Medicare Blog

how to be in compliance for out of pocket physical therapy for medicare beneficiary

by Dr. Joan Howe Published 2 years ago Updated 1 year ago

If you get physical therapy without a doctor's order, Medicare normally won't cover it. In that case, your therapist must give you a written notice called an Advance Beneficiary Notice of Noncoverage (ABN) stating that Medicare may not pay for the service. If you choose to go ahead with the therapy, you are agreeing to pay in full.

Full Answer

Should physical therapists be allowed to collect out of pocket?

Here is the information: “PPS/APTA recommends Congress extend to physical therapist the policy allowing these professionals to collect out of pocket from a Medicare beneficiary.

Can I Opt Out of Medicare and accept cash for PT?

Due to the Social Security Act we can not “opt out” and accept cash for PT services. However, has a non participating Medicare provider who does not accept assignment for Medicare we can accept cash at time of service based on the physician fee schedule and submit the claim to Medicare and the patient would get reimbursed directly from Medicare.?

Can physical therapists receive Medicare cash payments?

To take an extremely confusing topic and boil it down into a super-quick explanation, PTs can only accept cash payment from Medicare beneficiaries if the services rendered are “not covered” by Medicare—either due to statutory exclusion (think wellness and fitness services) or lack of medical necessity.

Can a cash-pay PT render Medicare covered-services to a beneficiary?

Further, as outlined in the Medicare Benefit Policy Manual, a cash-pay PT may render Medicare covered-services to a Medicare beneficiary who “refuses, of his/her own free will, to authorize the submission of a bill to Medicare.”

Can Medicare clients pay out of pocket?

Keep in mind, though, that regardless of your relationship with Medicare, Medicare patients can always pay out-of-pocket for services that Medicare never covers, including wellness services.

What does Medicare consider medically necessary for physical therapy?

En español | Medicare will pay for physical therapy that a doctor considers medically necessary to treat an injury or illness — for example, to manage a chronic condition like Parkinson's disease or aid recovery from a fall, stroke or surgery.

Does Medicare reimburse physical therapy?

Medicare can help pay for physical therapy (PT) that's considered medically necessary. After meeting your Part B deductible, Medicare will pay 80 percent of your PT costs. PT can be an important part of treatment or recovery for a variety of conditions.

Can a patient be self pay if they have Medicare?

True Blue. The Social Security Act states that participating providers must bill Medicare for covered services. The only time a participating-provider can accept "self-payments" is for a non-covered service. For Non-participating providers, the patient can pay and be charged up to 115% of the Medicare Fee Schedule.

How many PT sessions will Medicare pay for?

There's no limit on how much Medicare pays for your medically necessary outpatient therapy services in one calendar year.

Which goal of physical therapy services would be reimbursed by Medicare?

Medicare will reimburse therapists for “the establishment or design of a maintenance program,” “the instruction of the beneficiary or appropriate caregiver,” and the “necessary periodic re-evaluations…of the beneficiary and maintenance program.”

Does Medicare cover outpatient physical therapy?

Yes. Physiotherapy can be covered by Medicare so long as it's a chronic and complex musculoskeletal condition requiring specific treatment under the CDM.

Will Medicare pay for physical therapy at home?

Medicare Part B medical insurance will cover at home physical therapy from certain providers including private practice therapists and certain home health care providers. If you qualify, your costs are $0 for home health physical therapy services.

Does Medicare cover physical therapy for arthritis?

Medicare Part B Medicare will usually cover doctor's visits related to arthritis, physical therapy, and some DME, such as splints, braces, walkers, or canes. A person is often required to obtain prior authorization from Medicare before purchasing equipment or pursuing therapy services.

Does a patient have to use their insurance?

Thanks to HIPAA/HITECH regulations you have the ability to have a patient opt-out of filing their health insurance. The only caveat is they must pay you in full. In February 2009, former President Obama signed into law the American Recovery and Reinvestment Act (ARRA).

What is the No surprise act?

Effective January 1, 2022, the No Surprises Act (NSA) protects you from surprise billing if you have a group health plan or group or individual health insurance coverage, and bans: Surprise bills for emergency services from an out-of-network provider or facility and without prior authorization.

Can you charge self-pay patients more than Medicare?

It's a gray area. Here's my answer: Yes, you can charge self-pay patients less than Medicare, but you want to make it clear that this lower charge is not your “usual and customary fee” (lest Medicare decides to pay you that much, too).

What is a POC in rehabilitation?

Outpatient rehabilitation therapy services must relate directly and specifically to a written treatment plan (also known as the POC). You must establish the treatment plan/POC before treatment begins, with some exceptions. CMS considers the treatment plan/POC established when it is developed (written or dictated) by a PT, an OT, an SLP, a physician, or an NPP. Only a physician may establish a POC in a Comprehensive Outpatient Rehabilitation Facility (CORF).

