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Billing 96138/96139 in a HOPD Clinic

In a HOPD setting where the technician is completing the testing (CPT 96138 and 96139 can the physician bill these services? The MPFS does not list a facility fee, listing the CPT 96138 and 96139 as N/A, however the Medicare FAQ for Diagnostic Psychological (https://www.cms.gov/files/document/pfs-psych-neuropsych-test-faq.pdf) state the supervision of these test fall under the Medicare Law 1861(s)(3). Our organization has been billing and receiving payment for 96138/96139 since 2019 in an HOPD clinic.
There has been a recent discussion that these services are inappropriate to bill by the physician in an HOPD setting and should only be billed by the facility. Can the physician bill for the supervision of these tests (96138/96139) in an HOPD clinic?
 
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