7 Colo. Code Regs. § 1101-3-18-5

Current through Register Vol. 47, No. 18, September 25, 2024
Section 7 CCR 1101-3-18-5 - FACILITY FEES
(A) INPATIENT FACILITY FEES
(1) Billing:
(a) Inpatient facility fees shall be billed on a UB-04 and require summary level billing by revenue code. The provider must submit itemized bills along with the UB-04.
(b) Hospitals reimbursed based on MS-DRGs shall indicate the MS-DRG code FL 71 of the UB-04 billing form and maintain documentation on file showing how the MS-DRG was determined. The hospital shall determine the MS-DRG using the MS-DRGs Definitions Manual in effect per section 18-2 at the time of discharge. The attending Physician shall not be required to certify this documentation unless a dispute arises between the hospital and the Payer regarding MS-DRG assignment. The Payer may deny payment for services until the appropriate MS-DRG code is supplied.
(2) Reimbursement:
(a) The following types of inpatient facilities, as defined in Rule 16, are allowed a reasonable charge as negotiated by the Provider and Payer:
(i) Children's Hospitals
(ii) Veterans Administration Hospitals
(iii) State-run Psychiatric Hospitals
(iv) Psychiatric Hospitals

The provider has the burden of proving reasonableness of reimbursement sought. Veterans Administration Hospital payments must comply with applicable rules promulgated by the United States Department of Veterans Affairs.

(b) The following inpatient facilities, as defined in Rule 16, are allowed a daily rate:
(i) Skilled Nursing Facilities (SNFs) are allowed $663 per day.
(ii) Rehabilitation Hospitals are allowed $1,479 per day.
(iii) Long Term Acute Care Hospitals (LTACHs) are allowed $3,417 per day.

Each of the daily rates listed above is all-inclusive for services related to the injured worker's compensable conditions. Physician's professional services, ambulance services, and chemotherapy drugs or radioisotopes may be billed separately. In the rare case extraordinary medical care is required, or for treatment of traumatic brain injuries or spinal cord injuries, there shall be an additional payment of $306 on a per day basis.

All charges shall be submitted on a final bill unless the parties agree on interim billing. The rate in effect on the last date of service covered by an interim or final bill shall determine payment.

The total length of stay includes the date of admission but not the date of discharge. Typically, bed hold days or temporary leaves are not subtracted from the total length of stay.

(c) All other inpatient facilities:

The maximum allowance is determined by the relative weights for the assigned MS-DRG from Table 5 in effect per section 18-2 at the time of discharge and the hospital's base rate in Exhibit #2, calculated as follows:

(MS-DRG Relative Wt x Specific hospital base rate x 160%) + (trauma center activation allowance) + (organ acquisition, when appropriate)

(i) For trauma center activation allowance, (revenue codes 680-684) see subsection (B)(8)(c);
(ii) For organ acquisition allowance, (revenue codes 810-819) see subsection (A)(2)(g).

Table 5 establishes the maximum length of stay (LOS) using the "arithmetic mean LOS." However, there is no additional allowance for exceeding this LOS, other than through the cost outlier criteria.

An admission requiring the use of both an acute care hospital (admission/discharge) and its Rehabilitation Hospital (admission/discharge) is considered as one admission and MS-DRG.

(d) Outliers for inpatient hospitals identified in Exhibit #2:

Outliers are admissions with extraordinary cost warranting additional reimbursement beyond the maximum allowance. To calculate the additional reimbursement, if any:

