Chapter 5101:3-4 Physician Services

5101:3-4-01 Eligible providers of physician services.

(A) Definitions.

(1) “Physician” means an individual currently licensed under state of Ohio law or under another state’s law to practice medicine and surgery or osteopathic medicine and surgery. Interns and residents are explicitly excluded from the definition of “physician” and are covered as a part of hospital services. This exclusion applies whether or not the intern or resident may be authorized to practice as a physician under the laws of the state in which he/she performs services. Residents having a staff or faculty appointment or designated as a “fellow” are also excluded from the definition of physician.

(2) “A physician group practice” means a business enterprise that consists of two or more physicians, or a single physician who is incorporated, enrolled in the medicaid program for the purpose of providing physician services.

A “physician group practice” may include a group legally authorized and organized to engage in the practice of medicine and surgery or osteopathic medicine and surgery through one of the following arrangements:

(a) A corporation formed under division (B) of section 1701.03 of the Revised Code;

(b) A limited liability company formed under Chapter 1705. of the Revised Code;

(d) A nonprofit corporation; or

(e) A professional association formed under Chapter 1785. of the Revised Code with the following limitations:

(i) Medicaid’s definition of a “physician group practice” specifically does not include a professional association that is a combination of professional services as set forth in division (B) of section 1785.01 of the Revised Code that includes a combination of optometrists, chiropractors, psychologists, registered or licensed practical nurses, pharmacists, physical therapists, mechanotherapists, doctors of podiatric medicine and surgery, and doctors of medicine and surgery, or osteopathic medicine and surgery; or

(ii) Medicaid’s definition of “physician group practice” does not include combinations of physicians of medicine and surgery or osteopathic physicians of medicine and surgery with any other professionals specified in division (A) of section 1785.01 of the Revised Code.

(iii) However, for purposes of the medicaid program, “physician group practice” does include a combination of doctors of medicine and surgery and doctors of osteopathic medicine and surgery.

(3) “Provider-based physician” means any physician who is under the fiscal, administrative, and professional control of a hospital, a fee-for-service clinic, a cost-based clinic, a long term care facility, or other medicaid participating provider through an employment, a contractual, or other legally binding arrangement to provide hospital (or provider) services in addition to the professional services he or she provides directly to, or for the benefit of, individual hospital (provider) patients.

(B) Physicians as defined in paragraphs (A)(1) and (A)(2) of this rule are eligible to participate in Ohio’s medicaid program and provide covered physician services upon execution of the standard Ohio medicaid provider agreement.

(C) Physicians licensed under another state’s law to practice medicine and surgery or osteopathic medicine and surgery are eligible to participate in Ohio’s medicaid program and provide covered physician services as long as:

(1) The services are rendered to eligible Ohio recipients in the state in which the provider is licensed to practice; and

(2) The provider of physician services has a currently valid provider agreement with the department.

(D) Eligible providers of physician services also include the following Ohio medicaid providers:

(1) Ambulatory health care centers (clinics) as defined in Chapter 5101:3-13 of the Administrative Code;

(2) Rural health facilities (RHF) as defined in Chapter 5101:3-16 of the Administrative Code;

(3) Outpatient health facilities (OHF) as defined in Chapter 5101:3-29 of the Administrative Code; and

(4) Federally qualified health centers (FQHC) as defined in Chapter 5101:3-28 of the Administrative Code.

(E) Provider-based physician.

(1) A provider-based physician may be reimbursed for services rendered directly to, or for the benefit of, individual patients, if the following requirements are met:

(a) The services are personally furnished for an individual patient by a physician who is enrolled as an Ohio medicaid provider;

(b) The services contribute directly to the diagnosis or treatment of an individual patient;

(d) In the case of anesthesiology, laboratory, or radiology services, the additional requirements in rules 5101:3-4-21 and 5101:3-4-25 of the Administrative Code; and

(e) The portion of the expenses associated with the provision of the service are excluded from the hospital or provider-based cost report.

(2) Services provided by a provider-based physician including teaching; research; administration; supervision of professional or technical personnel; supervision of residents, interns, or fellows; service on provider committees; and other provider-based activities that are of benefit to patients generally are reimbursable only as a hospital (provider) service to the hospital (provider). Payments for these services provided at hospitals are bundled into the hospital inpatient or outpatient facility payment in accordance with Chapter 5101:3-2 of the Administrative Code. Payments for services provided at another provider-based practice are included in the payment made to the employing or contacting provider.

(3) Services provided by provider-based physicians are reimbursable only to the employing or contracting provider.

(F) Nothing in this rule precludes physician group practices as defined by medicaid in paragraph (A)(2) of this rule from employing other practitioners.

Effective: 10/25/2008

R.C. 119.032 review dates: 06/27/2008 and 10/01/2013

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 4/7/77, 10/1/83 (Emer), 12/29/83, 9/1/89, 3/26/01, 9/1/05

5101:3-4-02 Scope of coverage.

(A) Definitions.

(1) “Direct supervision” in the physician’s office, group practice, or clinic setting means that the physician must be present in the office suite throughout the time the non-physician is providing the service and immediately available to provide assistance and direction throughout the time the non-physician is performing services. Direct supervision does not mean the physician must be in the same room while the non-physician is providing services. The availability of the physician by telephone or the presence of the physician somewhere in the institution does not constitute direct supervision.

(2) “General supervision” means that the physician is available, but not necessarily present in the office suite or clinic, to provide those medical services which constitute the practice of medicine and surgery as defined under section 4731.34 of the Revised Code. However, if the physician is not physically present in the office suite he/she must be immediately available to the non-physician for consultation purposes by telephone and within a thirty-mile radius of the office.

(3) “Non-physician” means, for the purposes of this rule, an individual who is not licensed to practice medicine but who is licensed, credentialed, trained, or otherwise qualified and legally allowed to perform designated physician services.

(B) When services are provided by non-physicians, the services rendered must be within the non-physician’s scope of licensure (if licensure is required) or a service for which the non-physician is legally authorized to provide under Ohio law and documented in the patient’s medical records. Services provided by non-physicians may not be the type of services which constitute the practice of medicine and surgery as defined under section 4731.34 of the Revised Code.

(1) The department will reimburse an eligible provider of physician services for covered physician services personally provided by the physician or by a non-physician under the direct supervision of the physician unless otherwise stated in other rules in Chapter 5101:3-4 of the Administrative Code.

(2) Services provided under direct supervision are covered only if the following conditions are met:

(a) The non-physician personnel involved in performing the service must meet the following requirements:

(i) The non-physician must be a part-time, full-time or leased employee of the supervising physician, physician group practice, or of the legal entity that employs the physician or the non-physician must be an independent contractor engaged by the physician through a written agreement; and

(ii) If the nonphysiciannon-physician is a leased employee or independent contractor, the physician or legal entity exercises control over the actions taken by the non-physician personnel with regard to the rendering of medical services to the same extent as the physician would exercise if the leased employee or contractor was an employee of the physician or legal entity.

(b) The service must represent an expense to the physician or legal entity;

(d) The service must be furnished in connection with a covered physician service which was billed to the department. Therefore, the patient must be one who has been seen by the physician; and

(e) There must have been a personal professional service furnished by the physician to initiate the course of treatment on which the service being performed is an incidental part. In addition, there must be subsequent services by the physician of a frequency that reflects his/her continuing participation in the management of the course of treatment.

(D) Services performed under general supervision

(1) Services provided under general supervision are covered only if the following conditions are met:

(a) The non-physician personnel involved in performing the service must meet the following requirements:

(i) The non-physician must be a part-time, full-time or leased employee of the supervising physician, physician group practice, or of the legal entity that employs the physician, or the non-physician must be an independent contractor engaged by the physician through a written agreement; and

(ii) If the non-physician is a leased employee or independent contractor, the physician or legal entity exercises control over the actions taken by the non-physician personnel with regard to the rendering of medical services to the same extent as the physician would exercise if the leased employee or contractor was an employee of the physician or legal entity.

(b) The service must represent an expense to the physician or legal entity.

(2) The department will reimburse an eligible provider of physician services for the following services by non-physicians provided under the general supervision of the physician:

(a) Pregnancy related services as detailed in rule 5101:3-4-10 of the Administrative Code;

(b) Physician services provided by a rural health facility (RHF), federally qualified health center (FQHC) or outpatient health facility (OHF);

(c) Minimal office visits as defined in the “Physicians’ Current Procedural Terminology” (CPT). “CPT” as used in this rule is defined in rule 5101:3-1-19.3 of the Administrative Code;

(d) Pregnancy prevention/contraceptive management visits as defined in rule 5101:3-21-02 of the Administrative Code;

(e) Allergy injections administered by a properly instructed person in accordance with the physician’s prescribed plan of treatment;

(f) Services for the diagnosis and treatment of mental and emotional disorders provided by clinical social workers, and professional clinical counselors in accordance with rule 5101:3-4-29 of the Administrative Code. Services provided by licensed social workers and professional counselors must meet the supervision and documentation provisions specified in rule 5101:3-4-29 of the Administrative Code; and

(g) Physician services provided by public health department clinics, rehabilitation clinics, or family planning clinics.

(E) Physician assistants must provide services in accordance with supervision requirements of rule 5101:3-4-03 and Chapter 4730-1 of the Administrative Code.

(F) Except as provided in paragraph (G) of this rule, the following provisions apply:

(1) Services rendered by non-physicians falling under paragraph (D)(2) of this rule must be provided under general supervision;

(2) Other services not falling under paragraph (D)(2) of this rule provided by non-physicians must be provided under direct supervision as described in paragraph (B) of this rule; and

(3) When services are provided by non-physicians, patients’ records must be reviewed and countersigned by the supervising physician.

(G) Services provided by non-physicians who have their own provider category/type (e.g. clinical psychologists, advanced practice nurses, occupational therapists, and physical therapists) and are employed by or under contract with a physician’s office are not subject to the physician supervision provisions described in this rule. However, a physician’s office may not act simply as a billing agent for a non-physician such as a clinical psychologist. The conditions described in paragraph (D)(1) of this rule must be met in order for the services of a non-physician such as clinical psychologist to be covered as a physician service. The non-physicians listed in this paragraph are restricted to the coverage provisions and limitations for their respective provider type.

(H) Eligible providers of physician services may not be reimbursed for physician services provided in a long-term care facility (LTCF), inpatient hospital, outpatient hospital, or emergency room by non-physicians employed by the hospital or LTCF, even though the physician ordered the services.

Effective: 07/01/2009

R.C. 119.032 review dates: 04/14/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, , 5111.021

Prior Effective Dates: 4/7/77, 12/21/77, 12/30/77, 1/8/79, 2/1/80, 5/19/86, 7/1/87, 4/1/88, 9/1/89, 2/17/91, 4/1/92 (Emer), 7/1/92, 5/2/94 (Emer), 7/1/94, 1/1/01, 1/2/04 (Emer), 4/1/04, 2/16/09

5101:3-4-02.1 "By-report" services.'.

(A) A “by-report service” is any service requiring manual review by the department to determine one or all of the following: if the service is a covered service; the reimbursement rate on an unpriced procedure; or if special conditions or requirements were met.

(B) All covered services or procedures not listed under a specific HCPCS code in appendix DD of rule 5101:3-1-60 of the Administrative Code must be billed under one of the unlisted CPT codes by-report. Additionally, there are specific services or conditions designated in Chapter 5101:3-4 of the Administrative Code as requiring “by-report” billing.

(C) Upon completion of a by-report service, a claim must be submitted to the department along with the information required for payment of that service. A report documenting the services or procedures rendered, specific methodology or treatment programs, and medical history and indications must be provided at a minimum. All attachments submitted with the claim must meet the requirements specified in Chapter 5101:3-1 of the Administrative Code.

(D) Coverage and reimbursement for by-report services will be determined by the department on a case-by-case basis.

R.C. 119.032 review dates: 04/29/2004 and 04/29/2009

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.02

Prior Effective Dates: 4/7/77, 12/21/77, 12/30/77, 1/8/79, 2/1/80, 5/19/86, 7/1/87, 4/1/88, 9/1/89, 1/1/01

5101:3-4-02.2 Site differential payments and place of service.

(A) Site differentials

(1) Based on the site of service, the medicaid maximum payment will vary for the services identified in appendix A to this rule.

(2) This variance in payment shall be referred to as the site differential.

(3) When the services identified in appendix A to this rule are provided in a hospital setting (i.e., inpatient, outpatient or emergency department), the maximum reimbursement will be the lesser of the provider’s billed charge or a percentage of the medicaid maximum as set forth in appendix DD to rule 5101:3-1-60 of the Administrative Code.

(4) The site differential percentages are listed in appendix A to this rule.

(B) Place of service codes

(1) The following place of service codes affect payment and must be entered on the billing invoice:

(a) The place of service code assigned to “office” must be entered when the service is provided in a physician’s office or group practice office and the office is not a part of an outpatient hospital facility. A physician’s office or group practice is considered a part of an outpatient hospital facility if the hospital bills the department on a UB-92 invoice for hospital services provided in conjunction with the physician’s services.

(b) The place of service code assigned to “home” must be entered when the service is rendered to a patient in the patient’s place of residence except when the patient’s place of residence is a long-term care facility.

(c) The place of service code assigned to “hospital” must be entered when the service is provided to an inpatient hospital patient as defined in Chapter 5101:3-2 of the Administrative Code.

(d) The place of service code assigned to “outpatient hospital” must be entered when the service is provided by a physician or a clinic provider and the hospital bills the department on a UB-92 invoice for hospital services provided in conjunction with the physician’s services.

(e) The place of service code assigned to “emergency room” must be entered when the service is provided in a hospital emergency room department whether the physician is an emergency room staff physician or not.

(f) One of the place of service codes assigned to “clinics” must be entered in accordance to the type of clinic when the service is rendered in a facility that meets the department’s definition of a clinic, the facility possesses a provider number designated with the provider type “clinic” and the clinic is not a part of an outpatient hospital facility. A clinic is considered a part of an outpatient hospital facility if the hospital bills the department on a UB-92 invoice for hospital services provided in conjunction with clinic services.

(g) The place of service code assigned to “ambulatory surgery centers” must be entered when the service is provided in an ambulatory surgery center that possesses a provider number designated with the provider type ambulatory surgery center.

(h) One of the place of service codes assigned to long-term care facilities including skilled nursing facilities, nursing facilities, custodial care facilities or intermediate care/mentally retarded facilities must be entered when the service is provided in a long-term care facility.

(i) The appropriate place of service code must be entered when the service is provided in a setting not meeting any of the service locations designated in paragraphs (B)(1)(a) to (B)(1)(h) of this rule and a specific code has been assigned for that location.

(j) The place of service code assigned to “other, unlisted facility” must be entered if a specific place of service code has not been assigned for that location.

(2) Additional place of service codes may be found in the billing instructions at: http://emanuals.odjfs.state.oh.us/emanuals/medicaid)BIN.1001. (05/23/2007).

(C) Except as specified in this rule and elsewhere in Chapter 5101:3-4 of the Administrative Code, the payment for most physician services is the same regardless of the place of service. When the physician payment rate is dependent on the place of service reported, errors in reporting the place of service may result in an overpayment to the provider. 5101:3-4-02.2 2

(1) If a postpayment review of a physician’s records reveals that the physician reported the wrong place of service, the provider will be informed of this error and requested to correctly report the place of service on all claims submitted to the department in the future; and

(2) If the error resulted in an overpayment, the department will recoup the overpayment.

APPENDIX A

CODE DEFINITION PERCENT

99201* OFFICE/OP VISIT, NEW 80%

99202* OFFICE/OP VISIT, NEW 80%

99203* OFFICE/OP VISIT, NEW 80%

99204* OFFICE/OP VISIT, NEW 80%

99205* OFFICE/OP VISIT, NEW 80%

99211* OFFICE/OP VISIT, ESTABLISHED 80%

99212* OFFICE/OP VISIT, ESTABLISHED 80%

99213* OFFICE/OP VISIT, ESTABLISHED 80%

99214* OFFICE/OP VISIT, ESTABLISHED 80%

99215* OFFICE/OP VISIT, ESTABLISHED 80%

99241 OUTPATIENT CONSULT, NEW/ESTABLISHED 80%

99242 OUTPATIENT CONSULT, NEW/ESTABLISHED 80%

99243 OUTPATIENT CONSULT, NEW/ESTABLISHED 80%

99244 OUTPATIENT CONSULT, NEW/ESTABLISHED 80%

99245 OUTPATIENT CONSULT, NEW/ESTABLISHED 80%

90801 PSYCHIATRIC DIAGNOSTIC INTERVIEW 80%

90802 INTERACTIVE PSYCHIATRIC DIAGNOSTIC INTERVIEW 80%

90804 INDIVIDUAL PSYCHOTHERAPY 20 TO 30 MINUTES 80%

90805 WITH MEDICAL EVALUATION AND MANAGEMENT 80%

90806 INDIVIDUAL PSYCHOTHERAPY 45 TO 50 MINUTES 80%

90807 WITH MEDICAL EVALUATION AND MANAGEMENT 80%

90808 INDIVIDUAL PSYCHOTHERAPY 75 TO 80 MINUTES 80%

90809 WITH MEDICAL EVALUATION AND MANAGEMENT 80%

90810 INTERACTIVE PSYCHOTHERAPY 20 TO 30 MINUTES 80%

90811 WITH MEDICAL EVALUATION AND MANAGEMENT 80%

90812 INTERACTIVE PSYCHOTHERAPY 45 TO 50 MINUTES 80%

90813 WITH MEDICAL EVALUATION AND MANAGEMENT 80%

90814 INTERACTIVE PSYCHOTHERAPY 75 TO 80 MINUTES 80%

90815 WITH MEDICAL EVALUATION AND MANAGEMENT 80%

90845 PSYCHOANALYSIS 80%

90846 FAMILY PSYCHOTHERAPY (W/O PATIENT PRESENT) 80%

90847 FAMILY PSYCHOTHERAPY (PATIENT PRESENT) 80%

90849 MULTIPLE-FAMILY GROUP PSYCHOTHERAPY 80%

90853 GROUP PSYCHOTHERAPY 80%

90857 INTERACTIVE GROUP PSYCHOTHERAPY 80%

90862 PHARMACOLOGIC MANAGEMENT 80%

These codes may be used with the TH modifier and will also be reimbursed at 80%.

Effective: 07/01/2008

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 5/25/91, 4/1/92 (Emer), 7/1/92, 5/2/94 (Emer), 7/1/94, 1/1/01, 9/1/05

5101:3-4-03 Physician assistants.

(A) Definitions.

(1) “Supervision,” for the purposes of this rule, is defined in accordance with Chapter 4730-1 of the Administrative Code.

(2) “Physician assistant,” in accordance with Chapter 4730. of the Revised Code, means a skilled person qualified by academic and clinical training to provide services to patients as a physician assistant under the supervision, control, and direction of one or more physicians who are responsible for the physician assistant’s performance.

(3) “Supervising physician,” for the purpose of this rule, means the physician(s) responsible for the physician assistant’s performance, and with whom the physician assistant has a supervision agreement approved by the state medical board of Ohio, in accordance with Chapter 4730-1 of the Administrative Code.

(B) Coverage and limitations.

(1) Services/procedures provided by a physician assistant are covered by medicaid only if:

(a) The services are provided in accordance with Chapter 4730-1 of the Administrative Code;

(b) The services are:

(i) Specified in section 4730.09 of the Revised Code with the exception of the services listed in paragraph (C)(5) of this rule; or

(ii) The services are approved by the state medical board as special services for that physician assistant if the services provided by the physician assistant are beyond the scope of services authorized under division (A) of section 4730.09 of the Revised Code;

(d) The services are covered by the department in accordance with rule 5101:3-1-60 of the Administrative Code and not specifically excluded from coverage in accordance with paragraph (C) of this rule;

(e) The physician assistant is employed by or under contract with a physician, physician group practice, or clinic; and

(f) The physician assistant provides services in compliance with all applicable state laws (each physician assistant and his/her supervising physician(s) is responsible for compliance with applicable state laws).

(2) The department may reimburse a physician, physician group practice, or clinic for physician assistant evaluation and management services commensurate with his/her training, experience, the scope of practice of the physician assistant’s supervising physician, and the physician supervisory plan.

(1) Medicaid payment is made only to the physician, physician group practice, or clinic employing or contracting with the physician assistant who is providing services in accordance with this rule.

(2) Physician assistant services are subject to the site differential payments in all places of service specified in rule 5101:3-4-02.2 of the Administrative Code.

(3) A physician, physician group practice, or fee-for-service clinic must bill for services provided by a physician assistant using the appropriate procedure code with the UD modifier except as provided in paragraph (C)(4) of this rule.

(4) A physician, physician group practice, or fee-for-service clinic must bill for services provided by a physician assistant using the appropriate procedure code without the UD modifier if:

(a) A physician also provided distinct and identifiable services during a visit or encounter; or

(b) The services are the type usually provided by medical personnel below the physician assistant and/or advanced practice nurse level of education (e.g., collection of specimens, immunizations).

(5) The department will reimburse physicians, physician group practices, and fee-for-service clinic for services provided by a physician assistant:

(a) The lesser of the provider’s billed charge or eighty-five per cent of the medicaid maximum for all services billed in accordance with paragraph (C)(3) of this rule; and

(b) The lesser of the provider’s billed charge or one hundred per cent of the medicaid maximum for all services billed in accordance with paragraph (C)(4) of this rule.

(6) A physician, physician group practice, or clinic will not be reimbursed for the following when provided by a physician assistant:

(a) Assistant-at-surgery services;

(b) Visits and/or procedures provided on the same date of service by both a physician assistant and his/her supervising physician, employing physician, employing physician group practice, or employing clinic and billed as separate procedure codes;

(c) Consultations and critical/intensive care services (although physician assistants may provide services that are valuable components of a consultation, ultimately a consultation is the responsibility of a physician); and

(d) Services prohibited in accordance with rule 4730-1-03 of the Administrative Code.

(7) A physician, physician group practice, or clinic may be directly reimbursed for services provided in a nursing facility or intermediate care facility for the mentally retarded by a physician assistant, as described in rule 5101:3-3-19 of the Administrative Code.

(8) Reimbursement for services provided by a hospital-employed physician assistant is available only to hospitals. Reimbursement for services provided by a hospital-employed physician assistant is bundled into the facility payment made to that hospital.

Replaces: 5101:3-4-03

Effective: 02/16/2009

R.C. 119.032 review dates: 02/01/2014

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 9/1/89, 4/1/92 (Emer), 7/1/92, 4/1/93, 11/1/01, 10/1/03

5101:3-4-05 Teaching physician services.

(A) Definitions

(1) “Teaching physician” means a physician (other than a resident) who involves residents in the care of his/her patients.

(2) “Resident” means an individual who participates in an approved graduate medical education (GME) program. The term includes interns and fellows in approved GME programs. A medical student is never considered a resident.

(3) “Teaching setting” means any hospital-based provider setting that receives medicare or medicaid payment for the services of residents under the direct GME payment methodology.

(4) “Student” means an individual who is enrolled in an accredited medical school. A student is never considered to be an intern or a resident.

(5) “Documentation” means notes recorded in the patient’s medical records by a resident or teaching physician.

(6) “Physically present” means that the teaching physician is in the same room (or partitioned or curtained area, if the room is subdivided to accommodate multiple patients) as the patient and/or performs a face-to-face service.

