95-485. Medicare Program; Providers and Suppliers of Specialized Services: Technical Amendments  

  • [Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
    [Rules and Regulations]
    [Pages 2325-2330]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-485]
    
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Health Care Financing Administration
    
    42 CFR Parts 400, 405, 410, 484, 485, 486, and 498
    
    [BPD-798-FC]
    
    
    Medicare Program; Providers and Suppliers of Specialized 
    Services: Technical Amendments
    
    AGENCY: Health Care Financing Administration (HCFA), HHS.
    
    ACTION: Final rule with comment period.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This rule reorganizes Medicare regulations that pertain to 
    providers and suppliers of specialized services, in order to facilitate 
    the incorporation of future rules in logical order.
        The rule also makes minor technical and editorial changes to 
    clarify the rules and eliminate duplication without substantive change.
    
    DATES: Effective date: These rules are effective February 8, 1995.
        Comment date: We will consider comments received by March 10, 1995.
    
    ADDRESSES: Please mail written comments (an original and 3 copies) to 
    the following address: Health Care Financing Administration, Department 
    of Health and Human Services, Attention: BPD-798-FC, P.O. Box 26676, 
    Baltimore, Maryland 21207.
        If you prefer, you may deliver your written comments (an original 
    and 3 copies) to one of the following addresses:
    
    Room 309-G, Hubert H. Humphrey Building, 200 Independence Avenue, S.W., 
    Washington, D.C. 20201, or
    Room 132, East High Rise Building, 6325 Security Boulevard, Baltimore, 
    Maryland 21207.
    
        Because of staffing and resource limitations, we cannot accept 
    comments by facsimile (FAX) transmission. In commenting, please refer 
    to file code BPD-798-FC. Comments received timely will be available for 
    public inspection as they are received, generally beginning 
    approximately 3 weeks after publication of a document, in Room 309-G of 
    the Department's offices at 200 Independence Avenue, SW., Washington, 
    DC, on Monday through Friday of each week from 8:30 a.m. to 5 p.m. 
    (phone: (202) 690-7890).
    
    FOR FURTHER INFORMATION CONTACT: Luisa V. Iglesias, (202) 690-6383.
    
    SUPPLEMENTARY INFORMATION: This rule is part of an ongoing process of 
    relocating the content of part 405 to separate parts devoted to 
    particular aspects of the Medicare program. In this case, the rule--
        1. Transfers to part 485 the regulations that pertain to 
    institutional providers of physical therapy and speech-language 
    pathology services that were in subpart Q of part 405; and
        2. Establishes a new part 486 for suppliers of specialized 
    services, including--
         Suppliers of portable X-Ray services (from subpart N of 
    part 405); and
         Physical therapists in independent practice (from subpart 
    Q of part 405).
        The following subparts, which also pertain to specialized services, 
    are not relocated at this time for the reasons indicated:
         Subpart D of part 485--Conditions for Coverage: Organ 
    Procurement Organizations--A final rule that makes substantive changes 
    is currently in clearance.
         Subpart B of part 494--Conditions for Coverage of 
    Screening Mammography Services--Recent statutory amendments require 
    substantive changes.
        The rule also--
         Simplifies and clarifies regulations, without substantive 
    change, by removing extensive (and unnecessary) verbatim statutory 
    citations and separating true definitions from personnel qualification 
    requirements; and
         In Sec. 400.310, which lists the regulation sections for 
    which OMB control numbers have been assigned, conforms those section 
    numbers to changes made by this rule.
    
    Collection of Information Requirements
    
        This rule contains no new information collection requirements 
    subject to review by the Office of Management and Budget under the 
    Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
    
    Response to Comments
    
        Although this is a final rule, we will consider timely comments 
    from anyone who believes that the reorganization of 
    [[Page 2326]] content and the clarifying technical and editorial 
    changes affect the substance of the rules. If we revise this rule as a 
    result of comments, we will discuss all timely comments in the preamble 
    to the revised rule.
    
