Code of Vermont Rules
Agency 13 - AGENCY OF HUMAN SERVICES
Sub-Agency 170 - DEPARTMENT FOR CHILDREN AND FAMILIES (DCF)
Chapter 740 - OTHER MEDICAID SERVICES (7400)
Section 13 170 740 - OTHER MEDICAID SERVICES (7400)

Universal Citation: VT Code of Rules 13 170 740

Current through February, 2024

Section 7401 Renumbered

Section 7402 Renumbered

Section 7403 Clinic Services

Covered clinic services include the following:

Covered physicians' services billed by the clinic on the physician's behalf under an agreement with the physician; and

Services and medical supplies furnished by the clinic incident to covered physicians' services.

7403.1 Mental Health Clinics.

For policies, amount, duration and scope of benefits, and reimbursement rates, see the Department of Mental Health regulations #81-A20. The Department of Mental Health is also responsible for determining provider eligibility as a Community Mental Health Clinic.

7403.2 Indian Health Service Facilities.

Indian Health Service facilities are accepted as providers on the same basis as other qualified providers. The facility need not obtain a license, but must meet all applicable standards for licensure.

7403.3 Rural Health Clinics.

Coverage is limited to rural health clinics which have been certified for participation in Medicare as evidenced by a current agreement signed by the Secretary of HEW.

Reimbursable rural health clinic services are:

Services performed by a physician who is employed by the clinic to provide such services; and

Services and supplies incident to a physician's service if they are of a type commonly furnished in physicians' offices; of a type commonly rendered either without charge or included in the rural health clinic's bill; furnished as an incidental, although integral, part of a physician's service; furnished under the direct, personal supervision of a physician; and, in the case of a service, furnished by a member of the clinic's health care staff. Only drugs and biologicals which cannot be self-administered are included in this benefit (see Section M800 for pharmaceutical items); and

Nurse practitioner and physician assistant services if they are furnished by a qualified professional employed by the clinic; furnished under the medical supervision of a physician; furnished in accordance with medical orders prepared by a physician; of a type the practitioner is legally permitted to perform in the State; and of a type that would be coverable if furnished by a physician; and

Services and supplies incident to a nurse practitioner's or physician assistant's services if they are of a type commonly furnished in physicians' offices; of a type commonly rendered either without charge or included in the clinic's bill; furnished as an incidental, although integral, part of professional services of a nurse practitioner or physician assistant service; furnished under direct personal supervision of a nurse practitioner or physician assistant; and, in the case of a service, furnished by a member of the clinic's health care staff. Only drugs and biologicals which cannot be self-administered are included in this benefit (see Section M800 for pharmaceutical items).

Payment for rural health clinic services will be made in accordance with rates established for purposes of reimbursement under Medicare as provided in 42 CFR 405.2425.

Section 7404 Omitted by Agency

Section 7405 Laboratory and Radiology Services

Covered laboratory and radiology services include the following:

-- Microbiological, serological, hematological and pathological examinations; and

-- Diagnostic and therapeutic imaging services; and

-- Electro-encephalograms, electrocardiograms, basal metabolism readings, respiratory and cardiac evaluations.

Coverage is extended to independent laboratories and radiological services approved for Medicare participation for services provided under the direction of a physician and certification that the services are medically necessary.

When the place of service is "hospital inpatient", coverage for the technical component is included in the per diem hospital reimbursement. When the place of service is "hospital outpatient", coverage is included in the hospital reimbursement on the outpatient claim form for the technical component. Reimbursement for the professional component will be made only to a physician.

Anatomic pathology services form an exception to the place of service and component coverage. Total procedure codes may be used for anatomic pathology services performed by a laboratory outside the hospital in which the beneficiary is an inpatient or for an independent laboratory performing tests for registered inpatients.

7405.1 Limitations:

Laboratory services for urine drug testing is limited to eight (8) tests per calendar month for beneficiaries age 21 and older. This limitation applies to tests provided by professionals, independent labs and hospital labs for outpatients.

7405.2 Prior Authorization - Radiology

The following outpatient high-tech imaging services require prior authorization:

-- computed tomography (CT) (previously referred to as CAT scan);

-- computed tomographic angiography (CTA);

-- magnetic resonance imaging (MRI);

-- magnetic resonance angiography (MRA);

-- positron emission tomography (PET); and

-- positron emission tomography-computed tomography (PET/CT).

The following imaging services do not require prior authorization:

-- those provided during an inpatient admission;

-- those provided as part of an emergency room visit;

-- x-rays, including dual x-ray absorptiometry (DXA) images;

-- ultrasounds; or

-- mammograms.

7504.3

[7405.3] Prior Authorization - Laboratory

Exceptions to the limitations in 7504.1 must be prior approved.

