or supplier may reapply after it received notification the determination was upheld. On 06/27/08, CMS published a final rule titled, “Appeals of CMS or CMS Contractor Determinations When a Provider or Supplier Fails to Meet the Requirements for Medicare Billing Privileges (CMS 6003-F)” in the Federal Register. This final rule establishes an enrollment bar for those providers and suppliers whose billing privileges are revoked. The enrollment bar will require that providers and suppliers whose billing privileges are revoked wait from one to three years before reapplying to participate in the Medicare Program—depending on the severity of the infraction. CMS-855S Terminology Each DMEPOS supplier applying for Medicare billing privileges must disclose ownership on the CMS-855S form in accordance with Section 1124A of the Social Security Act and Section 4313 of the Balanced Budget Act of 1997, by including the following information: • • The names and social security numbers of the owners, managing employees, those with controlling interest of five percent or more, and/or authorized representatives/members of the board of directors (including nonprofit corporations) as well as any partnership regardless of the percentage of ownership. The names of all owners, managing employees and/or authorized representatives/members of the board of directors who have received penalties, been sanctioned, or excluded by the Medicare, Medicaid and/or other federal and state authorities or programs. The term managing employee is defined as any individual, including a general manager, business manager, or administrator, who exercises operational or managerial control over the DMEPOS supplier, or who conducts the day-to-day operations of the DMEPOS supplier. For Medicare enrollment purposes, “managing employee” also includes individuals who are not actual employees of the DMEPOS supplier but, either under contract or through some other arrangement, manage the day-to-day operations of the DMEPOS supplier. An authorized official must be an owner, general partner, chairman of the board, chief financial officer, chief executive officer, or president or must hold a position of similar status and authority within the supplier’s organization. This individual must have the authorization to legally bind the organization to a contract. The authorized official has the authority to sign the initial CMS-855S application on behalf of the supplier and to notify the NSC of any change or that the billing privileges are no longer valid due to sale of the entity. Only the authorized official can add, change or delete delegated officials or sign off on the change of the authorized official. Adding delegated officials is an option and is not required. Delegated officials may either be a managing employee of the supplier, or hold a five percent direct-ownership interest or partnership interest in the supplier. Managing employees include general managers, business managers, or administrators—individuals who exercise operational or managerial control over the supplier, or who conduct the day-to-day operations of the supplier. A delegated official must be an employee of the supplier, and proof, such as a W-2 form, may be requested. National Government Services, Inc. Page 5 of 14 Delegated officials may not delegate their authority to any other individual. Once a delegated official has been designated, he/she may make any changes and/or updates to the provider status including enrolling additional locations, reenrolling the supplier, reactivating the supplier, or adding new part-owners. Suppliers may have as many authorized and delegated officials as desired as long as the individual meets the respective definition. These officials are not location specific, but rather are supplier specific. For example, if a supplier has multiple locations under one tax ID number, the authorized and delegated officials appointed will be the authorized signers for all locations. On 05/01/06, CMS issued the revised CMS-855 Medicare enrollment applications. Listed below are changes and enhancements made specifically to the CMS-855S. You should review and become familiar with this information. • Requires the submission of the NPI and a copy of the NPI notification furnished by the NPPES. Suppliers should provide their NPI where requested and submit a copy of the notification verifying the NPI. Suppliers unable to locate their NPI notification should contact the NPPES at 800-465-3203 or send an email to [email protected]. Note: Each enrolled supplier of DMEPOS that is a covered entity under HIPAA must designate each practice location (if they have more than one) as a subpart and ensure that each subpart obtains its own unique NPI. Federal regulations require that each location of a Medicare DMEPOS supplier have its own unique billing number. In order to comply with that regulation, each location must have its own unique NPI. In addition, the address listed on the NPI notification must match the address listed on the CMS-855S. CMS requires a copy of the notification to be submitted with all enrollment documentation, which includes initial applications, changes of information, reenrollments and reactivations. • Requires suppliers to complete the Authorization Agreement for Electronic Funds Transfer (CMS-588). With regards