Ohio Administrative Code
Title 5160 - Ohio Department of Medicaid
Chapter 5160-10 - Medical Supplies, Durable Medical Equipment, Orthoses, and Prosthesis Providers
Section 5160-10-07 - DMEPOS: bathing seats
Universal Citation: OH Admin Code 5160-10-07
Current through all regulations passed and filed through September 16, 2024
(A) Definitions and explanations.
(1) "Assistance," for purposes of this rule,
is help with bathing-related tasks that individuals cannot accomplish by
themselves, such as getting into and out of a bathing chair, moving in and out
of the bathing area, or fastening and unfastening securements and positioners.
The term does not include actual bathing (soaping, shampooing, scrubbing,
rinsing).
(2) "Bathing seat" is a
collective term for an item or device that enables an individual to sit
securely and comfortably while taking a bath or shower.
(3) The primary healthcare purpose of a
bathing seat is to promote cleanliness. Certain bathing seats can also function
as commodes, and many commodes can be used as bathing seats. An item that
functions equally well as a bathing seat and as a commode is deemed to be a
commode for medicaid payment purposes.
(4)
Prior
authorization (PA) may be given only if a face-to-face evaluation of need has
been performed not earlier than one hundred eighty days before the submission
of the PA request.
(B) Providers.
(1) Prescribing providers. Eligible medicaid
providers of the following types, acting within their scope of practice, may
prescribe a bathing seat and may certify the medical necessity of a bathing
seat when such certification is needed:
(a) A
physician;
(b) An advanced practice
registered nurse with a relevant specialty;
(c) A physician assistant; or
(d) A podiatrist.
(2) Evaluators. The following professionals
may evaluate an individual's particular needs for a bathing seat:
(a) A physician, including a physiatrist,
orthopedic surgeon, and neurologist;
(b) An advanced practice registered nurse
with a relevant specialty;
(c) A
physician assistant;
(d) A
podiatrist;
(e) A physical
therapist; or
(f) An occupational
therapist.
(3) Rendering
providers. A medicaid provider enrolled as a basic durable medical equipment
(DME) supplier may furnish a bathing seat, part, or accessory or may render a
related service.
(4) Billing
providers. A medicaid provider enrolled as a basic DME supplier may receive
medicaid payment for submitting a claim for a bathing seat, part, accessory, or
related service.
(C) Coverage.
(1) Principles.
(a)
If documentation of medical necessity is
needed, the default certificate of medical necessity (CMN) is form ODM 10274,
"Certificate of Medical Necessity: Bathing Seats" (rev.
7/2024).
(b) If more than one
type of bathing seat will meet an individual's needs and satisfy the criteria
of medical necessity, then the maximum payment amount is the lowest of the
respective costs, regardless of which bathing seat is supplied.
(c) The provision of or payment for the
purchase of a medically necessary bathing seat for a resident of a long-term
care facility (LTCF) is the responsibility of the LTCF. Therefore, claims
submitted to the department for bathing seats furnished to LTCF residents will
be denied.
(d) Bathing seats on
wheels are not to be used simply as transport chairs from which an individual
then transfers to a bathtub, standard shower enclosure, or stationary bathing
seat. A request for a bathing seat on wheels is therefore not appropriate if
the individual does not have a roll-in shower enclosure.
(e) A back support for use in a bathtub is
not a bathing seat.
(2)
Classification. For purposes of this rule, bathing seats are classified into
three categories (basic, intermediate, complex) and
eleven total
subcategories.
The descriptions of the categories and subcategories given here are meant to be generally illustrative and neither all-inclusive nor exclusive.
(a) Basic bathing seats.
(i) Basic bath/shower chair.
(a) Appearance: it looks like a simple chair.
It does not have wheels. It may have a back, armrests, or both. It may have any
number of legs (including none). It is not wall-mounted.
(b) Construction: it is a standard
off-the-shelf product.
(c)
Positioning: it does not recline nor have tilt-in-space capability. It does not
have securement straps.
(d)
Independent use: the individual is able to use it without assistance.
(e) Commode capability: it cannot be used as
a commode.
(f) Assessment and
documentation: no face-to-face evaluation is needed. No PA is needed. No CMN is
needed in addition to the prescription.
(ii) Basic bath/shower bench.
(a) Appearance: it looks like a simple bench.
It does not have wheels. It may have a back, armrests, or both. It may have any
number of legs (including none). It is not wall-mounted.
(b) Construction: it is a standard
off-the-shelf product.
(c)
Positioning: it does not recline nor have tilt-in-space capability. It does not
have securement straps.
(d)
Independent use: the individual is able to use it without assistance.
(e) Commode capability: it cannot be used as
a commode.
(f) Assessment and
documentation: no face-to-face evaluation is needed. No PA is needed. No CMN is
needed in addition to the prescription.
(iii) Basic stationary transfer bath/shower
bench.
