Current through Register Vol. 46, No. 39, September 25, 2024
(a) All
bills for medical care, services and supplies shall contain:
(1) patient name, case number and date of
service;
(2) itemization of the
volume and specific types of care, services and supplies provided (including
for a physician, his final diagnosis, and for drugs, the prescription
filled);
(3) the unit price and
total cost of the care, services and supplies provided;
(4) vendor name and address;
(5) the social security number or employer
identification number of the vendor in accordance with the following:
(i) When the provider of services is in solo
practice, or when the provider of supplies is in business by himself,
identification shall be by social security number.
(ii) When the provider of services is in
other than solo practice, identification shall depend upon the group's billing
practices; e.g., where the billing is by the individual, then identification
shall be by social security number.
(iii) Where billing is by a partnership or a
corporation, then identification shall be by employer identification
number.
(iv) Where billing is by a
medical facility (e.g., hospital, skilled nursing facility or health-related
facility) and such billing includes the cost of care provided by a physician,
the name and social security number of the physician shall be separately
stated;
(6) for the
initial billing only, the following documentation for persons admitted on or
after May 14, 1976 to skilled nursing facilities holding title XVIII provider
agreements shall be required. Claims for medical assistance payments shall not
be processed if any element of the required documentation as herein provided is
not submitted by the skilled nursing home operator:
(i) a copy of the New York State Health
Departments Long-Term Care Placement Form (DMS-1) or equivalent, properly and
legibly completed, which was submitted for skilled nursing coverage under title
XVIII;
(ii) additional forms and
documents necessary to assess the patient's medical condition or need for
skilled nursing home care and services and determined by the Commissioner of
Health or his designee;
(iii) a
written justification of the facility's decision not to submit to Medicare
because of the patient's apparent technical ineligibility for
coverage;
(iv) the official
Medicare denial notice received from the Bureau of Health Insurance or its
fiscal intermediary for this purpose; and
(v) a copy of the request for reconsideration
for skilled nursing facility coverage submitted to Medicare; or, in cases where
the skilled nursing facility agrees with the Medicare decision, a copy of the
skilled nursing facility's justification for agreeing with the Medicare
rejection;
(7) in the
case of hospital bills submitted to the local department of social services for
inpatient, general hospital care, services and supplies, the hospital shall
maintain on file the notification of coverability made by the Commissioner of
Health or his authorized representative attesting to the appropriateness and
necessity of such care, services and supplies in accordance with Part 505 of
this Subchapter. No billing for payment shall be made for care, services or
supplies for any period of time for which coverability has not been determined
by the Commissioner of Health or his designee;
(8) a dated certification by the provider
that the care, services and supplies itemized have in fact been furnished; that
the amounts listed are due and owing and that, except as noted, no part thereof
has been paid; that payment of fees and rates made in accordance with
established schedules is accepted as payment in full for the care, services and
supplies provided; that there has been compliance with title VI of the Federal
Civil Rights Act of 1964 in furnishing care, services and supplies without
discrimination on the basis of race, color or national origin; that such
records as are necessary to disclose fully the extent of care, services and
supplies provided to individuals under the New York State Medicaid program will
be kept for a period of not less than six years from the date of payment unless
otherwise required by regulation, and information will be furnished regarding
any payment claimed therefor as the local social services agency or the State
Department of Social Services may request; and that the provider understands
that payment and satisfaction of this claim will be from Federal, State and
local public funds and that he or she may be prosecuted under applicable
Federal and State laws for any false claims, statements or documents, or
concealment of a material fact provided, however, that each bill need not
contain the dated certification required by this paragraph in cases where the
care, services or supplies (other than the services of a clinical laboratory)
were furnished in a Canadian province or in a state other than the State of New
York by a provider with a principal place of business outside the State of New
York so long as the provider has previously filed with the department a
certification containing all of the provisions required by this paragraph which
will be applicable to all bills to be submitted by the provider during the
period of the provider's participation in the medical assistance
program.
(9)
(i) Prior to payment of a bill for a service
directly related to a sterilization or a hysterectomy, the State agency must be
in possession of the appropriate documentation.
(ii) For sterilization this is the DSS 3134,
"Sterilization Consent Form"; for hysterectomies, the DSS 3113, "Acknowledgment
of Receipt of Hysterectomy Information."
(10) In the case of bills for physician
services, physicians are required to maintain complete, legible records in
English for each patient treated. Medical records shall include at a minimum,
but not be limited to, the following:
(i) the
full name, address and medical assistance program identification of each
patient examined and/or treated in the office for which a bill is
presented;
(ii) the date of each
patient visit;
(iii) the patient's
chief complaint or reason for each visit;
(iv) the patient's pertinent medical history
as appropriate to each visit, and findings obtained from any physical
examination conducted that day;
(v)
any diagnostic impressions made for each visit;
(vi) a recording of any progress of a
patient, including patient response to treatment;
(vii) a notation of all medication dispensed,
administered or prescribed, with the precise dosage and drug regimen for each
medication dispensed or prescribed;
(viii) a description of any X-rays,
laboratory tests, electrocardiograms or other diagnostic tests ordered or
performed, and a notation of the results thereof;
(ix) a notation as to any referral for
consultation to another provider or practitioner, a statement as to the reason
for, and the results of such consultations;
(x) a statement as to whether or not the
patient is expected to return for further treatment, the treatment planned, and
the time frames for return appointments;
(xi) a chart entry giving the medical
necessity for any ancillary diagnostic procedure; and
(xii) all other books, records and other
documents as are necessary to fully disclose the extent of the care, services
and supplies provided.
(b) Bills may represent individual billing
for each case served, or may represent multiple billing for a number of cases
at one time, depending upon the regulations which the public welfare district
shall establish. Such regulations will be governed by the plan of medical
payments elected by the district pursuant to State regulations with respect
thereto. In the case of multiple billing, supporting details for each service
provided to each patient must be attached to the bill, unless the description
of services rendered on the face of the bill is complete. (For example, a
multiple bill for drug prescriptions furnished would ordinarily be supported by
copies of the prescriptions, except in the unlikely situation where a druggist
lists the details of a prescription on the face of the bill itself.)