SUBPART - Subpart A—General Exclusions and Exclusion of Particular Services

577Before July 1981, inpatient hospital care in connection with dental procedures was covered only when required by the patient's underlying medical condition and clinical status.(3)Inapplicability.(i) Dental services that are inextricably linked to, and substantially related and integral to the clinical success of, a certain covered medical service are not excluded; payment may be made under Medicare Parts A and B for services furnished in the inpatient or outpatient setting. Such services include, but are not limited to:(A) Dental or oral examination performed as part of a comprehensive workup prior to, and medically necessary diagnostic and treatment services to eliminate an oral or dental infection prior to, or contemporaneously with, the following Medicare-covered services: organ transplant, hematopoietic stem cell transplant, bone marrow transplant, cardiac valve replacement, valvuloplasty procedures, chemotherapy when used in the treatment of cancer, chimeric antigen receptor (CAR) T-cell therapy when used in the treatment of cancer, and administration of high-dose bone-modifying agents (antiresorptive therapy) when used in the treatment of cancer.(B) The reconstruction of a dental ridge performed as a result of and at the same time as the surgical removal of a tumor.(C) The stabilization or immobilization of teeth in connection with the reduction of a jaw fracture, and dental splints only when used in conjunction with covered treatment of a covered medical condition such as dislocated jaw joints.(D) The extraction of teeth to prepare the jaw for radiation treatment of neoplastic disease.(E) Dental or oral examination performed as part of a comprehensive workup prior to, medically necessary diagnostic and treatment services to eliminate an oral or dental infection prior to or contemporaneously with, and medically necessary diagnostic and treatment services to address dental or oral complications after, treatment of head and neck cancer using radiation, chemotherapy, surgery, or any combination of these.(ii) Ancillary services and supplies furnished incident to covered dental services are not excluded, and Medicare payment may be made under Part A or Part B, as applicable, whether the service is performed in the inpatient or outpatient setting, including, but not limited to the administration of anesthesia, diagnostic x-rays, use of operating room, and other related procedures.(j)Personal comfort services, exceptas necessary for the palliation or management of terminal illness as provided in part 418 of this chapter. The use of a television set or a telephone are examples of personalcomfortservices.(k)Any services that are not reasonable and necessaryfor one of the following purposes:(1) For the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member.(2) In the case of hospice services, for the palliation or management of terminal illness, as provided in part 418 of this chapter.(3) In the case of pneumococcal vaccine for the prevention of illness.(4) In the case of the patient outcome assessment program established under section 1875(c) of the Act, for carrying out the purpose of that section.(5) In the case of hepatitis B vaccine, for the prevention of illness for those individuals at high or intermediate risk of contracting hepatitis B. (Section 410.63(a) of this chapter sets forth criteria for identifying those individuals.)(6) In the case of screening mammography, for the purpose of early detection of breast cancer subject to the conditions and limitations specified in  410.34 of this chapter.(7) In the case of colorectal cancer screening tests, for the purpose of early detection of colorectal cancer subject to the conditions and limitations specified in  410.37 of this chapter.(8) In the case of screening pelvic examinations, for the purpose of early detection of cervical or vaginal cancer subject to the conditions and limitations specified in  410.56 of this chapter.(9) In the case of prostate cancer screening tests, for the purpose of early detection of prostate cancer, subject to the conditions and limitations specified in  410.39 of this chapter.(10) In the case of screening exams for glaucoma, for the purpose of early detection of glaucoma, subject to the conditions and limitations specified in  410.23 of this chapter.(11) In the case of initial preventive physical examinations, with the goal of health promotion and disease prevention, subject to the conditions and limitations specified in  410.16 of this chapter.(12) In the case of ultrasound screening for abdominal aortic aneurysms, with the goal of early detection of abdominal aortic aneurysms, subject to the conditions and limitation specified in  410.19 of this chapter.(13) In the case of cardiovascular disease screening tests for the early detection of cardiovascular disease or abnormalities associated with an elevated risk for that disease, subject to the conditions specified in  410.17 of this chapter.(14) In the case of diabetes screening tests furnished to an individual at risk for diabetes for the purpose of the early detection of that disease, subject to the conditions specified in  410.18 of this chapter.(15) In the case of additional preventive services not otherwise described in this title, subject to the conditions and limitation specified in  410.64 of this chapter.(16) In the case of an annual wellness visit providing a personalized prevention plan, subject to the conditions and limitations specified in  410.15 of this subpart.(l)Foot care(1)Basic rule.Except as provided in paragraph (l)(2) of this section, any services furnished in connection with the following:(i)Routine foot care,such as the cutting or removal of corns, or calluses, the trimming of nails, routine hygienic care (preventive maintenance care ordinarily within the realm of self care), and any service performed in the absence of localized illness, injury, or symptoms involving the feet.(ii)The evaluation or treatment of subluxations of the feetregardless of underlying pathology. (Subluxations are structural misalignments of the joints, other than fractures or complete dislocations, that require treatment only by nonsurgical methods.(iii)The evaluation or treatment of flattened arches(including the prescription of supportive devices) regardless of the underlying pathology.(2)Exceptions.(i) Treatment of warts is not excluded.(ii) Treatment of mycotic toenails may be covered if it is furnished no more often than every 60 days or the billing physician documents the need for more frequent treatment.