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QIO TRANSMITTAL SERIES

ISSUE: Review of the Use of An Assistant at Cataract Surgery  -  Printable pages

Section 4107 of the Omnibus Budget Reconciliation Act of 1990 stated that Medicare will not pay (for any reason) for assistants at cataract surgery except in cases of certain specific cataract procedures.  Since Section 1186(a)(15) of the Social Security Act prohibits Medicare payment for the services of an assistant at any cataract surgery, unless, prior to the surgery, the QIO has approved the use of an assistant based on the existence of a complicating medical condition, preprocedure review is required for the use of an assistant at the specified cataract surgical procedures being performed on Medicare beneficiaries.  The purpose of the review is to determine the medical necessity of the use of the assistant during cataract surgery.

 

QIO review for the medical necessity of the assistant's services is required for cataract surgeries with the following CPT codes:  66852, 66920, 66930, 66940, and 66986.

 

This requirement is in effect for all of the above cataract surgeries being performed on Medicare beneficiaries regardless of the setting (inpatient hospital, outpatient hospital, ambulatory surgical center or physician office).

 

Process for Obtaining Review of the Use of An Assistant at Cataract Surgical Procedures

 

All reviews of the use of an assistant at cataract surgical procedures are conducted via telephone.  NHCQF's toll-free number for these reviews is 1-800-772-0151 ext 165; review may be obtained between the hours of 8:30 a.m. and 4:30 p.m. Monday through Friday (excluding holidays).

 

When NHCQF is called for the use of an assistant at cataract surgery review a NHCQF Review Nurse will obtain medical information about the need for the assistant.  If the surgical necessity criteria are not met, the case will be referred to a QIO Physician Consultant for review and if necessary, for discussion with the attending physician.

 

If the QIO Physician Consultant determines (with or without discussion with the attending physician) that the use of an assistant at cataract surgery is medically indicated, the person who made the referral will be so advised (by telephone).

 

If the QIO Physician Consultant determines, after discussion or attempted discussion with the attending physician, that the use of an assistant at cataract surgery is not medically indicated, the person making the referral will be so notified, by telephone and in writing.  Further appeal rights will be outlined in the denial notification.

 

The review is usually performed either before the initial cataract extraction or before the insertion of a lens when it is being inserted at a time different from the initial extraction (i.e., during a different operative episode).

 

If preprocedure approval for the use of an assistant at cataract surgery is not obtained from the QIO, the services may not be billed to Medicare; however the regulations do provide for post-surgery review in instances where an assistant at surgery was used without prior approval because an emergency arose during the surgical procedure.

 

Since the QIO reviewers are available for telephone review during normal operating hours, it is expected that scheduling would not be adversely affected (in most instances) by the requirement for referral for review prior to the use of an assistant at the procedure.

 

Medicare beneficiaries cannot be charged for the use of an assistant if NHCQF disapproves the use of the assistant or if approval for the use of the assistant is not requested.  Beneficiaries cannot be requested to accept liability or to waive Medicare payment, i.e., there is no situation where a Medicare beneficiary can be charged to pay for the use of an assisting physician during his/her cataract surgery.

 

June 2006

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