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CHAPTER 1221. CLINIC AND EMERGENCY ROOM SERVICES
GENERAL PROVISIONS Sec.
1221.1. Policy.
1221.2. Definitions.
SCOPE OF BENEFITS
1221.21. Scope of benefits for the categorically needy.
1221.22. Scope of benefits for the medically needy.
1221.23. Scope of benefits for State Blind Pension recipients.
1221.24. Scope of benefits for General Assistance recipients.
PROVIDER PARTICIPATION
1221.41. Participation requirements.
1221.42. Additional participation requirements for hospital clinics and emergency rooms.
1221.43. Participation requirements for hospital clinics and emergency rooms for higher reimbursement rate.
1221.44. Additional participation requirements for independent clinics.
1221.45. Additional participation requirements for medical school clinics.
1221.46. Ongoing responsibilities of providers.
PAYMENT FOR CLINIC AND EMERGENCY ROOM SERVICES
1221.51. General payment policy.
1221.52. Payment conditions for various services.
1221.55. Payment conditions for sterilizations.
1221.57. Payment conditions for necessary abortions.
1221.58. Limitations on payment.
1221.59. Noncompensable services and items.
UTILIZATION CONTROL
1221.71. Scope of claims review procedures.
ADMINISTRATIVE SANCTIONS
1221.81. Provider misutilization.Authority The provisions of this Chapter 1221 issued under sections 403, 443.3(1) and 443.3(2)(ii) of the Public Welfare Code (62 P. S. § § 403, 443.3(1), and 443.3(2)(ii)), unless otherwise noted.
Source The provisions of this Chapter 1221 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599, unless otherwise noted.
Cross References This chapter cited in 55 Pa. Code § 1101.31 (relating to scope); 55 Pa. Code § 1101.95 (relating to conflicts between general and specific provisions); 55 Pa. Code § 1150.56 (relating to medical services); and 55 Pa. Code § 1151.41 (relating to general payment policy).
GENERAL PROVISIONS
§ 1221.1. Policy.
The MA Program provides payment for clinic and emergency room services rendered to eligible recipients by hospital clinics and emergency rooms, medical school clinics and independent clinics that are enrolled as providers under the program. Payment is subject to this chapter and Chapters 1101 and 1150 (relating to general provisions; and MA Program payment policies) and the MA Program fee schedule.
Source The provisions of this § 1221.1 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932; amended September 30, 1988, effective October 1, 1988, 18 Pa.B. 4418. Immediately preceding text appears at serial page (117476).
§ 1221.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AbortionThe deliberate termination of a pregnancy.
Acute illnessA brief illness marked by the sudden onset of severe symptoms.
ClinicA hospital clinic, medical school clinic, or independent clinic that provides preventative, diagnostic, therapeutic, rehabilitative or palliative services on an outpatient basis. The clinic is distinct from a group practice in that it has a director, an organized structure, a written program designed to implement the objectives of the clinic, and a professional and administrative quality review program that evaluates the effectiveness of the outpatient service in relation to the stated objectives.
Contract physicianA physician who is paid for professional services by salary or other arrangement such as hourly wage or per diem, by an employer such as a hospital, clinic, or governmental agency. An individual physician may be both an independent and contract physician. The fact that a physician is under contract does not preclude the physician from providing services on a fee for service basis to the private patients of the physician.
Emergency accident careThe initial examination and treatment performed in connection with and within 72 hours following an injury. Examples of emergency accident care include but is not limited to the following: removal of foreign body in the eye, treatment of abrasions, contusions, acute sprains or strains, nose bleedscaused by trauma, insect bites or stings, choking on food, drink, or foreign body, resuscitation of drowning or smoke inhalation victims, or treatment of concussion, or poisoningchemical or drug.
Emergency medical careedical care rendered in response to the sudden onset of a medical condition requiring medical, not surgical, intervention to sustain the life of the person or to prevent damage to the persons health and which the recipient secures immediately after the onset, or as soon thereafter as the care can be made available, but in no case later than 72 hours after the onset. In order to determine whether a medical emergency existed and, therefore, whether benefits for outpatient services in connection with the treatment of the condition are payable on an emergency basis, the following criteria shall be applied:
(i) Severe symptoms have to occurThe symptoms must be sufficiently severe to cause a person to seek immediate medical aid. Some symptoms or conditions indicating medical emergency care are listed in Appendix A.
(ii) Severe symptoms must occur suddenly and unexpectedlySubacute symptoms of a chronic condition would not qualify as a medical emergency. However, chronic symptoms that suddenly become severe enough to require immediate intervention would qualify.
