Items & Services Not Covered Under Medicare

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PRINT-FRIENDLY VERSIONITEMS & SERVICESNOT COVERED UNDER MEDICAREPage 1 of 19ICN MLN906765 December 2020

Items & Services Not Covered Under MedicareMLN BookletTABLE OF CONTENTSUpdates . 4Introduction. 5Categories of Items & Services Not Covered Under Medicare . 5Medically Unreasonable & Unnecessary Services & Supplies . 5Noncovered Items & Services. 6A. Custodial Care (such as long-term care services & supports) . 6B. Items & Services Furnished Outside the United States . 7C. Items & Services Required as a Result of War . 8D. Personal Comfort Items & Services . 8E. Routine Physical Checkups; Certain Eye Examinations, Eyeglasses & Lenses;Hearing Aids & Examinations; Chiropractor Services; & Certain Immunizations . 9F. Cosmetic Surgery . 10G. Items & Services Furnished by the Patient’s Immediate Relatives &Members of the Patient’s Household . 10H. Dental Services .11I. Inpatient Hospital or SNF Services Not Delivered Directly orUnder Arrangement by the Provider . 12J. Certain Foot Care Services & Supportive Devices for the Feet . 13K. Investigational Devices. 15L. Services Related to & Required as a Result of Services Not Covered. 15Services & Supplies Denied as Bundled orIncluded in the Basic Allowance of Another Service. 16Page 2 of 19ICN MLN906765 December 2020

Items & Services Not Covered Under MedicareMLN BookletItems & Services Reimbursable by Other Organizations or Furnished Without Charge . 16A. Services Reimbursable Under the Medicare Secondary Payer Program . 16B. Items & Services Authorized or Paid by a Government Entity . 17C. Items & Services the Patient, Another Individual, oran Organization Has No Legal Obligation to Pay for or Furnish . 17D. Defective Equipment or Medical Devices Covered Under Warranty . 18Advance Beneficiary Patient Notices . 18Key Takeaways . 18Resources . 19Page 3 of 19ICN MLN906765 December 2020

Items & Services Not Covered Under MedicareUPDATESNote: No substantive content updates.Page 4 of 19ICN MLN906765 December 2020MLN Booklet

Items & Services Not Covered Under MedicareMLN BookletINTRODUCTIONThis booklet outlines the 4 categories of items and services Medicare doesn’t cover and exceptions(items and services Medicare may cover). This material isn’t an all-inclusive list of items and servicesMedicare may or may not cover.NOTES: Any item or service furnished directly or indirectly by an individual or entity excluded from allfederal health care programs by the Office of Inspector General is a noncovered item or servicepursuant to Social Security Act Section 1862(e).The term “patient” refers to a Medicare beneficiary.CATEGORIES OF ITEMS & SERVICES NOT COVEREDUNDER MEDICARELearn about these 4 categories of items and services Medicare doesn’t cover:1. Medically unreasonable and unnecessary services and supplies2. Noncovered items and services3. Services and supplies denied as bundled or included in the basic allowance of another service4. Items and services reimbursable by other organizations or furnished without chargeThis booklet also discusses exceptions and lists items and services Medicare may cover.Medically Unreasonable & Unnecessary Services & SuppliesMedicare doesn’t pay for medically unreasonable and unnecessary services and supplies to diagnoseand treat a patient’s condition. Some examples include: Hospital furnished services that, based on the patient’s condition, could have been furnished in alower-cost setting, such as the patient’s home or a nursing home Hospital services exceeding Medicare length-of-stay limitations Evaluation and management services exceeding those considered medically reasonableand necessary Excessive therapy or diagnostic procedures Unrelated screening tests, examinations, and therapies for which the patient has no symptoms ordiagnoses, except for certain screening tests, examinations, and therapies Unnecessary services based on the diagnosis of the patient, such as transcendental meditation Items and services administered to a patient to cause or assist in death (assisted suicide)Page 5 of 19ICN MLN906765 December 2020

