Notice: This CMS-approved document has been submitted - Philips ...
Notice: This CMS-approved document has been submitted - Philips ... Notice: This CMS-approved document has been submitted - Philips ...
CMS-1403-FC having first made reasonable efforts to procure the signature of the beneficiary or an authorized individual, we address our core concerns. It is true that, as clarified, our regulations allow providers and suppliers to procure the signature of an authorized individual in a situation where the beneficiary may be only temporarily unable to sign the claim, but, on balance, we believe it is preferable, for the sake of convenience, to give providers and suppliers some flexibility as to whether they obtain the signature of the beneficiary or that of an authorized individual. With respect to ambulance providers and suppliers, the matter of making reasonable efforts to locate and obtain the signature of the beneficiary or another authorized individual should largely be moot. Ambulance providers and suppliers should be able to rely on the exception at §424.36(b)(6) to sign the claim in the case of both emergency and nonemergency transports, provided they meet the documentation requirements therein. To the extent that ambulance providers and suppliers do not wish to, or are unable to, comply with the documentation requirements of §424.36(b)(6), they may obtain the signature of an authorized individual specified at §424.36(b)(1) through (b)(4) (including in the situation where one of the authorized individuals is available and 766
CMS-1403-FC willing to sign at the time of transport). Moreover, an ambulance provider (but not a supplier), may rely on the exception at §424.36(b)(5) to, itself, sign the claim, after having made reasonable efforts (including over a reasonable period of time) to locate and obtain the signature of either the beneficiary or an authorized individual. Comment: Several commenters requested that we make the new exception in §424.36(b)(6) for nonemergency transports retroactive to January 1, 2008. Commenters also asked us to clarify in this final rule and/or in guidance on the CMS Web site that we will not take any adverse action against an ambulance provider or supplier that made good faith (but unsuccessful) attempts to comply with the beneficiary signature requirement rules prior to January 1, 2009. The commenters stated that, despite multiple attempts to obtain the required signatures from the beneficiary or the beneficiary’s authorized representative, many ambulance providers and suppliers have been unsuccessful, and thus, they are holding claims for nonemergency transports. The commenters also asserted that ambulance providers and suppliers have experienced difficulty in obtaining signatures from facility representatives because of concerns that their signature 767
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<strong>CMS</strong>-1403-FC<br />
having first made reasonable efforts to procure the<br />
signature of the beneficiary or an authorized individual,<br />
we address our core concerns. It is true that, as<br />
clarified, our regulations allow providers and suppliers to<br />
procure the signature of an authorized individual in a<br />
situation where the beneficiary may be only temporarily<br />
unable to sign the claim, but, on balance, we believe it is<br />
preferable, for the sake of convenience, to give providers<br />
and suppliers some flexibility as to whether they obtain<br />
the signature of the beneficiary or that of an authorized<br />
individual. With respect to ambulance providers and<br />
suppliers, the matter of making reasonable efforts to<br />
locate and obtain the signature of the beneficiary or<br />
another authorized individual should largely be moot.<br />
Ambulance providers and suppliers should be able to rely on<br />
the exception at §424.36(b)(6) to sign the claim in the<br />
case of both emergency and nonemergency transports,<br />
provided they meet the <strong>document</strong>ation requirements therein.<br />
To the extent that ambulance providers and suppliers do not<br />
wish to, or are unable to, comply with the <strong>document</strong>ation<br />
requirements of §424.36(b)(6), they may obtain the<br />
signature of an authorized individual specified at<br />
§424.36(b)(1) through (b)(4) (including in the situation<br />
where one of the authorized individuals is available and<br />
766