Hospital emergency roomAn entity within a hospital, organizationally distinct from other outpatient facilities, the primary function of which is to provide emergency accident and emergency medical or surgical care.
Hospital outpatient clinicA hospital operated facility that provides primary nonemergency health care on an outpatient basis. The hospital may contract out this function but the hospital shall be recognized as the provider.
Hospital outpatient departmentAn organizational division of a hospital composed of hospital outpatient clinics designed to provide comprehensive or specialized medical care on an outpatient basis. For the purpose of reimbursement under this chapter, a hospital outpatient department shall not include the hospital emergency room, outpatient psychiatric clinic, or outpatient drug and alcohol clinic when the hospital operates such facilities directly or through contract agreements. Reimbursement for outpatient psychiatric services are subject to Chapter 1153 (relating to outpatient psychiatric services). Reimbursement for outpatient drug and alcohol services are subject to Chapter 1223 (relating to outpatient drug and alcohol clinic services).
Independent medical clinicA free-standing facility which provides comprehensive primary health care and which is neither located in a hospital owned nor under the management and control of the hospital. An independent medical clinic shall be operated by a public or private nonprofit corporation other than a hospital or corporation that owns or operates a hospital.
Independent physicianA physician who is paid for professional services on a fee-for-service basis. The physician may be in private practice alone or in a group with other physicians. An independent physician or group may be incorporated.
Institutionalized individualA person who is one of the following:(i) involuntarily detained under a civil or criminal statute in a correctional, rehabilitative or mental retardation facility including a psychiatric hospital or other facility for the care and treatment of mental illness or mental retardation.
(ii) confined under voluntary commitment in a psychiatric hospital, mental retardation facility or other facility for the care and treatment of mental illness or mental retardation.
Medical school clinicA primary health care facility operated by a medical college located in the Commonwealth of Pennsylvania which has been fully accredited by the Association of American Medical Colleges or the American Medical Association and which has an agreement with a hospital to serve as its outpatient department.
Medical school outpatient departmentA term used to describe collectively all medical school clinics operated by a medical college. For the purpose of reimbursement under this chapter, a medical school outpatient department shall not include the outpatient psychiatric clinic or outpatient drug and alcohol clinic regardless of whether the medical school operates such facilities directly or through contract agreements. Reimbursement for outpatient psychiatric services are subject to Chapter 1153. Reimbursement for outpatient drug and alcohol services are subject to Chapter 1223.
Mentally incompetent individualA person who has been declared mentally incompetent by a Federal, State or local court of competent jurisdiction for any purpose unless he has been declared competent for the purposes which include the ability to consent to sterilization.
Noncompensable itemA service a provider furnishes for which there is no provision for payment under MA regulations.
Nonemergency medical servicesA compensable physicians services provided for conditions not requiring immediate medical intervention in order to sustain the life of the person or to prevent damage to his health.
NonprofitA term which describes a private agency, institution or organization which is a corporation or association, or is owned or operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure to the benefit of a private shareholder or individual.
PhysicianAn individual licensed under the laws of the Commonwealth to practice medicine and surgery within the scope of the Medical Practice Act 1974 (63 P. S. § 421.11) or the Osteopathic Medical Practice Act (63 P. S. § § 271.1271.18).
Primary health carePreventive, diagnostic, therapeutic, rehabilitative or palliative services provided by or under the supervision of a physician.
Rural health clinicA clinic that is located in a rural area designated by the Department of Health and Human Services as a shortage area with respect to primary health care. Rural health clinics so designated participate in the Medical Assistance program subject to the regulations set forth in Chapter 1229 (relating to health maintenance organization services).
Support servicesThe basic facilities, supplies and ancillary services necessary to deliver health care on an outpatient basis.
Surgical servicesThose procedures listed in the Medical Assistance program fee schedule.
VisitA face-to-face encounter between a patient and a member of the independent clinic, hospital outpatient department or hospital emergency room staff for the purpose of receiving medical services provided by or under the direction of a physician. Encounters with more than one health professional and multiple encounters with the same health professional which take place on the same day constitute a single visit.
Source The provisions of this § 1221.2 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932; amended September 30, 1988, effective October 1, 1988, 18 Pa.B. 4418. Immediately preceding text appears at serial pages (117476) and (86849) to (86852).
Cross References This section cited in 55 Pa. Code § 1221.55 (relating to payment conditions for sterilizations).
SCOPE OF BENEFITS
§ 1221.21. Scope of benefits for the categorically needy.
