83_FR_62810 83 FR 62577 - Medicare Program; Extension of Prior Authorization for Repetitive Scheduled Non-Emergent Ambulance Transports

83 FR 62577 - Medicare Program; Extension of Prior Authorization for Repetitive Scheduled Non-Emergent Ambulance Transports

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 83, Issue 233 (December 4, 2018)

Page Range62577-62580
FR Document2018-26334

This notice announces a 1-year extension of the Medicare Prior Authorization Model for Repetitive Scheduled Non-Emergent Ambulance Transport. The extension of this model is applicable to the following states and the District of Columbia: Delaware, Maryland, New Jersey, North Carolina, Pennsylvania, South Carolina, Virginia, and West Virginia.

Federal Register, Volume 83 Issue 233 (Tuesday, December 4, 2018)
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Notices]
[Pages 62577-62580]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26334]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-6063-N4]


Medicare Program; Extension of Prior Authorization for Repetitive 
Scheduled Non-Emergent Ambulance Transports

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces a 1-year extension of the Medicare Prior 
Authorization Model for Repetitive Scheduled Non-Emergent Ambulance 
Transport. The extension of this model is applicable to the following 
states and the District of Columbia: Delaware, Maryland, New Jersey, 
North Carolina, Pennsylvania, South Carolina, Virginia, and West 
Virginia.

DATES: This extension begins on December 2, 2018 and ends on December 
1, 2019.

FOR FURTHER INFORMATION CONTACT: Angela Gaston, (410) 786-7409. 
Questions regarding the Medicare Prior Authorization Model Extension 
for Repetitive Scheduled Non-Emergent Ambulance Transport should be 
sent to [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Medicare may cover ambulance services, including air ambulance 
(fixed-wing and rotary-wing) services, if the ambulance service is 
furnished to a beneficiary whose medical condition is

[[Page 62578]]

such that other means of transportation are contraindicated. The 
beneficiary's condition must require both the ambulance transportation 
itself and the level of service provided in order for the billed 
service to be considered medically necessary.
    Non-emergent transportation by ambulance is appropriate if either 
the-- (1) beneficiary is bed-confined and it is documented that the 
beneficiary's condition is such that other methods of transportation 
are contraindicated; or (2) beneficiary's medical condition, regardless 
of bed confinement, is such that transportation by ambulance is 
medically required. Thus, bed confinement is not the sole criterion in 
determining the medical necessity of non-emergent ambulance 
transportation; rather, it is one factor that is considered in medical 
necessity determinations.\1\
---------------------------------------------------------------------------

    \1\ 42 CFR 410.40(d)(1).
---------------------------------------------------------------------------

    A repetitive ambulance service is defined as medically necessary 
ambulance transportation that is furnished in 3 or more round trips 
during a 10-day period, or at least 1 round trip per week for at least 
3 weeks.\2\ Repetitive ambulance services are often needed by 
beneficiaries receiving dialysis or cancer treatment.
---------------------------------------------------------------------------

    \2\ Program Memorandum Intermediaries/Carriers, Transmittal AB-
03-106.
---------------------------------------------------------------------------

    Medicare may cover repetitive, scheduled non-emergent 
transportation by ambulance if the--(1) medical necessity requirements 
described previously are met; and (2) ambulance provider/supplier, 
before furnishing the service to the beneficiary, obtains a written 
order from the beneficiary's attending physician certifying that the 
medical necessity requirements are met (see 42 CFR 410.40(d)(1) and 
(2)).\3\
---------------------------------------------------------------------------

    \3\ Per 42 CFR 410.40(d)(2), the physician's order must be dated 
no earlier than 60 days before the date the service is furnished.
---------------------------------------------------------------------------

    In addition to the medical necessity requirements, the service must 
meet all other Medicare coverage and payment requirements, including 
requirements relating to the origin and destination of the 
transportation, vehicle and staff, and billing and reporting. 
Additional information about Medicare coverage of ambulance services 
can be found in 42 CFR 410.40, 410.41, and in the Medicare Benefit 
Policy Manual (Pub. 100-02), Chapter 10, at http://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/bp102c10.pdf.
    According to a study published by the Government Accountability 
Office in October 2012, entitled ``Costs and Medicare Margins Varied 
Widely; Transports of Beneficiaries Have Increased,'' \4\ the number of 
basic life support (BLS) non-emergent transports for Medicare Fee-For-
Service beneficiaries increased by 59 percent from 2004 to 2010. A 
similar finding published by the Department of Health and Human 
Services' Office of Inspector General in a 2006 study, entitled 
``Medicare Payments for Ambulance Transports,'' \5\ indicated a 20 
percent nationwide improper payment rate for non-emergent ambulance 
transport. Likewise, in June 2013, the Medicare Payment Advisory 
Commission published a report \6\ that included an analysis of non-
emergent ambulance transports to dialysis facilities and found that, 
during the 5-year period between 2007 and 2011, the volume of 
transports to and from a dialysis facility increased 20 percent, more 
than twice the rate of all other ambulance transports combined.
---------------------------------------------------------------------------

    \4\ Government Accountability Office Cost and Medicare Margins 
Varied Widely; Transports of Beneficiaries Have Increased (October 
2012).
    \5\ Office of Inspector General Medicare Payment for Ambulance 
Transport (January 2006).
    \6\ Medicare Payment Advisory Commission, June 2013, pages 167-
193.
---------------------------------------------------------------------------