    Waiver of Proposed Rulemaking
    
        The changes made by this rule are purely technical and editorial 
    and have no substantive impact. Accordingly, we find that there is good 
    cause to waive proposed rulemaking procedures as unnecessary.
    
    Regulatory Flexibility Analysis
    
        Consistent with the Regulatory Flexibility Act (RFA) and section 
    1102(b) of the Social Security Act, we prepare a regulatory flexibility 
    analysis for each rule, unless the Secretary certifies that the 
    particular rule will not have a significant economic impact on a 
    substantial number of small entities, or a significant impact on the 
    operation of a substantial number of small rural hospitals.
        The RFA defines ``small entity'' as a small business, a nonprofit 
    enterprise, or a governmental jurisdiction (such as a county, city, or 
    township) with a population of less than 50,000. We also consider all 
    providers and suppliers of services to be small entities. For purposes 
    of section 1102(b) of the Act, we define small rural hospital as a 
    hospital that has fewer than 50 beds, and is located anywhere but in a 
    metropolitan statistical area.
        We have not prepared a regulatory flexibility analysis because we 
    have determined, and the Secretary certifies, that these rules will not 
    have a significant economic impact on a substantial number of small 
    entities or a significant impact on the operation of a substantial 
    number of small rural hospitals.
        In accordance with the provisions of Executive Order 12866, this 
    rule was not reviewed by the Office of Management and Budget.
    
    List of Subjects
    
    42 CFR Part 400
    
        Grant programs-health, Health facilities, Health maintenance 
    organizations (HMO), Medicaid, Medicare, Reporting and recordkeeping 
    requirements.
    
    42 CFR Part 405
    
        Administrative practice and procedure, Health facilities, Health 
    professions, Kidney diseases, Medicare, Reporting and recordkeeping 
    requirements, Rural areas, X-rays.
    
    42 CFR Part 410
    
        Health facilities, Health professions, Kidney diseases, 
    Laboratories, Medicare, Rural areas, X-rays.
    
    42 CFR Part 484
    
        Health facilities, Health professions, Medicare, Reporting and 
    recordkeeping requirements.
    
    42 CFR Part 485
    
        Grant programs-health, Health facilities, Medicaid, Medicare, 
    Reporting and recordkeeping requirements.
    
    42 CFR Part 486
    
        Health professionals, Medicare, Organ procurement, X-rays.
    
    42 CFR Part 498
    
        Administrative practice and procedure, Health facilities, Health 
    professions, Medicare, Reporting and recordkeeping requirements.
    
        42 CFR chapter IV is amended as set forth below:
    
    PART 400--INTRODUCTION; DEFINITIONS
    
        A. Part 400 is amended as set forth below:
        1. The authority citation for part 400 continues to read as 
    follows:
    
        Authority: Secs. 1102 and 1871 of the Social Security Act (42 
    U.S.C. 1302 and 1395(hh)) and 44 U.S.C. Chapter 35.
    
    
    Sec. 400.310  [Amended]
    
        2. In the left-hand column of Sec. 400.310, the following changes 
    are made:
        a. ``405.1716, 405.1717, 405.1720, 405.1721, 405.1722, 405.1724, 
    405.1725, 405.1726'' is revised to read ``485.709, 485.711, 485.717, 
    485.719, 485.721, 485.725, 485.727, 485.729.''
        b. ``405.1733, 405.1736, 405.1737'' is revised to read ``486.155, 
    486.161, 486.163''.
    
    PART 405--FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED
    
        Part 405 is amended as set forth below:
    
    
    Secs. 405.1411, 405.1412, 405.1413, 405.1414, 405.1415, 
    1405.1416  [Redesignated]
    
        1. Subpart N, consisting of Secs. 405.1411 through 405.1416 is 
    redesignated as subpart C under a new part 486, in accordance with the 
    following redesignation table:
    
    ------------------------------------------------------------------------
    Old section (subpart N of part 405)  New section (subpart C of part 486)
    ------------------------------------------------------------------------
    405.1411...........................                  486.100            
    405.1412...........................                  486.102            
    405.1413...........................                  486.104            
    405.1414...........................                  486.106            
    405.1415...........................                  486.108            
    405.1416...........................                  486.110            
    ------------------------------------------------------------------------
    
    Secs. 405.1701, 405.1730  [Amended]
    
        2. In subpart Q, the undesignated centered headings preceding 
    Sec. 405.1701 and Sec. 405.1730, respectively, are removed.
    