Items & Services Not Covered Under MedicareMLN BookletServices must meet specific medical necessity requirements in the statute, regulations, manuals, andspecific medical necessity criteria defined by National Coverage Determinations (NCDs) and LocalCoverage Determinations (LCDs), if any apply to the reported service. For every service you bill, youmust indicate the specific sign, symptom, or patient complaint that makes the service reasonableand necessary.ExceptionsMedicare may cover these items and services: Medicare Preventive Services Transitional Care Management Chronic Care Management Advance Care PlanningMedicare may cover items and services that alleviate pain or discomfort, even if their use may increasethe risk of death, if not furnished for the specific purpose of causing death.The Physician Fee Schedule Relative Value Files webpage shows coding and payment for items andservices that Medicare may cover.Noncovered Items & ServicesA. Custodial Care (such as long-term care services & supports)Medicare Fee-for-Service doesn’t covercustodial care in the patient’s home oran institution.Custodial care is personal care that requiresno trained medical or paramedical personnelcontinuing attention and serves to help anindividual in the activities of daily living, such as: Walking Getting in and out of bed Bathing Dressing Feeding Using the toilet Preparing a special diet Supervising normallyself-administered medicationPage 6 of 19ICN MLN906765 December 2020WHO COVERS?Long-term care includes non-medical carefor people who have a chronic illness ordisability. This includes non-skilled personalcare assistance, like help with everydayactivities, including dressing, bathing, andusing the bathroom. Medicare and most healthinsurance plans, don’t cover long-term care.Supplement Insurance (Medigap) policies,don’t pay for “custodial care.” Somepatients may be eligible for this type ofcare through Medicaid.Medicare Advantage Organizations(MAOs) may cover custodial care as partof supplemental home and communitybased services.

Items & Services Not Covered Under MedicareMLN BookletExceptionsMedicare may cover individual reasonable and necessary services under Part B even though Part Adenies coverage of a patient’s overall hospital or skilled nursing facility (SNF) stay, because it’s determinedto be custodial care. For instance, Part B may cover periodic visits by a physician to their patient ifthe services are reasonable and necessary to treat the patient’s illness or injury even though thehospitalization or SNF stay isn’t covered because it’s for custodial care. Similarly, custodial care doesn’tpreclude payment for a Part B claim for medically necessary ancillary services.Hospice care furnished to a patient who elected it is custodial only if it’s unreasonable and unnecessaryfor managing the terminal illness and related condition. Some MAOs may cover selected non-skilledsupplemental benefits for certain patients if they compensate for physical impairments, diminish theimpact of injuries or health conditions, and/or reduce avoidable emergency room use.B. Items & Services Furnished Outside the United StatesMedicare doesn’t cover most items and services delivered outside the United States (U.S.) includingwhen the patient purchased the item in the U.S. or purchased the item from an American firm.Additionally, Medicare won’t pay for a medical service sub-contracted to another provider or supplieroutside the U.S.Medicare doesn’t pay for provider professional services outside the U.S., except for certain limitedservices. CMS recognizes these as U.S. jurisdictions for Part A and Part B services: The 50 states The District of Columbia The Commonwealth of Puerto Rico The U.S. Virgin Islands Guam The Commonwealth of the Northern Mariana Islands American Samoa Territorial waters adjoining the land areas of the U.S. (for services furnished onboard a ship)A hospital is considered outside the U.S. if not physically located in one of the jurisdictions listed above,even if owned or operated by the U.S. government.ExceptionsMedicare may cover these services: Emergency inpatient hospital services at a foreign hospital closer to, or more accessible from, theemergency site than the nearest U.S. hospital. One of these conditions must also exist: The patient was physically present in the U.S. at the time of the emergency.Page 7 of 19ICN MLN906765 December 2020

