<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 10.09.12.07" title_num="10" subtitle_num="09" chapter_num="12" heading="Payment Procedures.">
  <paragraph num="A.">
    <text>Payment procedures shall be as set forth in COMAR 10.09.36.04.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The provider’s billed charges to the Program may not exceed the provider’s customary charge. If the item is free to individuals not covered by Medicaid:</text>
    <paragraph num="(1)">
      <text>The provider:</text>
      <paragraph num="(a)">
        <text>May charge the Program; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Shall be reimbursed in accordance with the provisions of this regulation; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The provider’s reimbursement is not limited to the provider’s customary charge.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The provider shall give the Program the full advantage of any and all manufacturer's warranty offered on the item.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Effective July 1, 2022, the Department shall pay providers 85 percent of the lowest rural, non-rural, or competitive bidding area (CBA) Medicare rate established January 1 of each year for prosthetic devices. For prosthetic devices for which Medicare has not established a rate, the Department shall pay providers the manufacturer’s suggested retail price of the item, less 26.5 percent. The payment shall include all fitting, dispensing, and follow-up care.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Charges for osteogenesis stimulators shall include all follow-up care, batteries, repairs, and replacement parts within the limitations of Regulation .05E and F, at the following times:</text>
    <paragraph num="(1)">
      <text>Initial date of service;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>After 6-week evaluation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>After 3-month evaluation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>With the exception of items free to individuals not covered by Medicaid, the Department shall reimburse providers for the purchase of covered services at the lesser of the provider’s customary charge or:</text>
    <paragraph num="(1)">
      <text>For the purchase of items for which Medicare has established a rate:</text>
      <paragraph num="(a)">
        <text>Disposable medical supplies and durable medical equipment other than enteral nutritional products and enteral and parenteral therapy supplies at 85 percent of the lowest rural, non-rural, or competitive bidding area (CBA) Medicare purchase reimbursement rate established January 1 of each year;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Enteral nutritional products given by nasogastric, jejunostomy, or gastrostomy tube in the home as established in §F-1(1) of this regulation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Enteral and parenteral therapy supplies as established in §F-1(2) of this regulation; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>For medical equipment for which Medicare has established a rental rate, the purchase price shall be 10 times the lowest rural, non-rural, or competitive bidding area (CBA) Medicare monthly rental rate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>For the purchase of items for which Medicare has not established a rate:</text>
      <paragraph num="(a)">
        <text>Disposable medical supplies not otherwise specified in this section are reimbursed at the provider’s choice of the manufacturer’s suggested retail price minus 41.2 percent or the provider’s wholesale cost plus 37.2 percent;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Enteral nutritional products given by nasogastric, jejunostomy, or gastrostomy tube in the home as established in §F-1(3) of this regulation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Enteral and parenteral therapy supplies as established in §F-1(4) of this regulation;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Incontinence supplies at the provider's wholesale cost plus 25 percent;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Customized equipment at the provider's choice of the manufacturer's suggested retail price minus 30 percent or provider's wholesale cost plus 40 percent; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Durable medical equipment, not otherwise specified in this section, are reimbursed at the provider’s choice of the manufacturer’s suggested retail price minus 41.2 percent or provider’s wholesale cost plus 27.4 percent.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F-1.">
    <text>Enteral Nutritional Product and Enteral and Parenteral Supply Reimbursement Rates Effective February 1, 2021.</text>
    <paragraph num="(1)">
      <text>Effective February 1, 2021, enteral nutritional products given by nasogastric, jejunostomy, or gastrostomy tube in the home shall be reimbursed at the following rates per unit:</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Effective February 1, 2021, enteral and parenteral therapy supplies shall be reimbursed at the following rates per unit:</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Effective February 1, 2021, enteral nutritional products given by nasogastric, jejunostomy, or gastrostomy tube in the home shall be reimbursed at the following rates per unit:</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Effective February 1, 2021, enteral and parenteral therapy supplies shall be reimbursed at the following rates per unit:</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The Department shall reimburse providers for the monthly rental of covered services as follows:</text>
    <paragraph num="(1)">
      <text>For items for which Medicare has established a purchase rate, 85 percent of the lowest rural, non-rural, or competitive bidding area (CBA) Medicare purchase reimbursement rate divided over 10 months;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For items for which Medicare has not established a purchase rate, items will be rented at the provider’s choice of:</text>
      <paragraph num="(a)">
        <text>The manufacturer’s suggested retail price minus 41.2 percent, divided over 10 months; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The provider’s wholesale cost plus 27.4 percent, divided over 10 months; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>After 10 months of monthly rental, the item will be considered purchased.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>The Department reserves the right to prorate the monthly rental amount for daily rentals.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The Department shall pay for repairs to purchased durable medical equipment according to the following:</text>
    <paragraph num="(1)">
      <text>The provider's choice of wholesale cost plus 37.2 percent or the manufacturer's suggested retail price minus 31.4 percent to the provider for all materials;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Labor costs shall be billed in quarter hour increments using the appropriate procedure code and shall be reimbursed the lesser of:</text>
      <paragraph num="(a)">
        <text>The supplier’s customary charge unless the service is free to individual not covered by Medicaid; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The reimbursement rate specified in the Medicaid Durable Medical Equipment Program's approved list of items.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>The determination to purchase or rent medical equipment shall be based on the prescriber's best faith estimate of length of time the equipment will be needed by the recipient. When the equipment is ordered for:</text>
    <paragraph num="(1)">
      <text>10 or more months, the provider shall charge the Program for a purchase, unless:</text>
      <paragraph num="(a)">
