Provider-Based: General Information
CMS issued a Program Memorandum (PM) on April 18, 2003, which gives instructions on implementing the provider-based regulations. The regulations are in 42 CFR §413.65 and describe the criteria and procedures for determining whether a facility or organization is provider-based.
These regulations were effective October 1, 2002, for facilities or organizations that are not 'grandfathered' as provider-based. For 'grandfathered' facilities, the regulations are effective for cost reporting periods beginning on or after July 1, 2003. The Program Memorandum (PM) provides background information on the provider-based regulations and information on the attestation process.
In general, this is a voluntary attestation process. Providers are no longer required to apply for and receive a provider-based determination prior to billing as provider-based. Although not required, there are significant benefits to self-attesting. As a result of submitting an attestation, a review and determination will be performed. For specific information on the attestation process refer to Provider-Based: Attestation Process.
- Background information on the provider-based regulations
on the attestation process that began on October 1, 2002 and addresses
the following questions.
- Is an attestation required?
- Should grandfathered facilities submit self-attestations?
- What are the benefits of self-attesting?
- Who is responsible for processing the attestations and making provider-based determinations?
- Is there a required form that must be used for attestations?
- What should be included in the attestation?
- Content of attestations for On-campus facilities
- Content of attestations for Off-campus facilities
- Additional issues to consider for attestations
The following items offer general information on the types of providers impacted by the provider-based requirements and the attestation process.
- What provider types are impacted by the provider-based regulations?
Provider types impacted are those for which provider-based status affects the Medicare payment. The common situation is outpatient clinics of hospitals. If considered provider-based, the clinic would bill a facility charge under the hospital number to the intermediary and the physician's professional services to the carrier. If not considered provider-based, the clinic services would only be billed to the carrier.
- Many provider types are NOT impacted because provider-based
status does not affect the amount of payment.
Specifically, provider-based determinations are NOT made for following facilities. This means no attestation statement needs to be submitted for these provider types.
- Ambulatory surgical centers (ASCs);
- Comprehensive outpatient rehabilitation facilities (CORFs);
- Home health agencies (HHAs);
- Skilled nursing facilities (SNFs);
- Inpatient rehabilitation units that are excluded from the inpatient prospective payment system for acute hospital services;
- Independent diagnostic testing facilities furnishing only services paid under a fee schedule;
- Facilities other than those operating as parts of critical access hospitals (CAHs) that furnish only physical, occupational, or speech therapy to ambulatory patients (as long as the $1500 annual cap is suspended);
- ESRD facilities (42 CFR 413.174 applies);
- Departments of providers that perform functions necessary for the successful operation of the providers but do not furnish services of a type for which separate payment could be claimed under Medicare or Medicaid (for example, laundry or medical records departments);
- Campus Criteria
For purposes of these regulations, the definition of 'campus' affects the criteria that applies. Campus means the physical area immediately adjacent to the provider's main buildings. A facility within 250 yards of the main buildings is generally considered to be on-campus. A facility outside of the 250 yard criteria but within 35 miles of the campus is generally considered to be off-campus.
To be considered provider-based, the on-campus criteria must be met. For off-campus facilities additional requirements must be met. Please refer to the attestation statement located under Provider-Based: Attestation Process.
- Supporting Documentation
On-campus facilities are to maintain documentation supporting the attestation responses, but do not have to submit it with the attestation statement. Off-campus facilities must submit documentation supporting the responses when the attestation is submitted.
The attestation statements can be sent to the Provider Reimbursement Department (changed from Part A Provider Enrollment) at the following address:
J15 Part A Provider Reimbursement
P.O. Box 100148
Columbia, SC 29202-3148