Categorically needy recipients are eligible for medically necessary services prescribed by a physician and provided in a clinic or emergency room subject to the conditions and limitations established in this chapter and Chapter 1101 (relating to general provisions).
Source The provisions of this § 1221.21 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599.
§ 1221.22. Scope of benefits for the medically needy.
Medically needy recipients are eligible for medically necessary services prescribed by a physician and provided in a clinic or emergency room subject to the conditions and limitations established in this chapter and Chapter 1101 (relating to general provisions).
Source The provisions of this § 1221.22 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599.
§ 1221.23. Scope of benefits for State Blind Pension recipients.
State Blind Pension recipients are not eligible for clinic and emergency room services. Blind and visually impaired individuals, however, are eligible for services if they qualify as categorically needy or medically needy recipients.
Source The provisions of this § 1221.23 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599.
§ 1221.24. Scope of benefits for General Assistance recipients.
General Assistance recipients, age 21 to 65, whose MA benefits are funded solely by State funds, are eligible for medically necessary basic health care benefits as defined in Chapter 1101 (relating to general provisions). See § 1101.31(e) (relating to scope).
Source The provisions of this § 1221.24 adopted December 11, 1992, effective January 1, 1993, 22 Pa.B. 5995.
PROVIDER PARTICIPATION
§ 1221.41. Participation requirements.
(a) In addition to the participation requirements established in Chapter 1101 (relating to general provisions) clinics and hospital emergency rooms shall:
(1) Have an established fee schedule for billing third parties and private payors.
(2) Have a patient referral process that ensures follow up treatment by other physicians or appropriate specialists.
(3) Abide by applicable Federal and State statutes and regulations, including but not limited to Title XIX of the Social Security Act (42 U.S.C.A. § § 13961396p), the Public Welfare Code (62 P. S. § 443.1 et seq.) and applicable licensing statutes.
(b) In addition to the participation requirements set forth in subsection (a) hospital clinics, medical school clinics and independent medical clinics shall:
(1) Not be enrolled in the MA Program as a Rural Health Clinic.
(2) Be licensed/approved by the Department of Health if abortions are performed in the facility.
Source The provisions of this § 1221.41 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932. Immediately preceding text appears at serial pages (58131) and (79327).
Cross References This section cited in 55 Pa. Code § 1221.42 (relating to additional participation requirements for hospital clinics and emergency rooms); 55 Pa. Code § 1221.44 (relating to additional participation requirements for independent clinics); and 55 Pa. Code § 1221.45 (relating to additional participation requirements for medical school clinics).
§ 1221.42. Additional participation requirements for hospital clinics and emergency rooms.
In addition to the participation requirements listed in § 1221.41 (relating to participation requirements) hospital outpatient clinics and hospital emergency rooms shall:
(1) Be operated by the hospital directly or under written contract with private physicians or physician group practice.
(2) Be part of an institution that is licensed/approved as a hospital by the Department of Health and that meets the requirements for participation in Medicare.
(3) Be organizationally integrated with the inpatient services of the hospital and have the authority to admit patients to the hospital.
Source The provisions of this § 1221.42 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599.
§ 1221.43. Participation requirements for hospital clinics and emergency rooms for higher reimbursement rate.
To be eligible to bill for the higher MA fee identified in Chapter 1150 (relating to MA Program payment policies) and the MA Program fee schedule outpatient hospital clinics and emergency rooms shall:
(1) Provide comprehensive medical services for a minimum of 40 hours per week. Outpatient hospital clinics meet this requirement if the outpatient department of the hospital is open and provides some clinic service 40 hours per week.
(2) Have a licensed physician present in the clinic or emergency room at all times during scheduled hours of operation to perform medical services. A physician shall be responsible for the overall management of patient care.
(3) Be approved by the Department for higher reimbursement rate.
Authority The provisions of this § 1221.43 issued under section 443.3(1) of the Public Welfare Code (62 P. S. § 443.3(1)).
Source The provisions of this § 1221.43 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended through December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932; amended September 30, 1988, effective October 1, 1988, 18 Pa.B. 4418. Immediately preceding text appears at serial pages (86853) to (86854).
Cross References The provisions of this § 1221.44 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599.
§ 1221.45. Additional participation requirements for medical school clinics.
In addition to the participation requirements listed in § 1221.41 (relating to participation requirements) medical school clinics shall:
(1) Meet requirements set forth in § 1221.43(1) and (2) (relating to participation requirements for hospital clinics and emergency rooms for higher reimbursement rate).
