Critical Care and Mid Levels?

[Annette]

Would like opinions...
At a recent ACEP seminar I heard that mid-levels could bill for Critical Care, just not for Medicare. It was stated that the CPT rules differed from CMS on this, and that if the commericial insurance didn't prevent it, it was ok to bill. But when I look at the CPT manual, it clearly states "physician". Does this then imply you can bill incident-to? Annie