(a) Appearance: it looks like a simple
transfer bench, which straddles the side of the bathtub. It has a stationary
seat. It does not have wheels. It may have a back, armrests, or both. It may
have any number of legs (including none). It is not wall-mounted.
(b) Construction: it is a standard
off-the-shelf product.
(c)
Positioning: it does not recline nor have tilt-in-space capability. It does not
have securement straps.
(d)
Independent use: the individual is able to use it without assistance.
(e) Commode capability: it cannot be used as
a commode.
(f) Assessment and
documentation: no face-to-face evaluation is needed. No PA is needed. No CMN is
needed in addition to the prescription.
(iv) Basic sliding transfer bath/shower
bench.
(a) Appearance: it looks like a simple
transfer bench, which straddles the side of the bathtub. It has a sliding seat,
which may swivel. It does not have wheels. It may have a back, armrests, or
both. It may have any number of legs (including none). It is not
wall-mounted.
(b) Construction: it
is a standard off-the-shelf product.
(c) Positioning: it does not recline nor have
tilt-in-space capability. It does not have securement straps.
(d) Independent use: the individual is able
to use it (and operate the sliding seat) without assistance.
(e) Commode capability: it cannot be used as
a commode.
(f) Assessment and
documentation: no face-to-face evaluation is needed. No PA is needed. No CMN is
needed in addition to the prescription.
(v) Basic shower chair commode.
(a) Appearance: it looks like a standard
wheelchair (two large rear wheels and two eight-inch front casters) or
transport chair (four small casters or two small front casters and two slightly
larger rear wheels). It generally has a back and may have footrests. It does
not have a separate base.
(b)
Construction: the frame may be made either of metal such as steel or aluminum
or of a polymer such as polyvinyl chloride (PVC).
(c) Positioning: it may recline but does not
have tilt-in-space capability. It may have securement straps.
(d) Independent use: the individual is able
to use it without assistance.
(e)
Commode capability: it is used as a commode.
(f) Assessment and documentation: no
face-to-face evaluation is needed. No PA is needed. No CMN is needed in
addition to the prescription.
(b) Intermediate
bathing seats.
(i) Intermediate non-assisted shower chair.
(a) Appearance: it looks like a standard
wheelchair (two large rear wheels and two eight-inch front casters) or
transport chair (four small casters or two small front casters and two slightly
larger rear wheels). It does not have a separate base.
(b) Construction: the frame may be made of
steel or aluminum but not PVC.
(c)
Positioning: it may recline but does not have tilt-in-space capability. It may
have basic securement straps and positioners.
(d) Independent use: the individual is able
to use it without assistance.
(e)
Commode capability: it should be used as a commode if a commode is needed. (A
request for a separate commode will not be granted unless a medical reason
contraindicates a bathing seat with a commode function.)
(f) Assessment and documentation: a
face-to-face evaluation is needed. PA is needed. A CMN is needed in addition to
the prescription.
(ii)
Intermediate assisted multi-position beach style
bathing chair.
(a)
Appearance: it looks like a typical beach chair,
sitting close to the ground (or floor) on short legs. It is intended for use
only in a bathtub. It may have the capability to be used with a base, but any
such base is a separate item.
(b)
Construction: the
frame may be made of steel or aluminum but not PVC.
(c)
Positioning: it
may recline in multiple positions. It may have a head support. It may have
basic securement straps and positioners.
(d)
Independent use:
the individual needs assistance in using it.
(e)
Commode
capability: it cannot be used as a commode.
(f)
Assessment and
documentation: a face-to-face evaluation is needed. PA is needed. A CMN is
needed in addition to the prescription.
(iii)
Intermediate assisted single-position shower chair.
(a) Appearance: it looks like a transport
chair (four small casters or two small front casters and two slightly larger
rear wheels). It does not have a separate base.
(b) Construction: the frame may be made of
steel or aluminum but not PVC.
(c)
Positioning: it does not recline nor have tilt-in-space capability. It may have
basic securement straps and positioners.
(d) Independent use: the individual needs
assistance in using it.
(e) Commode
capability: it should be used as a commode if a commode is needed. (A request
for a separate commode will not be granted unless a medical reason
contraindicates a bathing seat with a commode function.)
(f) Assessment and documentation: a
face-to-face evaluation is needed. PA is needed. A CMN is needed in addition to
the prescription.
(iv) Intermediate
assisted multi-position shower chair.
(a)
Appearance: it looks like an examination or treatment chair on small wheels
such as casters. It may have a separate base.
(b) Construction: the frame may be made of
steel or aluminum but not PVC.
(c)
Positioning: it may recline in multiple positions but does not have
tilt-in-space capability. It may have basic securement straps and positioners.
It may have a head support.
(d)
Independent use: the individual needs assistance in using it.
(e) Commode capability: it should be used as
a commode if a commode is needed. (A request for a separate commode will not be
granted unless a medical reason contraindicates a bathing seat with a commode
function.)