to DMEPOS enrollment, suppliers should submit the CMS-588 EFT form when initially enrolling or submitting an application for an additional location. Suppliers must list the proper Medicare contractor and ensure the form has the original signature of the authorized or delegated official. Also, suppliers should submit a separate form for each Medicare contractor where it submits claims. (Effective 04/01/10, the CMS-588 EFT agreement form no longer requires the listing of the Medicare contractor.) Along with the completed form, suppliers must include one of the following verifying the account information: • • • Voided check Bank affidavit Notification on bank letterhead verifying the account information The role of the NSC is to verify the form is complete, confirm the correct DME MAC has been indicated (based on the information the supplier has provided on the CMS-855S) and to ensure the agreement is signed properly. Once verified, the NSC will send the agreements to the appropriate DME MAC for processing. Again, suppliers should only submit the CMS-588 form to the NSC when submitting the CMS-855S for initial enrollment when enrolling an additional location or reenrolling and not currently enrolled in the EFT program. The NSC does not enroll suppliers into the EFT program. Any changes to EFT information should be submitted following existing procedures. • A new section was added for suppliers to provide a specific address of where the NSC should mail their revalidation packages. If a supplier would like to receive their revalidation at an address other than the address where correspondences are received, the supplier should list this address in Section 4C. This enhancement was made to provide all suppliers, especially those suppliers with multiple locations, a single address where they would like their revalidation packages mailed. National Government Services, Inc. Page 6 of 14 • Requires suppliers to provide the name and phone number of the insurance underwriter. The NSC is required by CMS to verify coverage. Section 5 requires suppliers to provide identifying information for both the insurance agent and the underwriter. Providing this information will assist in facilitating the verification process. (Effective January 2013, section 3D of the revised CMS-855S is where suppliers will list products and services.) On 04/02/07, CMS issued a Final Rule on accreditation for DMEPOS suppliers. Because of the Final Rule, Section 3B was added for suppliers to provide information concerning accreditation. • • • As of 05/07/13, DMEPOS suppliers must submit all initial enrollment, change of information, or revalidation requests on the revised CMS-855S enrollment application (version 01/13). All DMEPOS suppliers must submit accreditation information and/or a surety bond to the NSC to obtain/maintain Medicare billing privileges unless the supplier type has been exempted by CMS. Requires suppliers list the state(s) where items or services are being provided. Section 4 is where suppliers will indicate what jurisdiction the majority of claims will be submitted and list the individual states where items and services are provided. This information is being collected in order to ensure suppliers are properly licensed in the states where they provide Medicare-covered items to beneficiaries. Related Content • • • • • • CMS-460 Medicare Participating Supplier Agreement form (217 KB) CMS 855S Enrollment Application CMS IOM Publication 100-08, Medicare Program Integrity Manual, Chapter 10, Section 6.2 (653 KB) CMS PECOS Website National Supplier Clearinghouse NSC Website Application Fees Providers and suppliers that are (1) initially enrolling in Medicare, (2) adding a practice location, or (3) revalidating their enrollment information, must submit with their application: • • An application fee in an amount prescribed by CMS, and/or A request for a hardship exception to the application fee This requirement applies to applications received on or after 03/25/11. The fee for 01/01/14 through 12/31/14, is $542.00. Fee amounts for future years will be adjusted by the percentage change in the consumer price index (for all urban consumers) for the 12-month period ending on June 30 of the prior year. CMS will give Medicare contractors and the public advance notice of any change in the fee amount for the coming calendar year. Providers or suppliers who submit enrollment applications using Internet-based PECOS pay the application fee during the online submission process. Providers or suppliers who submit the paper CMS-855 application form will pay the fee on the Medicare Enrollment site. CMS will regularly send a listing of providers and suppliers (the “Fee Submitter List”) who paid an application fee to the contractors. However, you are strongly encouraged to submit a copy of your receipt of payment with the enrollment/reenrollment application. This may enable the contractor to more quickly verify that payment has been made. Exceptions to the Application Fee Requirements This does not apply to physicians, nonphysician practitioners, physician group practices and nonphysician group practices unless enrolling/revalidating as DMEPOS suppliers via the CMS-855S application. National Government Services, Inc. Page 7 of 14 Hardship Exceptions A provider or supplier requesting a hardship