Rehab

Appeals court rejects "incident to" lawsuit

Rehab Regs, July 14, 2006

The U.S. Fifth Circuit Court of Appeals in New Orleans last week affirmed a lower court ruling that athletic trainers did not meet CMS' standards to provide therapy services "incident to" a physician's services, according to PT Bulletin Online.

The court ruled that it lacked jurisdiction to consider the lawsuit filed by the National Athletic Trainers Association challenging the qualification standards issued by CMS in 2005.

The appeals court agreed with a federal district judge's decision that physicians who bill Medicare for "incident to" services do not exhaust available administrative remedies by filing claims to challenge the regulations, PT Bulletin reported.

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