Medicare Blog

how to recover medicare provider billing privileges

by Mrs. Laury Hand IV Published 2 years ago Updated 1 year ago
image

When deactivated for any reason other than nonsubmission of a claim, the provider or supplier must complete and submit a new enrollment application to reactivate its Medicare billing privileges or, when deemed appropriate, at a minimum, recertify that the enrollment information currently on file with Medicare is correct.

As you may recall, to maintain its Medicare billing privileges, an enrolled provider or supplier must “revalidate” their enrollment every five years. This is accomplished by resubmitting and recertifying their Medicare enrollment information.

Full Answer

What happens to a provider’s Medicare billing privileges once approval is granted?

Once approval is obtained, the provider’s Medicare billing privileges are normally revoked, retroactive to the date that the CMS contractor determined that the provider was not operational. [9] As set out in the Federal Register:

How do I reactivate my Medicare billing privileges?

“Pause button” o Provider or supplier must complete and submit a new enrollment application to reactivate its Medicare billing privileges o Or, when deemed appropriate, recertify that the enrollment information on file is correct o See 42 C.F.R. § 424.540(a) 3 REVOCATION AUTHORITY 4 5

What happens if I don’t revalidate my Medicare billing privileges?

Failing to revalidate on time could result in a hold on your Medicare reimbursement or deactivation of your Medicare billing privileges. If your Medicare billing privileges are deactivated, you’ll need to re-submit a complete Medicare enrollment application to reactivate your billing privileges.

What is deactivation of Medicare billing privileges?

Deactivation of Medicare billing privileges is considered an action to protect the provider or supplier from misuse of its billing number and to protect the Medicare Trust Funds from unnecessary overpayments.

image

How do I correct a Medicare billing error?

If the issue is with the hospital or a medical provider, call them and ask to speak with the person who handles insurance. They can help assist you in correcting the billing issue. Those with Original Medicare (parts A and B) can call 1-800-MEDICARE with any billing issues.

What is Medicare revocation?

Medicare billing privileges can be revoked for twenty-two enumerated reasons, including non-compliance with Medicare enrollment requirements, felony convictions, and failure to respond to requests for medical records.

How long can CMS bar a revoked provider from re enrolling?

(3) CMS may impose a reenrollment bar of up to 20 years on a provider or supplier if the provider or supplier is being revoked from Medicare for the second time. In determining the length of the reenrollment bar under this paragraph (c)(3), CMS considers the following factors: (i) The reasons for the revocations.

How do I appeal a Medicare revocation?

A provider must submit a written ALJ appeal request within 60 days from the date of the reconsideration decision. An ALJ hearing is an adversarial process with a CMS attorney assigned by the Regional Office of General Counsel to represent CMS during the ALJ hearing.

What is the CMS preclusion list?

What is the Preclusion List? A list of providers and prescribers who are precluded from receiving payment for Medicare Advantage (MA) items and services or Part D drugs furnished or prescribed to Medicare beneficiaries.

What is a MA organization?

MA organization means a public or private entity organized and licensed by a State as a risk-bearing entity (with the exception of provider-sponsored organizations receiving waivers) that is certified by CMS as meeting the MA contract requirements.

What is a Medicare condition of payment?

As the name suggests, a condition of payment is a rule, regulation, or requirement that must be met in order for a healthcare provider to lawfully request and receive reimbursement from a federal healthcare coverage provider (e.g., Medicare, Medicaid, or TRICARE).

What are the five steps in the Medicare appeals process?

The Social Security Act (the Act) establishes five levels to the Medicare appeals process: redetermination, reconsideration, Administrative Law Judge hearing, Medicare Appeals Council review, and judicial review in U.S. District Court. At the first level of the appeal process, the MAC processes the redetermination.

How successful are Medicare appeals?

For the contracts we reviewed for 2014-16, beneficiaries and providers filed about 607,000 appeals for which denials were fully overturned and 42,000 appeals for which denials were partially overturned at the first level of appeal. This represents a 75 percent success rate (see exhibit 2).