(i) Determine the hospital's cost by multiplying total billed charges (excluding any trauma center activation or organ acquisition billed charges) by the hospital's cost-to-charge ratio located in Exhibit #2;
(ii) The difference = hospital's cost - maximum allowance excluding any trauma center activation or organ acquisition allowance;
(iii) If the difference is greater than $38,859, additional reimbursement is warranted. The additional allowance is determined by multiplying the difference by .80.
(e) If an injured worker is admitted to a hospital through the emergency department (ED), the ED fee is included in the inpatient allowance.
(f) If an injured worker is admitted to one hospital and is subsequently transferred to another hospital, the payment to each hospital will be based upon a per diem value of the MS-DRG maximum allowance. The per diem value is calculated based upon the individual hospital's MS-DRG relative weight multiplied by the hospital's specific base rate divided by the MS-DRG geometric mean LOS established in Table 5. This per diem amount is multiplied by the actual LOS. If the patient is admitted and transferred on the same day, or transferred and discharged on the same day, the actual LOS equals one. If the LOS is greater than or equal to the geometric mean LOS for the MS-DRG, then the maximum MS-DRG is allowed for that hospital.
(g) The Payer shall compare each billed charge type:
(i) The MS-DRG adjusted billed charges to the MS-DRG allowance (including any outlier allowance);
(ii) The trauma center activation billed charge to the trauma center activation allowance; and
(iii) The organ acquisition billed charges to the organ acquisition allowance.

The MS-DRG adjusted billed charges are determined by subtracting the trauma center activation billed charge and the organ acquisition billed charges from the total billed charges. The final payment is the sum of the lesser of each of these comparisons.

The organ acquisition allowance is calculated using the most recent filed computation of organ acquisition costs and charges for hospitals that are certified transplant centers (CMS Worksheet D-4 or subsequent form) plus 20%.

(B) OUTPATIENT FACILITY FEES
(1) Provider Restrictions:
(a) All non-emergency outpatient surgeries require prior authorization unless the MTGs recommend a surgery for the particular condition. All outpatient surgical procedures performed in an ASC shall warrant performance at an ASC level.
(b) A facility fee is payable only if the facility is licensed as a hospital or an ASC by the Colorado Department of Public Health and Environment (CDPHE) or applicable out of state governing agency or statute.
(2) Types of Bills for Service:
(a) Outpatient facility fees shall be billed on a UB-04 and require summary level billing by revenue code. The provider must submit itemized bills along with the UB-04.
(b) All professional charges (professional services including, but not limited to, PT, OT, CCC-SLP, anesthesia, etc.) are subject to the RBRVS and Dental Fee Schedules as incorporated by this Rule. These fee schedules apply to professional services performed in all facilities.
(c) Outpatient hospital facility bills include all outpatient surgery, ED, clinics, Urgent Care, and diagnostic testing in the Radiology, Pathology or Medicine Section of CPT®/RBRVS.
(3) General Reimbursement Instructions:
(a) The following outpatient facilities, as defined in Rule 16, are allowed a reasonable charge, as negotiated by the Provider and Payer, except for any associated professional fees that are reimbursed per section 18-4:
(i) Children's Hospitals
(ii) Veterans Administration Hospitals
(iii) State-run Psychiatric Hospitals

The Provider has the burden of proving reasonableness of reimbursement sought. Veterans Administration Hospital payments must comply with applicable rules promulgated by the United States Department of Veterans Affairs.

(b) The maximum allowance for Ambulatory Payment Classifications (APC) is calculated at the following percentages of the payment rates listed in Medicare's OPPS Addendum A, as incorporated by 18-2:
(i) Outpatient hospital is 160%
(ii) CAH is 200%
(iii) ASC is 150%

To identify which APC grouper is aligned with a CPT® code and dollar value, use Medicare's Addendum B, as incorporated by 18-2. For comprehensive APCs (C-APCs), see 18-5(B)(6).

(c) CPT® codes listed with a "C" status indicator in Medicare's Addendum B shall align to the APC codes as listed in Exhibit #4. The status indicator assigned to the Exhibit #4 APC code, as identified in Medicare's Addendum A, shall apply. These codes are not eligible for complexity-adjusted APC payments.
(d) Facilities receive the lesser of the actual charge or the fee schedule allowance. A line-by-line comparison of charges is not appropriate.
(4) APC values include the services and revenue codes listed in Table 2 of the 2022 NFRM OPPS Claims Accounting, as incorporated by Rule 18-2; therefore, these are generally not separately payable. Drugs and devices having a status indicator of G and H receive a pass-through payment. In some instances, the procedure code may have an APC code assigned. These are separately payable based on APC values, if given, or at cost to the facility.

