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Wiki UDS an incident-to service?

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My doctor recently asked me if we could bill a urine drug screen under his name if he was not in the office. For example, a nurse practitioner sees the patient for their E&M visit and we bill their drug screen under the doctor. My thinking is that this is an incident to service, but I want to see what you guys think.
 
Incident to is very very very clear - the physician must be IN the suite (office) to be considered incident to. If you have a NP present then the service would be billed under their NPI number. This is documented on the www.cms.org website under incident to billing.

If you do not have a provider in the office, you just gave away a billable service - nothing is billable.
 
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