exception from the application fee must include with its enrollment application a letter (and supporting documentation) that describes the hardship and why the hardship justifies an exception. If a paper CMS-855 application is submitted, the hardship exception letter must accompany the application. If the application is submitted via the Internet-based Provider Enrollment (PECOS), accompany the certification statement. Hardship exception letters will not be considered if they were submitted separately from the application or certification statement, as applicable. If your Medicare contractor receives a hardship exception request separately from the application or certification statement, it will: (1) return it to you, and (2) notify you via letter, email, or telephone, that it will not be considered. Upon receipt of a hardship exception request with the application or certification statement, the contractor will send the request and all documentation accompanying the request to CMS. CMS will determine if the request should be approved. During this review period, the contractor will not begin processing the provider’s application. CMS will communicate its decision to the institutional provider and the contractor via letter. Important Note: The contractor will not begin to process the provider’s/supplier’s application until the following has occurred: • • The fee has been paid, or The hardship exception request has been approved Once processing commences, the application will be processed in the order in which it was received. We highly recommend that you review CMS Medicare Learning Network (MLN) Matters article MM7350 “Implementation of Provider Enrollment Provisions in CMS-6028-FC” to gain a better understanding of this new requirement. Related Content • • MM7350 Revised – Implementation of Provider Enrollment Provisions in CMS-6028-FC Medicare Enrollment site Change of Information Any changes or updates to information provided on the CMS-855S form must be reported to the NSC within 30 days after such changes have taken place. Updated information should be submitted on the CMS-855S or through Internet-based PECOS. Suppliers found noncompliant are subject to the revocation or inactivation of their Medicare billing privileges. In order to receive timely information from the DME MAC, the NSC must have the supplier’s correct address. The NSC maintains the supplier’s correspondence address information and transmits this information to the DME MAC. All changes, including changes in address, must be reported to the NSC. Be sure to attach all location specific licenses to any change of information form that includes a change of physical location. This will be required before any changes can be made to the supplier file. This serves as notice to suppliers that they should apply for any new location-specific licenses from the specific licensing board (e.g., the Board of Pharmacy, business license offices, etc.) as quickly as possible to ensure compliance with supplier standard #1. Further instructions on how to complete a change of information for various reasons may be found in the Supplier Enrollment/Change of Information section of the NSC Web site. All CMS-855S forms and changes to previously submitted information must be sent to: National Government Services, Inc. Page 8 of 14 Regular Mail Address Overnight Mail Address National Supplier Clearinghouse AG-495 P.O. Box 100142 Columbia, SC 29202-3142 National Supplier Clearinghouse AG-495 2300 Springdale Drive, Bldg. 1 Camden, SC 29020 The NSC isn’t the only company that should be notified in the event of an address change. A checklist titled “Address Change Checklist for DME MAC Suppliers” was developed to assist suppliers that have a location change and need to complete a change of address and can be found in the Resources section of our website under Tools and Materials. Related Content • NSC Website Directory of Medicare Suppliers The CMS is responsible for producing a directory of all Medicare suppliers. This directory will not include physicians or ambulatory surgical centers that furnish supplies, except optometrists. Related Content • Supplier Directory Supplier Standards Medicare regulations have defined standards a supplier must meet to receive and maintain billing privileges. These standards can be found in the Supplier Enrollment/Standards & Compliance/Supplier Standards section of the NSC website. The Medicare DMEPOS supplier standards were finalized and became effective 12/11/00. You may download the abbreviated or the full version of the supplier standards on the NSC website. The abbreviated version of the supplier standards are listed below. These standards, in their entirety, are listed in 42 CFR 424.57(c). If suppliers have any questions regarding these standards, please contact the National Supplier Clearinghouse. 1. A supplier must be in compliance with all applicable federal and state licensure and regulatory requirements. 2. A supplier must provide complete and accurate information on the DMEPOS supplier application. Any changes to this information must be reported to the National Supplier Clearinghouse within 30 days. 3. An authorized individual (one whose signature is binding) must sign the application for billing privileges. 