Services and items included in the APC value:

(a) nursing, technician, and related services;
(b) use of the facility where the surgical procedure(s) was performed;
(c) drugs and biologicals for which separate payment is not allowed;
(d) medical and surgical supplies, durable medical equipment and orthotics not listed as a "pass through";
(e) surgical dressings;
(f) equipment;
(g) splints, casts and related devices;
(h) radiology services for which separate payment is not allowed;
(i) administrative, record keeping, and housekeeping items and services;
(j) materials, including supplies and equipment for the administration and monitoring of anesthesia;
(k) supervision of tiie services of an anestiietist by tiie operating surgeon;
(I) post-operative pain bloci^s; and
(m) implanted items.
(5) Status Indicators from Medicare's Addendum B apply as follows:

Indicator

Meaning

A

Use another fee schedule instead of Addendum B, such as conversion factors listed in section 18-4, RBRVS RVUs, Ambulance Fee Schedule, or section 18-4(F)(2).

B

Is not recognized for Outpatient Hospital Services bill type (12x and 13x) and therefore is not separately payable unless separate fees are applicable under another section of this Rule.

C

The Division recognizes these procedures on an outpatient basis with prior authorization.

E

Not generally reimbursable when submitted on any outpatient bill type. However, services could still be reasonable and necessary, thus requiring hospital or ASC level of care. The billing party shall submit documentation to substantiate the billed service codes and any similar established codes with fees in Addendum A, as incorporated by 18-2.

F

Corneal tissue acquisition, certain CRNA services, and Hepatitis B vaccines are allowed at a reasonable cost to the facility. The facility must provide a separate invoice identifying its cost.

G

"Pass-Through Drugs and Biologicals"; separate APC payment.

H

"Pass-Through Device"; separate APC payment based on cost to the facility.

J1 or J2

The services are paid through a comprehensive APC.

K

"Nonpass-Through Drug or Biological or Device" for therapeutic radiopharmaceuticals, brachytherapy sources, blood and blood products; separate APC payment.

L

Influenza Vaccine/Pneumococcal Pneumonia Vaccine and therefore is generally considered to be unrelated to work injuries.

M

Not separately payable.

N

Items and services packaged into APC rates; not separately payable.

P

Partial hospitalization paid based on observation fees outlined in this section.

Q1-Q4

Packaged services subject to separate payment criteria.

R

Blood and blood products; separate APC payment.

S

Significant procedure, not discounted when multiple.

T

Significant procedure, multiple procedure reduction applies.

U

Brachytherapy source; separate APC payment.

V

Clinic or an ED visit; separate APC payment.

Y

Non-implantable Durable Medical Equipment paid pursuant to Medicare's Durable Medical Equipment Regional Carrier fee schedule for Colorado.

(6) Multiple Procedures
(a) A comprehensive APC treats all individually reported codes as representing components of the comprehensive service, resulting in a single prospective payment.

As defined by status indicator J1, all covered outpatient services on the claim are packaged with the primary J1 service for payment, except services with a status indicator of F, G, H, L, or U; ambulance services; diagnostic and screening mammography; rehabilitation therapy services reported on a separate claim; new technology services; and self-administered drugs.

When multiple codes with J1 status indicators are included on the claim, services are packaged with the primary (highest APC value) J1 code. Certain J1 codes, when billed together, may be eligible for a complexity adjusted APC payment listed on Medicare's Addendum J, as incorporated by 18-2.