How often do you need to recertify a POC?

Sign the recertification, documenting the need for continued or modified therapy whenever a significant POC modification becomes evident or at least every 90 days after the treatment starts. Complete recertification sooner when the duration of the plan is less than 90 days, unless a certification delay occurs. CMS allows delayed certification when the physician/NPP completes certification and includes a delay reason. CMS accepts certifications without justification up to 30 days after the due date. Recertification is timely when dated during the duration of the initial POC or within 90 calendar days of the initial treatment under that plan, whichever is less.

How long does a POC last?

The physician’s/NPP’s signature and date on a correctly written POC (with or without an order) satisfies the certification requirement for the duration of the POC or 90 calendar days from the date of the initial treatment, whichever is less. Include the initial evaluation indicating the treatment need in the POC.

How long does a HCPCS code have to be in a day?

CMS requires that when you provide only one 15-minute timed HCPCS code in a day, that you do not bill that service if performed for less than 8 minutes. When providing more than one unit of service, the initial and subsequent service must each total at least 15 minutes, and the last unit may count as a full unit of service if it includes at least 8 minutes of additional services. Do not count all treatment minutes in a day to one HCPCS code if more than 15 minutes of one or more other codes are furnished.

Is physical therapy covered by Medicare?

If physical therapy is preventing or slowing a patient’s decline (i.e., the treatment is medically necessary )—and a non-skilled person (such as a trainer, caregiver, or partner) cannot safely provide treatment— then that treatment is covered by Medicare.

Is continuing skilled PT necessary?

Carefully consider whether continuing skilled PT is medically necessary. If the services you plan to deliver moving forward do not meet Medicare’s standard of medical necessity, then you’ll need to make the patient aware of this. And if he or she wants to continue receiving treatment that is usually covered by Medicare—even if that means paying out of pocket—then you’ll need to document that.

Can you collect cash from Medicare after you have met the soft cap?

Collecting cash payments from Medicare patients after they’ve met the therapy soft cap. There’s technically no “cap” on therapy services anymore, but the remaining “threshold” (a.k.a. soft cap) still per plexes cash-based therapists.

Can you accept cash payment from Medicare?

If you’re a non-participating Medicare provider, you may assume it’s fine to accept cash payment from Medicare patients for covered services. And technically, you can do exactly that––provided you then bill Medicare so the patient can get reimbursed. Many clinicians miss the second point, making them non-compliant.

Can a physical therapist opt out of Medicare?

Unlike many other types of practitioners, physical therapists cannot “opt out” of Medicare. In fact, the closest thing PTs have to “opting out” is simply not having any type of relationship with Medicare.

Can PTs accept Medicare?

To take an extremely confusing topic and boil it down into a super-quick explanation, PTs can only accept cash payment from Medicare beneficiaries if the services rendere d are “not covered” by Medicare—either due to statutory exclusion (think wellness and fitness services) or lack of medical necessity.

What is the Medicare claim submission rule?

It requires that a supplier “complete and submit a claim” for services “for which payment is made under [Medicare].” But a cash PT who has no relationship necessarily cannot “complete and submit a claim” to Medicare for the PT’s services, and thus payment cannot be “made under” the program. Similarly, the definition of a “supplier” incorporated into the rule is a “physician or other practitioner, a facility, or other entity (other than a provider of services) that furnishes items or services under [Medicare.]” [4] A cash PT as described in this context does not provide services “under” Medicare.

What is a non-participating supplier?

Non-Participating Supplier – A “non-participating supplier” is a supplier who is enrolled in Medicare but is allowed, on a service-by-service basis, to either bill the beneficiary directly or accept assignment from Medicare.

What is an ABN in Medicare?

Advance Beneficiary Notice (ABN) – An ABN is a notice issued by a supplier prior to rendering services that the supplier believes will not be covered by Medicare because the supplier believes the service will not meet Medicare’s medical necessity requirement.

What is covered service?

Covered Service – A service that is “covered” by Medicare is one that falls within an authorized benefit category and meets the applicable requirements of the specific service. A universal requirement for Medicare coverage is that the service be “reasonable and necessary” or “medically necessary.”.

Can cash PTs use ABNs?

This means that cash PTs who have no relationship with Medicare cannot use ABNs to facilitate cash-pay transactions for services with Medicare beneficiaries. Aside from these exceptions, the Medicare Benefit Policy Manual indicates the Medicare Mandatory Claims Submission Rule has a broad reach: Application of [the Medicare Mandatory Claims ...

Can PTs opt out of Medicare?