    Section 1115A of the Social Security Act (the Act) authorizes the 
Secretary to test innovative payment and service delivery models to 
reduce program expenditures, while preserving or enhancing the quality 
of care furnished to Medicare, Medicaid, and Children's Health 
Insurance Program beneficiaries. Section 1115A(d)(1) of the Act 
authorizes the Secretary to waive such requirements of Titles XI and 
XVIII, as well as sections 1902(a)(1), 1902(a)(13), 1903(m)(2)(A)(iii), 
and 1934 (other than subsections (b)(1)(A) and (c)(5)) of the Act as 
may be necessary solely for purposes of carrying out section 1115A of 
the Act with respect to testing models described in section 1115A(b) of 
the Act. Consistent with this standard, we will continue to waive the 
same provisions for the extension of this model as have been waived for 
the prior 4 years of the model. Additionally, we have determined that 
the implementation of this model does not require the waiver of any 
fraud and abuse law, including sections 1128A, 1128B, and 1877 of the 
Act. Thus providers and suppliers affected by this model must comply 
with all applicable fraud and abuse laws.
    In the November 14, 2014 Federal Register (79 FR 68271), we 
published a notice entitled ``Medicare Program; Prior Authorization of 
Repetitive Scheduled Non-emergent Ambulance Transports,'' which 
announced the implementation of a 3-year Medicare Prior Authorization 
model that established a process for requesting prior authorization for 
repetitive, scheduled non-emergent ambulance transport rendered by 
ambulance providers/suppliers garaged in three states (New Jersey, 
Pennsylvania, and South Carolina). These states were selected as the 
initial states for the model because of their high utilization and 
improper payment rates for these services. The model began on December 
1, 2014, and was originally scheduled to end in all three states on 
December 1, 2017.
    In the October 23, 2015 Federal Register (80 FR 64418), we 
published a notice titled ``Medicare Program; Expansion of Prior 
Authorization of Repetitive Scheduled Non-emergent Ambulance 
Transports,'' which announced the inclusion of six additional states 
(Delaware, the District of Columbia, Maryland, North Carolina, West 
Virginia, and Virginia) in the Repetitive Scheduled Non-Emergent 
Ambulance Transport Prior Authorization model in accordance with 
section 515(a) of the Medicare Access and CHIP Reauthorization Act of 
2015 (MACRA) (Pub. L. 114-10). These six states began participation on 
January 1, 2016, and the model was originally scheduled to end in all 
nine model states on December 1, 2017.
    In the December 12, 2017 Federal Register (82 FR 58400), we 
published a notice titled ``Medicare Program; Extension of Prior 
Authorization for Repetitive Scheduled Non-Emergent Ambulance 
Transports,'' which announced a 1-year extension of the prior 
authorization model in all states through December 1, 2018.

II. Provisions of the Notice

    This notice announces that the Medicare Prior Authorization Model 
for Repetitive Scheduled Non-Emergent Ambulance Transport is again 
being extended in the current model states of Delaware, the District of 
Columbia, Maryland, New Jersey, North Carolina, Pennsylvania, South 
Carolina, Virginia, and West Virginia for an additional year while we 
continue to evaluate the model and determine if the model meets the 
statutory requirements for nationwide expansion under section 
1834(l)(16) of the the Act, as added by section 515(b) of MACRA (Pub. 
L. 114-10). The model is currently scheduled to end in all states on 
December 1, 2019. Prior authorization will not be available for 
repetitive scheduled non-emergent ambulance transportation services 
furnished after that date.
    We will continue to test whether prior authorization helps reduce 
expenditures, while maintaining or

[[Page 62579]]