Items & Services Not Covered Under Medicare MLN BookletThe patient was physically present in Canada when the emergency arose and traveling by themost direct route without unreasonable delay between Alaska and another state. Emergency or non-emergency inpatient hospital services furnished by a hospital outside the U.S.if the hospital is closer to, or substantially more accessible from, the patient’s U.S. residence thanthe nearest participating U.S. hospital. Physician and ambulance services by a covered foreign inpatient hospital when they meetthese criteria: The physician is legally authorized to practice in the country where they furnish the services The ambulance supplier meets Medicare’s definition of an ambulance Services furnished onboard a ship in a U.S. port or furnished within 6 hours of when the ship arrivedor departed. If services don’t meet this requirement, Medicare considers them furnished outsideU.S. territorial waters, even if the ship is of U.S. registry.C. Items & Services Required as a Result of WarMedicare doesn’t cover items and services required because of war or an act of war that occur afterthe effective date of the patient’s current entitlement.D. Personal Comfort Items & ServicesMedicare doesn’t cover personal comfort items because these items don’t meaningfully contribute totreating a patient’s illness or injury or the functioning of a malformed body member. Some examples ofpersonal comfort items include: Radios Televisions Beauty and barber services, with certain exceptionsWhen a patient requests a personal comfort item, inform them there’s a specified charge for the item.The specified charge may not exceed the customary charge, and future charges may not exceed theamount specified. You can’t require the patient to request noncovered items or services as a conditionof admission or continued stay.ExceptionsMedicare may cover certain basic personal resident services in a SNF or general psychiatric hospitalwhen they can’t perform them for themselves. Some examples include: Shaves Haircuts Shampoos Simple hair setsPage 8 of 19ICN MLN906765 December 2020

Items & Services Not Covered Under MedicareMLN BookletMedicare may consider these ordinary resident care and covered costs reimbursable under Part Awhen they’re: Furnished by a long-stay institution Included in the flat rate charge Routinely furnished without patient-chargeE. Routine Physical Checkups; Certain Eye Examinations, Eyeglasses & Lenses;Hearing Aids & Examinations; Chiropractor Services; & Certain ImmunizationsMedicare doesn’t cover these routine items and services: Routine or annual physical checkups, with certain exceptions Physical examinations performed without a specific sign, symptom, patient complaint, or third-partyrequirements such as insurance companies, business establishments, or government agencies Eye examinations for prescribing, fitting, or changing eyeglasses Eye refractions furnished by practitioners for any purpose Eyeglasses and contact lenses Hearing aid examinations Hearing aids Chiropractors’ services other than manual manipulation of the spine to correct a subluxation of thespine specified as legal in the state where performed Immunizations, with certain exceptionsExceptionsMedicare may cover these items and services: Physician services to diagnose and treat an eye disease, such as glaucoma or cataracts “Incident to” physician services in conjunction with an eye disease One pair of eyeglasses or contact lenses after each cataract surgery with insertion of anintraocular lens Vaccinations directly related to the treatment of an injury or direct exposure to a disease or condition,such as anti-rabies treatment or immune globulin Vaccinations specifically covered by statute, such as seasonal influenza virus, pneumococcal, orhepatitis B A reasonable supply of antigens (not more than a 12-month supply) prepared for a patient by adoctor of medicine (MD) or a doctor of osteopathy (DO) after examining the patient and determininga treatment plan and dosage regimenPage 9 of 19ICN MLN906765 December 2020