4. A supplier must fill orders from its own inventory or must contract with other companies for the purchase of items necessary to fill the order. A supplier may not contract with any entity that is currently excluded from the Medicare program, any state health care programs or from any other Federal procurement or non-procurement programs. 5. A supplier must advise beneficiaries that they may rent or purchase inexpensive or routinely purchased durable medical equipment and of the purchase option for capped rental equipment. 6. A supplier must notify beneficiaries of warranty coverage and honor all warranties under applicable State law and repair or replace free of charge Medicare covered items that are under warranty. 7. A supplier must maintain a physical facility on an appropriate site. National Government Services, Inc. Page 9 of 14 8. A supplier must permit CMS or its agents to conduct on-site inspections to ascertain the supplier's compliance with these standards. The supplier location must be accessible to beneficiaries during reasonable business hours and must maintain a visible sign and posted hours of operation. 9. A supplier must maintain a primary business telephone listed under the name of the business in a local directory or a toll free number available through directory assistance. The exclusive use of a beeper, answering machine or cell phone is prohibited. 10. A supplier must have comprehensive liability insurance in the amount of at least $300,000 that covers both the supplier's place of business and all customers and employees of the supplier. If the supplier manufactures its own items, this insurance must also cover product liability and completed operations. 11. A supplier must agree not to initiate telephone contact with beneficiaries with a few exceptions allowed. This standard prohibits suppliers from calling beneficiaries in order to solicit new business. 12. A supplier is responsible for delivery and must instruct beneficiaries on use of Medicare covered items and maintain proof of delivery. 13. A supplier must answer questions and respond to complaints of beneficiaries and maintain documentation of such contacts. 14. A supplier must maintain and replace at no charge or repair directly or through a service contract with another company Medicare-covered items it has rented to beneficiaries. 15. A supplier must accept returns of substandard (less than full quality for the particular item) or unsuitable items (inappropriate for the beneficiary at the time it was fitted and rented or sold) from beneficiaries. 16. A supplier must disclose these supplier standards to each beneficiary to whom it supplies a Medicarecovered item. 17. A supplier must disclose to the government any person having ownership, financial or control interest in the supplier. 18. A supplier must not convey or reassign a supplier number (e.g., the supplier may not sell or allow another entity to use its Medicare billing number). 19. A supplier must have a complaint resolution protocol established to address beneficiary complaints that relate to these standards. A record of these complaints must be maintained at the physical facility. 20. Complaint records must include the name, address, telephone number and health insurance claim number of the beneficiary, a summary of the complaint, and any actions taken to resolve it. 21. A supplier must agree to furnish CMS any information required by the Medicare statute and implementing regulations. 22. All suppliers must be accredited by a CMS-approved accreditation organization in order to receive and retain a supplier billing number. The accreditation must indicate the specific products and services for which the supplier is accredited in order for the supplier to receive payment of those specific products and services (except for certain exempt pharmaceuticals). Implementation date—October 1, 2009. 23. All suppliers must notify their accreditation organization when a new DMEPOS location is opened. 24. All supplier locations, whether owned or subcontracted, must meet the DMEPOS quality standards and be separately accredited in order to bill Medicare. 25. All suppliers must disclose upon enrollment all products and services, including the addition of new product lines for which they are seeking accreditation. 26. Must meet the surety bond requirements specified in 42 C.F.R. 424.57(c). Implementation date—May 4, 2009. 27. A supplier must obtain oxygen from a state–license oxygen supplier. 28. A supplier must maintain ordering and referring documentation consistent with provisions found in 42 C.F.R. 424.516(f). 29. DMEPOS suppliers are prohibited from sharing a practice location with certain other Medicare providers and suppliers. 