(7) “Critical or key portions” means that part(s) of a service that is/are a critical or key part of the service. For the purpose of this rule, the these terms are used interchangeably. Critical or key portions means the following:

(a) For anesthesia services, it is the part of the service described in paragraph C)(2) of rule 5101:3-4-21 of the Administrative Code;

(b) For procedures, it means the parts of the service described in paragraph (E)(1)(a) to (E)(1)(h) of this rule;

(c) For evaluation and management services, it means the key portion of the service as defined in paragraph (E)(2)(b) of this rule. This definition does not apply to the evaluation and management codes listed in paragraph (E)(3)(b) of this rule; and

(d) If none of the guidelines in this paragraph apply, the teaching physician determines the critical or key portions of the service.

(8) “CPT or codes” as used in this rule is defined in rule 5101:3-1-19.3 of the Administrative Code.

(B) General reimbursement requirements

Payment may be made directly to the teaching physician for services performed in teaching settings only under the following circumstances:

(1) The covered services are personally performed by a physician who is not a resident in a teaching setting; or

(2) The covered services are provided in a teaching setting jointly by a teaching physician and resident or by a resident in the presence of a teaching physician with certain exceptions listed in paragraph (E)(3) of this rule.

(C) A teaching physician may not be directly reimbursed for direct medical and surgical services if the teaching hospital elects to receive payment for direct medical and surgical services on a reasonable cost basis (expensed on the hospital’s cost report).

(D) Documentation

(1) For a teaching physician to be eligible for reimbursement for services, the patient’s medical record must document that the requirements for reimbursement as detailed in this rule were met. Documentation may be dictated and typed, hand written, or computer-generated.

(2) The teaching physician must meet the documentation instructions for evaluation and management (E/M) services stated in section 15016 of the medicare carrier’s manual (11/2002) including, but not limited to the following requirements:

(a) To be eligible for reimbursement for evaluation and management services, the teaching physician must personally document the following, at a minimum:

(i) A teaching physician performed the service or was physically present during the key or critical portion of the service when performed by the resident;

(ii) Documentation by the resident of the participation and presence of the teaching physician is not sufficient to establish the presence and participation of the teaching physician in the service;

(iii) The participation of the teaching physician in the management of the patient; and

(iv) The combined entries in the medical record by the teaching physician and resident together must document the medical necessity of the service.

(b) Documentation must identify:

(i) The service(s) provided;

(ii) Whether the teaching physician was present during the critical or key portions of the service provided by a resident;

(iii) The participation of the teaching physician in providing the service;

(iv) The combined entries in the medical record by the teaching physician and resident together must document the medical necessity of the service.

(v) The date; and

(vi) A legible signature or identity alone.

(c) Any contribution and participation of a student to the performance of a billable service (other than review of systems and/or past family/social history that are not separately billable, but are taken as part of an E/M service) must be performed in the physical presence of a teaching physician or physical presence of a resident in a service meeting the requirement set forth in paragraph (B) of this rule. Students may document services in the medical record. However, the documentation of an E/M service by a student that may be referred to by the teaching physician is limited to documentation related to the review of systems and/or past family/social history. The teaching physician may not refer to a student’s documentation of physical exam findings or medical decision making in his or her personal note. If the medical students documents E/M services, the teaching physician must verify and redocument the history of present illness and peform and redocument the physical exam and medical decision-making activities of the service.

(d) The following are examples of unacceptable documentation because the documentation does not make it possible to determine whether the teaching physician was present, evaluated the patient, and/or had any involvement with the plan of care:

(i) “Agree with above,” followed by legible countersignature or identity;

(ii) “Rounded, Reviewed, Agree,” followed by legible countersignature or identity;

(iii) “Discussed with resident. Agree,” followed by legible countersignature or identity;

(iv) “Seen and agree,” followed by legible countersignature or identity;

(v) “Patient seen and evaluated,” followed by legible countersignature or identity; and

(vi) A legible countersignature or identity alone.

(E) Special situations

Payment will be made for the services of a teaching physician only if the teaching physician is personally present during all critical or key portion(s) of the service.

(1) Procedures

(a) Surgery

The teaching physician must be present during all critical or key portions of the procedure and must be immediately available to provide services during the entire procedure. The teaching physician is not required to be present during the opening and closing of the surgical area. During the periods of the surgery that are not key portions, the teaching physician must be immediately available to return to the procedure. He/she must not be involved in another procedure from which he/she cannot return.

Documentation of the teaching physician’s presence during a surgery, must be documented in the medical record by the physician, resident, or operating room nurse.

In order to bill for two overlapping surgeries, the teaching physician must be present during all critical and key portions of both operations. Therefore, the critical or key portions may not take place at the same time. When all of the critical or key portions of the initial procedure have been completed, the teaching physician may begin to become involved in a second procedure. The teaching physician must personally document in the medical record that he/she was physically present during the critical or key portion(s) of both procedures. The teaching physician may not bill for three or more concurrent surgical procedures. These are classified as a supervisory service to an individual patient and are not payable under the physician fee schedule.

(b) Minor procedures

For procedures that take five minutes or less, the teaching physician must be present for the entire procedure to be considered reimbursable procedures by the department.

To be considered a reimbursable endoscopy procedure, the teaching physician must be present during the entire viewing including the insertion and removal of the device.

(d) Complex or high-risk procedures

For complex or high-risk procedures such as cardiac catheterization, cardiovascular stress tests, radiologic and cardiologic supervision, and interpretation codes, the teaching physician must be physically present with the resident and must supervise the performance of the procedure or he/she must personally perform the procedure.

(e) Maternity services

In order to be considered a reimbursable service the teaching physician must be present for the delivery. The teaching physician must be physically present for the initial prenatal visit. The teaching physician must also be present during any and all prenatal visits during which there are patient complaints requiring more detailed evaluation, abnormal findings, the need for non-routine testing (e.g. non-routine ultrasonography, fetal monitoring, non stress testing, etc.), or for post date equal to or greater than forty-two week gestation.

(f) Time-based codes

For procedure codes determined on the basis of time, the teaching physician must be present for the period of time for which the claim is made. For example, a code that specifically describes a service from twenty to thirty minutes should only be billed if the teaching physician is present for twenty to thirty minutes. Time spent by the resident in the absence of the teaching physician should not be added to time spent by the resident and teaching physician with the patient or time spent by the teaching physician alone with the patient.

(g) Interpretation of diagnostic radiology and other diagnostic tests

The department will reimburse for the interpretation of diagnostic radiology and other diagnostic tests if the interpretation is performed by or reviewed by a teaching physician.

(h) Psychiatry

Time-based psychiatry codes must meet the requirements in paragraph (E) (1) (f) of this rule. A teaching physician may not add time spent by a resident in the absence of the teaching physician to the total amount of time billed for the service. For certain psychiatric services, the presence of the teaching physician may be met by concurrent observation of the service through the use of a one-way mirror or video equipment. Audio-only equipment does not satisfy the physical presences of the teaching physician.

(i) Anesthesia

The department will reimburse for anesthesia services as outlined in 5101:3-4-21 of the Administrative Code for a teaching anesthesiologist involved in an anesthesia procedure with a resident. The teaching physician must document in the medical records that he/she was present during all critical or key portions of the procedure. The teaching physician’s physical presence during only the preoperative or post-operative visits with the patient is not sufficient to receive reimbursement.

(j) Assistants at surgery furnished at teaching hospitals The department will not reimburse for an assistant at surgery in a teaching hospital when a resident qualified to perform the service is available to assist at surgery.

(2) Evaluation and management services

(a) The “documentation guidelines for evaluation and management services” published by the American medical association in the CPT book must be the basis for the selection of the most appropriate level of evaluation and management service.

(b) The teaching physician must be physically present during the medical decision making process.

(c) The teaching physician must personally document his/her presence and participation in the service in the medical records as described in paragraph (D) of this rule.

(d) For evaluation and management services and other services based on time, the teaching physician must be physically present for the entire period of time billed. Time spent by the resident in the absence of the teaching physician is not billable. Examples of codes falling in this category include, but are not limited to, individual psychotherapy codes, critical care services, inpatient neonatal and pediatric critical care services, and evaluation and management codes in which counseling and/or coordination of care is more than fifty per cent of the encounter and time is considered the controlling factor to qualify for that specific code.

(3) Evaluation and management services furnished at primary care centers

(a) The following primary care residency programs qualify for an exception to the teaching physician policies described in paragraph (E)(2) of this rule if the programs attest in writing that they meet all of the conditions in medicare’s teaching physician policy as described in 42 C.F.R. 415.174 (10/1/2005). The primary care centers exercising the primary care exception must maintain records demonstrating that they qualify for the exception. Prior approval by the department is not required. The provider must make available a copy of this attestation to the department upon request.

(i) Family practice;

(ii) General internal medicine;

(iii) Pediatrics;

(iv) Obstetrics/gynecology; and

(v) Geriatric medicine.

(b) Payment may be made for the services of teaching physicians provided by residents without the presence of a teaching physician provided that all of the requirements listed in 42 C.F.R. 415.174 (10/1/05) are met. The following lower and mid-level evaluation and management codes may be billed under this exception when provided at a primary care center:

(i) New patient office or other outpatient codes including 99201 to 99203;

(ii) Established office or other outpatient visit codes including 99211 t 99213;

(iii) New patient preventive medicine visits codes including 99381 to 99384;

(iv) Established patient preventive medicine visits including 99391 to 99394; and

(v) Prenatal services billed with the TH modifier and codes 99201 to 99203 or 99211 to 99213 except for those listed in paragraph (E)(1)(e) of this rule.

(c) The services must be furnished in a primary care center located in a hospital outpatient department or another ambulatory care entity in which the time spent by residents in patient care duties is included in the GME payment made to a teaching hospital or hospital’s fiscal agent.

(d) When a resident is assigned to a physician’s office away from the hospital or primary care center where he/she is assigned or is making home visits, the primary care center exception does not apply and teaching physician services are not billable. In this situation, the physician’s office where the resident is assigned should bill for services provided.

(F) Modifiers

To bill for services provided by a teaching physician that meet all the provisions of this rule, the following modifiers must be used to bill for services:

(1) To bill for services performed in part by a resident under the direction of a teaching physician, use modifier “GC.”

(2) To bill for services performed by a resident without the presence of a teaching physician under the primary care exception rule described in paragraph (D)(E)(3) of this rule, use modifier “GE.”

Effective: 02/12/2006

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02

Prior Effective Dates: 4/7/77, 12/21/77, 12/30/77, 7/1/80, 10/1/87, 9/1/89, 1/1/01, 9/1/05

5101:3-4-06 Physician visits.

(A) Definitions pertaining to physician visits.

(1) “CPT” (current procedural terminology) as used in this rule is defined in rule 5101:3-1-19.3 of the Administrative Code.

(2) A “physician visit” or an “evaluation and management (E & M) service” is a face-to-face encounter by a physician with a patient for the purpose of medically evaluating or managing the patient except for code 99211, which does not require the presence of a physician.

(3) “Outpatient visits” are visits provided to a patient in a physician’s office, a physician’s group practice, a patient’s home (excluding long-term care facilities), hospital emergency room, outpatient hospital, or clinic.

(4) “Inpatient visits” are visits provided to a hospital inpatient as defined in rule 5101:3-2-02 of the Administrative Code or consultation services provided to a patient in a long-term care facility (LTCF).

(5) The following terms are defined in the CPT:

(a) New and established patient;

(b) Concurrent care;

(d) Levels of E & M services;

(e) Presenting problem; and

(f) Intra service, face-to-face and unit/floor time.

(B) Providers must select and bill the appropriate visit (E & M service level) code in accordance with the code definitions and the CPT instructions for selecting a level of E & M service.

Professional services associated with certain diagnostic and therapeutic procedures will be considered a part of (or bundled into) the evaluation and management service (visit) as specified in Chapter 5101:3-4 of the Administrative Code. These specified services may not be billed with an evaluation and management service code.

(1) For the reimbursement of visits provided to a patient in a physician’s office, a physician group practice, a fee-for-service clinic, or an outpatient hospital, the provider must bill the appropriate code listed in the CPT as office or other outpatient services.

(2) For reimbursement of visits provided to a patient in a rural health clinic, an outpatient health facility or a federally qualified health center, the provider must itemize the appropriate code listed under office or other outpatient services in conjunction with the appropriate encounter code for the service and provider type.

(3) After hours care.

(a) The department will compensate providers of physician services for visits provided after regularly scheduled office hours when the services are provided in an office or clinic setting.

(b) Reimbursement for after hours care is in addition to the basic services provided to the patient. For reimbursement, providers should bill the appropriate code listed in appendix DD to rule 5101:3-1-60 of the Administrative Code in addition to the surgical and/or visit codes.

(D) Hospital inpatient services.

(1) For the reimbursement of visits provided to hospital inpatients, the provider must bill the appropriate code listed in the CPT under hospital inpatient services in accordance with the instructions and definitions in the CPT.

(2) Hospital care to newborns should be billed in accordance with paragraph (M) of this rule.

(E) Consultations.

(1) A consultation is a type of service provided by a physician whose opinion or advice regarding the evaluation and/or management of a specific problem is requested by another physician or other appropriate source. The person requesting the consultation must be a health care professional who is eligible to bill the department for physician services. When a teacher, social worker, or other non-physician (excluding an advanced practice nurse) requests a physician to evaluate a patient, these services are not reimbursable as a consultation. The physician consultant may also initiate diagnostic and/or therapeutic services.

(2) The request for a consultation from the attending physician or other appropriate source as defined in paragraph (E)(1) of this rule and the need for consultation must be documented in the patient’s medical record. The consultant’s opinion and any services that were ordered or performed must also be documented in the patient’s medical record and communicated to the requesting physician or other appropriate source.

(3) A consultation initiated by a patient and/or family, and not requested by a physician, may not be billed using the initial or consultation codes but may be billed using the codes for regular office visits, as appropriate.

(4) If a consultant subsequently assumes responsibility for management of a portion or all of the patient’s condition(s), the appropriate evaluation and management services code for the site of service should be reported.

(5) Consultations are subject to the coverage and limitations specified in paragraph (O) of this rule.

(6) Office or other outpatient consultations.

(a) For the reimbursement of consultations provided to patients in an outpatient setting, the provider must bill one of the codes listed in the CPT under office or other outpatient consultation.

(b) When an outpatient consultation code is billed, the provider must submit the required referring physician provider information as specified in the Ohio department of job and family services professional claim billing instructions issued in accordance with rule 5101:3-1-19.3 of the Administrative Code.

(d) If an additional request for an opinion or advice regarding the same or new problem is received from the attending physician and documented in the medical record, the office and other outpatient consultation codes may be billed.

(7) Inpatient consultations.

(a) Physician consultations provided to an hospital inpatient or a resident of an LTCF (in the LTCF setting) must be billed using the codes listed in the CPT under initial inpatient consultations. Only one initial consultation code should be billed by a consultant per admission.

(b) Subsequent consultative visits requested by the patient’s attending physician or subsequent visits required to complete the initial consultation to hospital inpatients or to residents in a LTCF must be billed using the code listed in the CPT for subsequent hospital care or subsequent nursing facility care including services to complete the initial consultation, monitor progress, revise recommendations, or address a new problem.

(c) When an initial inpatient consultation code is billed, the provider must submit the required referring physician provider information as specified in the Ohio department of job and family services professional claim billing instructions issued in accordance with rule 5101:3-1-19.3 of the Administrative Code.

(F) Emergency department services.

(1) An “emergency department” (sometimes referred to as a “hospital emergency room” or “ER”) is defined as an organized, twenty-four-hour, hospital-based facility for the provision of unscheduled episodic services to patients who seek or are in need of immediate medical attention.

(2) Whether or not the provider normally practices in the emergency department setting, evaluation and management services provided in an emergency department must be billed using:

(a) One of the codes listed in the CPT under emergency department services;

(b) The codes for critical care in accordance with paragraph (G) of this rule; and/or

(c) The appropriate surgical procedure codes in accordance with rule 5101:3-4-22 of the Administrative Code and paragraph (F)(3)(b) of this rule.

(3) When ER services are billed using the emergency department E & M codes:

(a) No distinction is made between new and established patients in the emergency department.

(b) Only surgical procedures that are identified with an asterisk in appendix DD to rule 5101:3-1-60 of the Administrative Code may be billed in conjunction with an emergency department services code.

(4) Surgical codes may be billed in lieu of an evaluation and management service (e.g., code 12006).

(G) Critical care services

(1) Critical care includes the care of critically ill patients as defined in the physician’s CPT.

(2) Management of a critically ill patient may be billed using the codes listed in the CPT under critical care services.

(3) Certain services are included in the critical care codes and are not separately reimbursable when the critical care codes are billed. These services are specified in the critical care services section of the CPT.

(4) Critical care begins at the time the physician arrives to begin evaluation and treatment and ends when the physician’s presence is no longer required as defined in the CPT.

(a) The critical care codes may be billed to report the total duration of time, to a maximum of two hours, spent by a physician providing constant attention to a critically ill patient even if the time spent by the physician is not continuous on that day.

(b) Code 99291 must be billed to report the first thirty to seventy-four minutes of critical care provided on a given day and code 99292 must be billed to report each additional thirty minutes as defined by the CPT.

(c) If the total duration of time spent with the patient is less than thirty minutes, the provider must bill the appropriate hospital, emergency department, or other visit code.

(d) Inpatient critical care provided to infants twenty-nine days up through twenty-four months of age must be reported with the inpatient pediatric critical care codes 99471 and 99472. These codes must be billed only once per day per physician per patient. Inpatient critical care services provided to neonates twenty-eight days or less should be billed with the inpatient neonatal critical care codes 99468 and 99469 as long as the neonate qualifies for critical services during the hospital stay. Inpatient care for a critically ill or critically injured child older than two years when admitted to an intensive care unit must be billed with hourly critical care codes 99291 and 99292.

(e) Inpatient critical care provided to neonates who are defined as infants twenty-eight days of age or less at the time of admission to a critical care unit, are reported with the neonate critical care codes listed in the CPT book.

(i) Once the neonate is no longer considered to be critically ill, the continuing intensive (non-critical) low birth weight service codes specified in CPT must be used to bill for services subsequent to the day of admission provided by a physician directing the intensive care of the low birth weight or very low birth weight infant who no longer meets the definition of critically ill for those with present body weight of less than five thousand grams, the appropriate E & M code must be billed. When the present body weight of the infant exceeds five thousand grams bill the appropriate code under subsequent hospital care.

All codes delineated under continuing intensive care services represent subsequent days of care and are reimbursable only once per calendar day per patient. These are considered global codes with the same services bundled as outlined in CPT under “inpatient neonatal and pediatric critical care services.”

(ii) Inpatient neonatal and pediatric critical care codes are global twenty-four hour codes and must be billed on a per day basis. Services for a patient who is not critically ill, but happens to be in a critical care unit must be reported using other appropriate evaluation and management codes.

(iii) Certain procedures are included in the global pediatric and neonate codes and must not be billed separately. These procedures are specified in the neonatal and pediatric critical care section of the CPT.

(iv) The initial neonatal inpatient critical care code 99468 may be billed as appropriate in addition to 99464 or 99465 when the physician is present for the delivery (99464) and newborn resuscitation (99465) is required. Other procedures performed as part of the resuscitation such as endotracheal intubation (31500) should be billed separately if they are performed as a necessary component of the resuscitation and not as a convenience before admission to the neonatal intensive care unit.

(v) Critical care services provided in the outpatient setting, e.g. emergency department or office for neonates and pediatric patients up through twenty-four months of age, should be billed with the critical care codes 99291 to 99292.

(vi) If the same physician provides critical care services for a neonatal or pediatric patient in both the outpatient and inpatient settings on the same day, bill only the appropriate neonatal or pediatric critical care code (99471 to 99469) for all critical care services provided that day.

(5) Surgical procedures may be billed in conjunction with a critical care code only if the procedure is identified by an asterisk in appendix DD to rule 5101:3-1-60 of the Administrative Code and it is not one of the procedures itemized in paragraph (G)(3) of this rule.

(H) Other evaluation and management service- initial intensive hospital care for the management of a neonate, twenty-eight days of age or less.

(1) Initial hospital care for the evaluation and management of a neonate twenty-eight days of age or less requires intensive observation, frequent interventions, and other intensive care services.

(2) Initial hospital care for the evaluation and management of neonates twenty-eight days or less requiring intensive observation, frequent interventions, and other intensive care services are reported under the other evaluation and management services code listed in the CPT book.

(3) Initial hospital care for the evaluation and management of neonates twenty-eight days or less requiring intensive observation, frequent interventions, and other intensive care services is a global twenty-four hour code and must be billed once per admission and on the first day of care.

(4) For the initiation of inpatient hospital care of a normal newborn, or a critically ill neonate, or for initial inpatient hospital care of a neonate not requring intensive observation, frequent interventions, and other intensive care services, bill the codes specified in the CPT.

(5) CPT code 99477 will not be reimbursed when billed on the same date of service with CPT codes 99468 or 99221 through 99223.

(6) Subsequent inpatient hospital intensive care services provided to neonates are reported following CPT guidelines under the subsequent inpatient neonatal critical care code.

(I) Nursing facility services.

(1) A physician may not be directly reimbursed for a LTCF visit if the service provided is the periodic review of a resident’s medical record, plan of care, and/or habilitation plan and a face-to-face encounter with the patient is not provided.

(2) A physician may be reimbursed for a LTCF visit as detailed in rule 5101:3-3-19 of the Administrative Code only if the physician personally performed a physical examination on a LTCF resident and documented the visit in the resident’s medical record. The guidelines listed in the CPT for LTCF codes must be followed.

(3) A physician may also be reimbursed for a LTCF visit provided by a physician assistant (PA) or nurse practitioner under the physician’s employment in accordance with rule 5101:3-3-19 of the Administrative Code.

(4) The department will no longer differentiate payment for LTCF visits based on the number of residents examined.

(a) For the reimbursement of physician visits provided by a physician or nurse practitioner in a LTCF, the provider must bill the appropriate code listed in the CPT under nursing facility services (e.g., 99307). Services provided by a nurse practitioner must be modified by the appropriate modifier as specified in rule 5101:3-8-27 of the Administrative Code.

(b) For the reimbursement of a visit provided by a PA to a patient in a LTCF, the employing physician(s) must bill the appropriate code listed in the CPT under nursing facility services modified as described in the physician assistant rule 5101:3-4-03 of the Administrative Code.

(5) All codes listed under “other nursing facility services” in the CPT are not reimbursable on the same day of service as the nursing facility service codes.

(6) Physician visits provided in the LTCF are subject to the visit limitations defined in paragraph (O) of this rule.

(J) Domiciliary, rest home (e.g., boarding home) or custodial care services.

For visits provided to patients in a facility that provides room, board and other personal assistance services on a long-term basis (e.g., domiciliary, rest home, boarding home), the provider must bill using the visit codes listed in the CPT under domiciliary, rest home, or custodial care services.

(K) Domiciliary, rest home, or home care plan oversight services.

Codes listed in this section of the CPT are not covered by the department. Reimbursement is bundled into the payment of another service.

(L) Home services.

For visits provided to a patient confined to his or her private residence (“homebound patient”), the provider must bill the appropriate code listed in the CPT under home services.

(M) Newborn care.

(1) Predelivery visit to a pediatrician or other primary care physician.

(a) To encourage families to obtain early and continuous well-child and primary sick care for their newborn, the department will cover a predelivery visit to a pediatrician or other primary care provider of physician services. The purpose of this service is to give the mother (or family) the opportunity to select, and establish a patient relationship with, a physician for the care of her (their) newborn.

(b) For reimbursement of this service, the provider must bill the appropriate evaluation and management code.