Services with a status indicator J2 are assigned to a comprehensive APC (8011) when specific combinations of services are reported on the claim. All levels of emergency department (ED) and clinic visits, if billed in combination with observation time, can trigger this comprehensive composite rate. Payment of APC 8011 requires a minimum of eight units of G0378 hospital observation service, per liour, no status T procedure on the claim; and either an E&M visit on the same day or day before the G0378 date of service; or G0379 direct admit to observation.

All covered services on the claim shall be considered adjunct to APC 8011 and packaged into a single payment, except those items excluded by rule. Other excluded services include covered screening procedures, preventative services, pass-through drugs and devices (status indicator G or H), PT, OT, and SLP services reported on a separate claim, certain vaccines (status indicator L or F), cornea tissue acquisition, and new technology APCs with status indicator S. If the claim contains a J1 primary service, the J1 C-APC will be the composite under which the services will be paid. There is no complexity adjustment for J2 occurring on the same claim as J1.

If services with a J2 status indicator are provided during an extended assessment and management encounter, including observation care, and do not meet all the requirements for APC 8011 listed above, the usual APC logic will apply.

(b) Codes with a status Q1 indicator are packaged with the APC payment if billed on the same claim as a HCPCS code assigned status indicator S, T, or V. Otherwise, payment is made through a separate APC.

Codes with a Q2 indicator are packaged with the APC payment if billed on the same claim as a HCPCS code assigned status indicator T. Otherwise, payment is made through a separate APC. When multiple codes with status Q1 or Q2 are billed together, only one unit of the highest-valued Q1 or Q2 code is payable.

Codes with a status Q3 indicator may be paid through a composite APC if billed with another code in the same family listed in Table 3 of the OPPS Imaging Families and Multiple Procedure Composite APCs, of the 2023 OPPS Final Rule. The five multiple imaging composite APCs are:

* APC 8004 (Ultrasound Composite);

* APC 8005 (CT and CTA without Contrast Composite);

* APC 8006 (CT and CTA with Contrast Composite);

* APC 8007 (MRI and MRA without Contrast Composite); and

* APC 8008 (MRI and MRA with Contrast Composite).

Each imaging composite APC is defined as having two or more imaging procedures from the same family performed on the same date of service. If a "without contrast" procedure is performed during the same session as a "with contrast" procedure from the same family, payment would be based on the "with contrast" composite APC. Standard APC assignments apply for single imaging procedures and multiple imaging procedures performed across families.

Codes with a status Q4 indicator are packaged with the APC payment if billed on the same claim as a HCPCS code assigned status indicator S, T, V, Q1, Q2, or Q3. Otherwise, payment is made through a separate APC.