How do I correct a rejected Medicare claim?

When a claim is denied because the information submitted was incorrect, often the claim can be reopened using a Clerical Error Reopening (CER). CERs can be used to fix errors resulting from human or mechanical errors on the part of the party or the contractor.

How long does it take for a physician to report a change in practice location to Medicare?

§516 (d) (1) (ii) and (iii) describes, physicians, nonphysician practitioners, and their organizations must report any adverse legal action or change in practice location to their Medicare contractor within 30 days. If a provider that has failed to meet this reporting requirement is subject to having their Medicare billing privileges revoked under 42 C.F.R. §424.535 (a) (9).

What is the appeal process for Medicare?

Generally, the Medicare revocation appeals process is set out under 42 C.F.R. § 405.803, “Appeal Rights.” As this provision outlines, a provider is entitled to challenge the revocation of its Medicare billing privileges an may appeal an initial determination made by CMS or its contractor by following the procedures specified in Chapter 498. A brief overview of these provisions is outlined below:

How long does Medicare revocation last?

The re-enrollment bar lasts from 1 – 3 years. [11] The length of the re-enrollment bar depends on the severity of the reason for the underlying revocation. The re-enrollment period begins 30 days after the provider receives the notice of revocation letter from CMS.

What is a CMS revocation?

Under this basis for revocation, CMS or one of its contractors typically alleges that a provider has violated an enrollment requirement listed on the enrollment application or currently in Medicare’s electronic records system. Although most revocation actions pursued under this regulatory provision are based on a licensure-related violation, the scope of the provision is broad enough to cover situations where a provider has failed to meet its obligations to report a change in practice location in a timely fashion.

What happens if a UPIC visits a closed office?

Therefore, if a UPIC or ZPIC were to visit the location of your practice (as then listed in Medicare’s records) and were to find that the practice or office were closed, the contractor would likely take the position that your organization is not operational.

Can UPICs revoke Medicare billing privileges?

Neither UPICs nor ZPICs exercise independent authority to issue a revocation letter or otherwise revoke your Medicare billing privileges. These contractors must first obtain prior approval from CMS’ Provider Enrollment & Oversight Group (PEOG). When seeking approval to initiate a revocation action, the contractor is required to cite the specific regulatory basis upon which this adverse action is being based. In most cases, obtaining CMS approval to initiate a revocation action is a perfunctory step in the process. Once approval is obtained, the provider’s Medicare billing privileges are normally revoked, retroactive to the date that the CMS contractor determined that the provider was not operational. [9] As set out in the Federal Register:

Can Medicare billing privileges be revoked?

The revocation of your Medicare billing privileges can subject your practice to financial ruin!

Why did the oncologist lose his Medicare billing privileges?

In one California case, an Oncologist’s Medicare billing privileges were deactivated because the physician had allegedly not submitted any claims to Medicare for 12 consecutive months or more. The physician appealed the action before an Administrative Law Judge (ALJ) and lost. He subsequently appealed the ALJ’s decision to the Departmental Appeals Board (DAB).

What happens when a Medicare number is deactivated?

Essentially, when a Medicare number is deactivated, the provider’s (or supplier’s) billing privileges are temporarily stopped. The deactivation of billing privileges is intended to protect the Medicare Trust Fund from abuse and keep a specific billing number from being misused. Importantly, the deactivation of a provider’s (or supplier’s) Medicare billing privileges does not have any effect on its participation agreement or associated conditions of participation. [6]

How long did CMS 855B take to respond?

The medical group failed to respond within 90 days. When it finally did respond, the CMS-855B change request deleted five partners from the medical groups enrollment record, not merely the one physician who had recently died. The MAC subsequently approved the medical group Medicare reactivation request but there was a three week “gap” in billing privileges between the deactivation date and the reactivation date (caused by the late submission of documentation by the medical group). The medical group then challenged the dates used by the MAC in an effort to get the three week gap erased. They lost.