(2) The newborn care codes should be used for the following:

(a) The initial history and examination of a normal newborn delivered in a hospital or birthing room setting;

(b) Subsequent hospital care provided to a normal newborn on a per day basis;

(c) Initial history and examination of a normal newborn delivered in a setting other than a hospital or birthing room setting; and

(d) Initial history and examination of a high-risk newborn in accordance with paragraph (M)(2) of this rule.

(3) Pediatrician delivery services for high risk newborns and newborn resuscitation services.

A “high-risk newborn” shall be defined as an infant who is delivered by Cesarean or determined, prior to (or after) the immediate delivery, to be at-risk of prematurity or a poor prognosis.

(a) Services of a pediatrician, when requested by the delivering physician, in attendance at a delivery and for the initial stabilization of a high risk newborn or a Cesarean section may be billed using code 99464. This code cannot be used when the billing physician does any of the following while in attendance at the delivery.

(i) Provide care or services to other patients;

(ii) Perform a procedure subject to a surgical package; or

(iii) Proctor another physician.

(b) The newborn resuscitation code may be billed only if resuscitation services are actually provided to the newborn. This service involves the provision of positive pressure ventilation and/or chest compressions in the presence of acute inadequate ventilation and/or cardiac output.

(c) The newborn resuscitation code and the physician attendance codes may be billed with the codes for newborn care, neonatal intensive care and hospitals visits. However, the newborn resuscitation code (99465) and the physician attendance code (99464) are not to be billed together.

(4) Subsequent care of a sick newborn in an inpatient hospital setting must be billed using the subsequent hospital visit codes or the newborn critical care codes in the CPT.

(5) Routine well baby care provided in an outpatient setting should be billed in accordance with Chapter 5101:3-14 of the Administrative Code.

(6) Subsequent care of a sick newborn in an outpatient setting should be billed using the codes for outpatient E & M services.

(N) Initial observation care and observation or inpatient care services (including admission and discharge services).

(1) The department will recognize initial observation care for patients who are treated in an outpatient or emergency room setting and the patient’s condition does not require an inpatient hospital admission but does require a period of medical observation and/or treatment that is greater than or equal to four hours and less then twenty-two hours of care. To bill for initial observation care the provider must bill the appropriate code for initial observation care.

(2) If the patient was in observation care status for a minimum of eight hours, the physician must bill the observation care codes. Otherwise, the physician must bill the admission codes (99218 to 99220).

(3) If patient care results in a hospital admission and the physician who provided the initial observation care continues to be the patient’s attending physician after the admission, the physician must bill the inpatient hospital E & M codes in lieu of the initial observation codes.

(4) If patient care results in a hospital admission on the same date that observation care was initiated and the physician who provided the observation care does not continue to be the patient’s attending physician after the admission (care is transferred to another physician), the physician who provided the observation care may bill for the initial observation services and the new attending physician may bill an inpatient hospital EM code.

(5) If observation care extends over to a second date of service, the code for observation care discharge day management may be billed when the patient is discharged as specified in the “initial observation care” section of CPT. However, when the initial observation care is less than eight hours, the department will not reimburse for the code for discharge day management even if the care extends over to a second day of service.

(6) Observation services provided to a patient who is discharged on the same date must be billed using only the codes specified in the “observation or inpatient care services” section of CPT.

(7) Observation codes may not be utilized for post-operative recovery if the service is considered a global surgical procedure code.

(O) Limitations on physician visits.

(1) Outpatient visits.

(a) Reimbursement will be made for all physician visits provided to a recipient in an outpatient or an LTCF setting during a calendar year up to a total of twenty-four visits.

(b) Physician visits in excess of twenty-four will be paid as the services are billed to the department but will be subject to post-payment review by the department.

(c) The total number of physician visits accrued by a recipient during a calendar year will be calculated by the department and shall be referred to as the year-to-date visit total.

(d) The following codes will be counted as a physician visit and added to the recipient’s year-to-date visit total, unless the codes are billed on an institutional claim form or institutional electronic transaction or the codes are billed with one of the diagnoses listed in paragraph (O)(1)(d)(vi) of this rule:

(i) Codes 99050 to 99051;

(ii) Codes 99304 to 99310, 99315 to 99318, 99324 to 99328, and 99334 to 99337;

(iii) Codes 99241 to 99255 when the service is provided in a setting other than in patient hospital;

(iv) Codes 99201 to 99215;

(v) Codes 99281 to 99285; and

(vi) Codes 99341 to 99350.

The year-to-date visit total will be an accumulative total of visits provided by all providers of physician services, including but not limited to all physicians, clinics, and podiatrists.

(e) The following physician visits shall be exempted from counting towards the recipient’s year-to-date visit total:

(i) All antepartum and postpartum visits as detailed in rule 5101:3-4-08 of the Administrative Code and all pregnancy related services as detailed in rule 5101:3-4-10 of the Administrative Code;

(ii) All well-child or EPSDT (healthchek) visits as detailed in rule 5101:3-14-04 of the Administrative Code;

(iii) All inpatient hospital and critical care visits as defined in this rule;

(iv) Allergen immunotherapy services not billed in conjunction with a code listed in paragraph (O)(1)(d) of this rule;

(v) All other visits or services billed under a code not listed in paragraph (O)(1)(d) of this rule;

(vi) All visits provided for the following diagnoses:

(a) End-stage renal disease;

(b) Chemotherapy or radiation therapy for malignancy;

(c) End-stage lung disease;

(d) Unstable diabetes or diabetes with complications;

(e) Uncontrolled hypertension or hypertension with complications;

(f) Neoplasms and leukemia;

(g) Organ transplants;

(h) Hereditary anemias;

(i) Hemophilia or other congenital disorders of clotting factors;

(j) Acquired hemolytic anemias;

(k) Aplastic anemias;

(l) Deficiency of humoral immunity;

(m) Deficiency of cell-mediated immunity;

(n) Combined immunity deficiency;

(o) Cystic fibrosis;

(p) Malabsorption;

(q) Failure to thrive;

(r) Infant prematurity;

(s) Respiratory distress syndrome and other respiratory conditions of the fetus and newborn; and

(t) Terminal stage of any life-threatening illness.

(vii) For a visit not to count towards the year-to-date visit total, the provider must bill either a code indicating an exempted service was provided or the visit code with the primary or secondary diagnosis code indicating the patient has one of the exempted conditions.

(f) When the department has paid for more than twenty-four unexempted physician visits for a recipient during a calendar year, information from paid claims history will be reviewed by the department to determine whether the recipient should be referred to a primary care alternative and treatment (PACT) program or given the option to voluntarily enroll in a managed care plan (MCP), if the recipient is eligible to enroll.

(i) In addition, the department or its contractual designees may:

(a) Review the medical records of any recipient exceeding twenty-four visits during a calendar year to determine whether the services were medically necessary and appropriate for the recipient’s illness, symptoms or injury; and/or

(b) Conduct an in-depth review of any provider and the provider’s medical records if the provider shows an unusual pattern of providing greater than twenty-four visits to medicaid recipients.

(ii) If the department determines that the physician visits were not medically necessary in accordance with rule 5101:3-1-01 of the Administrative Code, the payment for the visits may be recovered from the provider by the department.

(2) Inpatient hospital visits.

(a) Inpatient hospital visits, excluding critical care visits, shall be limited to one visit per day per patient per provider.

(b) Critical care visits must be billed in accordance with paragraph (G) of this rule.

(3) Visits performed in conjunction with surgical procedures.

(a) Minimum follow-up period.

(i) The minimum surgical follow-up period is defined for each surgical procedure under follow-up days in appendix DD to rule 5101:3-1-60 of the Administrative Code.

(ii) The day of surgery is included in the minimum follow-up period, except when the procedure is identified by an asterisk in appendix DD to rule 5101:3-1-60 of the Administrative Code.

In the 2004 CPT, the starred procedure designation was removed from surgical codes. Therefore the department has removed the asterisk from most surgical procedures. The department will continue the asterisk designation in appendix DD to rule 5101:3-1-60 of the Administrative Code for a limited number of procedures such as venipuncture procedures.

(a) For those procedures where the asterisk was removed, for claims received on and after January 1, 2004 a follow-up visit will no longer be allowed;

(b) For the venipuncture procedures, which are asterisked in rule 5101:3-1-60 of the Administrative Code, a visit on the same day as surgery will be allowed if the provisions in paragraph (O)(3)(c) of this rule are met.

(iii) When more than one procedure is performed on the same day, the follow-up period will be equal to the follow-up period of the surgical procedure with the most follow-up days.

(iv) When another surgical procedure is performed during the follow-up period of a previously performed surgery, the follow-up period will be equal to the follow-up period of the most current surgical procedure or the remaining days left of the follow-up period for the original (or first) surgical procedure, whichever is longer.

(b) Preoperative visits.

(i) Preoperative examinations to evaluate the patient and to determine the necessity of surgery are separately reimbursed when the examination is not performed on the day of surgery.

(ii) All preoperative visits performed by the surgeon after the decision to have surgery is made are included in the global surgical package.

A provider may be reimbursed for a visit on the same day as surgery, only if the procedure is identified by an asterisk in appendix DD to rule 5101:3-1-60 of the Administrative Code and it is customary for the physician to charge a visit for all patients.

(d) Postoperative visits.

(i) Routine postoperative visits.

Reimbursement for all routine postoperative care is included in the physician’s reimbursement for surgical procedures.

(a) The physician may not be separately reimbursed for routine postoperative visits provided during the minimum follow-up period.

(b) The physician may not be separately reimbursed for routine postoperative visits, even if the visits occurred after the minimum follow-up period.

(ii) Nonroutine postoperative visits.

(a) A physician may be reimbursed for visits provided during the minimum surgical follow-up period only if the visit was provided after the day of surgery and the visit was provided for the diagnosis and/or treatment of a symptom illness or condition that was unrelated to the surgical procedure (previously) performed.

(b) Visits provided during the minimum surgical follow-up period must be billed as described in this paragraph.

(i) When the visits described in paragraph (O)(3)(d)(ii)(a) of this rule are provided by a physician who did not perform the surgical procedure, the physician may be reimbursed by billing the code for the visit.

(ii) When the visits described in paragraph (O)(3)(d)(ii)(a) of this rule are provided by the physician who also performed the surgical procedure, the physician may be reimbursed by billing the code for the visit modified by the modifier 24 (unrelated evaluation and management service by the same physician during a postoperative period).

(e) Visits performed in conjunction with surgical procedures are subject to all other visit limitations defined in this rule.

Effective: 03/31/2009

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 4/7/77, 12/21/77, 12/30/77, 7/1/80, 6/3/83, 10/1/83 (Emer), 12/29/83, 1/1/86, 5/9/86, 10/1/87, 6/16/88, 1/13/89 (Emer), 4/13/89, 9/1/89, 5/1/90, 2/17/91, 5/25/91, 4/1/92 (Emer), 7/1/92, 12/31/92 (Emer), 4/1/93, 12/30/93 (Emer), 3/31/94, 12/30/94 (Emer), 3/30/95, 12/29/95 (Emer), 3/21/96, 7/1/96, 12/31/97 (Emer), 3/19/98, 12/31/98 (Emer), 3/31/99, 3/20/00, 3/20/01, 7/1/03, 1/2/04 (Emer), 4/1/04, 12/30/04 (Emer), 3/20/05, 9/1/05, 12/30/05 (Emer), 3/27/06, 12/29/06 (Emer), 3/29/07, 12/31/07 (Emer), 3/30/08, 12/31/08 (Emer)

5101:3-4-06.1 Physician attendance during patient transport.

(A) The following paragraphs apply to patient transports for both pediatric patients twenty-four months of age or less and patients older than twenty-four months of age:

(1) Face-to-face time begins when the physician assumes responsibility of the patient at the referring facility/hospital and ends when the receiving facility/hospital accepts responsibility for the patient’s care. Only the time the physician spends in direct face-to-face contact with the patient during the transport may be billed.

(2) Services provided by other members of the transport team must not be billed by the physician, but must be billed by the transportation company (e.g., ambulance provider).

(3) Routine monitoring evaluations (e.g., heart or respiratory rate, blood pressure, pulse oximetry, and the initiation of mechanical ventilation) are included in the face-to-face time reported in the patient transport codes and will not be paid separately.

(4) The direction of emergency care to transporting staff by a physician located in a hospital/facility by two-way communication is not considered direct face-to-face care and must not be reported using the patient transport codes.

(5) The patient transport services are covered by the department only if the service is personally provided by a physician.

(6) The codes for the initial care of the critically ill or critically injured patient may be billed only once on a given date.

(7) “CPT” as referenced in this rule is defined in rule 5101:3-1-19.3 of the Administrative Code.

(B) The following paragraphs apply to patient transports of pediatric patients:

(1) The procedure codes 99466 and 99467 for pediatric patient transport found in rule 5101:3-1-60 of the Administrative Code are used to report the physical attendance and direct face-to-face time spent by a physician during the inter-agency transport of a critically injured or critically ill pediatric patient twenty-four months of age or less.

(2) These procedure codes are time-based. Pediatric patient transport services involving less than thirty minutes of face-to-face physician care may not be reported using the patient transport codes.

(3) Certain procedures are included in the global critically ill or critically injured pediatric patient transport codes and may not be billed separately. These procedures are specified in the pediatric critical care patient transport section of the CPT.

(1) Critical care codes 99291 and 99292 should be billed when a physician is in attendance during the transport of a critically ill or critically injured patient over twenty-four months of age to or from a facility/hospital.

(2) When billing the critical care codes specified in paragraph (C)(1) of this rule for a patient transport, the provider must use modifier “UB” to indicate that the code is being billed for a patient transport for a critically ill or injured patient over twenty-four months of age. When billing 99292 for a critically ill patient who has had a physician in attendance during the patient transport and then received critical care in the hospital, bill 99292 UB for the time the physician spent in attendance during the transport. Bill code 99292 unmodified for the time spent providing critical care in the hospital.

(3) The policies specified in paragraph (G) of rule 5101:3-4-06 of the Administrative Code apply to patient transports billed with critical care codes, except that there is no maximum time limit for the face-to-face physician time spent during the transport of a critically ill or injured patient over twenty-four months of age.

Effective: 03/31/2009

R.C. 119.032 review dates: 10/01/2013

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 12/31/01 (Emer), 3/29/02, 7/1/03, 10/25/08, 12/31/08 (Emer)

5101:3-4-07 Family planning services.[Rescinded]

Rescinded eff 7-1-09

5101:3-4-08 Covered obstetrical services.

(A) Providers of obstetrical services must bill each antepartum visit, separately. The department does not recognize the codes for “global obstetrical care” which bundle these services under a single procedure code. The department does recognize the code for delivery and postpartum services which may be billed using a single procedure code when the services are provided by the same provider.

(B) The following obstetrical services are covered as detailed below:

(1) Prenatal risk assessment;

(2) All antepartum care including pregnancy related services;

(3) Delivery; and

(4) Postpartum care.

(1) The “Prenatal Risk Assessment (PRA)” form, JFS 03535, is a checklist of medical and social factors which is used as a guideline to determine when a patient is at risk of a preterm birth or poor pregnancy outcome.

(2) The PRA form must be completed on each obstetrical patient during the initial antepartum visit in order to bill for the prenatal at-risk assessment code. A copy of the PRA form should be placed in the patient’s record to serve as documentation that the service was provided.

(3) Providers must submit a copy of the PRA form to the patient’s residential county department of job and family services since the county staff can assist patients obtaining needed services.

(4) When significant risk factors that were not noted on the original PRA form are identified during the course of the pregnancy, providers are encouraged to complete another risk assessment form and to send a copy to the county department of job and family services.

(5) Providers may receive reimbursement for completing the PRA form by billing the code for prenatal risk assessment specified in rule 5101:3-4-10 of the Administrative Code.

(D) Antepartum care

(1) Antepartum visits

(a) The antepartum visit is inclusive of:

(i) Instruction, education and counseling on a variety of topics related to pregnancy, nutrition, baby-care and family;

(ii) Routine urinalysis screening tests (dipstick) to detect the presence of sugar or protein;

(iii) A physical examination which includes recording of weight, blood pressure, and fetal heart tones or similar routine services;

(iv) Coordination of the patient’s medical care including at a minimum a planned hospital delivery, arrangements for medical care and/or consultation (by telephone) in case of an emergency, and referrals to appropriate medical services (i.e., ultrasounds, etc.).

(b) Medical care coordination, education and counseling services provided as part of the antepartum visit should be consistent with those services generally required for all obstetrical patients. When the care coordination and/or counseling and educational services provided to an individual are more extensive than the services routinely provided to obstetrical patients, a provider may be compensated for these services by billing the pregnancy related services detailed in rule 5101:3-4-10 of the Administrative Code.

(c) Antepartum visits must be billed to the department on a per-visit basis using the evaluation and management (office visit) code appropriate for the type of visit documented in the patient’s record. When the antepartum visit is billed, specify a diagnosis to signify pregnancy such as V22 for supervision of normal pregnancy, V23 for supervision of a high-risk pregnancy, or V28 for antenatal screening. Bill the code modified by the “TH” modifier to signify “obstetrical services, prenatal or post-partum”.

(2) Additional services

(a) In addition to the antepartum visit, reimbursement is available for the following services provided during the antepartum and postpartum periods:

(i) Pregnancy related services which are described in rule 5101:3-4-10 of the Administrative Code.

(ii) All obstetrical-related radiology and laboratory procedures (with the exception of urinalysis screening tests) actually performed in the physician’s office;

(iii) All obstetrical diagnostic procedures identified in standard code sets; and

(iv) All covered medical services provided in addition to the antepartum visit.

(b) The services listed in paragraph (D)(2)(a) of this rule may be provided independently on any date of service, or they may occur sequentially on the same date as the antepartum visit or any other covered service.

(E) Delivery and postpartum care.

(1) “Delivery services” include admission to the hospital, the admission history and physical examination, management of uncomplicated labor, vaginal delivery (with or without forceps and/or episiotomy), or Cesarean section delivery.

(2) “Postpartum care” includes hospital and office visits for routine, uncomplicated care following a vaginal or Cesarean section delivery.

(3) Under paragraph (E) of this rule, “same provider” means the rendering provider or any member of the same group practice.

(4) The following codes should be billed:

(a) For delivery and postpartum services provided to patients for which a vaginal or Cesarean delivery after a previous Cesarean delivery (VBAC) was not attempted.

59409 For a vaginal delivery when outpatient postpartum care is provided by another provider or provider group.

59410 For a vaginal delivery when outpatient postpartum care is provided by the same provider or provider group.

59514 For a Cesarean section when outpatient postpartum care is provided by another provider or provider group.

59515 For a Cesarean section when outpatient postpartum care is provided by the same provider or provider group.

(b) For delivery and postpartum services provided on or after January 1, 1996 to patients for which a VBAC was attempted.

59612 For a vaginal delivery only, after previous Cesarean delivery (with or without episiotomy and/or forceps) when outpatient postpartum care is provided by another provider or provider group.

59614 For a vaginal delivery only, after previous Cesarean delivery (with or without episiotomy and/or forceps) when outpatient postpartum care is provided by the same provider or provider group.

59620 Cesarean delivery only, following attempted vaginal delivery after previous Cesarean delivery when outpatient postpartum care is provided by another provider or provider group.

59622 Cesarean delivery only, following attempted vaginal delivery after previous Cesarean delivery when outpatient postpartum care is provided by the same provider or provider group.

59430 For postpartum care only.

(5) For the reimbursement of codes 59410, 59430, 59515, 59614 or 59622, the provider must, at a minimum, render an evaluation and management service four to six weeks post-delivery.

(6) Under the medicaid program, the provision of postpartum care rendered prior to discharge from the inpatient hospital, outpatient hospital or birthing center (i.e. the delivering institution) is considered incidental to the delivery services and/or postpartum service and should not be a factor when selecting the delivery only codes or the delivery codes bundled with the postpartum care services.

(a) For the reimbursement of the delivery only codes the provider or provider group must render, at a minimum, the delivery service;

(b) For reimbursement of the delivery and postpartum care codes, the provider or provider group practice must render, at a minimum, bot the delivery and at least one evaluation and management service four to six weeks post-delivery;

(c) For the reimbursement of the postpartum care only code, the provider or provider group practice must render, at a minimum, at least one evaluation and management service four to six weeks post surgery.

(7) Additional reimbursement will not be recognized for the complexity of the delivery, for multiple births, or for two physicians performing the same vaginal delivery.

(8) Reimbursement is available for inpatient and outpatient evaluation and management services provided for post-delivery complications or services unrelated to the delivery in accordance with paragraph (M)(3) of rule 5101:3-4-06 of the Administrative Code.

(9) Services of an assistant-at-surgery during a Cesarean delivery are covered in accordance with paragraph (G) of rule 5101:3-4-22 of the Administrative Code.

(10) Services of a pediatrician in attendance at a delivery of a high risk newborn or a Cesarean section are covered in accordance with rule 5101:3-4-06 of the Administrative Code.

(11) All pregnancy related services are covered services during the postpartum period with the exception of high-risk patient monitoring and the predelivery visit.

(F) Transportation services for pregnant women to medicaid covered services will be provided by the patient’s residential county department of job and family services, if it is requested by the provider, the recipient or other person acting on the recipient’s behalf.

HISTORY: Eff 4-7-77; 12-21-77; 12-30-77; 1-8-79; 2-1-80; 4-1-88; 9-1-89; 5-1-90; 2-14-92 (Emer.); 5-14-92; 12-30-93 (Emer.); 3-31-94; 3-30-95; 12-29-95 (Emer.); 3-21-96; 5-9-96; 7-1-03

Rule promulgated under: RC 119.03

Rule authorized by: RC 5111.02

Rule amplifies: RC 5111.02

R.C. 119.032 review dates: 10/08/2002 and 07/01/2008

5101:3-4-08.1 Payment for prenatal visits.

(A) Paragraph (D)(1)(c) of rule 5101:3-4-08 of the Administrative Code specifies that providers billing for an antepartum/prenatal visit must bill the code for an evaluation and management office visit to receive reimbursement for a prenatal visit. Providers must choose the office visit code appropriate for the visit documented in the patient’s record and modify the code by the “TH” modifier to signify that the visit was for prenatal services.

(B) When the “TH” modifier is billed with an office visit code, the following reimbursement will be made effective for dates of service on and after July 1, 2008:

Office Visit Type Codes Medicaid Maximum

new patient 99201 to and including 99202 $49.85

new patient 99203 see rule 5101:3-1-60 of the Administrative Code

new patient 99204 see rule 5101:3-1-60 of the Administrative Code

new patient 99205 see rule 5101:3-1-60 of the Administrative Code

established patient 99211 $19.73

established patient 99212 to and including 99213 $49.85

established patient 99214 see rule 5101:3-1-60 of the Administrative Code

established patient 99215 see rule 5101:3-1-60 of the Administrative Code

(C) Providers must follow the instructions for selecting the level of evaluation and management service specified in the “CPT” manual. “CPT” as used in this rule is defined in rule 5101:3-1-19.3 of the Administrative Code.

Effective: 07/01/2008

R.C. 119.032 review dates: 09/25/2007 and 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 10/1/03

5101:3-4-09 Office incentive program.

(A) In order to encourage physicians and clinics to perform certain services and procedures in office or clinic settings instead of hospital settings, the department will make a payment of fifteen dollars, twenty-five dollars, or fifty dollars in addition to the normal payment made for the services or procedures listed in appendix A to this rule. The purpose of the additional payment is to compensate physicians for the additional cost they incur in performing services and procedures in a nonhospital setting.