(iii) The services listed in paragraph (l)(1) of this section are not excluded if they are furnished(A) As an incident to, at the same time as, or as a necessary integral part of a primary covered procedure performed on the foot; or(B) As initial diagnostic services (regardless of the resulting diagnosis) in connection with a specific symptom or complaint that might arise from a condition whose treatment would be covered.(m)Services to hospital patients(1)Basic rule.Except as provided in paragraph (m)(3) of this section, any service furnished to an inpatient of a hospital or to a hospital outpatient (as defined in  410.2 of this chapter) during an encounter (as defined in  410.2 of this chapter) by an entity other than the hospital unless the hospital has an arrangement (as defined in  409.3 of this chapter) with that entity to furnish that particular service to the hospital's patients. As used in this paragraph (m)(1), the term hospital includes a CAH.(2)Scope of exclusion.Services subject to exclusion from coverage under the provisions of this paragraph (m) include, but are not limited to, clinical laboratory services; pacemakers and other prostheses and prosthetic devices (other than dental) that replace all or part of an internal body organ (for example, intraocular lenses); artificial limbs, knees, and hips; equipment and supplies covered under the prosthetic device benefits; and services incident to a physician service.(3)Exceptions.The following services are not excluded from coverage:(i) Physicians' services that meet the criteria of  415.102(a) of this chapter for payment on a reasonable charge or fee schedule basis.(ii) Physician assistant services, as defined in section 1861(s)(2)(K)(i) of the Act, that are furnished after December 31, 1990.(iii) Nurse practitioner and clinical nurse specialist services, as defined in section 1861(s)(2)(K)(ii) of the Act.(iv) Certified nurse-midwife services, as defined in section 1861(ff) of the Act, that are furnished after December 31, 1990.(v) Qualified psychologist services, as defined in section 1861(ii) of the Act, that are furnished after December 31, 1990.(vi) Services of an anesthetist, as defined in  410.69 of this chapter.(n)Certain services of an assistant-at-surgery.(1) Services of an assistant-at-surgery in a cataract operation (including subsequent insertion of an intraocular lens) unless, before the surgery is performed, the appropriate QIO or a carrier has approved the use of such an assistant in the surgical procedure based on the existence of a complicating medical condition.(2) Services on an assistant-at-surgery in a surgical procedure (or class of surgical procedures) for which assistants-at-surgery on average are used in fewer than 5 percent of such procedures nationally.(o) Experimental or investigational devices, except for certain devices.(1) Categorized by the FDA as a Category B (Nonexperimental/investigational) device as defined in  405.201(b) of the chapter; and(2) Furnished in accordance with the coverage requirements in  405.211(b).(p)Services furnished to SNF residents(1)Basic rule.Except as provided in paragraph (p)(2) of this section, any service furnished to a resident of an SNF during a covered Part A stay by an entity other than the SNF, unless the SNF has an arrangement (as defined in  409.3 of this chapter) with that entity to furnish that particular service to the SNF's residents. Services subject to exclusion under this paragraph include, but are not limited to(i) Any physical, occupational, or speech-language therapy services, regardless of whether the services are furnished by (or under the supervision of) a physician or other health care professional, and regardless of whether the resident who receives the services is in a covered Part A stay; and(ii) Services furnished as an incident to the professional services of a physician or other health care professional specified in paragraph (p)(2) of this section.(2)Exceptions.The following services are not excluded from coverage, provided that the claim for payment includes the SNF's Medicare provider number in accordance with  424.32(a)(5) of this chapter:(i) Physicians' services that meet the criteria of  415.102(a) of this chapter for payment on a fee schedule basis.(ii) Services performed under a physician's supervision by a physician assistant who meets the applicable definition in section 1861(aa)(5) of the Act.(iii) Services performed by a nurse practitioner or clinical nurse specialist who meets the applicable definition in section 1861(aa)(5) of the Act and is working in collaboration (as defined in section 1861(aa)(6) of the Act) with a physician.(iv) Services performed by a certified nurse-midwife, as defined in section 1861(gg) of the Act.(v) Services performed by a qualified psychologist, as defined in section 1861(ii) of the Act.(vi) Services performed by a marriage and family therapist, as defined in section 1861(lll)(2) of the Act.(vii) Services performed by a mental health counselor, as defined in section 1861(lll)(4) of the Act.(viii) Services performed by a certified registered nurse anesthetist, as defined in section 1861(bb) of the Act.(ix) Dialysis services and supplies, as defined in section 1861(s)(2)(F) of the Act, and those ambulance services that are furnished in conjunction with them.(x) Erythropoietin (EPO) for dialysis patients, as defined in section 1861(s)(2)(O) of the Act.(xi) Hospice care, as defined in section 1861(dd) of the Act.(xii) An ambulance trip that initially conveys an individual to the SNF to be admitted as a resident, or that conveys an individual from the SNF in connection with one of the circumstances specified in paragraphs (p)(3)(i) through (p)(3)(iv) of this section as ending the individual's status as an SNF resident.(xiii) The transportation costs of electrocardiogram equipment (HCPCS code R0076), but only with respect to those electrocardiogram test services furnished during 1998.(xiv) Services described in paragraphs (p)(2)(i) through (viii) of this section when furnished via telehealth under section 1834(m)(4)(C)(ii)(VII) of the Act.(xv) Those chemotherapy items identified, as of July 1, 1999, by HCPCS codes J9000-J9020, J9040-J9151, J9170-J9185, J9200-J9201, J9206-J9208, J9211, J9230-J9245, and J9265-J9600, and as of January 1, 2004, by HCPCS codes A9522, A9523, A9533, and A9534 (as subsequently modified by CMS), and any additional chemotherapy items identified by CMS.