Medicare Fee-For-Service (FFS) Policy Regarding 90 Day Discretionary 
Enforcement Period for Non-Compliant HIPAA Covered Entities

The Centers for Medicare and Medicaid Services (CMS) 
announced<https://www.cms.gov/ICD10/Downloads/CMSStatement5010EnforcementDiscretion111711.pdf>
 it would not initiate enforcement action with respect to any HIPAA covered 
entity that is non-compliant with Version 5010, NCPDP, NCPDP D.0 and 3.0 
standards until 90 days after the upcoming January 1, 2012 compliance date. 
Although compliance will not be enforced for Version 5010 until April 1, 2012, 
it is important to continue to take the necessary steps to complete your 
transition to Version 5010 as soon as possible.

What the 90 Day Discretionary Enforcement Period Means For Medicare 
Fee-For-Service
Medicare FFS has experienced significant increases in 5010 production 
transactions during the last few months. However, there are many submitters 
that have tested but not taken the step to move into production for 5010 and 
D.0. In addition, there are many submitters that have not yet initiated testing 
with their Medicare Administrative Contractor (MAC). Therefore, to ensure that 
submitters and receivers continue to make progress, Medicare FFS is planning to 
take the following steps for submitters and receivers of Medicare Part B and 
Durable Medical Equipment (DME) transactions:

 *   In December 2011, submitters and receivers that have tested and been 
approved for 5010/D.0 will be notified that they have 30 days to cutover to the 
5010/D.0 versions.
 *   Submitters and receivers that have not yet tested will be notified in 
December 2011 that they must submit their transition plans and timelines to 
their MAC within 30 days.
 *   MACs will notify the submitters and receivers, but submitters/receivers 
have the responsibility to notify the providers they service.

Note: Submitters and receivers of Medicare Part A transactions will follow the 
same action plan starting 30 days after Part B and DME.

Keep Up to Date on Version 5010 and ICD-10.
Please visit  the CMS ICD-10 website<http://www.cms.gov/ICD10> for the latest 
news and resources, and to download and share the implementation 
widget<http://www.browserspring.com/widgets/cms2/iframe.html> today!
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Each Office Visit is an Opportunity. Medicare patients give many reasons for 
not getting their annual flu vaccination, but the fact is that flu seasons are 
unpredictable and can be severe. Each year, it is estimated that 90 percent of 
seasonal flu-related deaths and more than 60 percent of seasonal flu-related 
hospitalizations occur in people 65 years and older. Please talk with your 
Medicare patients about the importance of getting their annual flu vaccination. 
And remember, vaccination is important for healthcare workers too, who may 
spread the flu to high risk patients. Don't forget to immunize yourself and 
your staff. Protect your patients. Protect your family. Protect yourself. Get 
the Flu Vaccine-Not the Flu.
Remember - The flu vaccine plus its administration are covered Part B benefits. 
 CMS has posted the 2011-2012 seasonal flu vaccine payment limits at 
http://www.CMS.gov/McrPartBDrugAvgSalesPrice/10_VaccinesPricing.asp.  Note that 
the flu vaccine is NOT a Part D-covered drug.
For more information on coverage and billing of the flu vaccine and its 
administration, as well as related educational provider resources, visit 
http://www.CMS.gov/MLNProducts/35_PreventiveServices.asp and 
http://www.cms.gov/immunizations.

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