    
    Secs. 405.1701, 405.1702, 405.1715-405.1726  [Redesignated]
    
        3. Subpart G to part 485 is added and reserved and Secs. 405.1701, 
    405.1702, and 405.1715 through 405.1726 of subpart Q in part 405 are 
    redesignated as new subpart H under part 485 in accordance with the 
    following redesignation table:
    
    ------------------------------------------------------------------------
                                                               New section  
              Old section (subpart Q of part 405)             (subpart H of 
                                                                part 485)   
    ------------------------------------------------------------------------
    405.1701..............................................  485.701         
    405.1702, introductory text...........................  Removed.        
    405.1702(a)...........................................  485.705(a)      
    405.1702(b)...........................................  485.703(a)      
    405.1702(c)...........................................  485.703(b)      
    405.1702(d)...........................................  485.705(b)      
    405.1702(e)...........................................  485.705(c)      
    405.1702(f)...........................................  485.705(d)      
    405.1702(g)...........................................  485.705(e)      
    405.1702(h)...........................................  485.703(c)      
    405.1702(i)...........................................  485.703(d)      
    405.1702(j)...........................................  485.705(f)      
    405.1702(k)...........................................  485.705(g)      
    405.1702(l)...........................................  485.703(e)      
    405.1702(m)...........................................  485.705(h)      
    405.1715..............................................  485.707         
    405.1716..............................................  485.709         
    405.1717..............................................  485.711         
    405.1718..............................................  485.713         
    405.1719..............................................  485.715         
    405.1720..............................................  485.717         
    405.1721..............................................  485.719         
    405.1722..............................................  485.721         
    405.1723..............................................  485.723         
    405.1724..............................................  485.725         
    405.1725..............................................  485.727         
    405.1726..............................................  485.729         
    ------------------------------------------------------------------------
    
    Secs. 405.1730-405.1737  [Redesignated]
    
        4. Sections 405.1730 through 405.1737 are redesignated as subpart D 
    under a new part 486, in accordance with the following redesignation 
    table:
    
    ------------------------------------------------------------------------
    Old section (subpart Q of part 405)  New section (subpart D of part 486)
    ------------------------------------------------------------------------
    405.1730...........................                  486.150            
    405.1731...........................                  486.151            
    405.1732...........................                  486.153            
    405.1733...........................                  486.155            
    405.1734...........................                  486.157            
    405.1735...........................                  486.159            
    405.1736...........................                  486.161            
    405.1737...........................                  486.163            
    ------------------------------------------------------------------------
    
    [[Page 2327]] PART 485--CONDITIONS OF PARTICIPATION AND CONDITIONS 
    FOR COVERAGE: SPECIALIZED PROVIDERS
    
        C. Part 485 is amended as set forth below.
    
        1. The authority citation for part 485 is revised to read as 
    follows:
    
        Authority: Secs. 1102 and 1871 of the Social Security Act (42 
    U.S.C. 1302 and 1395(hh).
    
        2. The heading of part 485 is revised to read as follows:
    
    PART 485--CONDITIONS OF PARTICIPATION: SPECIALIZED PROVIDERS
    
    
    Sec. 485.70  [Amended]
    