improving quality of care, using the established prior authorization 
process for repetitive, scheduled non-emergent ambulance transport to 
reduce utilization of services that do not comply with Medicare policy.
    We will continue to use this prior authorization process to help 
ensure that all relevant clinical or medical documentation requirements 
are met before services are furnished to beneficiaries and before 
claims are submitted for payment. This prior authorization process 
further helps to ensure that payment complies with Medicare 
documentation, coverage, payment, and coding rules.
    The use of prior authorization does not create new clinical 
documentation requirements. Instead, it requires the same information 
that is already required to support Medicare payment, just earlier in 
the process. Prior authorization allows providers and suppliers to 
address coverage issues prior to furnishing services.
    The prior authorization process under this model will continue to 
apply in the nine states listed previously for the following codes for 
Medicare payment:
     A0426 Ambulance service, advanced life support, non-
emergency transport, Level 1 (ALS1).
     A0428 Ambulance service, BLS, non-emergency transport.
    While prior authorization is not needed for the mileage code, 
A0425, a prior authorization decision for an A0426 or A0428 code will 
automatically include the associated mileage code.
    We have conducted and will continue to conduct outreach and 
education to ambulance providers/suppliers, as well as beneficiaries, 
through such methods as updating the operational guide, frequently 
asked questions (FAQs) on our website, a physician letter explaining 
the ambulance providers/suppliers' need for the proper documentation, 
and educational events and materials issued by the Medicare 
Administrative Contractors (MACs). We will also continue our recent 
initiative to help find alternative resources for beneficiaries who do 
not meet the requirements of the Medicare repetitive scheduled non-
emergent ambulance transport benefit. Additional information about the 
implementation of the prior authorization model is available on the CMS 
website at http://go.cms.gov/PAAmbulance.
    Under this model, submitting a prior authorization request is 
voluntary. However, an ambulance provider/supplier or beneficiary is 
encouraged to submit to the MAC a request for prior authorization along 
with all relevant documentation to support Medicare coverage of a 
repetitive, scheduled non-emergent ambulance transport. If prior 
authorization has not been requested by the fourth round trip in a 30-
day period, the subsequent claims will be stopped for prepayment 
review.
    In order for a prior authorization request to be provisionally 
affirmed, the request for prior authorization must meet all applicable 
rules and policies, including any local coverage determination (LCD) 
requirements for ambulance transport claims. A provisional affirmation 
is a preliminary finding that a future claim submitted to Medicare for 
the service likely meets Medicare's coverage, coding, and payment 
requirements. After receipt of all relevant documentation, the MACs 
will make every effort to conduct a review and postmark the 
notification of their decision on a prior authorization request within 
10 business days for an initial submission. Notification will be 
provided to the ambulance provider/supplier and to the beneficiary. If 
a subsequent prior authorization request is submitted after a non-
affirmative decision on an initial prior authorization request, the 
MACs will make every effort to conduct a review and postmark the 
notification of their decision on the resubmitted request within 20 
business days.
    An ambulance provider/supplier or beneficiary may request an 
expedited review when the standard timeframe for making a prior 
authorization decision could jeopardize the life or health of the 
beneficiary. If the MAC agrees that the standard review timeframe would 
put the beneficiary at risk, the MAC will make reasonable efforts to 
communicate a decision within 2 business days of receipt of all 
applicable Medicare-required documentation. As this model is for non-
emergent services only, we expect requests for expedited reviews to be 
extremely rare.
    A provisional affirmative prior authorization decision may affirm a 
specified number of trips within a specific amount of time. The prior 
authorization decision, justified by the beneficiary's condition, may 
affirm up to 40 round trips (which equates to 80 one-way trips) per 
prior authorization request in a 60-day period. Alternatively, a 
provisional affirmative decision may affirm less than 40 round trips in 
a 60-day period, or may affirm a request that seeks to provide a 
specified number of transports (40 round trips or less) in less than a 
60-day period. A provisional affirmative decision can be for all or 
part of the requested number of trips. Transports exceeding 40 round 
trips (or 80 one-way trips) in a 60-day period require an additional 
