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

directly affected by the demonstration. The BN adjustment<br />

under PFS will be limited to adjusting the chiropractor fee<br />

schedule codes (comprised of the 3 currently covered CPT<br />

codes: 98940, 98941, and 98942). No other codes would be<br />

affected.<br />

Q. Educational Requirements for Nurse Practitioners and<br />

Clinical Nurse Specialists<br />

In the CY 2009 PFS proposed rule (73 FR 38576), we<br />

proposed a technical correction to the nurse practitioner<br />

(NP) qualifications at §410.75(b) to require that, in order<br />

for NP services furnished by an individual to be covered by<br />

Medicare, a NP who obtains Medicare billing privileges as a<br />

NP for the first time on or after January 1, 2003, must<br />

meet all of the following criteria: (1) be a registered<br />

professional nurse who is authorized by State law to<br />

practice as a NP; (2) be nationally certified as a NP; and<br />

(3) have a master’s degree in nursing. The current NP<br />

qualification standards in our regulations include<br />

progressive requirements that are not entirely date<br />

specific. The absence of a date specification for each of<br />

the qualification standards could allow nurses who have<br />

never <strong>been</strong> enrolled under Medicare and obtained Medicare<br />

billing privileges as a NP an opportunity to enroll as a NP<br />

after January 1, 2003, without a master’s degree in<br />

709

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