Can you challenge a deactivation of Medicare?

While responding to a Medicare deactivation action is significantly less complex than handling a Medicare revocation action, we recommend that you obtain the assistance of a qualified health law attorney before attempting to challenge a Medicare deactivation case or the effective of a Medicare reactivation decision issued by a MAC.

Can a provider challenge a Medicare contractor's billing privileges?

As 42 C.F.R. §405.374 discusses, an opportunity to file a rebuttal is really nothing more than the opportunity to submit a statement in support of your position. The bottom line is that there is no regulation that affords appeal rights to a provider to challenge a Medicare contractor’s deactivation of the provider’s billing privileges. [8]

How to change Medicare enrollment after getting an NPI?

Before applying, be sure you have the necessary enrollment information. Complete the actions using PECOS or the paper enrollment form.

How long does it take to become a Medicare provider?

You’ve 90 days after your initial enrollment approval letter is sent to decide if you want to be a participating provider or supplier.

How to request hardship exception for Medicare?

You may request a hardship exception when submitting your Medicare enrollment application via either PECOS or CMS paper form. You must submit a written request with supporting documentation with your enrollment that describes the hardship and justifies an exception instead of paying the application fee.

What is Medicare 855I?

Medicare Enrollment Application: Physicians and Non-Physician Practitioners (Form CMS-855I): Individual physicians or NPPs, as well as individual physicians and NPPs that are sole proprietors or sole owners of a corporation that provides services, use this form to begin the Medicare enrollment/revalidation process or change Medicare enrollment information.

What are Medicare providers and suppliers?

Medicare provider and supplier organizations have business structures, such as corporations, partnerships, Professional Associations (PAs), or Limited Liability Companies (LLCs) that meet the “provider” and “supplier” definitions. Provider and supplier organizations don’t include organizations the IRS defines as sole proprietorships.

How much is the Medicare application fee for 2021?

Application Fee Amount. The enrollment application fee sent January 1, 2021, through December 31, 2021, is $599. For more information, refer to the Medicare Application Fee webpage. How to Pay the Application Fee ⤵. Whether you apply for Medicare enrollment online or use the paper application, you must pay the application fee online:

Do I need an NPI before enrolling in Medicare?

You must get an NPI before enrolling in the Medicare Program. Apply for an NPI in 1 of 3 ways:

How to determine primary payer for Medicare?

The CMS Questionnaire should be used to determine the primary payer of the beneficiary’s claims. This questionnaire consists of six parts and lists questions to ask Medicare beneficiaries. For institutional providers, ask these questions during each inpatient or outpatient admission, with the exception of policies regarding Hospital Reference Lab Services, Recurring Outpatient Services, and Medicare+Choice Organization members. (Further information regarding these policies can be found in Chapter 3 of the MSP Online Manual.) Use this questionnaire as a guide to help identify other payers that may be primary to Medicare. Beginning with Part 1, ask the patient each question in sequence. Comply with all instructions that follow an answer. If the instructions direct you to go to another part, have the patient answer, in sequence, each question under the new part. Note: There may be situations where more than one insurer is primary to Medicare (e.g., Black Lung Program and Group Health Plan). Be sure to identify all possible insurers.

When do hospitals report Medicare Part A retirement?

When a beneficiary cannot recall his/her retirement date, but knows it occurred prior to his/her Medicare entitlement dates, as shown on his/her Medicare card, hospitals report his/her Medicare Part A entitlement date as the date of retirement. If the beneficiary is a dependent under his/her spouse's group health insurance and the spouse retired prior to the beneficiary's Medicare Part A entitlement date, hospitals report the beneficiary's Medicare entitlement date as his/her retirement date. If the beneficiary worked beyond his/her Medicare Part A entitlement date, had coverage under a group health plan during that time, and cannot recall his/her precise date of retirement but the hospital determines it has been at least five years since the beneficiary retired, the hospital enters the retirement date as five years retrospective to the date of admission. (Example: Hospitals report the retirement date as January 4, 1998, if the date of admission is January 4, 2003)

What is secondary payer?