        3. In Sec. 485.70, the following changes are made:
        a. In Sec. 485.70(e), ``Sec. 485.70(d) and (e) of this chapter.'' 
    is revised to read ``paragraphs (b) and (c) of Sec. 485.705.''
        b. In Sec. 485.70(m), ``Sec. 405.1702(j) of this chapter.'' is 
    revised to read ``Sec. 485.705(f).''.
        4. The heading and table of contents of newly designated subpart H 
    read as follows:
    Subpart H--Conditions of Participation for Clinics, Rehabilitation 
    Agencies, and Public Health Agencies as Providers of Outpatient 
    Physical Therapy and Speech-Language Pathology Services
    Sec.
    485.701  Basis and scope.
    485.703  Definitions.
    485.705  Personnel qualifications.
    485.707  Condition of participation: Compliance with Federal, State, 
    and local laws.
    485.709  Condition of participation: Administrative management.
    485.711  Condition of participation: Plan of care and physician 
    involvement.
    485.713  Condition of participation: Physical therapy services.
    485.715  Condition of participation: Speech pathology services.
    485.717  Condition of participation: Rehabilitation program.
    485.719  Condition of participation: Arrangements for physical 
    therapy and speech-language pathology services to be performed by 
    other than salaried organization personnel.
    485.721  Condition of participation: Clinical records.
    485.723  Condition of participation: Physical environment.
    485.725  Condition of participation: Infection control.
    485.727  Condition of participation: Disaster preparedness.
    485.729  Condition of participation: Program evaluation.
    
    
    Secs. 485.707, 485.715, 485.723, 485.727, 485.729  [Amended]
    
        5. In newly designated subpart H, in the following sections, the 
    section heading is amended to change the dash to a colon and to 
    capitalize the first word after the colon:
        Secs. 485.707, 485.715, 485.721, 485.723, 485.727, and 485.729.
        6. Newly designated Sec. 485.701 is revised to read as follows:
    
    
    Sec. 485.701  Basis and scope.
    
        This subpart implements section 1861(p)(4) of the Act, which--
        (a) Defines outpatient physical therapy and speech pathology 
    services;
        (b) Imposes requirements with respect to adequate program, 
    facilities, policies, staffing, and clinical records; and
        (c) Authorizes the Secretary to establish by regulation other 
    health and safety requirements.
    
    
    Sec. 485.703  [Amended]
    
        7. In newly designated Sec. 485.703, the heading is revised to read 
    Definitions., and the paragraph designations are removed.
    
    
    Sec. 485.705  [Amended]
    
        8. In newly designated Sec. 485.705, a section heading and 
    introductory text are added, to read as follows:
    
    
    Sec. 485.705  Personnel qualifications.
    
        The training, experience, and membership requirements for personnel 
    involved in the furnishing of outpatient physical therapy and speech-
    language pathology services are as follows:
    * * * * *
    
    
    Sec. 485.707  [Amended]
    
        9. In newly designated Sec. 485.707, the following changes are 
    made:
        a. In the introductory text and paragraph (a), ``clinic, 
    rehabilitation agency, or public health agency'' and the plural version 
    of that phrase are revised to read ``organization'' and 
    ``organizations'', respectively.
        b. In paragraph (a), ``pursuant to such law'' is revised to read 
    ``in accordance with applicable laws''.
    
    
    Sec. 485.709  [Amended]
    
        10. In newly designated Sec. 485.709, the following changes are 
    made:
        a. Paragraph (b) is revised to read as set forth below.
        b. In paragraph (c), second sentence, ``where'' is revised to 
    ``if''.
        c. In paragraph (d), second sentence, ``which'' is revised to 
    ``that''.
    
    
    Sec. 485.709  Condition of participation: Administrative management.
    
    * * * * *
        (b) Standard: Administrator. The governing body--
        (1) Appoints a qualified full-time administrator;
        (2) Delegates to the administrator the internal operation of the 
    clinic or rehabilitation agency in accordance with written policies;
        (3) Defines clearly the administrator's responsibilities for 
    procurement and direction of personnel; and
        (4) Designates a competent individual to act during temporary 
    absence of the administrator.
    * * * * *
    
    
    Sec. 485.711  [Amended]
    
        11. In newly designated Sec. 485.711, the following changes are 
    made:
        a. In paragraph (a), introductory text, ``prior to'' is revised to 
    read ``before''.
        b. Paragraph (b)(1) is revised to read as set forth below.
        c. In paragraph (b)(3), the parenthetical statement, ``at least 
    every 30 days'' is inserted immediately before ``in accordance'', and 
    ``Sec. 424.25(e)'' is revised to read ``Sec. 410.61(e)''.
        d. Paragraph (b)(4) is revised to read as set forth below.
        e. In paragraph (c), second sentence, ``There are'' is revised to 
    read ``The'', and ``that covers'' is revised to read ``cover''.
    