(2) Have an agreement with a hospital to serve as the outpatient department of the hospital.
Source The provisions of this § 1221.45 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599.
§ 1221.46. Ongoing responsibilities of providers.
Ongoing responsibilities of providers are established in Chapter 1101 (relating to general provisions).
Source The provisions of this § 1221.46 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599.
PAYMENT FOR CLINIC AND EMERGENCY ROOM SERVICES
§ 1221.51. General payment policy.
Payment for clinic and emergency room services is subject to the conditions and limitations in this chapter and Chapters 1101 and 1150 (relating to general provisions; and MA Program payment policies) and the MA Program Fee Schedule. The following describes the payment policies applicable to hospital outpatient clinics, medical school clinics, independent medical clinics and hospital emergency rooms.
(1) Hospital outpatient clinics, medical school clinics and independent medical clinics have the option of billing either the fee for a specific compensable procedure performed in the clinic or, but not in addition to, the flat visit fee except as noted in paragraph (7). Compensable procedures are specified in the MA Program Fee Schedule. The visit fee includes the professional, technical and support components of a clinic visit. The visit fee includes medical services rendered by a physician or under the supervision of a physician, drugs and biologicals administered or provided during the clinic visit and services and supplies commonly rendered without charge and incident to professional services. Visit fees are listed in the MA Program Fee Schedule. Specific vaccines, as determined by the Department, and listed in Chapter 1241, Appendix D (relating to EPSDT immunization guidelinesstatement of policy) are excluded from the established clinic fee and may be billed separately by clinics approved by the Department.
(2) Reimbursement for abortions performed in a clinic meeting the conditions set forth in § 1221.57 (relating to payment conditions for necessary abortions) is made on a component basis as listed in the MA Program Fee Schedule.
(3) The usual and customary charge to the general public for independent clinics with fee schedules based on the ability of the patient to pay shall be the most frequent charge to the self-paying public for the same service in the preceding calendar month.
(4) Hospital emergency rooms are paid a support component and a physicians component as set forth in Chapter 1150. Diagnostic and radiology services are compensable in addition to the physicians component as specified in paragraph (7).
(5) The hospital is considered the provider regardless of whether the hospital clinics are operated directly by the hospital or through contract between the hospital and other organizations or individuals. The hospital is responsible for the delivery of service and for billings.
(6) The medical school is considered the provider for all services provided by medical school clinics and is responsible for the delivery of the service and for billings.
(7) Diagnostic medical services, such as electrocardiograms, electroencephalograms, electromyographies and diagnostic or therapeutic radiology services provided during routine examination and treatment services are compensable in addition to the flat visit fee or fee for a specific compensable procedure. Endoscopic procedures, such as rhinoscopy, otoscopy or indirect laryngoscopy performed in the course of the visit are not compensable in addition to the flat visit fee.
(8) When two or more surgical operations are performed at the same time, or during the same visit, the procedure carrying the highest fee will be paid in full, plus 25% of the fee for the next highest procedure, with no allowance for additional procedures. The total fee allowance may not exceed $200.
Source The provisions of this § 1221.51 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932; amended September 30, 1988, effective October 1, 1988, 18 Pa.B. 4418; amended January 24, 1992, effective November 9, 1991, 22 Pa.B. 361. Immediately preceding text appears at serial pages (131082) and (150219).
Cross References This section cited in 55 Pa. Code § 1147.53 (relating to limitations on payment); 55 Pa. Code § 1221.58 (relating to limitations on payment); and 55 Pa. Code § 1221.59 (relating to noncompensable services and items).
§ 1221.52. Payment conditions for various services.
In order for payment to be made for a clinic visit or for emergency room services, the following conditions shall be met:
(1) The services shall be provided at the clinic or emergency room site.
(2) The services shall be provided by, or under the supervision of a physician.
(3) Payment for the service shall not be available through another public or private agency.
Source The provisions of this § 1221.57 issued under the Public Welfare Code (62 P. S. § 453).
Source The provisions of this § 1221.57 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended February 13, 1981, effective February 15, 1981, 11 Pa.B. 657; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2770. Immediately preceding text appears at serial pages (60745) and (60746).
Cross References The provisions of this § 1221.58 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932. Immediately preceding text appears at serial page (58138).
§ 1221.59. Noncompensable services and items.
Payment will not be made to clinics or emergency rooms for the following services or items:
(1) Services rendered in the hospital emergency room to a recipient who is admitted to the hospital the same day.
(2) Services and procedures that are available through other public agencies or private insurance plans.
