Extension of Moratorium That Allows Independent Laboratories to Bill for
the Technical Component (TC) of Physician Pathology Services Furnished
to Hospital Patients 

 

On March 23, 2010, President Obama signed into law the Patient
Protection and Affordable Care Act, which extends the moratorium that
allows independent laboratories to bill for the TC of physician
pathology services furnished to patients in hospitals, effective for
claims with dates of service on and after January 1, 2010, through
December 31, 2010.

 

In the final physician fee schedule regulation published in the Federal
Register on November 2, 1999, CMS stated that it would implement a
policy to pay only the hospital for the TC of physician pathology
services furnished to hospital patients.  At the request of industry, to
allow independent laboratories and hospitals sufficient time to
negotiate arrangements, the implementation of this rule was
administratively delayed.  Subsequent legislation formalized a
moratorium on the implementation of the rule.  

 

Although the previous extension of the moratorium expired at the end of
2009, Section 3104 of the Patient Protection and Affordable Care Act
restored the moratorium retroactive to January 1, 2010.  Therefore,
independent laboratories may now submit claims to Medicare for the TC of
physician pathology services furnished to patients of a hospital,
regardless of the beneficiary's hospitalization status (inpatient or
outpatient) on the date that the service was performed.  This policy is
effective for claims with dates of service on or after January 1, 2010,
through December 31, 2010.  If an independent laboratory previously
submitted a claim for services covered by this provision and the claim
was denied, the laboratory may contact its Medicare contractor for
further instructions.

 

 


Expiration of Therapy Cap Exceptions Process

 

On March 23, 2010, President Obama signed into law the Patient
Protection and Affordable Care Act, which extends the exceptions process
for outpatient therapy caps (see Section 3103).  Outpatient therapy
service providers may continue to submit claims with the KX modifier,
when an exception is appropriate, for services furnished on or after
January 1, 2010, through December 31, 2010.   

 

The therapy caps are determined on a calendar year basis, so all
patients began a new cap year on January 1, 2010.  For physical therapy
and speech language pathology services combined, the limit on incurred
expenses is $1,860.  For occupational therapy services, the limit is
$1,860.  Deductible and coinsurance amounts applied to therapy services
count toward the amount accrued before a cap is reached.     

 

Please be on the alert for more information pertaining to the Patient
Protection and Affordable Care Act.

 

 

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