    
    Sec. 485.711  Condition of participation: Plan of care and physician 
    involvement.
    
    * * * * *
        (b) Standard: Plan of care--(1) For each patient there is a written 
    plan of care established by the physician or by the physical therapist 
    or speech-language pathologist who furnishes the services.
    * * * * *
        (4) Changes in the plan of care are noted in the clinical record. 
    If the patient has an attending physician, the therapist or speech-
    language pathologist who furnishes the services promptly notifies him 
    or her of any change in the patient's condition or in the plan of care.
    * * * * *
    
    
    Sec. 485.713  [Amended]
    
        12. In newly designated Sec. 485.713, the following changes are 
    made:
        a. The introductory text is revised to read as set forth below.
        b. In paragraph (a)(1) introductory text, ``will be'' is revised to 
    read ``is''.
        c. In paragraph (a)(1)(i), ``utilizing'' is revised to ``using''.
        d. Paragraph (a)(2) is revised to read as set forth below.
        e. In paragraph (b), ``accepted'' is revised to read ``it 
    accepts''.
        f. In paragraph (d), ``such'' is revised to ``these''. 
    [[Page 2328]] 
    
    
    Sec. 485.713  Conditions of participation: Physical therapy services.
    
        If the organization offers physical therapy services, it provides 
    an adequate program of physical therapy and has an adequate number of 
    qualified personnel and the equipment necessary to carry out its 
    program and to fulfill its objectives.
        (a) Standard: Adequate program. * * *
        (2) A qualified physical therapist is present or readily available 
    to offer supervision when a physical therapist assistant furnishes 
    services.
        (i) If a qualified physical therapist is not on the premises during 
    all hours of operation, patients are scheduled so as to ensure that the 
    therapist is present when special skills are needed, for example, for 
    evaluation and reevaluation.
        (ii) When a physical therapist assistant furnishes services off the 
    organization's premises, those services are supervised by a qualified 
    physical therapist who makes an onsite supervisory visit at least once 
    every 30 days.
    * * * * *
    
    
    Sec. 485.715  [Amended]
    
        13. In newly designated Sec. 485.715, the following changes are 
    made:
        a. In paragraph (a), ``will be'' is revised to read ``is''.
        b. In paragraph (b), ``accepted'' is revised to read ``it 
    accepts''.
        c. In paragraph (c), ``rendered'' is revised to read ``furnished''.
    
    
    Sec. 485.717  [Amended]
    
        14. In newly designated Sec. 485.717, the following changes are 
    made:
        a. The undesignated introductory text is revised to read as set 
    forth below.
        b. In paragraph (a), ``rendered, as applicable'' is revised to read 
    ``furnished as appropriate''.
        c. Paragraph (b) is revised to read as set forth below.
    
    
    Sec. 485.717  Condition of participation: Rehabilitation program.
    
        This condition and its standards apply only to a rehabilitation 
    agency's own patients, not to patients of hospitals, skilled nursing 
    facilities (SNFs), or Medicaid nursing facilities (NFs) to whom the 
    agency furnishes services. (The hospital, SNF, or NF is responsible for 
    ensuring that qualified staff furnish services for which they arrange 
    or contract for their patients.) The rehabilitation agency provides, in 
    addition to physical therapy and speech-language pathology services, 
    social or vocational adjustment services to all of its patients who 
    need them. The agency provides for special qualified staff to evaluate 
    the social and vocational factors, to counsel and advise on the social 
    or vocational problems that arise from the patient's illness or injury, 
    and to make appropriate referrals for needed services.
    * * * * *
        (b) Standard: Arrangements for social or rehabilitation services--
    (1) If a rehabilitation agency does not provide social or vocational 
    adjustment services through salaried employees, it may provide those 
    services through a written contract with others who meet the 
    requirements and responsibilities set forth in this subpart for 
    salaried personnel.
        (2) The contract must specify the term of the contract and the 
    manner of termination or renewal and provide that the agency retains 
    responsibility for the control and supervision of the services.
    
