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

enrollment application is received that is absent the NPI,<br />

it will be rejected. The NPI regulation, at 45 CFR<br />

162.410(a)(1), requires a health care provider who is a<br />

covered entity under HIPAA to obtain an NPI. At 45 CFR<br />

162.410(b), the NPI regulation states that a health care<br />

provider who is not a covered entity under HIPAA may obtain<br />

an NPI. The definition of “health care provider” is found<br />

at 45 CFR 160.103. The preamble of the NPI final rule<br />

(69 FR 3450) states that HIPAA does not prohibit a health<br />

plan from requiring its enrolled health care providers to<br />

obtain NPIs if those health care providers are eligible for<br />

NPIs (that is, that they meet the definition of “health<br />

care provider”). With exceptions for the two entities that<br />

are eligible to enroll in Medicare but are not eligible for<br />

NPIs, Medicare requires all providers, including physicians<br />

and NPPs, who apply for enrollment to have NPIs, and to<br />

report them on their Medicare enrollment applications.<br />

When applying for NPIs, providers indicate they are one of<br />

the following: an Entity type 1 (an individual person,<br />

such as a physician or an NPP, to include a sole<br />

proprietor/sole proprietorship); or an Entity type 2 (an<br />

organization, which is any legal entity other than an<br />

individual).<br />

226

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