Items & Services Not Covered Under MedicareMLN Booklet Cochlear implants and auditory brainstem implants that replace the function of cochlear structuresor the auditory nerve and give electrical energy to auditory nerve fibers and other neural tissue viaimplanted electrode arrays Osseointegrated implants that replace the function of the middle ear and give mechanical energyto the cochlea via a mechanical transducer as prosthetic devices if the hearing aid is medicallyinappropriate or the patient can’t use them due to: Congenital malformations Chronic disease Severe sensorineural hearing loss SurgeryF. Cosmetic SurgeryMedicare doesn’t cover cosmetic surgery and expenses incurred by cosmetic surgery. Cosmeticsurgery includes any procedure to improve the patient’s appearance.ExceptionsMedicare may cover the prompt (as soon as medically feasible) repair of an accidental injury or theimprovement of the functioning of a malformed body member, such as: Surgery for treating severe burns Surgery for repairing the face after a serious automobile accident Surgery for therapeutic purposes that coincidentally serve some cosmetic purposeG. Items & Services Furnished by the Patient’s Immediate Relatives & Membersof the Patient’s HouseholdMedicare doesn’t pay for items and services furnished by the patient’s immediate relatives and membersof the patient’s household since these items and services are ordinarily furnished at no charge becauseof their relationship. A patient’s immediate relatives include: Husband or wife Natural or adoptive parent, child, or sibling Stepparent, stepchild, stepbrother, or stepsister Father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law Grandparent or grandchild Spouse of grandparent or grandchildIf the step- or in-law marriage relationship is terminated through divorce or death, the prohibitedrelationship continues to exist.Page 10 of 19ICN MLN906765 December 2020

Items & Services Not Covered Under MedicareMLN BookletMembers of the patient’s household include those who share a common residence as part of asingle-family unit: Individuals related by blood, marriage, or adoption Domestic employees Other individuals living together as part of a single-family unit (not roomers or boarders)Additionally, Medicare doesn’t pay for these items and services: Prohibited patient relationship to the physician or supplier furnishing services and an unrelatedindividual, partnership, or professional corporation submits the charges Those services furnished “incident to” a physician’s professional service when the ordering orsupervising physician has a prohibited relationship to the patientA professional corporation: Is completely owned by one or more physicians or is owned by other health care professionals asauthorized by state law Conducts the practice of medicine, osteopathy, dentistry, podiatry, optometry, or chiropracticAny incorporated physician or group of physicians constitutes a professional corporation. Medicaredoesn’t pay for items and services by non-physician suppliers that have a prohibited relationship withthe patient and are unincorporated, regardless of whether the supplier is owned by a sole proprietorrelated to the patient or owned by a partnership where one of the partners is related to the patient. Thispayment restriction doesn’t apply to a corporation (other than a professional corporation), regardlessof the patient’s relationship to the corporate stockholders, officers, or directors, or to the individual whofurnished the service.H. Dental ServicesMedicare doesn’t cover items and services for the care, treatment, filling, removal, or replacementof teeth or the structures directly supporting the teeth, such as preparing the mouth for dentures,or removing diseased teeth in an infected jaw. The structures directly supporting the teeth are theperiodontium, including: The gingivae The dentogingival junction The periodontal membrane The cementum The alveolar bone (alveolar process and tooth sockets)Regardless of whether Medicare covers the inpatient hospital services, the Plan doesn’t cover medicalservices furnished by physicians connected to noncovered dental services.Page 11 of 19ICN MLN906765 December 2020

Items & Services Not Covered Under MedicareMLN BookletExceptionsMedicare may cover some dental services, such as: An X-ray taken in treating a fractured jaw or facial bone. A tooth extraction to prepare the jaw for neoplastic disease radiation treatments. An oral or dental examination performed on an inpatient basis as part of comprehensive workupprior to renal transplant surgery or performed in a Rural Health Center or Federally QualifiedHealth Center prior to heart valve replacement. If a dentist performs an otherwise noncovered procedure or service as “incident to,” and an integralpart of a covered procedure or service performed by the dentist, Medicare covers the total serviceperformed by the dentist. For example, wiring teeth when done for treating a jaw fracture.I. Inpatient Hospital or SNF Services Not Delivered Directly orUnder Arrangement by the ProviderMedicare normally excludes coverage for non-physician services to Part A or Part B hospital inpatientsunless those services are provided either directly by the hospital/SNF or under an arrangement thatthe hospital/SNF makes with an outside source.For more information about billing SNF bundled services as

Long-term care includes non-medical care for people who have a chronic illness or disability. This includes non-skilled personal care assistance, like help with everyday activities, including dressing, bathing, and using the bathroom. Medicare and most health insurance plans, don’t cover long-term care. Supplement Insurance (Medigap) policies,

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