prior authorization request.
    The following describes examples of various prior authorization 
scenarios:
     Scenario 1: When an ambulance provider/supplier or 
beneficiary submits a prior authorization request to the MAC with 
appropriate documentation and all relevant Medicare coverage and 
documentation requirements are met for the ambulance transport, the MAC 
will send a provisional affirmative prior authorization decision to the 
ambulance provider/supplier and the beneficiary. When the subsequent 
claim is submitted to the MAC by the ambulance provider/supplier, it is 
linked to the prior authorization decision via the claims processing 
system, and the claim will be paid so long as all Medicare coding, 
billing, and coverage requirements are met. However, the claim could be 
denied for technical reasons, such as the claim was a duplicate claim 
or the claim was for a deceased beneficiary. In addition, a claim 
denial could occur because certain documentation, such as the trip 
record, needed in support of the claim cannot be submitted with a prior 
authorization request because it is not available until after the 
service is provided.
     Scenario 2: When an ambulance provider/supplier or 
beneficiary submits a prior authorization request, but all relevant 
Medicare coverage requirements are not met, the MAC will send a non-
affirmative prior authorization decision to the ambulance provider/
supplier and to the beneficiary advising them that Medicare will not 
pay for the service. The provider/supplier or beneficiary may then 
resubmit the request with additional documentation showing that 
Medicare requirements have been met. Alternatively, an ambulance 
provider/supplier could furnish the service and submit a claim with a 
non-affirmative prior authorization tracking number, at which point the 
MAC would deny the claim. The ambulance provider/supplier and the 
beneficiary would then have the Medicare denial for secondary insurance 
purposes and would have the opportunity to submit an appeal of the 
claim denial if they believe Medicare coverage was denied 
inappropriately.
     Scenario 3: When an ambulance provider/supplier or 
beneficiary submits a prior authorization request with incomplete 
documentation, a detailed decision letter will be sent to the ambulance 
provider/supplier and to the beneficiary, with an explanation of what 
information is missing. The ambulance provider/supplier or beneficiary 
can rectify the error(s) and resubmit the

[[Page 62580]]

prior authorization request with appropriate documentation.
     Scenario 4: If an ambulance provider or supplier renders a 
service to a beneficiary and does not request prior authorization by 
the fourth round trip in a 30-day period, and the claim is submitted to 
the MAC for payment, then the claim will be stopped for prepayment 
review and documentation will be requested.
    ++ If the claim is determined to be for services that were not 
medically necessary or for which there was insufficient documentation, 
the claim will be denied, and all current policies and procedures 
regarding liability for payment will apply. The ambulance provider/
supplier or the beneficiary, or both, can appeal the claim denial if 
they believe the denial was inappropriate.
    ++ If the claim is determined to be payable, it will be paid.
    Only one prior authorization request per beneficiary per designated 
time period can be provisionally affirmed. If the initial ambulance 
provider/supplier cannot complete the total number of prior authorized 
transports (for example, the initial ambulance company closes or no 
longer services that area), the initial request is cancelled. In this 
situation, a subsequent prior authorization request may be submitted 
for the same beneficiary and must include the required documentation in 
the submission. If multiple ambulance providers/suppliers are providing 
transports to the beneficiary during the same or overlapping time 
period, the prior authorization decision will only cover the ambulance 
provider/supplier indicated in the provisionally affirmed prior 
authorization request. Any ambulance provider/supplier submitting 
claims for repetitive, scheduled non-emergent ambulance transports for 
which no prior authorization request is submitted by the fourth round 
trip in a 30-day period will be subject to 100 percent prepayment 
medical review of those claims.
    Under the model, we will work to limit any adverse impact on 
beneficiaries and to educate beneficiaries about the process. If a 
prior authorization request is non-affirmed, and the claim is still 
submitted by the ambulance provider/supplier, the claim will be denied, 
but beneficiaries will continue to have all applicable administrative 
appeal rights. We have also recently implemented a process to help find 
alternative resources for beneficiaries who do not meet the 
requirements of the Medicare repetitive scheduled non-emergent 
ambulance transport benefit.
    Additional information is available on the CMS website at http://go.cms.gov/PAAmbulance.