(B) Providers are only entitled to the additional payment if the services and procedures were provided in the physician’s office, group practice office, or a clinic as described in rule 5101:3-4-02.2 of the Administrative Code. A provider is not entitled to the incentive payment if a hospital billed the department on an UB-92 claim form for hospital services provided in conjunction with the services and procedures performed by the physician or a clinic-based physician.

(C) The amount of the additional payment will be either fifteen, twenty-five, or fifty dollars as specified in appendix A to this rule. If multiple covered surgical procedures are performed on the same patient on the same date of service in the office or clinic setting, the reimbursement shall be as follows:

(1) The surgical procedures will be reimbursed as described in paragraphs (D) and (E) of rule 5101:3-4-22 of the Administrative Code.

(2) The additional payment will be one hundred per cent of the additional amount for the primary procedure, fifty per cent of the additional amount for the secondary procedure, and twenty-five per cent for all subsequent procedures.

(D) The additional payment will be paid for those services and procedures contained in appendix A to this rule and performed in the office or clinic setting.

(E) For the procedures listed in appendix A to this rule the medicaid maximum payment shall be the provider’s billed charge or the rate set forth in appendix DD of rule 5101:3-1-60 of the Administrative Code plus the additional payment set forth in appendix A to this rule, whichever is less.

APPENDIX A

OFFICE AND CLINIC INCENTIVE PROGRAM

The following procedures are approved for additional payment in the office and clinic incentive program.

REIMBURSEMENT FOR ADDITIONAL CPT CODE DESCRIPTION OFFICE COSTS

11200 Romoval of Skin Tags, Multiple Fibrocutaneous Tags, Any Area, up to and Including 15 Lesions $50

11740 Evacuation Subungual Hematoma $15

11975 Insertion Implantable Contraceptive Capsules $50

11976 Removal Without Reinsertion, Implantable Contraceptive Capsules $50

11977 Removal and Reinsertion of Implantable Contraceptive Capsules $50

12001 Simple Repair Of Superficial Wounds Of Scalp, Neck, Axillae, External Genitalia, Trunk And/Or Extremities (Including Hands And Feet); 2.5 CM Or Less $15

12002 Simple Repair Of Superficial Wounds Of Scalp, Neck, Axillae, External Genitalia, Trunk And/Or Extremities (Including Hands And Feet); 2.6 CM To 7.5 CM $15

12004 Simple Repair Of Superficial Wounds Of Scalp, Neck, Axillae, External Genitalia, Trunk And/Or Extremities (Including Hands And Feet); 7.6 CM To 12.5 CM $15

12011 Simple Repair Of Superficial Wounds Of Face, Ears, Eyelids, Nose, Lips And/Or Mucous Membranes; 2.5 CM Or Less $15

12013 Simple Repair Of Superficial Wounds Of Face, Ears, Eyelids, Nose, Lips And/Or Mucous Membranes; 2.6 CM To 5.0 CM $15

12014 Simple Repair Of Superficial Wounds Of Face, Ears, Eyelids, Nose, Lips And/Or Mucous Membranes; 5.1 CM To 7.5 CM $15

12015 Simple Repair Of Superficial Wounds Of Face, Ears, Eyelids, Nose, Lips And/Or Mucous Membranes; 7.6 CM To 12.5 CM $15

12031 Layer Closure Of Wounds Of Scalp, Axillae, Trunk And/Or Extremities (Excluding Hands And Feet); 2.5 CM Or Less $15

12032 Layer Closure Of Wounds Of Scalp, Axillae, Trunk And/Or Extremities (Excluding Hands And Feet); 2.6 CM To 7.5 CM $15

12034 Layer Closure Of Wounds Of Scalp, Axillae, Trunk And/Or Extremities (Excluding Hands And Feet); 7.6 CM To 12.5 CM $15

12041 Layer Closure Of Wounds Of Neck, Hands, Feet And/Or External Genitalia; 2.5 CM Or Less $15

12042 Layer Closure Of Wounds Of Neck, Hands, Feet And/Or External Genitalia; 2.6 CM To 7.5 CM $15

12044 Layer Closure Of Wounds Of Neck, Hands, Feet And/Or External Genitalia; 7.6 CM To 12.5 CM $15

12051 Layer Closure OF Wounds Of Face, Ears, Eyelids, Nose, Lips And/Or Mucous Membranes; 2.5 CM Or Less $15

12052 Layer Closure Of Wounds Of Face, Ears, Eyelids, Nose, Lips And/Or Mucous Membranes; 2.6 CM To 5.0 CM $15

12053 Layer Closure Of Wounds Of Face, Ears, Eyelids, Nose, Lips And/Or Mucous Membranes; 5.1 CM To 7.5 CM $15

12054 Layer Closure Of Wounds Of Face, Ears, Eyelids, Nose, Lips And/Or Mucous Membranes; 7.6 CM To 12.5 CM $15

15850 Removal of Sutures Under Anesthesia (Other Than Local), Same Surgeon $25

15851 Removal of Sutures Under Anesthesia (Other Than Local), Other Surgeon $25

19101 Biopsy of breast $25

19120 Excision of cyst, fibroadenoma or other, benign tumor $25

20200 Biopsy, Muscle; Superficial $25

20205 Biopsy, Muscle; Deep $25

20220 Biospy, bone, trochar or needle, superficial $25

20225 Biopsy, Muscle; Deep (Vertebral Body, Femur) $25

20240 Biopsy, Excisional; Superficial (e.g., Ilium, Sternum, Spinous Process, Ribs, Trochanter Of Femur) $25

20670 Removal of implant; superficial $25

20680 Removal buried wire, nail deep $50

25110 Excision of lesion of tendon sheath $50

25111 Excision Of Ganglion, Wrist (Dorsal Or Volar); Primary $25

25246 Injection Procedure for Wrist Arthography $50

25337 Reconstruction for Stabilization of Unstable Distal Ulna or Distal Radioulnar Joint, Secondary by Soft Tissue Stabilization with or Without Open Reduction of Distal Radioulnar Joint $50

27095 Injection Procedure for Hip Arthography, with Anesthesia $50

28108 Excision or Curretage of Bone Cyst or Benign Tumor, Phalanges of Foot $50

28124 Partial Excision (Craterization, Saucerization, or Diaphysectomy) of Bone (E.g., for Osteomyelitis or Dorsal, Bossing), Phalanax of Toe $50

28126 Resection, Partial or Complete, Phalangeal Base, Single Toe, Each $50

28153 Resection, Head of Phalanx, Toe $50

28230 Tenotomy, Open, Flexor, Foot, Single or Multiple (Separate Procedure) $50

28232 Tenotomy, Open, Flexor; Toe Single (Separate Procedure) $50

28234 Tenotomy, Open, Extensor, Foot or Toe $50

28270 Capsulotomy; Metatarsophalangeal Joint, with or Without Tenorrhaphy, Single, Each Joint (Separate Procedure) $50

28272 Capsulotomy; Interphalangeal Joint, Single, Each Joint (Separate Procedure) $50

27345 Excision synovial cyst $50

28290 Hallux Valgus (Bunion) Correction, With Or Without Sesamoidectomy; Simple Exostectomy (Silver Type Procedure) $25

28292 Hallux Valgus (Bunion) Correction, With Or Without Sesamoidectomy; Keller, McBride Or Mayo Type Procedure $25

28293 Hallux Valgus (Bunion) Correction, With Or Without Sesamoidectomy; Resection Of Joint With Implant $50

28294 Halux Valgus (Bunion) Correction, With Or Without Sesamoidectomy; With Tendon Transplants (Joplin Type Procedure) $50

28296 Hallux Valgus (Bunion) Correction, With Or Without Sesamoidectomy; With Metatarsal Osteotomy (e.g., Mitchell, Chevron, Or Concentric Type Procedures) $50

28297 Hallux Valgus (Bunion) Correction, With Or Without Sesamoidectomy; Lapidus Type Procedure $50

28298 Hallux Valgus (Bunion) Correction, With Or Without Sesamoidectomy; By Phalanx Osteotomy $50

28299 Hallux Valgus (Bunion) Correction, With Or Without Sesamoidectomy; By Other Methods (e.g., Double Osteotomy) $50

29870 Arthroscopy $25

31525 Diagnostic laryngoscopy $50

31622 Bronchoscopy, diagnostic, rigid bronchoscope $50

37609 Ligation Or Biopsy, Temporal Artery $25

38500 Biopsy lymph node $25

40830 Closure of Laceration, Vestibule of Mouth; 2.5 cm or Less $25

43200 Esophagoscopy, rigid or fiberoptic, diagnostic $50

43202 Esophagoscopy, Rigid Or Flexible Fiberoptic (Specify); For Biopsy And/Or Collection Of Specimen By Brushing Or Washing $50

43220 Esophagoscopy, Rigid Or Flexible Fiberoptic (Specify); For Dilation, Direct, Any Method $50

43226 Esophagoscopy, Rigid Or Fle xible Fiberoptic (Specify); For Insertion Of Wire To Guide Dilation $50

43234 Upper Gastrointestinal Endoscopy, Simple Primary Examination (e.g., With Small Diameter Flexible Fiberscope) $50

43235 Upper Gastrointestinal Endoscopy Including Esophagus, Stomach, And Either The Duodenum And/Or Jejunum As Appropriate; Complex Diagnostic $50

43245 Upper Gastrointestinal Endoscopy Including Esophagus, Stomach, And Either The Duodenum And/Or Jejunum As Appropriate; For Dilation Of Gastric Outlet For Obstruction $50

43247 Upper Gastrointestinal Endoscopy Including Esophagus, Stomach, And Either The Duodenum And/Or Jejunum As Appropriate; For Removal Of Foreign Body $50

43251 Upper Gastrointestinal Endoscopy Including Esophagus, Stomach, And Either The Duodenum And/Or Jejunum As Appropriate; For Removal Of Polypoid Lesion(s) $50

45330 With biopsy and/or collection of specimen by brushing or washing $25

45378 Colonscopy, fiberoptic, beyond splenic flexure; diagnostic procedure $25

45380 Colonoscopy, Fiberoptic, Beyond Splenic Flexure; With Biopsy And/Or Collection Of Specimen By Brushing Or Washing $25

45382 Colonoscopy, Fiberoptic, Beyond Splenic Flexure; With Control Of Hemorrhage (e.g., Electrocagulation, Laser Photocagulation) $25

45383 Colonoscopy, Fiberoptic, Beyond Splenic Flexure; With Ablation Of Tumor Or Mucosal Lesion (e.g., Electrocoagulation, Laser Photocoagulation, Hot Biopsy/Fulguration) $25

45385 Colonoscopy, Fiberoptic, Beyond Splenic Flexure; With Removal Of Polypoid Lesion(s) $25

49080 Peritoneocentesis, Abdominal Paracentesis, Or Peritoneal Lavage (Diagnostic Or Therapeutic); Initial $25

50205 Renal Biopsy; by Surgical Exposure of Kidney $50

50394 Injection Procedure for Pyelography (As Nephostogram, Pyelostogram, Antegrade Pyeloureterograms) Through Nephrostomy or Pyelostomy Tube, or Indwelling Ureteral Catheter $50

54161 Circumcision, surgical excision, not newborn $25

55700 Biopsy, Prostate; Needle or Punch, Single or Multiple, Any Approach $50

58560 Hysteroscopy, Surgical; with Division or Resection of Intrauterine Septum (Any Method) $50

58562 Hysteroscopy, Surgical; with Removal of Impacted Foreign Body $50

57520 Biopsy of cervix $25

58120 Dilation and curettage, diagnostic or therapeutic $50

58805 Drainage of Ovarian Cyst(s), Unilateral or Bilateral, (Separate Procedure(s); Abdominal Approach $50

59812 Treatment Of Spontaneous Abortion, Any Trimester, Completed Surgically $50

59820 Treatment Of Missed Abortion, Completed Surgically, First Trimester $50

59821 Treatment Of Missed Abortion, Completed Surgically, Second Trimester $50

62270 Spinal Punchure, Lumbar, Diagnostic $25

69105 Biopsy External Auditory Canal $50

69610 Tympanic Membrane Repair, with or Without Site Preparation or Perforation for Closure, with or Without Patch $50

69205 Removal Foreign Body From External Auditory Canal; With General Anesthesia $50

69420 Myringotomy $25

69421 Myringotomy, Requiring General Anesthesia $50

96440 Chemotherapy Administration Into Plural Cavity, Requiring Thoracentesis $50

96445 Chemotherapy Administration Into Peritoneal Cavity, Requiring Paracentesis $50

96450 Chemotherapy Administration Into CNS (e.g., Intrathecal), Requiring Lumbar Puncture $50

96542 Chemotherapy Injection, Subarachnoid or Intraventricular via Subcutaneous Reservoir, Single or Multiple Agents $25

Effective: 03/30/2008

R.C. 119.032 review dates: 01/08/2009

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 3/20/84, 1/4/88, 9/1/89, 5/1/90, 5/25/91, 4/1/92 (Emer) 7/1/92, 12/31/92 (Emer) 4/1/93, 3/30/95, 3/21/96, 1/1/01, 1/8/04

5101:3-4-10 Pregnancy related services.

(A) “Pregnancy related services” identified in paragraphs (B) to (F) of this rule are optional preventive health services available to all medicaid-eligible women. These services are intended to promote positive birth outcomes by supplementing regular obstetrical care. Services identified in paragraphs (G) and (H) of this rule are covered services for women who need therapeutic intervention to prevent poor birth outcome.

(1) Pregnancy related services may be delivered by physicians, hospitals, clinics, rural health clinics, outpatient health facilities, federally qualified health centers, and advanced practice nurses who are eligible medicaid providers. When provided, these services must be billed in accordance with the specific billing requirements and procedures for the provider type of the rendering provider as specified in Chapter 5101:3 of the Administrative Code.

(2) These services may also be delivered, but not billed directly, by health care professionals (e.g., dietitians, social workers) who are not eligible medicaid providers, if the services provided are within the professional’s scope of practice and the professional is employed by or under contract with an eligible medicaid provider.

(3) Pregnancy related services may be provided in a patient’s home or at the provider’s practice site.

(4) When billing for pregnancy related services listed in this rule with the exception of the predelivery visit to a pediatrician or other primary care provider, follow the billing instructions listed in this paragraph:

(a) Bill the appropriate code(s) specified in this rule with the modifier “TH” to indicate that obstetrical services, prenatal or post-partum, were provided.

(b) Bill the appropriate diagnosis code to indicate that the diagnosis is for antepartum care- either V22, V23, or V28.

(B) Care coordination

(1) A provider may be reimbursed a monthly care coordination fee (once every four weeks) if the provider furnishes all the following services, as appropriate, to the patient:

(a) Performs a social/psycho social assessment identifying factors which may affect the patient’s ability to follow prescribed care and necessary social services.

(b) Develops a written individual care plan which includes a timetable for the delivery of medical services as prescribed by the physician or nurse midwife and any recommended social services.

(d) Reviews the care plan at least once every four weeks and updates the plan to reflect any revisions;

(e) Provides a copy of the care plan to the patient;

(f) Makes necessary referrals for nonmedical services, including but not limited to:

(i) County department of job and family services for needed transportation, casework, or social services (e.g., food, clothing, shelter, etc.);

(ii) Special supplemental food program for women, infants, and children (WIC); and

(iii) Other social service agencies as needed (e.g., child support, children services, mental health, drug and alcohol);

(g) Makes telephone contact or provides a written reminder for the patient prior to all appointments;

(h) Telephones the patient or sends a written notice of any missed appointments and makes arrangements with the patient to reschedule the appointment. Requests assistance from the at-risk pregnancy coordinator at the patient’s residential county department of job and family services when the patient is noncompliant in keeping appointments (e.g., misses back-to-back appointments).

(2) For reimbursement, the provider must bill code H1002. This code may be billed on the initial date of service and once every twenty-eight days thereafter.

(1) Group education classes on a variety of topics relating to pregnancy, birth, childcare, nutrition, family and support systems are covered on a per class basis. (E.g., Lamaze or other childbirth classes would be considered a covered group education service).

(2) Group education may be a single class covering a single topic or multiple topics or it may be a series of classes covering a single topic or multiple topics.

(3) Group education classes must consist of a face-to-face presentation by a medical professional in a group of no more than twelve patients (not including partners/coaches).

(4) For reimbursement, the provider must bill the appropriate code listed in this paragraph to indicate the type of group session attended by the recipient. The unit of service for each session (one or more classes) is limited to one per pregnancy. The following group education sessions for pregnancy session are covered by medicaid effective with services provided on and after the effective date of this rule:

(a) For childbirth preparation/Lamaze classes, non-physician provider, per session, bill S9436.

(b) For childbirth refresher classes, non-physician provider, per session, bill S9437;

(d) For baby parenting classes provided to pregnant women by a non-physician provider, per session, bill S9444; and

(e) For infant safety classes provided to pregnant women by a non-physician provider, per session, bill S9447.

(D) Individual counseling and education

(1) When the counseling and educational services exceed those normally provided during a prenatal visit, focus primarily on the specific needs of the individual, and involve an individual face-to-face encounter of approximately fifteen minutes or more, the provider may be paid for an individual counseling and education service in addition to the antepartum visit.

(2) For reimbursement, the provider must bill code H1003.

(E) Predelivery visit to a pediatrician or other primary care provider

(1) To encourage families to obtain early and continuous well-child and primary care for their newborn, the department covers pre-delivery visits to a pediatrician or other primary care physicians. The purpose of this service is to give the mother (or family) the opportunity to select, and establish a patient-physician relationship with, a physician for the care of her (their) infant.

(2) For reimbursement, the provider must bill the most appropriate evaluation and management (visit) code.

(F) High-risk patient monitoring/antepartum management

(1) A provider may be reimbursed for high-risk patient monitoringnow known as antepartum management provided on a weekly basis to a patient who has been determined by the provider to be at-risk of a preterm birth.

(2) “High-risk patient monitoring”/antepartum management is a service which includes counseling and educational services associated with identifying and reducing the risks of a preterm labor, telephone or face-to-face contact with the patient a minimum of three times a week to identify signs of preterm labor and accessibility of the provider to the patient in the event the patient begins to show signs of preterm labor.

(3) High-risk patient monitoring/antepartum management must be provided by a health care professional who is qualified to identify the signs of preterm labor and is employed by or under contract with an eligible provider of physician services.

(4) For reimbursement, the provider must bill code H1001 for antepartum management.

(G) Nutrition intervention

(1) Basic nutrition education and counseling services are considered a part of routine antepartum care.

(2) “Nutrition intervention” is a service provided to a pregnant or postpartum woman who has a medical need for a therapeutic diet. Nutrition intervention includes the following:

(a) Specialized nutrition counseling and education as it relates to the medically diagnosed problem or high-risk factor;

(b) Development of an individual diet plan, including a therapeutic diet calculation;

(c) Teaching of therapeutic diet or other nutritional modifications of diet, and the provision of sample meal plans and patterns;

(d) Monitoring the results of the nutrition intervention and making any necessary changes in the dietary plan.

(3) Nutrition intervention may be delivered by a physician or a dietitian who is licensed by the state of Ohio or who has equivalent qualifications if practicing outside the state.

(4) Dietitians delivering nutrition intervention may not bill for the service directly but must be under contract with or employed by an eligible medicaid provider.

(5) For reimbursement, the provider must bill code, S9470 for medical nutrition therapy counseling for pregnant women provided by a dietician employed by or under contract with an eligible medicaid provider. For nutrition therapy provided by a physician, bill the appropriate evaluation and management code with diagnosis code V22, V23, or V28. In both cases, the “TH” modifier must be billed to reflect that the nutrition intervention is for prenatal at-risk educational purposes and the appropriate pregnancy diagnosis code must be billed.

(6) For group nutrition classes which are described in paragraph (C) of this rule, bill the code S9452.

(H) Prenatal risk assessment

(1) Providers may receive reimbursement for a prenatal risk assessment if the provisions described in paragraph (C) of rule 5101:3-4-08 of the Administrative Code are met.

(2) To receive reimbursement for a prenatal risk assessment, providers must bill code H1000.

(I) Reimbursement

(1) Payment for pregnancy related services provided by providers of physician services in an office or fee-for-service clinic setting will be the provider’s billed charge or the payment amount listed in appendix DD of rule 5101:3-1-60 of the Administrative Code.

(2) When pregnancy services are provided by the hospital to hospital outpatients, the hospital will be reimbursed the rates listed in appendix F of rule 5101:3-2-21 of the Administrative Code.

HISTORY: Eff 4-1-88; 5-15-89; 2-14-92; 1-1-01; 7-1-03

Rule promulgated under: RC 119.03

Rule authorized by: RC 5111.02

Rule amplifies: RC 5111.01, 5111.02

R.C. 119.032 review dates: 10/08/2002 and 07/01/2008

5101:3-4-11 Diagnostic and therapeutic procedures with professional and technical components.

(A) The procedures identified by the key listed under the column entitled “Prof/Tech” in appendix DD of rule 5101:3-1-60 of the Administrative Code are comprised of professional and technical components. This key specifies the split between the professional and technical component. For example, the indicator K indicates that fifty per cent of the fee amount is for professional services and fifty per cent is paid for technical services.

(B) A provider may be directly reimbursed for the total procedure, if the provider performed both the professional and technical components on a patient in a nonhospital setting. For reimbursement, the provider must bill the appropriate CPT code unmodified.

(C) A provider may be reimbursed for the professional component regardless of the setting. For reimbursement, the provider must bill the department using the appropriate CPT code modified by the modifier 26.

(D) A provider may be reimbursed for the technical component, if the service was provided for a patient in a nonhospital setting. For reimbursement, the provider must bill the appropriate CPT code modified by the modifier TC.

(E) Reimbursement for the procedures identified in accordance with paragraph (A) of this rule shall be the lessor of the provider’s billed charge, or:

(1) For the total procedure, the price listed in appendix DD of rule 5101:3-1-60 of the Administrative Code;

(2) For the professional component, the price listed in appendix DD of rule 5101:3-1-60 of of the Administrative Code, multiplied by the percentage indicated by the the key specified for the professional component;

(3) For the technical component, the price listed in appendix DD of rule 5101:3-1-60 of the Administrative Code, multiplied by the percentage indicated by the key specified for the technical component.

(F) Providers of physician services providing any of the services identified in accordance with paragraph (A) of this rule in an inpatient hospital, outpatient hospital, or emergency room setting may bill only for the professional component (the CPT code modified by the modifier 26).

(1) When the total procedure is provided by a nonhospital provider in a hospital setting, the provider must bill the department for the professional component and the hospital for the technical component.

(2) When the technical procedure is provided by a nonhospital provider in a hospital setting, the provider must bill the hospital for the service.

R.C. 119.032 review dates: 04/29/2004 and 04/29/2009

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.02

Prior Effective Dates: 4/1/92 (emerg.), 7/1/92, 12/31/92 (emerg.), 4/1/93, 12/30/93 (emerg.), 3/31/94, 5/2/94 (emerg.), 7/1/94, 01/01/01

5101:3-4-12 Immunizations.

(A) General information.

(1) Immunizations are usually given in conjunction with a medical service. When an immunization is the only service performed, the lowest level of office visit (evaluation and management code) may be billed in addition to the immunization procedure code without using modifier 25. Immunization procedure codes include the supply of materials and the provision of the vaccine except for vaccinations covered by the federal vaccines for children (VFC) program.

(2) Designated free vaccines.