(f) Assessment and
documentation: a face-to-face evaluation is needed. PA is needed. A CMN is
needed in addition to the prescription.
(c) Complex bathing seats.
(i) Complex positioning shower chair.
(a) Appearance: it looks like a complex
wheelchair. It has small wheels such as casters. It has no separate
base.
(b) Construction: the frame
may be made of steel or aluminum but not PVC.
(c) Positioning: it may recline in multiple
positions. It generally has basic securement straps and positioners. It may
have multiple support devices for the head, torso, arms, and legs.
(d) Independent use: the individual needs
assistance in using it.
(e) Commode
capability: it should be used as a commode if a commode is needed. (A request
for a separate commode will not be granted unless a medical reason
contraindicates a bathing seat with a commode function.)
(f) Assessment and documentation: a
face-to-face evaluation is needed. PA is needed. A CMN is needed in addition to
the prescription.
(ii)
Complex transfer bath/shower chair.
(a)
Appearance: it consists of a rolling base with a chair seat and small wheels
such as casters, a stationary base in the bathing area, and a connecting track
or rail that permits the chair seat to slide from the rolling base to the
stationary base (and thereby transfer the individual to the inside of the
bathtub or shower enclosure).
(b)
Construction: the frame may be made of steel or aluminum but not PVC.
(c) Positioning: it may recline in multiple
positions and may have tilt-in-space capability. It generally has basic
securement straps and positioners. It may have multiple support devices for the
head, torso, arms, and legs.
(d)
Independent use: the individual may need assistance in using it.
(e) Commode capability: it should be used as
a commode if a commode is needed. (A request for a separate commode will not be
granted unless a medical reason contraindicates a bathing seat with a commode
function.)
(f) Assessment and
documentation: a face-to-face evaluation is needed. PA is needed. A CMN is
needed in addition to the prescription. This type of bathing seat may be
requested only when there is no other appropriate form of transfer in and out
of the bathing space. Because the rolling base with chair seat functions as a
transport chair, a request for a separate transport chair for travel to and
from the bathing area will be denied.
(3) Purchase.
(a) Payment for intermediate and complex
bathing seats is subject to prior authorization (PA), which may be given only
if a face-to-face evaluation of need has been performed not earlier than one
hundred eighty days before the submission of the PA request.
(b) The purchase of a bathing seat includes
the bathing seat, delivery, setup, instruction and training in use, adjustments
or minor modifications, and other parts or accessories (either substituted or
added on). No separate payment is made for these items.
(c) Authorization will not be given for the
purchase of more than one bathing seat for concurrent use by an
individual.
(4) Repair,
including replacement of existing parts or accessories.
(a) The repair of an individual component is
subject to need verification. No verification is needed for the repair of a
wear item.
(b) For a bathing seat
not purchased by the department, submission of documentation of the medical
necessity of the bathing seat itself is needed for the initial repair but not
for subsequent repairs. The determination that a bathing seat not purchased by
the department is medically necessary does not indicate that the bathing seat
itself would be authorized for purchase.
(c) Payment is not permitted for temporary
replacement equipment (a "loaner bathing seat") provided while an individual's
bathing seat is being repaired.
(d)
No payment is made for routine maintenance.
(5) Evaluation and management.
(a) An evaluator may receive payment for
determining an individual's needs for a bathing seat. Not more than one payment
will be made per bathing seat per individual.
(b) Payment includes all services rendered by
the evaluator, including evaluation, product selection, confirmation at
delivery, and follow-up.
(6) Additional provisions and specifications.
(a) After delivery, the supplier needs to
maintain documentary evidence that the following statements are true concerning
a bathing seat and any related accessories:
(i) They were delivered to the individual for
whom they were prescribed;
(ii)
They are consistent with the items described in the CMN, if applicable;
and
(iii) They correspond exactly
to the items listed on the submitted claim.
(b) Claim payments for which there is
insufficient documentation are subject to recovery.
(c) A PA request needs to specify all
relevant information, such as procedure code, manufacturer, and model. A fully
detailed PA request for repair (either of the entire bathing seat or of
multiple components) includes the serial number of the equipment and a complete
itemization of parts and estimated labor needed.
(d) When an authorization specifies a
manufacturer, model, part number, or other information identifying a particular
item, then a supplier may provide and subsequently submit claims only for the
specified item.
(e) Payment will
not be authorized for a bathing seat to be used by an individual younger than
one year. For a child one year of age or older whose needs are not met by an
adult-sized bathing seat, consideration for authorization will be given only to
bathing seats that accommodate growth, unless there is a more appropriate,
cost-effective, medically necessary alternative available. Payment may be made
for additional parts needed to "grow" a bathing seat if the combined cost of
the parts and related labor is less than the cost of a new bathing
seat.
(f) A bathing seat purchased
by medicaid is the property of the individual for whom it was
prescribed.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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