III. Collection of Information Requirements

    Section 1115A(d)(3) of the Act states that chapter 35 of title 44, 
United States Code (the Paperwork Reduction Act of 1995), shall not 
apply to the testing and evaluation of models or expansion of such 
models under this section. Consequently, this document need not be 
reviewed by the Office of Management and Budget under the authority of 
the Paperwork Reduction Act of 1995.

IV. Regulatory Impact Statement

    This document announces a 1-year extension of the Medicare Prior 
Authorization Model for Repetitive Scheduled Non-Emergent Ambulance 
Transport. Therefore, there are no regulatory impact implications 
associated with this notice.

    Authority: Section 1115A of the Act.

    Dated: November 27, 2018.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. 2018-26334 Filed 11-30-18; 11:15 am]
BILLING CODE 4120-01-P



                                 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices                                                 62577

          specified time period                                  specific to treatment of alcohol SUD              FOR FURTHER INFORMATION CONTACT:
        Æ Quantity of use over specified time                    on college campuses                               Emily Novicki, M.A., M.P.H,
          period                                               D SR eligible if inclusion criteria for             (NORACoordinator@cdc.gov), National
        Æ Substance-related problems/                            individual studies consistent with                Institute for Occupational Safety and
          symptom count scales                                   our PICOTS criteria for individual                Health, Centers for Disease Control and
                                                                 studies.                                          Prevention, Mailstop E–20, 1600 Clifton
     ➢ Functional Outcomes
                                                                                                                   Road NE, Atlanta, GA 30329, phone
        Æ School performance and                             Exclusions
                                                                                                                   (404) 498–2581 (not a toll free number).
          educational attainment                               Æ Case-control studies                              SUPPLEMENTARY INFORMATION: On July
        D Attendance                                           Æ Cross-sectional studies                           26, 2018, NIOSH published a request for
        D Grades/academic performance                          Æ Single-arm studies of behavioral                  public review in the Federal Register
        D Graduation rates                                       interventions                                     [83 FR 35485] of the draft version of the
        D Entering higher education                            Æ Conference abstracts letters, and                 National Occupational Research
          (including trade schools)                              other non-peer reviewed reports                   Agenda for Oil and Gas Extraction. The
        Æ Social relationships                                                                                     single comment received expressed
        D Family functioning                                 Timing
                                                                                                                   support.
        D Peer relationships                                 • Any duration of treatment
                                                             • Duration of follow-up of at least a                   Dated: November 29, 2018.
     ➢ Harmful Consequences Associated                                                                             Frank J. Hearl,
                                                                month (but must be longitudinal
     With SUD                                                                                                      Chief of Staff, National Institute for
                                                                with separation in time between
        Æ   Mental health outcomes                              intervention and outcomes)                         Occupational Safety and Health, Centers for
        D   Suicidal ideation and behavior                                                                         Disease Control and Prevention.
        Æ   Physical health outcomes                         Setting                                               [FR Doc. 2018–26315 Filed 12–3–18; 8:45 am]
        •   Mortality                                        • Any setting, including (but not                     BILLING CODE 4163–19–P
        D   All-cause                                            limited to) primary care, school,
        D   Drug-related, including fatal                        outpatient, emergency department,
            overdose                                             in-patient, intensive outpatient,                 DEPARTMENT OF HEALTH AND
        D   Morbidity                                            partial hospitalization, intensive                HUMAN SERVICES
        D   Injuries (non-fatal)                                 inpatient/residential, juvenile
        •   Infections                                           justice                                           Centers for Medicare & Medicaid
        D   HIV                                                Exclude: laboratory-based                           Services
        D   Hepatitis C                                      assessments.                                          [CMS–6063–N4]
        D   Other sexually transmitted
            infections                                       Francis D. Chesley, Jr.,                              Medicare Program; Extension of Prior
        Æ   Legal outcomes                                   Acting Deputy Director.                               Authorization for Repetitive Scheduled
        •   Arrests                                          [FR Doc. 2018–26304 Filed 12–3–18; 8:45 am]           Non-Emergent Ambulance Transports
        •   Drunk or impaired driving                        BILLING CODE 4160–90–P
                                                                                                                   AGENCY: Centers for Medicare &
        •   Contact with juvenile justice system
                                                                                                                   Medicaid Services (CMS), HHS.
     ➢ Adverse Effects of Intervention(s)                    DEPARTMENT OF HEALTH AND                              ACTION: Notice.
     Æ Side effects of pharmacologic                         HUMAN SERVICES
                                                                                                                   SUMMARY:   This notice announces a 1-
         interventions
                                                             Centers for Disease Control and                       year extension of the Medicare Prior
     Æ Loss of privacy/confidentiality
                                                             Prevention                                            Authorization Model for Repetitive
     Æ Stigmatization/discrimination
                                                                                                                   Scheduled Non-Emergent Ambulance
     Æ Iatrogenic effects of group therapy                   [CDC–2018–0065; Docket Number NIOSH–                  Transport. The extension of this model
         due to peer deviance                                317]
                                                                                                                   is applicable to the following states and
     Æ Other reported adverse effects
                                                             Final National Occupational Research                  the District of Columbia: Delaware,
         ascribed to interventions
                                                             Agenda for Oil and Gas Extraction                     Maryland, New Jersey, North Carolina,
     Study Designs and Information Sources                                                                         Pennsylvania, South Carolina, Virginia,
     • Published, peer reviewed articles and                 AGENCY:  National Institute for                       and West Virginia.
         data from clinicaltrials.gov                        Occupational Safety and Health                        DATES: This extension begins on
       Æ Randomized controlled trials                        (NIOSH) of the Centers for Disease                    December 2, 2018 and ends on
         (including cross-over trials)                       Control and Prevention (CDC),                         December 1, 2019.
       D N ≥ 10 participants per study group                 Department of Health and Human                        FOR FURTHER INFORMATION CONTACT:
       Æ Large nonrandomized comparative                     Services (HHS).                                       Angela Gaston, (410) 786–7409.
         studies with longitudinal follow-up                 ACTION: Notice of availability.                       Questions regarding the Medicare Prior
       D N ≥ 100 participants per study                                                                            Authorization Model Extension for
         group                                               SUMMARY:   NIOSH announces the                        Repetitive Scheduled Non-Emergent
       D Must report multiple regression,                    availability of the final National                    Ambulance Transport should be sent to
         other adjustment, matching,                         Occupational Research Agenda for Oil                  AmbulancePA@cms.hhs.gov.
         propensity scoring, or other method                 and Gas Extraction
                                                                                                                   SUPPLEMENTARY INFORMATION:
         to account for confounding.                         DATES: The final document was
       Æ Single arm pharmacologic studies                    published on November 27, 2018 on the                 I. Background
         with at least 200 participants and                  CDC website.                                             Medicare may cover ambulance
         longitudinal follow-up (to identify                 ADDRESSES: The document may be                        services, including air ambulance
         side-effects of medications)                        obtained at the following link: https://              (fixed-wing and rotary-wing) services, if
       Æ We will summarize information                       www.cdc.gov/nora/councils/oilgas/                     the ambulance service is furnished to a
         from existing systematic reviews                    agenda.html                                           beneficiary whose medical condition is