    
    Sec. 485.719  [Amended]
    
        15. In newly designated Sec. 485.719, the following changes are 
    made:
        a. In paragraph (a), ``when'' is revised to ``if''; ``and/or'' is 
    revised to read ``or''; ``such'' is revised to ``the''(twice); 
    ``provides for retention by the organization'' is revised to read 
    ``provides that the organization retains''; and ``responsibility form 
    and control and supervision of'' is corrected to read ``responsibility 
    for, and control and supervision of,''.
        b. Paragraph (b) is revised to read as set forth below:
    
    
    Sec. 485.719  Condition of participation: Arrangements for physical 
    therapy and speech-language pathology services to be performed by other 
    than salaried organization personnel.
    
    * * * * *
        (b) Standard: Contract provisions. The contract--
        (1) Specifies the term of the contract and the manner of 
    termination or renewal;
        (2) Requires that personnel who furnish the services meet the 
    requirements that are set forth in this subpart for salaried personnel; 
    and
        (3) Provides that the contracting outside resource may not bill the 
    patient or Medicare for the services. This limitation is based on 
    section 1861(w)(1) of the Act, which provides that--
        (i) Only the provider may bill the beneficiary for covered services 
    furnished under arrangements; and
        (ii) Receipt of Medicare payment by the provider, on behalf of an 
    entitled individual, discharges the liability of the individual or any 
    other person to pay for those services.
    
    
    Sec. 485.721  [Amended]
    
        16. In newly designated Sec. 485.721, the following changes are 
    made:
        a. In paragraph (b), the commas at the end of paragraphs (b)(1) 
    through (b)(6) are changed to periods; in paragraph (b)(1), 
    ``provided'' is revised to ``furnished''; and the ``and'' at the end of 
    paragraph (b)(6) is removed.
        b. In paragraph (c), the last sentence is revised to read as set 
    forth below.
        c. In paragraph (d), the commas at the end of the paragraphs (d)(1) 
    and (d)(2)(1) are changed to semicolons, and in the introductory text, 
    ``a period of time of not less than'' is revised to read ``at least''.
        d. In paragraph (d)(1), ``That'' is revised to ``The period''.
        e. In paragraph (d)(2), introductory text, the colon is changed to 
    a dash.
    
    
    Sec. 485.721  Condition of Participation: Clinical records.
    
    * * * * *
        (c) Standard: Completion of records and centralization of reports. 
    * * *  Each physician signs the entries that he or she makes in the 
    clinical record.
    * * * * *
    
    
    Sec. 485.723  [Amended]
    
        17. In newly designated Sec. 485.723, the following changes are 
    made:
        a. In paragraph (a)(2), ``organization'' is revised to ``premises'' 
    (twice).
        b. In paragraph (b), at the end of the introductory text, the colon 
    is removed and ``that--'' is inserted.
        c. In paragraph (b)(1), ``That'' is revised to ``The'', and the 
    comma is changed to a semicolon.
        d. In paragraph (b)(2), ``That the'' is revised to read ``The'', 
    and ``which'' is revised to ``that''.
        e. In paragraph (c)(2), ``utilization'' is revised to ``use''.
    
    
    Sec. 485.725  [Amended]
    
        18. In newly designated Sec. 485.725, the following changes are 
    made:
        a. Paragraph (b) is revised to read as set forth below.
        b. In paragraph (c), the designation ``(1)'' is inserted 
    immediately before the first sentence; ``such'' is revised to 
    ``housekeeping''; the designation ``(2)'' is inserted immediately 
    before the third sentence; ``and/or'' is revised to read ``or'', and 
    ``meets'' is revised to read ``or both meet''.
        c. In paragraph (e), ``The organization is maintained'' is revised 
    to read ``The organization's premises are maintained''.
    
    
    Sec. 485.725  Condition of participation: Infection control.
    
    * * * * * [[Page 2329]] 
        (b) All personnel follow written procedures for effective aseptic 
    techniques. The procedures are reviewed annually and revised if 
    necessary to improve them.
    
