As discussed in the last week’s Insider article – Extract Preparation – Physician Supervision – Medicare rules require that when clinical staff prepare allergen and venom extract vials (CPT codes 95144, 95165, and 95145-49), “the physician (or other supervising practitioner) must be present in the office suite and immediately available to furnish assistance and direction throughout the performance of the procedure.” The Centers for Medicare and Medicaid Services (CMS) previously established this “immediate availability” requirement to mean in-person – not virtual – availability.
In response to the COVID-19 public health emergency (PHE), however, CMS temporarily relaxed this direct supervision requirement, allowing the supervising physician (or other supervising practitioner) to be immediately available through virtual presence – via real-time audio and video technology – until the end of the calendar year in which the COVID-19 PHE ends. Notably, audio-only technology does not satisfy the supervision requirement.
Accordingly, under this Medicare policy, the physician (or other supervising practitioner) would not need to be physically present at the location where extracts are prepared, provided that the individual is immediately available through real-time audio and video technology. After the end of the calendar year in which the COVID-19 PHE ends, the supervising physician (or other supervising practitioner) must be on-site at the location where extracts are prepared. However, the individual would not necessarily need to be in the same room where vials are prepared.
CMS is currently seeking public comment on whether the flexibility to meet the direct supervision requirement using real-time audio and video technology should be made permanent. The Advocacy Council is urging CMS to permanently adopt this policy.
The Advocacy Council – ADVOCATING FOR ALLERGISTS AND THEIR PATIENTS.