(a) For dates of service on and after the effective date of this rule, pending the availability of the vaccine, the term “designated free vaccine(s)” shall mean:

(i) All immunizations covered under the VFC program which include the following immunizations for individuals eighteen years or younger:

90633 Hepatitis A, pediatric/adolescent, two dose schedule

90634 Hepatitis A, pediatric/adolescent, three dose schedule

90645 Hib (Hemophilus influenza B), HbOC conjugate

90646 Hib, PRP-D conjugate, for booster only

90647 Hib, PRP-OMP conjugate

90648 Hib, PRP-T conjugate

90649 Human papilloma virus (HPV), types 6, 11, 16, 18, three dose schedule

90655 Influenza, split virus, preservative free, six to thirty-five months of age

90656 Influenza, split virus, preservative free, three years of age and above

90657 Influenza, split virus, six to thirty-five months of age

90658 Influenza, split virus three years of age and above

90660 Influenza, intranasal

90669 Pneumococcal conjugate, polyvalent, children under five years of age

90680 Rotavirus vaccine, pentavalent, three dose schedule

90681 Rotavirus vaccine, live, oral

90696 DTaPIPV (diphtheria, tetanus toxoids, acellular pertussis adsorbed, inactivated poliovirus)

90698 DTaPIPHI (diphtheria, tetanus toxoids, acellular pertussis adsorbed, inactivated poliovirus, hemophilus b conjugate)

90700 DTaP (diphtheria, tetanus, and acellular pertussis) for individuals younger than seven years of age

90702 DT (diphtheria and tetanus toxoids) for individuals younger than seven years of age

90703 Tetanus toxoid adsorbed

90707 MMR (measles, mumps, and rubella), live

90710 Measles, mumps, rubella, and varicella vaccine

90713 Poliovirus, inactivated, (IPV), subcutaneous

90714 Td (Tetanus and diphtheria toxoids) preservative free, for individuals seven years and older

90715 Tetanus, diphtheria toxoids and acellular pertussis, for individuals seven years or older

90716 Varicella (chickenpox), live

90718 Td (Tetanus and diphtheria toxoids) adsorbed, for individuals seven years or older

90721 DTaP-Hib (diphtheria, tetanus toxoids, and acellular pertussis and Hemophilus influenza B)

90723 DtaP-HepB-IPV (diphtheria, tetanus toxoids, acellular pertussis, Hepatitis B, and poliovirus), inactivated

90732 Pneumococcal polysaccharide vaccine, 23- valent two years or older

90733 Meningococcal polysaccharide, two to eighteen years of age

90734 Meningococcal conjugate, serogroups A,C,Y and W-135, eleven to eighteen years of age for intramuscular use

90744 Hepatitis B vaccine; pediatric/adolescent dosage (three dose schedule)

90748 HepB-Hib, Hepatitis B and Hemophilus influenza b vaccine

(ii) MMR boosters provided to twelve year olds (or preteens) who did not receive the recommended MMR booster from the ages of four years through six years.

(b) Providers of medicaid services may obtain the designated free vaccines from the Ohio department of health (ODH) free of charge for the immunization of eligible medicaid recipients. The availability of these vaccines is made possible through an interagency agreement between the department and ODH, and beginning October 1, 1994 through the federal VFC program. Information regarding participation in the designated free vaccine program is detailed in paragraph (D) of this rule.

(3) The term “nondesignated vaccines” shall mean all covered active and passive immunizations not designated as free vaccines in paragraph (A)(2) of this rule that are for individuals nineteen years of age or older.

(4) Under the medicaid program, “provision of the vaccine” or “provided the vaccine” means the provider either received the designated free vaccines from ODH or purchased, from the manufacturers, vaccines that are not designated as free vaccines. The provision of the vaccine is the hospital’s responsibility when immunizations are provided in a hospital setting.

(B) Active immunizations.

(1) The active immunizations specified in paragraphs (B)(1)(a) and (B)(1)(b) of this rule are covered by the department when administered in accordance with the recommendations listed in paragraph (B)(1)(c) of this rule. Additional coverage limitations are specified in paragraphs (B)(2) to (B) (6) of this rule for certain immunizations listed in this paragraph.

(a) All designated free vaccines specified in paragraph (A)(2) of this rule.

(b) All nondesignated vaccines specified in this paragraph for individuals nineteen years of age or older.

90585** BGG, percutaneous

90586** BCG, intravesical

90632 Hepatitis A, adult

90633** Hepatitis A, pediatric/adolescent, two dose schedule

90634** Hepatitis A, pediatric/adolescent, three dose schedule

90636 Hepatitis A and hepatitis B, adult

90645** Hib (Hemophilus influenza B) HbOC conjugate

90646** Hib, (PRP-D conjugate, for booster only

90647** Hib, PRP-OMP conjugate

90648** Hib, PRP-T conjugate

90656 Influenza, split virus, preservative free, three years of age and above

90658 Influenza, split virus, for use in individuals three years of age and above, intramuscular

90660 Influenza, intranasal

90675 Rabies, intramuscular

90676 Rabies, intradermal

90703 Tetanus toxoid adsorbed

90707 Measles, mumps, rubella virus (MMR)

90710** Measles, mumps, rubella, varicella (MMRV)

90714 Td (Tetanus and diphtheria toxoids) preservative free, for individuals seven years and older

90715 Tetanus and diphtheria toxoids (Td), for individuals seven years and older.

90716 Varicella virus vaccine

90718 Td (Tetanus and diphtheria toxoids) adsorbed, for individuals seven years or older

90732 Pneumococcal polysaccharide vaccine, 23-valent, adult or immunosuppressed patient, for individuals two years or older

90733** Meningococcal polysaccharide

90734** Meningococcal conjugate, serogroups A,C,Y and W-135

90735** Encephalitis

90740 Hepatitis B, dialysis or immunosuppressed patient (three dose schedule)

90746 Hepatitis B vaccine, adult (19 nineteen years or older)

90747 Hepatitis B vaccine, dialysis or immunosuppressed patient dosage (four dose schedule)

(c) National immunization recommendations referenced in paragraph (B)(1) of this rule can be found at the following web sites:

(i) Centers for disease control (CDC) immunization recommendations can be found at http://www.cdc.gov/vaccines/ 12/01/06;

(ii) American academy of pediatrics (AAP) immunization recommendations can be found at http://www.cispimmunize.org 01/02/08; and

(iii) Advisory committee on immunization practices (ACIP) recommendations can be found at http://www.immunize.org/acip 01/02/08.

(2) Hepatitis B vaccines (HBV).

(a) Regardless of the formulation, hepatitis B vaccines administered to individuals under the age of nineteen, to include those who require dialysis or are immunosuppressed, are available free from ODH and must be billed using code 90744.

(b) Hepatitis B vaccines administered to individuals nineteen years or older must be billed using code 90746.

(3) Active immunizations identified with an asterisk (*) in paragraph (A)(2)(a) of this rule are available and covered only under special circumstances as determined and approved, on the basis of medical necessity, by the Ohio department of health.

(4) Active immunizations identified with a double asterisk (**) in paragraph (B)(1)(a) of this rule are covered on a case-by-case basis and only if determined by ODJFS as medically necessary.

(5) For dates of service on or after July 25, 2007, the human papilloma virus (HPV) vaccine will be covered for females age nine through eighteen.

(6) Preservative free influenza vaccine

For dates of service on and after September 1, 2005, the department will cover the preservative free influenza vaccine, codes 90655 and 90656, through the federal (VFC) program. The department will reimburse for the administration fee for this vaccine as described in paragraph (G)(2) of this rule.

(1) Immune globulins are covered when it is medically necessary to provide passive immunity to an individual who is immunosuppressed, has an acquired or congenital immunodeficiency, is at risk of Rho(D) isoimmunization, or is in immediate danger of contracting hepatitis B, tetanus, or rabies through direct contamination with blood, saliva or other body fluids, through an open wound, bite, puncture, or mucous membrane. Immune globulins would include nonspecific human serum globulin and specific hyperimmune globulins such as hepatitis B, measles, pertussis, rabies, Rho(D), tetanus, vaccinia, and varicella-zoster.

(2) Use immune globulin codes in the range of 90281 through 90396 for immune globulins administered through the intramuscular or subcutaneous route. Otherwise, use an injection code as listed in appendix DD to rule 5101:3-1-60 of the Administrative Code. The following provisions apply to specific types of immune globulin services effective for services provided on and after January 1, 2003:

(a) For botulinum antitoxin, bill code 90287 if the antitoxin is for non-cosmetic purposes. For intravenous botulism immune globulin, bill the appropriate injection code as listed in appendix DD to rule 5101:3-1-60 of the Administrative Code.

(b) For cytomegalovirus immune globulin, human for intravenous use, bill 90291 per ml in the unit field.

(c) For respiratory syncytial virus immune globulin for intra-muscular use, bill 90378. For respiratory syncytial virus immune globulin for intravenous use, bill the appropriate injection code as listed in appendix DD to rule 5101:3-1-60 of the Administrative Code.

(d) For Rho(D) immune globulin codes 90384 and 90385, bill one vial in the units field for each dose provided. For Rho(D) for intravenous use, bill the appropriate injection code.

(3) Effective January 1, 2003, code 90281 will be covered by the department when billed per ml. Code 90399 will not be recognized by the department when billing immune globulins.

(D) Participation in the free vaccine program for immunizations provided on or after October 1, 1994.

(1) The ODH will be the agency responsible for the enrollment of providers and the purchase, provision and distribution of the free vaccines under the VFC program. Therefore, Ohio medicaid will not be involved in the purchase, the provision, nor the distribution of the free vaccines available for medicaid patients after October 1, 1994.

(2) To receive free vaccines for the immunization of their medicaid patients, medicaid providers must enroll as participants in the federal vaccines for children (VFC) program by completing the federally required forms and submitting them to the ODH.

(E) Ordering.

(1) Providers may order the designated free vaccines listed in paragraph (A)(2) of this rule for all of their medicaid patients (both fee-for-service and managed care plan) directly from ODH by completing a vaccine order form and submitting it to ODH.

(2) Medicaid vaccine orders may be combined and submitted with the provider’s orders for their other federal VFC program-eligible patients (i.e., uninsured, American Indian and native Alaskan patients).

(F) Billing.

(1) Designated free vaccines/ federal VFC program covered vaccines.

Medicaid providers are required:

(a) To bill medicaid for the administration of the designated free vaccines provided to their fee-for-service medicaid patients using the appropriate codes; and

(b) To report to medicaid contracting managed care plans (MCPs), as instructed by those managed care plans, the number of immunizations administered to their MCP-enrolled medicaid patients.

(2) Nondesignated vaccines.

(a) Providers who provided the vaccines identified in paragraph (B)(1)(b) of this rule may be reimbursed the medicaid maximum for each immunization provided. For reimbursement the provider must bill the corresponding code for the immunization.

(b) Nondesignated vaccines identified in paragraph (B)(1)(b) by a double asterisk (**) must be billed by report with the medical indications for coverage.

(G) Reimbursement.

(1) The medicaid maximum for each designated vaccine is not to exceed the medicare maximum for the vaccine. The department will pay the lesser of the provider’s billed charge or the medicaid maximum as described in this paragraph.

(2) The medicaid maximum for each designated free vaccine code is five dollars for dates of services on and after October 1, 1994 through June 30, 2008. Effective for dates of service on and after July 1, 2008 the medicaid maximum is ten dollars. As long as the designated free vaccines are available free through an interagency agreement between the department and ODH and/or the federal VFC program, the provider’s lowest acquisition cost for the designated free vaccines is zero and reimbursement for these vaccines will be limited to the maximum set forth in this paragraph.

(3) Effective for dates of service on and after July 25, 2007, the codes 90633, 90634, 90645, 90646, 90647, 90648, 90656, 90658, 90660, 90703, 90707, 90710, 90714, 90715, 90716, 90718, 90732, 90733, and 90734 for individuals eighteen years or younger will be covered under the federal vaccines for children program and will be reimbursed as described in paragraph (G)(2) of this rule. For adults over eighteen years of age, the codes will be reimbursed at the lesser of the provider’s billed charge or the medicaid maximum as described in paragraph (G)(1) of this rule.

(4) Immunizations are reimbursable as a physician or clinic service only if the immunization was provided in a nonhospital setting.

(5) Immunizations administered in a hospital setting are reimbursable only to a hospital billing on an institutional claim form/transaction.

(6) Reimbursement is not available for the cost of designated free vaccines obtained from a source other than ODH.

(7) Immunizations prescribed for residents of a long-term care facility (LTCF) for subsequent administration by LTCF staff are reimbursable only to a pharmacy participating in the medicaid program.

Effective: 11/13/2008

R.C. 119.032 review dates: 07/01/2011

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 4/1/77, 12/21/77, 12/30/77, 1/8/79, 2/1/80, 9/20/84 (Emer), 12/17/84, 5/19/86, 7/1/87, 4/1/88, 9/1/89, 3/19/92, 12/30/92 (Emer), 4/1/93, 12/30/93 (Emer), 3/31/94, 9/30/94 (Emer), 12/30/94, 12/29/95 (Emer), 3/21/96, 12/31/96 (Emer), 3/22/97, 8/1/97, 12/31/97 (Emer), 3/19/98, 12/31/98 (Emer), 3/31/99, 3/20/00, 12/29/00 (Emer), 3/30/01, 1/1/03, 4/14/03, 1/2/04 (Emer), 4/1/04, 10/1/04, 9/1/05, 12/30/05 (Emer), 3/27/06, 7/15/06, 1/1/07, 7/25/07, 7/1/08

5101:3-4-13 Therapeutic injections (including trigger point injections) and prescribed drugs.

(A) Therapeutic injections or other pharmaceuticals administered during an office visit.

(1) Therapeutic injection services include the provision of the injectable.

(2) A physician may not be reimbursed for injections/drugs provided in an inpatient hospital, an outpatient hospital or a hospital emergency room department setting.

(3) A physician may be reimbursed, in addition to the office visit, for covered injections/drugs provided by and administered in the physician’s office, clinic, in a patient’s home, or in a long-term care facility (LTCF) when the physician purchased the injectable.

(a) Conditions for reimbursement.

(i) Reimbursement will be limited to only those injections/drugs:

(a) That have an FDA approved indication; or,

(b) Considered by accepted standards of medical practice as specific or effective treatment for the particular condition for which they are given.

(ii) Reimbursement will not be made for injections/drugs administered beyond the frequency or duration indicated by accepted standards of medical practice as an appropriate level of care for that condition.

(iii) Reimbursement will not be made for injections/drugs for or associated with noncovered medicaid services, in accordance with rule 5101:3-4-28 of the Administrative Code.

(b) Reimbursement for therapeutic injections or other pharmaceuticals administered during an office visit.

(i) For the reimbursement of therapeutic injections/drugs, bill one of the codes listed in appendix DD to rule 5101:3-1-60 of the Administrative Code. Code numbers for injectable drugs are listed only under the generic drug name.

(ii) If there is a code available for the injectable but not for the correct dosage, to add up to the correct dosage, either bill the code (or codes) repeatedly or enter the appropriate number of units in the unit space on the invoice. The provider must use the fewest number of codes and/or unit values to obtain the correct dosage for the injection administered.

(iii) Epoetin-alfa (EPO) for the treatment of anemia associated with chronic renal failure and for the treatment of anemia not related to chronic renal failure is covered as a physician service when the physician, group practice, or clinic incurs the cost of the drug and the service is provided in a clinic (e.g., renal dialysis) or physician’s office as defined in rule 5101:3-4-02.2 of the Administrative Code.

(a) For EPO administered for the treatment of anemia associated with chronic renal failure providers must bill the appropriate code listed in appendix DD to rule 5101:3-1-60 of the Administrative Code, for each one thousand units of EPO injected in accordance with paragraph (A)(3)(b)(iii)(c) of this rule.

(b) For EPO administered for anemia not associated with chronic renal failure providers must bill the appropriate code listed in appendix DD to rule 5101:3-1-60 of the Administrative Code. One unit must be billed for each one thousand units of EPO.

(c) The unit field on the claim form must indicate one unit for each one thousand units of EPO. When the dosage of EPO does not equal a multiple of one thousand units, the number of units must be rounded down if the excess is between zero and four hundred ninety-nine units or rounded up if the excess is between five hundred and nine hundred ninety-nine units. For example, when four thousand four hundred units are given, four units of service would be billed. When four thousand nine hundred units are given, five units of service would be billed.

(iv) If there is no code available for the generic drug name or the dosage is lower than the code available, use the most appropriate miscellaneous code listed in paragraph (A)(3)(b)(v) of this rule. When billing a code listed in paragraph (A)(3)(b)(v) of this rule the national drug code (NDC) number, name of the drug/injectable, and the dosage must be provided in the remarks column of the billing invoice; all three items must be included in the remarks column for payment determination. The unit field on the claim form must indicate a unit of one. Under no circumstances should more than one miscellaneous code, as listed in paragraph (A)(3)(b)(v) of this rule, be used for the same drug on the same date of service.

(v) The following are miscellaneous codes that should only be used if there is not a specific code available, in accordance with paragraph (A)(3)(b)(iv) of this rule: J3490, J3535, J3590, J7599, J7699, J7799, J8499, J8999, J9999, 96379.

(4) Reimbursement for therapeutic, prophylactic, or diagnostic injections includes codes 96360 and 96361 and those ranging from code 96365 to 96379 will be made only when billed with an injection code (J code) and no other service is rendered by the same provider on that day. Reimbursement is considered bundled into the payment made for an evaluation and management service (visit) or other physician service billed on the same date by the same provider. Codes 96360 and 96361 and those ranging from 96365 to 96379 are not valid for place of service inpatient hospital, outpatient hospital, or emergency room.

(B) Trigger point injections A trigger point injection is one of the many modalities utilized in the management of chronic pain. A trigger point is an area of hyperexcitability where the application of stimulus will provoke pain to a greater degree than in the surrounding area. Injection of a corticosteroid mixed with a local anesthetic or a local anesthetic by itself, directly into the affected body part may alleviate or treat inflammation and pain. The treatment goal should be to treat not just the symptom of pain but also the cause of the pain.

(1) Criteria for reimbursement All of the following coverage criteria must be met before this service can be reimbursed by the department:

(a) The services must be considered medically necessary;

(b) The conditions for reimbursement for therapeutic injections listed in paragraphs (A)(3)(a) to (A)(3)(a)(iii) of this rule must be met;

(d) There must be documentation in the patient’s medical record to confirm that a trigger point injection was provided. The following items must be documented in the patient’s medical record:

(i) A proper evaluation including a patient’s history and physical examination leading to diagnosis of the trigger point;

(ii) Identification of the affected muscle(s);

(iii) Reasons for selecting this therapeutic option;

(iv) The muscles injected and the number of injections;

(v) Frequency of injections required;

(vi) The name of the medication used in the injection;

(vii) For a follow up visit, the results of the initial treatment; and

(viii) Documentation that supports the medical necessity of the service.

(2) Limitations

(a) In accordance with CPT as defined in rule 5101:3-1-19.3 of the Administrative Code, only one unit of service will be reimbursed for codes 20552 and 20553 per patient, per date of service, per provider regardless of the number of sites or regions injected. Units of service are not determined by the number of injections given.

(b) A physician visit for a patient will not be separately reimbursed when trigger point injection procedures and a physician visit are performed on the same date of service in accordance with rule 5101:3-4-06 of the Administrative Code.

(c) Codes 20552 and 20553 are not to be billed collectively for the same patient on the same date of service. In accordance with CPT as defined in rule 5101:3-1-19.3 of the Administrative Code, only one of these codes will be reimbursed per date of service, per provider, per patient.

(d) Trigger point injections should be repeated only if reasonable and medically necessary. For dates of service on or after July 1, 2006, trigger point injections of local anesthetic and/or steroids will be limited to a maximum of eight dates of service per patient per calendar year. Injections exceeding this limit in a calendar year period will be denied.

(1) Scope and extent of coverage.

(a) The scope and extent of reimbursable pharmaceutical services are covered in detail in Chapter 5101:3-9 of the Administrative Code.

(b) Reimbursement may be made for pharmacy products not contained in appendix A to rule 5101:3-9-12 of the Administrative Code if prior-authorized or post-authorized by the department or its designee. Refills, within the limits set forth in Chapter 5101:3-9 of the Administrative Code, may also be approved at the time of the original authorization.

(2) Dispensing physicians.

(a) A physician may be reimbursed for drugs prescribed and dispensed by a physician in the office, clinic or patient’s home for administration in the patient’s home, or an LTCF, if the physician has a “prescribed drugs” category of service (30).

(b) All practitioners, as defined in section 4729.02 of the Revised Code, who are authorized to dispense drugs under Chapter 4729. of the Revised Code, and who have a valid medicaid provider agreement (nonpharmacy), are eligible to apply for and receive a “prescribed drugs” category of service that permits medicaid reimbursement for only the invoice cost of drugs dispensed.

(3) Reimbursement for dispensing self-administered drugs.

(a) Payment to physicians for dispensing self-administered drugs covered under the medicaid program is the lower of the billed charge (invoice cost) or the medicaid maximum allowable.

(b) No payment can be made for a professional dispensing fee, percentage markup, or processing fee.

(d) All claims for prescribed drugs must be billed following the billing instructions for suppliers of pharmacy services described in Chapter 5101: 3-9 of the Administrative Code.

Effective: 07/01/2009

R.C. 119.032 review dates: 04/14/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 4/7/77, 12/30/77, 1/8/79, 2/1/80, 5/19/96, 7/1/87, 4/1/88, 9/1/89, 5/25/91, 12/1/92, 12/31/92 (Emer), 4/1/93, 3/31/94, 12/30/94 (Emer), 3/30/95, 8/1/95, 12/29/95 (Emer), 3/21/96, 12/31/98 (Emer), 3/31/99, 1/1/01, 1/1/03, 1/2/04 (Emer), 4/1/04, 11/15/04, 7/1/06, 12/31/07 (Emer), 3/30/08, 12/31/08 (Emer), 3/31/09

5101:3-4-14 Dialysis.

(A) Routine maintenance dialysis.

(1) All physician professional services associated with the medical management of end-stage renal disease (ESRD) patients receiving maintenance dialysis are paid on a monthly capitation payment (MCP) basis.

(2) The following services may be billed in addition to the MCP:

(a) The declotting of shunts; and

(b) Covered physician services which are unrelated to the patient’s dialysis or renal condition.

(3) To receive the MCP, the physician must bill the department on the last day of the month using the appropriate CPT (as defined in rule 5101:3-1-19.3 of the Administrative Code) code (90951 to 90966).

(a) Several physicians may form a team to provide the monthly continuity of services to a single patient or to a group of ESRD patients, or a physician in independent practice may make arrangements with an associate to provide the services to his/her ESRD patients when he/she is temporarily unavailable. Such arrangements are referred to as joint provision arrangements. Under a joint provision, each physician may cover for the other and the MCP may be billed by and reimbursed to the primary physician. The primary physician must make arrangements to compensate the other physicians involved in the dialysis care of the patient(s).

(b) When the dialysis care of a patient is provided by more than one physician during a calendar month and there is not a joint provision arrangement between the physicians, the physicians who provided the split services during the month must bill the department separately using the appropriate CPT code (90967 to 90970) for each day the physician was responsible for the patient’s care.

(i) More than one monthly capitation payment (codes 90951 to 90966);

(ii) More than thirty-one days of dialysis care (codes 90967 to 90970); or

(iii) Payment for the MCP and daily dialysis care (any combination of codes 90951 to 90970).

(4) If a dialysis patient is admitted to a hospital for no reason other than to receive maintenance dialysis (e.g., there was no space available in the dialysis unit or the patient was scheduled for extended intermittent peritoneal dialysis), reimbursement for the professional services associated with the dialysis is still considered routine maintenance dialysis and is only reimbursable on a MCP basis.