VerDate Sep<11>2014   17:36 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\04DEN1.SGM   04DEN1


     62578                       Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices

     such that other means of transportation                 Increased,’’ 4 the number of basic life               established a process for requesting
     are contraindicated. The beneficiary’s                  support (BLS) non-emergent transports                 prior authorization for repetitive,
     condition must require both the                         for Medicare Fee-For-Service                          scheduled non-emergent ambulance
     ambulance transportation itself and the                 beneficiaries increased by 59 percent                 transport rendered by ambulance
     level of service provided in order for the              from 2004 to 2010. A similar finding                  providers/suppliers garaged in three
     billed service to be considered                         published by the Department of Health                 states (New Jersey, Pennsylvania, and
     medically necessary.                                    and Human Services’ Office of Inspector               South Carolina). These states were
        Non-emergent transportation by                       General in a 2006 study, entitled                     selected as the initial states for the
     ambulance is appropriate if either the—                 ‘‘Medicare Payments for Ambulance                     model because of their high utilization
     (1) beneficiary is bed-confined and it is               Transports,’’ 5 indicated a 20 percent                and improper payment rates for these
     documented that the beneficiary’s                       nationwide improper payment rate for                  services. The model began on December
     condition is such that other methods of                 non-emergent ambulance transport.                     1, 2014, and was originally scheduled to
     transportation are contraindicated; or (2)              Likewise, in June 2013, the Medicare                  end in all three states on December 1,
     beneficiary’s medical condition,                        Payment Advisory Commission                           2017.
     regardless of bed confinement, is such                  published a report 6 that included an                    In the October 23, 2015 Federal
     that transportation by ambulance is                     analysis of non-emergent ambulance                    Register (80 FR 64418), we published a
     medically required. Thus, bed                           transports to dialysis facilities and                 notice titled ‘‘Medicare Program;
     confinement is not the sole criterion in                found that, during the 5-year period                  Expansion of Prior Authorization of
     determining the medical necessity of                    between 2007 and 2011, the volume of                  Repetitive Scheduled Non-emergent
     non-emergent ambulance transportation;                  transports to and from a dialysis facility            Ambulance Transports,’’ which
     rather, it is one factor that is considered             increased 20 percent, more than twice                 announced the inclusion of six
                                                             the rate of all other ambulance                       additional states (Delaware, the District
     in medical necessity determinations.1
                                                             transports combined.                                  of Columbia, Maryland, North Carolina,
        A repetitive ambulance service is                       Section 1115A of the Social Security               West Virginia, and Virginia) in the
     defined as medically necessary                          Act (the Act) authorizes the Secretary to             Repetitive Scheduled Non-Emergent
     ambulance transportation that is                        test innovative payment and service                   Ambulance Transport Prior
     furnished in 3 or more round trips                      delivery models to reduce program                     Authorization model in accordance with
     during a 10-day period, or at least 1                   expenditures, while preserving or                     section 515(a) of the Medicare Access
     round trip per week for at least 3                      enhancing the quality of care furnished               and CHIP Reauthorization Act of 2015
     weeks.2 Repetitive ambulance services                   to Medicare, Medicaid, and Children’s                 (MACRA) (Pub. L. 114–10). These six
     are often needed by beneficiaries                       Health Insurance Program beneficiaries.               states began participation on January 1,
     receiving dialysis or cancer treatment.                 Section 1115A(d)(1) of the Act                        2016, and the model was originally
        Medicare may cover repetitive,                       authorizes the Secretary to waive such                scheduled to end in all nine model
     scheduled non-emergent transportation                   requirements of Titles XI and XVIII, as               states on December 1, 2017.
     by ambulance if the—(1) medical                         well as sections 1902(a)(1), 1902(a)(13),                In the December 12, 2017 Federal
     necessity requirements described                        1903(m)(2)(A)(iii), and 1934 (other than              Register (82 FR 58400), we published a
     previously are met; and (2) ambulance                   subsections (b)(1)(A) and (c)(5)) of the              notice titled ‘‘Medicare Program;
     provider/supplier, before furnishing the                Act as may be necessary solely for                    Extension of Prior Authorization for
     service to the beneficiary, obtains a                   purposes of carrying out section 1115A                Repetitive Scheduled Non-Emergent
     written order from the beneficiary’s                    of the Act with respect to testing models             Ambulance Transports,’’ which
     attending physician certifying that the                 described in section 1115A(b) of the                  announced a 1-year extension of the
     medical necessity requirements are met                  Act. Consistent with this standard, we                prior authorization model in all states
     (see 42 CFR 410.40(d)(1) and (2)).3                     will continue to waive the same                       through December 1, 2018.
        In addition to the medical necessity                 provisions for the extension of this
                                                                                                                   II. Provisions of the Notice
     requirements, the service must meet all                 model as have been waived for the prior
     other Medicare coverage and payment                     4 years of the model. Additionally, we                   This notice announces that the
     requirements, including requirements                    have determined that the                              Medicare Prior Authorization Model for
     relating to the origin and destination of               implementation of this model does not                 Repetitive Scheduled Non-Emergent
     the transportation, vehicle and staff, and              require the waiver of any fraud and                   Ambulance Transport is again being
     billing and reporting. Additional                       abuse law, including sections 1128A,                  extended in the current model states of
     information about Medicare coverage of                  1128B, and 1877 of the Act. Thus                      Delaware, the District of Columbia,
     ambulance services can be found in 42                   providers and suppliers affected by this              Maryland, New Jersey, North Carolina,
     CFR 410.40, 410.41, and in the Medicare                 model must comply with all applicable                 Pennsylvania, South Carolina, Virginia,
     Benefit Policy Manual (Pub. 100–02),                    fraud and abuse laws.                                 and West Virginia for an additional year
     Chapter 10, at http://www.cms.gov/                         In the November 14, 2014 Federal                   while we continue to evaluate the
     Regulations-and-Guidance/Guidance/                      Register (79 FR 68271), we published a                model and determine if the model meets
     Manuals/downloads/bp102c10.pdf.                         notice entitled ‘‘Medicare Program;                   the statutory requirements for
                                                             Prior Authorization of Repetitive                     nationwide expansion under section
        According to a study published by the                Scheduled Non-emergent Ambulance                      1834(l)(16) of the the Act, as added by
     Government Accountability Office in                     Transports,’’ which announced the                     section 515(b) of MACRA (Pub. L. 114–
     October 2012, entitled ‘‘Costs and                      implementation of a 3-year Medicare                   10). The model is currently scheduled to
     Medicare Margins Varied Widely;                         Prior Authorization model that                        end in all states on December 1, 2019.
     Transports of Beneficiaries Have                                                                              Prior authorization will not be available
                                                               4 Government Accountability Office Cost and
                                                                                                                   for repetitive scheduled non-emergent
       1 42 CFR 410.40(d)(1).                                Medicare Margins Varied Widely; Transports of         ambulance transportation services
       2 Program Memorandum Intermediaries/Carriers,         Beneficiaries Have Increased (October 2012).
     Transmittal AB–03–106.                                    5 Office of Inspector General Medicare Payment
                                                                                                                   furnished after that date.
       3 Per 42 CFR 410.40(d)(2), the physician’s order      for Ambulance Transport (January 2006).                  We will continue to test whether prior
     must be dated no earlier than 60 days before the          6 Medicare Payment Advisory Commission, June        authorization helps reduce
     date the service is furnished.                          2013, pages 167–193.                                  expenditures, while maintaining or