30. DMEPOS suppliers must remain open to the public for a minimum of 30 hours per week with certain exceptions. Related Content • • National Supplier Clearinghouse Website National Supplier Clearinghouse Contact Information National Government Services, Inc. Page 10 of 14 Change of Ownership When there is a change of ownership, new billing privileges must be issued unless the new owners assume all liabilities and the tax identification number of the existing supplier. Otherwise, the new owner may not use the existing supplier’s billing privileges (supplier standard #18). The new owner must submit form CMS-855S to the NSC within 30 days of the change of ownership, along with a bill of sale, articles of incorporation filed with the state and any other documents that show the exact nature of the transaction. If there is a change in the tax identification number, the outgoing owner must notify the NSC by completing the CMS-855S as a “Voluntary Termination of Billing Number.” The request to voluntarily terminate the supplier’s billing privileges must be submitted on the CMS-855S. Per the CMS IOM Publication 100-08, Medicare Program Integrity Manual, Chapter 10, Section 7 all changes must be reported on the CMS-855S. The old billing privileges will be deactivated. If the NSC determines the new owners have met all requirements, the new privileges will be effective from the date of the change of ownership. Claims for items furnished between the date of the change of ownership and the issuance of the new privileges may be submitted to the DME MAC once the supplier has received the new privileges. Further information about change in ownership, including instructions on how to submit a voluntary termination, may be found in the Supplier Enrollment/Standards & Compliance/Change of Information Guide section of the NSC website. Related Content • • CMS IOM Publication 100-08, Medicare Program Integrity Manual, Chapter 10, Section 7 NSC Website Participation Program (CMS-460 Medicare Participating Supplier Agreement) The Medicare participation program involves a voluntary agreement between a supplier and Medicare. Under the agreement, the supplier agrees to accept assignment for all services rendered to Medicare beneficiaries and to accept the Medicare-allowed amount as the total charge for any covered item and not to collect any more than the Medicare unmet deductible and coinsurance from the beneficiary. Any Medicare-enrolled supplier may choose to participate in the program. Participation is not automatic; the assignment of a DMEPOS PTAN does not enroll a supplier in the program. A separate participation agreement, the CMS-460 form, must be filed with the NSC. Once a supplier is enrolled in the program, the agreement applies to locations enrolled under the same tax identification number. Participation is not location specific. This is true whether the supplier is an individual, partnership or corporation. Enrollment The participation enrollment form is available on the NSC Web site or on the CMS website. Suppliers may also obtain an enrollment form by calling the NSC toll free at 866-238-9652 or by writing to: National Supplier Clearinghouse Palmetto GBA—AG-495 P.O. Box 100142 Columbia, SC 29202-3142 National Government Services, Inc. Page 11 of 14 If preferred, suppliers can email their questions to [email protected]. Questions received will be answered within a reasonable time frame. The NSC suggests that suppliers refrain from submitting protected healthcare information via email. The CMS offers an open-enrollment period each year when suppliers may enroll in the program or provide notice of the termination of their participation agreement. The open enrollment period usually takes place mid-November to the end of December. The NSC notifies suppliers of the specific dates for the enrollment period each year. In order to terminate a participation agreement, the supplier must notify the NSC in writing during the enrollment period. The written notice must be postmarked before the end of the enrollment period and have the original signature of the authorized official. The termination will be effective January 1 of the following year. The NSC will acknowledge receipt of a request, which has been appropriately completed and has the proper original signature, to enroll or to terminate enrollment in the participation program. Suppliers who do not receive an acknowledgement within a reasonable time should contact the NSC. Related Content • • Medicare Participating Physician or Supplier Agreement Form CMS-460 (217 KB) National Supplier Clearinghouse Website Benefits of Participation By agreeing to accept assignment on all claims, a participating provider receives certain advantages. By accepting assignment, a supplier: • • • requests direct payment from Medicare for covered items; accepts the Medicare-allowed amount as the full charge for the item or service; and has the right to appeal claim determination by the DME MAC. Medicare also advertises the participation status of providers to beneficiaries by providing a directory of participating providers to senior citizens groups and, upon request, to individual Medicare beneficiaries. The Medicare Supplier Directory is available on the Medicare.gov website. Medicare provides for the automatic crossover of claims to Medigap insurers for participating providers. In other words, when a participating supplier provides the appropriate information on a claim for a beneficiary who has a Medigap insurance policy, Medicare will transfer the claim information to the Medigap insurer after processing, reducing paperwork for the supplier. Refer to the Claim Submission Chapter of this manual for CMS-1500 claim form completion instructions to ensure automatic crossover. Related Content • Supplier Directory Nonparticipating Suppliers DMEPOS suppliers who do not sign an agreement to accept assignment on all Medicare claims are nonparticipating suppliers. Physicians billing