    
    Sec. 485.727  [Amended]
    
        19. In newly designated Sec. 485.727, in the introductory text, 
    ``such disasters'' is revised to read ``a disaster''.
    
    
    Sec. 485.729  [Amended]
    
        20. In newly designated Sec. 485.729, the following changes are 
    made:
        a. In the introductory text, ``which'' is revised to ``that'', and 
    ``assure'' is revised to ``ensure''.
        b. In paragraph (a), ``assure'' is revised to ``ensure''.
        c. In paragraph (b) ``such statistical data as'' is revised to read 
    ``statistical data such as''.
        D. A new part 486 is added.
        1. The heading and the table of contents of the new part 486 read 
    as follows:
    
    PART 486--CONDITIONS FOR COVERAGE OF SERVICES OF SPECIALIZED 
    SUPPLIERS
    
    Subparts A and B--[Reserved]
    
    Subpart C--Conditions for Coverage: Portable X-Ray Services
    
    Sec.
    486.100  Condition for coverage: Compliance with Federal, State, and 
    local laws and regulations.
    486.102  Condition for coverage: Supervision by a qualified 
    physician.
    486.104  Condition for coverage: Qualifications, orientation, and 
    health of technical personnel.
    486.106  Condition for coverage: Referral for service and 
    preservation of records.
    486.108  Condition for coverage: Safety standards.
    486.110  Condition for coverage: Inspection of equipment.
    Subpart D--Conditions for Coverage: Outpatient Physical Therapy 
    Services Furnished by Physical Therapists in Independent Practice
    486.150  Condition for coverage: General requirements.
    486.151  Condition for coverage: Supervision.
    486.153  Condition for coverage: Compliance with Federal, State, and 
    local laws.
    486.155  Condition for coverage: Plan of care.
    486.157  Condition for coverage: Physical therapy services.
    486.159  Condition for coverage: Coordination of services with other 
    organizations, agencies, or individuals.
    486.161  Condition for coverage: Clinical records.
    486.163  Condition for coverage: Physical environment.
    
        Authority: Sections 1102 and 1871 of the Social Security Act (42 
    U.S.C. 1302 and 1395hh).
    
        2. In newly designated subpart D, in the following sections, the 
    section heading is revised to change the dash to a colon and capitalize 
    the first word after the colon: Secs. 486.153, 486.155, 486.157, and 
    486.161.
        3. Newly designated Secs. 486.150 and 486.151 are revised to read 
    as follows:
    
    
    Sec. 486.150  Condition for coverage: General requirements.
    
        In order to be covered under Medicare as a supplier of outpatient 
    physical therapy services, a physical therapist in independent practice 
    must meet the following requirements:
        (a) Be licensed in the State in which he or she practices.
        (b) Meet one of the personnel qualifications specified in 
    Sec. 485.705(b).
        (c) Furnish services under the circumstances described in 
    Sec. 410.60 of this chapter.
        (d) Meet the requirements of this subpart.
    
    
    Sec. 486.151  Condition for coverage: Supervision.
    
        The services are furnished by or under the direct supervision of a 
    qualified physical therapist in independent practice.
    
    
    Sec. 486.155  [Amended]
    
        4. In newly designated Sec. 486.155, the following changes are 
    made:
        a. In paragraph (a), introductory text, ``The following information 
    is obtained by the physical therapist prior to'' is revised to read 
    ``The physical therapist obtains the following information before''.
        b. In paragraph (b)(4), the second sentence is revised to read: 
    ``If the patient has an attending physician, the therapist who 
    furnishes the services promptly notifies him or her of any change in 
    the patient's condition or in the plan of care.''.
        c. In the parenthetical statement in paragraph (b)(4), 
    ``Sec. 424.25(e)'' is revised to read ``Sec. 410.61(e)''.
        5. Newly designated Sec. 486.159 is revised to read as follows:
    
    
    Sec. 486.159  Condition for coverage: Coordination of services with 
    other organizations, agencies, or individuals.
    