Medicare is the Secondary Payer when Beneficiaries are: 1 Treated for a work-related injury or illness. Medicare may pay conditionally for services received for a work-related illness or injury in cases where payment from the state workers’ compensation (WC) insurance is not expected within 120 days. This conditional payment is subject to recovery by Medicare after a WC settlement has been reached. If WC denies a claim or a portion of a claim, the claim can be filed with Medicare for consideration of payment. 2 Treated for an illness or injury caused by an accident, and liability and/or no-fault insurance will cover the medical expenses as the primary payer. 3 Covered under their own employer’s or a spouse’s employer’s group health plan (GHP). 4 Disabled with coverage under a large group health plan (LGHP). 5 Afflicted with permanent kidney failure (End-Stage Renal Disease) and are within the 30-month coordination period. See ESRD link in the Related Links section below for more information. Note: For more information on when Medicare is the Secondary Payer, click the Medicare Secondary Payer link in the Related Links section below.

Why did CMS develop an operational policy?

CMS developed an operational policy to help alleviate a major concern that hospitals have had regarding completion of the CMS Questionnaire.

Does Medicare pay for black lung?

Federal Black Lung Benefits - Medicare does not pay for services covered under the Federal Black Lung Program. However, if a Medicare-eligible patient has an illness or injury not related to black lung, the patient may submit a claim to Medicare. For further information, contact the Federal Black Lung Program at 1-800-638-7072.

Does Medicare pay for the same services as the VA?

Veteran’s Administration (VA) Benefits - Medicare does not pay for the same services covered by VA benefits.

Does no fault insurance cover medical expenses?

Treated for an illness or injury caused by an accident, and liability and/or no-fault insurance will cover the medical expenses as the primary payer.

How long can a provider not submit a Medicare claim?

Per §424.540(a)(1), a provider or supplier does not submit any Medicare claims for 12 consecutive calendar months. The 12 month period begins on the 1st day of the 1st month without a claims submission through the last day of the 12th month without a submitted claim;

What is Medicare Administrative Contractor?

The Medicare Administrative Contractor is hereby advised that this constitutes technical direction as defined in your contract. CMS does not construe this as a change to the MAC Statement of Work. The contractor is not obligated to incur costs in excess of the amounts allotted in your contract unless and until specifically authorized by the Contracting Officer. If the contractor considers anything provided, as described above, to be outside the current scope of work, the contractor shall withhold performance on the part(s) in question and immediately notify the Contracting Officer, in writing or by e-mail, and request formal directions regarding continued performance requirements.

Does the revision date apply to red italicized material?

Disclaimer for manual changes only: The revision date and transmittal number apply only to red italicized material. Any other material was previously published and remains unchanged. However, if this revision contains a table of contents, you will receive the new/revised information only, and not the entire table of contents.

What is Medicare sharing?

from the following: Sharing a practice location with another Medicare - enrolled individual or organization; Leasing or subleasing its operations or its practice location to another Medicare-enrolled individual or organization; or Sharing diagnostic testing equipment used in the initial diagnostic test with another Medicare-enrolled individual or organization.

What is Medicare malpractice?

and other similar crimes  Any felony that placed the Medicare program or its beneficiaries at immediate risk, such as a malpractice suit that results in a conviction of criminal neglect or misconduct  Any felonies that would result in mandatory exclusion under section 1128(a) of the Act. 12.

How long does it take to get a revocation letter from a contractor?

Thirty days from the date of the contractor’s mailing of the revocation letter.

What is a home health physician?

A physician who orders/certifies home health services and the physician/other eligible professional who

Is a provider excluded from Medicare?

of the provider or supplier is excluded from the Medicare, Medicaid and any other Federal Health Care Program

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9