(B) Inpatient dialysis services.

(1) Except as provided for in paragraph (A)(4) of this rule, physicians may be paid on a fee-for-service (procedure code) basis for physician professional services provided to hospital inpatients. To be eligible for reimbursement on a fee-for-service basis, the physician must be present with the patient some time during the dialysis, the patient’s medical records must document that the physician was present, and the dialysis must be performed for one of the following reasons:

(a) For acute renal failure or renal trauma;

(b) As an initial course of dialysis (the “initial course of dialysis” means the first dialysis treatment and all subsequent dialysis treatments performed prior to the patient’s stabilization on dialysis); or

(c) For an ESRD patient who was admitted to the hospital for a condition or illness that is unrelated to the patient’s renal condition and the physician has elected to bill the inpatient dialysis services on a fee-for-service basis. If the physician has elected to bill the inpatient dialysis services on a fee-for-service basis and the physician usually is paid the MCP, the physician may not bill for the MCP (CPT codes 90951 to 90966) that month and must bill using the appropriate CPT code (90967 to 90970) only for the days the patient was not a hospital inpatient.

(2) For reimbursement for inpatient dialysis services on a fee-for-service basis, the provider must bill the appropriate dialysis code from the range of 90935 to and including 90947.

(3) All evaluation and management services related to the patient’s end stage renal disease that are rendered on a day when dialysis is performed and all other patient care services that are rendered during the dialysis procedure are included in the payment for codes 90935 to 90947.

Effective: 03/31/2009

R.C. 119.032 review dates: 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 9/1/89, 5/25/91, 12/1/92, 12/31/92 (Emer), 4/1/93, 12/29/95 (Emer), 3/21/96, 12/31/08 (Emer)

5101:3-4-16 Cardiovascular diagnostic and therapeutic services.

(A) Cardiovascular diagnostic and therapeutic (D & T) services are procedures listed in the 90000 code range of the CPT, and are for the diagnosis and treatment of cardiovascular system disorders. “CPT” (current procedural terminology) as used in this rule is defined in rule 5101:3-1-19.3 of the Administrative Code.

(B) The following (D & T) cardiovascular services are physician professional services and must be billed using the appropriate CPT code unmodified.

(1) Cardiopulmonary resuscitation;

(2) Temporary transcutaneous pacing;

(3) Cardioversion procedures;

(4) Internal or external cardio-assist-method of circulatory assist;

(5) Thrombolysis, by coronary infusion;

(6) Placement of intracoronary stent(s);

(7) Percutaneous balloon procedures;

(8) Atrial septectomy/septostomy;

(9) Coronary atherectomy;

(10) Physician review and interpretation of telephonic or telemetric transmission of electrocardiogram rhythm strip with report;

(11) Insertion and placement of flow directed catheter;

(12) Cardiac catheterization injection procedures when billed in conjunction with certain cardiovascular services;

(13) Intracardiac catheter ablation;

(14) Outpatient cardiac rehabilitation services;

(15) Placement of transesophageal probe;

(16) Transcatheter placement of intracoronary stent, percutaneous;

(17) Percutaneous transluminal pulmonary artery balloon angioplasty;

(18) Transcatheter placement of radiation delivery device for coronary brachytherapy;

(19) Percutaneous transluminal coronary thrombectomy;

(20) Percutaneous transcatheter closure of congenital interatrial or ventricular septal defect; and

(21) Ambulatory blood pressure monitoring, including review and report.

(C) Thrombolysis by intravenous infusion is considered a technical procedure provided by hospitals and may not be billed by a physician.

(D) The following procedures are considered technical procedures and may only be billed by a physician in an office or clinic setting:

(1) Telephonic transmission of post-symptom electrocardiogram rhythm strip(s);

(2) Ambulatory blood pressure monitoring, recording only; and

(3) Ambulatory blood pressure monitoring, scanning analysis with report.

(E) All D & T cardiovascular services that are divided into the professional component, technical component(s) and total service by unique procedure codes must be billed using the CPT code corresponding to the components actually performed by the provider.

(1) The following codes fall in this category:

93000 to 93010

93015 to 93018

93040 to 93042

93224 to 93237

93268 to 93272

93312 to 93314

93720 to 93722

(2) The CPT codes for these services may not be billed with modifiers.

(3) Procedure codes for the total procedure or for technical component of the procedure may not be billed and reimbursed as a physician service or laboratory service when the service is provided in an inpatient hospital, outpatient hospital or hospital emergency room setting.

(a) The technical components for the procedures identified in paragraph (E) of this rule are considered hospital services and may only be reimbursed to the hospital.

(b) When the total procedure is provided by a nonhospital provider in a hospital setting, the provider must bill the department for the professional component and must bill the hospital for the technical component.

(c) When the technical component of the procedure is provided by a nonhospital provider in a hospital setting, the provider must bill the hospital for the service.

(F) All cardiovascular diagnostic and therapeutic procedures identified with values in the column entitled “lab and prof/tech indicator” in appendix DD to rule 5101:3-1-60 of the Administrative Code must be billed and reimbursed in accordance with rule 5101:3-4-11 of the Administrative Code.

(G) All cardiovascular diagnostic and therapeutic procedures, including electrocardiogram interpretations, may be billed with evaluation and management services when an evaluation and management service is appropriate in accordance with rule 5101:3-4-06 of the Administrative Code.

Effective: 10/01/2006

R.C. 119.032 review dates: 06/15/2006 and 10/01/2011

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 9/1/89, 5/1/90, 2/17/91, 4/1/92 (Emer), 7/1/92, 12/30/93 (Emer), 3/31/94, 5/2/94 (Emer), 7/1/94, 12/30/94 (Emer), 3/30/95, 12/31/96 (Emer), 3/22/97, 1/1/01, 12/31/01 (Emer), 3/29/02

5101:3-4-17 Gastroenterology, otorhinolaryngology, endocrinology, neurology, photodynamic therapy and special dermatology services.

(A) Gastroenterology procedures.

(1) Procedure code 91105 is a physician professional service that may be provided in any setting. This procedure code may never be billed with a modifier.

(2) Professional and technical components are recognized for all other gastroenterology procedures in accordance with rule 5101:3-4-11 of the Administrative Code.

(B) Otorhinolaryngologic services.

(1) The following speech and hearing services are professional services:

(a) Otorhinolaryngologic examination under general anesthesia;

(b) Binocular microscopy performed as a separate procedure;

(d) Individual treatment of speech, language, voice, communication, and/or auditory processing disorder, including aural rehabilitation;

(e) Group treatment of speech, language, voice, communication, and/or auditory processing disorder, including aural rehabilitation;

(f) Nasopharyngoscopy performed as a separate procedure;

(g) Nasal function studies;

(h) Facial nerve function studies;

(i) Laryngeal function studies;

(j) Treatment of swallowing dysfunction and/or oral function for feeding.

Procedure codes listed in paragraphs (B)(1)(a) to (B)(1)(j) of this rule may not be reimbursed in addition to an evaluation and management service.

(2) Procedure codes 92613, 92615 and 92617 are bundled into the related surgical procedure and are not covered medicaid services.

(3) Professional and technical components will be recognized for certain otorhinolaryngological procedures in accordance with rule 5101:3-4-11 of the Administrative Code.

(4) Procedure codes 92547, 92551 to 92572, 92575 to 92577, 92579, 92582 to 92584, 92601 to 92604, 92607 to 92612, 92614, 92616, and 92620 to 92633 are considered technical services and covered as physician services only when they are provided in a non-hospital setting.

(a) When audiologic procedures are provided in a hospital setting, the services are considered hospital services, and reimbursement will be made only to the hospital.

(b) Professional services associated with audiologic function tests are included either in the evaluation and management codes or the procedures listed in paragraph (B)(1) of this rule.

(5) Hearing aid examination and selection services are covered as part of the dispensation of the hearing aid in accordance with Chapter 5101:3-10 of the Administrative Code and will not be reimbursed as a separate procedure.

(1) The following neurology and neuromuscular services are professional services and are covered as physician services regardless of the setting.

(a) Insertion of sphenoidal electrodes;

(b) Manual muscle testing performed as a separate procedure;

(d) Tensilon test for myasthenia gravis without electromylographic recording;

(e) Physician review and analysis of comprehensive computer based motion analysis, dynamic plantar pressure measurements, dynamic surface electromyography during walking or other functional activities, and dynamic fine wire electromyography, with written report;

(f) Refilling and maintenance of implanted pump or reservoir for drug delivery, spinal or brain, administered by a physician;

(g) Electronic analysis of implanted neurostimulator pulse generator system, complex deep brain neurostimulator pulse generator/transmitter;

(h) Electronic analysis of implanted neurostimulator pulse generator system, gastric neurostimulator pulse generator/transmitter, initial or subsequent; and

(i) Psychological and neuropsychological testing and neurobehavioral status exams performed by a psychologist or physician.

(2) With the exception of those services identified in paragraphs (C)(1) and (C)(3) of this rule, professional and technical components will be recognized for all other neurology and neuromuscular procedures in accordance with rule 5101:3-4-11 of the Administrative Code.

(3) Procedure codes 92640, 96000 to 96003, 95990, 96105, and 96110 are considered technical services and are reimbursable to physicians only if they are provided in a non-hospital setting.

(D) Special dermatological procedures.

(1) Procedure codes 96900, and 96910 through 96912 are considered technical services and will be covered as physician services only when they are provided in a non-hospital setting. Physician services associated with these procedures are considered a part of the evaluation and management service.

(2) Procedure code 96913 is a covered procedure and includes the physician professional services. The report must include the medical diagnoses and clinical indications for the procedure and the actual length of time of the procedure.

(E) Endocrinology

The procedure code 95250 for glucose continuous monitoring is considered a technical service. The code 95251 can be billed as a physician service only when the service is provided in a non-hospital setting.

(F) Photodynamic therapy

(1) Procedure code 96567 is considered a technical service and is only reimbursable to physicians if it is provided in a non-hospital setting.

(2) Codes 96570 and 96571 are professional services and are covered as physician services regardless of setting.

Effective: 03/31/2009

R.C. 119.032 review dates: 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 9/1/89, 5/25/91, 4/1/92 (Emer), 7/1/92, 12/30/93 (Emer), 3/31/94, 12/30/94 (Emer), 3/30/95, 12/29/95 (Emer), 3/21/96, 12/31/01 (Emer), 3/29/02, 7/1/03, 1/2/04 (Emer), 4/1/04, 12/30/04 (Emer), 3/20/05, 12/30/05 (Emer), 3/27/06, 12/29/06 (Emer), 3/29/07, 12/31/07 (Emer), 3/30/08, 12/31/08 (Emer)

5101:3-4-18 Pulmonary services.

(A) Pulmonary services are categorized as:

(1) Ventilation/pulmonary management services;

(2) Technical services;

(3) Bundled services (services that are considered a part of another provided service); or

(4) Procedures composed of professional and technical components.

(B) Ventilation/pulmonary management

(1) Ventilation/pulmonary management services are physician professional services that are included in the physician’s evaluation and management service (visit) and may not be billed in conjunction with the codes for critical care, evaluation and management, or consultation services.

(2) A physician may be reimbursed for professional services associated with the pulmonary management of a hospital inpatient over a twenty-four-hour period if the physician’s primary responsibility is to manage the patient’s pulmonary care, the physician is not the patient’s primary or attending physician, and the physician is not billing a visit for the same date of service. For reimbursement, the provider must bill the appropriate CPT code for pulmonary management services.

(3) Ventilation management includes:

(a) The initiation and maintenance of mechanical ventilation and controlled oxygen administration;

(b) The establishment of mechanisms necessary for the monitoring of the patient;

(d) The adjustment of treatment plan(s); and

(e) Maintenance of medical records.

(1) Technical pulmonary services include:

(a) Nonpressured inhalation treatments;

(b) Aerosol or vapor inhalations, diagnostic;

(d) Continuous airway pressure ventilation;

(e) Evaluate patient use of inhaler and;

(f) Continuous inhalation treatment with aerosol medication.

(2) Physicians may be reimbursed for the services listed in paragraph (C)(1) of this rule, only if the services are provided in a nonhospital setting.

(D) Professional services

(1) Codes 94002, 94003, and 94610 are considered physician professional services.

(2) Codes 94002, 94003, and 94610 may not be billed in conjunction with the codes for critical care services.

(3) Codes 94002, 94003, and 94610 are valid only in an inpatient hospital setting.

(E) Bundled services The interpretation of blood gases and noninvasive oximetry services are considered incidental services and are bundled into the services for which they are incidental (e.g., visits, ventilation management, surgery anesthesia services, pulmonary consultations or oxygen supplier services). Blood gas and invasive oximetry procedures performed by certified laboratories are reimbursable in accordance with Chapter 5101:3-11 of the Administrative Code.

(F) Pulmonary services composed of professional and technical services

(1) The department will recognize a professional and technical component for all pulmonary procedures not listed in paragraphs (B) to (D) of this rule.

(2) These procedures shall be billed and reimbursed in accordance with rule 5101:3-4-11 of the Administrative Code.

(G) Pulmonary consultation services must be billed in accordance with paragraph (E) of rule 5101:3-4-06 of the Administrative Code.

Effective: 03/29/2007

R.C. 119.032 review dates: 01/12/2007 and 03/01/2012

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 9/1/89, 5/25/91, 4/1/92 (Emer), 7/1/92, 12/30/94 (Emer), 3/20/95, 1/1/01, 10/1/04, 12/29/06 (Emer)

5101:3-4-19 Allergy services.

(A) Allergy testing.

(1) Providers of physician services may be reimbursed for the performance and evaluation of allergy sensitivity tests when the services are provided in a nonhospital setting (e.g., physician office or clinic).

(a) A complete medical and immunologic history and physical examination must be done prior to performing diagnostic testing and be made available to the department upon request; and

(b) The testing must be performed based on the medical and immunologic history and physical examination that documents that the antigen being used for the testing exists within a reasonable probability of exposure in the patient’s environment and be documented in the patient’s medical record; and

(c) Based on the information in the medical record, the testing must be limited to the minimal number of necessary tests to reach a diagnosis.

(2) Physician professional services associated with allergy testing are bundled into the code for evaluation and management services (visit).

(3) Allergy testing is considered a technical service reimbursable only to the hospital when the service is provided in a hospital setting.

(4) Percutaneous tests, intracutaneous/intradermal tests, photo patch tests, and patch tests, photo tests, or application tests are reimbursed on a per test basis. When billing, the provider must specify the number of tests performed.

(5) Quantitative or semi-quantitative in vitro allergen specific IgE tests (formerly referred to a RAST tests) are covered if skin testing is not possible or not reliable and they are performed by providers certified under Clinical Laboratory Improvement Amendment of 1988 (CLIA ‘88) to perform the tests and billed in accordance with Chapter 5101:3-11 of the Administrative Code.

(6) Effective for dates of service on or after the effective date of this rule, qualitative multiallergen screens for allergen specific IgE, CPT code 86005, are not covered since they are not considered medically necessary.

(7) Effective for dates of service on or after September 1, 2005, provocative testing, CPT code 95078, is not covered since it is not considered medically necessary.

(8) Ophthalmic mucous membrane tests and direct nasal mucous membrane tests are allowed only when skin testing cannot test allergens.

(9) Ingestion challenge tests (CPT code 95075) are allowed once per patient encounter regardless of the number of items tested and include the evaluation of the patient’s response to the test items.

(B) Allergen immunotherapy.

(1) “Allergen immunotherapy” is the provision of and parenteral administration of allergenic extracts as antigens at periodic intervals, usually on an increasing dosage scale to a dosage which is maintained as maintenance therapy.

(2) Providers may be reimbursed for the professional services necessary for allergen immunotherapy.

(3) The patient’s medical record must document that allergen immunotherapy was determined by appropriate diagnostic procedures coordinated with clinical judgment and knowledge of the natural history of allergic diseases. Documentation must be made available to the department upon request.

(4) An office visit may be billed in addition to the allergen immunotherapy codes (95115, 95117, 95144-95180) only if other identifiable services are provided at that time.

(5) Allergen immunotherapy will not be covered for the following antigens: newsprint, tobacco smoke, dandelion, orris root, phenol, formalin, alcohol, sugar, yeast, grain mill dust, goldenrod, pyrethrum, marigold, soybean dust, honeysuckle, wool, fiberglass, green tea, or chalk since they are not considered medically necessary.

(6) The department recognizes two components of allergen immunotherapy, one being the administration (injection) of the antigen which includes all professional services associated with the administration of the antigen and the other being the antigen itself. These two components must be billed separately, regardless of whether or not the provider who prescribes and provides the antigen is the same as the provider who administers the antigen.

(a) Injections.

For reimbursement for the administration (injection) of allergenic extract or stinging insect venom, the provider must bill CPT code 95115 or 95117. The allergenic extract may be administered by the physician or by a properly instructed employee under the general supervision of the physician in an office setting. These codes may not be billed with CPT code 95144.

(b) Antigens (excluding stinging insect venoms).

(i) When the provider prescribes and provides single or multiple antigens for allergen immunotherapy in multiple-dose vials (i.e., vials containing two or more doses of antigens), the provider must bill CPT code 95165 in the procedure/service code block and the number of doses contained in the vial in the unit(s) block on the invoice. If the provider dispenses two or more multiple-dose vials of antigen, for each vial dispensed CPT code 95165 must be billed on a separate line along with the corresponding number of doses.

For example, if a patient cannot be treated with immunotherapy by placing all antigens in one vial and two multidose vials containing ten doses each must be dispensed, the CPT code 95165 must be billed on two separate lines and a “10” (for ten doses) must be entered for the corresponding units.

(ii) CPT code 95144, the single dose vial antigen preparation code, must not be billed as one of the components of a complete service performed by a provider. The code must be billed only if the provider providing the antigen is providing it to be injected by some other entity. The number of vials prepared must be indicated.

(iii) Effective for dates of service on or after September 1, 2005, the department does not recognize CPT codes 95120 through 95134 because they represent complete services, i.e., services that include both the injection service as well as the antigen and its preparation. Only component billing will be allowed. Providers providing both components of the service must do component billing. The provider must, as appropriate, bill one of the injection CPT codes (95115 or 95117) and one of the antigen/antigen preparation CPT codes (95145 through 95149, 95165, or 95170). The number of doses must be specified.

(i) If the provider administers the venom(s), CPT code 95115 or 95117 must be billed for the injection(s) of the antigen(s).

(ii) When a provider prescribes and/or provides stinging insect venom antigens in single dose vials or preparations, CPT codes 95145 to 95149 must be billed.

(a) For each single dose vial or preparation provided, a unit of service of “1” must be reported.

(b) If the provider also administers the venom, CPT code 95115 or 95117 must be billed for the injection(s).

(iii) For any single dose vial or preparation of stinging insect venoms venoms, the provider must use CPT codes 95145 to 95149 with a unit of service of “1” for each single dose vial/preparation provided;.

(d) Insect venoms in multiple dose vials or preparations.

(i) When a provider prescribes and provides single or multiple stinging insect venom(s) in multiple dose vials, CPT codes 95145 to 95149 must be billed. The number reported as the unit of service must represent the total number of doses contained in the vial.

(ii) Regardless of the number of doses, the date of service reported should be:

(a) The date the vial is dispensed to the patient, if the patient takes the vial home to be administered elsewhere or at another time; or

(b) The date that the first dose is administered to the patient, if the vial is kept in the physician’s office.

(iii) If the provider also administers the venom, CPT code 95115 or 95117 must be billed for the single or multiple injection(s). The correct quantity billed is one for either code.

Effective: 09/01/2005

R.C. 119.032 review dates: 04/28/2005 and 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02

Prior Effective Dates: 9/1/89, 4/1/92 (Emer), 7/1/92, 4/1/93, 12/30/93 (Emer), 3/3/94, 12/30/94 (Emer), 3/20/95, 1/1/01

5101:3-4-20 Chemotherapy treatment.

(A) Provision of the chemotherapy agent.

When the chemotherapy agent is provided by the physician’s office, physician’s group practice, or clinic and administered in a nonhospital setting, the physician may be reimbursed for the cost of the chemotherapy drug by billing the appropriate HCPCS injection code.

(B) Administration of chemotherapy.

(1) Administration of chemotherapy includes the preparation of the chemotherapy agent and all therapeutic services and medical supplies provided during treatment.

(2) When chemotherapy is administered in the physician’s office, group practice, or clinic, the physician may be reimbursed for chemotherapy treatments personally administered by the billing physician or by a qualified employee supervised by the billing physician. For reimbursement, the provider must bill the appropriate CPT code for chemotherapy.

(3) When chemotherapy services are provided in an inpatient hospital, outpatient hospital or hospital emergency room setting, the physician may not be reimbursed for chemotherapy administration services unless the administration required a thoracentesis, paracentesis or lumbar puncture.

(4) When chemotherapy is administered personally by the physician or by a qualified employee of the physician in a patient’s home, the physician may be reimbursed for the chemotherapy administration.

(5) The administration of chemotherapy is independent of the physician’s professional service and the office visit. Either may occur independently from the other on a given day or they may occur sequentially on the same day. When a physician examines the patient, a visit may be billed in conjunction with the chemotherapy injection and administration codes (nonhospital setting only). The professional services involved in the supervision and monitoring of the chemotherapy treatments are considered a part of the evaluation and management (visit) service.

R.C. 119.032 review dates: 04/29/2004 and 04/29/2009

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02

Prior Effective Dates: 9/1/89, 5/1/90, 4/1/92(emerg.), 3/30/95

5101:3-4-21 Anesthesia services.

(A) The department will reimburse a physician for general, regional, or supplementation of local anesthesia services (or monitored anesthesia care services as described in paragraph (I) of this rule) provided during a surgical or diagnostic procedure. Anesthesia services include the usual pre-operative and post-operative visits, the anesthesia care during the procedure, the administration of fluid and/or blood products incident to the anesthesia or surgery, and the basic monitoring procedures. ECG, temperature, blood pressure, oximetry, capnography and mass spectometry are considered usual monitoring procedures. Unusual monitoring procedures such as intra-arterial, central venous and Swan Ganz are not included in the payment for anesthesia services and may be separately billed and reimbursed.

(B) Reimbursement for anesthesia services is the lesser of the provider’s billed charge or the medicaid maximum payment as specified in paragraph (J)(5) of rule 5101:3-1-60 of the Administrative Code for services provided before May 1, 2001. For services provided on or after May 1, 2001, reimbursement for anesthesia services will be the amount obtained using the following formula:

Except for the exceptions set forth in paragraph (B) (7) of this rule, the formula for calculating the reimbursement of anesthesia services will be the base unit value and the time unit value multiplied by the appropriate conversion factor or percentage of a conversion factor as set forth in rule 5101:3-4-21.2 of the Administrative Code.

(1) “Base unit” means the value for each anesthesia code that reflects all activities other than anesthesia time. Anesthesia activities include usual pre-operative and post-operative visits, the administration of fluids or blood incident to anesthesia care, and monitoring services.

(2) “Base unit value” means the value for a base unit for each anesthesia code. These values are taken from the 200001/01/2007 American society of anesthesiologists’ relative value guide. For purposes of medicaid reimbursement, base unit values from the American society of anesthesiologists will be used for anesthesia codes. For any anesthesia code covered by the department, the department will use the base unit value assigned by the American society of anesthesiologists for the year that the code was added.

(3) “Time unit” means the continuous actual presence of the physician (or of the medically-directed resident or medically-directed CRNA/AA) and starts when he/she begins to prepare the patient for anesthesia and ends when the anesthesiologist (or medically-directed CRNA/AA) is no longer in personal attendance with the exception of anesthesia for neuraxial analgesia for obstetrical services defined in paragraph (C) of rule 5101:3-4-21.1 of the Administrative Code.