        The physical therapist coordinates her physical therapy services 
    with the health and medical services the patient receives from 
    organizations or agencies or other individual practitioners through 
    exchange of information that meets the following standard:
        If a patient is receiving or has recently received, from other 
    sources, services related to the physical therapy program, the physical 
    therapist exchanges pertinent documented information with those other 
    sources--
        (a) On a regular basis;
        (b) Subject to the requirements for protection of the 
    confidentiality of medical records, as set forth in Sec. 485.721 of 
    this chapter; and
        (c) With the aim of ensuring that the services effectively 
    complement one another.
    
    
    Sec. 486.163  [Amended]
    
        6. In newly designated Sec. 486.163, the following changes are 
    made:
        a. In the introductory text, ``and/or'' is revised to read ``or''.
        b. In paragraph (b), first sentence, the word ``established'' is 
    removed.
        c. In paragraph (c), second sentence, ``such'' is changed to 
    ``the''.
        d. Paragraph (d) is revised to read as follows:
    
    
    Sec. 486.163  Condition for coverage: Physical environment.
    
    * * * * *
        (d) The physical therapist is alert to the possibility of fire and 
    other nonmedical emergencies and has written plans that include--
        (1) The means for leaving the office and the building safely, 
    demonstrated, for example, by fire exit signs; and
        (2) Other provisions necessary to ensure the safety of patients.
    
    E. Technical corrections.
    
    PART 410--[AMENDED]
    
        1. In part 410, the following changes are made:
        a. the authority citation of part 410 is revised to read as 
    follows:
    
        Authority: Secs. 1102 and 1871 of the Social Security Act (42 
    U.S.C. 1302 and 1395 (hh)) unless otherwise indicated.
    
        b. In Sec. 410.60(a)(3)(ii), ``Sec. 405.1702(d) of this chapter'' 
    is revised to read ``Sec. 485.705(b) of this chapter''.
    
    PART 484--[AMENDED]
    
        2. In part 484, the following changes are made:
        a. The authority citation for part 484 is revised to read as 
    follows:
    
        Authority: Secs. 1102 and 1871 of the Social Security Act (42 
    U.S.C. 1302 and 1395 (hh)) unless otherwise indicated.
    
    
    Sec. 484.38  [Amended]
    
        b. In Sec. 484.38, ``Secs. 405.1717 through 405.1719, 405.1721, 
    405.1723, and 405.1725 of this chapter'' is revised to read ``subpart H 
    of part 485 of this chapter''.
    [[Page 2330]]
    
    PART 498--[AMENDED]
    
        3. In part 498, the following changes are made:
        a. The authority citation for part 498 is revised to read as 
    follows:
    
        Authority: Secs. 1102 and 1871 of the Social Security Act (42 
    U.S.C. 1302 and 1395(hh)) unless otherwise indicated.
    
    
    Sec. 498.3  [Amended]
    
        b. In Sec. 498.3(b)(6), ``Secs. 405.1730 through 405.1737, or in 
    Sec. 410.22 of this chapter, respectively,'' is revised to read 
    ``subpart D of part 486 of this chapter and Sec. 410.22 of this 
    chapter, respectively.''
    
    (Catalog of Federal Domestic Assistance Program No. 93.773, 
    Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
    Supplementary Medical Insurance Program)
    
        Dated: September 2, 1994.
    Bruce C. Vladeck,
    Administrator, Health Care Financing Administration.
        Dated: October 12, 1994.
    Donna E. Shalala,
    Secretary.
    [FR Doc. 95-485 Filed 1-6-95; 8:45 am]
    BILLING CODE 4120-01-P
    
    

Document Information

Published:
01/09/1995
Department:
Health Care Finance Administration
Entry Type:
Rule
Action:
Final rule with comment period.
Document Number:
95-485
Pages:
2325-2330 (6 pages)
Docket Numbers:
BPD-798-FC
PDF File:
95-485.pdf
CFR: (37)
42 CFR 485.705(b)
42 CFR 400.310
42 CFR 405.1701
42 CFR 484.38
42 CFR 485.70
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