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<strong>CMS</strong>-1403-FC<br />

Sleep test means an attended or unattended diagnostic<br />

test for a sleep disorder whether performed in or out of a<br />

sleep laboratory. The ‘provider of the sleep test’ is the<br />

individual or entity that directly or indirectly<br />

administers and/or interprets the sleep test and/or<br />

furnishes the sleep test device used to administer the<br />

sleep test.<br />

* * * * *<br />

(f) Payment prohibition. No Medicare payment will be<br />

made to the supplier of a CPAP device if that supplier, or<br />

its affiliate, is directly or indirectly the provider of<br />

the sleep test used to diagnose the beneficiary with<br />

obstructive sleep apnea. <strong>This</strong> prohibition does not apply<br />

if the sleep test is an attended facility-based<br />

polysomnogram.<br />

Subpart P--Requirements for Establishing and Maintaining<br />

Medicare Billing Privileges<br />

40. Section 424.502 is amended by adding the<br />

definitions “Final adverse action” and “Physician or<br />

nonphysician practitioner organization” in alphabetical<br />

order to read as follows:<br />

§424.502 Definitions.<br />

* * * * *<br />

1138

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