(4) “Anesthesia time” is the actual number of anesthesia minutes as reported on the claim. Anesthesia time is defined in paragraph (D) (3) of this rule.

(5) “Time unit value” means one unit for each fifteen minutes of reported anesthesia time. Since only the actual time of a fractional time unit is recognized, the resulting time unit value will be rounded to one decimal place.

(6) Anesthesia conversion factors are specified in rule 5101:3-4-21.2 of the Administrative Code.

(7) The following formula exceptions apply:

(a) Anesthesia code 01996 will be paid based on the base units specified in the relative value guide. No calculation for time is allowable for this anesthesia code; and

(b) Services billed with the “AD” modifier will be paid at three times the conversion factor set forth in rule 5101:3-4-21.2 of the Administrative Code.

(1) Except as provided for in paragraph (C)(5) of this rule, the physician is acting exclusively as an anesthetist and is not also acting as the surgeon or assistant surgeon;.

(2) For each patient, the physician:

(a) Performs a pre-anesthetic examination and evaluation;

(b) Prescribes the anesthesia plan;

(d) Ensures that any procedures in the anesthesia plan that he or she does not perform are performed by a qualified individual;

(e) Monitors the course of anesthesia administration at frequent intervals;

(f) Remains physically present and available for immediate diagnosis and treatment of emergencies; and

(g) Provides indicated post-anesthetic care.

(3) The physician either personally performs the services itemized in paragraph (C)(2) of this rule, without the assistance of a CRNA/AA, resident, intern, fellow, or other qualified anesthetist; or the physician uses assistance of a CRNA/AA, resident, intern, fellow or other qualified anesthetist in the performance of the services in paragraph (C)(2) of this rule, and does not perform any other services while providing medical direction.

(a) “Medical direction” is when a physician meets the requirement set forth in paragraph (C) (1) of this rule and the physician utilizes the assistance of a CRNA/AA, resident, intern, or fellow in the performance of the services listed in paragraph (C) (2) of this rule and is involved in no more than four concurrent anesthesia cases;.

(b) “Medical supervision” is when the physician meets the requirement set forth in paragraphs (C)(1), (C)(2)(a) and (C)(2)(b) of this rule and the physician anesthesiologist is involved in furnishing services for more than four concurrent procedures or is performing other services while directing the concurrent procedures.

(4) In situations where the physician is involved in medically supervising more than four procedures concurrently, or is performing other services while directing the concurrent procedures, the physician must be involved in the pre-surgical anesthesia services.

(5) When a surgeon or a group practice of surgeons employs CRNA to provide anesthesia services, the physician or group practice may bill and receive reimbursement for the services of the CRNA in addition to the reimbursement for the surgical procedures performed by the physician.

(D) For reimbursement the physician must bill the appropriate anesthesia code for the service provided modified by the appropriate anesthesia modifier, and report the anesthesia time in minutes.

(1) The following anesthesia modifiers must be used for billing anesthesia services:

AA Anesthesia services personally performed by the anesthesiologist;

AD Medical supervision by a physician: more than four concurrent anesthesia procedures;

QK Medical direction of two, three, or four concurrent anesthesia procedures involving qualified individuals;

QX CRNA with medical direction by a physician or anesthesia assistant with medical direction by an anesthesiologist;

QY Medical direction of one CRNA by an anesthesiologist; and

QZ CRNA without medical direction by physician.

Note: Anesthesiologist assistants may use the modifier “QX” to bill for services provided under the medical direction of an anesthesiologist if they are employed by a physician or in an independent practice. An anesthesiologist may bill the “QY” modifier if he/she provides medical direction to an anesthesiologist assistant.

(2) Except as provided for in paragraph (H) of this rule, reimbursement for the services of a CRNA/AA may not be made to a provider of physician services, including hospitals.

(a) Services of a hospital employed CRNA/AA are included in the facility payment made to the hospital.

(b) Services of a self-employed CRNA/AA or a CRNA/AA who is a member of an independent CRNA/AA group practice is reimbursable directly to the CRNA/AA or CRNA/AA group practice.

(3) Anesthesia time begins when the anesthetist begins to prepare the patient for the induction of anesthesia in the operating room or in an equivalent area and ends when the anesthetist is no longer in personal attendance, that is, when the patient may be safely placed under post-anesthetic supervision.

(4) The modifier “AA” may be used if a teaching anesthesiologist is continuously involved in one procedure with one resident or with one student certified registered nurse anesthetist. The teaching anesthesiologist must document in the medical records that he or she was present during all critical portions of the procedure including induction and emergence.

(5) A physician who provides medical direction of a CRNA/AA may submit claim(s) for medical direction of a CRNA/AA as described in paragraph (H)(3) of this rule.

(E) No additional reimbursement will be paid for the physical status of the patient, the age of the patient, body hypothermia, body hyperthermia, emergency conditions, or time of day.

(F) When it is medically necessary to provide general anesthesia services for extensive restorative dental procedures or for a medicaid covered oral surgery procedure for which there is not a surgical code, the anesthesia services must be billed using code 00170 modified by the appropriate anesthesia modifier.

(G) For the reimbursement of anesthesia services the physician must bill the anesthesia code that best describes the anesthesia procedure performed modified by the appropriate anesthesia modifier as listed in paragraph (D) of this rule, and report the total anesthesia time in minutes.

(1) Except as provided for in paragraph (G)(2) of this rule, when anesthesia services are provided for more than one surgical procedure performed on the same date of service for the same patient, the department will reimburse for only one anesthesia service. Reimbursement will be based on the appropriate anesthesia code and the total anesthesia time reported should be inclusive of the anesthesia time encompassing all of the surgical procedures.

(2) The department will pay for two anesthesia services provided on the same patient on the same date of service on a case-by-case basis only if one or more of the following conditions apply:

(a) The patient was either discharged from the hospital or was released from the recovery/surgical area to the floor or surgical intensive care unit;

(b) The patient had to return to the operating room on an emergency basis;

(c) It was medically necessary for the two procedures to be performed separately and two separate anesthetics were required; or

(d) The patient had anesthesia for a vaginal delivery of a newborn and anesthesia for a tubal ligation procedure meeting the requirements specified in rule 5101:3-21-01 of the Administrative Code performed separately on the same day.

(H) Reimbursement will be made to a provider of physician services for CRNA/AA services under the following conditions:

(1) When the CRNA/AA is employed by a physician, hospital, , or other valid provider of physican services and the claim is for the medicare coinsurance and deductible amounts due for medicare covered CRNA/AA services provided to a patient who is dually eligible for medicare and medicaid, even if separate reimbursement would not be allowable if the anesthesia services are provided to a patient covered only under the medicaid program (e.g., hospital-employed CRNA/AA services).

(a) The coinsurance and deductible payments should normally be made through the automatic crossover mechanism.

(b) If the claims for the anesthesia services provided by the CRNA/AA did not get paid through the automatic crossover system, the provider must submit a medicaid crossover claim, in accordance with the crossover billing instructions specified in BIN.1101 except that the CRNA/AA’s medicaid legacy number must be submitted as the rendering provider and the employing provider’s medicaid legacy number must be submitted as the “pay to” provider.

(c) If the claims for the anesthesia services provided by the CRNA/AA were paid but the claims for the anesthesia services provided by the physician were denied through the automatic crossover system, the provider must submit a medicaid crossover claim, with the physician’s medicaid legacy number listed as the rendering provider. If it is a physician group practice the medicaid legacy number for the group practice must be submitted as the “pay to” provider.

(2) When the CRNA is employed by the surgeon. In such cases, the services of the CRNA must be billed on a separate physician claim form from the surgeon and the medicaid legacy number and national provider indentifier number (NPI) of the CRNA must be listed as the rendering provider and the medicaid legacy number and the NPI number of the employing physician or the physician group practice must be listed as the “pay to” provider.

(3) When a CRNA/AA is employed by a physician acting exclusively as an anesthetist as specified in paragraph (C) (1) of this rule or an anesthesiology group practice.

(a) One claim must be submitted when no medical direction or supervision was provided by the physician/anesthesiologist.

(b) Two claims must be submitted when the physician/anesthesiologist meeting the requirement in paragraph (C) (1) of this rule provides medical direction or medical supervision to CRNAs/AAs.

(i) On one claim the physician/anesthesiologist who provided the medical direction would be listed as the rendering provider and the anesthesia code for the anesthesia procedure modified by the appropriate modifier indicating medical direction listed in paragraph (D) (1) of this rule should be billed.

(ii) On the second claim for services provided by the CRNA/AA, the CRNA/AA who provided the service under the medical direction of a physician would be listed as the rendering provider and the physician providing the medical direction would be listed as the “pay to” provider. The appropriate anesthesia code must be modified by “QX” to denote a CRNA/AA under the medical direction of a physician.

(I) Monitored anesthesia care (MAC) is a combination of local anesthesia and certain anxiolytic and analgesic medications. When this type of anesthesia is used, the patient maintains protective reflexes and consciousness except for a brief period of time. Monitored anesthesia care requires the same expertise and work as required in the delivery of general anesthesia. Billing and reimbursement for monitored anesthesia care is the same as for general anesthesia when all of the conditions for reimbursement listed in paragraph (C) of this rule are met. There is no additional reimbursement for monitored anesthesia.

Effective: 11/20/2007

R.C. 119.032 review dates: 08/30/2007 and 11/01/2012

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 6/3/83, 10/1/83 (Emer), 12/29/83, 1/1/86, 5/9/86, 6/16/88, 1/13/89 (Emer), 4/13/89, 9/1/89, 5/2/94 (Emer), 6/3/94 (Emer), 7/24/94, 3/30/95, 12/31/96 (Emer), 3/22/97, 1/1/00, 5/1/01, 9/1/02

5101:3-4-21.1 Anesthesia for neuraxial analgesia for obstetrical services.

(A) This rule applies to the following obstetrical care anesthesia procedures:

(1) Neuraxial labor analgesia/anesthesia for planned vaginal delivery (this includes any repeat subarachnoid needle placement and drug injection and/or necessary replacement of an epidural catheter during labor); and

(2) Anesthesia for cesarean delivery following Neuraxial neuraxial analgesia/anesthesia.

(B) All of the provisions of rule 5101:3-4-21 of the Administrative Code apply to anesthesia services for the obstetrical anesthesia listed in paragraph (A) of this rule, except for:

(1) Paragraph (B)(3) of rule 5101:3-4-21 of the Administrative Code, which defines “time unit”;

(2) Paragraph (C)(2) of rule 5101:3-4-21 of the Administrative Code;

(3) Paragraph (C)(4) of rule 5101:3-4-21 of the Administrative Code; and

(4) Paragraph (D)(3) of rule 5101:3-4-21 of the Administrative Code.

(C) In the case of anesthesia for obstetrical services listed in paragraph (A) of this rule, “time unit” shall be defined as “time begins when the neuraxial labor analgesic is inserted and continues through delivery.”Time for obstetrical anesthesia is the lower of actual time from insertion through delivery or a maximum of four hours.

(D) The department will reimburse for neuraxial analgesia for obstetrical services if the following conditions are met:

(1) For each patient, the physician, must:

(a) Perform or approve a pre-anesthesia examination and evaluation for labor analgesia performed by a qualified anesthesia provider;

(b) Prescribe or approve an anesthesia plan;

(c) Personally participate in all critical portions of the procedure, including placement of the epidural or other regional technique;

(d) Ensure that any procedures in the anesthesia plan that he or she does not perform are performed by a qualified anesthesia provider;

(e) Periodically monitor the course of anesthesia/analgesia administration or ensure that a qualified anesthesia provider performs the monitoring;

(f) Remain readily available for immediate diagnosis and treatment of emergencies as required by Ohio statute; and

(g) Provide indicated post-anesthesia care.

(2) If medical supervision is provided for neuraxial analgesia and the “AD” modifier is billed, the physician must be involved in the pre-procedure anesthesia services.

(a) Medical supervision applies to labor analgesia services when:

(i) The anesthesiologist is supervising more than four concurrent surgical anesthesia procedures while supervising a critical portion, e.g., epidural placement of a labor analgesia technique;

(ii) The anesthesiologist is supervising more than four epidural placements at the same time; or

(iii) The anesthesiologist is not in the obstetrical suite while supervising the critical portion of of the neuraxial technique.

(b) Paragraph (D)(1)(c) of this rule does not apply to medically- supervised labor analgesia services.

(E) In the event that anesthesia for surgery is required during the course of a labor analgesic technique, i.e., cesarean section, the provisions outlined in paragraph (C) of rule 5101:3-4-21 of the Administrative Code apply.

Effective: 10/01/2006

R.C. 119.032 review dates: 06/15/2006 and 10/01/2011

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 1/01/02

5101:3-4-21.2 Anesthesia conversion factors.

(A) For modifiers “AA”, “AD” or “QZ”, the conversion factor is fifteen dollars and twenty-eight cents for dates of service on and after May 1, 2001.

(B) For modifiers “QK”, QX”, or “QY”, the conversion factors are as follows:

(1) Sixteen dollars and ninety-eight cents for dates of service between May 1, 2001, until September 1, 2002; and

(2) Sixteen dollars and twenty-six cents for dates of service beginning with September 1, 2002.

(C) Services billed with the “QK”, “QX”, or “QY” modifiers described in paragraph (D) (1) of rule 5101:3-4-21 of the Administrative Code will be reimbursed at fifty per cent of the conversion factor stated in paragraph (B) of this rule.

Effective: 09/01/2005

R.C. 119.032 review dates: 06/06/2005 and 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02

Prior Effective Dates: 9/1/02

5101:3-4-22 Surgical services.

(A) The department will reimburse physicians for most surgical procedures. The surgical procedure includes the operation per se, local infiltration, metacarpal/digital block or topical anesthesia when used, and the normal uncomplicated preoperative and postoperative care. Payment for conscious sedation is bundled into the payment for the related surgical or radiological procedure and is not reimbursed separately by the department.

(B) Physicians will be reimbursed for physician visits in addition to the surgery only as detailed in rule 5101:3-4-06 of the Administrative Code.

(C) For the reimbursement of surgical services, the physician must bill the appropriate code for the surgical procedure(s). Each surgical procedure billed must be a separate procedure and not a minor surgical procedure performed as an integral part of a major surgical procedure (e.g., suturing of a surgical incision).

(D) Multiple surgeries.

(1) Surgical codes subject to multiple surgery pricing are contained in the appendices to this rule. Multiple surgery pricing will apply to the procedures indicated with an “x” in the corresponding column for multiple surgery in appendix A and appendix B to this rule.

(2) Reimbursement for multiple surgical procedures performed on the same patient by the same provider shall be the lesser of billed charges or:

(a) One hundred per cent of the medicaid maximum allowed for the primary procedure.

The primary procedure is considered to be the surgical procedure that has the highest medicaid maximum listed in appendix DD to rule 5101:3-1-60 of the Administrative Code.

(b) Fifty per cent of the medicaid maximum allowed for the secondary procedure.

(3) Surgical procedure codes that are not considered multiple surgery will be paid at the lesser of the billed charge or the medicaid maximum regardless of whether the codes are submitted with another surgical procedure that had an “x” in the multiple surgery column of appendix A and appendix B to this rule.

(4) Effective October 15, 2006, the department will recognize the 51 modifier signifying a “multiple procedure.” However usage of this modifier will not affect the level of reimbursement. If a claim is submitted with the 51 modifier but the surgical code is not marked as multiple surgery in appendix A to this rule, the claim with the 51 modifier will be denied.

(E) Bilateral procedures.

(1) Surgical codes subject to bilateral surgery pricing are contained in the appendices to this rule. Bilateral surgery pricing will apply to procedures indicated with an “x” in the corresponding column for bilateral surgery in appendix A and appendix B to this rule.

(2) Bilateral procedures should be billed to the department using the appropriate code for the procedure modified by the modifier 50. For example, 6943350 would mean a tympanostomy was performed on both ears. Code 69433 billed without a modifier would mean the procedure was performed on one ear. If the procedure code is billed unmodified, the department will not reimburse for the procedure as a bilateral procedure.

(3) The medicaid maximum for bilateral procedures is one hundred fifty per cent of the medicaid maximum allowed for the same procedures performed unilaterally when the code is billed with the 50 modifier.

(F) Incidental procedures.

When incidental procedures are performed through the same incision, during the same operative session, the allowable fee shall be that of the major procedure only.

(G) Assistant at surgery.

(1) Surgical codes subject to assistant at surgery pricing are contained in the appendices to this rule. Assistant at surgery pricing will apply to procedures indicated with an “x” in the corresponding column for assistant at surgery in appendix A and appendix B to this rule.

(2) The billing by a surgical assistant shall be no greater than his/her customary charge for the professional work rendered.

(3) The department’s payment for an assistant at surgery will be limited to the billed charge, or twenty-five per cent of the medicaid maximum allowed for the primary surgical procedure, whichever is lower.

(4) No assistant fees will be reimbursed for assistant-at-surgery services provided by a non-physician (e.g., registered nurses or physician assistants).

(5) Reimbursement will not be made for more than one assistant at surgery, regardless of the extent of surgery.

(6) Conditions for payment for assistants at surgery in a teaching hospital.

(a) Reimbursement will not be made for assistants at surgery in teaching hospitals with a training program relating to the medical specialty required for the surgical procedure and a resident in a training program available to serve as an assistant at surgery.

(b) Reimbursement for an assistant at surgery in a teaching hospital may be made only if the services:

(i) Are required due to exceptional medical circumstances;

(ii) Are performed by team physicians needed to perform complex medical procedures;

(iii) Constitute concurrent medical care relating to a medical condition that requires the presence of and active care by a physician of another specialty during surgery; or

(iv) Are medically required and are furnished by a physician who is primarily engaged in the field of surgery and the primary surgeon does not utilize residents and interns in the surgical procedure he or she performs (including preoperative and postoperative care).

(7) Billing assistant at surgery services.

For reimbursement, providers must bill the appropriate code for the primary surgical procedure modified by 80.

(H) Application of casts, splints, straps or other traction devices.

(1) Services listed in the musculoskeletal surgery section (codes 20000 through 28899 and 29800 through 29999) include the application and removal of the first cast, splint, strap or other traction device.

(2) The casting, splinting and strapping procedures listed at the end of the musculoskeletal surgery section (codes 29000 through 29799) may be billed only when the casting, splinting or strapping is performed as a replacement procedure during or after the period of follow-up care. A visit may not be billed with any of the casting, splinting or strapping codes.

(a) The casting codes include all professional services and supplies provided during the service.

(b) The splinting and strapping codes do not include the splints or straps (elastic bandages). Splints or straps may be billed as a DME (durable medical equipment) service, if it was medically necessary to replace the splint or strap.

(3) If a cast application, strapping or splinting is provided as an initial procedure in which no surgery code is applicable (e.g., the casting or strapping of a sprained ankle or knee), the provider must bill using the appropriate visit code. When this service is provided in a non-hospital setting, the provider may also be reimbursed for the cost of the cast, splint, or strap.

(a) For the strapping or splinting materials, the provider must bill the appropriate DME code in accordance with Chapter 5101:3-10 of the Administrative Code.

(b) For casting materials, the provider must bill the appropriate code for casting materials in appendix DD to rule 5101:3-1-60 of the Administrative Code. The provider must maintain, at a minimum, documentation that supports that the service was an initial cast application for a non-surgical service and the quantity and description of the casting supplies.

(4) When a cast has been damaged and it is medically appropriate to repair rather than to remove and replace the cast, the provider may bill and be reimbursed for an evaluation and management service. If the casting repair is performed in a non-hospital setting, the provider may also be compensated for the casting materials by billing one of the codes listed in paragraph (H)(3)(b) of this rule.

Appendix A 5101:3-4-22

Effective for dates of services on or after January 1, 2008

See Appendix at http://www.registerofohio.state.oh.us/pdfs/5101/3/4/5101$3-4-22_PH_FF_A_APP1_20090320_1018.pdf

Appendix B 5101:3-4-22

2009 Codes subject to multiple surgery, bilateral surgery, or assistant at surgery pricing effective for dates of service on or after January 1, 2009

See Appendix at http://www.registerofohio.state.oh.us/pdfs/5101/3/4/5101$3-4-22_PH_FF_A_APP3_20090320_1018.pdf

Effective: 03/31/2009

R.C. 119.032 review dates: 10/01/2011

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 6/3/83, 10/1/83 (Emer), 12/29/83, 1/1/86, 5/9/86, 6/16/88, 1/13/89 (Emer), 4/13/89, 9/1/89, 2/17/91, 12/1/92, 1/1/01, 10/1/03, 10/15/06, 12/29/06 (Emer), 3/29/07, 12/31/07 (Emer), 3/30/08, 12/31/08 (Emer)

5101:3-4-23 Covered ambulatory surgery center (ASC) surgical procedures.

(A) A physician may be reimbursed for all covered surgical procedures performed in an ambulatory surgery center (ASC) regardless of whether the surgery is a covered ASC surgical procedure.

(B) An ASC will be reimbursed a facility fee for only covered ASC surgical procedures designated as ASC procedures in appendix DD of rule 5101:3-1-60 to the Administrative Code.

(C) A physician may be reimbursed for the professional component of a covered laboratory, radiology, diagnostic, or therapeutic service only if the physician personally performed the service and the service was not performed by an employee of the ASC in the ASC.

Effective: 07/01/2009

R.C. 119.032 review dates: 02/11/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 9/1/89, 12/29/95 (Emer), 3/21/96, 1/1/01

5101:3-4-25 Laboratory and radiology services.

(A) Laboratory

The department will reimburse physicians for laboratory procedures that are necessary in the treatment of a patient’s condition in accordance with Chapter 5101:3-11 of the Administrative Code.

(B) Radiology

The department will reimburse physicians and certain other providers for covered radiology services in accordance with paragraphs (B)(1) to (B)(9) of this rule.

(1) The department recognizes a professional component and a technical component for each radiological procedure. When both components are performed by one provider, they are recognized as the total (radiological) procedure.

(2) X-rays and documentation of all results of radiological procedures must be maintained on file for a period of six years. In addition, x-rays must be of sufficient quality to ensure ease of diagnosis and must be marked with the patient’s name and dated for ready identification.

(3) Modifiers.

When billing for radiology services, providers must bill using the appropriate modifiers.

26 Professional component only

TC Technical component only

Unmodified Total procedure (both technical and professional components)

(4) Professional component.

(a) The department will directly reimburse a radiologist the professional component when the radiologist performs the initial interpretation of a radiological examination.

(b) The department will directly reimburse a radiologist or cardiologist for the professional component when the radiologist or cardiologist interprets a radiological procedure that has already been interpreted by another physician. In this case, the radiologist’s or cardiologist’s interpretation is a specialist’s evaluation (of the interpretation of the treating physician) whose findings could affect the course of treatment initiated or cause a new course of treatment to begin.

(c) Reimbursement is not allowed for an interpretation of a radiologic procedure performed by the attending, treating or emergency room physician after a radiologist’s or cardiologist’s interpretation. Such a service would be considered a part of the physician’s overall workup or treatment of the patient and reimbursed as part of the visit.

(d) A physician providing radiological services in an inpatient hospital, an outpatient hospital, or an emergency room setting may bill only for the professional component.

(e) To bill for the professional component only use the appropriate procedure code modified by 26 (e.g., 7001026).

(5) Technical component.