(c) The maximum allowance for multiple procedures with a T status indicator is limited to four procedure codes per episode. The highest valued APC code is allowed at 100% of the maximum allowance, plus 50% of the maximum allowance for the following three highest valued codes.
(i) The use of modifier 51 is not a factor in determining which codes are subject to multiple procedure reductions.
(ii) Bilateral procedures require each procedure to be billed on separate lines using RT and LT modifier(s).
(iii) When a code is billed with multiple units, multiple procedure reductions apply to the second through fourth units as appropriate. Units may also be subject to other maximum frequency per day policies.
(7) Other surgical payment policies:
(a) All surgical procedures performed in one operating room, regardless the number of surgeons, are considered one outpatient surgical episode of care for payment purposes.
(b) Discontinued surgeries require the use of modifier 73 (discontinued prior to the administration of anesthesia) or modifier 74 (discontinued after administration of anesthesia). Modifier 73 results in an allowance of 50% of the APC value for the primary procedure only. Modifier 74 allows 100% of the primary procedure value only. If a comprehensive APC procedure is discontinued or reduced and modifier 52, 73 or 74 is reported, complexity adjustment will not apply to the claim.
(c) Facilities shall report G0260 when billing for sacroiliac joint injections, not CPT® 27096.
(8) Emergency Department (ED) Visits:
(a) Types of ED Visits:
(i) Hospitals billing type "A" ED visits must be physically located within a hospital licensed by the CDPHE as a general hospital or meet the out-of-state facility's state's licensure requirements, and be open 24 hours a day, seven days a week. These EDs bill using revenue code 450 and applicable CPT® codes;
(ii) A freestanding type "B" ED must have operations and staffing equivalent to a licensed ED, be physically located inside a hospital, and meet Emergency Medical Treatment and Active Labor Act (EMTALA) regulations. All type "B" outpatient ED visits must be billed using revenue code 456 with level of care HCPCS codes G0380-G0384, even though the facility may not be open 24 hours a day, seven days a week.
(b) ED level of care is identified based upon one of five levels of care for either a type "A" or type "B" ED visit. The level of care is defined by CPT® E&M code descriptions and internal level of care guidelines developed by the hospital in compliance with Medicare regulations. The hospital's guidelines should establish an appropriate gradation of hospital resources (ED staff and other resources) as the level of service increases. Upon request, the provider shall supply a copy of its level of care guidelines to the Payer. (Only the higher one of any ED levels or critical care codes shall be paid).
(c) Trauma activation means a trauma team has been activated, not just alerted. Trauma activation is billed with 068X revenue codes. The level of trauma activation shall be determined by CDPHE's assigned hospital trauma level designation. Trauma activation fees are in addition to ED and inpatient fees and are not paid for alerts. APC 5045, Trauma Response with Critical Care, is not recognized for separate payment.

Trauma activation allowances are as follows:

Revenue Code 681

$5,534.00

Revenue Code 682

$2,298.00

Revenue Code 683

$1,289.00

Revenue Code 684

$954.00

(9) Ancillary Services:
(a) Any diagnostic testing, clinical labs, or therapies with a status indicator of "A" shall be reimbursed using section 18-4(F)(2) or the appropriate CF to the unit values for the specific CPT® code as listed in the RBRVS. Hospital bill types 13x are allowed payment for any clinical laboratory services (even if the SI is "N" for the specific clinical laboratory CPT® code) when these laboratory services are unrelated to any other outpatient services performed that day. Off-campus freestanding imaging centers are reimbursed using the RBRVS TC value(s).
(b) Professional fees are reimbursed in accordance with section 18-4 regardless of the facility type. Additional reimbursement is payable for the following services not included in the APC values, as incorporated by 18-2:
(i) ambulance services (revenue code 540), see section 18-6(E)
(ii) blood, blood plasma, platelets (revenue codes 380X)
(iii) physician or physician assistant services
(iv) nurse practitioner services
(v) licensed clinical psychologist
(vi) licensed social workers
(vii) rehabilitation services (PT, OT, respiratory or CCC-SLP, revenue codes 420, 430, 440)
(c) Any prescription for a drug supply to be used for longer than 24 hours, filled at any clinic, shall be reimbursed in accordance with section 18-6(C).
(d) Clinic facility fees are not separately payable unless otherwise specified in this Rule.
(e) IV infusion therapy performed in an outpatient hospital facility is separately payable in accordance with this section.
(10) Rural Health Clinics:

Rural Health Clinics are allowed a single separate clinic facility fee at 80% of billed charges per date of service.

Allowed revenue codes for clinic fees are 521 for physical health services and 900 for behavioral health services.

(C) URGENT CARE FACILITIES
(1) Provider Restrictions:

Facility fees are only payable if the facility qualifies as an Urgent Care facility. All Urgent Care facilities shall be accredited or certified by the Urgent Care Association (UCA) or accredited by the Joint Commission to be recognized for a separate facility payment for the initial visit.