VerDate Sep<11>2014   17:36 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\04DEN1.SGM   04DEN1


                                 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices                                          62579

     improving quality of care, using the                    coverage of a repetitive, scheduled non-              trips) in a 60-day period require an
     established prior authorization process                 emergent ambulance transport. If prior                additional prior authorization request.
     for repetitive, scheduled non-emergent                  authorization has not been requested by                  The following describes examples of
     ambulance transport to reduce                           the fourth round trip in a 30-day period,             various prior authorization scenarios:
     utilization of services that do not                     the subsequent claims will be stopped                    • Scenario 1: When an ambulance
     comply with Medicare policy.                            for prepayment review.                                provider/supplier or beneficiary submits
        We will continue to use this prior                      In order for a prior authorization                 a prior authorization request to the MAC
     authorization process to help ensure                    request to be provisionally affirmed, the             with appropriate documentation and all
     that all relevant clinical or medical                   request for prior authorization must                  relevant Medicare coverage and
     documentation requirements are met                      meet all applicable rules and policies,               documentation requirements are met for
     before services are furnished to                        including any local coverage                          the ambulance transport, the MAC will
     beneficiaries and before claims are                     determination (LCD) requirements for                  send a provisional affirmative prior
     submitted for payment. This prior                       ambulance transport claims. A                         authorization decision to the ambulance
     authorization process further helps to                  provisional affirmation is a preliminary              provider/supplier and the beneficiary.
     ensure that payment complies with                       finding that a future claim submitted to              When the subsequent claim is submitted
     Medicare documentation, coverage,                       Medicare for the service likely meets                 to the MAC by the ambulance provider/
     payment, and coding rules.                              Medicare’s coverage, coding, and                      supplier, it is linked to the prior
        The use of prior authorization does                  payment requirements. After receipt of                authorization decision via the claims
     not create new clinical documentation                   all relevant documentation, the MACs                  processing system, and the claim will be
     requirements. Instead, it requires the                  will make every effort to conduct a                   paid so long as all Medicare coding,
     same information that is already                        review and postmark the notification of               billing, and coverage requirements are
     required to support Medicare payment,                   their decision on a prior authorization               met. However, the claim could be
     just earlier in the process. Prior                      request within 10 business days for an                denied for technical reasons, such as the
     authorization allows providers and                      initial submission. Notification will be              claim was a duplicate claim or the claim
     suppliers to address coverage issues                    provided to the ambulance provider/                   was for a deceased beneficiary. In
     prior to furnishing services.                           supplier and to the beneficiary. If a                 addition, a claim denial could occur
        The prior authorization process under
                                                             subsequent prior authorization request                because certain documentation, such as
     this model will continue to apply in the
                                                             is submitted after a non-affirmative                  the trip record, needed in support of the
     nine states listed previously for the
                                                             decision on an initial prior                          claim cannot be submitted with a prior
     following codes for Medicare payment:
                                                             authorization request, the MACs will                  authorization request because it is not
        • A0426 Ambulance service,
                                                             make every effort to conduct a review                 available until after the service is
     advanced life support, non-emergency
                                                             and postmark the notification of their                provided.
     transport, Level 1 (ALS1).
        • A0428 Ambulance service, BLS,                      decision on the resubmitted request                      • Scenario 2: When an ambulance
     non-emergency transport.                                within 20 business days.                              provider/supplier or beneficiary submits
        While prior authorization is not                        An ambulance provider/supplier or                  a prior authorization request, but all
     needed for the mileage code, A0425, a                   beneficiary may request an expedited                  relevant Medicare coverage
     prior authorization decision for an                     review when the standard timeframe for                requirements are not met, the MAC will
     A0426 or A0428 code will automatically                  making a prior authorization decision                 send a non-affirmative prior
     include the associated mileage code.                    could jeopardize the life or health of the            authorization decision to the ambulance
        We have conducted and will continue                  beneficiary. If the MAC agrees that the               provider/supplier and to the beneficiary
     to conduct outreach and education to                    standard review timeframe would put                   advising them that Medicare will not
     ambulance providers/suppliers, as well                  the beneficiary at risk, the MAC will                 pay for the service. The provider/
     as beneficiaries, through such methods                  make reasonable efforts to communicate                supplier or beneficiary may then
     as updating the operational guide,                      a decision within 2 business days of                  resubmit the request with additional
     frequently asked questions (FAQs) on                    receipt of all applicable Medicare-                   documentation showing that Medicare
     our website, a physician letter                         required documentation. As this model                 requirements have been met.
     explaining the ambulance providers/                     is for non-emergent services only, we                 Alternatively, an ambulance provider/
     suppliers’ need for the proper                          expect requests for expedited reviews to              supplier could furnish the service and
     documentation, and educational events                   be extremely rare.                                    submit a claim with a non-affirmative
     and materials issued by the Medicare                       A provisional affirmative prior                    prior authorization tracking number, at
     Administrative Contractors (MACs). We                   authorization decision may affirm a                   which point the MAC would deny the
     will also continue our recent initiative                specified number of trips within a                    claim. The ambulance provider/supplier
     to help find alternative resources for                  specific amount of time. The prior                    and the beneficiary would then have the
     beneficiaries who do not meet the                       authorization decision, justified by the              Medicare denial for secondary
     requirements of the Medicare repetitive                 beneficiary’s condition, may affirm up                insurance purposes and would have the
     scheduled non-emergent ambulance                        to 40 round trips (which equates to 80                opportunity to submit an appeal of the
     transport benefit. Additional                           one-way trips) per prior authorization                claim denial if they believe Medicare
     information about the implementation                    request in a 60-day period.                           coverage was denied inappropriately.
     of the prior authorization model is                     Alternatively, a provisional affirmative                 • Scenario 3: When an ambulance
     available on the CMS website at http://                 decision may affirm less than 40 round                provider/supplier or beneficiary submits
     go.cms.gov/PAAmbulance.                                 trips in a 60-day period, or may affirm               a prior authorization request with
        Under this model, submitting a prior                 a request that seeks to provide a                     incomplete documentation, a detailed
     authorization request is voluntary.                     specified number of transports (40                    decision letter will be sent to the
     However, an ambulance provider/                         round trips or less) in less than a 60-day            ambulance provider/supplier and to the
     supplier or beneficiary is encouraged to                period. A provisional affirmative                     beneficiary, with an explanation of what
     submit to the MAC a request for prior                   decision can be for all or part of the                information is missing. The ambulance
     authorization along with all relevant                   requested number of trips. Transports                 provider/supplier or beneficiary can
     documentation to support Medicare                       exceeding 40 round trips (or 80 one-way               rectify the error(s) and resubmit the


VerDate Sep<11>2014   17:36 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00020   Fmt 4703   Sfmt 4703   E:\FR\FM\04DEN1.SGM   04DEN1


     62580                       Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices

     prior authorization request with                          Additional information is available on              Furthermore, any interested person may
     appropriate documentation.                              the CMS website at http://go.cms.gov/                 petition FDA for a determination
        • Scenario 4: If an ambulance                        PAAmbulance.                                          regarding whether the applicant for
     provider or supplier renders a service to                                                                     extension acted with due diligence
     a beneficiary and does not request prior                III. Collection of Information
                                                                                                                   during the regulatory review period by
     authorization by the fourth round trip in               Requirements
                                                                                                                   June 3, 2019. See ‘‘Petitions’’ in the
     a 30-day period, and the claim is                          Section 1115A(d)(3) of the Act states              SUPPLEMENTARY INFORMATION section for
     submitted to the MAC for payment, then                  that chapter 35 of title 44, United States            more information.
     the claim will be stopped for                           Code (the Paperwork Reduction Act of                  ADDRESSES: You may submit comments
     prepayment review and documentation                     1995), shall not apply to the testing and             as follows. Please note that late,
     will be requested.                                      evaluation of models or expansion of                  untimely filed comments will not be
        ++ If the claim is determined to be for              such models under this section.                       considered. Electronic comments must
     services that were not medically                        Consequently, this document need not                  be submitted on or before February 4,
     necessary or for which there was                        be reviewed by the Office of                          2019. The https://www.regulations.gov
     insufficient documentation, the claim                   Management and Budget under the                       electronic filing system will accept
     will be denied, and all current policies                authority of the Paperwork Reduction                  comments until 11:59 p.m. Eastern Time
     and procedures regarding liability for                  Act of 1995.                                          at the end of June 3, 2019. Comments
     payment will apply. The ambulance                                                                             received by mail/hand delivery/courier
     provider/supplier or the beneficiary, or                IV. Regulatory Impact Statement
                                                                                                                   (for written/paper submissions) will be
     both, can appeal the claim denial if they                 This document announces a 1-year                    considered timely if they are
     believe the denial was inappropriate.                   extension of the Medicare Prior                       postmarked or the delivery service
        ++ If the claim is determined to be                  Authorization Model for Repetitive                    acceptance receipt is on or before that
     payable, it will be paid.                               Scheduled Non-Emergent Ambulance                      date.
        Only one prior authorization request                 Transport. Therefore, there are no
     per beneficiary per designated time                     regulatory impact implications                        Electronic Submissions
     period can be provisionally affirmed. If                associated with this notice.                            Submit electronic comments in the
     the initial ambulance provider/supplier                                                                       following way:
                                                               Authority: Section 1115A of the Act.
     cannot complete the total number of                                                                             • Federal eRulemaking Portal:
     prior authorized transports (for                          Dated: November 27, 2018.                           https://www.regulations.gov. Follow the
     example, the initial ambulance                          Seema Verma,                                          instructions for submitting comments.
     company closes or no longer services                    Administrator, Centers for Medicare &                 Comments submitted electronically,
     that area), the initial request is                      Medicaid Services.                                    including attachments, to https://
     cancelled. In this situation, a                         [FR Doc. 2018–26334 Filed 11–30–18; 11:15 am]         www.regulations.gov will be posted to
     subsequent prior authorization request                  BILLING CODE 4120–01–P                                the docket unchanged. Because your
     may be submitted for the same                                                                                 comment will be made public, you are
     beneficiary and must include the                                                                              solely responsible for ensuring that your
     required documentation in the                           DEPARTMENT OF HEALTH AND                              comment does not include any
     submission. If multiple ambulance                       HUMAN SERVICES                                        confidential information that you or a
     providers/suppliers are providing                                                                             third party may not wish to be posted,
     transports to the beneficiary during the                Food and Drug Administration                          such as medical information, your or
     same or overlapping time period, the                    [Docket No. FDA–2017–E–2801]                          anyone else’s Social Security number, or
     prior authorization decision will only                                                                        confidential business information, such
     cover the ambulance provider/supplier                   Determination of Regulatory Review                    as a manufacturing process. Please note
     indicated in the provisionally affirmed                 Period for Purposes of Patent                         that if you include your name, contact
     prior authorization request. Any                        Extension; ASPIRE ASSIST                              information, or other information that
     ambulance provider/supplier submitting                                                                        identifies you in the body of your
     claims for repetitive, scheduled non-                   AGENCY:    Food and Drug Administration,
                                                             HHS.                                                  comments, that information will be
     emergent ambulance transports for                                                                             posted on https://www.regulations.gov.
     which no prior authorization request is                 ACTION:   Notice.                                       • If you want to submit a comment
     submitted by the fourth round trip in a                                                                       with confidential information that you
     30-day period will be subject to 100                    SUMMARY:   The Food and Drug
                                                             Administration (FDA or the Agency) has                do not wish to be made available to the
     percent prepayment medical review of                                                                          public, submit the comment as a
     those claims.                                           determined the regulatory review period
                                                             for ASPIRE ASSIST and is publishing                   written/paper submission and in the
        Under the model, we will work to                                                                           manner detailed (see ‘‘Written/Paper
     limit any adverse impact on                             this notice of that determination as
                                                             required by law. FDA has made the                     Submissions’’ and ‘‘Instructions’’).
     beneficiaries and to educate
     beneficiaries about the process. If a prior             determination because of the                          Written/Paper Submissions
     authorization request is non-affirmed,                  submission of an application to the
                                                                                                                     Submit written/paper submissions as
     and the claim is still submitted by the                 Director of the U.S. Patent and
                                                                                                                   follows:
     ambulance provider/supplier, the claim                  Trademark Office (USPTO), Department                    • Mail/Hand delivery/Courier (for
     will be denied, but beneficiaries will                  of Commerce, for the extension of a                   written/paper submissions): Dockets
     continue to have all applicable                         patent which claims that medical                      Management Staff (HFA–305), Food and
     administrative appeal rights. We have                   device.                                               Drug Administration, 5630 Fishers
     also recently implemented a process to                  DATES:  Anyone with knowledge that any                Lane, Rm. 1061, Rockville, MD 20852.
     help find alternative resources for                     of the dates as published (see the                      • For written/paper comments
     beneficiaries who do not meet the                       SUPPLEMENTARY INFORMATION section) are                submitted to the Dockets Management
     requirements of the Medicare repetitive                 incorrect may submit either electronic                Staff, FDA will post your comment, as
     scheduled non-emergent ambulance                        or written comments and ask for a                     well as any attachments, except for
     transport benefit.                                      redetermination by February 4, 2019.                  information submitted, marked and


VerDate Sep<11>2014   17:36 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\04DEN1.SGM   04DEN1



Document Created: 2018-12-04 00:42:57
Document Modified: 2018-12-04 00:42:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis extension begins on December 2, 2018 and ends on December 1, 2019.
ContactAngela Gaston, (410) 786-7409. Questions regarding the Medicare Prior Authorization Model Extension for Repetitive Scheduled Non-Emergent Ambulance Transport should be sent to [email protected]
FR Citation83 FR 62577 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR