Medicare Physician Guide

A Resource for

 Residents, Practicing 

 Physicians,

 and 

Other 

Health Care 

Medicare Physician Guide

Professionals

A Resource for

 Residents, Practicing 

 Physicians,

 and 

Other 

Health Care 

Professionals

ICN: 005933 October 2009
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 1

MEDICARE PHYSICIAN GUIDE:

A RESOURCE FOR RESIDENTS, PRACTICING 

PHYSICIANS, AND OTHER HEALTH CARE PROFESSIONALS

Eleventh Edition – October 2009

Disclaimer

This guide was current at the time it was published or uploaded onto the web. Medicare 

policy changes frequently so links to the source documents have been provided within 

the document for your reference. 

This guide was prepared as a tool to assist providers and is not intended to grant rights 

or impose obligations. Although every reasonable effort has been made to assure the 

accuracy of the information within these pages, the ultimate responsibility for the correct 

submission of claims and response to any remittance advice lies with the provider of 

services. The Centers for Medicare & Medicaid Services (CMS) employees, agents, and 

staff make no representation, warranty, or guarantee that this compilation of Medicare 

information is error-free and will bear no responsibility or liability for the results or 

consequences of the use of this guide. This guide is a general summary that explains 

certain aspects of the Medicare Program, but is not a legal document. The official 

Medicare Program provisions are contained in the relevant laws, regulations, and 

rulings.

Medicare Learning Network

The Medicare Learning Network (MLN) is the brand name for official CMS educational 

products and information for Medicare fee-for-service providers. For additional 

information visit the Medicare Learning Network’s web page at 

http://www.cms.hhs.gov/MLNGenInfo on the CMS website.

CPT Notice and Disclaimer

CPT codes, descriptions, and other data only are copyright 2008 American Medical 

Association. All Rights Reserved. CPT is a registered trademark of the American 

Medical Association. Applicable FARS/DFARS Restrictions Apply to Government Use.

Fee schedules, relative value units, conversion factors and/or related components are 

not assigned by the AMA, are not part of CPT, and the AMA is not recommending their 

use. The AMA does not directly or indirectly practice medicine or dispense medical 

services. The AMA assumes no liability for data contained or not contained herein.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 2

ICD-9-CM Notice

The International Classification of Diseases, 9th Revision, Clinical Modification 

(ICD-9-CM) is published by the United States Government. A CD-ROM, which may be 

purchased through the Government Printing Office, is the only official Federal 

government version of the ICD-9-CM. ICD-9-CM is an official Health Insurance 

Portability and Accountability Act standard.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 3

TABLE OF CONTENTS

CHAPTER ONE- INTRODUCTION TO THE MEDICARE PROGRAM................ 6

CENTERS FOR MEDICARE & MEDICAID SERVICES ............................................... 7

THE MEDICARE PROGRAM ...................................................................................... 8

Part A and Part B Enrollment Periods ...................................................................... 8

Part A – Hospital Insurance ..................................................................................... 9

Part B – Medical Insurance .................................................................................... 12

Part C – Medicare Advantage ................................................................................ 13

Part D – Prescription Drug Plan ............................................................................. 14

ORGANIZATIONS THAT IMPACT THE MEDICARE PROGRAM.............................. 15

CHAPTER TWO - BECOMING A MEDICARE PROVIDER OR SUPPLIER ..... 17

MEDICARE PROVIDERS AND SUPPLIERS............................................................. 18

Part A Providers and Suppliers .............................................................................. 18

Part B Providers and Suppliers .............................................................................. 18

Physicians.............................................................................................................. 19

Interns and Residents ............................................................................................ 19

Teaching Physicians .............................................................................................. 20

Practitioners ........................................................................................................... 20

ENROLLING IN THE MEDICARE PROGRAM........................................................... 20

National Provider Identifier..................................................................................... 20

Medicare Enrollment Application............................................................................ 21

Participating and Nonparticipating Providers and Suppliers................................... 23

PRIVATE CONTRACTS WITH MEDICARE BENEFICIARIES................................... 26

PROMOTING CULTURAL COMPETENCY IN YOUR PRACTICE............................. 27

CHAPTER THREE - MEDICARE REIMBURSEMENT...................................... 29

MEDICARE CLAIMS.................................................................................................. 30

Exceptions to Mandatory Filing .............................................................................. 30

Electronic Claims ................................................................................................... 31

Electronic Media Claims Submissions ................................................................... 31

Electronic Media Claims Submission Alternatives.................................................. 31

Paper Claims.......................................................................................................... 32

Durable Medical Equipment, Prosthetics and Orthotics, and Parenteral and Enteral 

Nutrition Claims...................................................................................................... 32

DEDUCTIBLES, COINSURANCE, AND COPAYMENTS .......................................... 33

COORDINATION OF BENEFITS............................................................................... 33

Medicare Secondary Payer Program ..................................................................... 33

Coordination of Benefits Contractor ....................................................................... 35

INCENTIVE PAYMENTS........................................................................................... 37

Health Professional Shortage Area Incentive Payment.......................................... 37

Physician Quality Reporting Initiative Incentive Payment....................................... 38
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 4

MEDICARE PHYSICIAN FEE SCHEDULE................................................................ 38

MEDICARE NOTICES............................................................................................... 40

Advance Beneficiary Notice ................................................................................... 40

Certificate of Medical Necessity and Durable Medical Equipment Medicare 

Administrative Contractor Information Forms......................................................... 40

Remittance Advice ................................................................................................. 41

Medicare Summary Notice..................................................................................... 41

OTHER HEALTH INSURANCE PLANS..................................................................... 42

Medicare Advantage .............................................................................................. 42

Medicaid................................................................................................................. 42

Medigap ................................................................................................................. 43

Railroad Retirement ............................................................................................... 43

United Mine Workers of America............................................................................ 44

CHAPTER FOUR - MEDICARE PAYMENT POLICIES .................................... 45

MEDICARE COVERED SERVICES .......................................................................... 46

Part A Inpatient Hospital Services.......................................................................... 46

Part B Services ...................................................................................................... 49

INCIDENT TO PROVISION ....................................................................................... 49

SERVICES NOT COVERED BY MEDICARE ............................................................ 51

CHAPTER FIVE - EVALUATION AND MANAGEMENT SERVICES................ 53

COMMON SETS OF CODES..................................................................................... 54

Evaluation and Management Services................................................................... 54

International Classification of Diseases, 10th Edition, Clinical Modification/ ........... 56

Procedure Coding System ..................................................................................... 56

EVALUATION AND MANAGEMENT DOCUMENTATION......................................... 56

CHAPTER SIX - PROTECTING THE MEDICARE TRUST FUND .................... 58

MEDICAL REVIEW PROGRAM................................................................................. 59

COVERAGE DETERMINATIONS.............................................................................. 59

HEALTH CARE FRAUD AND PROGRAM ABUSE .................................................... 61

Significant Medicare Fraud and Abuse Provisions................................................. 62

Potential Legal Actions........................................................................................... 63

Sanctioned and Reinstated Provider and Supplier Lists ........................................ 66

Incentive Reward Program..................................................................................... 66

Whistle Blower Provision........................................................................................ 66

CHAPTER SEVEN - INQUIRIES, OVERPAYMENTS, AND FEE-FOR-SERVICE 

APPEALS .......................................................................................................... 68

INQUIRIES ................................................................................................................ 69

OVERPAYMENTS..................................................................................................... 69
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 5

FEE-FOR-SERVICE APPEALS................................................................................. 71

The Five Levels of Appeals.................................................................................... 72

Liability and Appeal Decisions ............................................................................... 76

Reopenings............................................................................................................ 76

REFERENCE SECTION .................................................................................... 78

GLOSSARY............................................................................................................... 79

ACRONYMS.............................................................................................................. 86

CONTACT INFORMATION ....................................................................................... 91

1995 DOCUMENTATION GUIDELINES FOR EVALUATION & MANAGEMENT

SERVICES ................................................................................................................ 98

1997 DOCUMENTATION GUIDELINES FOR EVALUATION & MANAGEMENT

SERVICES .............................................................................................................. 114
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 6

CHAPTER ONE

INTRODUCTION TO

THE MEDICARE PROGRAM
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 7

This chapter provides information about the Centers for Medicare & Medicaid Services 

(CMS), the Medicare Program, and organizations that impact the Medicare Program.

CENTERS FOR MEDICARE & MEDICAID SERVICES 

CMS is a Federal agency within the U.S. Department of Health and Human Services 

(HHS) that administers and oversees the Medicare Program and a portion of the 

Medicaid Program. CMS also regulates laboratory testing and surveys and certifies 

Rural Health Clinics, Federally Qualified Health Centers, Critical Access Hospitals, 

nursing homes, health care agencies, intermediate care facilities for the mentally 

retarded, and hospitals. CMS consists of a Central Office and 10 Regional Offices (RO). 

The Central Office is located in Baltimore, Maryland, and provides operational direction 

and policy guidance for the nationwide administration of the above programs. The ROs 

are located in major cities throughout the U.S. and support the health care provider 

community by:

Conducting outreach activities;

Establishing relationships with local and regional provider associations; and 

Helping providers and suppliers resolve disputes they may have with 

Contractors.

Where to Find Additional Information About the Centers For Medicare & Medicaid Services

To find additional information about CMS, visit 

http://www.cms.hhs.gov/home/aboutcms.asp on the CMS website.

CMS awards contracts to organizations called Medicare Contractors who perform 

claims processing and related administrative functions. Beginning in 2006, all Original 

Medicare Plan claims processing Contractors (Fiscal Intermediaries, Carriers, and 

Durable Medical Equipment Carriers) will be transitioned into Medicare Administrative 

Contractors. 

Medicare Contractor Contact Information

The Provider Call Center Toll-Free Numbers Directory, which contains Medicare 

Contractor contact information, can be accessed in the Downloads Section at 

http://www.cms.hhs.gov/MLNGenInfo/30_contactus.asp on the CMS website.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 8

THE MEDICARE PROGRAM

The Medicare Program was established by Title XVIII of the Social Security Act (the 

Act) on July 1, 1966. Medicare consists of the following four parts:

Part A, hospital insurance;

Part B, medical insurance;

Part C, Medicare Advantage (MA); and 

Part D, prescription drug plan (PDP).

Part A and Part B are available to:

Individuals who are age 65 or older;

Individuals who are under age 65 with certain disabilities; and

Individuals with End-Stage Renal Disease (ESRD). 

When an individual becomes entitled to Medicare, CMS or the Railroad Retirement 

Board (RRB) will issue a health insurance card. The following information can be found 

on the health insurance card:

Name;

Sex;

Medicare Health Insurance Claim (HIC) number; and

Effective date of entitlement to Part A and/or Part B.

The HIC number on the health insurance card issued by CMS has an alpha or 

alphanumeric suffix and the Social Security Number (SSN), which is usually either the 

SSN of the insured or the spouse of the insured (depending on whose earnings 

eligibility is based). The HIC number on the health insurance card issued by the RRB 

has an alpha prefix and one or more characters and the insured’s SSN, a six-digit 

number, or a nine-digit number. 

Office staff should regularly request the beneficiary’s health insurance card and picture 

identification to verify that services are furnished only to individuals eligible to receive 

Medicare benefits. Copies of the health insurance card and picture identification should 

be made for the beneficiary’s medical file.

Part A and Part B Enrollment Periods

Individuals who want premium Part A and/or Part B may only enroll during one of the 

following prescribed enrollment periods: 

The Initial Enrollment Period (IEP) begins with the first day of the third month 

before the month premium Part A or Part B eligibility requirements are first met 

and ends seven months later (e.g., the IEP for the aged begins three months 

before the individual attains age 65 years and ends the third month after the 

month age 65 years is attained). 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 9

The General Enrollment Period takes place from January 1 through March 31 of 

each year. Premium Part A and Part B coverage will be effective on July 1.

The Special Enrollment Period (SEP) for the working aged and working disabled 

is when individuals may enroll who did not enroll in premium Part A or Part B 

when first eligible because they were covered under a Group Health Plan (GHP) 

based on their own or a spouse’s current employment (or the current 

employment of a family member, if disabled). The individual can enroll at any 

time while covered under the GHP based on current employment or during the 

eight-month period that begins the first month employment ends or the GHP 

coverage ends, whichever occurs first. Individuals with ESRD are not eligible to 

enroll during this SEP.

The SEP for international volunteers is when individuals may enroll who did not 

enroll in premium Part A or Part B when first eligible because they were 

performing volunteer service outside of the U.S. on behalf of a tax-exempt 

organization and had health insurance that provided coverage for the duration of 

the volunteer service. The individual can enroll during the six-month period that 

begins the month he or she is no longer performing volunteer service outside of 

the U.S. 

The Transfer Enrollment Period is when individuals who are age 65 years or 

over, entitled to Part B, and enrolled in a MA or Medicare 1876 cost plan may 

enroll in premium Part A. The individual may enroll during any month in which he 

or she is enrolled in the MA or Medicare 1876 cost plan or during any of the eight 

consecutive months following the last month he or she was enrolled in the MA or 

Medicare 1876 cost plan. 

Premium Part A and/or Part B coverage continue until one of the following events occur: 

The individual's voluntary request for termination; 

Failure to pay premiums; 

Premium-free Part A terminates (for individuals under age 65); or 

The individual's death. 

Part A – Hospital Insurance

Some of the services that Part A, hospital insurance, helps pay for include:

Inpatient hospital care;

Inpatient care in a Skilled Nursing Facility following a covered hospital stay;

Some home health care; and

Hospice care.

Eligibility Guidelines

To be eligible for premium-free Part A, an individual must first be insured based on his 

or her own earnings or the earnings of a spouse, parent, or child. To be insured, a 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 10

worker must have a specified number of quarters of coverage (QC). The exact number 

of required quarters is dependent on whether he or she is filing for Part A on the basis 

of age, disability, or ESRD. QCs are earned through payment of payroll taxes under the 

Federal Insurance Contributions Act (FICA) during the individual’s working years. Most 

individuals pay the full FICA tax so that the QCs they earn can be used to insure them 

for both monthly Social Security benefits and Part A. Certain Federal, State, and local 

government employees pay only the Part A portion of the FICA tax. The QCs these 

employees earn can be used only to insure them for Part A and may not be used to 

insure them for monthly Social Security benefits.

Individuals Age 65 Years or Older 

To be eligible for premium-free Part A on the basis of age, an individual must be age 65 

years or older and either eligible for monthly Social Security or Railroad Retirement 

cash benefits or would be eligible for such benefits if the worker's QCs from government 

employment were regular Social Security QCs. Part A for the aged individual begins 

with the month age 65 years is attained, provided he or she files an application for 

Part A or for cash benefits and Part A within six months of the month in which age 65 

years is attained. If the application is filed later than that, Part A entitlement can be 

retroactive for only six months. For Medicare purposes, individuals attain age 65 years 

the day before their actual 65th birthday and Part A is effective on the first day of the 

month upon attainment of age 65 years. For an individual whose 65th birthday is on the 

first day of the month, Part A is effective on the first day of the month preceding their 

birth month. For example, if an individual’s birthday is on December 1, Part A is 

effective on November 1 since for Medicare purposes, he or she attained age 65 

years on November 30. Individuals who continue to work beyond age 65 years may 

elect to file an application for Part A only. Part A entitlement generally does not end until 

the death of the individual.

A second group of aged individuals who are eligible for Part A are those individuals age 

65 years or older who are not insured but elect to purchase Part A coverage by filing an 

application at a Social Security Administration (SSA) office. Because a monthly 

premium is required, this coverage is called premium Part A. The individual must be a 

U.S. resident and either a citizen or an alien lawfully admitted for permanent residence

who has resided in the U.S. continuously for the five-year period immediately preceding 

the month the application is filed. Individuals who want premium Part A can only file for 

coverage during a prescribed enrollment period and must also enroll or already be 

enrolled in 

Part B. 

Individuals Under Age 65 Years with Certain Disabilities

A disabled individual who is entitled to Social Security or Railroad Retirement benefits 

on the basis of disability is automatically entitled to Part A after 24 months of entitlement 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 11

to such benefits. In addition, disabled persons who are not insured for monthly Social 

Security disability benefits but would be insured for such benefits if their QCs from 

government employment were Social Security QCs are deemed to be entitled to 

disability benefits and automatically entitled to Part A after being disabled for 29 

months. Part A entitlement on the basis of disability is available to the worker and to the 

widow, widower, or child of a deceased, disabled, or retired worker if any of them 

become disabled within the meaning of the Act or the Railroad Retirement Act. 

Beginning July 1, 2001, individuals whose disability is Amyotrophic Lateral Sclerosis are 

entitled to Medicare Part A the first month they are entitled to Social Security disability 

cash benefits. If an individual recovers from a disability, Part A entitlement ends at the 

end of the month after the month he or she is notified of the disability termination. 

However, in the case of individuals who return to work but continue to suffer from a 

disabling impairment, Part A entitlement will continue for at least 93 months after the 

individual returns to work. 

Individuals with End-Stage Renal Disease

Individuals are eligible for Part A if they receive regular dialysis treatments or a kidney 

transplant, have filed an application, and meet one of the following conditions:

Have worked the required amount of time under Social Security, the RRB, or as 

a government employee; 

Are receiving or are eligible for Social Security or Railroad Retirement benefits; 

or

Are the spouse or dependent child of an individual who has worked the required 

amount of time under Social Security, the RRB, or as a government employee or 

who is receiving Social Security or Railroad Retirement benefits.

Part A coverage begins:

The third month after the month in which a regular course of dialysis begins; 

The first month self-dialysis training begins (if training begins during the first three 

months of regular dialysis); 

The month of kidney transplant; or 

Two months prior to the month of transplant if the individual was hospitalized 

during those earlier months in preparation for the transplant.

Part A entitlement ends 12 months after the regular course of dialysis ends or 36 

months after transplant.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 12

Part B – Medical Insurance

Some of the services that Part B, medical insurance, helps pay for include:

Medically necessary services furnished by physicians in a variety of medical 

settings, including but not limited to:

o The physician’s office;

o An inpatient or outpatient hospital setting; and

o Ambulatory Surgical Centers;

Home health care for individuals who do not have Part A;

Ambulance services;

Clinical laboratory and diagnostic services;

Surgical supplies;

Durable medical equipment, prosthetics, orthotics, and supplies; 

Hospital outpatient services; and

Services furnished by practitioners with limited licensing such as:

o Audiologists;

o Certified nurse midwives;

o Certified registered nurse anesthetists; 

o Clinical nurse specialists;

o Clinical psychologists;

o Clinical social workers; 

o Independently practicing occupational therapists;

o Independently practicing physical therapists;

o Nurse practitioners; and

o Physician assistants.

Eligibility Guidelines

All individuals who are eligible for premium-free Part A are eligible to enroll in Part B. 

Since Part B is a voluntary program that requires the payment of a monthly premium, 

those individuals who do not want coverage may refuse enrollment. An individual age 

65 years or over who is not eligible for premium-free Part A must be a U.S. resident and 

either a citizen or an alien lawfully admitted for permanent residence who has resided in 

the U.S. continuously for the five-year period immediately preceding the month the 

Part B enrollment application is filed. Individuals who refused Part B and those whose 

Part B coverage terminated may enroll or re-enroll in Part B only during prescribed 

enrollment periods. 

Where to Find Additional Information About Medicare Part A and Part B

Additional information about Medicare Part A and Part B can be found at 

http://www.cms.hhs.gov/MedicareGenInfo on the CMS website.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 13

Part C – Medicare Advantage

MA is a program through which organizations that contract with CMS furnish or arrange 

for the provision of health care services to Medicare beneficiaries who:

Are entitled to Part A and enrolled in Part B;

Permanently reside in the service area of the MA Plan; and 

Elect to enroll in a MA Plan.

Individuals with ESRD are generally excluded from enrolling in MA Plans.

Since 2006, beneficiaries have been able to enroll in regional Preferred Provider 

Organization (PPO) Plans throughout the U.S. In addition, beneficiaries are able to 

choose options such as Private Fee-for-Service Plans (PFFS), Health Maintenance 

Organizations, local PPOs (currently the most popular type of employer-sponsored 

plan), and Medicare Medical Savings Account (MSA) Plans (combines a high-deductible 

health plan with a MSA). 

MA plans may also offer Medicare prescription drug benefits. Individuals enrolled in MA 

plans must receive their Medicare prescription drug benefits from their MA plan, except 

for MA PFFS plans that do not include drug benefits.

Medicare beneficiaries may choose to join or leave a MA Plan during one of the 

following election periods:

Initial Coverage Election Period, which begins three months immediately before 

the individual’s entitlement to both Medicare Part A and Part B and ends on the 

later of either the last day of the month preceding entitlement to both Part A and 

Part B or the last day of the individual’s Part B IEP. If the beneficiary chooses to 

join a Medicare health plan during this period, the Plan must accept him or her 

unless the Plan has reached its member limit.

Annual Coordinated Election Period (AEP), which occurs each year between 

November 15 and December 31. The Plan must accept all enrollments during 

this time unless it has reached its member limits. 

SEP, when, under certain circumstances, the beneficiary may change MA Plans 

or return to the Original Medicare Plan. 

Open Enrollment Period (OEP), during which time the beneficiary may leave or 

join another MA Plan if it is open and accepting new members. Elections made 

during this period must be made to the same type of plan (regarding Medicare 

prescription drug coverage) in which the individual is already enrolled. The OEP 

occurs from January 1 through March 31 of every year. If a plan chooses to be 

open, it must allow all eligible beneficiaries to join or enroll.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 14

Where to Find Additional Information About Medicare Advantage and Private Fee-for-Service Plans

Additional information about MA and PFFS Plans is available as follows:

At http://www.cms.hhs.gov/HealthPlansGenInfo on the CMS website; and

At http://www.cms.hhs.gov/PrivateFeeforServicePlans on the CMS website.

Part D – Prescription Drug Plan

The PDP provides prescription drug coverage to all beneficiaries who elect to enroll in a 

PDP or MA Plan that includes Part D. 

Medicare beneficiaries may choose to join or leave a Medicare PDP during the following 

enrollment periods:

The IEP for Part D is the 7-month period that surrounds the individual 

beneficiary’s first eligibility for Part D, beginning 3 months before the month of 

eligibility and ending on the last day of the third month following the month 

eligibility began. 

AEP, which occurs each year between November 15 and December 31. The 

Medicare PDP must accept all enrollments during this time. 

SEP, during which time beneficiaries in certain circumstances may change 

PDPs. The following are examples of such circumstances:

o He or she permanently moves outside the service area;

o He or she has both Medicare and Medicaid;

o He or she moves into, resides in, or moves out of an institution; or

o Other exceptions as determined by CMS.

Where to Find Additional Information About the Prescription Drug Plan

Additional information about the PDP can be found at 

http://www.cms.hhs.gov/PrescriptionDrugCovGenIn on the CMS website.

An individual with Medicare and limited income and resources may qualify for extra help 

paying for Medicare prescription drug coverage costs. If the individual qualifies for extra 

help, he or she will receive assistance in paying for their drug plan’s monthly premium, 

yearly deductible, and prescription copayments. Applications for extra help may be filed 

at the local Medicaid office or by contacting the SSA.

Social Security Administration Contact Information

The SSA contact information is as follows:

At http://www.socialsecurity.gov on the Web; and

Telephone: (800) 772-1213.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 15

ORGANIZATIONS THAT IMPACT THE MEDICARE PROGRAM 

The following organizations impact the Medicare Program:

U.S. House of Representatives:

o Ways and Means Committee;

o Appropriations Committee; and

o Energy and Commerce Committee.

U.S. Senate:

o Appropriations Committee;

o Finance Committee; and

o Energy and Commerce Committee.

The SSA determines eligibility for Medicare benefits and enrolls individuals in 

Part A and/or Part B and the Federal Black Lung Benefit Program. The SSA 

completes the following activities:

o Replaces lost or stolen Medicare cards;

o Makes address changes;

o Collects premiums from beneficiaries; and

o Educates beneficiaries about coverage and insurance choices.

The Office of Inspector General (OIG) protects the integrity of HHS programs and 

the health and welfare of beneficiaries of those programs through a nationwide 

network of audits, investigations, inspections, and other mission-related 

functions.

Where to Find Additional Information About the Office of Inspector General

Additional information about the OIG can be found at http://www.oig.hhs.gov on 

the Web.

State Agencies survey all Medicare Part A and certain Part B providers and 

suppliers and make recommendations about their suitability for participation in 

the Medicare Program. SAs also assist providers and suppliers in sustaining 

quality standards.

State Agency Contact Information 

Contact information for SAs can be found at 

http://www.cms.hhs.gov/SurveyCertificationGenInfo/03_ContactInformation.asp

on the CMS website.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 16

CMS contracts with one Quality Improvement Organization (QIO) in each state, 

Washington, D.C., Puerto Rico, and the Virgin Islands. QIOs are private, mostly 

not-for-profit organizations that are staffed by professionals who are trained to 

review medical care, help beneficiaries with complaints about quality of care, and 

implement improvements in the quality of care. The mission of the QIO Program 

is to improve the effectiveness, efficiency, economy, and quality of services 

delivered to Medicare beneficiaries.

Where to Find Additional Information About Quality Improvement Organizations

Additional information about QIOs and a link to the directory of QIOs can be 

found at 

http://www.cms.hhs.gov/QualityImprovementOrgs/01_Overview.asp on the CMS

website.

The State Health Insurance Assistance Program (SHIP) is a national program 

that offers free one-on-one counseling and assistance to individuals with 

Medicare and their families through interactive sessions, public education 

presentations and programs, and media activities. There are SHIPs in all 50 

states, Washington, D.C., Puerto Rico, and the Virgin Islands. SHIP-trained 

counselors provide a wide range of information about long-term care insurance; 

Medigap; fraud and abuse; and the Medicare, Medicaid, and public benefit 

programs for those with limited income and assets. 

Where to Find Additional Information About the State Health Insurance Assistance Program

Additional information about the SHIP and a link to State Health Insurance offices 

can be found at

http://www.cms.hhs.gov/Partnerships/10_SHIPS.asp on the CMS website.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 17

CHAPTER TWO

BECOMING A MEDICARE

PROVIDER OR SUPPLIER
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 18

This chapter discusses Medicare providers and suppliers, enrolling in the Medicare 

Program, private contracts with Medicare beneficiaries, and promoting cultural 

competency in your practice.

MEDICARE PROVIDERS AND SUPPLIERS

The Medicare Program recognizes a broad range of providers and suppliers who furnish 

the necessary services and supplies to meet the health care needs of beneficiaries. 

Part A Providers and Suppliers

Medicare makes payment under Part A for certain services furnished by the following 

types of entities:

Critical Access Hospitals;

Federally Qualified Health Centers;

Histocompatibility Laboratories;

Home Health Agencies (including sub-units);

Hospice;

Hospitals (acute care inpatient services);

Indian Health Services Facilities;

Inpatient Psychiatric Facilities;

Inpatient Rehabilitation Facilities;

Long Term Care Hospitals;

Multiple hospital components in a medical complex;

Organ Procurement Organizations;

Program for All-Inclusive Care for the Elderly (PACE) providers;

Religious Non-Medical Health Care Institutions (formerly Christian Science 

Sanatoriums);

Rural Health Clinics; and

Skilled Nursing Facilities (SNF).

Part B Providers and Suppliers

Medicare makes payment under Part B for certain services furnished by the following:

Ambulance service suppliers;

Ambulatory Surgical Centers (ASC);

Clinical psychologists;

Community Mental Health Centers;

Comprehensive Outpatient Rehabilitation Facilities;

Durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) 

suppliers (including pharmacies); 

End-Stage Renal Disease Facilities;

Home Health Agencies (outpatient Part B services);
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 19

Hospitals (outpatient services);

Independent diagnostic testing facilities; 

Mass immunization roster billers;

Nurse practitioners; 

Occupational therapists in private practice;

Other non-physician practitioners (NPP);

Outpatient physical therapists;

Outpatient speech-language pathology suppliers;

PACE providers;

Physical therapists in private practice; 

Physicians; and

SNFs (outpatient services).

Physicians

The Medicare Program defines physicians to include the following:

Chiropractors; 

Doctors of dental surgery or dental medicine; 

Doctors of medicine and doctors of osteopathy; 

Doctors of optometry; or

Doctors of podiatry or surgical chiropody.

In addition, the Medicare physician must be legally authorized to practice by a State in 

which he or she performs this function. The services performed by a physician within 

these definitions are subject to any limitations imposed by the State on the scope of 

practice. The issuance by a State for a license to practice medicine constitutes legal 

authorization. A temporary State license also constitutes legal authorization to practice 

medicine. If State law authorizes local political subdivisions to establish higher 

standards for medical practitioners than those set by the State licensing board, the local 

standards are used in determining whether the physician has legal authorization. If the 

State licensing law limits the scope of practice of a particular type of medical 

practitioner, only the services within these limitations are covered.

Interns and Residents

Interns and residents include individuals who:

Participate in approved Graduate Medical Education (GME) programs; or

Are not in approved GME programs, but are authorized to practice only in a 

hospital setting (e.g., have temporary or restricted licenses or are unlicensed 

graduates of foreign medical schools). Also included in this definition are interns, 

residents, and fellows in GME programs recognized as approved for purposes of 

direct GME and Indirect Medical Education payments made by Fiscal 

Intermediaries (FI) or A/B Medicare Administrative Contractors (MAC). Receiving 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 20

staff or faculty appointments, participating in fellowships, or whether a hospital 

includes physicians in its full-time equivalency count of residents does not by 

itself alter the status of "resident."

Teaching Physicians

Teaching physicians are physicians (other than interns or residents) who involve 

residents in the care of their patients. Generally, teaching physicians must be present 

during all critical or key portions of the procedure and immediately available to furnish 

services during the entire service in order for the service to be payable under the 

Medicare Physician Fee Schedule (MPFS).

Practitioners

The Medicare Program defines a practitioner as any of the following to the extent that 

an individual is legally authorized to practice by the State and otherwise meets 

Medicare requirements:

Anesthesiologist assistant (AA);

Certified nurse midwife (CNM);

Clinical nurse specialist (CNS);

Certified registered nurse anesthetist (CRNA);

Clinical psychologist (CP); 

Clinical social worker (CSW); 

Nurse practitioner (NP);

Physician assistant (PA); or

Registered dietician or nutrition professional.

ENROLLING IN THE MEDICARE PROGRAM

In order to enroll in and obtain reimbursement from Medicare, providers and suppliers 

must:

 1) Obtain a national Provider Identifier (NPI); and

 2) Complete the appropriate Medicare Enrollment Application.

National Provider Identifier 

The NPI is a unique identification number for health care providers that is a Health 

Insurance Portability and Accountability Act (HIPAA) Administrative Simplification 

Standard. Covered health care providers and all health plans and health care 

clearinghouses must use NPIs in the administrative and financial transactions adopted 

under HIPAA. Providers and suppliers can apply for a NPI using one of the following 

methods:

Visiting https://nppes.cms.hhs.gov/NPPES/Welcome.do and completing the webbased application; 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 21

Requesting the NPI Application/Update Form (CMS-10114) by calling 

(800) 465-3203, sending an e-mail to customerservice@npienumerator.com, or 

sending a letter to:

NPI Enumerator

P. O. Box 6059

 Fargo, ND 58108-6059; or

Requesting that an Electronic File Interchange Organization submit application 

data on your behalf.

Where to Find Additional Information About the National Provider Identifier

Additional information about the NPI can be found at 

http://www.cms.hhs.gov/NationalProvIdentStand on the Centers for Medicare & 

Medicaid Services (CMS) website. 

Medicare Enrollment Application

In the enrollment process, CMS collects information about the applying provider or 

supplier and secures documentation to ensure that the he or she is qualified and eligible 

to enroll in the Medicare Program. Depending upon provider or supplier type, one of the 

following forms is completed to enroll in the Medicare Program:

Form CMS-855A/Medicare Enrollment Application for Institutional Providers: 

Application: Application used by institutional providers to initiate the Medicare 

enrollment process or to change Medicare enrollment information;

Form CMS-855B/Medicare Enrollment Application for Clinics/Group Practices 

and Certain Other Suppliers: Application used by group practices or other 

organizational suppliers, except DMEPOS suppliers, to initiate the Medicare 

enrollment process or to change Medicare enrollment information;

Form CMS-855I/Medicare Enrollment Application for Physicians and NonPhysician Practitioners: Application used by individual physicians or NPPs to 

initiate the Medicare enrollment process or to change Medicare enrollment 

information;

Form CMS-855R/Medicare Enrollment Application for Reassignment of Medicare 

Benefits: Application used by individual physicians or NPPs to initiate 

reassignment of a right to bill the Medicare Program and receive Medicare 

payments or to terminate a reassignment of benefits; and

Form CMS-855S/Medicare Enrollment Application for Durable Medical 

Equipment, Prosthetics, Orthotics, and Supplies Suppliers: Application used by 

DMEPOS suppliers to initiate the Medicare enrollment process or to change 

Medicare enrollment information.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 22

The following forms are often required in addition to the Medicare Enrollment 

Application:

Form CMS-588/Electronic Funds Transfer (EFT) Authorization Agreement: 

Medicare authorization agreement for EFTs (for providers who choose to have 

payments sent directly to their financial institution); and

CMS Standard Electronic Data Interchange (EDI) Enrollment Form: Agreement 

executed by each provider of health care services, physician, or supplier that 

intends to submit electronic media claims (EMC) or other EDI transactions to 

Medicare. This form is available from Medicare Carriers, FIs, A/B MACs, and 

Durable Medical Equipment Medicare Administrative Contractors and must be 

completed prior to submitting EMC or other EDI transactions to Medicare.

The following optional form is submitted if the provider or supplier wishes to enroll as a 

Medicare participating provider or supplier:

Form CMS-460/Medicare Participating Physician or Supplier Agreement: 

Agreement to become a Part B participating provider or supplier who will accept 

assignment of Medicare benefits for all covered services for all Medicare 

beneficiaries. The Participating and Nonparticipating Providers and Suppliers 

Section of this chapter provides additional information about participating in the 

Medicare Program.

The above forms are available at 

http://www.cms.hhs.gov/CMSForms/CMSForms/list.asp on the CMS website. 

Additional forms, which may vary from state to state, may also be required in order to 

enroll in the Medicare Program. These forms include the following:

State medical license;

Occupational or business license; and

Certificate of Use.

Institutional providers and suppliers must simultaneously contact their local State 

Agency (SA), which determines Medicare participation requirements (certain provider 

types may elect voluntary accreditation by a CMS-recognized accrediting organization 

in lieu of a SA survey). 

State Agency Contact Information 

Contact information for SAs can be found at 

http://www.cms.hhs.gov/SurveyCertificationGenInfo/03_ContactInformation.asp on the 

CMS website.

By law, in most cases Medicare must pay the provider who furnishes the service. In 

limited situations, however, Medicare allows physicians and practitioners who furnish 

services and take assignment to reassign payment to another qualified individual or 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 23

entity. This individual or entity then bills Medicare on behalf of the physician or 

practitioner and receives payment for the services furnished. When a physician or 

practitioner authorizes someone else to bill and be paid by Medicare for services that he 

or she furnishes, both parties are jointly responsible for ensuring that claims filed are 

appropriate and reflect services actually furnished. Another exception is where a 

physician does not participate in Medicare and does not take assignment on the claim, 

in which case Medicare sends payment to the beneficiary and the physician collects the 

limiting charge from the beneficiary.

After all forms have been completed and signed, the enrollment packet is then mailed to 

the appropriate Medicare Contractor for processing. CMS requires its Contractors to 

process enrollment applications within certain timeframes. Information about where to 

send the enrollment packet can be found at 

http://www.cms.hhs.gov/MedicareProviderSupEnroll/downloads/contact_list.pdf on the 

CMS website. Alternatively, providers and suppliers may now enroll in Medicare via the 

Internet-based Provider Enrollment, Chain and Ownership System (PECOS). Providers 

and suppliers may also make changes to and track their Medicare enrollment 

information via PECOS. 

Providers must report changes in their enrollment information to the Medicare 

Contractor as soon as possible and no later than 90 days after the reportable event by 

submitting the information on the same application that is used to initiate the Medicare 

enrollment process, with the exception of the following:

Providers must report a change of ownership or managing interest control within 

30 days; and

DMEPOS suppliers must notify the National Supplier Clearinghouse of changes 

in their enrollment information within 30 days. 

Where to Find Additional Information about Medicare Provider and Supplier Enrollment

Additional information about Medicare provider and supplier enrollment can be found at 

http://www.cms.hhs.gov/MedicareProviderSupEnroll on the CMS website.

Participating and Nonparticipating Providers and Suppliers

There are two types of providers and suppliers in Part B of the Medicare Program: 

participating and nonparticipating.

 1) Participating providers and suppliers:

Accept assignment of Medicare benefits for all covered services for all 

Medicare beneficiaries;

Receive higher MPFS allowances than nonparticipating providers and 

suppliers;
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 24

Accept the Medicare allowed amount as payment in full (limiting charge 

provisions are not applicable); and

Are included in the Physician and Other Healthcare Professional Directory.

By completing and signing Form CMS-460, the Medicare Participating Physician or 

Supplier Agreement, the provider or supplier has formally notified CMS that he or she 

wishes to participate in the Medicare Program and will accept assignment of Medicare 

benefits for all covered services for all Medicare beneficiaries. Assignment means that 

the provider or supplier will be paid the Medicare allowed amount as payment in full for 

his or her services. The following services are always subject to assignment:

Clinical diagnostic laboratory services and physician laboratory services;

Physician services to individuals dually entitled to Medicare and Medicaid;

Services of AAs, CNMs, CNSs, CPs, CRNAs, CSWs, medical nutrition 

therapists, NPs, and PAs;

ASC services;

Services of mass immunization roster billers;

Home dialysis supplies and equipment paid under Method II;

Drugs; and

Ambulance services.

Participation is valid for a yearlong period from January 1 through December 31. Active 

participants receive a participation package during the Medicare Contractor Open 

Enrollment Period, which is usually in mid-November of each year. During this period, 

participation status can be changed for the following year. Providers and suppliers who 

wish to continue participating in the Medicare Program do not need to sign an 

agreement each year. The Medicare Participating Physician or Supplier Agreement will 

remain in effect through December 31 of the calendar year in which the Medicare 

Contractor is notified about a change in status. Once the Medicare Participating 

Physician or Supplier Agreement is signed, CMS rarely honors a provider or supplier’s 

decision to change participation status during the year. 

 2) Nonparticipating providers and suppliers:

May accept assignment of Medicare claims on a claim-by-claim basis;

Receive lower MPFS allowances than participating providers and suppliers 

for assigned or nonassigned claims;

May not submit charges for nonassigned claims that are in excess of the

limiting charge amount (with the exception of pharmaceuticals, equipment, 

and supplies) and may collect up to the limiting charge amount at the time 

services are furnished, which is the maximum that can be charged for the 

services furnished (unless prohibited by an applicable State law); and

Are not included in the Physician and Other Healthcare Professional 

Directory.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 25

Below is an example of a limiting charge.

MPFS Allowed Amount for 

Procedure “X”

$200.00

Nonparticipating Provider or 

Supplier Allowed Amount for 

Procedure “X”

$190.00 ($200.00 x .95 = 5 percent lower than 

MPFS allowed amount) 

Limiting Charge for Procedure 

“X”

$218.50 ($190.00 x 1.15 = 115 percent of MPFS 

allowed amount)

Beneficiary Coinsurance 

and Limiting Charge Portion 

Due to Provider or Supplier

$66.50 ($38.00 plus $28.50)

Coinsurance – 20 percent of MPFS allowed 

amount 

($190.00 x .20 = $38.00)

PLUS 

$218.50 – Limiting charge

- 190.00 – Nonparticipating provider/supplier 

allowed amount

$ 28.50 – Allowed amount

Limiting charges apply to the following regardless of who furnishes or bills for them:

Physicians’ services;

Services and supplies commonly furnished in physicians’ offices that are incident 

to physicians’ services;

Outpatient physical and occupational therapy services furnished by an 

independently practicing therapist;

Diagnostic tests; and

Radiation therapy services, including x-ray, radium, radioactive isotope therapy, 

materials, and technician services.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 26

Below is an illustration of the payment amounts that participating and nonparticipating 

providers and suppliers receive.

Participating 

Provider/

Supplier 

Nonparticipating 

Provider/Supplier 

Who Accepts 

Assignment

Nonparticipating 

Provider/Supplier 

Who Does Not 

Accept Assignment

Submitted Amount $125.00 $125.00 $109.25

MPFS Allowed 

Amount

$100.00 $ 95.00 $ 95.00

80 Percent of 

MPFS Allowed 

Amount

$ 80.00 $ 76.00 $ 76.00

Beneficiary 

Coinsurance Due to 

Provider/Supplier 

(after deductible 

has been met)

$ 20.00 $ 19.00 $ 33.25

Total Payment to 

Provider/Supplier 

(payment for 

nonassigned claims 

goes to the 

beneficiary, who is 

responsible for 

paying provider/

supplier)

$100.00 $ 95.00 $109.25

($95.00 x 1.15 

limiting charge)

PRIVATE CONTRACTS WITH MEDICARE BENEFICIARIES

The following physicians who are legally authorized to practice medicine, surgery, 

dentistry, podiatry, or optometry by the state in which such function or action is 

performed may opt-out of Medicare and privately contract with beneficiaries for the 

purpose of furnishing items or services that would otherwise be covered:

Doctors of medicine;

Doctors of osteopathy;

Doctors of dental surgery or dental medicine;

Doctors of podiatric medicine; and

Doctors of optometry.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 27

AAs, CNMs, CNSs, CPs, CRNAs, CSWs, and PAs who are legally authorized to 

practice by the State and otherwise meet Medicare requirements may also opt-out of 

Medicare and privately contract with beneficiaries for the purpose of furnishing items or 

services that would otherwise be covered.

The opt-out period is for two years unless it is terminated early or the physician or 

practitioner fails to maintain opt-out. Opt-outs may be renewed for subsequent two-year 

periods. The physician or practitioner must opt-out of Medicare for all beneficiaries and 

all items or services, with the exception of emergency or urgent care situations, in which 

case the physician or practitioner may treat a beneficiary with whom he or she does not 

have a private contract and bill Medicare for the treatment. Claims for emergency or 

urgent care require modifier GJ, "OPT-OUT physician or practitioner emergency or 

urgent service.”

Medicare will make payment for covered medically necessary items or services that are 

ordered by a physician or practitioner who has opted-out of Medicare if:

He or she has acquired a provider identifier; and 

The items or services are not furnished by a physician or practitioner who has 

also opted-out of Medicare. 

Where to Find Additional Information About Becoming a Medicare Provider or Supplier

Additional information about how to become a Medicare provider or supplier is available 

as follows:

At http://www.cms.hhs.gov/medicareprovidersupenroll on the CMS website; and 

In the Medicare General Information, Eligibility, and Entitlement Manual 

(Pub. 100-1) located at http://www.cms.hhs.gov/Manuals on the CMS website. 

PROMOTING CULTURAL COMPETENCY IN YOUR PRACTICE

Racial and ethnic minorities are expected to make up approximately 40 percent of the 

population by 2030. With the increasing diversity of the U.S. population, providers and 

suppliers are more and more likely to encounter situations that require the delivery of 

culturally competent care, access to a vast array of language services, and supportive 

health care organizations. Addressing a patient’s social and cultural background will 

assist providers in delivering high quality, effective health care and increase patient 

satisfaction, improve patient compliance, and reduce racial and ethnic health disparities.

The U.S. Department of Health and Human Services Office of Minority Health and 

Science Applications International Corporation have developed a free interactive webbased training cultural competency course titled A Physician’s Practical Guide to 

Culturally Competent Care. The course assists physicians, PAs, NPs, and other health 

care professionals in preparing for the increasingly diverse patient population and 

furnishing the highest quality of care to every patient regardless of race, ethnicity, 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 28

cultural background, or ability to speak English as their primary language. The course 

offers a variety of continuing education credit types. The course and information about 

cultural competency are available at http://thinkculturalhealth.org on the Web. 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 29

CHAPTER THREE

MEDICARE REIMBURSEMENT
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 30

This chapter provides information about Medicare claims; deductibles, coinsurance, and 

copayments; coordination of benefits; incentive payments; the Medicare Physician Fee 

Schedule (MPFS); Medicare notices; and other health insurance plans.

MEDICARE CLAIMS

A claim is defined as a request for payment for benefits or services received by a 

beneficiary. Providers and suppliers who furnish covered services to Medicare 

beneficiaries are required to submit claims for their services and cannot charge 

beneficiaries for completing or filing a Medicare claim. Medicare Contactors monitor 

compliance with these requirements. Offenders may be subject to a Civil Monetary 

Penalty of up to $10,000 for each violation.

Medicare fee-for-service claims must be filed timely, which means that they must be 

filed on or before December 31 of the calendar year following the year in which the 

services were furnished. Services furnished in the last quarter of the year (October 

through December) are considered furnished in the following year. 

 

Exceptions to Mandatory Filing

Providers and suppliers are not required to file claims on behalf of Medicare 

beneficiaries when:

The claim is for services for which Medicare is the secondary payer, the primary 

insurer’s payment is made directly to the beneficiary, and the beneficiary has not 

furnished the primary payment information needed to submit the Medicare 

secondary claim;

The claim is for services furnished outside the U.S.;

The claim is for services initially paid by third-party insurers who then file 

Medicare claims to recoup what Medicare pays as the primary insurer (e.g., 

indirect payment provisions); 

The claim is for other unusual services, which are evaluated by Medicare 

Contractors on a case-by-case basis;

The claim is for excluded services (some supplemental insurers who pay for 

these services may require a Medicare claim denial notice prior to making 

payment); 

He or she has opted-out of the Medicare Program by signing a private contract 

with the beneficiary; or

He or she has been excluded or debarred from the Medicare Program.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 31

Electronic Claims

As of October 16, 2003, all providers and suppliers must submit claims electronically via 

Electronic Data Interchange (EDI) in the Health Insurance Portability and Accountability 

Act format, except in limited situations. 

Electronic versions of Centers for Medicare & Medicaid Services (CMS) claim forms can 

be found at http://www.cms.hhs.gov/CMSForms/CMSForms/list.asp on the CMS 

website. Each provider or supplier must complete a CMS Standard EDI Enrollment 

Form and send it to the Medicare Contractor prior to submitting electronic media claims 

(EMC). A sender number, which is required in order to submit electronic claims, will 

then be issued. An organization that is comprised of multiple components that have 

been assigned Medicare provider identifiers may elect to execute a single EDI 

Enrollment Form on behalf of the organizational components to which these identifiers 

have been assigned.

Where to Find Additional Information About Electronic Billing and Electronic Data Interchange 

Transactions

Additional information about electronic billing and EDI transactions is available at 

http://www.cms.hhs.gov/ElectronicBillingEDITrans on the CMS website. The EDI 

Enrollment Form is available from Medicare Contractors.

Electronic Media Claims Submissions

Claims are electronically transmitted to the Medicare Contractor’s system, which verifies 

claim data. This information is then electronically checked or edited for required 

information. Claims that pass these initial edits, also called front-end or pre-edits, are 

processed in the claims processing system according to Medicare policies and 

guidelines. Claims with inadequate or incorrect information may:

Be returned to the provider or supplier for correction; 

Be suspended in the Contractor’s system for correction; or

Have information corrected by the system (in some cases). 

A confirmation or acknowledgment report, which indicates the number of claims 

accepted and the total dollar amount transmitted, is generated to the provider or 

supplier. This report also indicates the claims that have been rejected and reason(s) for 

the rejection. 

Electronic Media Claims Submission Alternatives

Providers and suppliers who do not submit electronic claims using EMC may choose to 

alternatively submit claims through an electronic billing software vendor or 

clearinghouse, billing agent, or by using Medicare’s free billing software. Providers and 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 32

suppliers can obtain a list of electronic billing software vendors and clearinghouses as 

well as billing software from Medicare Contractors. 

Medicare Contractor Contact Information

The Provider Call Center Toll-Free Numbers Directory, which contains Medicare 

Contractor contact information, can be accessed in the Downloads Section at 

http://www.cms.hhs.gov/MLNGenInfo/30_contactus.asp on the CMS website. 

Paper Claims

To find information about the limited situations in which paper claims can be submitted, 

visit http://www.cms.hhs.gov/ElectronicBillingEDITrans/05_ASCASelfAssessment.asp

on the CMS website 

Non-institutional providers and suppliers use the CMS-1500 claim form to bill Medicare 

Contractors and Durable Medical Equipment Medicare Administrative Contractors 

(DME MAC). CMS-1500 claim forms can be ordered from printing companies, office 

supply stores and the U.S. Government Printing Office, U.S. Government Bookstore:

At http://bookstore.gpo.gov on the Web; and

Telephone: (866) 512-1800.

Institutional providers and suppliers use the CMS-1450, also known as UB-04, to bill 

Medicare Contractors. UB-04 claim forms can be ordered from the National Uniform 

Billing Committee at http://www.nubc.org/guide.html on the Web.

Durable Medical Equipment, Prosthetics and Orthotics, and Parenteral and 

Enteral Nutrition Claims

DME MACs have jurisdiction for the following claims:

Nonimplantable durable medical equipment, prosthetics, orthotics, and supplies 

(including items for home use);

Parenteral and enteral nutrition (PEN) products (other than items furnished to 

inpatients covered under Part A);

Certain oral drugs billed by pharmacies; and

Method II home dialysis.

Where to Find Additional Information About Durable Medical Equipment, Prosthetics and Orthotics, 

and Parenteral and Enteral Nutrition Claims

Additional information about DMEPOS and PEN claims can be found at 

http://www.cms.hhs.gov/center/dme.asp on the CMS website.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 33

DEDUCTIBLES, COINSURANCE, AND COPAYMENTS

Providers and suppliers must collect unmet deductibles, coinsurance, and copayments 

from the beneficiary. The deductible is the amount a beneficiary must pay before 

Medicare begins to pay for covered services and supplies. These amounts can change 

every year. Under the Original Medicare Plan or a Private Fee-for-Service Plan, 

coinsurance is a percentage of covered charges that the Medicare beneficiary may pay 

after he or she has met the applicable deductible. Providers and suppliers should 

determine whether the beneficiary has supplemental insurance that will pay for 

deductibles and coinsurance before billing the beneficiary for them. In some Medicare 

health plans, a copayment is the amount that is paid by the beneficiary for each medical 

service. If a beneficiary is unable to pay these charges, he or she should sign a waiver 

that explains the financial hardship. If a waiver is not assigned, the beneficiary’s medical 

record should reflect normal and reasonable attempts to collect the charges before they 

are written off. The same attempts to collect charges must be applied to both Medicare 

beneficiaries and non-Medicare beneficiaries. Consistently waiving deductibles, 

coinsurance, and copayments may be interpreted as program abuse.

On assigned claims, the beneficiary is responsible for:

Unmet deductibles;

Applicable coinsurance and copayments; and

Charges for services and supplies that are not covered by Medicare.

COORDINATION OF BENEFITS 

Coordination of Benefits (COB) is the process that determines the respective 

responsibilities of two or more payers that have some financial responsibility for a 

medical claim.

Medicare Secondary Payer Program

Medicare law requires that providers and suppliers determine whether Medicare is the 

primary or secondary payer prior to submitting a claim by asking beneficiaries or their 

representatives about other health insurance or coverage. In addition, primary payers 

must be identified on claims submitted to Medicare. Providers and suppliers should not 

rely on Common Working File (CWF) information alone since Medicare Secondary 

Payer (MSP) circumstances can change quickly. The following secondary payer 

information can be found via the MSP Auxiliary File in the CWF:

MSP effective date;

MSP termination date;

Patient relationship;

Subscriber name;

Subscriber policy number;

Insurer type;
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 34

Insurer information (name, group number, address, city, state, and ZIP code);

MSP type;

Remarks code;

Employer information (name, address, city, state, and ZIP code); and

Employee information (identification number).

Medicare may make payment if the primary payer denies the claim and the provider or 

supplier includes documentation that the claim has been denied in the following 

situations:

The Group Health Plan (GHP) denies payment for services because the 

beneficiary is not covered by the health plan, benefits under the plan are 

exhausted for particular services, the services are not covered under the plan, a 

deductible applies, or the beneficiary is not entitled to benefits;

The no-fault or liability insurer denies payment or does not pay the bill because 

benefits have been exhausted;

The Workers’ Compensation (WC) Plan denies payment (e.g., when it is not 

required to pay for certain medical conditions); or

The Federal Black Lung Program does not pay the bill.

In liability, no-fault, or WC situations, Medicare may make a conditional payment for 

covered Medicare services in order to prevent beneficiary financial hardship when: 

The claim is not expected to be paid promptly;

The properly submitted claim was denied in whole or in part; or

Due to the physical or mental incapacity of the beneficiary, a proper claim was 

not filed with the primary insurer.

When payments are made under these situations, they are made on the condition that 

the insurer and/or the beneficiary will reimburse Medicare to the extent that payment is 

subsequently made by the insurer.

Where to Find Additional Information About the Medicare Secondary Payer Program

Additional information about the MSP Program is available as follows:

In the Medicare General Information, Eligibility, and Entitlement Manual 

(Pub. 100-1) and Medicare Secondary Payer Manual (Pub. 100-5) located at

http://www.cms.hhs.gov/Manuals on the CMS website; and

At http://www.cms.hhs.gov/COBGeneralInformation on the CMS website. 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 35

Coordination of Benefits Contractor

The Coordination of Benefits Contractor (COBC) performs activities that support the 

collection, management, and reporting of other health insurance or coverage for 

Medicare beneficiaries. The COBC also has responsibility for consolidation of the claims 

crossover process, which ensures that payers, including State Medicaid Agencies, have 

the opportunity to receive Medicare processed claims from one source for their use in 

calculating their supplemental payment. The COBC assists providers and suppliers with 

the following: 

Answering general questions regarding MSP;

Verifying Medicare’s primary/secondary status (note that insurer-specific 

information will not be released; information on payers primary to Medicare must 

be requested from the beneficiary prior to billing); 

Reporting changes to a beneficiary’s health insurance or coverage; and

Reporting a beneficiary’s accident/injury. 

If a provider or supplier submits a claim for primary payment on behalf of a beneficiary 

and there is information either on the claim form or in Medicare’s system of records 

indicating that Medicare is properly the secondary payer, the claim will be denied unless 

the provider or supplier has submitted sufficient evidence to demonstrate that Medicare

is properly the primary payer for the services provided. The beneficiary cannot be billed 

when a claim is denied because a primary payer to Medicare exists. If a provider or 

supplier submits a claim for secondary payment on behalf of a beneficiary but there is 

no information in Medicare’s system of records to identify the MSP situation and the 

claim form does not contain sufficient information to update Medicare’s system of 

records, the COBC will investigate in an effort to obtain the required information.

The COBC determines whether beneficiaries have health insurance that is primary to 

Medicare through the following mechanisms:

Initial enrollment questionnaire, which is sent to Medicare beneficiaries 

approximately three months before Medicare coverage begins regarding their 

other health insurance or coverage;

Internal Revenue Service, Social Security Administration, and CMS data match, 

which are completed by employers regarding GHP coverage for identified 

workers who are either entitled to Medicare or are married to a Medicare 

beneficiary;

MSP claims investigation, which is a collection of data regarding health insurance 

or coverage that may be primary to Medicare based on information submitted on 

a medical claim or from other sources; and 

Voluntary MSP data match agreements that allow for electronic data exchange of 

GHP eligibility and Medicare information between CMS and employers or 

insurers.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 36

Coordination of Benefits Contractor Contact Information

Toll-free line: (800) 999-1118 

General written inquiries:

MEDICARE - COB 

P.O. Box 5041

New York, NY 10274-5041

 

Questionnaires and correspondence: 

MEDICARE - COB

Data Match Project

P.O. Box 33848

Detroit, MI 48232 

 

Initial Enrollment Questionnaire Project:

P.O. Box 17521

Baltimore, MD 21203-7521

MSP Claims Investigation 

Project:P.O. Box 33847

Detroit, MI 48232 

 

Voluntary Agreement Project:

P.O. Box 660

New York, NY 10274-0660

Employer/Insurer Outreach:

P.O. Box 660

New York, NY 10274

 

Small Employer Exemptions:

P.O. Box 660

New York, NY 10274

Workers’ Compensation Medicare Set-Aside Arrangements Proposal/Final Settlement:

P.O. Box 33849

Detroit, MI 48232

The COBC does not process claims nor does it handle any mistaken primary recoveries 

or claims-specific inquiries. Medicare Contractors are responsible for processing claims 

submitted for primary or secondary payment and provider/supplier-related recovery. 

Questions concerning Medicare claim or service denials, adjustments, and billing (e.g., 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 37

value and occurrence codes) should be directed to the Medicare Contractor. 

Inappropriate Medicare payments should be returned to the Medicare Contractor. 

Medicare Contractor Contact Information

The Provider Call Center Toll-Free Numbers Directory, which contains Medicare 

Contractor contact information, can be accessed in the Downloads Section at 

http://www.cms.hhs.gov/MLNGenInfo/30_contactus.asp on the CMS website.

INCENTIVE PAYMENTS

Health Professional Shortage Area Incentive Payment

The Omnibus Budget Reconciliation Act of 1987 established Medicare’s Incentive 

Payment Program, which encouraged primary care physicians to work in underserved 

rural areas and to improve access to care for Medicare beneficiaries. It paid primary 

care physicians an incentive payment of five percent for services furnished to Medicare 

beneficiaries in Federally-designated Health Professional Shortage Areas (HPSA). 

Effective January 1, 1991, Congress increased the incentive payment to 10 percent and 

expanded eligibility to include physicians’ services in both rural and urban HPSAs. 

Under Section 1833(m) of the Social Security Act, physicians (including psychiatrists) 

who furnish care in an area that is designated as a geographic-based, primary medical 

care HPSA and psychiatrists who furnish care in an area that is designated as a 

geographic-based mental health HPSA are eligible for a 10 percent HPSA incentive 

payment for outpatient professional services furnished to a Medicare beneficiary. The 

HPSA incentive payment is available only for the physician’s professional services. If a 

service is billed with both a professional and a technical component, only the 

professional component will receive the incentive payment. The incentive payment is 

based on the paid amount of the claim. 

If the service is furnished in an area that is on the CMS list of ZIP codes that are eligible 

for the HPSA incentive payment, payments are automatically paid on a quarterly basis. 

The list of eligible ZIP codes is updated annually and is effective for services on or after 

January 1 of each calendar year. An area may be eligible for the HPSA incentive 

payment but the ZIP code may not be on the list because:

 1) It does not fall within a designated full county HPSA; 

 2) It is not considered to fall within the county based on a determination of dominance 

 made by the U.S. Postal Service; 

 3) It is partially in a sub-county HPSA; or

 4) Services with dates of service on or after January 1, 2009 are provided in a Zip 

 code area that was designated as of December 31 of the prior year but are not on 

 the Zip code file. 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 38

In these situations, the physician must utilize an AQ modifier to receive payment for 

claims with dates of service on or after January 1, 2006. If the ZIP code of the place of 

service is not on the HPSA list for automated payment, eligibility must be verified with 

the Fiscal Intermediary or A/B Medicare Administrative Contractor before submitting a 

claim with the AQ modifier. 

Where to Find Additional Information About Health Professional Shortage Area Incentive Payments

Additional information about HPSA incentive payments is available as follows:

In Chapter 12 of the Medicare Claims Processing Manual (Pub. 100-4):

http://www.cms.hhs.gov/Manuals on the CMS website;

Eligible ZIP codes:

http://www.cms.hhs.gov/HPSAPSAPhysicianBonuses on the CMS website;

Qualified HPSAs:

 http://www.hpsafind.hrsa.gov on the Web; and

Census tract of place of service: 

http://www.ffiec.gov/Geocode/default.aspx on the Web.

Physician Quality Reporting Initiative Incentive Payment

Identified eligible professionals who satisfactorily report data on quality measures for 

covered MPFS services furnished to Part B beneficiaries may be eligible for an 

incentive payment under the Physician Quality Reporting Initiative (PQRI).

Where to Find Additional Information About Physician Quality Reporting Initiative Incentive 

Payments

Additional information about PQRI incentive payments can be found at

http://www.cms.hhs.gov/PQRI on the CMS website.

MEDICARE PHYSICIAN FEE SCHEDULE

Medicare Part B pays for physician services based on the MPFS, which lists the more 

than 7,000 covered services and their payment rates. Physician services include the 

following:

Office visits;

Surgical procedures; and

A range of other diagnostic and therapeutic services.

Physician services are furnished in all settings including:

Physicians’ offices;

Hospitals;

Ambulatory Surgical Centers;
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 39

Skilled Nursing Facilities and other post-acute care settings;

Hospices;

Outpatient dialysis facilities;

Clinical laboratories; and

Beneficiaries’ homes.

Payment rates for an individual service are based on three components: 

1) Relative Value Units (RVU)

The three separate RVUs that are associated with the calculation of a payment under 

the MPFS are:

Work RVUs reflect the relative levels of time and intensity associated with 

furnishing a physician fee schedule service and account for more than 50 percent 

of the total payment associated with a service. By statute, all work RVUs must be 

examined no less often than every five years. 

Practice expense (PE) RVUs reflect the costs of maintaining a practice such as 

renting office space, buying supplies and equipment, and staff costs. PE RVUs 

account for approximately 45 percent of the total payment associated with a 

given service. 

Malpractice RVUs represent the remaining portion of the total payment 

associated with a service. 

2) Conversion Factor (CF)

To determine the payment rate for a particular service, each of the three separate RVUs 

is adjusted by the corresponding geographic cost index. The sum of the geographically 

adjusted RVUs is multiplied by a dollar CF. The CF is updated on an annual basis 

according to a formula specified by statute. The formula specifies that the update for a 

year is equal to the Medicare Economic Index (MEI) adjusted up or down depending on 

how actual expenditures compare to a target rate called the Sustainable Growth Rate 

(SGR). The MEI is a measure of inflation faced by physicians with respect to their 

practice costs and general wage levels. The SGR is calculated based on medical 

inflation, the projected growth in the domestic economy, projected growth in the number 

of beneficiaries in fee-for-service Medicare, and changes in law or regulation. 

3) Geographic Practice Cost Indices (GPCI)

GPCIs are adjustments that are applied to each of the three relative values used in 

calculating a physician payment. The purpose of these adjustments is to account for 

geographic variations in the costs of practicing medicine in different areas within the 

country. We are required to review and, if necessary, adjust GPCIs at least every three 

years. 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 40

Where to Find Additional Information About the Medicare Physician Fee Schedule

Additional information about the MPFS is available at 

http://www.cms.hhs.gov/PhysicianFeeSched/01_overview.asp on the CMS website.

Where to Find Additional Information About Medicare Reimbursement

Additional information about Medicare reimbursement can be found in the Medicare 

Claims Processing Manual (Pub. 100-4) located at http://www.cms.hhs.gov/Manuals on 

the CMS website. 

MEDICARE NOTICES

Advance Beneficiary Notice

An Advance Beneficiary Notice (ABN) is a written notice that a provider or supplier gives 

to a beneficiary under certain circumstances (e.g., lack of medical necessity) before 

items or services are furnished to advise him or her that specified items or services may 

not be covered by Medicare. Providing an ABN allows the beneficiary to make an 

informed decision about whether to receive the item or service in question. In general, if 

a provider or supplier does not provide the beneficiary with an ABN when required, the 

beneficiary cannot be held financially liable for the items or services if Medicare 

payment is denied or reduced. If the provider or supplier properly notifies the beneficiary 

that the items or services may not be covered, he or she may seek payment from the 

beneficiary. Providers and suppliers who furnish items or services to the beneficiary 

based on the referral or order of another provider or supplier are responsible for 

notifying the beneficiary that the services may not be covered by Medicare and that they 

can be held financially liable for the items or services if payment is denied or reduced. A 

copy of the ABN should be kept in the beneficiary’s medical record. 

Where to Find Additional Information About the Advance Beneficiary Notice

To find additional information about the ABN and ABN forms, visit 

http://www.cms.hhs.gov/BNI/01_overview.asp on the CMS website. 

Certificate of Medical Necessity and Durable Medical Equipment Medicare 

Administrative Contractor Information Forms

Certificate of Medical Necessity (CMN) and DME MAC Information Forms (DIF), which 

can be found at http://www.cms.hhs.gov/CMSForms/CMSForms/list.asp, are included 

with claims for certain items that require additional information (e.g., DME and PEN). 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 41

Remittance Advice

A Remittance Advice (RA) is a notice of payments and adjustments that is sent to the 

provider, supplier, or biller. After a claim has been received and processed, the 

Medicare Contractor produces a RA which may serve as a companion to claim 

payments or as an explanation when there is no payment. The RA explains 

reimbursement decisions, including the reasons for payments and adjustments of 

processed claims. The RA features valid codes and specific values that make up the 

claim payment. Some of these codes may identify adjustments, which refer to any 

changes that relate to how a claim is paid differently from the original billing. There are 

seven general types of adjustments:

Denied claim;

Zero payment;

Partial payment;

Reduced payment;

Penalty applied;

Additional payment; and

Supplemental payment.

Where to Find Additional Information About the Remittance Advice

Additional information about the RA is available at 

http://www.cms.hhs.gov/ElectronicBillingEDITrans/11_Remittance.asp on the CMS 

website.

Medicare Summary Notice

Beneficiaries receive the Medicare Summary Notice (MSN), which lists all services or 

supplies that were billed to Medicare, on a monthly basis. If a beneficiary disagrees with 

a claims decision, he or she has the right to file an appeal. Chapter 7 of this guide 

provides additional information about fee-for-service appeals. 

Where to Find Additional Information About the Medicare Summary Notice

Additional information about MSNs can be found at 

http://www.cms.hhs.gov/MSN/01_overview.asp on the CMS website.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 42

OTHER HEALTH INSURANCE PLANS

Medicare Advantage

Medicare Advantage (MA) is a program through which organizations that contract with 

CMS furnish or arrange for the provision of health care services to Medicare 

beneficiaries who:

Are entitled to Medicare Part A and enrolled in Part B;

Permanently reside in the service area of the MA Plan; and 

Elect to enroll in a MA Plan.

Providers and suppliers who furnish services to a Medicare beneficiary who is enrolled 

in a MA Plan and do not have a contract with the MA Plan to furnish the services should 

bill the MA Plan. Prior to furnishing services to a MA Plan enrollee under these 

circumstances, providers and suppliers should notify the individual that he or she may 

be responsible for all charges for the health care services furnished.

Where to Find Additional Information About Medicare Advantage

Additional information about MA can be found at 

http://www.cms.hhs.gov/HealthPlansGenInfo on the CMS website.

Medicaid 

Medicaid is a cooperative venture funded by Federal and State governments that pays 

for medical assistance for certain individuals and families with low incomes and limited 

resources. Within broad national guidelines established by Federal statutes, regulations, 

and policies, each state:

Establishes its own eligibility standards;

Determines the type, amount, duration, and scope of services;

Sets the rate of payment for services; and

Administers its own program.

The following Medicare premium and cost-sharing payment assistance may be 

available through the State Medicaid Program:

Payment of Medicare Part A and Part B premiums, deductibles, coinsurance, and 

copayments for Qualified Medicare Beneficiaries (QMB) who:

o Have resources that are at or below twice the standard allowed under the 

Social Security Income Program; and

o Have incomes that are at or below 100 percent of the Federal poverty 

level (FPL) (subject to limits that states may impose on payment rates);
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 43

Payment of Part B premiums for Specified Low-Income Medicare Beneficiaries 

who:

o Have resources similar to QMBs; and

o Have incomes that are below 120 percent of the FPL; and

Payment of Part A premiums for Qualified Disabled and Working Individuals 

(QDWI) who:

o Previously qualified for Medicare due to disability but lost entitlement 

because of their return to work (despite the disability);

o Have incomes that are below 200 percent of the FPL; and

o Do not meet any other Medicaid assistance category.

QDWIs who do not meet these income guidelines may purchase Medicare Part A and 

Part B coverage. 

Medicare covered services are paid first by the Medicare Program since Medicaid is 

always the payer of last resort.

Where to Find Additional Information About Medicaid

Additional information about Medicaid can be found at 

http://www.cms.hhs.gov/MedicaidGenInfo on the CMS website.

Medigap

Medigap is a health insurance policy sold by private insurance companies to fill gaps in 

Original Medicare Plan coverage. A Medigap policy is not associated with a labor or 

union organization. Beneficiaries must be enrolled in Medicare Part A and Part B in 

order to purchase a Medigap policy and, under certain circumstances, are guaranteed 

the right to buy a policy. Beneficiaries may authorize a reassignment of benefits on a 

claim-by-claim basis for participating providers and suppliers to file a claim for 

reimbursement of Medicare services and coinsurance amounts. 

Where to Find Additional Information About Medigap

Additional information about Medigap can be found at http://www.cms.hhs.gov/Medigap

on the CMS website.

Railroad Retirement 

Some Medicare beneficiaries who are retired railroad workers have supplementary 

medical insurance benefits from the Railroad Retirement Board. 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 44

Part B Railroad Retirement Benefits Contact Information

Part B Railroad Retirement Benefits contact information is as follows:

Palmetto GBA

Railroad Medicare Part B Office

P. O. Box 10066

Augusta, GA 30999

 

 Telephone: (800) 833-4455

United Mine Workers of America

Some Medicare beneficiaries are members of the United Mine Workers of America 

(UMWA), which provides a health insurance plan for retired coal miners, spouses, and 

dependents. Paper UMWA claims should be sent to:

 UMWA Health and Retirement Funds

P. O. Box 619099

Dallas, TX 75261-9741

Contact Information for United Mine Workers of America 

Providers may call (888) 865-5290 to obtain information about medical claims status, 

eligibility, medical benefits, coverage, RA, and electronic claims submissions.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 45

CHAPTER FOUR

MEDICARE PAYMENT POLICIES
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 46

This chapter discusses Medicare covered services, the incident to provision, and the 

services that are not covered by Medicare.

MEDICARE COVERED SERVICES

In general, Medicare covered services are considered medically reasonable and 

necessary to the overall diagnosis and treatment of the beneficiary’s condition. Services 

or supplies are considered medically necessary if they:

Are proper and needed for the diagnosis or treatment of the beneficiary’s medical 

condition;

Are furnished for the diagnosis, direct care, and treatment of the beneficiary’s 

medical condition;

Meet the standards of good medical practice; and

Are not mainly for the convenience of the beneficiary, provider, or supplier.

For every service billed, the provider or supplier must indicate the specific sign, 

symptom, or beneficiary complaint necessitating the service. Although furnishing a 

service or test may be considered good medical practice, Medicare generally prohibits 

payment for services without beneficiary symptoms or complaints. 

Medicare pays for provider professional services that are furnished in:

The U.S. (the Centers for Medicare & Medicaid Services [CMS] recognizes the 

50 states, the District of Columbia, Commonwealth of Puerto Rico, Virgin Islands, 

Guam, Northern Mariana Islands, American Samoa, and territorial waters 

adjoining the land areas of the U.S. as being within the U.S.); and

The home, office, institution, or at the scene of an accident. 

Part A Inpatient Hospital Services

Subject to certain conditions, limitations, and exceptions the following inpatient hospital 

or inpatient Critical Access Hospital (CAH) services are furnished to an inpatient of a 

participating hospital or participating CAH or, in the case of emergency services or 

services in foreign hospitals, to an inpatient of a qualified hospital:

Bed and board;

Nursing and other related services;

Use of hospital or CAH facilities;

Medical social services;

Drugs, biologicals, supplies, appliances, and equipment;

Certain other diagnostic or therapeutic services;

Medical or surgical services furnished by certain interns or residents in training; 

and

Transportation services, including transport by ambulance.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 47

An inpatient is an individual who has been admitted to a hospital for the purpose of 

receiving inpatient hospital services. Generally, an individual is considered an inpatient 

if he or she is formally admitted as inpatient with the expectation of remaining at least 

overnight and occupying a bed. The individual is considered an inpatient even if he or 

she can later be discharged or transferred to another hospital and does not actually use 

a hospital bed overnight. 

The physician or other practitioner responsible for an individual's care at the hospital is 

responsible for deciding whether he or she should be admitted as an inpatient. The 

physician or other practitioner should work closely with hospital staff to ensure a proper 

admission as an inpatient following hospital admission protocols. The physician or 

practitioner should also use a 24-hour period as a benchmark by ordering admission for 

individuals who are expected to need hospital care for 24 hours or more and treating 

other individuals on an outpatient basis. The decision to admit an individual is a 

complex medical judgment that requires the consideration of:

The individual's medical history and current medical needs, including the severity 

of the signs and symptoms exhibited; 

The medical predictability of something adverse happening to the individual; 

The need for diagnostic studies that will assist in assessing whether the 

individual should be admitted and that do not ordinarily require him or her to 

remain at the hospital for 24 hours or more; 

The availability of diagnostic procedures at the time when and where the 

individual presents; 

The types of facilities available to inpatients and outpatients;

The hospital's by-laws and admissions policies; and 

The relative appropriateness of treatment in each setting.

In the following situations, coverage of services on an inpatient or outpatient basis is not 

determined solely on the basis of length of time the individual actually spends in the 

hospital:

1) Minor surgery or other treatment 

When an individual with a known diagnosis enters a hospital for a specific minor 

surgical procedure or other treatment that is expected to keep him or her in the hospital 

for only a limited period of time, the individual is considered an inpatient only if the 

physician orders an inpatient admission regardless of his or her arrival hour at the 

hospital, or use of a bed, or if he or she remains in the hospital past midnight. 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 48

2) Renal dialysis treatments 

Renal dialysis treatments are usually covered only as outpatient services for the 

individual who:

Resides at home;

Is ambulatory;

Has stable conditions; and

Comes to the hospital for routine chronic dialysis treatments (not for a diagnostic 

workup or a change in therapy).

The following individuals who receive renal dialysis are usually inpatients:

Those undergoing short-term dialysis until the kidneys recover from an acute 

illness (acute dialysis); and

Those who have borderline renal failure and develop acute renal failure every 

time they have an illness and require dialysis (episodic dialysis).

An individual may begin dialysis as an inpatient and then progress to outpatient status. 

If noncovered services that are generally excluded from Medicare coverage are 

furnished in Non-Prospective Payment System hospitals, part of the billed charges or 

the entire admission may be denied. Appropriately admitted cases in Prospective 

Payment System (PPS) hospitals include the following:

If care is noncovered because an individual does not need to be hospitalized, the 

admission will be denied and the Part A PPS payment will be made only under 

limitation on liability. Under limitation on liability, Medicare payment may be made 

when the provider and the beneficiary were unaware that the services were not 

necessary and could not reasonably be expected to know that they were not 

necessary. If an individual is appropriately hospitalized but receives only 

noncovered care (beyond routine services), the admission is denied. An 

admission that includes covered care, even if noncovered care was also 

furnished, will not be denied. Under PPS, Medicare assumes that it is paying for 

only the covered care furnished when covered services needed to treat and/or 

diagnose the illness are furnished. 

If a noncovered procedure is furnished along with covered nonroutine care, a 

Diagnosis Related Group change rather than an admission denial might occur. If 

noncovered procedures elevate costs into the cost outlier category, outlier 

payment will be denied in whole or in part.

If an individual receives items or services in excess of, or more expensive than, 

those for which payment can be made, payment is made only for the covered 

items or services or the appropriate PPS amount. This provision applies to 

inpatient services as well as all hospital services under Medicare Part A and

Part B. If items or services are requested by the beneficiary, the hospital may 

charge him or her the difference between the amount customarily charged for the 

services requested and the amount customarily charged for covered services.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 49

If an individual requires extended care services and is admitted to a bed in a hospital, 

he or she is considered an inpatient of the hospital. The services furnished in the 

hospital will not be considered extended care services and payment may not be made 

unless the services are extended care services furnished pursuant to a swing bed 

agreement granted to the hospital by the Secretary of the Department of Health and 

Human Services. 

Part B Services

Covered Part B services include, but are not limited to, the following:

Physician services such as surgery, consultations, office visits, institutional calls;

Services and supplies furnished incident to physician professional services;

Outpatient hospital services furnished incident to physician services;

Outpatient diagnostic services furnished by a hospital;

Outpatient physical therapy (PT) services;

Outpatient occupational therapy (OT) services;

Outpatient speech-language pathology (SLP) services;

Diagnostic x-ray tests, laboratory tests, and other diagnostic tests;

X-ray, radium, and radioactive isotope therapy services;

Surgical dressings and splints, casts, and other devices used for reduction of 

fractures and dislocations;

Rental or purchase of durable medical equipment for use in the beneficiary’s 

home;

Ambulance services;

Certain prosthetic devices that replace all or part of an internal body organ;

Leg, arm, back, and neck braces and artificial legs, arms, and eyes;

Certain medical supplies used in connection with home dialysis delivery systems;

Ambulatory Surgical Center services; and 

Preventive services.

INCIDENT TO PROVISION

To be covered incident to the services of a physician, services and supplies must meet 

the following four requirements:

1) Commonly furnished in physicians' offices or clinics

Services and supplies commonly furnished in physicians' offices are covered under the 

incident to provision. Charges for these services and supplies must be included in the 

physician's bill. To be covered, supplies (including drugs and biologicals) must be an 

expense to the physician or legal entity billing for the services or supplies. 

 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 50

2) Furnished by the physician or auxiliary personnel under the direct personal 

 supervision of a physician

Services billed as incident to the services of a physician may be furnished by auxiliary 

personnel or non-physician practitioners (NPP) under the required level of supervision. 

Auxiliary personnel are individuals who act under the supervision of a physician 

regardless of whether the individual is an employee, leased employee, or independent 

contractor of the physician or of the legal entity that employs or contracts with the 

physician. A physician may also have the services of certain NPPs covered as incident 

to his or her professional service. These NPPs include the following:

Audiologists;

Certified nurse midwives;

Certified registered nurse anesthetists;

Clinical nurse specialists;

Clinical psychologists;

Clinical social workers;

Nurse practitioners; 

Occupational therapists;

Physical therapists; and

Physician assistants.

The direct supervision for any service, including evaluation and management (E/M) 

services, can be furnished by any member of the group who is physically present on the 

premises and is not limited to the physician who has established the patient's plan of 

care. Direct supervision in the office setting means that the physician is present in the 

office suite and immediately available to furnish assistance and direction throughout the 

performance of the service. 

Services furnished by auxiliary personnel outside the office setting (e.g., in a 

beneficiary's home or in an institution other than a hospital or Skilled Nursing Facility 

[SNF]) are covered incident to a physician's service only if there is personal supervision 

by the physician. Personal supervision means that a physician is physically in 

attendance in the same room during the performance of the procedure. 

3) Commonly furnished without charge or included in the physician's bill 

Incident to services or supplies must represent an expense incurred by the physician or 

legal entity billing for the services or supplies. 

4) An integral, although incidental, part of the physician's professional service

The physician must have furnished a personal professional service to initiate the course 

of treatment that is being furnished by the NPP as an incidental part. There must also 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 51

be subsequent service by the physician of a frequency that reflects the physician's 

continuing active participation in, and management of, the course of treatment. The 

physician or another physician in the group practice must be physically present in the 

same office suite and immediately available to render assistance, if necessary.

Although the rehabilitative services of PT, OT, and SLP have their own benefits under 

the law, it is also acceptable for these services to be billed by physicians incident to 

their services if the rules for both the therapy benefit and the incident to benefit are met, 

with one exception. The staff who provide therapy services under the direct supervision 

of a physician must be qualified as therapists, with the exception of any licensure 

requirements that may apply. For example, physical therapists must be licensed and 

graduates of an approved PT curriculum (unless they meet other requirements for 

foreign or pre-1977 training). Staff who provide PT services must be graduates of an 

approved PT curriculum, but not necessarily licensed. 

The beneficiary’s medical record should document the essential requirements for 

incident to services. 

SERVICES NOT COVERED BY MEDICARE 

The services that are not covered by Medicare include the following:

Excluded services:

o Acupuncture;

o Care furnished in facilities located outside the U.S., except in limited 

cases;

o Cosmetic surgery, unless medically necessary as a result of accident or 

injury (e.g., a car accident disfigures facial structure and reconstruction is 

needed);

o Custodial care (e.g., assistance with bathing and dressing) at the 

beneficiary’s home or in a nursing home;

o Most dental services;

o Hearing examinations;

o Orthopedic shoes;

o Routine eye care;

o Routine foot care, with the exception of certain beneficiaries with diabetes;

o Routine or annual physical examinations (with the exception of Initial 

Preventive Physical Examinations);

o Screening tests with no symptoms or documented conditions, with the 

exception of certain preventive screening tests;

o Services related to excluded services; and

o Vaccinations, with certain exceptions;
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 52

Services that are considered not medically necessary:

o Services furnished in a hospital or SNF that, based on the beneficiary’s 

condition, could have been furnished elsewhere (e.g., the beneficiary’s 

home or a nursing home);

o Hospital or SNF services that exceed Medicare length of stay limitations; 

o E/M services that are in excess of those considered medically reasonable 

and necessary;

o Therapy or diagnostic procedures that are in excess of Medicare usage 

limits; and

o Services not warranted based on the diagnosis of the beneficiary; and

Services that have been denied as bundled or included in the basic allowance of 

another service:

o Fragmented services included in the basic allowance of the initial service;

o Prolonged care (indirect);

o Physician standby services;

o Case management services (e.g., telephone calls to and from the 

beneficiary); and

o Supplies included in the basic allowance of a procedure.

In addition, Medicare does not pay for claims that have been rejected as unprocessable.

An unprocessable claim has incomplete, missing, or invalid information that is 

necessary for processing the claim. Claims that have been rejected as unprocessable 

may be corrected and resubmitted for payment.

Providers and suppliers should give a beneficiary an Advance Beneficiary Notice (ABN) 

before items or services are furnished to advise him or her that specified items or 

services may not be covered by Medicare. Chapter 3 of this guide provides additional 

information about the ABN. 

Where to Find Additional Information About Medicare Payment Policies

Additional information about Medicare payment policies can be found in the Medicare 

Benefit Policy Manual (Pub. 100-2) at http://www.cms.hhs.gov/Manuals on the CMS 

website. 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 53

CHAPTER FIVE

EVALUATION AND

MANAGEMENT SERVICES
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 54

This chapter discusses common sets of codes and evaluation and management (E/M) 

documentation.

COMMON SETS OF CODES

When billing for a patient’s visit, codes are selected that best represent the services 

furnished during the visit. The two common sets of codes that are currently used are:

Diagnostic or International Classification of Diseases, 9th Edition, Clinical 

Modification (ICD-9-CM) codes; and

Procedural or American Medical Association Current Procedural Terminology 

(CPT) codes.

These codes are organized into various categories and levels. It is the physician’s 

responsibility to ensure that documentation reflects the services furnished and that the 

codes selected reflect those services. The more work performed by the physician, the 

higher the level of code he or she may bill within the appropriate category. The billing 

specialist or alternate source reviews the physician’s documented services and assists 

with selecting codes that best reflect the extent of the physician’s personal work 

necessary to furnish the services. 

Evaluation and Management Services

E/M services refer to visits and consultations furnished by physicians. Billing Medicare 

for a patient visit requires the selection of a CPT code that best represents the level of 

E/M service performed. For example, there are five CPT codes that may be selected to 

bill for office or other outpatient visits for a new patient:

99201 – Usually the presenting problem(s) are self limited or minor and the 

physician typically spends 10 minutes face-to-face with the patient and/or family. 

E/M requires the following three key components:

o Problem focused history.

o Problem focused examination.

o Straightforward medical decision making.

99202 – Usually the presenting problem(s) are of low to moderate severity and 

the physician typically spends 20 minutes face-to-face with the patient and/or 

family. E/M requires the following three key components:

o Expanded problem focused history.

o Expanded problem focused examination.

o Straightforward medical decision making.

CPT only copyright 2008 American Medical Association. All rights reserved.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 55

99203 – Usually the presenting problem(s) are of moderate severity and the 

physician typically spends 30 minutes face-to-face with the patient and/or family. 

E/M requires the following three key components:

o Detailed history.

o Detailed examination.

o Medical decision making of low complexity.

99204 – Usually the presenting problem(s) are of moderate to high severity and 

the physician typically spends 45 minutes face-to-face with the patient and/or 

family. E/M requires the following three key components:

o Comprehensive history.

o Comprehensive examination.

o Medical decision making of moderate complexity.

99205 – Usually the presenting problem(s) are of moderate to high severity and 

the physician typically spends 60 minutes face-to-face with the patient and/or 

family. E/M requires the following three key components:

o Comprehensive history.

o Comprehensive examination.

o Medical decision making of high complexity.

Where to Find Additional Information About the International Classification of Diseases, 9th Edition, 

Clinical Modification

To find additional information about ICD-9-CM, visit 

http://www.cms.hhs.gov/ICD9ProviderDiagnosticCodes/01_overview.asp on the 

Centers for Medicare & Medicaid Services (CMS) website.

The ICD-9-CM CD-ROM is available from the U.S. Government Printing Office, U.S. 

Government Bookstore:

At http://bookstore.gpo.gov on the Web; and

Telephone: (866) 512-1800. 

Where to Find Additional Information About Current Procedural Terminology

To find additional information about CPT, visit http://www.ama-assn.org/ama/pub/physicianresources/solutions-managing-your-practice/coding-billing-insurance/cpt.shtml on the Web.

The Current Procedural Terminology book is available from the American Medical 

Association:

At http://www.amapress.org on the Web; and

Telephone: (800) 621-8335.

CPT only copyright 2008 American Medical Association. All rights reserved.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 56

International Classification of Diseases, 10th Edition, Clinical Modification/

Procedure Coding System

The compliance date for implementation of the International Classification of Diseases, 

10th Edition, Clinical Modification/Procedure Coding System (ICD-10-CM/PCS) is 

October 1, 2013 for all Health Insurance Portability and Accountability Act covered 

entities. ICD-10-CM/PCS will enhance accurate payment for services rendered and 

facilitate evaluation of medical processes and outcomes. The new classification system 

provides significant improvements through greater detailed information and the ability to 

expand in order to capture additional advancements in clinical medicine. 

ICD-10-CM/PCS consists of two parts: 

ICD-10-CM – The diagnosis classification system developed by the Centers for 

Disease Control and Prevention for use in all U.S. health care treatment settings. 

Diagnosis coding under this system uses 3 – 7 alpha and numeric digits and full 

code titles, but the format is very much the same as ICD-9-CM; and

ICD-10-PCS – The procedure classification system developed by CMS for use in 

the U.S. for inpatient hospital settings ONLY. The new procedure coding system 

uses 7 alpha or numeric digits while the ICD-9-CM coding system uses 3 or 4 

numeric digits.

ICD-10-CM/PCS will not affect physicians’, outpatient facilities’, and hospital outpatient 

departments’ use of CPT codes on Medicare fee-for-service claims, as CPT will 

continue to be utilized.

Where to Find Additional Information About the International Classification of Diseases, 10

th

Edition, Clinical Modification/Procedure Coding System

To find additional information about ICD-10-CM/PCS, visit 

http://www.cms.hhs.gov/ICD10 on the CMS website.

EVALUATION AND MANAGEMENT DOCUMENTATION

Medicare pays physicians based on diagnostic and procedure codes that are derived 

from medical documentation. E/M documentation is the pathway that translates a 

physician’s patient care work into the claims and reimbursement mechanism. This 

pathway’s accuracy is critical in:

Ensuring that physicians are paid correctly for their work;

Supporting the correct E/M code level; and

Providing the validation required for medical review.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 57

Providers may use either the 1995 Documentation Guidelines for Evaluation and 

Management Services or the 1997 Documentation Guidelines for Evaluation and 

Management Services. Medicare Contractors must conduct reviews using both 

the 1995 and the 1997 guidelines and apply the guidelines that are most advantageous 

to the provider. 

Where to Find Additional Information About Evaluation and Management Services

Additional information about E/M services is available as follows:

E/M documentation:

o At http://www.cms.hhs.gov/MLNEdWebGuide/25_EMDOC.asp on the 

CMS website; and 

o In Chapter 12, Section 100 of the Medicare Claims Processing Manual 

(Pub. 100-4) at http://www.cms.hhs.gov/Manuals on the CMS website;

1995 Documentation Guidelines for Evaluation & Management Services at 

http://www.cms.hhs.gov/MLNProducts/Downloads/1995dg.pdf on the CMS 

website and in the Reference Section of this guide; 

1997 Documentation Guidelines for Evaluation & Management Services at 

http://www.cms.hhs.gov/MLNProducts/Downloads/MASTER1.pdf on the CMS 

website and in the Reference Section of this guide; and

The Medicare Learning Network publication titled Evaluation & Management 

Services Guide, which can be accessed at http://www.cms.hhs.gov/MLNGenInfo

on the CMS website.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 58

CHAPTER SIX

PROTECTING THE 

MEDICARE TRUST FUND
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 59

This chapter provides information about the Medicare medical review program, 

coverage determinations, and health care fraud and program abuse.

MEDICAL REVIEW PROGRAM

The goal of the medical review program is to reduce provider and supplier payment 

errors by identifying and addressing coverage and coding billing errors by:

Analyzing data (e.g., profiling of providers and suppliers, services, or beneficiary 

utilization) and evaluating other information (e.g., complaints, enrollment, and/or 

cost report data);

Taking action to prevent and/or address the identified errors;

Publishing local medical review policies that provide guidance to the public and 

the medical community regarding payment eligibility under the Medicare statute.

COVERAGE DETERMINATIONS

There are two types of coverage policies that assist providers and suppliers in coding 

correctly and billing Medicare only for covered items and services: National Coverage 

Determinations (NCD) and Local Coverage Determinations (LCD).

 

1) National Coverage Determination 

A NCD sets forth the extent to which Medicare will cover specific services, procedures, 

or technologies on a national basis. A NCD is a reasonable and necessary 

determination made by the Secretary of the Department of Health and Human Services 

(HHS). Therefore, a failure to meet the terms of the NCD will make the item or service 

not reasonable and necessary, which is one of the categories of items and services 

Medicare is prohibited from paying under Section 1862(a)(1)(A) and for which a 

beneficiary is given liability protection under Section 1879 of the Social Security Act if he 

or she did not know in advance that Medicare was prohibited from paying. An Advance 

Beneficiary Notice conveys this information to the beneficiary, thereby eliminating his or 

her liability protection. Medicare Contractors are required to follow NCDs. Prior to an 

NCD taking effect, the Centers for Medicare & Medicaid Services (CMS) must first issue 

a Manual Transmittal, ruling, or Federal Register Notice. If a NCD and a LCD exist 

concurrently regarding the same coverage policy, the NCD takes precedence.

2) Local Coverage Determination

To further define a NCD or in the absence of a specific NCD, Medicare Contractors may 

develop LCDs, which are coverage decisions made at their own discretion to provide 

guidance to the public and the medical community within a specified geographic area. 

LCDs cannot conflict with NCDs. LCDs are administrative and educational tools that 

assist providers in submitting correct claims for payment by outlining coverage criteria, 

defining medical necessity, and providing references upon which a policy is based and 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 60

codes that describe what is and is not covered when the codes are integral to the 

discussion of medical necessity. Providers and suppliers may submit requests for new 

or revised LCDs to Medicare Contractors. 

Medicare Contractor Contact Information

The Provider Call Center Toll-Free Numbers Directory, which contains Medicare 

Contractor contact information, can be accessed in the Downloads Section at 

http://www.cms.hhs.gov/MLNGenInfo/30_contactus.asp on the CMS website. 

The LCD development process is open to the public and includes:

Developing a draft policy;

Making the draft available for a minimum comment period of 45 days (if the policy 

requires a comment period); and

Soliciting comments and recommendations on the draft, which health care 

professionals, provider organizations, and the public may electronically submit on 

Contractor’s websites.

LCDs and NCDs that may prevent access to items and services or have resulted in 

claim denials can be challenged by aggrieved parties (Medicare beneficiaries or the 

estate of Medicare beneficiaries) who:

Are entitled to benefits under Part A, are enrolled in Part B, or both (including 

beneficiaries who are enrolled in fee-for-service Medicare and Medicare 

Advantage);

Are in need of coverage for items or services that are denied based upon an 

applicable LCD or NCD, regardless of whether the items or services were 

received; and

Have obtained documentation of the need for the items or services from his or 

her treating physician. 

If a claim is denied by a Medicare Contractor based on a LCD or NCD, the beneficiary is 

notified about the denial and the reasons for the denial on the Medicare Summary 

Notice.

Where to Find Additional Information the Medicare Coverage Determination Process

Information about the Medicare coverage determination process is available as follows:

At http://www.cms.hhs.gov/DeterminationProcess/01_Overview.asp on the CMS 

website; and 

In the National Coverage Determinations Manual (Publication 100-03) and 

Medicare Program Integrity Manual (Publication 100-08) at 

http://www.cms.hhs.gov/Manuals on the CMS website.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 61

HEALTH CARE FRAUD AND PROGRAM ABUSE

CMS emphasizes early detection and prevention of health care fraud and program 

abuse. An estimated 10 percent of Medicare costs are wrongly spent on incidences of 

fraud and abuse. Preventing and detecting fraud and abuse is a cooperative effort that 

involves:

CMS;

Beneficiaries;

Medicare Contractors;

Providers, suppliers, and other health care entities;

State Medicaid Fraud Control Units;

Quality Improvement Organizations;

Department of HHS Office of Inspector General (OIG); 

Department of Justice (DOJ), including the Federal Bureau of Investigation; and 

Other Federal law enforcement agencies.

The efforts of these groups can help deter health care fraud and program abuse and 

protect beneficiaries from harm by:

Identifying suspicious Medicare charges and activities;

Investigating and punishing those who commit Medicare fraud and abuse; and

Ensuring that money lost to fraud and abuse is returned to the Medicare Trust 

Fund.

Federal health care fraud generally involves an individual’s or entity’s intentional use of 

false statements or fraudulent schemes (such as kickbacks) to obtain payment for, or to 

cause another individual or entity to obtain payment for, items or services payable under 

a Federal health care program. Some examples of fraud are:

Billing for services not furnished;

Soliciting, offering, or receiving a kickback, bribe, or rebate;

Violations of the physician self-referral (“Stark”) prohibition;

Using an incorrect or inappropriate provider identifier in order to be paid (e.g., 

using a deceased individual’s provider identifier);

Signing blank records or certification forms that are used by another entity to 

obtain Medicare payment;

Selling, sharing, or purchasing Medicare Health Insurance Claim (HIC) numbers 

in order to bill false claims to the Medicare Program;

Offering incentives to Medicare beneficiaries that are not offered to other patients 

(e.g., routinely waiving or discounting Medicare deductibles, coinsurance, or 

copayments);

Falsifying information on applications, medical records, billing statements, cost 

reports, or on any statement filed with the government or its agents;

Using inappropriate procedure or diagnosis codes to misrepresent the medical 

necessity or coverage status of the services furnished; 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 62

Consistently using billing or revenue codes that describe more extensive services 

than those actually performed (upcoding); and

Misrepresenting himself or herself as a Medicare beneficiary for the purpose of 

securing Medicare payment for their health care by presenting a Medicare health

insurance card or Medicare HIC number that rightfully belongs to another

individual.

In general, program abuse, which may be intentional or unintentional, directly or 

indirectly results in unnecessary or increased costs to the Medicare Program. 

Many abusive practices are subsequently determined to be fraudulent. For example, if a 

provider or supplier ignores Medicare guidance, education efforts, warnings, or advice 

that abusive conduct is inappropriate and he or she continues to engage in the same or 

similar conduct, the conduct could be considered fraudulent. 

Significant Medicare Fraud and Abuse Provisions

1) False Statements and Kickbacks, Bribes, and Rebates

Under 42 U.S.C. Section 1320a-7b(a), if an individual or entity is determined to have 

engaged in any following activities, he or she shall be guilty of a felony and upon 

conviction shall be fined a maximum of $50,000 per violation or imprisoned for up to five 

years per violation, or both:

Purposefully involved in supplying false information on an application for a 

Medicare benefit or payment or for use in determining the right to any such 

benefit or payment;

Knows about, but does not disclose, any event affecting the right to receive a 

benefit;

Knowingly submitting a claim for physician services that were not furnished by a 

physician; or

Supplies items or services and asks for, offers, or receives a kickback, bribe, or 

rebate.

2) Anti-Kickback Statute

The Anti-Kickback Statute, 42 U.S.C. §1320a-7b(b), prohibits offering, soliciting, paying, 

or receiving remuneration for referrals for services that are paid in whole or in part by 

the Medicare Program. In addition, the statute prohibits offering, soliciting, paying, or 

receiving remuneration in return for purchasing, leasing, ordering, arranging for, or 

recommending the purchase, lease, or order of any goods, facility, item, or service for 

which payment may be made in whole or part by the Medicare Program. An 

arrangement will be deemed to not violate the Anti-Kickback Statute if it fully complies

with the terms of a safe harbor issued by the OIG. Arrangements that do not fit within a 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 63

safe harbor and thus do not qualify for automatic protection may or may not violate the 

Anti-Kickback Statute, depending on their facts. 

3) Physician Self Referral (“Stark”) Statute

The Stark Statute, 42 U.S.C. §1395nn, prohibits a physician from making a referral for 

certain designated health services to an entity in which the physician (or a member of 

his or her family) has an ownership/investment interest or with which he or she has a 

compensation arrangement, unless an exception applies. 

Exceptions to the prohibition on self referrals can be found in the Code of Federal 

Regulations (CFR) at CFR 411.355-357. To access the CFR, visit 

http://www.gpoaccess.gov/cfr/index.html on the Web. The designated health services 

include the following:

Clinical laboratory services;

Physical therapy services; 

Occupational therapy services;

Speech-language pathology services;

Radiology and certain other imaging services such as magnetic resonance 

imaging and ultrasound;

Radiation therapy services and supplies;

Durable medical equipment (DME) and supplies;

Parenteral and enteral nutrients, equipment, and supplies;

Prosthetics, orthotics, and prosthetic devices and supplies;

Home health services and supplies;

Outpatient prescription drugs; and

Inpatient and outpatient hospital services.

The DOJ or a private relator can also file a suit under the civil False Claims Act (31 

U.S.C. Section 3729) to recover any Federal losses due to false claims as well as 

additional amounts in the form of penalties and fines. 

Potential Legal Actions

It is a Federal crime to commit fraud against the U.S. Government, including the 

Medicare Program. A provider, supplier, or health care organization that has been 

convicted of fraud may receive a significant fine, prison sentence, or be temporarily or 

permanently excluded from Medicare and other Federal health care programs. In some 

states, providers, suppliers, and health care organizations may also lose their licenses. 

Below is a discussion of some of the potential consequences of failure to comply with 

fraud and abuse laws.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 64

Investigations

A Program Safeguard Contractor or Medicare Contractor Benefit Integrity unit identifies 

and documents potential fraud and abuse and, when appropriate, refers such matters to 

the OIG. 

Civil Monetary Penalties

Many violations of Medicare laws and regulations are subject to the imposition of Civil 

Monetary Penalties (CMP). Depending on the violation, the CMP amount may be up to 

$10,000 per violation and exclusion from the Medicare Program may be imposed. Some 

examples of violations for which CMPs may apply include:

Violation of Medicare assignment provisions;

Violation of the Medicare physician or supplier agreement;

Violation of an assignment requirement for certain diagnostic clinical laboratory 

tests and nurse-anesthetist services;

Violations of the Anti-Kickback Statute, Stark Statue, and other fraud and abuse 

laws;

False or misleading information expected to influence a decision to discharge;

Refusal to supply rental DME supplies without charge after rental payments may 

no longer be made;

Hospital unbundling of outpatient surgery costs; and

Hospital and physician dumping of beneficiaries, either because they cannot pay 

or because of a lack of resources.

Denial or Revocation of Medicare Provider Billing Privileges

CMS has the authority to deny an individual or entity’s application for Medicare provider 

billing privileges or revoke a provider’s billing privileges if there is evidence of 

impropriety (e.g., previous convictions, falsifying information on the application, or State 

or Federal licensure or certification requirements are not met). 

Suspension of Payments

CMS has the authority to suspend payment to individuals and entities when there is 

reliable information that an overpayment, fraud, or willful misrepresentation exists or 

that payments to be made may not be correct. During payment suspensions, claims that 

are submitted will be processed and individuals and entities will be notified about claim 

determinations. Actual payments due are withheld and may be used to recoup amounts 

that were overpaid. Individuals and entities may submit written rebuttals regarding why 

a suspension of payment should not be imposed.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 65

Exclusion Authority

The OIG has the authority to exclude individuals and entities from participation in all 

Federal health care programs, including Medicare, Medicaid, and all other plans and 

programs that provide health benefits funded directly or indirectly by the U.S. (other 

than the Federal Employees Health Benefits Plan). No payment will be made by any 

Federal health care program for any items or services directly or indirectly furnished, 

ordered, or prescribed by an excluded or debarred individual or entity. Providers and 

suppliers who participate in or bill a Federal health care program generally may not 

employ or contract with an excluded or debarred individual or entity. In addition, 

excluded individuals are not eligible for Federally-insured loans, Federally-funded 

research grants, and programs administered by other Federal agencies. All types of 

exclusions remain in effect until the individual or entity is eligible for and reinstated by

the OIG. There are two types of exclusions: mandatory and permissive.

1) Mandatory exclusions

Mandatory exclusions are imposed for a minimum statutory period of five years, 

although aggravating and mitigating factors may justify assessment of a lengthier 

exclusion. Exclusions are mandated for individuals and entities who: 

Have been convicted of any type of program-related violations;

Have been convicted of patient abuse or neglect;

Have felony convictions related to other health care programs; or 

Have felony convictions related to certain types of controlled substance 

violations. 

 2) Permissive exclusions

The OIG may impose permissive exclusions on individuals and entities who have 

misdemeanor convictions that are related to:

Health care fraud;

Obstruction of an investigation; and 

Certain types of controlled substance violations. 

These permissive exclusions typically have a benchmark period duration of three years, 

although aggravating and mitigating factors may justify assessment of a lengthier 

exclusion.

Other permissive exclusions are based on determinations made by other agencies such 

as licensing boards, Federal or State health care programs, and/or recommendations 

from payer agencies. The period of exclusion in most of these actions varies and is 

subject to the discretion of the OIG. 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 66

Sanctioned and Reinstated Provider and Supplier Lists

There are two types of sanctioned and reinstated provider and supplier lists: Office of 

Inspector General List of Excluded Individuals/Entities (LEIE) and General Services 

Administration Excluded Parties List System.

1) Office of Inspector General List of Excluded Individuals/Entities

The Office of Inspector General LEIE contains information about individuals and entities 

that are currently excluded from participation in all Federal health care programs, 

including the Medicare Program. The LEIE is available at 

http://www.oig.hhs.gov/fraud/exclusions/exclusions_list.asp on the Web.

2) General Services Administration Excluded Parties List System

The General Services Administration Excluded Parties List System is an index of 

individuals and entities that have been excluded throughout the U.S. Government from 

receiving Federal contracts, certain subcontracts, and certain types of Federal financial 

and non-financial assistance and benefits. The Excluded Parties List System can be 

found at http://www.epls.gov on the Web.

Incentive Reward Program

The Incentive Reward Program encourages the reporting of information regarding 

individuals or entities that commit fraud or abuse and could result in sanctions under 

any Federal health care program. Medicare offers a monetary reward for information 

that leads to a minimum recovery of $100.00 of Medicare funds that were 

inappropriately obtained. Incentive rewards are 10 percent of the amount recovered or 

$1,000, whichever amount is lower.

Whistle Blower Provision

Under the Whistle Blower or qui tam provision of the False Claim Act, any individual 

who has knowledge of a false claim may file a civil suit on behalf of the U.S. 

Government and may share a percentage of the recovery realized from a successful 

action. 

Where to Find Additional Information About Protecting the Medicare Trust Fund

Additional information about protecting the Medicare Trust Fund can be found:

At http://www.oig.hhs.gov; and 

In the Medicare Program Integrity Manual (Pub. 100-8) at

http://www.cms.hhs.gov/Manuals on the CMS website.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 67

Office of Inspector General Hotline Contact Information

To report suspected health care fraud or program abuse, the OIG can be contacted as 

follows:

 Mail:

 Office of Inspector General

 Department of Health and Human Services

 ATTENTION: HOTLINE

 P. O. Box 23489

 Washington, DC 20026

 

 Telephone: (800) 447-8477

 E-mail: HHSTips@oig.hhs.gov

 Fax: (800) 223-8164
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 68

CHAPTER SEVEN

INQUIRIES, OVERPAYMENTS,

AND FEE-FOR-SERVICE APPEALS
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 69

This chapter discusses inquiries, overpayments, and fee-for-service appeals.

INQUIRIES

Medicare providers and suppliers may submit inquiries about billing, claims, eligibility, 

and payment guidelines to Medicare Contractors either by telephone or in writing. 

Customer Service Representatives (CSR) are available to handle telephone inquiries 

continuously during normal business hours for all time zones of the geographic area 

serviced, Monday through Friday. 

Contractors also provide automated self-help tools such as Interactive Voice Response 

(IVR) services, which are available 24 hours a day. IVR services provide information 

about the following topics:

Contractor hours of operation for CSR service;

General Medicare Program;

Specific information about claims in process and claims completed; and

Official definitions of the 100 most frequently used Remittance Codes (as 

determined by each Contractor).

Medicare Contractor Contact Information

The Provider Call Center Toll-Free Numbers Directory, which contains Medicare 

Contractor contact information, can be accessed in the Downloads Section at 

http://www.cms.hhs.gov/MLNGenInfo/30_contactus.asp on the Centers for Medicare & 

Medicaid Services (CMS) website.

OVERPAYMENTS 

Overpayments are funds that a provider, supplier, or beneficiary has received in excess 

of amounts due and payable under Medicare statutes and regulations. Once a 

determination of an overpayment has been made, the overpayment becomes a debt 

owed to the Federal government. Federal law requires CMS to seek recovery of an 

overpayment, regardless of how it is identified or caused. 

Overpayments are often paid due to the following: 

Duplicate submission of the same service or claim; 

Payment to the incorrect payee; 

Payment for excluded or medically unnecessary services; or

Payment made as the primary payer when Medicare should have paid as the 

secondary payer.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 70

If Medicare pays more than the correct amount in error, providers and suppliers should 

make voluntary/unsolicited refunds as soon as possible, without waiting for notification. 

Refunds are sent to the Medicare Contractor and must include the following information: 

The provider or supplier's National Provider Number (NPI);

The NPI of the provider or supplier who should actually be paid, if applicable; 

The beneficiary's Medicare Health Insurance Claim (HIC) number;

The date of service;

The amount overpaid;

A brief description regarding the reason for the refund; 

A copy of the Remittance Advice (RA), with the claims at issue highlighted; and 

A check for the overpaid amount.

When the Federal government accepts a voluntary/unsolicited refund, it does not affect 

or limit its right or the right of its agencies or agents to pursue any appropriate criminal, 

civil, or administrative remedies that arise from or related to applicable claims.

Providers and suppliers are also responsible for timely repayment when Medicare 

notifies them of an overpayment. When an overpayment occurs, Medicare will send a 

letter which states:

The service(s) at issue;

Why the overpayment occurred; and

The amount being requested.

If the overpayment is not paid within the timeframe specified in the letter, interest is 

assessed from the date of the letter. If no response is received from the provider or 

supplier within 30 days after the date of the first demand letter, a second demand letter 

will be sent between 31 and 45 days. If a full payment is not received 40 days after the 

date of the first demand letter, the Medicare Contractor will start recoupment from future 

payments on day 41. 

If a provider or supplier disagrees with the overpayment, he or she has the right to 

appeal the decision. Recoupment will cease as a result of a demand letter if: 

The overpayment is determined on or after October 29, 2003; and 

A valid first level appeal request has been received.

Where to Find Additional Information About Overpayments

Additional information about overpayments can be found in the Medicare Claims 

Processing Manual (Pub. 100-04) located at http://www.cms.hhs.gov/Manuals on the 

CMS website.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 71

FEE-FOR-SERVICE APPEALS

An appeal is an independent review of an initial determination made by a Medicare 

Contractor. Generally, a party to the initial determination is entitled to an appeal if he or 

she is dissatisfied with the determination and files a timely appeal request that contains 

the necessary information needed to process the request.

A party to an initial determination may be:

A beneficiary who files a request for payment or has a request for payment filed 

on his or her behalf by a provider;

A supplier who has accepted assignment for items or services furnished to a 

beneficiary that are at issue in the request for payment; or

A provider of services who files a request for payment for items or services 

furnished to a beneficiary.

A party to a higher level appeal may be:

The parties to an initial determination, except when a beneficiary has assigned 

his or her appeal rights;

A State Agency pursuant to the Code of Federal Regulations (CFR) at

 42 CFR 405.908 (to access the CFR, visit

 http://www.gpoaccess.gov/cfr/index.html on the Web);

A provider or supplier who accepts assignment of appeal rights for items or 

services furnished to a beneficiary; or

A nonparticipating physician or supplier who does not accept assignment for 

items or services furnished to a beneficiary and may be obligated to make a 

refund pursuant to Sections 1834(a)(18), 1834(j)(4), or 1842(l) of the Social 

Security Act (the Act).

A provider or supplier who is not already a party to an appeal may appeal an initial 

determination for services furnished to a beneficiary if the beneficiary subsequently dies 

leaving no other party available to appeal the determination. 

A party may appoint a representative if he or she wants assistance with the appeal. A 

physician or supplier may act as a beneficiary’s appointed representative. A party may 

appoint a representative to act on his or her behalf by completing Form CMS-1696, 

Appointment of Representative. A party may also appoint a representative through a 

submission that meets the following requirements:

It is in writing and is signed and dated by both the party and the individual who is 

agreeing to be the representative;

It includes a statement appointing the representative to act on behalf of the party 

and if the party is a beneficiary, authorizing the adjudicator to release identifiable 

health information to the appointed representative;

It includes a written explanation of the purpose and scope of the representation;
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 72

It contains the name, telephone number, and address of both the party and the 

appointed representative; 

If the party is a beneficiary, the beneficiary’s Medicare HIC number;

It indicates the appointed representative’s professional status or relationship to 

the party; and

It is filed with the entity that is processing the party’s initial determination or 

appeal.

A provider or supplier who furnishes the items or services being appealed may be 

appointed as the beneficiary’s representative, but may not charge the beneficiary a fee 

for such representation and must waive their right to collect payment from the 

beneficiary for such items or services when the denial triggers the limitation on liability 

provisions of §1879 of the Act (e.g., services not medically reasonable and necessary or 

services considered custodial in nature).

A representative may submit arguments, evidence, or other materials on behalf of the 

party. The representative, the party, or both may participate in all levels of the appeals 

process. Once both the party and the representative have signed the Appointment of 

Representative Form, the appointment is valid for one year from the date of the last 

signature for the purpose of filing future appeals, unless it has been revoked.

As noted above, a beneficiary may also assign (transfer) his or her appeal rights to a 

physician or supplier who is not a party to the initial determination and who furnished 

the items or services at issue in the appeal. A beneficiary must assign appeal rights 

using Form CMS-20031, Transfer of Appeal Rights. A physician or supplier who accepts 

assignment of appeal rights must waive the right to collect payment from the beneficiary 

for the items or services at issue in the appeal, with the exception of deductible and 

coinsurance amounts.

After an initial claim determination is made, the appeals process is as follows:

Redetermination by Medicare Contractor;

Reconsideration by Qualified Independent Contractor (QIC);

Hearing by Administrative Law Judge (ALJ);

Appeals Council review; and

Judicial review.

The Five Levels of Appeals

First Level of Appeal – Redetermination by Medicare Contractor

A party who is dissatisfied with the initial determination may request that a Medicare 

Contractor conduct a redetermination. The redetermination, which is an independent 

review of the initial determination, is conducted by an employee of the Contractor who 

was not involved in making the initial determination. A request for a redetermination 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 73

must be filed within 120 calendar days of the date the notice of initial claim 

determination is received. If good cause is shown, the period for filing the appeal 

request may be extended. At this level of appeal, a minimum monetary threshold is not 

required. 

The request for redetermination should be sent to the Contractor that issued the original 

claim determination, and parties should submit all relevant documentation to support 

their assertion that the initial claim determination was incorrect. Parties must request 

redeterminations in writing by either completing Form CMS-20027, Medicare 

Redetermination Request, or by submitting a written request that includes the following:

Beneficiary’s name;

Beneficiary’s Medicare HIC number;

Which items or services are at issue and the corresponding date(s) of service; 

and

Name and signature of the party or authorized/appointed representative of the 

party.

In most cases, the Contractor will issue a decision via either a Medicare 

Redetermination Notice (MRN) or a revised RA or Medicare Summary Notice to all 

parties to the appeal within 60 days of receipt of the redetermination request. 

Second Level of Appeal – Reconsideration by Qualified Independent Contractor

A party dissatisfied with the redetermination decision or dismissal may request a 

reconsideration by a QIC. The QICs are required to have a panel of physicians or other 

health care professionals that independently review medical necessity issues. 

Instructions for requesting a reconsideration can be found on the MRN. A party must file 

a written request for a reconsideration with the entity specified in the redetermination 

notice within 180 calendar days of the date the redetermination decision is received. If 

good cause is shown, the QIC may extend the period for filing the request. At this level 

of appeal, a minimum monetary threshold is not required. A party must file a request for 

reconsideration with the appropriate Contractor in writing by either completing Form 

CMS-20033, Medicare Reconsideration Request, or by submitting a request that 

includes the following:

Beneficiary’s name;

Beneficiary’s Medicare HIC number;

Which items or services are at issue and the corresponding date(s) of service;

Name and signature of the party or authorized/appointed representative of the 

party; and

Name of the Contractor that made the redetermination.

In most cases, the QIC will issue written notice of its reconsideration decision to all 

parties within 60 calendar days of receipt of the request for reconsideration. In some 

situations (e.g., submission of additional evidence after the reconsideration request is 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 74

filed), the time limit will be extended beyond 60 days. The reconsideration decision 

provides detailed information regarding further appeal rights if the decision is not fully 

favorable. If the QIC is unable to issue a reconsideration within the applicable time limit, 

the QIC will notify the appellant (the party who filed the appeal request). The appellant 

may then file a written request with the QIC to escalate the appeal to the ALJ level. 

All evidence requested by the Contractor in the redetermination decision must be 

submitted at the QIC reconsideration level of appeal. Failure to submit requested 

information at the QIC reconsideration level may lead to exclusion of such evidence at 

subsequent levels of appeal unless good cause is shown for submitting the evidence 

late. 

Third Level of Appeal – Hearing by Administrative Law Judge

A party dissatisfied with the reconsideration decision or dismissal may request a 

hearing before an ALJ with the Department of Health and Human Services Office of 

Medicare Hearings and Appeals . A party must file their request for an ALJ hearing in 

writing within 60 calendar days of receipt of the QIC reconsideration notice. The 

reconsideration notice provides detailed information regarding where the request must 

be filed and the content required for the request. Parties may request a hearing before 

an ALJ by completing CMS Form 20034, Request for Medicare Hearing by an 

Administrative Law Judge, which is available at http://www.hhs.gov/omha on the Web. 

There is an amount in controversy (AIC) requirement, which will be adjusted annually in 

accordance with the percentage increase in the medical care component of the

Consumer Price Index for all Urban Consumers (CPI-U).

ALJ hearings are generally conducted via video teleconferencing technology or by 

telephone. An appellant may request in writing that the ALJ conduct an in-person 

hearing. The ALJ determines on a case-by-case basis (subject to concurrence of the 

Managing Field Office ALJ), whether good cause has been demonstrated to conduct the 

hearing in person. Appellants may also request an ALJ decision without a hearing (on 

the record). 

At the ALJ level, CMS and/or CMS Contractors may elect to either participate in the 

hearing or become a party to the hearing. When an appellant requests an ALJ hearing 

following a QIC reconsideration, the appellant must also send a copy of the request for 

hearing to the other parties to the QIC reconsideration. The ALJ’s 90-day timeframe to 

issue a decision does not start until all parties to the QIC reconsideration receive notice 

of the requested ALJ hearing. 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 75

In most cases, the ALJ will issue a decision within 90 days of receipt of the request for 

hearing. The time limit may be extended for a variety of reasons, including but not 

limited to:

The case being escalated from the reconsideration level;

The submission of additional evidence that was not included with the hearing 

request;

Request for an in-person hearing;

The appellant's failure to send notice of the hearing request to other parties; and

The initiation of discovery in cases where CMS is a party. 

If the ALJ does not issue a decision within the applicable adjudication timeframe, the 

appellant may request that the ALJ escalate the case to the Appeals Council level. 

Fourth Level of Appeal – Appeals Council Review

A party to the ALJ hearing may request Appeals Council review of the ALJ’s decision or 

dismissal. The request for Appeals Council review must be filed within 60 calendar days 

of receipt of the ALJ’s decision, which provides information about how to file a request 

for a review. The request for an Appeals Council review must specify the issues and 

findings that are being contested. At this level of appeal, there is no AIC requirement. 

In most cases, the Appeals Council will issue a decision within 90 days of receipt of the

request for review. The 90-day timeframe may be extended for various reasons 

including, but not limited to, the case being escalated from an ALJ hearing. If the 

Appeals Council does not issue a decision within the applicable timeframe, the 

appellant may request that the Appeals Council escalate the case to the Judicial Review 

level.

Fifth Level of Appeal – Judicial Review

A party to a final decision of the Appeals Council may request judicial review before a 

U.S. District Court judge if the AIC requirement is met and is still in controversy. The 

AIC will be adjusted annually in accordance with the percentage increase in the medical 

care component of the CPI-U. The appellant must file the request for review within 60 

days of receipt of the Appeals Council’s decision, which provides information about how 

to request judicial review. 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 76

Liability and Appeal Decisions

Liability regarding appeal decisions is as follows: 

When an original claim determination for both assigned and nonassigned claims 

is upheld on a review and the provider or supplier knew or could have been 

expected to know that payment for the service might be denied or reduced, he or 

she is held liable and must refund any monies collected from the beneficiary 

within 30 days of the review decision unless a valid Advance Beneficiary Notice 

was properly executed.

When an original claim determination for an assigned claim is upheld on a review 

and the provider or supplier and beneficiary could not have been expected to 

know that payment for the service might be denied or reduced, payment is made 

to the provider or supplier.

When an original claim determination for a nonassigned claim is upheld on a 

review and it is found that the provider or supplier could not have been expected 

to know that payment for the service might be denied or reduced, he or she is 

notified that payment may be collected from the beneficiary. If the beneficiary is 

found liable, a letter is sent indicating that he or she is responsible for payment.

When an original claim determination for a nonassigned claim is upheld on a 

review and it is found that neither the provider or supplier nor the beneficiary 

could have been expected to know that payment for the service might be denied 

or reduced, neither party will be responsible for payment.

When the beneficiary is not responsible for the payment of a service, the provider 

or supplier must refund any monies collected from the beneficiary. If the refund is 

not made within the specified time limits, the following actions may occur:

o For an assigned claim, the beneficiary may submit a request to Medicare 

for indemnification from payment. A letter is sent to the provider or 

supplier indicating that a refund must be made to the beneficiary within 15 

days for the amount actually paid, including any amounts applied to 

deductibles, coinsurance, and copayments. If the refund is not made 

within 15 days, Medicare will pay the beneficiary and request a refund 

from the provider or supplier.

o For a nonassigned claim, the beneficiary may notify Medicare that the 

provider or supplier did not refund the amount due. A letter is sent to the 

provider or supplier indicating that a refund is due to the beneficiary within 

15 days. If a refund is not made within 15 days, the provider or supplier 

may be subject to Civil Monetary Penalties and sanctions.

Reopenings

A reopening is a remedial action taken to change a final determination or decision that 

resulted in either an overpayment or underpayment, even though the determination or 

decision was correct based on the evidence of record. A reopening allows the correction 

of minor errors or omissions without initiating a formal appeal. If a claim is denied 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 77

because a Contractor did not receive requested documentation during medical review 

and the party later requests a redetermination, the Contractor must process the request 

as a reopening. A Contractor must also process clerical errors (including human and 

mechanical errors on the part of the party or Contractor), such as mathematical or 

computational mistakes, inaccurate data entry, or denials of claims, as duplicates. A 

reopening is, in general, not conducted until a party’s appeal rights have been 

exhausted. A Contractor, QIC, ALJ, or Appeal Council’s decision on whether to reopen 

is final and not subject to appeal. A reopening may be requested by a party or initiated 

by a Contractor, QIC, ALJ, or Appeals Council. 

The timeframes and requirements for requesting or initiating a reopening will depend on 

the level at which the reopening is requested (initial determination level or one of the 

appeals levels) and who is initiating the reopening (a party, Contractor, QIC, ALJ, or 

Appeals Council). When any determination or decision is reopened and revised, a 

Contractor, QIC, ALJ, or Appeals Council must mail its revised determination or 

decision to the parties. If the reopening action results in an adverse revised 

determination or decision, the Contractor shall mail a letter that states the rationale for 

the reopening, the applicable revision, and any right to appeal. 

Where to Find Additional Information About the Medicare Fee-For-Service Appeals Process and 

Appeals Forms

Additional information about the Medicare fee-for-service appeals process is available 

as follows:

At http://www.cms.hhs.gov/OrgMedFFSAppeals on the CMS website; 

At http://www.cms.hhs.gov/MMCAG on the CMS website;

At http://www.cms.hhs.gov/MedPrescriptDrugApplGriev on the CMS website; and

Chapter 29 of the Medicare Claims Processing Manual (Pub. 100-4) located at 

http://www.cms.hhs.gov/Manuals on the CMS website. 

Appeals forms are available at:

At http://www.cms.hhs.gov/CMSForms/CMSForms on the CMS website; 

At http://www.hhs.gov/dab/DAB101.pdf on the CMS website; and

At http://www.hhs.gov/omha on the Web.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 78

REFERENCE

SECTION
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 79

GLOSSARY

A

Advance Beneficiary Notice 

A written notice that a provider or supplier gives to a beneficiary under certain 

circumstances (e.g., lack of medical necessity) before items or services are furnished to 

advise him or her that specified items or services may not be covered by Medicare. 

Appeal

Complaint a beneficiary, provider of services, or supplier can make if he or she 

disagrees with a Medicare coverage or payment decision. 

Assignment

When a provider or supplier is paid the Medicare allowed amount as payment in full for 

his or her services. 

B

Beneficiary

Individual eligible to receive Medicare or Medicaid payment and/or services.

C

Carrier

Centers for Medicare & Medicaid Services Contactor that determines reasonable 

charges, accuracy, and coverage for Medicare Part B services and processes Part B 

claims and payments (see Medicare Administrative Contractor).

Centers for Medicare & Medicaid Services 

The Federal agency that administers and oversees the Medicare Program and a portion 

of the Medicaid Program. It also regulates laboratory testing and surveys and certifies 

Rural Health Clinics, Federally Qualified Health Centers, Critical Access Hospitals, 

nursing homes, health care agencies, intermediate care facilities for the mentally 

retarded, and hospitals.

Claim

A request for payment of benefits or services received by a beneficiary. 

Code of Federal Regulations 

Official compilation of Federal rules and requirements.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 80

Coinsurance

Under the Original Medicare Plan or a Private Fee-for-Service Plan, a percentage of 

covered charges that the Medicare beneficiary may pay after he or she has met the 

applicable deductible. 

Coordination of Benefits

The process that determines the respective responsibilities of two or more payers that 

have some financial responsibility for a medical claim.

Copayment

In some Medicare health plans, the amount that is paid by the beneficiary for each 

medical service.

Cost Report

Report required from providers on an annual basis in order to make a proper 

determination of amounts payable under the Medicare Program.

Covered Service

A reasonable and necessary service furnished to Medicare or Medicaid beneficiaries 

and reimbursable to the provider, supplier, or beneficiary.

D

Deductible

Amount a beneficiary must pay before Medicare begins to pay for covered services and 

supplies.

Durable Medical Equipment 

Medical equipment ordered by a physician or, if Medicare allows, a nurse practitioner, 

physician assistant or clinical nurse specialist for use in the home. The item must be 

reusable (e.g., walkers, wheelchairs, or hospital beds).

Durable Medical Equipment Medicare Administrative Contractor

A private company that contracts with Medicare to pay bills for durable medical 

equipment.

F

Fiscal Intermediary

Centers for Medicare & Medicaid Services Contractor that processes claims for services 

covered under Medicare Part A and most types of claims for services covered under 

Medicare Part B (see Medicare Administrative Contractor).
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 81

H

Health Care Fraud

Generally involves an individual’s or entity’s intentional use of false statements or 

fraudulent schemes (such as kickbacks) to obtain payment for, or to cause another

individual to obtain payment for, items or services payable under a Federal health care 

program. 

Health Professional Shortage Area Incentive Payment

A 10 percent payment made to physicians (including psychiatrists) who furnish care in 

an area that is designated as a geographic-based, primary medical care Health 

Professional Shortage Area (HPSA) and psychiatrists who furnish care in an area that is 

designated as a geographic-based mental health HPSA for outpatient professional 

services furnished to a Medicare beneficiary. 

I

Incentive Reward Program

A program that encourages the reporting of information regarding individuals or entities 

that commit fraud or abuse and could result in sanctions under any Federal health care 

program.

Incident to Provision

Services and supplies must meet four requirements to be covered under the incident to 

provision: services are commonly furnished in physicians’ offices or clinics; services are 

furnished by the physician or auxiliary personnel under the direct personal supervision 

of a physician; services are commonly furnished without charge or included in the 

physician’s bill; and services or supplies are an integral, although incidental, part of the 

physician’s professional service.

L

Local Coverage Determination

A coverage decision developed by Medicare Contractors at their own discretion to 

further define a National Coverage Determination (NCD) or in the absence of a specific 

NCD to provide guidance to the public and the medical community within a specified 

geographic area. 

M

Medicaid

A cooperative venture funded by Federal and State governments that pays for medical 

assistance for certain individuals and families with low incomes and limited resources.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 82

Medically Necessary

Services or supplies that are proper and needed for the diagnosis or treatment of the 

beneficiary’s medical condition; furnished for the diagnosis, direct care, and treatment of 

the beneficiary’s medical condition; meet the standards of good medical practice; and 

are not mainly for the convenience of the beneficiary, provider, or supplier.

Medicare Administrative Contractor

All Medicare work performed by Fiscal Intermediaries, Carriers, and Durable Medical 

Equipment Carriers will be replaced by these Centers for Medicare & Medicaid Services 

Contractors by 2011, as mandated in Section 911 of the Medicare Prescription Drug, 

Improvement, and Modernization Act of 2003. 

Medicare Advantage; Part C of the Medicare Program

A program through which organizations that contract with the Centers for Medicare & 

Medicaid Services furnish or arrange for the provision of health care services to 

Medicare beneficiaries (with the exception of individuals with End-Stage Renal Disease

who are generally excluded from enrolling in Medicare Advantage [MA] Plans) who are 

entitled to Part A and enrolled in Part B, permanently reside in the service area of the 

MA Plan, and elect to enroll in a MA Plan.

Medicare Economic Index 

A measure of inflation faced by physicians with respect to their practice costs and 

general wage levels. 

Medicare Physician Fee Schedule

The basis for which Medicare Part B pays for physician services. It lists the more than 

7,000 covered services and their payment rates. 

Medicare Summary Notice

Notice that beneficiaries receive on a monthly basis that lists all services or supplies 

that were billed to Medicare.

Medigap

A health insurance policy sold by private insurance companies to fill gaps in Original 

Medicare Plan coverage.

N

National Coverage Determination

A coverage policy that sets forth the extent to which Medicare will cover specific 

services, procedures, or technologies on a national basis.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 83

National Provider Identifier

Unique identification number for health care providers that that is a Health Insurance 

Portability and Accountability Act (HIPAA) Administrative Standard. Covered health care 

providers and all health plans and health care clearinghouses must use this 

identification number in the administrative and financial transactions adopted under 

HIPAA.

O

Office of Inspector General 

Organization that protects the integrity of Department of Health and Human Services 

programs and the health and welfare of beneficiaries of those programs through a 

nationwide network of audits, investigations, inspections, and other mission-related 

functions.

Overpayment

Funds that a provider, supplier, or beneficiary has received in excess of amounts due 

and payable under Medicare statutes and regulations.

P

Part A of the Medicare Program

Hospital insurance that helps pay for inpatient hospital care, inpatient care in a Skilled 

Nursing Facility following a covered hospital stay, some home health care, and hospice 

care.

Part B of the Medicare Program

Medical insurance that helps pay for medically necessary services furnished by 

physicians in a variety of medical settings; home health care for individuals who do not 

have Part A; ambulance services; clinical laboratory and diagnostic services; surgical 

supplies; durable medical equipment, prosthetics, orthotics, and supplies; hospital 

outpatient services; and services furnished by practitioners with limited licensing.

Part C of the Medicare Program; Medicare Advantage

A program through which organizations that contract with the Centers for Medicare & 

Medicaid Services furnish or arrange for the provision of health care services to 

Medicare beneficiaries (with the exception of individuals with End-Stage Renal Disease) 

who are entitled to Part A and enrolled in Part B, permanently reside in the service area 

of the Medicare Advantage (MA) Plan, and elect to enroll in a MA Plan.

Part D of the Medicare Program; Prescription Drug Plan

Plan that provides prescription drug coverage to all beneficiaries who elect to enroll in a 

prescription drug plan or Medicare Advantage Plan that includes Part D.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 84

Participating Provider or Supplier

A provider or supplier who agrees to participate in Part B and accept assignment of 

Medicare benefits for all covered services for all Medicare beneficiaries. 

Physician 

Defined by Medicare to include chiropractors, doctors of dental surgery or dental 

medicine, doctors of medicine and doctors of osteopathy, doctors of optometry, or 

doctors of podiatry or surgical chiropody. In addition, the physician must be legally 

authorized to practice by a State in which he or she performs this function.

Practitioner 

Defined by Medicare as any of the following to the extent that an individual is legally 

authorized to practice by the State and otherwise meets Medicare requirements: 

anesthesiologist assistant, certified nurse midwife, clinical nurse specialist, certified 

registered nurse anesthetist, clinical psychologist, clinical social worker, nurse 

practitioner, physician assistant, or registered dietician or nutrition professional.

Prescription Drug Plan; Part D of the Medicare Program

Plan that provides prescription drug coverage to all beneficiaries who elect to enroll in a 

prescription drug plan or Medicare Advantage Plan that includes Part D.

Program Abuse

In general, may be intentional or unintentional and directly or indirectly results in 

unnecessary or increased costs to the Medicare Program. 

Prospective Payment System 

Method of reimbursement in which Medicare payment is made based on a 

predetermined, fixed amount.

Q

Quality Improvement Organization

Private, mostly not-for-profit organizations that are staffed by professionals who are 

trained to review medical care, help beneficiaries with complaints about quality of care, 

and implement improvements in the quality of care. 

R

Remittance Advice

A notice of payments and adjustments that is sent to the provider, supplier, or biller.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 85

S

Social Security Act (the Act)

Public Law 74-271 that was enacted on August 14, 1935, with subsequent 

amendments. 

Social Security Administration

The Federal agency that determines eligibility for Medicare benefits and enrolls 

individuals in Part A and/or Part B and the Federal Black Lung Benefit Program. 

Swing Bed 

Bed that a small rural hospital can use for either Skilled Nursing Facility or hospital 

acute-level care on an as-needed basis if the hospital has obtained approval from the 

Department of Health and Human Services.

U.S. Department of Health and Human Services 

The Federal department that administers many health and welfare programs for citizens 

of the U.S. and is the parent agency of the Centers for Medicare & Medicaid Services.
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 86

ACRONYMS

AA Anesthesiologist Assistant

ABN Advance Beneficiary Notice

AEP Annual Coordinated Election Period

AIC Amount in Controversy

ALJ Administrative Law Judge

ASC Ambulatory Surgical Center

CAH Critical Access Hospital

CF Conversion Factor 

CFR Code of Federal Regulations

CMN Certificate of Medical Necessity

CMP Civil Monetary Penalties 

CMS Centers for Medicare & Medicaid Services

CNM Certified Nurse Midwife

CNS Certified Nurse Specialist

COB Coordination of Benefits

COBC Coordination of Benefits Contractor

CP Clinical Psychologist

CPI-U Consumer Price Index for All Urban Consumers

CPT Current Procedural Terminology

CRNA Certified Registered Nurse Anesthetist
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 87

CSR Customer Service Representative

CSW Clinical Social Worker

CWF Common Working File

DIF Durable Medical Equipment Medicare Administrative Contractor 

Information Form

DME Durable Medical Equipment

DME MAC Durable Medical Equipment Medicare Administrative Contractor

DMEPOS Durable Medical Equipment, Prosthetics, Orthotics, and Supplies

DOJ Department of Justice

EDI Electronic Data Interchange

EFT Electronic Funds Transfer 

E/M Evaluation and Management

EMC Electronic Media Claims

ESRD End-Stage Renal Disease

FI Fiscal Intermediary

FICA Federal Insurance Contributions Act 

FPL Federal Poverty Level

GHP Group Health Plan

GME Graduate Medical Education

GPCI Geographic Practice Cost Indices

HHS Department of Health and Human Services
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 88

HIC Health Insurance Claim 

HIPAA Health Insurance Portability and Accountability Act

HPSA Health Professional Shortage Area

ICD-9-CM International Classification of Diseases, 9th Edition, Clinical 

Modification

ICD-10-CM/PCS International Classification of Diseases, 10th Edition, Clinical 

Modification/Procedure Coding System

IEP Initial Enrollment Period

IVR Interactive Voice Response

LCD Local Coverage Determination

LEIE List of Excluded Individuals/Entities

MA Medicare Advantage

MAC Medicare Administrative Contractor

MEI Medicare Economic Index

MLN Medicare Learning Network

MPFS Medicare Physician Fee Schedule

MRN Medicare Redetermination Notice

MSA Medical Savings Account

MSN Medicare Summary Notice

MSP Medicare Secondary Payer

NCD National Coverage Determination

NP Nurse Practitioner

NPI National Provider Identifier
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 89

NPP Non-Physician Practitioner

OEP Open Enrollment Period

OIG Office of Inspector General

OT Occupational Therapy

PA Physician Assistant

PACE Program for All-Inclusive Care for the Elderly 

PDP Prescription Drug Plan

PE Practice Expense

PECOS Provider Enrollment, Chain and Ownership System 

PEN Parenteral and Enteral Nutrition

PFFS Private Fee-for-Service

PPO Preferred Provider Organization

PPS Prospective Payment System

PQRI Physician Quality Reporting Initiative

PT Physical Therapy

QC Quarters of Coverage

QDWI Qualified Disabled and Working Individual

QIC Qualified Independent Contractor

QIO Quality Improvement Organization

QMB Qualified Medicare Beneficiary

RA Remittance Advice

RO Regional Offices
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 90

RRB Railroad Retirement Board

RVU Relative Value Unit

SA State Agency

SEP Special Enrollment Period

SGR Sustainable Growth Rate

SHIP State Health Insurance Program

SLP Speech-Language Pathology

SNF Skilled Nursing Facility 

SSA Social Security Administration

SSN Social Security Number

UMWA United Mine Workers of America

WC Workers’ Compensation
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 91

CONTACT INFORMATION

CENTERS FOR MEDICARE & MEDICAID SERVICES

About CMS

http://www.cms.hhs.gov/home/aboutcms.asp

Administrative Simplification Compliance Act Self Assessment

http://www.cms.hhs.gov/ElectronicBillingEDITrans/05_ASCASelfAssessment.asp

All Fee-for-Service Providers

http://www.cms.hhs.gov/center/provider.asp

Ambulance Services Center

http://www.cms.hhs.gov/center/ambulance.asp

Anesthesiologists Center

http://www.cms.hhs.gov/center/anesth.asp

Beneficiary Notices Initiative (Advance Beneficiary Notice)

http://www.cms.hhs.gov/BNI/01_overview.asp

CMS Forms

http://www.cms.hhs.gov/CMSForms/CMSForms/list.asp

Coordination of Benefits – General Information

http://www.cms.hhs.gov/COBGeneralInformation

Documentation Guidelines for E & M Services

http://www.cms.hhs.gov/MLNEdWebGuide/25_EMDOC.asp

Durable Medical Equipment Center

http://www.cms.hhs.gov/center/dme.asp

Electronic Billing & EDI Transactions

http://www.cms.hhs.gov/ElectronicBillingEDITrans

Electronic Billing & EDI Transactions

Administrative Simplification Compliance Act Self Assessment

http://www.cms.hhs.gov/ElectronicBillingEDITrans/05_ASCASelfAssessment.asp
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 92

Electronic Billing & EDI Transactions

Health Care Payment and Remittance Advice

http://www.cms.hhs.gov/ElectronicBillingEDITrans/11_Remittance.asp

HPSA/PSA (Physician Bonuses)

http://www.cms.hhs.gov/HPSAPSAPhysicianBonuses

Health Care Payment and Remittance Advice

http://www.cms.hhs.gov/ElectronicBillingEDITrans/11_Remittance.asp

Health Insurance Portability and Accountability Act – General Information 

http://www.cms.hhs.gov/HIPAAGenInfo 

Health Plans – General Information (Medicare Advantage)

http://www.cms.hhs.gov/HealthPlansGenInfo

Home Health Agency Center

http://www.cms.hhs.gov/center/hha.asp

Hospice Center

http://www.cms.hhs.gov/center/hospice.asp

Hospital Center

http://www.cms.hhs.gov/center/hospital.asp 

ICD-9-CM

http://www.cms.hhs.gov/ICD9ProviderDiagnosticCodes/01_overview.asp

ICD-10-CM/PCS

http://www.cms.hhs.gov/ICD10

Manuals

http://www.cms.hhs.gov/Manuals

Medicaid Program – Contact Information

http://www.cms.hhs.gov/apps/firststep/content/medicaid-contact.html

Medicaid Program – General Information

http://www.cms.hhs.gov/MedicaidGenInfo

Medicare (beneficiaries)

http://www.medicare.gov

(800) 633-4227
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 93

Medicare Contracting Reform

http://www.cms.hhs.gov/MedicareContractingReform

Medicare Coordination of Benefits Contractor

(800) 999-1118

Medicare Coverage Center

http://www.cms.hhs.gov/center/coverage.asp 

Medicare Coverage Database

http://www.cms.hhs.gov/mcd/search.asp

Medicare Coverage Determination Process

http://www.cms.hhs.gov/DeterminationProcess/01_Overview.asp

Medicare Fee-for-Service Provider Enrollment Contact List

http://www.cms.hhs.gov/MedicareProviderSupEnroll/downloads/contact_list.pdf

Medicare Fee-for-Service Provider Listservs

http://www.cms.hhs.gov/prospmedicarefeesvcpmtgen/downloads/Provider_Listservs.pdf

Medicare Learning Network 

http://www.cms.hhs.gov/MLNGenInfo

Medicare Managed Care Appeals & Grievances

http://www.cms.hhs.gov/MMCAG

Medicare Prescription Drug Appeals & Grievances

http://www.cms.hhs.gov/MedPrescriptDrugApplGriev/

Medicare Program – General Information

http://www.cms.hhs.gov/MedicareGenInfo

Medicare Provider-Supplier Enrollment 

http://www.cms.hhs.gov/MedicareProviderSupEnroll

Medicare Summary Notices

http://www.cms.hhs.gov/MSN/01_overview.asp

Medicare Supplement Health Insurance (Medigap)

http://www.cms.hhs.gov/Medigap

National Plan and Provider Enumeration System

https://nppes.cms.hhs.gov
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 94

National Provider Identifier Standard

http://www.cms.hhs.gov/NationalProvIdentStand 

Open Door Forums 

http://www.cms.hhs.gov/OpenDoorForums 

Original Medicare (Fee-for-Service) Appeals

http://www.cms.hhs.gov/OrgMedFFSAppeals

Pharmacist Center

http://www.cms.hhs.gov/center/pharmacist.asp

Physician Center

http://www.cms.hhs.gov/center/physician.asp 

Physician Fee Schedule 

http://www.cms.hhs.gov/PhysicianFeeSched/01_overview.asp

Physician Fee Schedule Look-Up 

http://www.cms.hhs.gov/PFSlookup

Physician Quality Reporting Initiative

http://www.cms.hhs.gov/PQRI

Physicians Regulatory Issues Team

http://www.cms.hhs.gov/PRIT

Practice Administration Center

http://www.cms.hhs.gov/center/practice.asp

Practicing Physicians Advisory Council 

http://www.cms.hhs.gov/FACA/03_ppac.asp

Prescription Drug Coverage – General Information 

http://www.cms.hhs.gov/PrescriptionDrugCovGenIn 

Private Fee-for-Service Plans

http://www.cms.hhs.gov/PrivateFeeforServicePlans

Provider Call Center Toll-Free Numbers Directory 

http://www.cms.hhs.gov/MLNGenInfo/30_contactus.asp 

Newsroom Center 

http://www.cms.hhs.gov/center/press.asp
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 95

Quality Improvement Organizations 

http://www.cms.hhs.gov/QualityImprovementOrgs/01_Overview.asp

Quarterly Provider Updates

http://www.cms.hhs.gov/QuarterlyProviderUpdates

Regulations & Guidance

http://www.cms.hhs.gov/home/regsguidance.asp 

Resident Training Listserv

https://list.nih.gov

State Health Insurance and Assistance Programs

http://www.cms.hhs.gov/Partnerships/10_SHIPS.asp

Survey & Certification – General Information

http://www.cms.hhs.gov/SurveyCertificationGenInfo/03_ContactInformation.asp

Therapy Services

http://www.cms.hhs.gov/TherapyServices

OTHER ORGANIZATIONS

American Medical Association 

Bookstore (Current Procedural Terminology and Healthcare Common Procedure 

Coding System publications)

http://www.amapress.org

(800) 621-8335

American Medical Association 

Current Procedural Terminology Information

http://www.ama-assn.org/ama/pub/physician-resources/solutions-managing-yourpractice/coding-billing-insurance/cpt.shtml

Federal Financial Institutions Examination Council (census tracts)

http://www.ffiec.gov/Geocode/default.aspx

National Uniform Billing Committee

http://www.nubc.org/guide.html

Railroad Medicare Part B Office

(800) 833-4455 
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 96

United Mine Workers of America

Electronic Medical Claims Submission Information

(888) 865-5290 

U.S. Department of Health and Human Services

Administration on Aging

http://www.aoa.gov

U.S. Department of Health and Human Services

Health Resources and Services Administration

http://www.hrsa.gov

U.S. Department of Health and Human Services

Health Resources and Services Administration

Shortage Areas by State and County

http://www.hpsafind.hrsa.gov

U.S. Department of Health and Human Services 

Office of Inspector General

http://www.oig.hhs.gov

U.S. Department of Health and Human Services 

Office of Inspector General

List of Excluded Individuals/Entities

http://www.oig.hhs.gov/fraud/exclusions/exclusions_list.asp

U.S. Department of Health and Human Services 

Office of Inspector General 

National Hotline

(800) 447-8477

U.S. Department of Health and Human Services

Office of Medicare Hearings and Appeals 

http://www.hhs.gov/omha

U.S. Department of Health and Human Services 

Office of Minority Health

Cultural Competency Continuing Education Programs

http://thinkculturalhealth.org

U.S. General Services Administration 

Excluded Parties List System 

http://www.epls.gov
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 97

U.S. Government Printing Office 

Code of Federal Regulations 

http://www.gpoaccess.gov/cfr/index.html

U.S. Government Printing Office 

U.S. Government Bookstore (CMS-1500 claim forms and ICD-9-CM CD-ROM)

http://bookstore.gpo.gov

(866) 512-1800 

U.S. Social Security Administration

http://www.ssa.gov 

(800) 772-1213
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 98

1995 DOCUMENTATION GUIDELINES

FOR EVALUATION & MANAGEMENT SERVICES

I. INTRODUCTION

WHAT IS DOCUMENTATION AND WHY IS IT IMPORTANT?

Medical record documentation is required to record pertinent facts, findings, and 

observations about an individual's health history including past and present illnesses, 

examinations, tests, treatments, and outcomes. The medical record chronologically 

documents the care of the patient and is an important element contributing to high 

quality care. The medical record facilitates:

the ability of the physician and other healthcare professionals to evaluate and 

plan the patient’s immediate treatment, and to monitor his/her healthcare over 

time;

communication and continuity of care among physicians and other healthcare 

professionals involved in the patient's care;

accurate and timely claims review and payment;

appropriate utilization review and quality of care evaluations; and

collection of data that may be useful for research and education.

An appropriately documented medical record can reduce many of the "hassles" 

associated with claims processing and may serve as a legal document to verify the care 

provided, if necessary.

WHAT DO PAYERS WANT AND WHY?

Because payers have a contractual obligation to enrollees, they may require reasonable 

documentation that services are consistent with the insurance coverage provided. They 

may request information to validate:

the site of service;

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 99

the medical necessity and appropriateness of the diagnostic and/or therapeutic 

services provided; and/or

that services provided have been accurately reported.

II. GENERAL PRINCIPLES OF MEDICAL RECORD DOCUMENTATION

The principles of documentation listed below are applicable to all types of medical and 

surgical services in all settings. For Evaluation and Management (E/M) services, the 

nature and amount of physician work and documentation varies by type of service, 

place of service and the patient's status. The general principles listed below may be 

modified to account for these variable circumstances in providing E/M services.

1. The medical record should be complete and legible.

2. The documentation of each patient encounter should include:

reason for the encounter and relevant history, physical examination findings, 

and prior diagnostic test results;

assessment, clinical impression, or diagnosis;

plan for care; and

date and legible identity of the observer.

3. If not documented, the rationale for ordering diagnostic and other ancillary 

services should be easily inferred.

4. Past and present diagnoses should be accessible to the treating and/or 

consulting physician.

5. Appropriate health risk factors should be identified.

6. The patient's progress, response to and changes in treatment, and revision of 

diagnosis should be documented.

7. The CPT and ICD-9-CM codes reported on the health insurance claim form or 

billing statement should be supported by the documentation in the medical record.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 100

II. DOCUMENTATION OF E/M SERVICES

This publication provides definitions and documentation guidelines for the three key 

components of E/M services and for visits which consist predominately of counseling or 

coordination of care. The three key components--history, examination, and medical 

decision making--appear in the descriptors for office and other outpatient services, 

hospital observation services, hospital inpatient services, consultations, emergency 

department services, nursing facility services, domiciliary care services, and home 

services. While some of the text of CPT has been repeated in this publication, the 

reader should refer to CPT for the complete descriptors for E/M services and 

instructions for selecting a level of service. Documentation guidelines are identified 

by the symbol • DG.

The descriptors for the levels of E/M services recognize seven components which are 

used in defining the levels of E/M services. These components are:

history;

examination;

medical decision making;

counseling;

coordination of care;

nature of presenting problem; and

time.

The first three of these components (i.e., history, examination and medical decision 

making) are the key components in selecting the level of E/M services. An exception to 

this rule is the case of visits which consist predominantly of counseling or coordination 

of care; for these services time is the key or controlling factor to qualify for a particular 

level of E/M service. 

For certain groups of patients, the recorded information may vary slightly from that 

described here. Specifically, the medical records of infants, children, adolescents and 

pregnant women may have additional or modified information recorded in each history 

and examination area.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 101

As an example, newborn records may include under history of the present illness (HPI) 

the details of mother’s pregnancy and the infant's status at birth; social history will focus 

on family structure; family history will focus on congenital anomalies and hereditary 

disorders in the family. In addition, information on growth and development and/or 

nutrition will be recorded. Although not specifically defined in these documentation 

guidelines, these patient group variations on history and examination are appropriate.

A. DOCUMENTATION OF HISTORY

The levels of E/M services are based on four types of history (Problem Focused, 

Expanded Problem Focused, Detailed, and Comprehensive). Each type of history 

includes some or all of the following elements:

Chief complaint (CC);

History of present illness (HPI);

Review of systems (ROS); and

Past, family and/or social history (PFSH).

The extent of history of present illness, review of systems, and past, family and/or social 

history that is obtained and documented is dependent upon clinical judgment and the 

nature of the presenting problem(s).

The chart below shows the progression of the elements required for each type of 

history. To qualify for a given type of history, all three elements in the table must be 

met. (A chief complaint is indicated at all levels.)

History of 

Present Illness 

(HPI)

Review of Systems 

(ROS)

Past, Family, 

and/or Social 

History (PFSH)

Type of History

Brief N/A N/A Problem 

Focused

Brief Problem Pertinent N/A Expanded 

Problem 

Focused

Extended Extended Pertinent Detailed

Extended Complete Complete Comprehensive

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 102

DG: The CC, ROS and PFSH may be listed as separate elements of history, or 

they may be included in the description of the history of the present illness.

DG: A ROS and/or a PFSH obtained during an earlier encounter does not need 

to be re-recorded if there is evidence that the physician reviewed and updated 

the previous information. This may occur when a physician updates his/her own 

record or in an institutional setting or group practice where many physicians use 

a common record. The review and update may be documented by:

o describing any new ROS and/or PFSH information or noting there has been 

no change in the information; and

o noting the date and location of the earlier ROS and/or PFSH.

DG: The ROS and/or PFSH may be recorded by ancillary staff or on a form 

completed by the patient. To document that the physician reviewed the 

information, there must be a notation supplementing or confirming the 

information recorded by others.

DG: If the physician is unable to obtain a history from the patient or other source, 

the record should describe the patient's condition or other circumstance which 

precludes obtaining a history.

Definitions and specific documentation guidelines for each of the elements of history are 

listed below.

CHIEF COMPLAINT (CC)

The CC is a concise statement describing the symptom, problem, condition, diagnosis, 

physician recommended return, or other factor that is the reason for the encounter.

DG: The medical record should clearly reflect the chief complaint.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 103

HISTORY OF PRESENT ILLNESS (HPI)

The HPI is a chronological description of the development of the patient's present illness 

from the first sign and/or symptom or from the previous encounter to the present. It 

includes the following elements:

location;

quality;

severity;

duration;

timing;

context;

modifying factors; and

associated signs and symptoms.

Brief and extended HPIs are distinguished by the amount of detail needed to 

accurately characterize the clinical problem(s).

A brief HPI consists of one to three elements of the HPI.

DG: The medical record should describe one to three elements of the present 

illness (HPI).

An extended HPI consists of four or more elements of the HPI.

DG: The medical record should describe four or more elements of the present 

illness (HPI) or associated comorbidities.

REVIEW OF SYSTEMS (ROS)

A ROS is an inventory of body systems obtained through a series of questions seeking 

to identify signs and/or symptoms which the patient may be experiencing or has 

experienced.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 104

For purposes of ROS, the following systems are recognized:

Constitutional symptoms (e.g., fever, weight loss)

Eyes

Ears, Nose, Mouth, Throat

Cardiovascular

Respiratory

Gastrointestinal

Genitourinary

Musculoskeletal

Integumentary (skin and/or breast)

Neurological

Psychiatric

Endocrine

Hematologic/Lymphatic

Allergic/Immunologic

A problem pertinent ROS inquires about the system directly related to the problem(s) 

identified in the HPI.

DG: The patient's positive responses and pertinent negatives for the system 

related to the problem should be documented.

An extended ROS inquires about the system directly related to the problem(s) identified 

in the HPI and a limited number of additional systems.

DG: The patient's positive responses and pertinent negatives for two to nine 

systems should be documented.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 105

A complete ROS inquires about the system(s) directly related to the problem(s) 

identified in the HPI plus all additional body systems.

DG: At least ten organ systems must be reviewed. Those systems with positive 

or pertinent negative responses must be individually documented. For the 

remaining systems, a notation indicating all other systems are negative is 

permissible. In the absence of such a notation, at least ten systems must be 

individually documented.

PAST, FAMILY, AND/OR SOCIAL HISTORY (PFSH)

The PFSH consists of a review of three areas:

past history (the patient's past experiences with illnesses, operations, injuries and 

treatments);

family history (a review of medical events in the patient's family, including 

diseases which may be hereditary or place the patient at risk); and

social history (an age appropriate review of past and current activities).

For the categories of subsequent hospital care, follow-up inpatient consultations and 

subsequent nursing facility care, CPT requires only an "interval" history. It is not 

necessary to record information about the PFSH.

A pertinent PFSH is a review of the history area(s) directly related to the problem(s) 

identified in the HPI.

DG: At least one specific item from any of the three history areas must be 

documented for a pertinent PFSH.

A complete PFSH is of a review of two or all three of the PFSH history areas, 

depending on the category of the E/M service. A review of all three history areas is 

required for services that by their nature include a comprehensive assessment or 

reassessment of the patient. A review of two of the three history areas is sufficient for 

other services.

DG: At least one specific item from two of the three history areas must be 

documented for a complete PFSH for the following categories of E/M services: 

office or other outpatient services, established patient; emergency department; 

subsequent nursing facility care; domiciliary care, established patient; and home 

care, established patient.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 106

DG: At least one specific item from each of the three history areas must be 

documented for a complete PFSH for the following categories of E/M services: 

office or other outpatient services, new patient; hospital observation services; 

hospital inpatient services, initial care; consultations; comprehensive nursing 

facility assessments; domiciliary care, new patient; and homecare, new patient.

B. DOCUMENTATION OF EXAMINATION

The levels of E/M services are based on four types of examination that are defined as 

follows:

Problem Focused -- a limited examination of the affected body area or organ 

system.

Expanded Problem Focused -- a limited examination of the affected body area 

or organ system and other symptomatic or related organ system(s).

Detailed -- an extended examination of the affected body area(s) and other 

symptomatic or related organ system(s).

Comprehensive -- a general multi-system examination or complete examination 

of a single organ system.

For purposes of examination, the following body areas are recognized:

Head, including the face

Neck

Chest, including breasts and axillae

Abdomen

Genitalia, groin, buttocks

Back, including spine

Each extremity

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 107

For purposes of examination, the following organ systems are recognized:

Constitutional (e.g., vital signs, general appearance)

Eyes

Ears, nose, mouth, and throat

Cardiovascular

Respiratory

Gastrointestinal

Genitourinary

Musculoskeletal

Skin

Neurologic

Psychiatric

Hematologic/lymphatic/immunologic

The extent of examinations performed and documented is dependent upon clinical 

judgment and the nature of the presenting problem(s). They range from limited 

examinations of single body areas to general multi-system or complete single organ 

system examinations.

DG: Specific abnormal and relevant negative findings of the examination of the 

affected or symptomatic body area(s) or organ system(s) should be documented. 

A notation of "abnormal” without elaboration is insufficient.

DG: Abnormal or unexpected findings of the examination of the unaffected or 

asymptomatic body area(s) or organ system(s) should be described.

DG: A brief statement or notation indicating "negative" or "normal" is sufficient to 

document normal findings related to unaffected area(s) or asymptomatic organ 

system(s).

DG: The medical record for a general multi-system examination should include 

findings about 8 or more of the 12 organ systems.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 108

C. DOCUMENTATION OF THE COMPLEXITY OF MEDICAL DECISION MAKING

The levels of E/M services recognize four types of medical decision making (straightforward, low complexity, moderate complexity, and high complexity). Medical decision 

making refers to the complexity of establishing a diagnosis and/or selecting a 

management option as measured by:

the number of possible diagnoses and/or the number of management options 

that must be considered;

the amount and/or complexity of medical records, diagnostic tests, and/or other 

information that must be obtained, reviewed, and analyzed; and

the risk of significant complications, morbidity, and/or mortality, as well as 

comorbidities associated with the patient's presenting problem(s), the diagnostic 

procedure(s) and/or the possible management options.

The chart below shows the progression of the elements required for each level of 

medical decision making. To qualify for a given type of decision making, two of the 

three elements in the table must be either met or exceeded.

Number of 

diagnoses or 

management 

options

Amount and/or 

complexity of data 

to be reviewed

Risk of 

complications 

and/or morbidity 

or mortality

Type of 

decision making

Minimal Minimal or None Minimal Straightforward

Limited Limited Low Low Complexity

Multiple Moderate Moderate Moderate 

Complexity

Extensive Extensive High High 

Complexity

Each of the elements of medical decision making is described on the following page.

NUMBER OF DIAGNOSES OR MANAGEMENT OPTIONS

The number of possible diagnoses and/or the number of management options that must 

be considered is based on the number and types of problems addressed during the 

encounter, the complexity of establishing a diagnosis and the management decisions 

that are made by the physician. 

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 109

Generally, decision making with respect to a diagnosed problem is easier than that for 

an identified but undiagnosed problem. The number and type of diagnostic tests

employed may be an indicator of the number of possible diagnoses. Problems which 

are improving or resolving are less complex than those which are worsening or failing to 

change as expected. The need to seek advice from others is another indicator of 

complexity of diagnostic or management problems.

DG: For each encounter, an assessment, clinical impression, or diagnosis should 

be documented. It may be explicitly stated or implied in documented decisions 

regarding management plans and/or further evaluation.

For a presenting problem with an established diagnosis the record should 

reflect whether the problem is: a) improved, well controlled, resolving or 

resolved; or, b) inadequately controlled, worsening, or failing to change as 

expected.

For a presenting problem without an established diagnosis, the assessment 

or clinical impression may be stated in the form of a differential diagnoses or 

as "possible,” "probable,” or "rule out” (R/O) diagnoses.

DG: The initiation of, or changes in, treatment should be documented. Treatment 

includes a wide range of management options including patient instructions, 

nursing instructions, therapies, and medications.

DG: If referrals are made, consultations requested or advice sought, the record 

should indicate to whom or where the referral or consultation is made or from 

whom the advice is requested.

AMOUNT AND/OR COMPLEXITY OF DATA TO BE REVIEWED

The amount and complexity of data to be reviewed is based on the types of diagnostic 

testing ordered or reviewed. A decision to obtain and review old medical records and/or 

obtain history from sources other than the patient increases the amount and complexity 

of data to be reviewed. 

Discussion of contradictory or unexpected test results with the physician who performed 

or interpreted the test is an indication of the complexity of data being reviewed. On

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 110

occasion the physician who ordered a test may personally review the image, tracing or 

specimen to supplement information from the physician who 

prepared the test report or interpretation; this is another indication of the complexity of 

data being reviewed.

DG: If a diagnostic service (test or procedure) is ordered, planned, scheduled, or 

performed at the time of the E/M encounter, the type of service, eg, lab or x-ray, 

should be documented.

DG: The review of lab, radiology and/or other diagnostic tests should be 

documented. An entry in a progress note such as "WBC elevated" or "chest xray unremarkable" is acceptable. Alternatively, the review may be documented 

by initialing and dating the report containing the test results.

DG: A decision to obtain old records or decision to obtain additional history from 

the family, caretaker or other source to supplement that obtained from the patient 

should be documented.

DG: Relevant finding from the review of old records, and/or the receipt of 

additional history from the family, caretaker or other source should be 

documented. If there is no relevant information beyond that already obtained, 

that fact should be documented. A notation of "Old records reviewed” or 

"additional history obtained from family” without elaboration is insufficient.

DG: The results of discussion of laboratory, radiology or other diagnostic tests 

with the physician who performed or interpreted the study should be 

documented.

DG: The direct visualization and independent interpretation of an image, tracing, 

or specimen previously or subsequently interpreted by another physician should 

be documented.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 111

RISK OF SIGNIFICANT COMPLICATIONS, MORBIDITY, AND/OR MORTALITY

The risk of significant complications, morbidity, and/or mortality is based on the risks 

associated with the presenting problem(s), the diagnostic procedure(s), and the 

possible management options.

DG: Comorbidities/underlying diseases or other factors that increase the 

complexity of medical decision making by increasing the risk of complications, 

morbidity, and/or mortality should be documented.

DG: If a surgical or invasive diagnostic procedure is ordered, planned, or 

scheduled at the time of the E/M encounter, the type of procedure eg, 

laparoscopy, should be documented.

DG: If a surgical or invasive diagnostic procedure is performed at the time of the 

E/M encounter, the specific procedure should be documented.

DG: The referral for or decision to perform a surgical or invasive diagnostic 

procedure on an urgent basis should be documented or implied.

The following table may be used to help determine whether the risk of significant 

complications, morbidity, and/or mortality is minimal, low, moderate, or high. Because 

the determination of risk is complex and not readily quantifiable, the table includes 

common clinical examples rather than absolute measures of risk. The assessment of 

risk of the presenting problem(s) is based on the risk related to the disease process 

anticipated between the present encounter and the next one. The assessment of risk of 

selecting diagnostic procedures and management options is based on the risk during 

and immediately following any procedures or treatment. The highest level of risk in any 

one category (presenting problem(s), diagnostic procedure(s), or management options) 

determines the overall risk.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 112

Table of Risk

Level of Risk Presenting Problem(s) Diagnostic Procedure(s) Ordered Management Options Selected 

Minimal 

One self-limited or minor 

problem, eg, cold, insect bite, 

tinea corporis 

Laboratory tests requiring 

venipuncture 

Chest x-rays 

EKG/EEG 

Urinalysis

Ultrasound, eg, 

echocardiography 

KOH prep 

Rest

Gargles 

Elastic bandages

Superficial dressings 

Low 

Two or more self-limited or 

minor problems 

One stable chronic illness, eg, 

well controlled hypertension, 

non-insulin dependent 

diabetes, cataract, BPH

Acute uncomplicated illness or 

injury, eg, cystitis, allergic 

rhinitis, simple sprain 

Physiologic tests not under 

stress, eg, pulmonary function 

tests

Non-cardiovascular imaging 

studies with contrast, eg, barium 

enema

Superficial needle biopsies 

Clinical laboratory tests requiring 

arterial puncture 

Skin biopsies

Over-the-counter drugs 

Minor surgery with no identified 

risk factors

Physical therapy 

Occupational therapy 

IV fluids without additives 

Moderate 

One or more chronic illnesses 

with mild exacerbation, 

progression, or side effects of 

treatment 

Two or more stable chronic 

illnesses 

Undiagnosed new problem with 

uncertain prognosis, eg, lump 

in breast 

Acute illness with systemic 

symptoms, eg, pyelonephritis, 

pneumonitis, colitis 

Acute complicated injury, eg, 

head injury with brief loss of 

consciousness 

Physiologic tests under stress, 

eg, cardiac stress test, fetal 

contraction stress test 

Diagnostic endoscopies with no 

identified risk factors 

Deep needle or incisional biopsy 

Cardiovascular imaging studies 

with contrast and no identified 

risk factors, eg, arteriogram,

cardiac catheterization 

Obtain fluid from body cavity, eg 

lumbar puncture, thoracentesis, 

culdocentesis 

Minor surgery with identified 

risk factors 

Elective major surgery (open, 

percutaneous or endoscopic) 

with no identified risk factors 

Prescription drug management 

Therapeutic nuclear medicine 

IV fluids with additives 

Closed treatment of fracture or 

dislocation without 

manipulation 

High 

One or more chronic illnesses 

with severe exacerbation, 

progression, or side effects of 

treatment 

Acute or chronic illnesses or 

injuries that pose a threat to life 

or bodily function, eg, multiple 

trauma, acute MI, pulmonary 

embolus, severe respiratory 

distress, progressive severe 

rheumatoid arthritis, psychiatric 

illness with potential threat to 

self or others, peritonitis, acute 

renal failure 

An abrupt change in neurologic 

status, eg, seizure, TIA, 

weakness, sensory loss 

Cardiovascular imaging studies 

with contrast with identified risk 

factors 

Cardiac electrophysiological tests 

Diagnostic Endoscopies with 

identified risk factors 

Discography 

Elective major surgery (open, 

percutaneous or endoscopic) 

with identified risk factors 

Emergency major surgery 

(open, percutaneous or 

endoscopic) 

Parenteral controlled 

substances 

Drug therapy requiring 

intensive monitoring for toxicity 

Decision not to resuscitate or 

to de-escalate care because of 

poor prognosis 

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 113

D. DOCUMENTATION OF AN ENCOUNTER DOMINATED BY COUNSELING OR 

COORDINATION OF CARE

In the case where counseling and/or coordination of care dominates (more than 50%) of 

the physician/patient and/or family encounter (face-to-face time in the office or other 

outpatient setting or floor/unit time in the hospital or nursing facility), time is considered 

the key or controlling factor to qualify for a particular level of E/M services.

DG: If the physician elects to report the level of service based on counseling 

and/or coordination of care, the total length of time of the encounter (face-to-face 

or floor time, as appropriate) should be documented and the record should 

describe the counseling and/or activities to coordinate care.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 114

1997 DOCUMENTATION GUIDELINES FOR

EVALUATION & MANAGEMENT SERVICES

TABLE OF CONTENTS

Introduction ..........................................................................................................2

What Is Documentation and Why Is it Important?......................................2

What Do Payers Want and Why? ................................................................ 2

General Principles of Medical Record Documentation ..................................... 3

Documentation of E/M Services........................................................................... 4

Documentation of History .................................................................................... 5

Chief Complaint (CC) ..................................................................................... 6

History of Present Illness (HPI) .....................................................................7

Review of Systems (ROS) ..............................................................................8

Past, Family and/or Social History (PFSH) ...................................................9

Documentation of Examination ........................................................................... 10

General Multi-System Examinations ............................................................ 11

Single Organ System Examinations ............................................................ 12

Content and Documentation Requirements ................................................ 13

 General Multi-System Examination ........................................................ 13

 Cardiovascular Examination .................................................................18

 Ear, Nose and Throat Examination .......................................................20

 Eye Examination .................................................................................... 23

 Genitourinary Examination ................................................................... 25

 Hematologic/Lymphatic/Immunologic Examination ...........................29

 Musculoskeletal Examination ............................................................... 31

 Neurological Examination ..................................................................... 34

 Psychiatric Examination ........................................................................37

 Respiratory Examination .......................................................................39

 Skin Examination ................................................................................... 41
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 115

Documentation of the Complexity of Medical Decision Making .......................43

Number of Diagnoses or Management Options .......................................... 44

Amount and/or Complexity of Data to Be Reviewed .................................. 45

Risk of Significant Complications, Morbidity, and/or Mortality ................ 46

Table of Risk ................................................................................................... 47

Documentation of an Encounter Dominated by Counseling or Coordination 

of Care ..................................................................................................48
Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 116

I. INTRODUCTION

WHAT IS DOCUMENTATION AND WHY IS IT IMPORTANT?

Medical record documentation is required to record pertinent facts, findings, and 

observations about an individual’s health history including past and present 

illnesses, examinations, tests, treatments, and outcomes. The medical record 

chronologically documents the care of the patient and is an important element 

contributing to high quality care. The medical record facilitates:

the ability of the physician and other healthcare professionals to evaluate 

and plan the patient’s immediate treatment, and to monitor his/her 

healthcare over time.

communication and continuity of care among physicians and other 

healthcare professionals involved in the patient’s care;

accurate and timely claims review and payment;

appropriate utilization review and quality of care evaluations; and

collection of data that may be useful for research and education.

An appropriately documented medical record can reduce many of the hassles 

associated with claims processing and may serve as a legal document to verify 

the care provided, if necessary.

WHAT DO PAYERS WANT AND WHY?

Because payers have a contractual obligation to enrollees, they may require 

reasonable documentation that services are consistent with the insurance 

coverage provided. They may request information to validate:

the site of service;

the medical necessity and appropriateness of the diagnostic and/or 

therapeutic services provided; and/or

that services provided have been accurately reported.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 117

II. GENERAL PRINCIPLES OF MEDICAL RECORD DOCUMENTATION

The principles of documentation listed below are applicable to all types of 

medical and surgical services in all settings. For Evaluation and Management 

(E/M) services, the nature and amount of physician work and documentation 

varies by type of service, place of service and the patient’s status. The general 

principles listed below may be modified to account for these variable 

circumstances in providing E/M services.

1. The medical record should be complete and legible.

2. The documentation of each patient encounter should include:

reason for encounter and relevant history, physical examination 

findings, and prior diagnostic test results;

assessment, clinical impression, or diagnosis;

plan for care; and

date and legible identity of the observer.

3. If not documented, the rationale for ordering diagnostic and other ancillary 

services should be easily inferred.

4. Past and present diagnoses should be accessible to the treating and/or 

consulting physician.

5. Appropriate health risk factors should be identified.

6. The patient’s progress, response to and changes in treatment, and revision 

of diagnosis should be documented.

7. The CPT and ICD-9-CM codes reported on the health insurance claim 

form should be supported by the documentation in the medical 

record.

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 118

III. DOCUMENTATION OF E/M SERVICES

This publication provides definitions and documentation guidelines for the three 

key components of E/M services and for visits which consist predominately of 

counseling or coordination of care. The three key components--history, 

examination, and medical decision making--appear in the descriptors for office 

and other outpatient services, hospital observation services, hospital inpatient 

services, consultations, emergency department services, nursing facility 

services, domiciliary care services, and home services. While some of the text of 

CPT has been repeated in this publication, the reader should refer to CPT for the 

complete descriptors for E/M services and instructions for selecting a level of 

service. Documentation guidelines are identified by the symbol • DG. 

The descriptors for the levels of E/M services recognize seven components which 

are used in defining the levels of E/M services. These components are: 

history; 

examination; 

medical decision making; 

counseling; 

coordination of care; 

nature of presenting problem; and 

time. 

The first three of these components (i.e., history, examination and medical 

decision making) are the key components in selecting the level of E/M services. In 

the case of visits which consist predominantly of counseling or coordination of 

care, time is the key or controlling factor to qualify for a particular level of E/M 

service. 

Because the level of E/M service is dependent on two or three key components, 

performance and documentation of one component (eg, examination) at the 

highest level does not necessarily mean that the encounter in its entirety qualifies 

for the highest level of E/M service. 

These Documentation Guidelines for E/M services reflect the needs of the typical 

adult population. For certain groups of patients, the recorded information may 

vary slightly from that described here. Specifically, the medical records of infants, 

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 119

children, adolescents and pregnant women may have additional or modified 

information recorded in each history and examination area. 

As an example, newborn records may include under history of the present illness 

(HPI) the details of mother's pregnancy and the infant's status at birth; social 

history will focus on family structure; family history will focus on congenital 

anomalies and hereditary disorders in the family. In addition, the content of a 

pediatric examination will vary with the age and development of the child. 

Although not specifically defined in these documentation guidelines, these 

patient group variations on history and examination are appropriate.

A. DOCUMENTATION OF HISTORY

The levels of E/M services are based on four levels of history (Problem Focused, 

Expanded Problem Focused, Detailed, and Comprehensive). Each type of history 

includes some or all of the following elements:

Chief complaint (CC)

History of present illness (HPI)

Review of systems (ROS) and

Past, family, and/or social history (PFSH).

The extent of the history of present illness, review of systems, and past, family 

and/or social history that is obtained and documented is dependent upon clinical 

judgment and the nature of the presenting problem(s).

The chart below shows the progression of the elements required for each type of 

history. To qualify for a given type of history all three elements in the table must 

be met. (A chief complaint is indicated at all levels.)

History of Present 

Illness (HPI) 

Review of Systems 

(ROS) 

Past, Family, and/or 

Social History (PFSH) 

Type of History 

Brief N/A N/A Problem Focused 

Brief Problem Problem Pertinent N/A Focused Expanded 

Problem 

Extended Extended Pertinent Detailed 

Extended Complete Complete Comprehensive 

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DG: The CC, ROS and PFSH may be listed as separate elements of history, 

or they may be included in the description of the history of the present 

illness.

DG: A ROS and/or a PFSH obtained during an earlier encounter does not 

need to be re-recorded if there is evidence that the physician reviewed and 

updated the previous information. This may occur when a physician 

updates his/her own record or in an institutional setting or group practice 

where many physicians use a common record. The review and update may 

be documented by:

describing any new ROS and/or PFSH information or noting there has 

been no change in the information; and

noting the date and location of the earlier ROS and/or PFSH.

DG: The ROS and/or PFSH may be recorded by ancillary staff or on a form 

completed by the patient. To document that the physician reviewed the 

information, there must be a notation supplementing or confirming the 

information recorded by others.

DG: If the physician is unable to obtain a history from the patient or other 

source, the record should describe the patient’s condition or other 

circumstance that precludes obtaining a history.

Definitions and specific documentation guidelines for each of the elements of 

history are listed below.

CHIEF COMPLAINT (CC)

The CC is a concise statement describing the symptom, problem, condition, 

diagnosis, physician recommended return, or other factor that is the reason for 

the encounter, usually stated in the patient’s own words.

DG: The medical record should clearly reflect the chief complaint.

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HISTORY OF PRESENT ILLNESS (HPI)

The HPI is a chronological description of the development of the patient’s present 

illness from the first sign and/or symptom or from the previous encounter to the 

present. It includes the following elements: 

location ,

quality ,

severity, 

duration, 

timing,

context ,

modifying factors, and

associated signs and symptoms.

Brief and extended HPIs are distinguished by the amount of detail needed to 

accurately characterize the clinical problem(s). 

A brief HPI consists of one to three elements of the HPI.

DG: The medical record should describe one to three elements of the 

present illness (HPI).

An extended HPI consists of at least four elements of the HPI or the status of at 

least three chronic or inactive conditions.

DG: The medical record should describe at least four elements of the 

present illness (HPI), or the status of at least three chronic or inactive 

conditions.

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REVIEW OF SYSTEMS (ROS)

A ROS is an inventory of body systems obtained through a series of questions 

seeking to identify signs and/or symptoms that the patient may be experiencing 

or has experienced. 

For purposes of ROS, the following systems are recognized:

Constitutional Symptoms (eg, fever, weight loss)

Eyes

Ears, Nose, Mouth, and Throat

Cardiovascular

Respiratory

Gastrointestinal

Genitourinary

Musculoskeletal

Integumentary (skin and/or breast)

Neurological

Psychiatric

Endocrine

Hematologic/Lymphatic

Allergic/Immunologic

A problem pertinent ROS inquires about the system directly related to the 

problem(s) identified in the HPI.

DG: The patient’s positive responses and pertinent negatives for the 

system related to the problem should be documented.

An extended ROS inquires about the system directly related to the problem(s) 

identified in the HPI and a limited number of additional systems.

DG: The patient’s positive responses and pertinent negatives for two to 

nine systems should be documented.

A complete ROS inquires about the system(s) directly related to the problem(s) 

identified in the HPI, plus all additional body systems.

DG: At least ten organ systems must be reviewed. Those systems with 

positive or pertinent negative responses must be individually documented. 

For the remaining systems, a notation indicating all other systems are 

negative is permissible. In the absence of such a notation, at least ten 

systems must be individually documented.

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PAST, FAMILY, AND/OR SOCIAL HISTORY (PFSH)

The PFSH consists of a review of three areas:

past history (the patient’s past experiences with illnesses, operations, 

injuries and treatments);

family history (a review of medical events in the patient’s family, including 

diseases which maybe hereditary or place the patient at risk); and

social history (an age appropriate review of past and current activities).

For certain categories of E/M services that include only an interval history, it is 

not necessary to record information about the PFSH. Those categories are 

subsequent hospital care, follow-up inpatient consultations and subsequent 

nursing facility care.

A pertinent PFSH is a review of the history area(s) directly related to the 

problem(s) identified in the HPI.

DG: At least one specific item from any of the three history areas must be 

documented for a pertinent PFSH.

A complete PFSH is a review of two or all three of the PFSH history areas, 

depending on the category of the E/M service. A review of all three history areas 

is required for services that by their nature include a comprehensive assessment 

or reassessment of the patient. A review of two of the three history areas is 

sufficient for other services.

DG: At least one specific item from two of the three history areas must be 

documented for a complete PFSH for the following categories of E/M 

services: office or other outpatient services, established patient; 

emergency department; domiciliary care, established patient; and home 

care, established patient.

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DG: At least one specific item from each of the three history areas must be 

documented for a complete PFSH for the following categories of E/M 

services: office or other outpatient services, new patient; hospital 

observation services; hospital inpatient services, initial care; 

consultations; comprehensive nursing facility assessments; domiciliary 

care, new patient; home care, new patient.

B. DOCUMENTATION OF EXAMINATION

The levels of E/M services are based on four types of examination:

Problem Focused – a limited examination of the affected body area or 

organ system.

Expanded Problem Focused – a limited examination of the affected body 

area or organ system and any other symptomatic or related body area(s) or 

organ system(s).

Detailed – an extended examination of the affected body area(s) or organ 

system(s) and any other symptomatic or related body area(s) or organ 

system(s).

Comprehensive – a general multi-system examination, or complete 

examination of a single organ system and other symptomatic or related 

body area(s) or organ system(s).

These types of examinations have been defined for general multi-system and the 

following single organ systems:

Cardiovascular

Ears, Nose, Mouth, and Throat

Eyes

Genitourinary (Female)

Genitourinary (Male)

Hematologic/Lymphatic/Immunologic

Musculoskeletal

Neurological

Psychiatric

Respiratory

Skin

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A general multi-system examination or a single organ system examination may 

be performed by any physician, regardless of specialty. The type (general multisystem or single organ system) and content of examination are selected by the 

examining physician and are based upon clinical judgment, the patient’s history, 

and the nature of the presenting problem(s).

The content and documentation requirements for each type and level of 

examination are summarized below and described in detail in tables beginning on 

page 13. In the tables, organ systems and body areas recognized by CPT for 

purposes of describing examinations are shown in the left column. The content, 

or individual elements, of the examination pertaining to that body area or organ 

system are identified by bullets (•) in the right column.

Parenthetical examples “(eg,...)”, have been used for clarification and to provide 

guidance regarding documentation. Documentation for each element must 

satisfy any numeric requirements (such as “Measurement of any three of the 

following seven...”) included in the description of the element. Elements with 

multiple components but with no specific numeric requirement (such as 

“Examination of liver and spleen”) require documentation of at least one 

component. It is possible for a given examination to be expanded beyond what is 

defined here. When that occurs, findings related to the additional systems and/or 

areas should be documented.

DG: Specific abnormal and relevant negative findings of the examination of 

the affected or symptomatic body area(s) or organ system(s) should be 

documented. A notation of “abnormal” without elaboration is insufficient.

DG: Abnormal or unexpected findings of the examination of any 

asymptomatic body area(s) or organ system(s) should be described.

DG: A brief statement or notation indicating “negative” or “normal” is 

sufficient to document normal findings related to unaffected area(s) or 

asymptomatic organ system(s).

GENERAL MULTI-SYSTEM EXAMINATIONS

General multi-system examinations are described in detail beginning on page 13. 

To qualify for a given level of multi-system examination, the following content 

and documentation requirements should be met:

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Problem Focused Examination – should include performance and 

documentation of one to five elements identified by a bullet (•) in one or 

more organ system(s) or body area(s).

Expanded Problem Focused Examination – should include performance 

and documentation of at least six elements identified by a bullet (•) in one 

or more organ system(s) or body area(s).

Detailed Examination – should include at least six organ systems or body 

areas. For each system/area selected, performance and documentation of 

at least two elements identified by a bullet (•) is expected. Alternatively, a 

detailed examination may include performance and documentation of at 

least twelve elements identified by a bullet (•) in two or more organ systems 

or body areas.

Comprehensive Examination – should include at least nine organ systems 

or body areas. For each system/area selected, all elements of the 

examination identified by a bullet (•) should be performed, unless specific 

directions limit the content of the examination. For each area/system, 

documentation of at least two elements identified by a bullet is expected.

SINGLE ORGAN SYSTEM EXAMINATIONS

The single organ system examinations recognized by CPT are described in detail 

beginning on page 18. Variations among these examinations in the organ 

systems and body areas identified in the left columns and in the elements of the 

examinations described in the right columns reflect differing emphases among 

specialties. To qualify for a given level of single organ system examination, the 

following content and documentation requirements should be met:

Problem Focused Examination – should include performance and 

documentation of one to five elements identified by a bullet (•), whether in a 

box with a shaded or unshaded border.

Expanded Problem Focused Examination – should include performance 

and documentation of at least six elements identified by a bullet (•), 

whether in a box with a shaded or unshaded border.

Detailed Examination – examinations other than the eye and psychiatric 

examinations should include performance and documentation of at least 

twelve elements identified by a bullet (•), whether in a box with a shaded or 

unshaded border.

Eye and psychiatric examinations should include the performance 

and documentation of at least nine elements identified by a bullet (•), 

whether in a box with a shaded or unshaded border.

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Comprehensive Examination – should include performance of all elements 

identified by a bullet (•), whether in a shaded or unshaded box. 

Documentation of every element in each box with a shaded border and at 

least one element in a box with an unshaded border is expected.

CONTENT AND DOCUMENTATION REQUIREMENTS 

General Multi-System Examination 

System/Body 

Area 

Elements of Examination 

Constitutional Measurement of any three of the following seven vital signs: 1) sitting or 

 standing blood pressure, 2) supine blood pressure, 3) pulse rate and 

 regularity, 4) respiration, 5) temperature, 6) height, 7) weight (May be 

 measured and recorded by ancillary staff) 

General appearance of patient (eg, development, nutrition, body habitus, 

 deformities, attention to grooming) 

Eyes Inspection of conjunctivae and lids 

Examination of pupils and irises (eg, reaction to light and accommodation, 

 size and symmetry)

 

Ophthalmoscopic examination of optic discs (eg, size, C/D ratio, appearance)

 and posterior segments (eg, vessel changes, exudates, hemorrhages)

Ears, Nose, 

Mouth and 

Throat 

External inspection of ears and nose (eg, overall appearance, scars, lesions, 

 masses) 

Otoscopic examination of external auditory canals and tympanic membranes

Assessment of hearing (eg, whispered voice, finger rub, tuning fork) 

Inspection of nasal mucosa, septum and turbinates 

Inspection of lips, teeth and gums 

Examination of oropharynx: oral mucosa, salivary glands, hard and soft 

 palates, tongue, tonsils and posterior pharynx 

Neck 

Examination of neck (eg, masses, overall appearance, symmetry, tracheal 

 position, crepitus) 

Examination of thyroid (eg, enlargement, tenderness, mass) 

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System/Body 

Area 

Elements of Examination 

Respiratory Assessment of respiratory effort (eg, intercostal retractions, use of accessory 

 muscles, diaphragmatic movement) 

Percussion of chest (eg, dullness, flatness, hyperresonance) 

Palpation of chest (eg, tactile fremitus) 

Auscultation of lungs (eg, breath sounds, adventitious sounds, rubs) 

Cardiovascular Palpation of heart (eg, location, size, thrills) 

Auscultation of heart with notation of abnormal sounds and murmurs 

Examination of: 

carotid arteries (eg, pulse amplitude, bruits) 

abdominal aorta (eg, size, bruits)

femoral arteries (eg, pulse amplitude, bruits) 

pedal pulses (eg, pulse amplitude)

extremities for edema and/or varicosities 

Chest (Breasts) Inspection of breasts (eg, symmetry, nipple discharge) 

Palpation of breasts and axillae (eg, masses or lumps, tenderness) 

Gastrointestinal 

(Abdomen) 

Examination of abdomen with notation of presence of masses or tenderness

Examination of liver and spleen 

Examination for presence or absence of hernia 

Examination (when indicated) of anus, perineum and rectum, including sphincter 

 tone, presence of hemorrhoids, rectal masses 

Obtain stool sample for occult blood test when indicated 

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System/Body Elements of Examination 

Area 

Genitourinary MALE: 

Examination of the scrotal contents (eg, hydrocele, spermatocele, tenderness of 

 cord, testicular mass) 

Examination of the penis 

Digital rectal examination of prostate gland (eg, size, symmetry, nodularity, 

 tenderness) 

FEMALE: 

Pelvic examination (with or without specimen collection for smears and cultures), 

including 

Examination of external genitalia (eg, general appearance, hair distribution, 

 lesions) and vagina (eg, general appearance, estrogen effect, discharge, lesions, 

 pelvic support, cystocele, rectocele) 

Examination of urethra (eg, masses, tenderness, scarring) 

Examination of bladder (eg, fullness, masses, tenderness) 

Cervix (eg, general appearance, lesions, discharge) 

Uterus (eg, size, contour, position, mobility, tenderness, consistency, descent or 

 support) 

Adnexa/parametria (eg, masses, tenderness, organomegaly, nodularity) 

Lymphatic Palpation of lymph nodes in two or more areas: 

Neck 

Axillae 

Groin 

Other 

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System/Body Elements of Examination 

Area 

Musculoskeletal Examination of gait and station 

Inspection and/or palpation of digits and nails (eg, clubbing, cyanosis, 

 inflammatory conditions, petechiae, ischemia, infections, nodes) 

Examination of joints, bones and muscles of one or more of the following six areas: 1) 

head and neck; 2) spine, ribs and pelvis; 3) right upper extremity; 4) left upper extremity; 

5) right lower extremity; and 6) left lower extremity. The examination of a given area 

includes: 

Inspection and/or palpation with notation of presence of any misalignment, 

 asymmetry, crepitation, defects, tenderness, masses, effusions 

Assessment of range of motion with notation of any pain, crepitation or 

 contracture 

Assessment of stability with notation of any dislocation (luxation), 

 subluxation or laxity 

Assessment of muscle strength and tone (eg, flaccid, cog wheel, spastic) 

 with notation of any atrophy or abnormal movements 

Skin Inspection of skin and subcutaneous tissue (eg, rashes, lesions, ulcers) 

Palpation of skin and subcutaneous tissue (eg, induration, subcutaneous 

 nodules, tightening)

Neurologic Test cranial nerves with notation of any deficits 

Examination of deep tendon reflexes with notation of pathological reflexes (eg, 

 Babinski) 

Examination of sensation (eg, by touch, pin, vibration, proprioception) 

Psychiatric Description of patient’s judgment and insight 

Brief assessment of mental status including:

orientation to time, place and person 

recent and remote memory 

mood and affect (eg, depression, anxiety, agitation) 

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Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused At least six elements identified by a bullet. 

Detailed At least two elements identified by a bullet from each of six 

areas/systems 

OR at least twelve elements identified by a bullet in two or more 

areas/systems. 

Comprehensive Perform all elements identified by a bullet in at least nine organ systems or 

body areas and document at least two elements identified by a bullet from 

each of nine areas/systems.

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Cardiovascular Examination 

System/Body 

Area 

Elements of Examination 

Constitutional Measurement of any three of the following seven vital signs: 1) sitting 

or standing blood pressure, 2) supine blood pressure, 3) pulse rate and 

 regularity, 4) respiration, 5) temperature, 6) height, 7) weight (May be 

 measured and recorded by ancillary staff) 

General appearance of patient (eg, development, nutrition, body habitus, 

 deformities, attention to grooming)

Head and Face 

Eyes Inspection of conjunctivae and lids (eg, xanthelasma) 

Ears, Nose, 

Mouth and 

Throat 

Inspection of teeth, gums and palate 

Inspection of oral mucosa with notation of presence of pallor or cyanosis 

Neck 

Examination of jugular veins (eg, distension; a, v or cannon a waves)

Examination of thyroid (eg, enlargement, tenderness, mass) 

Respiratory Assessment of respiratory effort (eg, intercostal retractions, use of accessory 

 muscles, diaphragmatic movement) 

Auscultation of lungs (eg, breath sounds, adventitious sounds, rubs)

Cardiovascular Palpation of heart (eg, location, size and forcefulness of the point of maximal 

 impact; thrills; lifts; palpable S3 or S4)

Auscultation of heart including sounds, abnormal sounds and murmurs 

Measurement of blood pressure in two or more extremities when indicated 

 (eg, aortic dissection, coarctation) 

Examination of: 

Carotid arteries (eg, waveform, pulse amplitude, bruits, apical-carotid delay)

Abdominal aorta (eg, size, bruits) 

Femoral arteries (eg, pulse amplitude, bruits) 

Pedal pulses (eg, pulse amplitude) 

Extremities for peripheral edema and/or varicosities

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System/Body 

Area 

Elements of Examination 

Chest

(Breasts)

Gastrointestinal

(Abdomen) 

Examination of abdomen with notation of presence of masses or tenderness

Examination of liver and spleen

Obtain stool sample for occult blood from patients who are being considered 

 for thrombolytic or anticoagulant therapy

Genitourinary 

(Abdomen) 

Lymphatic 

Musculoskeletal Examination of the back with notation of kyphosis or scoliosis 

Examination of gait with notation of ability to undergo exercise testing and/or 

 participation in exercise programs 

Assessment of muscle strength and tone (eg, flaccid, cog wheel, spastic) 

 with notation of any atrophy and abnormal movements

Extremities Inspection and palpation of digits and nails (eg, clubbing, cyanosis, 

 inflammation, petechiae, ischemia, infections, Osler’s nodes)

Skin Inspection and/or palpation of skin and subcutaneous tissue (eg, stasis 

 dermatitis, ulcers, scars, xanthomas)

Neurological/ 

Psychiatric

Brief assessment of mental status including 

Orientation to time, place and person,

Mood and affect (eg, depression, anxiety, agitation)

Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused 

At least six elements identified by a bullet. 

Detailed At least twelve elements identified by a bullet. 

Comprehensive Perform all elements identified by a bullet; document every element in each box 

with a shaded border and at least one element in each box with an unshaded 

border. 

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Ear, Nose and Throat Examination

System/Body 

Area 

Elements of Examination 

Constitutional Measurement of any three of the following seven vital signs: 1) sitting or 

 standing blood pressure, 2) supine blood pressure, 3) pulse rate and 

 regularity, 4) respiration, 5) temperature, 6) height, 7) weight (May be 

 measured and recorded by ancillary staff) 

General appearance of patient (eg, development, nutrition, body habitus, 

 deformities, attention to grooming) 

Assessment of ability to communicate (eg, use of sign language or other 

 communication aids) and quality of voice 

Head and Face Inspection of head and face (eg, overall appearance, scars, lesions and 

 masses) 

Palpation and/or percussion of face with notation of presence or absence 

 of sinus tenderness 

Examination of salivary glands 

Assessment of facial strength 

Eyes Test ocular motility including primary gaze alignment

Ears, Nose, 

Mouth and 

Throat 

 Otoscopic examination of external auditory canals and tympanic membranes 

 including pneumo-otoscopy with notation of mobility of membranes 

Assessment of hearing with tuning forks and clinical speech reception 

 thresholds (eg, whispered voice, finger rub) 

External inspection of ears and nose (eg, overall appearance, scars, lesions 

 and masses) 

Inspection of nasal mucosa, septum and turbinates 

Inspection of lips, teeth and gums 

Examination of oropharynx: oral mucosa, hard and soft palates, tongue, 

 tonsils and posterior pharynx (eg, asymmetry, lesions, hydration of mucosal 

 surfaces) 

Inspection of pharyngeal walls and pyriform sinuses (eg, pooling of saliva, 

 asymmetry, lesions) 

Examination by mirror of larynx including the condition of the epiglottis, 

 false vocal cords, true vocal cords and mobility of larynx (Use of mirror not 

 required in children) 

Examination by mirror of nasopharynx including appearance of the mucosa, 

 adenoids, posterior choanae and eustachian tubes (Use of mirror not required 

 in children) 

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System/Body Elements of Examination 

Area 

Neck Examination of neck (eg, masses, overall appearance, symmetry, tracheal 

 position, crepitus)

Examination of thyroid (eg, enlargement, tenderness, mass)

Respiratory Inspection of chest including symmetry, expansion and/or assessment of 

 respiratory effort (eg, intercostal retractions, use of accessory muscles, 

 diaphragmatic movement)

Auscultation of lungs (eg, breath sounds, adventitious sounds, rubs) 

Cardiovascular Auscultation of heart with notation of abnormal sounds and murmurs 

Examination of peripheral vascular system by observation (eg, swelling, 

 varicosities) and palpation (eg, pulses, temperature, edema, tenderness)

Chest (Breasts) 

Gastrointestinal 

(Abdomen) 

Genitourinary 

Lymphatic Palpation of lymph nodes in neck, axillae, groin and/or other location 

Musculoskeletal 

Extremities 

Skin 

Neurological/ Test cranial nerves with notation of any deficits 

Psychiatric 

Brief assessment of mental status including 

Orientation to time, place and person, 

Mood and affect (eg, depression, anxiety, agitation) 

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Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused 

At least six elements identified by a bullet. 

Detailed At least twelve elements identified by a bullet. 

Comprehensive Perform all elements identified by a bullet; document every element in each 

box with a shaded border and at least one element in each box with an 

unshaded border.

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Eye Examination

System/Body Elements of Examination 

Area 

Constitutional 

Head and Face 

Eyes Test visual acuity (Does not include determination of refractive error)

Gross visual field testing by confrontation

Test ocular motility including primary gaze alignment

Inspection of bulbar and palpebral conjunctivae

Examination of ocular adnexae including lids (eg, ptosis or lagophthalmos), 

 lacrimal glands, lacrimal drainage, orbits and preauricular lymph nodes

Examination of pupils and irises including shape, direct and consensual

 reaction (afferent pupil), size (eg, anisocoria) and morphology

Slit lamp examination of the corneas including epithelium, stroma, 

 endothelium, and tear film

Slit lamp examination of the anterior chambers including depth, cells, and 

 flare

Slit lamp examination of the lenses including clarity, anterior and posterior 

 capsule, cortex, and nucleus

Measurement of intraocular pressures (except in children and patients with 

 trauma or infectious disease)

Ophthalmoscopic examination through dilated pupils (unless contraindicated) of

Optic discs including size, C/D ratio, appearance (eg, atrophy, cupping, 

 tumor elevation) and nerve fiber layer

Posterior segments including retina and vessels (eg, exudates and 

 hemorrhages)

Ears, Nose, 

Mouth and 

Throat 

Neck 

Respiratory 

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System/Body Elements of Examination 

Area 

Cardiovascular 

Chest (Breasts) 

Gastrointestinal 

(Abdomen) 

Genitourinary 

Lymphatic 

Musculoskeletal 

Extremities 

Skin 

Neurological/ Brief assessment of mental status including 

Psychiatric 

Orientation to time, place and person 

Mood and affect (eg, depression, anxiety, agitation) 

Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused At least six elements identified by a bullet. 

Detailed At least nine elements identified by a bullet. 

Comprehensive 

Perform all elements identified by a bullet; document every element in each 

box with a shaded border and at least one element in each box with an 

unshaded border.

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Genitourinary Examination

System/Body Elements of Examination 

Area 

Constitutional Measurement of any three of the following seven vital signs: 1) sitting or 

 standing blood pressure, 2) supine blood pressure, 3) pulse rate and 

 regularity, 4) respiration, 5) temperature, 6) height, 7) weight (May be 

 measured and recorded by ancillary staff) 

General appearance of patient (eg, development, nutrition, body habitus, 

 deformities, attention to grooming) 

Head and Face 

Eyes 

Ears, Nose, 

Mouth and 

Throat 

Neck 

Examination of neck (eg, masses, overall appearance, symmetry, tracheal 

 position, crepitus)

Examination of thyroid (eg, enlargement, tenderness, mass) 

Respiratory Assessment of respiratory effort (eg, intercostal retractions, use of accessory

 muscles, diaphragmatic movement)

Auscultation of lungs (eg, breath sounds, adventitious sounds, rubs)

Cardiovascular Auscultation of heart with notation of abnormal sounds and murmurs 

Examination of peripheral vascular system by observation (eg, swelling,

 varicosities) and palpation (e.g. pulses, temperature, edema, tenderness)

Chest (Breasts) [See genitourinary (female)]

Gastrointestinal

(Abdomen) 

Examination of abdomen with notation of presence of masses or tenderness

Examination for presence or absence of hernia

Examination of liver and spleen

Obtain stool sample for occult blood when indicated

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System/Body Elements of Examination 

Area 

Genitourinary MALE:

Inspection of anus and perineum 

Examination (with or without specimen collection for smears and 

cultures) of genitalia including: 

Scrotum (eg, lesions, cysts, rashes) 

 

Epididymides (eg, size, symmetry, masses)

 

Testes (eg, size, symmetry, masses)

Urethral meatus (eg, size, location, lesions, discharge) 

Penis (eg, lesions, presence or absence of foreskin, foreskin 

 retractability, plaque, masses, scarring, deformities) 

Digital rectal examination including:

 

Prostate gland (eg, size, symmetry, nodularity, tenderness)

Seminal vesicles (eg, symmetry, tenderness, masses, enlargement)

Sphincter tone, presence of hemorrhoids, rectal masses 

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System/Body Elements of Examination 

Area 

Genitourinary

(Cont’d)

FEMALE: 

Includes at least seven of the following eleven elements identified by bullets: 

Inspection and palpation of breasts (eg, masses or lumps, tenderness, 

 symmetry, nipple discharge)

 Digital rectal examination including sphincter tone, presence of hemorrhoids,

 rectal masses 

Pelvic examination (with or without specimen collection for smears and cultures) 

including:

External genitalia (eg, general appearance, hair distribution, lesions)

Urethral meatus (eg, size, location, lesions, prolapse)

Urethra (eg, masses, tenderness, scarring)

Bladder (eg, fullness, masses, tenderness)

Vagina (eg, general appearance, estrogen effect, discharge, lesions, pelvic 

 support, cystocele, rectocele)

Cervix (eg, general appearance, lesions, discharge)

Uterus (eg, size, contour, position, mobility, tenderness, consistency, descent 

 or support)

Adnexa/parametria (eg, masses, tenderness, organomegaly, nodularity)

Anus and perineum

Lymphatic Palpation of lymph nodes in neck, axillae, groin and/or other location 

Musculoskeletal 

Extremities 

Skin Inspection and/or palpation of skin and subcutaneous tissue (eg, rashes, lesions, 

 ulcers) 

Neurological/ Brief assessment of mental status including 

Psychiatric 

Orientation (eg, time, place and person) and 

Mood and affect (eg, depression, anxiety, agitation) 

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Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused 

At least six elements identified by a bullet. 

Detailed At least twelve elements identified by a bullet. 

Comprehensive Perform all elements identified by a bullet; document every element in each 

box with a shaded border and at least one element in each box with an 

unshaded border.

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Hematologic/Lymphatic/Immunologic Examination

System/Body Elements of Examination 

Area 

Constitutional Measurement of any three of the following seven vital signs: 1) sitting or

 standing blood pressure, 2) supine blood pressure, 3) pulse rate and 

 regularity, 4) respiration, 5) temperature, 6) height, 7) weight (May be 

 measured and recorded by ancillary staff) 

General appearance of patient (eg, development, nutrition, body habitus, 

 deformities, attention to grooming)

Head and Face Palpation and/or percussion of face with notation of presence or absence of sinus 

 tenderness 

Eyes Inspection of conjunctivae and lids 

Ears, Nose, 

Mouth and 

Throat

Otoscopic examination of external auditory canals and tympanic membranes

Inspection of nasal mucosa, septum and turbinates

Inspection of teeth and gums

Examination of oropharynx (eg, oral mucosa, hard and soft palates, tongue, 

 tonsils and posterior pharynx)

 

Neck 

Examination of neck (eg, masses, overall appearance, symmetry, tracheal

 position, crepitus) 

Examination of thyroid (eg, enlargement, tenderness, mass)

Respiratory Assessment of respiratory effort (eg, intercostal retractions, use of accessory 

 muscles, diaphragmatic movement) 

Auscultation of lungs (eg, breath sounds, adventitious sounds, rubs)

Cardiovascular Auscultation of heart with notation of abnormal sounds and murmurs 

Examination of peripheral vascular system by observation (eg, swelling, 

 varicosities) and palpation (pulses, temperature, edema, tenderness)

Chest (Breasts) 

Gastrointestinal

(Abdomen) 

Examination of abdomen with notation of presence of masses or tenderness

Examination of liver and spleen

Genitourinary 

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System/Body Elements of Examination 

Area 

Lymphatic Palpation of lymph nodes in neck, axillae, groin, and/or other location 

Musculoskeletal 

Extremities 

Inspection and palpation of digits and nails (eg, clubbing, cyanosis, 

 inflammation, petechiae, ischemia, infections, nodes)

Skin 

Inspection and/or palpation of skin and subcutaneous tissue (eg, rashes, 

 lesions, ulcers, ecchymoses, bruises)

Neurological/ Brief assessment of mental status including 

Psychiatric 

Orientation to time, place and person 

Mood and affect (eg, depression, anxiety, agitation) 

Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused At least six elements identified by a bullet. 

Detailed At least twelve elements identified by a bullet. 

Comprehensive Perform all elements identified by a bullet; document every element in each 

box with a shaded border and at least one element in each box with an 

unshaded border.

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Musculoskeletal Examination

System/Body Elements of Examination 

Area 

Constitutional Measurement of any three of the following seven vital signs: 1) sitting 

or standing blood pressure, 2) supine blood pressure, 3) pulse rate and 

 regularity, 4) respiration, 5) temperature, 6) height, 7) weight (May be 

 measured and recorded by ancillary staff) 

General appearance of patient (eg, development, nutrition, body habitus, 

 deformities, attention to grooming)

Head and Face

Eyes

Ears, Nose, 

Mouth and 

Throat

Neck

Respiratory 

Cardiovascular Examination of peripheral vascular system by observation (eg, swelling, 

 varicosities) and palpation (eg, pulses, temperature, edema, tenderness)

Chest (Breasts)

Gastrointestinal 

(Abdomen)

Genitourinary

Lymphatic Palpation of lymph nodes in neck, axillae, groin and/or other location 

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System/Body Elements of Examination 

Area 

Musculoskeletal Examination of gait and station 

Examination of joint(s), bone(s) and muscle(s)/ tendon(s) of four of the following six 

areas: 1) head and neck; 2) spine, ribs and pelvis; 3) right upper extremity; 4) left upper 

extremity; 5) right lower extremity; and 6) left lower extremity. The examination of a given 

area includes:

Inspection, percussion and/or palpation with notation of any misalignment,

 asymmetry, crepitation, defects, tenderness, masses or effusions

Assessment of range of motion with notation of any pain (eg, straight leg 

 raising), crepitation or contracture

Assessment of stability with notation of any dislocation (luxation), subluxation 

 or laxity

Assessment of muscle strength and tone (eg, flaccid, cog wheel, spastic) with 

 notation of any atrophy or abnormal movements

NOTE: For the comprehensive level of examination, all four of the elements identified by 

a bullet must be performed and documented for each of four anatomic areas. For the 

three lower levels of examination, each element is counted separately for each body 

area. For example, assessing range of motion in two extremities constitutes two 

elements.

Extremities [See musculoskeletal and skin]

Skin Inspection and/or palpation of skin and subcutaneous tissue (eg, scars, 

 rashes, lesions, cafe-au-lait spots, ulcers) in four of the following six areas: 

 1) head and neck; 2) trunk; 3) right upper extremity; 4) left upper extremity; 5) 

 right lower extremity; and 6) left lower extremity.

NOTE: For the comprehensive level, the examination of all four anatomic areas must be 

performed and documented. For the three lower levels of examination, each body area is 

counted separately. For example, inspection and/or palpation of the skin and 

subcutaneous tissue of two extremities constitutes two elements.

Neurological/

Psychiatric 

Test coordination (eg, finger/nose, heel/ knee/shin, rapid alternating 

 movements in the upper and lower extremities, evaluation of fine motor 

 coordination in young children)

Examination of deep tendon reflexes and/or nerve stretch test with notation of 

 pathological reflexes (eg, Babinski)

Examination of sensation (eg, by touch, pin, vibration, proprioception)

Brief assessment of mental status including

Orientation to time, place and person

Mood and affect (eg, depression, anxiety, agitation)

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Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused At least six elements identified by a bullet. 

Detailed At least twelve elements identified by a bullet. 

Comprehensive Perform all elements identified by a bullet; document every element in each 

box with a shaded border and at least one element in each box with an

unshaded border.

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Neurological Examination

System/Body Elements of Examination 

Area 

Constitutional Measurement of any three of the following seven vital signs: 1) sitting 

 or standing blood pressure, 2) supine blood pressure, 3) pulse rate and 

 regularity, 4) respiration, 5) temperature, 6) height, 7) weight (May be 

 measured and recorded by ancillary staff) 

General appearance of patient (eg, development, nutrition, body habitus, 

 deformities, attention to grooming)

Head and Face 

Eyes Ophthalmoscopic examination of optic discs (eg, size, C/D ratio, 

 appearance) and posterior segments (eg, vessel changes, exudates, 

 hemorrhages)

Ears, Nose, 

Mouth 

and Throat 

Neck 

Respiratory 

Cardiovascular Examination of carotid arteries (eg, pulse amplitude, bruits) 

Auscultation of heart with notation of abnormal sounds and murmurs 

Examination of peripheral vascular system by observation (eg, swelling,

 varicosities) and palpation (eg, pulses, temperature, edema, tenderness) 

Chest (Breasts) 

Gastrointestinal 

(Abdomen) 

Genitourinary 

Lymphatic 

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System/Body Elements of Examination 

Area 

Musculoskeletal Examination of gait and station

Assessment of motor function including:

Muscle strength in upper and lower extremities

Muscle tone in upper and lower extremities (eg, flaccid, cog wheel, 

 spastic) with notation of any atrophy or abnormal movements (eg, 

 fasciculation, tardive dyskinesia)

Extremities [See musculoskeletal] 

Skin 

Neurological Evaluation of higher integrative functions including:

Orientation to time, place and person

Recent and remote memory

Attention span and concentration

Language (eg, naming objects, repeating phrases, spontaneous speech)

Fund of knowledge (eg, awareness of current events, past history, 

 vocabulary)

Test the following cranial nerves:

2nd cranial nerve (eg, visual acuity, visual fields, fundi) 

3rd, 4th and 6th cranial nerves (eg, pupils, eye movements) 

5th cranial nerve (eg, facial sensation, corneal reflexes) 

7th cranial nerve (eg, facial symmetry, strength) 

8th cranial nerve (eg, hearing with tuning fork, whispered voice and/or 

 finger rub)

9th cranial nerve (eg, spontaneous or reflex palate movement) 

11th cranial nerve (eg, shoulder shrug strength) 

12th cranial nerve (eg, tongue protrusion)

Examination of sensation (eg, by touch, pin, vibration, proprioception)

Examination of deep tendon reflexes in upper and lower extremities with 

 notation of pathological reflexes (eg, Babinski)

Test coordination (eg, finger/nose, heel/knee/shin, rapid alternating 

 movements in the upper and lower extremities, evaluation of fine motor 

 coordination in young children)

Psychiatric 

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Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused 

At least six elements identified by a bullet. 

Detailed At least twelve elements identified by a bullet. 

Comprehensive Perform all elements identified by a bullet; document every element in each 

box with a shaded border and at least one element in each box with an 

unshaded border.

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Psychiatric Examination

System/Body Elements of Examination 

Area 

Constitutional Measurement of any three of the following seven vital signs: 1) 

 sitting or standing blood pressure, 2) supine blood pressure, 3) pulse 

 rate and regularity, 4) respiration, 5) temperature, 6) height, 7) weight 

 (May be measured and recorded by ancillary staff)

General appearance of patient (eg, development, nutrition, body 

 habitus, deformities, attention to grooming)

Head and Face 

Eyes 

Ears, Nose, 

Mouth and 

Throat 

Neck 

Respiratory 

Cardiovascular 

Chest (Breasts)

Gastrointestinal

(Abdomen) 

Genitourinary 

Lymphatic 

Musculoskeletal 

Assessment of muscle strength and tone (eg, flaccid, cog wheel, 

 spastic) with notation of any atrophy and abnormal movements

Examination of gait and station 

Extremities 

Skin 

Neurological 

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System/Body 

Area 

Elements of Examination

Psychiatric Description of speech including: rate; volume; articulation; coherence; 

and spontaneity with notation of abnormalities (eg, perseveration, 

paucity of language) 

Description of thought processes including: rate of thoughts; content of 

thoughts (eg, logical vs. illogical, tangential); abstract reasoning; and 

computation 

Description of associations (eg, loose, tangential, circumstantial, intact) 

Description of abnormal or psychotic thoughts including: hallucinations; 

delusions; preoccupation with violence; homicidal or suicidal ideation; 

and obsessions 

Description of the patient’s judgment (eg, concerning everyday 

activities and social situations) and insight (eg, concerning psychiatric 

condition) 

Complete mental status examination including 

Orientation to time, place and person 

Recent and remote memory 

Attention span and concentration 

Language (eg, naming objects, repeating phrases) 

Fund of knowledge (eg, awareness of current events, past history, 

vocabulary) 

Mood and affect (eg, depression, anxiety, agitation, hypomania, lability) 

Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused 

At least six elements identified by a bullet. 

Detailed At least nine elements identified by a bullet. 

Comprehensive Perform all elements identified by a bullet; document every element in each 

box with a shaded border and at least one element in each box with an 

unshaded border.

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Respiratory Examination

System/Body 

Area 

Elements of Examination 

Constitutional Measurement of any three of the following seven vital signs: 1) sitting 

or standing blood pressure, 2) supine blood pressure, 3) pulse rate and 

 regularity, 4) respiration, 5) temperature, 6) height, 7) weight (May be 

 measured and recorded by ancillary staff) 

General appearance of patient (eg, development, nutrition, body habitus, 

 deformities, attention to grooming)

Head and Face 

Eyes 

Ears, Nose, 

Mouth and 

Throat

Inspection of nasal mucosa, septum and turbinates

Inspection of teeth and gums

Examination of oropharynx (eg, oral mucosa, hard and soft palate, tongue, 

 tonsils and posterior pharynx)

Neck Examination of neck (eg, masses, overall appearance, symmetry, tracheal 

 position, crepitus)

Examination of thyroid (eg, enlargement, tenderness, mass) 

Examination of jugular veins (eg, distention, a, v or cannon a waves)

Respiratory Inspection of chest with notation of symmetry and expansion

Assessment of respiratory effort (eg, intercostal retractions, use of accessory 

 muscles, diaphragmatic movement)

Percussion of chest (eg, dullness, flatness, hyperresonance)

Palpation of chest (eg, tactile fremitus)

Auscultation of lungs (eg, breath sounds, adventitious sounds, rubs)

Cardiovascular Auscultation of heart with notation of abnormal sounds and murmurs 

Examination of peripheral vascular system by observation (eg, swelling, 

 varicosities) and palpation (pulses, temperature, edema, tenderness)

Chest 

(Breasts) 

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System/Body Elements of Examination 

Area 

Gastrointestinal

(Abdomen) 

Examination of abdomen with notation of presence of masses or tenderness

Examination of liver and spleen

Genitourinary 

Lymphatic Palpation of lymph nodes in neck, axillae, groin and/or other location 

Musculoskeletal 

Assessment of muscle strength and tone (eg, flaccid, cog wheel, spastic) 

 with notation of any atrophy and abnormal movements

Examination of gait and station 

Extremities 

Inspection and palpation of digits and nails (eg, clubbing, cyanosis, 

 inflammation, petechiae, ischemia, infections, nodes)

Skin Inspection and/or palpation of skin and subcutaneous tissue (eg, rashes, 

 lesions, ulcers) 

Neurological/ Brief assessment of mental status including 

Psychiatric 

Orientation to time, place and person 

Mood and affect (eg, depression, anxiety, agitation)

Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused 

At least six elements identified by a bullet. 

Detailed At least twelve elements identified by a bullet. 

Comprehensive Perform all elements identified by a bullet; document every element in each 

box with a shaded border and at least one element in each box with an 

unshaded border.

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Skin Examination

System/Body 

Area 

Elements of Examination 

Constitutional Measurement of any three of the following seven vital signs: 1) sitting 

 or standing blood pressure, 2) supine blood pressure, 3) pulse rate and 

 regularity, 4) respiration, 5) temperature, 6) height, 7) weight (May be 

 measured and recorded by ancillary staff) 

General appearance of patient (eg, development, nutrition, body

 habitus, deformities, attention to grooming)

Head and Face 

 

Eyes Inspection of conjunctivae and lids

Ears, Nose, 

Mouth and 

Throat

Inspection of teeth and gums 

Examination of oropharynx (eg, oral mucosa, hard and soft palates, 

 tongue, tonsils, posterior pharynx) 

Neck Examination of thyroid (eg, enlargement, tenderness, mass)

Respiratory 

Cardiovascular 

Examination of peripheral vascular system by observation (eg, 

 swelling, varicosities) and palpation (eg, pulses, temperature, edema, 

 tenderness)

Chest (Breasts)

Gastrointestinal 

(Abdomen)

Examination of liver and spleen

Examination of anus for condyloma and other lesions

Genitourinary 

Lymphatic Palpation of lymph nodes in neck, axillae, groin and/or other location

Musculoskeletal 

Extremities Inspection and palpation of digits and nails (eg, clubbing, cyanosis, 

 inflammation, petechiae, ischemia, infections, nodes)

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System/Body Elements of Examination 

Area 

Skin Palpation of scalp and inspection of hair of scalp, eyebrows, face,

 chest, pubic area (when indicated) and extremities 

Inspection and/or palpation of skin and subcutaneous tissue (eg, 

 rashes, lesions, ulcers, susceptibility to and presence of photo 

 damage) in eight of the following ten areas:

Head, including the face and 

Neck

Chest, including breasts and axillae 

Abdomen

Genitalia, groin, buttocks

Back

Right upper extremity

Left upper extremity

Right lower extremity

Left upper extremity

NOTE: For the comprehensive level, the examination of at least eight anatomic 

areas must be performed and documented. For the three lower levels of 

examination, each body area is counted separately. For example, inspection 

and/or palpation of the skin and subcutaneous tissue of the right upper extremity 

and the left upper extremity constitutes two elements.

Inspection of eccrine and apocrine glands of skin and subcutaneous 

 tissue with identification and location of any hyperhidrosis, 

 chromhidroses or bromhidrosis

Neurological/ Brief assessment of mental status including 

Psychiatric 

Orientation to time, place and person 

Mood and affect (eg, depression, anxiety, agitation) 

Content and Documentation Requirements 

Level of Exam Perform and Document: 

Problem Focused One to five elements identified by a bullet. 

Expanded Problem 

Focused At least six elements identified by a bullet. 

Detailed At least twelve elements identified by a bullet. 

Comprehensive Perform all elements identified by a bullet; document every element in each 

box with a shaded border and at least one element in each box with an 

unshaded border. 

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C. DOCUMENTATION OF THE COMPLEXITY OF MEDICAL DECISION MAKING 

The levels of E/M services recognize four types of medical decision making (straightforward, low complexity, moderate complexity and high complexity). Medical decision 

making refers to the complexity of establishing a diagnosis and/or selecting a 

management option as measured by: 

• the number of possible diagnoses and/or the number of management options 

that must be considered; 

• the amount and/or complexity of medical records, diagnostic tests, and/or other 

information that must be obtained, reviewed and analyzed; and 

• the risk of significant complications, morbidity and/or mortality, as well as 

comorbidities, associated with the patient's presenting problem(s), the diagnostic 

procedure(s) and/or the possible management options. 

The chart below shows the progression of the elements required for each level of 

medical decision making. To qualify for a given type of decision making, two of the 

three elements in the table must be either met or exceeded. 

Number of diagnoses 

or management options 

Amount and/or 

complexity of data to 

be reviewed 

Risk of complications 

and/or morbidity or 

mortality 

Type of decision 

making 

Minimal Minimal or None Minimal Straightforward 

Limited Limited Low Low Complexity 

Multiple Moderate Moderate 

Moderate Complexity 

Extensive Extensive High High Complexity 

Each of the elements of medical decision making is described below. 

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NUMBER OF DIAGNOSES OR MANAGEMENT OPTIONS 

The number of possible diagnoses and/or the number of management options that must 

be considered is based on the number and types of problems addressed during the 

encounter, the complexity of establishing a diagnosis and the management decisions 

that are made by the physician. 

Generally, decision making with respect to a diagnosed problem is easier than that for 

an identified but undiagnosed problem. The number and type of diagnostic tests 

employed may be an indicator of the number of possible diagnoses. Problems which 

are improving or resolving are less complex than those which are worsening or failing 

to change as expected. The need to seek advice from others is another indicator of 

complexity of diagnostic or management problems. 

DG: For each encounter, an assessment, clinical impression, or diagnosis 

should be documented. It may be explicitly stated or implied in 

documented decisions regarding management plans and/or further 

evaluation.

• For a presenting problem with an established diagnosis the record should 

reflect whether the problem is: a) improved, well controlled, resolving or 

resolved; or, b) inadequately controlled, worsening, or failing to change as 

expected. 

• For a presenting problem without an established diagnosis, the 

assessment or clinical impression may be stated in the form of differential 

diagnoses or as a "possible", "probable", or "rule out" (R/O) diagnosis. 

DG: The initiation of, or changes in, treatment should be documented. 

Treatment includes a wide range of management options including patient 

instructions, nursing instructions, therapies, and medications. 

DG: If referrals are made, consultations requested or advice sought, the record 

should indicate to whom or where the referral or consultation is made or 

from whom the advice is requested. 

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AMOUNT AND/OR COMPLEXITY OF DATA TO BE REVIEWED 

The amount and complexity of data to be reviewed is based on the types of diagnostic 

testing ordered or reviewed. A decision to obtain and review old medical records and/or 

obtain history from sources other than the patient increases the amount and complexity 

of data to be reviewed. 

Discussion of contradictory or unexpected test results with the physician who 

performed or interpreted the test is an indication of the complexity of data being 

reviewed. On occasion the physician who ordered a test may personally review the 

image, tracing or specimen to supplement information from the physician who 

prepared the test report or interpretation; this is another indication of the complexity of 

data being reviewed. 

DG: If a diagnostic service (test or procedure) is ordered, planned, scheduled, or 

performed at the time of the E/M encounter, the type of service, eg, lab or x-ray, 

should be documented. 

DG: The review of lab, radiology and/or other diagnostic tests should be documented. 

A simple notation such as "WBC elevated" or "chest x-ray unremarkable" is 

acceptable. Alternatively, the review may be documented by initialing and dating 

the report containing the test results. 

DG: A decision to obtain old records or decision to obtain additional history from the 

family, caretaker or other source to supplement that obtained from the patient 

should be documented. 

DG: Relevant findings from the review of old records, and/or the receipt of additional 

history from the family, caretaker or other source to supplement that obtained 

from the patient should be documented. If there is no relevant information 

beyond that already obtained, that fact should be documented. A notation of “Old 

records reviewed” or “additional history obtained from family” without elaboration 

is insufficient. 

DG: The results of discussion of laboratory, radiology or other diagnostic tests with 

the physician who performed or interpreted the study should be documented. 

DG: The direct visualization and independent interpretation of an image, tracing 

or specimen previously or subsequently interpreted by another physician 

should be documented. 

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 160

RISK OF SIGNIFICANT COMPLICATIONS, MORBIDITY, AND/OR 

MORTALITY 

The risk of significant complications, morbidity, and/or mortality is based on the risks 

associated with the presenting problem(s), the diagnostic procedure(s), and the 

possible management options. 

DG: Comorbidities/underlying diseases or other factors that increase the 

complexity of medical decision making by increasing the risk of 

complications, morbidity, and/or mortality should be documented. 

DG: If a surgical or invasive diagnostic procedure is ordered, planned or 

scheduled at the time of the E/M encounter, the type of procedure, eg, 

laparoscopy, should be documented. 

DG: If a surgical or invasive diagnostic procedure is performed at the time of 

the E/M encounter, the specific procedure should be documented. 

DG: The referral for or decision to perform a surgical or invasive diagnostic 

procedure on an urgent basis should be documented or implied. 

The following table may be used to help determine whether the risk of significant 

complications, morbidity, and/or mortality is minimal, low, moderate, or high. Because 

the determination of risk is complex and not readily quantifiable, the table includes 

common clinical examples rather than absolute measures of risk. The assessment of 

risk of the presenting problem(s) is based on the risk related to the disease process 

anticipated between the present encounter and the next one. The assessment of risk of 

selecting diagnostic procedures and management options is based on the risk during 

and immediately following any procedures or treatment. The highest level of risk in 

any one category (presenting problem(s), diagnostic procedure(s), or 

management options) determines the overall risk. 

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 161

TABLE OF RISK

Level of Risk Presenting Problem(s) Diagnostic Procedure(s) Ordered Management Options Selected 

Minimal 

One self-limited or minor 

problem, eg, cold, insect bite, 

tinea corporis 

Laboratory tests requiring 

venipuncture 

Chest x-rays 

EKG/EEG 

Urinalysis

Ultrasound, eg, 

echocardiography 

KOH prep 

Rest

Gargles 

Elastic bandages

Superficial dressings 

Low 

Two or more self-limited or 

minor problems 

One stable chronic illness, eg, 

well controlled hypertension, 

non-insulin dependent 

diabetes, cataract, BPH

Acute uncomplicated illness or 

injury, eg, cystitis, allergic 

rhinitis, simple sprain 

Physiologic tests not under 

stress, eg, pulmonary function 

tests

Non-cardiovascular imaging 

studies with contrast, eg, barium 

enema

Superficial needle biopsies 

Clinical laboratory tests requiring 

arterial puncture 

Skin biopsies

Over-the-counter drugs 

Minor surgery with no identified 

risk factors

Physical therapy 

Occupational therapy 

IV fluids without additives 

Moderate 

One or more chronic illnesses 

with mild exacerbation, 

progression, or side effects of 

treatment 

Two or more stable chronic 

illnesses 

Undiagnosed new problem with 

uncertain prognosis, eg, lump 

in breast 

Acute illness with systemic 

symptoms, eg, pyelonephritis, 

pneumonitis, colitis 

Acute complicated injury, eg, 

head injury with brief loss of 

consciousness 

Physiologic tests under stress, 

eg, cardiac stress test, fetal 

contraction stress test 

Diagnostic endoscopies with no 

identified risk factors 

Deep needle or incisional biopsy 

Cardiovascular imaging studies 

with contrast and no identified 

risk factors, eg, arteriogram, 

cardiac catheterization 

Obtain fluid from body cavity, eg 

lumbar puncture, thoracentesis, 

culdocentesis 

Minor surgery with identified 

risk factors 

Elective major surgery (open, 

percutaneous or endoscopic) 

with no identified risk factors 

Prescription drug management 

Therapeutic nuclear medicine 

IV fluids with additives 

Closed treatment of fracture or 

dislocation without 

manipulation 

High 

One or more chronic illnesses 

with severe exacerbation, 

progression, or side effects of 

treatment 

Acute or chronic illnesses or 

injuries that pose a threat to life 

or bodily function, eg, multiple 

trauma, acute MI, pulmonary 

embolus, severe respiratory 

distress, progressive severe 

rheumatoid arthritis, psychiatric 

illness with potential threat to 

self or others, peritonitis, acute 

renal failure 

An abrupt change in neurologic 

status, eg, seizure, TIA, 

weakness, sensory loss 

Cardiovascular imaging studies 

with contrast with identified risk 

factors 

Cardiac electrophysiological tests 

Diagnostic Endoscopies with 

identified risk factors 

Discography 

Elective major surgery (open, 

percutaneous or endoscopic) 

with identified risk factors 

Emergency major surgery 

(open, percutaneous or 

endoscopic) 

Parenteral controlled 

substances 

Drug therapy requiring 

intensive monitoring for toxicity 

Decision not to resuscitate or 

to de-escalate care because of 

poor prognosis 

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Medicare Physician Guide: A Resource for Residents, Practicing Physicians and Other Health Care Professionals 162

D. DOCUMENTATION OF AN ENCOUNTER DOMINATED BY 

COUNSELING OR COORDINATION OF CARE 

In the case where counseling and/or coordination of care dominates (more than 50%) of 

the physician/patient and/or family encounter (face-to-face time in the office or other or 

outpatient setting, floor/unit time in the hospital or nursing facility), time is considered 

the key or controlling factor to qualify for a particular level of E/M services. 

DG: If the physician elects to report the level of service based on counseling 

and/or coordination of care, the total length of time of the encounter (faceto-face or floor time, as appropriate) should be documented and the 

record should describe the counseling and/or activities to coordinate care.

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