Wiki APRN and MD see patient on 2 different days, new patient for both?

kseverson

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We are an oncology practice. Our genetic counselor who is an APRN saw a patient for genetic counseling. She recommended genetic testing to the patient. She billed 99205. The patient tested positive for the BRCA2 gene mutation. The patient then saw our MD a week later. Can the physician also bill as a new patient?
 
We are an oncology practice. Our genetic counselor who is an APRN saw a patient for genetic counseling. She recommended genetic testing to the patient. She billed 99205. The patient tested positive for the BRCA2 gene mutation. The patient then saw our MD a week later. Can the physician also bill as a new patient?

AMA CPT 2024 Professional Edition, p. 4,
A new patient is one who has not received any professional services from the physician or other qualified health care professional or another physician or other qualified health care professional of the exact same specialty and subspecialty who belongs to the same group practice, within the past three years.

“But the patient saw an APRN first...”

Id., p. XV,
When advanced practice nurses and physician assistants are working with physicians, they are considered as working in the exact same specialty and subspecialty as the physician.

Based on that, it seems quite clear to me that the physician cannot bill for a new patient visit.
 
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Is this different for Medicare? My understanding is that Medicate uses the physician specialty the practitioner is enrolled under. A nurse practitioner is enrolled as a nurse practitioner. They're not the same specialty as any doctor. So wouldn't the doctor be able to bill a new patient visit?
 
Is this different for Medicare? My understanding is that Medicate uses the physician specialty the practitioner is enrolled under. A nurse practitioner is enrolled as a nurse practitioner. They're not the same specialty as any doctor. So wouldn't the doctor be able to bill a new patient visit?
No because the APRN is not a physician. The mid-levels or NPPs are considered as working in the exact same specialty and subspecialty as the physician.
The patient would be established to the MD.
 
The reason I'm confused is because I watched a Medicare webinar a while ago and there was a similar question asked. This was the question:

"We have NPs and PAs throughout our clinic, in urgent care, family medicine, dermatology. If a patient sees NP in urgent care or acute care and then sees our doctor in internal medicine, would that be a new patient to the doctor?"

Ellen: For initial services, Medicare uses the physician specialty the practitioner is enrolled under. A nurse practitioner enrolls as a nurse practitioner. They're not the same specialty as any doctor; therefore, yes, that doctor has an initial visit. Medicare does not use taxonomy codes. These codes allow the nurse practitioners to identify practice specialties.
 
I also always thought the midlevel was considered the same specialty as their physician. But after watching the Medicare webinar, doesn't it sound like from the question asked in the Medicare webinar that the physician could bill as a new patient? Sorry, just trying to get clarification.
 
The reason I'm confused is because I watched a Medicare webinar a while ago and there was a similar question asked. This was the question:

"We have NPs and PAs throughout our clinic, in urgent care, family medicine, dermatology. If a patient sees NP in urgent care or acute care and then sees our doctor in internal medicine, would that be a new patient to the doctor?"

Ellen: For initial services, Medicare uses the physician specialty the practitioner is enrolled under. A nurse practitioner enrolls as a nurse practitioner. They're not the same specialty as any doctor; therefore, yes, that doctor has an initial visit. Medicare does not use taxonomy codes. These codes allow the nurse practitioners to identify practice specialties.
CPT and CMS have differing definitions and payers may have their own rules too. However, after a little digging (MCR), looks like IF you know and can prove each has different specialty training AND the credentialing (NPI) aligns, you MAY be able to bill a new patient in your scenario for the NP (APRN?) (genetic) and the MD (depending on specialty designation). This is provided all of the other documentation requirements and rules, etc. etc. are met too. Who is your MAC? I would suggest looking there first. Then you would have to know how your providers are credentialed and what the specialty designation says.

Where was the webinar, do you have the link or transcript? In the question above they were talking about 1. NP Urgent Care and then 2. Doctor Internal Med. However, the term Urgent Care is not one of the listed Physician Specialty Codes here: 10.8.2 - Physician Specialty Codes https://www.cms.gov/regulations-and-guidance/guidance/manuals/downloads/clm104c26pdf.pdf (93 Emergency Medicine is one).

https://www.aapc.com/blog/46341-same-physician-may-not-mean-what-you-think-it-does/

Office

1. What is the difference between "new" and "established" patient and "new" and "established" problem? Does it mean the same for a non-physician practitioner (NPP)?
The terms "new" or "established" problem on the E/M score sheet refer to whether the problem is new or established to the examiner, e.g., physician/ NPP, and whether that problem is stable/worsening or whether the physician plans to conduct additional workup on that problem or not.
In CPT, a "new" patient is one who has not received any professional services from the physician/qualified health care professional or another physician/qualified health care professional of the same specialty and subspecialty who belongs to the same group practice, within the past three years.
An "established" patient is one who has received professional services from the physician/qualified health care professional or another physician/qualified health care professional of the same specialty and subspecialty who belongs to the same group practice, within the past three years.
CMS interprets the phrase “new patient” to mean a patient who has not received any professional services, i.e., E/M service or other face-to-face service (e.g., surgical procedure) from the physician or physician group practice (same physician specialty) within the previous 3 years. For example, if a professional component of a previous procedure is billed in a 3-year time period, e.g., a lab interpretation is billed and no E/M service or other face-to-face service with the patient is performed, then this patient remains a new patient for the initial visit. An interpretation of a diagnostic test, reading an x-ray or EKG etc., in the absence of an E/M service or other face-to-face service with the patient does not affect the designation of a new patient.
Currently, under the CMS enrollment process, NPPs cannot designate a sub-specialty. An NPP can only designate their primary licensure, e.g., nurse practitioner, physician assistant, certified nurse midwife, etc.
Reference

CMS IOM Pub. 100-04 Medicare Claims Processing Manual, Chapter 12, section 30.6
2. We are seeing denials for our physician’s new patient visits indicating the patient was seen by our group in the last three years. Why is this occurring? What can we do about it?
In multispecialty groups, when an NPP sees the patient, this may cause your new patient visit to deny for a physician. If you can provide documentation that shows the NPP and physician are trained in different specialties, request a redetermination of the claim with the documentation.

