The purpose of this post is to help assist healthcare providers and the public with questions they have concerning topics related to Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance.. The Callagy Law team is knowledgeable in all aspects of these sorts of legal matters and will frequently post topics in this field. We hope to have this article shine a light on many common questions.
In the heavily regulated world of PIP (personal injury protection), it is important to distinguish between facility fees and physician’s fees, to ensure that, as a medical provider, you are receiving the appropriate form of reimbursement.
In New Jersey, auto insurers are required to provide a minimum of $15,000 in PIP coverage to everyone they insure. In practice, the amount tends to be much higher as the default option for PIP coverage is typically $250,000. To guard against endless PIP claims leading to ever increasing insurance premiums, the Department of Banking and Insurance (DOBI) promulgates fee schedules which essentially cap the amount of reimbursement providers can receive for the treatment they perform.
What is important to be mindful of is that there are many different kinds of healthcare providers and, in recognizing this concept, DOBI has set forth various different fee schedule rates.
The simplest example of different providers receiving different amounts of reimbursement for the same treatment performed is a physician versus a facility. It is somewhat intuitive that a facility charge is distinct from a physician charge and the fee schedules put forth by DOBI take this into account.
What further confuses this issue is the fact that, even within the category of facility charges, there are several different types of facilities. This too is accounted for by DOBI which distinguishes between various types of facilities.
For the most part, a facility charging a fee for medical services that it hosted, fits into one of three categories: a hospital, an ambulatory surgical center (ASC), or “other” (pretty much anything else).
The fee schedule rates for these various charges can be found on the DOBI website using the following link: http://www.state.nj.us/dobi/pipinfo/aicrapg.htm. Exhibit 1 contains a column titled “physician’s fees” and a separate column titled “ASC fees.” Thus, it is pretty simple to search and find the proper reimbursement for a physician charge or an ASC facility charge.
With respect to the “other” facility category previously mentioned, meaning facilities that are neither an ASC nor a hospital, the facility fees can also be found in Exhibit 1- they are listed in the physician’s fee column but they include the TC modifier (technical component). So, for example, let’s say a patient undergoes an X-ray of the jaw which is billed under CPT Code 70100. The “physician’s fee column” lists this CPT Code twice- once with the 26 modifier and once with the TC modifier. (To be complete, it also lists it a third time without any modifier which represents a global fee but that is beyond the scope of this article.) Assuming the CPT Code is being billed twice, once by a physician and once by a facility, the physician would bill with the 26 modifier and receive the corresponding fee schedule reimbursement, while the facility would bill with the TC modifier and receive payment accordingly.
Finally, we get to hospitals which are truly a category of their own. Hospitals have their own fee schedule known as the Hospital Outpatient Surgical Facility or HOSF fee schedule. (This fee schedule can be also be found using the link posted earlier.) However, the HOSF fee schedule, as the name indicates, is really only applicable to cases of outpatient surgery. Thus, if the previously cited example of a patient undergoing an X-ray took place in a hospital, the hospital would not be reimbursed for the X-ray pursuant to the HOSF unless the exam was in connection with outpatient surgery (such as pre-op testing).
So how is a hospital to be reimbursed for facility fees that are not associated with outpatient surgery? Callagy Law takes the position that hospitals are not subject to any fee schedule for (non-surgical) treatment provided to hospital outpatients. Such charges are subject to the hospital’s usual and customary rate. Insurance carriers tend to be in acknowledgment of this in the way that they reimburse emergency room visits, typically billed under one of the 9928X treatment codes. However, when it comes to other hospital treatment such as diagnostic testing, even when performed in conjunction with emergency room encounters, carriers tend to apply the TC rate of the physician’s fee schedule referred to earlier. Callagy Law has had an enormous amount of success in arbitration reversing these applications of the TC rate which are inapplicable to hospital outpatients.
It is important to remember that an insurance carrier’s determination as to how a claim should be paid is not necessarily correct. If you suspect that a claim was not paid correctly, or you simply are uncertain, be sure to reach out to Callagy Law, PC.
We hope you found the information provided in this article helpful to various questions you may have had concerning the healthcare industry. For information pertaining to our services for medical providers, please click here. Please note, Callagy Law has recovered over $185,000,000 for medical providers, and that number grows daily. Please free to reach out to Sean Callagy of Callagy Law at any time for questions you may have concerning personal and business matters. Callagy Law offices are located conveniently in Paramus, NJ. Beyond the scope of information, Sean Callagy has developed multiple areas of our healthcare legal practice and business coaching. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube.
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Facility Fees vs. Physician’s Fees