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Can non-authorized Medicare providers who are providing tobacco dependence counseling on an OUTPATIENT basis be reimbursed incident to a physician’s professional services?

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Can non-authorized Medicare providers who are providing tobacco dependence counseling on an OUTPATIENT basis be reimbursed incident to a physician’s professional services?

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We have received multiple and conflicting responses to this question and the answer appears to vary depending upon individual state and local carriers. The answer appears to be “no” in the northeast, but “yes” in other states. ATTUD is continuing to seek clarification on this issue, so please continue to check this section for updates. We are investigating whether a non-authorized Medicare clinician who provides counseling services “incident to” the physician and who has been deemed by the physician and/or clinic to be the appropriate person to provide this service can bill under the physician. “Incident to a physician’s professional services means that the services are furnished as an integral, although incidental, part of the physician’s personal professional services in the course of diagnosis or treatment of an injury or illness.” (Medicare Benefit Policy Manual, Chapter 15, Section 60.1A) This coverage of service incident to a physician’s services by auxiliary personnel “is limite

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