nonassigned claims are limited to charging 15 percent above the approved amount. However, DMEPOS suppliers do not have a limit on the amount they may charge above the Medicare allowable. They may accept assignment on a claim-by-claim basis. National Government Services, Inc. Page 12 of 14 Assignment of Claims It should be noted that the terms participating and nonparticipating refer to suppliers. The terms assigned and nonassigned refer to claims. By accepting assignment on a claim a supplier agrees to accept Medicare’s allowed amount as the full charge for the items or services provided. This means that for covered services, the supplier may collect only the deductible and remaining coinsurance amounts from the beneficiary. A claim for an assigned item is considered paid in full when the DME MACs allowed amount is paid. On an assigned claim that was denied because the beneficiary did not meet Medicare’s medical necessity criteria, the beneficiary may be held financially responsible for Medicare’s allowed amount if an acceptable ABN was obtained. Refer to the Advanced Beneficiary Notice of Noncoverage chapter of this manual for detailed ABN requirements. For noncovered items, the beneficiary may be held financially responsible for the supplier’s entire charge regardless of whether the claim is filed assigned or nonassigned. Assignment for Nonparticipating Suppliers Suppliers who have not enrolled in the participation program (i.e., nonparticipating suppliers) may accept assignment on a claim-by-claim basis. On a nonassigned claim that was denied because the beneficiary did not meet Medicare’s medical necessity criteria, the beneficiary may be held financially responsible for the supplier’s entire charge if an acceptable ABN was obtained prior to rendering the services. Once a claim has been filed as assigned, it may not be changed to nonassigned without the consent of both the beneficiary and the supplier. The notice to rescind must be received by the DME MAC prior to payment determination. Mandatory Assignment for Covered Drugs Billed to Medicare Section 114 of the BIPA states, in part, “Payment for a charge for any drug or biological for which payment may be made under this part may be made only on an assignment-related basis.” Mandatory assignment applies only to those drugs “for which payment may be made”, i.e., Medicare-covered drugs. Drugs that would never be paid, e.g., no benefit category, never medically necessary, are not subject to mandatory assignment. A supplier may not render a charge or bill to anyone for these drugs and biologicals for any amount other than the Medicare Part B deductible and coinsurance. Mandatory assignment does not apply to dispensing fees for drugs. If a supplier submits an unassigned claim for a drug or biological, the DME MAC will process the claim as though the supplier accepted assignment. Assignment Violation When an assignment violation is noted by the DME MAC through the review of a claim or through a beneficiary complaint, the DME MAC will educate the supplier on the terms of the assignment agreement. The supplier may be required to return a refund and provide a corrected statement to the beneficiary. Where there are repeated violations of the assignment agreement, the DME MAC may suspend further payment to the supplier on assigned claims as directed by the CMS. For payable claims, payment will be made directly to the beneficiary. The beneficiary will be advised that the supplier has not complied with the requirements for receiving payment from Medicare. National Government Services, Inc. Page 13 of 14 Resources Available to Assist Suppliers with the Enrollment Process The NSC Website http://www.PalmettoGBA.com/NSC • • • • Numerous FAQs regarding the enrollment process Information regarding the NSC site visit process Licensure information A checklist to ensure the CMS-855S was completed properly and that all required documentation has been provided NSC Customer Service Line 866-238-9652 The NSC analysts are available Monday through Friday from 9:00 a.m. until 5:00 p.m. ET to answer questions regarding the enrollment process. If you have questions regarding supplier-specific information, please be sure the caller is listed on the supplier file. NSC analysts will not be able to give supplier-specific information to someone who is not listed on the supplier file. The NSC also has a voice mailbox available to Spanish-speaker suppliers who do not speak English. NSC Email Address [email protected] If preferred, you can email your questions to this address. Questions received will be answered within a reasonable time frame. The NSC suggests you do not submit protected health care information via email. NSC Interactive Voice Response Unit The NSC IVR unit allows suppliers to obtain: • • • • • General information regarding the enrollment process Information on the appeals process Status of a new application, reenrollment, reactivation or change of information Instructions on how to obtain a CMS-855S Contact information for the NSC, DME MACs and CMS The IVR is available 24-hours a day, seven days a week (except for routine system maintenance) and can be accessed by calling the NSC Customer Service line at 866-238-9652. National Government Services, Inc. Page 14 of 14
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