(a) The department will reimburse a physician/provider for only the technical component if:

(i) The physician personally performed the service or the service was performed by an employee of the physician/provider;

(ii) The professional component was performed by another physician/provider; and

(iii) The service was performed in a setting other than an inpatient hospital, an outpatient hospital or an emergency room.

(b) To bill for the technical component only, use the appropriate procedure code modified by TC (e.g., 70010TC).

(6) Total procedure.

(a) The department will reimburse a physician for the total procedure when the radiologist or treating physician performs the professional and technical components of a radiological procedure in a setting other than an inpatient hospital, an outpatient hospital, or an emergency room.

(b) The department will reimburse any other non hospital provider for the total procedure when:

(i) The physician who performed the professional component has an employment or contractual arrangement for the provider to bill for the professional services; and

(ii) The technical component was performed in a setting other than an inpatient hospital, an outpatient hospital, or an emergency room.

(7) Radiation treatment services.

(a) For reimbursement for the professional services associated with radiation treatments, the provider must bill the appropriate procedure code for clinical treatment management modified by the modifier 26.

(i) One of the weekly clinical management codes must be billed for each five fractions provided regardless of the time interval used in delivering the five fractions.

(ii) The radiation therapy management code must be billed “by report” when the complete course of treatment consists of one or two fractions.

(b) The radiation treatment delivery codes are considered technical only procedures and may be reimbursed to a non-hospital provider only if the service was provided in a non-hospital setting and the code was billed without a modifier.

(8) Reimbursement of radiology procedures.

(a) Radiology procedures have a key listed under the column entitled “PROF/TECH” in appendix DD of rule 5101:3-1-60 of the Administrative Code. This key specifies the split between the professional and technical component. For example, the indicator K indicates that fifty per cent of the fee amount is for professional services and fifty per cent is paid for technical services.

(b) Reimbursement for radiology procedures provided by non-hospital providers shall be the lesser of the provider’s billed charge, or:

(i) For the total procedure, the price listed in appendix DD of rule 5101:3-1-60 of the Administrative Code;

(ii) For the professional component, the price listed in appendix DD of rule 5101:3-1-60 of the Administrative Code, multiplied by the percentage indicated by the code for the professional component;

(iii) For the technical component, the price listed in appendix DD of rule 5101:3-1-60 of the Administrative Code multiplied by the percentage indicated by the code for the technical component.

(c) Payment for conscious sedation is bundled into the payment for the related surgical or radiological procedure and is not reimbursed separately by the department.

(9) Reimbursement for supplies for radiologic procedures.

(a) Effective for dates of service on or after January 1, 2006, the department will reimburse a physician or other eligible (non-hospital) provider in accordance with rule 5101:3-1-60 of the Administrative Code for supplies for radiologic procedures performed in a non-hospital setting.

(b) Codes for supplies for radiologic procedures are invalid for all hospital places of service.

(10) Mammography services.

(a) Beginning July 1, 1993 for services rendered on or after that date, screening mammography services will be covered under medicaid. The term “screening mammography” means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer.

(b) Payment may be made for screening mammography services if the services are provided by a facility having a certificate issued by the food and drug administration (FDA) and the services are provided in accordance with:

(i) All federal, state, and local laws pertaining to the provision and quality assurance standards of radiological and mammography services; and

(ii) The frequencies and conditions set forth in paragraph (B)(10)(c) of this rule.

(i) No payment may be made for a screening mammography provided to a medicaid recipient under thirty-five years, unless a woman is at high risk of developing breast cancer. The patient’s medical records must clearly document the patient’s immediate risk of developing breast cancer at an age less than thirty-five.

(ii) One screening mammography may be paid for a medicaid recipient over the age of thirty-four and under the age of forty.

(iii) One screening mammography every twelve months may be paid for a medicaid recipient who is over the age of thirty-nine.

(d) Mammographies provided for the diagnosis and treatment of women who show clinical symptoms indicative of breast cancer are covered regardless of the recipient’s age.

(e) Under the medicaid program mammography services may be provided by the following Ohio medicaid providers as long as the provider complies with all applicable federal, state and local laws governing mammography services:

(i) Physicians and physician group practices;

(ii) Clinics;

(iii) Rural health clinics (RHCS);

(iv) Outpatient health facilities (OHFS);

(v) Federally qualified health clinics (FQHCS);

(vi) Hospitals; and

(vii) Independent physiological laboratories.

Effective: 03/27/2006

R.C. 119.032 review dates: 09/01/2010

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02

Prior Effective Dates: 6/3/83, 10/1/83 (Emer), 12/29/83, 1/1/86, 5/9/86, 6/16/88, 1/13/89 (Emer), 4/13/89, 9/1/89, 5/1/90, 2/17/91, 5/25/91, 12/30/93 (Emer), 3/31/94, 5/2/94 (Emer), 7/1/94, 12/30/94 (Emer), 3/30/95, 3/21/96, 7/1/96, 12/31/97 (Emer), 3/19/98, 12/31/98 (Emer), 3/31/99, 1/1/01, 7/1/03, 9/1/05, 12/30/05 (Emer)

5101:3-4-26 Covered physical medicine and rehabilitation services.

(A) Physical medicine and rehabilitation services described in Chapter 5101:3-34 of the Administrative Code are covered in the office setting of a physician.

(B) Physical medicine and rehabilitation services may be billed by eligible providers of physician services as defined in rule 5101:3-4-01 of the Administrative Code which have executed the standard Ohio medicaid provider agreement.

(C) The provisions in Chapter 5101:3-34 of the Administrative Code apply to physical medicine and rehabilitation services except the terms “physical or occupational therapy” shall be replaced by the term “physical medicine” and “physical or occupational therapist” shall be replaced by the term “physician.”

(D) Eligible providers of physician services may be reimbursed for covered physical medicine and rehabilitation services performed by a physician, by a licensed physical or occupational therapist employed by or under contract with the physician, or by licensed individuals who are under the direct supervision of the physician in accordance with rule 5101: 3-4-02 of the Administrative Code.

(E) The department also covers physical medicine and rehabilitation services prescribed by a physician, but personally performed by a self-employed physical or occupational therapist, physical or occupational therapist assistant under the direct supervision of a physical or occupational therapist, physical or occupational therapy group practice, or mechanotherapist eligible to provide services under medicaid. In this case, the physician may be reimbursed for any direct medical services he provides (e.g., physical evaluation and determination of the plan of treatment), but may not be reimbursed for the services provided by a self-employed physical therapist, occupational therapist, physical therapy group, occupational therapy group, or mechanotherapist who may bill for these services directly.

(F) Services that do not meet the provisions outlined in Chapter 5101:3-34 of the Administrative Code and do not require the professional skills of a physician to perform or supervise the services are considered non-covered services.

Effective: 01/01/2008

R.C. 119.032 review dates: 10/16/2007 and 01/01/2013

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021, 5111.029

Prior Effective Dates: 10/1/83 (Emer.), 12/29/83, 1/1/86, 5/4/86, 6/16/88, 1/13/89 (Emer.), 9/1/89, 12/30/94 (Emer.), 3/30/95, 7/1/02

5101:3-4-27 Physician reimbursement of medical supplies and durable medical equipment.

(A) Medical supplies and durable medical equipment are items and equipment as defined in rule 5101:3-10-02 of the Administrative Code.

(B) A physician may not be separately reimbursed for medical supplies or durable medical equipment utilized in a physician’s office, clinic, or patient’s home during a physician’s visit.

(C) A physician may be reimbursed for medical supplies or durable medical equipment dispensed in the physician’s office, clinic, or patient’s home, for use in the patient’s home, if the physician has a “supplies and medical equipment” category of service.

(D) All physician’s who have a valid “medicaid provider agreement” are eligible to apply for and receive a “supplies and medical equipment” category of service.

(E) Scope and extent of coverage.

(1) The scope and extent of coverage of medical supplies or durable medical equipment services are detailed in Chapter 5101:3-10 of the Administrative Code.

(2) All medical supplies or durable medical equipment require a written prescription by a physician, which must be kept on file for six years in the physician’s office in accordance with rule 5101:3-1-17.2 of the Administrative Code.

(F) Reimbursement.

All claims for medical supplies or durable medical equipment must be billed in accordance with rule 5101:3-10-05 of the Administrative Code.

Replaces: Former 5101:3-4-27

Effective: 11/20/2007

R.C. 119.032 review dates: 11/01/2012

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 4/7/77, 12/21/77, 12/30/77, 1/8/79, 2/1/80, 5/19/86, 7/1/87, 4/1/88, 9/1/89

5101:3-4-28 Noncovered services.

The following physician services are noncovered:

(A) All services exceeding the policies and limitations defined in Chapter 5101:3-1 a of the Administrative Code.

(B) Services determined by the department as not medically necessary as defined in rule 5101:3-1-01 of the Administrative Code.

(C) Services of a preventive nature except preventive medicine services listed in rule 5101:3-4-34 of the Administrative Code.

(D) Abortions other than those that meet the criteria for coverage set forth in rule 5101:3-17-01 of the Administrative Code.

(E) Infertility services, defined in accordance with rule 5101:3-21-03 of the Administrative Code, including but not limited to artificial insemination, in vitro fertilization, assisted reproductive technologies (ART), and procedures for reversal of voluntary sterilization.

(F) Treatment of obesity, including but not limited to gastroplasty, gastric stapling, ileo-jejunal shunt, or other gastric restrictive procedures.

(J) Plastic or cosmetic surgery performed for aesthetic purposes, including, but not limited to: rhinoplasty, ear piercing, mammary augmentation or reduction, tattoo removal, excision of keloids, fascioplasty, osteoplasty

(prognathism and micrognathism), dermabrasion, skin grafts, lipectomy, and blepharoplasty.

(H) Services related to forensic studies.

(I) Paternity testing.

(J) Acupuncture.

(K) Biofeedback services.

(L) Services determined by another third-party payer or medicare as not medically necessary.

(M) Services of a research nature or services that are experimental and not in accordance with customary standards of medical practice.

(N) Autopsy services.

(O) Special services and reports listed under miscellaneous services in the CPT. “CPT” (current procedural terminology) as used in this rule is defined in rule 5101:3-1-19.3 of the Administrative Code.

(P) Assisted suicide and other services provided for the specific intent of causing, or assisting to cause death. Assisted suicide does not include withholding or withdrawing of medical treatment, care, nutrition, hydration, or provision of palliative care, even if the service may increase the risk of death, so long as the service is not furnished for the specific purpose of causing death.

(Q) Patient convenience items, including television service.

(R) Pregnancy related services pertaining to a pregnancy that is a result of a contract for surrogacy services. For the purposes of this rule, “surrogacy services” means a woman agrees to become pregnant for the purpose of gestating and giving birth to a child she will not raise, but hand over to a contracted party.

Effective: 07/01/2009

R.C. 119.032 review dates: 04/14/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021 Prior Effective Dates: 4/7/77, 12/21/77, 12/30/77, 7/1/80, 10/1/87, 9/1/89, 4/1/92 (Emer), 7/1/92, 7/1/93, 1/4/00 (Emer), 3/20/00, 12/31/01 (Emer), 3/9/02, 12/30/05 (Emer), 3/27/06, 11/13/06

5101:3-4-29 Services provided for the diagnosis and treatment of mental and emotional disorders.

(A) Definitions.

(1) For the purpose of this rule, “direct supervision and general supervision” by a physician are defined in rule 5101:3-4-02 of the Administrative Code.

(2) “Clinical social worker (CSW)” is defined in rule 5101:3-16-01 of the Administrative Code.

(3) “Licensed social worker” is defined in section 4757.28 of the Revised Code;

(4) “Professional counselor” is as defined in rule 4757-3-01 of the Administrative Code; and

(5) “Professional clinical counselor” is as defined in rule 4757-3-01 of the Administrative Code.

(6) “Non-physician” as used in this rule means either a clinical social worker, licensed social worker, professional counselor, professional clinical counselor, or clinical psychologist.

(B) Covered clinical psychiatric diagnostic services, evaluative procedures and therapeutic procedures personally provided by a physician are directly reimbursable to the physician, regardless of the place of service.

(C) Services for the diagnosis and treatment of mental and emotional disorders are covered as physician services when the services are performed by a licensed social worker, professional counselor, or professional clinical counselor who is employed by or under contract with the physician or clinic as long as the services provided are within the licensed social worker’s professional counselor’s, or professional clinical counselor’s scope of practice as defined in Chapter 4757. of the Revised Code and:

(1) The services performed by a clinical social worker are provided under the general supervision of a physician;

(2) The services performed by a licensed social worker who does not meet the requirements of a clinical social worker are provided;

(a) Under the direct supervision of a physician; or

(b) Under the general supervision of a physician and the direct supervision of a clinical social worker.

(3) The services performed by a professional counselor are provided under the direct supervision of a physician as described in rule 5101:3-4-02 of the Administrative Code;

(4) The services performed by a professional clinical counselor are provided under the general supervision of a physician as described in rule 5101:3-4-02 of the Administrative Code.

(D) A licensed social worker, a clinical social worker, professional counselor or professional clinical counselor may not be directly reimbursed for services provided under the medicaid program. Services of a licensed social worker, clinical social worker, professional counselor or professional clinical counselor may only be billed by and reimbursed to the employing or contracting physician or clinic only when the following provisions are met:

(1) The supervision requirements listed in paragraph (C) of this rule have been met; and

(2) The physician provides supervision which, at a minimum, includes the following:

(a) Discussion about the progress of the patient toward specified goals;

(b) Updating treatment plans as needed; and

Countersigning the therapist’s signature is insufficient evidence of active supervision.

(E) Physicians or clinics may not be reimbursed for services provided by a licensed social worker clinical social worker, professional counselor or professional clinical counselor if the services are provided to patients in the inpatient hospital setting, in the outpatient hospital setting, or to resident of a LTCF.

(1) Services provided by a licensed social worker CSW, professional counselor or professional clinical counselor to patients in the inpatient or outpatient hospital setting are covered as hospital services in accordance with Chapter 5101:3-2 of the Administrative Code and may not be reimbursed separately.

(2) Services provided by a licensed social worker CSW, professional counselor or professional clinical counselor to residents of a long-term care facility are covered only as long-term care facility services in accordance with rule 5101:3-3-20.1 of the Administrative Code.

(F) The following services are noncovered under the medicaid program:

(1) Services provided in facilities regulated by the state board of education;

(2) Sensitivity training, encounter groups or workshops;

(3) Sexual competency training;

(4) Marathons and retreats for mental disorders; and

(5) Educational activities, testing and diagnosis;

(6) Monitoring activities of daily living;

(7) Recreational therapy (art, play, dance, or music);

(8) Teaching grooming skills;

(9) Services primarily for social interaction, diversion, or sensory stimulation;

(10) Psychotherapy services are not covered if the patient’s cognitive deficit is too severe to establish a relationship with the psychotherapist; and

(11) Family therapy psychotherapy involving training of family members or care givers if the purpose is the management of the patient.

(G) For reimbursement for services provided by non-physicians meeting the criteria in paragraph (C) of this rule, the services must be billed using the following codes and modifiers:

(1) Billable codes and services:

(a) For individual therapy, bill the standard individual therapy codes specified in paragraphs (D)(2)(a)(i) to (D)(2)(a)(ii) and (D)(2)(a)(iv) to (D)(2)(a)(v) of rule 5101:3-8-05 of the Administrative Code;

(b) For group therapy, bill the standard codes specified in paragraphs (D)(2)(b)(i) to (D)(2)(b)(iv) of rule 5101:3-8-05 of the Administrative Code.

(2) Modifiers to signify the level of educational training of a non-physician providing therapy services:

(a) If the non-physician providing the service is a clinical social worker, bill the appropriate code modified by “AJ” to signify that a clinical social worker provided the service.

(b) If the non-physician providing the service is a clinical psychologist, bill the appropriate code modified by “AH” to signify that a clinical psychologist provided the service.

(c) If the non-physician providing the service holds a doctoral degree and is not a clinical psychologist, bill the appropriate code modified by “HP” to signify a doctoral level trained professional.

(d) If the non-physician providing the service holds a master’s degree and is not a clinical social worker, bill the appropriate code modified by “HO” to indicate a masters degree level trained professional.

(e) If the non-physician providing the service holds a bachelor’s degree only, bill the appropriate code, modified by “HN” to signify that a bachelor’s level clinical staff person provided the service.

(3) Reimbursement for therapy provided by a non-physician will be reimbursed at the following levels:

(a) For services provided by a clinical psychologist, services will be reimbursed as stated in paragraph (D) (2) of rule 5101:3-8-05 of the Administrative Code.

(b) For individual therapy provided by non-physicians except as described in paragraph (G) (3) (a) of this rule, services will be reimbursed at the lesser of the provider’s billed charge or fifty per cent of the medicaid maximum for the individual therapy code.

(c) For group therapy services provided by non-physicians except as described in paragraph (G) (3) (a) of this rule, services will be reimbursed at the lesser or the provider’s billed charge or fifty per cent of the medicaid maximum for the group therapy code.

(H) The patient’s medical record must substantiate the nature of the services billed including:

(1) The medical necessity of the services billed;

(2) A treatment plan which is signed and dated by the physician prior to initiating therapy. The treatment plan shall include but is not limited to:

(a) Relevant medical and psychiatric diagnoses;

(b) Treatment goals;

(d) Response to treatment on an on-going basis;

(e) Prognosis; and

(f) Evidence of sufficient cognitive ability to benefit from therapy.

(3) Any medications prescribed;

(4) Information regarding the patient’s symptoms, functional impairment, type, duration, and frequency of treatment including dates of treatment sessions;

(5) The face-to-face time period spent with the patient;

(6) Test results, if applicable.

HISTORY: Eff 2-17-91; 11-1-01; 10-1-03

Rule promulgated under: RC 119.03

Rule authorized by: RC 5111.02

Rule amplifies: RC 5111.01, 5111.02

R.C. 119.032 review dates: 01/07/2003 and 10/01/2008

5101:3-4-31 Coverage of extra corporeal membrane oxygenator (ECMO) services.

(A) A physician may be reimbursed for the professional services associated with ECMO treatments for patients that meet the criteria for ECMO as set forth by the hospital where the service is performed. The hospital’s criteria for ECMO must be consistent with acceptable medical practices for this treatment.

(B) The department will not cover ECMO treatments performed for conditions for which the efficacy of ECMO have not been established and the treatments have not been accepted as standard medical practice for the patient’s condition. ECMO under these circumstances will be considered an experimental procedure.

(C) The physician who performed the procedure for inserting the cannula for the ECMO procedure and initiating the ECMO treatment may be reimbursed for these services by billing CPT code 36822.

(D) Reimbursement is available for professional services associated with the maintenance and management of ECMO treatments provided over a twenty-four-hour period.

(E) Except as provided for in paragraph (F) of this rule, reimbursement for evaluation and management services, including newborn critical care services, are bundled into the reimbursement for ECMO.

(F) Reimbursement is available for evaluation and management services, including newborn critical care services, provided prior to the decision to initiate ECMO treatments.

(G) Reimbursement is available for surgical, diagnostic, and therapeutic services personally provided to the patient by the physician during the ECMO treatment if those services are not an integral part of the ECMO treatment.

(H) For the supervising physician to be entitled to reimbursement when residents, interns, or fellows are involved in the management of a patient during an ECMO treatment, the medical records must demonstrate that the supervising physician was personally present in the unit with sufficient regularity during the twenty-four-hour period that it could be concluded that the supervising physician was personally responsible for the patient’s care during the ECMO treatment.

(I) Providers should bill CPT code 33960 for the first twenty-four hours and 33961 for each additional twenty-four hours.

(b) Under no circumstances shall more than twenty-four hours of ECMO services be reimbursed in total to more than one provider.

R.C. 119.032 review dates: 04/29/2004 and 04/29/2009

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02

Prior Effective Dates: 5/25/91, 4/1/92, (emerg.), 7/1/92, 3/31/94

5101:3-4-33 Coverage of fluoride varnish by non-dental providers.

(A) Physicians may be reimbursed for the professional services associated with the application of fluoride varnish for children from first tooth eruption to age three. This service is billable in addition to a well or sick child visit but should not be the sole reason for the visit.

(1) In order to be reimbursed for the professional services associated with the application of fluoride varnish, physicians must submit current dental terminology (CDT) code D1203 as contained in the HCPCS level II codes set as defined in 5101:3-1-19.3 on a physician claim form.

(2) Coverage of fluoride varnish application by physicians is limited to one application every one hundred and eighty days.

(B) The application of fluoride varnish has three components each of which must be performed: oral assessment, varnish application and referral.

(1) The oral assessment is for the identification of obvious oral health problems and risk factors. When combined with an EPSDT visit , the oral assessment does not need to be repeated prior to fluoride varnish application.

(2) At the time of the fluoride varnish application, parents/guardians must be provided with information about the fluoride varnish procedure and proper oral health care for their child.

(3) If the child has obvious oral health problems and does not have a dental provider, the physician must provide referral to a dentist or the county department of job and family services.

Effective: 07/01/2006

R.C. 119.032 review dates: 07/01/2011

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02

5101:3-4-34 Preventive medicine services.

(A) Preventive medicine is that part of medicine engaged with preventing disease and the maintenance of good health practices. The purpose of preventive medicine is to take a proactive approach to avoiding disease, disability, and death.

(B) Medicaid-covered preventive medicine services may include, but are not necessarily limited to:

(1) All healthcheck (EPSDT) services in accordance with Chapter 5101:3-14 of the Administrative Code;

(2) Immunizations in accordance with rule 5101:3-4-12 of the Administrative Code;

(3) Gynecologic examinations that include pelvic and breast examinations, and pap smears;

(4) Pregnancy prevention/contraceptive management visits and services in accordance with rule 5101:3-21-02 of the Administrative Code;

(5) Pregnancy related services in accordance with rule 5101:3-4-10 of the Administrative Code;

(6) Annual chest x-rays for long term care facility (LTCF) residents;

(7) The required physician visits for LTCF residents;

(8) Routine infant checkups;

(9) Mammography services in accordance with rule 5101:3-4-25 of the Administrative Code;

(10) Required physicals for employment or for participation in job training programs, when the employer does not provide a physical free of charge or when other available funds do not pay for an employment physical. Documentation to support that the physical was performed for employment must be in the patient’s medical records;

(11) Required annual physical examinations for individuals living in residential facilities licensed by the Ohio department of mental retardation and developmental disabilities. This annual examination is not required for those individuals who are receiving ongoing medical services from a licensed physician;

(12) Prostate cancer screening tests;

(13) Glaucoma screening in accordance with Chapter 5101:3-06 of the Administrative Code; and

(14) Screening colonoscopies for individuals age fifty or older or for high-risk patients. “High risk” is defined in “Your Guide to Medicare’s Preventive Services,” (01/2009) which can be found at http://www.medicare.gov/publications/pubs/pdf/10110.pdf. A physician must perform the screening.

(C) For required physicals for employment or job training programs mentioned in paragraph (B)(10) of this rule, providers should bill the proper office visit code (not preventive visit code) if the recipient is over age twenty-one years of age.

Effective: 07/01/2009

R.C. 119.032 review dates: 04/14/2009 and 07/01/2014

Promulgated Under: 119.03

Statutory Authority: 5111.02

Rule Amplifies: 5111.01, 5111.02, 5111.021

Prior Effective Dates: 4/7/77, 12/21/77, 12/30/77, 7/1/80, 10/1/87, 9/1/89, 4/1/92 (Emer), 7/1/92, 7/1/93, 1/4/00 (Emer), 3/20/00, 12/31/01 (Emer), 3/9/02, 12/30/05 (Emer), 3/27/06, 11/13/06