        <text>The items cannot be purchased, in which case the items shall continue to be rented for the duration of their need at the amount determined on the fee schedule or elsewhere in this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>There is justification to request a rental rather than a purchase of the item, and a request for prepayment authorization is submitted to and approved by the Program before the submission of the invoice for the item; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Less than 10 months, the provider shall charge the Program for rental of the item for the duration of the medical necessity except that:</text>
      <paragraph num="(a)">
        <text>If the equipment is still medically necessary after 10 months of rental and the equipment is purchasable,  the tenth rental payment is the final rental payment, and the equipment is considered purchased by the Program; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If there is justification to request a purchase rather than a rental of the item, a request for prepayment authorization shall be submitted to the Program and approved by the Program before the submission of the invoice.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>Medical equipment that is determined by the Department to require frequent and substantial servicing in order to avoid risk to the recipient's health shall be reimbursed at the rental rate in accordance with §G of this regulation until either the equipment is no longer medically necessary or the recipient is no longer eligible for Medical Assistance fee-for-service benefits.</text>
  </paragraph>
  <paragraph num="L.">
    <text>Every 90 days during the rental term the provider shall obtain recertification from the prescriber and keep in the provider's records a recertification of continuous medical need that the equipment is still medically necessary.</text>
  </paragraph>
  <paragraph num="M.">
    <text>The Department shall review purchase prices and rental charges for items for which Medicare has not established a rate at least every 3 years.</text>
  </paragraph>
  <paragraph num="N.">
    <text>If services are provided under a contract pursuant to Regulation .04F of this chapter, the Department shall reimburse the contracted vendor or vendors at rates and under conditions in accordance with the contract or contracts.</text>
  </paragraph>
  <paragraph num="O.">
    <text>Once an item has been purchased in full, then title to the equipment shall remain with the Department, and the equipment, after use by the recipient, shall be recovered by the Department or its designee. The Department may arrange for the provision of recycled equipment under an exclusive contract with a vendor or vendors that have been awarded in accordance with State regulations and policies governing contracts and procurement. The Department also may determine the geographical scope and the types of equipment, or both, to be included under the contract. The vendor or vendors shall be reimbursed at a rate and under terms established in the contract.</text>
  </paragraph>
  <paragraph num="P.">
    <text>For equipment that is not covered under a contract awarded under §O of this regulation, the provider that originally furnished the equipment to the recipient shall recover the equipment after it is no longer required by the recipient. After recovery of the equipment, the provider shall determine the viability of recycling the item and, upon its reissue, bill the Program 75 percent of the Program's original payment.</text>
  </paragraph>
  <paragraph num="Q.">
    <text>To the extent that the Department chooses to use an exclusive contract to provide recycled equipment under §O of this regulation, the Department shall reimburse providers for evaluation of a recipient for equipment that is subsequently provided through the Department's recycling program at 11.5 percent of the reimbursement rate established under §§AH of this regulation.</text>
  </paragraph>
  <paragraph num="R.">
    <text>The Department will authorize payment on Medicare claims if:</text>
    <paragraph num="(1)">
      <text>The provider accepts Medicare assignments;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Medicare makes direct payment to the provider;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Medicare has determined that services were medically justified;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The services are covered by the Program;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Initial billing is made directly to Medicare according to Medicare guidelines.</text>
    </paragraph>
  </paragraph>
  <paragraph num="S.">
    <text>Supplemental payments on Medicare claims are made subject to the following provisions:</text>
    <paragraph num="(1)">
      <text>Deductible insurance will be paid in full;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Coinsurance will be paid in full;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Services not covered by Medicare, but by the Program, will be paid in accordance with the limitations of §I of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="T.">
    <text>The provider may not bill the Department for:</text>
    <paragraph num="(1)">
      <text>Completion of forms and reports;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Broken or missed appointments;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Professional services rendered by mail or telephone; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Fitting, dispensing, or follow-up care except as set forth in §D of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="U.">
    <text>The methodology in §§F and G of this regulation shall be used to establish a list of approved items with the corresponding procedure code, maximum allowable reimbursement amount, useful life expectancy, and maximum number allowed. This list shall be made available to the providers for ease of administration of the Program. When the approved list of items contains a price for a procedure code, the Department shall reimburse providers the lesser of the price listed in the approved list or the provider’s customary charge unless the service is free to individuals not covered by Medicaid.</text>
  </paragraph>
  <paragraph num="V.">
    <text>The provider shall ensure that the equipment is in good working condition both throughout the rental of the equipment and at the end of the rental term.</text>
  </paragraph>
  <paragraph num="W.">
    <text>Billing time limitations for claims submitted pursuant to this chapter are set forth in COMAR 10.09.36.</text>
  </paragraph>
  <paragraph num="X.">
    <text>Durable medical equipment and disposable medical supply rates may be increased at the Program's discretion, when the Program determines in its sole discretion that the Medicare rate creates a barrier to accessing medical equipment and supplies.</text>
  </paragraph>
  <paragraph num="Y.">
    <text>Refills.</text>
    <paragraph num="(1)">
      <text>For durable medical equipment or disposable supplies, or both that are supplied as refills to the original order, providers shall contact the recipient or designee before dispensing the refill in order to ensure that the refilled item is necessary and to confirm any changes and modifications to the order.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The provider shall maintain documentation of contact and confirmation of any changes and modifications of the order for audit purposes.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The provider shall contact the recipient or designee regarding refills no earlier than 7 business days before the anticipated delivery date or anticipated shipping date.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>For subsequent deliveries of refills, the provider shall deliver the items no earlier than 5 days before the end of usage for the current product.</text>
    </paragraph>
  </paragraph>
  <paragraph num="Z.">
    <text>The disposable medical supplies or durable medical equipment provider shall identify the individual who ordered the disposable medical supplies and durable medical equipment by recording the individual practitioners National Provider Identifier (NPI) number on the claim.</text>
  </paragraph>
</regulation>