(2) Billing and Maximum Allowances:
(a) Facility Fees:
(i) No separate facility fees are allowed for follow-up care. To receive a separate facility fee, a subsequent diagnosis shall be based on a new acute care situation and not the initial diagnosis.
(ii) No facility fee is appropriate when the injured worker is sent to the employer's designated provider for a non-urgent episode of care during regular business hours of 8 am to 5 pm, Monday through Friday.
(iii) Hospitals may bill on a UB-04 using revenue code 516 or 526 and the facility HCPCS code S9088, $76.50, with one unit. All maximum allowances for other services billed on the UB-04 shall be in accordance with CPT® relative weights from RBRVS, multiplied by the appropriate CF.
(iv) Hospital and non-hospital based urgent care facilities may bill for the facility fee, HCPCS code S9088, $76.50, on the CMS-1500 with professional services. All other services and procedures provided in an urgent care facility, including a freestanding facility, are allowed according to the appropriate CPT® code relative weight from RBRVS multiplied by the appropriate CF.
(b) All professional fees shall be billed on a CMS-1500 with a Place of Service Code 20 and reimbursed in accordance with section 18-4.
(c) All supplies are included in the facility fee.
(d) Any prescription for a drug to be used for longer than 24 hours, filled at any clinic, shall be reimbursed in accordance with section 18-6(C).

7 CCR 1101-3-18-5

37 CR 13, July 10, 2014, effective 7/30/2014
38 CR 01, January 10, 2015, effective 2/1/2015
38 CR 05, March 10, 2015, effective 4/1/2015
38 CR 11, June 10, 2015, effective 7/1/2015
38 CR 17, September 10, 2015, effective 1/1/2016
39 CR 04, February 25, 2016, effective 3/16/2016
39 CR 13, July 10, 2016, effective 7/30/2016
39 CR 16, August 25, 2016, effective 9/14/2016
39 CR 19, October 10, 2016, effective 1/1/2017
40 CR 03, February 10, 2017, effective 3/2/2017
40 CR 11, June 10, 2017, effective 7/1/2017
40 CR 21, November 10, 2017, effective 11/30/2017
40 CR 18, September 25, 2017, effective 1/1/2018
40 CR 20, October 25, 2017, effective 1/1/2018
41 CR 11, June 10, 2018, effective 7/1/2018
41 CR 19, October 10, 2018, effective 1/1/2019
41 CR 20, October 25, 2018, effective 1/1/2019
41 CR 23, December 10, 2018, effective 1/1/2019
42 CR 01, January 10, 2019, effective 1/30/2019
42 CR 11, June 10, 2019, effective 6/30/2019
42 CR 12, June 25, 2019, effective 7/15/2019
42 CR 21, November 10, 2019, effective 11/30/2019
42 CR 20, October 25, 2019, effective 1/1/2020
42 CR 23, December 10, 2019, effective 1/1/2020
43 CR 03, February 10, 2020, effective 1/1/2020
43 CR 07, April 10, 2020, effective 4/30/2020
43 CR 11, June 10, 2020, effective 7/1/2020
43 CR 16, August 25, 2020, effective 10/14/2020
43 CR 21, November 10, 2020, effective 1/1/2021
44 CR 07, April 10, 2021, effective 4/30/2021
44 CR 08, April 25, 2021, effective 7/1/2021
44 CR 13, July 10, 2021, effective 7/30/2021
44 CR 20, October 25, 2021, effective 1/1/2022
44 CR 23, December 10, 2021, effective 1/1/2022
44 CR 23, December 10, 2021, effective 1/10/2022
45 CR 01, January 10, 2022, effective 1/30/2022
45 CR 11, June 10, 2022, effective 7/1/2022
45 CR 13, July 10, 2022, effective 8/10/2022
45 CR 21, November 10, 2022, effective 12/6/2022
46 CR 01, January 10, 2023, effective 12/6/2022
45 CR 19, October 10, 2022, effective 1/1/2023
46 CR 02, January 25, 2022, effective 1/1/2023
46 CR 02, January 25, 2023, effective 3/2/2023
46 CR 05, March 10, 2023, effective 3/30/2023
46 CR 19, October 10, 2023, effective 1/1/2024