A new patient is a patient who has not received any professional services, i.e., E/M service or other face-to-face service (e.g., surgical procedure) from the physician or physician group practice (same physician specialty) within the previous 3 years.
Currently, under the CMS enrollment process, NPPs cannot designate a sub-specialty. An NPP can only designate their primary licensure, e.g., nurse practitioner, physician assistant, certified nurse midwife, etc.
 
Forgot this good explanation too:
 
Forgot this good explanation too:
Very good information! thank you! Our MAC is with WPS. So after reading everything it seems to me like CPT states the NPs and PAs are considered as working in the exact same specialty as the practice in which they are assigned. (so this would not be a new patient to the physician if the NP saw previously/first in our office and billed 99205 under her name). But it seems it's different with Medicare. For initial services, Medicare uses the CMS specialty code the practitioner is enrolled under for claims processing. Since our NP is specialty code 50 with Medicare and our hem/onc physician is specialty code 83 with Medicare it looks like when the patient first came into our clinic and saw the genetic counselor (NP -code 50) and then saw our hem/onc physician (code 83) 2 weeks later, this should be a new patient to the NP as well as a new patient to the physician. Is this how you see this?
I'm attaching the Q&A transcript in which Medicare states this in their Q&A "Ask the Contractor Teleconference".....it's on page 12, last question. thanks!
 

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Very good information! thank you! Our MAC is with WPS. So after reading everything it seems to me like CPT states the NPs and PAs are considered as working in the exact same specialty as the practice in which they are assigned. (so this would not be a new patient to the physician if the NP saw previously/first in our office and billed 99205 under her name). But it seems it's different with Medicare. For initial services, Medicare uses the CMS specialty code the practitioner is enrolled under for claims processing. Since our NP is specialty code 50 with Medicare and our hem/onc physician is specialty code 83 with Medicare it looks like when the patient first came into our clinic and saw the genetic counselor (NP -code 50) and then saw our hem/onc physician (code 83) 2 weeks later, this should be a new patient to the NP as well as a new patient to the physician. Is this how you see this?
I'm attaching the Q&A transcript in which Medicare states this in their Q&A "Ask the Contractor Teleconference".....it's on page 12, last question. thanks!
Yes, it could be possible for straight Medicare that you could get two new E/M in your example. CPT and CMS have different definitions. You would have to be 100% certain of their credentialing and specialty designation. If it is denied you would follow the process above if you can do what it says in the last sentence: In multispecialty groups, when an NPP sees the patient, this may cause your new patient visit to deny for a physician. If you can provide documentation that shows the NPP and physician are trained in different specialties, request a redetermination of the claim with the documentation.

I would also add a caveat to this as someone who has dealt with a big group with 100s of providers, who is going to manage this process and appeal or work those claims should they be denied? How big is your group? You want to avoid just willy nilly starting to submit everything as new for everyone without making sure before you start that you are 100% certain that is the proper way. Also, this is for MCR so what payers does your practice deal with regularly? Who will follow that and keep track of which payer follows CMS or CPT or makes their own rules? I have seen where practices decide it is too complicated and too many errors so they decide if the patient has been seen at all by any provider in the group in three years, they are established (follow CPT or the NPI group method). If you are a staff coder you would want to clear this with your supervisor/manager and Rev Cycle before just starting to change the new/estab process. I have also seen where providers with their own PA/NP (that only works with them) do not want the PA or NP to see the new patients or anyone else's patients, only established and only their patients. There is a lot to consider with this imo.
 
Yes, it could be possible for straight Medicare that you could get two new E/M in your example. CPT and CMS have different definitions. You would have to be 100% certain of their credentialing and specialty designation. If it is denied you would follow the process above if you can do what it says in the last sentence: In multispecialty groups, when an NPP sees the patient, this may cause your new patient visit to deny for a physician. If you can provide documentation that shows the NPP and physician are trained in different specialties, request a redetermination of the claim with the documentation.

I would also add a caveat to this as someone who has dealt with a big group with 100s of providers, who is going to manage this process and appeal or work those claims should they be denied? How big is your group? You want to avoid just willy nilly starting to submit everything as new for everyone without making sure before you start that you are 100% certain that is the proper way. Also, this is for MCR so what payers does your practice deal with regularly? Who will follow that and keep track of which payer follows CMS or CPT or makes their own rules? I have seen where practices decide it is too complicated and too many errors so they decide if the patient has been seen at all by any provider in the group in three years, they are established (follow CPT or the NPI group method). If you are a staff coder you would want to clear this with your supervisor/manager and Rev Cycle before just starting to change the new/estab process. I have also seen where providers with their own PA/NP (that only works with them) do not want the PA or NP to see the new patients or anyone else's patients, only established and only their patients. There is a lot to consider with this imo.
thank you so much for your assistance with this. Greatly appreciated!
 
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