Section 7406 Personal Care Services

7406.1 Definitions

As used in these regulations:

(a) "Activities of Daily Living" (ADL) includes dressing; bathing; grooming; eating; transferring; mobility; and toileting.

(b) "Employer" means the individual or entity who is responsible for the hiring of and ensuring payment to the provider.

(c) "Functional Evaluation Tool" means a standardized assessment tool to assist in the determination of medical necessity for personal care services.

(d) "Instrumental Activities of Daily Living" (IADL) includes personal hygiene, light housework, laundry, meal preparation, transportation, grocery shopping, using the telephone, medication management, and money management.

(e) "Medical Necessity" shall have the same meaning as Section 7103 of this rule.

(f) "Personal care services" means medically necessary services related to ADLs and IADLs that are furnished to an individual who is not an inpatient or resident of a hospital, nursing facility, intermediate care facility for people with developmental disabilities, or institution for mental disease.

(g) "Personal Care Attendant" means an individual at least 18 years of age having successfully passed required background checks who provides the personal care services to a child. A personal care attendant may not be a biological or adoptive parent, guardian, shared living provider, foster parent, step-parent, domestic/civil union partner of the child's primary caregiver, or a relative serving in the primary caregiver capacity.

7406.2 Eligibility Criteria.

To be eligible for Personal Care Services a child must:

(a) Be under the age of 21;

(b) Have active Medicaid enrollment;

(c) Have a medical condition, disability or cognitive impairment as documented by a physician, psychologist, psychiatrist, physician's assistant, nurse practitioner or other licensed clinician and;

(d) Qualify for medically necessary personal care services based on functional limitations in age-appropriate ability to perform ADLs.

7406.3 Covered Services.
A. Covered personal care services must be medically necessary and shall include:
1. Assistance with ADLs; such as bathing, dressing, grooming, bladder, or bowel requirements;

2. Assistance with eating, or drinking and diet activities;

3. Assistance in monitoring vital signs;

4. Routine skin care;

5. Assistance with positioning, lifting, transferring, ambulation and exercise;

6. Set-up, supervision, cueing, prompting, and guiding, when provided as part of the assistance with ADLs;

7. Assistance with home management IADLs that are linked to ADLs, and are essential to the beneficiary's care at home;

8. Assistance with medication management;

9. Assistance with adaptive or assistive devices when linked to the ADLs;

10. Assistance with the use of durable medical equipment when linked to the ADLs;

11. Accompanying the recipient to clinics, physician office visits, or other trips which are medically necessary.

B. Services shall be individualized and shall be provided exclusively to the authorized individual.

C. Payment for services shall not exceed the amount awarded.

D. Prior authorization shall be required prior to the provision of personal care services.

E. Services must be provided in the most cost effective manner possible.

7406.4 Personal Care Attendant.
A. A personal care attendant may be employed:
i. By home health agencies, nursing service agencies, or other agencies designated to furnish this service; or

ii. Directly by the recipient, family, guardian, or guardian's designee (known as self/family/surrogate directed services). In the case of self, family, or surrogate direction, the employer must use the state-sanctioned fiscal employer agent for payroll and administrative services.

B. Personal care attendants may be paid within the awarded amount:
i. The current Medicaid rate on file. The current Medicaid rate is published on the website of the Department of Vermont Health Access and may be found at http://dvha.vermont.gov/ and is hereby incorporated by reference; or

ii. A flexible wage. The flexible wage shall not be lower than the current Medicaid rate on file, but may be reasonably higher.

iii. The recipient, if an adult between the ages of 18 and 21, or his or her guardian, or the parent or guardian of a minor child, may select the personal care attendant's reasonable rate of pay. Different rates of pay may be paid to different personal care attendants providing services to the same child.

C. Personal Care Attendant Wages and Payroll Taxes -The employer is responsible for paying the appropriate payroll taxes out of the awarded amount.

D. A personal care attendant may provide personal care services to only one recipient at a time.

7406.5 Determination of Personal Care Services
A. The State shall from time to time adopt and designate for use a functional evaluation tool.

B. The functional evaluation tool shall assist in measuring the level of assistance a recipient requires in activities of daily living and such instrumental activities of daily living linked to the recipient's ADLs.

C. Reevaluations will occur in accordance with the following:
i. Annually through age 5;

ii. Changing to every 3 years if the child has two consecutive years of the same evaluation outcome; or

iii. When there is a change in the child's ability to perform ADLs and IADLs.