Although PTs are not legally required to enroll in Medicare as either a participating or nonparticipating supplier, current law does not recognize them as a category of supplier who can “opt out” of Medicare – which has implications for Medicare Mandatory Claims Submission Rule compliance, as discussed below.

Does Medicare require a claim submission?

The Medicare Mandatory Claims Submission Rule does not apply to physicians and certain other categories of suppliers who have opted out of Medicare. Thus, these suppliers may bill a Medicare beneficiary for Medicare-covered services under a private contract that complies with Medicare’s opt-out requirements. [3] .

Can you take self-pay for therapy?

It means that although you cannot take self-payment for therapy that would normally be covered by Medicare, there is a whole world of cash-pay services you can legally provide to this patient population. Over time, I will expand on some specific ideas for such services and programs.

Does PPS/APTA extend to physical therapists?

It’s from the PPS/APTA to the Ways and Means Committee. Here is the information: “PPS/APTA recommends Congress extend to physical therapist the policy allowing these professionals to collect out of pocket from a Medicare beneficiary.

Do retirees have to have Medicare Part B?

From my research, retirees must have Medicare Part B in order to have Tricare for Life. There are a few exceptions to this rule, so you’ll need to confirm with each patient, but most of these patients will have Medicare Part B coverage. Furthermore, Medicare is the “Primary Payor” and Tricare is the secondary payor.

Can you accept self payment from Medicare?

It is always our choice as to who we accept as a patient; but if that patient is a Medicare beneficiary then we can only accept self-payment from them if the services are considered “non-covered” by Medicare. With this information, I then investigated these “non-covered” services with the labels “prevention,” “wellness,” or “fitness.”.

Can a physical therapist be on Medicare?

The Social Security Act has a mandatory claims submission requirement, so a Physical Therapist cannot choose to not enroll in the Medicare program And collect cash from  a Medicare beneficiary. If the service is “non-covered” (e.g. “prevention, wellness, fitness”), then a Physical Therapist can collect out of pocket payment from the beneficiary;

Does Medicare pay for physical therapy?

Basic Medicare guidelines for a cash-pay practice. If a non-enrolled Physical Therapist provides services to a Medicare beneficiary that would normally be covered by Medicare, he/she is required to bill Medicare directly and is not allowed to accept self-payment for these services.

What is part B in physical therapy?

Physical therapy. Part B covers certain doctors' services, outpatient care, medical supplies, and preventive services. Health care services or supplies needed to diagnose or treat an illness, injury, condition, disease, or its symptoms and that meet accepted standards of medicine. outpatient physical therapy.

What is Medicare approved amount?

Medicare-Approved Amount. In Original Medicare, this is the amount a doctor or supplier that accepts assignment can be paid. It may be less than the actual amount a doctor or supplier charges. Medicare pays part of this amount and you’re responsible for the difference. , and the Part B deductible applies.

What does Medicare expect from you?

Medicare expects you to evaluate the patient, determine their rehabilitation needs and address those needs. One of those inaccurate impressions is the belief the patient must be making objective progress in order to continue with rehabilitation.

What does the KX modifier mean for PT?

The KX modifier simply indicates to Medicare that specific treatment continues to be medically necessary and requires the skills of the PT/OT in order to continue towards meeting the patient’s goals. This serves as a mental check on whether the care continues to be reasonable and necessary.

How long is Medicare billing?

When billing timed CPT codes, Medicare not only looks at the individual 15-minute units but also considers the total time when factoring the allowable payment. This is commonly known as the 8-23-minute rule.

What is the TPE program?

CMS now uses the Target ed Probe and Educate program (TPE) to review selected claims and educate providers on Medicare billing requirements. Currently, the CMS is targeting only those practices with the highest denial rate or with billing practices that are substantially different than their peers.

How did Medicare come into existence?

Medicare came into being through legislation, signed into law by President Lyndon Johnson, as part of the Social Security Amendments of 1965. It’s funded by payroll deductions as an addition to your Social Security deductions (FICA) as well as premiums paid for those receiving Part B benefits.

What is the coverage gap for 2020?

You may have heard of the “donut hole” which is also called the coverage gap and begins when the Medicare beneficiary has spent $4020 (for 2020) between their Medicare payment and their out-of-pocket payments. The patient exits the gap when total expenses reach $6350 (2020).

What is important about Medicare?

One of the more valuable things about Medicare is they tell you exactly what they are looking for in their documentation requirements. For starters, documentation must support the medical necessity of the care provided. This means your notes must be comprehensive enough and contain sufficient detail so anyone reviewing the medical record may easily see what you are treating and why you are providing that specific treatment. They should also be able to easily see if there is progress towards achieving the patient’s functional goals.

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