(3) Physicians services not listed in the MA Program Fee Schedule.
(4) Methadone maintenance.
(5) Prescribed medications and medical supplies. Payment for these services is made only to participating pharmacies and medical suppliers. Section 1221.51(1) (relating to general payment policy) describes an exception for specific vaccines provided in hospital outpatient clinics, if the hospital does not have a pharmacy enrolled in the MA Program, and independent medical/surgical clinics.
(6) Laboratory services. Payment for these services will be made only to participating laboratories.
(7) Surgical procedures and medical care provided in connection with sex reassignment. This includes, hormone therapy and release of vaginal adhesions.
(8) More than one flat visit fee or fee for a specific compensable service provided by an independent medical clinic, hospital outpatient department, medical school outpatient department or hospital emergency room on the same day, regardless of specialty, except as noted in § 1221.51(6) and (7).
(9) Nonemergency use of the emergency room. Services to patients who do not exhibit symptoms or have a diagnosis that is listed in Appendix A are not reimbursable unless the recipient declares that he does not have access to a primary care physician or an outpatient clinic to treat nonemergency situations. The hospital emergency room staff and the emergency room physician shall document in the patients medical record the declaration of no access to primary care.
Authority The provisions of this § 1221.59 amended under sections 201(2) and 443.3 of the Public Welfare Code (62 P. S. § § 201(2) and 443.3).
Source The provisions of this § 1221.59 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932; amended September 30, 1988, effective October 1, 1988, 18 Pa.B. 4418; amended January 24, 1992, effective November 9, 1991, 22 Pa.B. 361; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3983. Immediately preceding text appears at serial pages (166155) to (166156).
UTILIZATION CONTROL
§ 1221.71. Scope of claims review procedures.
Claims submitted for payment under the MA Program are subject to the utilization review procedures established in Chapter 1101 (relating to general provisions).
Source The provisions of this § 1221.71 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599.
ADMINISTRATIVE SANCTIONS
§ 1221.81. Provider misutilization.
Providers determined to have billed for services inconsistent with MA Program regulations, to have provided services outside the scope of customary standards of medical practice, or to have otherwise violated the standards set forth in the provider agreement, are subject to the sanctions described in Chapter 1101 (relating to general provisions).
Source The provisions of this § 1221.81 adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599.
APPENDIX A
MEDICAL EMERGENCY
CARE SYMPTOMS
Allergy Reactions, Acute
(Except Allergy Tests)Glaucoma, Severe
Headache, SevereAppendicitis, Acute Heart Attack, Suspected Asthma, Acute Hemorrhage Breathing Difficulties or
Shortness of BreathHysteria
Insulin Shock (Overdose)Bronchitis, Severe Kidney Stones Bursitis, Severe Onset Maternity Complications, such Chest Pain, Severe as Suspected Miscarriage Choking Pain, Sudden or Severe Onset Colitis Pleurisy Coma Pneumonitis Convulsions and/or Seizures Poisoning (including overdose) Cystitis Pyelitis Dermatitis or Hives (Resulting
from Internal or Unknown
Causes)Pyelonephritis (Shock)
Spasms, Cerebral or Cardiac
Spontaneous PneumothoraxDiabetic Coma Stomach Pains, Severe Diarrhea, Severe Strangulated Hernia Drug Reaction Stroke Earache, Severe Sunstroke Epistaxis (nosebleed) Swollen Ring Finger Fainting Tachycardia Fecal Impaction, Severe Thrombosis and/or Phlebitis Food Poisoning Unconsciousness Frost Bite Urinary Retention, Acute Gall Bladder, Acute Attack Vision loss, Sudden Onset Gastritis Vomiting, Severe Gastro-intestinal Conditions Acute
Source The provisions of this Appendix A adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932. Immediately preceding text appears at serial page (79331).
APPENDIX B. [Reserved]
Source The provisions of this Appendix B adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2770; reserved December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932. Immediately preceding text appears at serial pages (79331) to (79332).
APPENDIX C. [Reserved]
Source The provisions of this Appendix C adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; reserved December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932. Immediately preceding text appears at serial pages (79332) and (60960).
APPENDIX D. [Reserved]
Source The provisions of this Appendix D adopted December 5, 1980, effective December 1, 1980, 10 Pa.B. 4599; amended February 13, 1981, effective February 15, 1981, 11 Pa.B. 657; reserved December 23, 1983, effective January 1, 1983, 13 Pa.B. 3932. Immediately preceding text appears at serial pages (60960) to (60965).
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