Section 7407 Renumbered

Section 7408 Renumbered

Section 7409 Repealed

Section 7410 Renumbered

Section 7411 Private Non-medical Institutions

A Private Non-Medical Institution (PNMI) is a facility that provides medical care to its residents. The facility is enrolled as a Medicaid provider and receives Medicaid reimbursement for the actual medical services that are provided to Medicaid beneficiaries residing in the facility. This definition of a PNMI is consistent with federal regulations at 42 CFR § 434.2.

7411.1 Residential Child Care Facilities.

Vermont Medicaid reimburses for medical services provided to beneficiaries who are residents of private non-medical institutions for child care services.

These facilities are residential child care facilities that are maintained and operated for the provision of child care services, as defined in 33 VSA 306, and are licensed by the Department of Social and Rehabilitation Services under the "Licensing Regulations for Residential Child Care Facilities".

Services may be provided by physicians, psychologists, R.N.s, L.P.N.s, speech therapists, occupational therapists, physical therapists, licensed substance abuse counselors, Masters degree social workers, and other qualified staff carrying out a plan of care. Such plans of care, or initial assessments of the need for services, must be prescribed by a physician, psychologist, or other licensed practitioner of the healing arts within the scope of his/her practice under State law.

7411.2 Prior Authorization.

All admissions to private non-medical institutions for which Medicaid reimbursement is anticipated must be prior authorized by the placing agency, i.e., the Department of Social and Rehabilitation Services, the Department of Developmental and Mental Health Services, or the Department of Education or Local Education Agency.

7411.3 Reimbursement.

Reimbursement for these services is made at per diem rates based on a cost-based prospective rate setting system as described in the Private Non-Medical Institution section of the Medicaid Practices and Procedures Manual. Such rates include the following three components:

1. treatment,

2. room, board, and supervision

3. education.

No Medicaid reimbursement is made for the room and board or educational components of the rates.

7411.4 Assistive Community Care Facilities.

Vermont Medicaid reimburses for medical services provided to beneficiaries who are residents of private non-medical institutions providing assistive community care services.

These PMNI facilities must be licensed by the Department of Aging and Disabilities as level III residential care homes and must be in good standing with the licensing agency in order to become a certified Medicaid provider.

The medical services provided in an Assistive Community Care facility include:

Case Management: Case management assists residents in gaining access to needed medical, social, and other services in order to promote the resident's independence in the facility. In addition case management includes coordinating referrals required to link the resident and family to services specified in the resident's plan of care, and consultation to providers and support person(s).

Assistance with the Performance of Activities of Daily Living: Assistance with the performance of activities of daily living includes help with meals, dressing, movement, bathing, grooming, or other personal needs.

Medication Assistance, Monitoring and Administration: Medication assistance, monitoring and administration include those activities defined and described in the Vermont Residential Care Home Licensing Regulations adopted 10/7/93 at 2.2b, 2.2.a, and 5.9 (see pages 3, and 25 - 31).

24-hour On-site Assistive Therapy: Assistive therapy includes activities, techniques or methods designed to improve cognitive skills or modify behavior. Assistive therapy is furnished in consultation with a licensed professional, such as a registered or practical nurse, physician, psychologist, mental health counselor, clinical social worker, qualified mental retardation professional (QMRP), or special educator.

Restorative Nursing: Restorative nursing includes services that promote and maintain function. Restorative nursing services are specified in the resident's service plan and may be provided in a group setting.

Nursing Assessment: Nursing assessment includes completion of an initial and periodic reassessment of the resident, and other skilled professional nursing activities that include evaluation and monitoring of resident health conditions and care planning interventions to meet a resident's needs at the times specified by the Vermont Residential Care Home Licensing Regulations for Level III residential care homes.

Health Monitoring: Health monitoring includes resident observation and appropriate reporting or follow-up action by residential care home staff, in accordance with the Residential Care Home Licensing Regulations adopted 10/7/1993.

Routine Nursing Tasks: Routine nursing tasks are performed by trained personal care or nursing staff with overview from a licensed registered nurse in accordance with the Vermont Residential Care Home Licensing Regulations adopted 10/7/1993 and the Vermont Nurse Practice Act. Assistive Community Care Services reimbursement is not designed to compensate for care which requires a variance under the Vermont Residential Care Home Licensing Regulations adopted 10/7/1993, or which cannot be performed while meeting the needs of the total resident population of a home.

7411.5 Reimbursement.

Reimbursement for assistive community care services is made at a single per diem rate for all residential care homes enrolled in Medicaid to provide this service. This reimbursement does not cover room and board services provided to Medicaid beneficiaries.

Section 7412 Renumbered

STATUTORY AUTHORITY:

3 V.S.A. § 3003; 18 V.S.A. §§ 102, 104; 33 V.S.A. §§ 105, 1901

Disclaimer: These regulations may not be the most recent version. Vermont 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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