Sec. 514. Oversight of Medicare coverage of manual manipulation of the spine to correct subluxation
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Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended by adding at the end the following new subsection: The Secretary shall implement a process for the medical review (as described in paragraph (2)) of treatment by a chiropractor described in section 1861(r)(5) by means of manual manipulation of the spine to correct a subluxation (as described in such section) of an individual who is enrolled under this part and apply such process to such services furnished on or after January 1, 2017, focusing on services such as— services furnished by a such a chiropractor whose pattern of billing is aberrant compared to peers; and services furnished by such a chiropractor who, in a prior period, has a services denial percentage in the 85th percentile or greater, taking into consideration the extent that service denials are overturned on appeal.
Subject to clause (ii), the Secretary shall use prior authorization medical review for services described in paragraph
(1)that are furnished to an individual by a chiropractor described in section 1861(r)(5) that are part of an episode of treatment that includes more than 12 services. For purposes of the preceding sentence, an episode of treatment shall be determined by the underlying cause that justifies the need for services, such as a diagnosis code. The Secretary shall end the application of prior authorization medical review under clause
(i)to services described in paragraph
(1)by such a chiropractor if the Secretary determines that the chiropractor has a low denial rate under such prior authorization medical review. The Secretary may subsequently reapply prior authorization medical review to such chiropractor if the Secretary determines it to be appropriate and the chiropractor has, in the time period subsequent to the determination by the Secretary of a low denial rate with respect to the chiropractor, furnished such services described in paragraph (1). Nothing in this subsection shall be construed to prevent such a chiropractor from requesting prior authorization for services described in paragraph
(1)that are to be furnished to an individual before the chiropractor furnishes the twelfth such service to such individual for an episode of treatment. The Secretary may use pre-payment review or post-payment review of services described in section 1861(r)(5) that are not subject to prior authorization medical review under subparagraph (A). The Secretary may determine that medical review under this subsection does not apply in the case where potential fraud may be involved. With respect to a service described in paragraph
(1)for which prior authorization medical review under this subsection applies, the following shall apply: The Secretary shall make a determination, prior to the service being furnished, of whether the service would or would not meet the applicable requirements of section 1862(a)(1)(A). Subject to paragraph (5), no payment may be made under this part for the service unless the Secretary determines pursuant to subparagraph
(A)that the service would meet the applicable requirements of such section 1862(a)(1)(A). A chiropractor described in section 1861(r)(5) may submit the information necessary for medical review by fax, by mail, or by electronic means. The Secretary shall make available the electronic means described in the preceding sentence as soon as practicable. If the Secretary does not make a prior authorization determination under paragraph (3)(A) within 14 business days of the date of the receipt of medical documentation needed to make such determination, paragraph (3)(B) shall not apply. Where payment may not be made as a result of the application of paragraph (2)(B), section 1879 shall apply in the same manner as such section applies to a denial that is made by reason of section 1862(a)(1). The medical review described in paragraph
(2)may be conducted by medicare administrative contractors pursuant to section 1874A(a)(4)(G) or by any other contractor determined appropriate by the Secretary that is not a recovery audit contractor. The Secretary shall, where practicable, apply the medical review under this subsection in a manner so as to allow an individual described in paragraph
(1)to obtain, at a single time rather than on a service-by-service basis, an authorization in accordance with paragraph (3)(A) for multiple services. With respect to a service described in paragraph
(1)that has been affirmed by medical review under this subsection, nothing in this subsection shall be construed to preclude the subsequent denial of a claim for such service that does not meet other applicable requirements under this Act. The Secretary may implement the provisions of this subsection by interim final rule with comment period. Chapter 35 of title 44, United States Code, shall not apply to medical review under this subsection. . The Secretary of Health and Human Services shall, in consultation with stakeholders (including the American Chiropractic Association) and representatives of medicare administrative contractors (as defined in section 1874A(a)(3)(A) of the Social Security Act ( 42 U.S.C. 1395kk–1(a)(3)(A) )), develop educational and training programs to improve the ability of chiropractors to provide documentation to the Secretary of services described in section 1861(r)(5) in a manner that demonstrates that such services are, in accordance with section 1862(a)(1) of such Act ( 42 U.S.C. 1395y(a)(1) ), reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member. The Secretary shall make the educational and training programs described in paragraph
(1)publicly available not later than January 1, 2016. The Secretary shall use funds made available under paragraph
(10)of section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) ), as added by section 505, to carry out this subsection. The Comptroller General of the United States shall conduct a study on the effectiveness of the process for medical review of services furnished as part of a treatment by means of manual manipulation of the spine to correct a subluxation implemented under subsection
(z)of section 1833 of the Social Security Act ( 42 U.S.C. 1395l ), as added by subsection (a). Such study shall include an analysis of— aggregate data on— the number of individuals, chiropractors, and claims for services subject to such review; and the number of reviews conducted under such section; and the outcomes of such reviews. Not later than four years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), including recommendations for such legislation and administrative action with respect to the process for medical review implemented under subsection
(z)of section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) as the Comptroller General determines appropriate.
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- 42 USC 1395kk–1(a)(3)(A)
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Sec. 514
Oversight of Medicare coverage of manual manipulation of the spine to correct subluxation
Cite42 USC 1395kk–1(a)(3)(A)
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