CABINET FOR HEALTH AND FAMILY SERVICES
Department for Medicaid Services
Division of Policy and Operations
(As Amended at ARRS, May 13, 2014)
††††† RELATES TO: KRS 205.520
††††† STATUTORY AUTHORITY: KRS 194A.030(2), 194A.050(1), 205.520(3), 42 C.F.R. 440.130, 42 U.S.C. 1396d(a)(13)(C)
††††† NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and Family Services, Department for Medicaid Services, has a responsibility to administer the Medicaid Program. KRS 205.520(3) authorizes the cabinet, by administrative regulation, to comply with any requirement that may be imposed or opportunity presented by federal law to qualify for federal Medicaid funds. This administrative regulation establishes the Medicaid Program coverage provisions and requirements regarding occupational therapy services provided by an independent occupational therapist or occupational therapy assistant working under the direct supervision of an independent occupational therapist.
††††† Section 1. Provider Participation. (1)(a) To be eligible to provide and be reimbursed for an occupational therapy service as an independent provider, a provider shall be:
††††† 1. Currently enrolled in the Kentucky Medicaid Program in accordance with 907 KAR 1:672;
††††† 2. Except as established in paragraph (b) of this subsection, currently participating in the Kentucky Medicaid Program in accordance with 907 KAR 1:671; and
††††† 3. Except as provided in subsection (2) of this section, an occupational therapist.
††††† (b) In accordance with 907 KAR 17:015, Section
3(3), a provider of a service to an enrollee shall not be required to be
currently participating in the fee-for-service Medicaid Program
if the managed care organization in which the enrollee is
enrolled does not require the provider to be currently participating in the
††††† (2) Occupational therapy services provided in accordance with Section 2 of this administrative regulation by an occupational therapy assistant who works under the direct supervision of an occupational therapist who meets the requirements in subsection (1) of this section shall be reimbursable if the occupational therapist is the biller for the services.
††††† Section 2. Coverage and Limit. (1) The department shall reimburse for an occupational therapy service if:
††††† (a) The service:
††††† 1. Is provided:
††††† a. By an:
††††† (i) Occupational therapist who meets the requirements in Section 1(1) of this administrative regulation; or
††††† (ii) Occupational therapy assistant who works under the direct supervision of an occupational therapist who meets the requirements in Section 1(1) of this administrative regulation; and
††††† b. To a recipient;
††††† 2. Is ordered for the recipient by a physician, physician assistant, or advanced practice registered nurse for:
††††† a. Maximum reduction of a physical or intellectual disability; or
††††† b. Restoration of a recipient to the recipientís best possible functioning level;
††††† 3. Is prior authorized; and
††††† 4. Is medically necessary; and
††††† (b) A specific amount of visits is requested for the recipient by an occupational therapist, physician, physician assistant, or an advanced practice registered nurse.
††††† (2)(a) There shall be an annual limit of twenty (20) occupational therapy service visits per recipient per calendar year except as established in paragraph (b) of this subsection.
††††† (b) The limit established in paragraph (a) of this subsection may be exceeded if services in excess of the limits are determined to be medically necessary by the:
††††† 1. Department, if the recipient is not enrolled with a managed care organization; or
††††† 2. Managed care organization in which the enrollee is enrolled, if the recipient is an enrollee.
††††† (c) Prior authorization by the department shall be required for each service visit that exceeds the limit established in paragraph (a) of this subsection for a recipient who is not enrolled with a managed care organization.
††††† Section 3. No Duplication of Service. (1) The department shall not reimburse for an occupational therapy service provided to a recipient by more than one (1) provider of any program in which occupational therapy services are covered during the same time period.
††††† (2) For example, if a recipient is receiving an occupational therapy service from an occupational therapist enrolled with the Medicaid Program, the department shall not reimburse for the same occupational therapy service provided to the same recipient during the same time period via the home health program.
††††† Section 4. Records Maintenance, Protection, and Security. (1) A provider shall maintain a current health record for each recipient.
††††† (2) A health record shall document each service provided to the recipient including the date of the service and the signature of the individual who provided the service.
††††† (3) The individual who provided the service shall date and sign the health record on the date that the individual provided the service.
††††† (4)(a) Except as established in paragraph (b) of this subsection, a provider shall maintain a health record regarding a recipient for at least five (5) years from the date of the service or until any audit dispute or issue is resolved beyond five (5) years.
††††† (b) If the secretary of the United States Department of Health and Human Services requires a longer document retention period than the period referenced in paragraph (a) of this subsection, pursuant to 42 C.F.R. 431.17, the period established by the secretary shall be the required period.
††††† (5) A provider shall comply with 45 C.F.R. Part 164.
††††† Section 5. Medicaid Program Participation Compliance. (1) A provider shall comply with:
††††† (a) 907 KAR 1:671;
††††† (b) 907 KAR 1:672; and
††††† (c) All applicable state and federal laws.
††††† (2)(a) If a provider receives any duplicate payment or overpayment from the department, regardless of reason, the provider shall return the payment to the department.
††††† (b) Failure to return a payment to the department in accordance with paragraph (a) of this subsection may be:
††††† 1. Interpreted to be fraud or abuse; and
††††† 2. Prosecuted in accordance with applicable federal or state law.
††††† Section 6. Third Party Liability. A provider shall comply with KRS 205.622.
††††† Section 7. Use of Electronic Signatures. (1) The creation, transmission, storage, and other use of electronic signatures and documents shall comply with the requirements established in KRS 369.101 to 369.120.
††††† (2) A provider that chooses to use electronic signatures shall:
††††† (a) Develop and implement a written security policy that shall:
††††† 1. Be adhered to by each of the provider's employees, officers, agents, or contractors;
††††† 2. Identify each electronic signature for which an individual has access; and
††††† 3. Ensure that each electronic signature is created, transmitted, and stored in a secure fashion;
††††† (b) Develop a consent form that shall:
††††† 1. Be completed and executed by each individual using an electronic signature;
††††† 2. Attest to the signature's authenticity; and
††††† 3. Include a statement indicating that the individual has been notified of his or her responsibility in allowing the use of the electronic signature; and
††††† (c) Provide the department, immediately upon request, with:
††††† 1. A copy of the provider's electronic signature policy;
††††† 2. The signed consent form; and
††††† 3. The original filed signature[
††††† Section 9. Federal Approval and Federal Financial Participation. The departmentís coverage of services pursuant to this administrative regulation shall be contingent upon:
††††† (1) Receipt of federal financial participation for the coverage; and
††††† (2) Centers for Medicare and Medicaid Servicesí approval for the coverage.
††††† Section 10. Appeal Rights[
(1) An appeal of an adverse action by the department regarding a service and a recipient
who is not enrolled with a managed care organization shall be in accordance
with 907 KAR 1:563.
††††† (2) An appeal of an adverse action by a managed care organization regarding a service and an enrollee shall be in accordance with 907 KAR 17:010.
LAWRENCE KISSNER, Commissioner
AUDREY TAYSE HAYNES, Secretary
††††† APPROVED BY AGENCY: December 19, 2013
††††† FILED WITH LRC: December 26, 2013 at 4 p.m.
††††† CONTACT PERSON: Tricia Orme, email@example.com, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40601, phone (502) 564-7905, fax (502) 564-7573.