Notice: This CMS-approved document has been submitted - Philips ...

CMS-1403-FC
be made to obtain the signature of the beneficiary, by
creating a new exception at §424.36(b)(6) in the CY 2008
PFS final rule with comment period for emergency ambulance
transports, and in this final rule for nonemergency
ambulance transports, and to allow the provider or supplier
to sign the claim on behalf of the beneficiary at the time
of the service, provided certain safeguards are met, was a
deliberate departure from the general rule. However,
because we amended §424.36(b)(5) in the CY 2008 PFS final
rule with comment period to state that, before relying on
that exception, providers must “mak[e] reasonable efforts
to locate and obtain the signature of one of the
individuals specified in paragraph (b)(1), (2), (3) or (4)
of this section,” rather than to state that the provider
must first make reasonable efforts to locate and obtain the
signature of the beneficiary, we are concerned that we
might create confusion or add an unneeded degree of
complexity if we were to finalize our proposal to amend
§424.36(a) to state that a provider or supplier must make
reasonable efforts to locate and obtain the beneficiary’s
signature before a provider or supplier could rely upon one
of the exceptions set forth in §424.36(b)(1) through (5).
By requiring providers and suppliers to not sign claims on
behalf of the beneficiary under §424.36(b)(5) without
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