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Revised October 2005 Quarterly Average Sales Price (ASP) Medicare Part B Drug Pricing File, Effective October 1, 2005

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MLN Matters. . .Information for Medicare Providers
(Issued by the Centers for Medicare & Medicaid Services)


Provider Types Affected

All Medicare providers who bill Medicare for Part B drugs

Provider Action Needed

Impact to You

CR4160 revises the payment allowance limits in the October 2005 Medicare Part B drug pricing files.

What You Need to Know

The revised October 2005 payment allowance limits apply to dates of service October 1, 2005, through December 31, 2005.

What You Need to Do

Make sure that your billing staffs are aware of these changes.

Background

The Medicare Modernization Act of 2003 (MMA), Section 303(c), revises the methodology for paying for Part B covered drugs and biologicals that are not paid on a cost or prospective payment basis. Effective January 1, 2005, these drugs are paid based on the new Average Sales Price (ASP) drug payment methodology.

The ASP file, used in the ASP methodology, is based on data Centers for Medicare & Medicaid Services (CMS) receives quarterly from manufacturers. Each quarter, CMS the will update your carrier and fiscal intermediary (FI) payment allowance limits with the ASP drug pricing files based on these manufacturers’ data.

Beginning January 1, 2005, the payment allowance limits for Medicare Part B drugs and biologicals that are not paid on a cost or prospective payment basis are 106 percent of the ASP, and CMS will update the payment allowance limits quarterly.

Exceptions to General Rule

However, there are exceptions to this general rule as summarized below:

  • For blood and blood products (with certain exceptions such as blood clotting factors), payment allowance limits are determined in the same manner they were determined on October 1, 2003.

Specifically, the payment allowance limits for blood and blood products are 95 percent of the Average Wholesale Price (AWP) as reflected in the published compendia. The payment allowance limits will be updated on a quarterly basis.

 

  • For infusion drugs furnished through a covered item of durable medical equipment (DME) on or after January 1, 2005, payment allowance limits will continue to be 95 percent of the AWP reflected in the published compendia as of October 1, 2003, regardless of whether or not the DME is implanted. The payment allowance limits will not be updated in 2005.

The payment allowance limits for infusion drugs furnished through a covered item of durable medical equipment that were not listed in the published compendia as of October 1, 2003, (i.e., new drugs) are 95 percent of the first published AWP.

 

  • For influenza, pneumococcal, and hepatitis B vaccines, payment allowance limits are 95 percent of the AWP as reflected in the published compendia.

 

  • For drugs, other than new drugs, not included in the ASP Medicare Part B Drug Pricing File or Not Otherwise Classified (NOC) Pricing File, payment allowance limits are based on the published Wholesale Acquisition Cost (WAC) or invoice pricing.

In determining the payment limit based on WAC, carriers/FIs will follow the methodology specified in Chapter 17 of the Medicare Claims Processing Manual for calculating the AWP, but substitute WAC for AWP. Chapter 17 (Drugs and Biologicals) is available at http://www.cms.hhs.gov/manuals/ 104_claims/clm104c17.pdf External PDFon the CMS Web site:

The payment limit is 100 percent of the WAC for the lesser of the lowest brand or median generic. Your carrier or FI may, at their discretion, contact CMS to obtain payment limits for drugs not included in the quarterly ASP or NOC files.

If available, CMS will provide the payment limits either directly to the requesting carrier/FI or by posting an MS Excel file on the CMS Web site. If the payment limit is available from CMS, carriers/FIs will substitute CMS-provided payment limits for pricing based on WAC or invoice pricing.

For new drugs and biologicals not included in the ASP Medicare Part B Drug Pricing File or NOC Pricing File, payment allowance limits are based on 106 percent of the WAC. This policy applies only to new drugs that were first sold on or after January 1, 2005.

 

  • The payment allowance limits for radiopharmaceuticals are not subject to ASP. Payment limits for radiopharmaceuticals are based on the methodology in place as of November 2003.

 

Your carrier/FI will not search and adjust claims that are processed prior to implementation of this change unless you bring such claims to their attention.

The payment limits included in the revised ASP and NOC payment files supersede the payment limits for these codes in any publication published prior to this document.

Note well Note that the absence or presence of a HCPCS code and its associated payment limit does not indicate Medicare coverage of the drug or biological. Similarly, the inclusion of a payment limit within a specific column does not indicate Medicare coverage of the drug in that specific category. The local Medicare contractor processing the claim will make these determinations.

Implementation
The implementation date for the instruction is November 28, 2005.

Additional Information
The official instructions issued to the intermediary regarding this change can be found at http://www.cms.hhs.gov/Transmittals/ External Link on the CMS Web site. On the above page, scroll down while referring to the CR NUM column on the right to find the link for CR4160. Click on the link to open and view the CR.

If you have questions, please contact your carrier/intermediary at their toll-free number which may be found at http://www.cms.hhs.gov/MedlearnProducts/downloads/CallCenterTollNumDirectory.pdf External Link on the CMS Web site.

Disclaimer
This article was prepared as a service to the public and is not intended to grant rights or impose obligations. This article may contain references or links to statutes, regulations, or other policy materials. The information provided is only intended to be a general summary. It is not intended to take the place of either the written law or regulations. We encourage readers to review the specific statutes, regulations and other interpretive materials for a full and accurate statement of their contents.

For more information, visit the Medlearn Matters Web page at: http://www.cms.hhs.gov/medlear n/matters/. External Link

Pub. 100-4, Transmittal# 729, CR# 4160
Medlearn Matters Number: MM 4160
Related CR Release Date: October 28, 2005
Effective Date: October 1, 2005
Implementation Date: November 28, 2005

Posted: 11/11/2005

CPT codes, descriptions, and other data only are copyright 2005 American Medical Association (or such other date of publication of CPT). All Rights Reserved. Applicable FARS/DFARS Apply.

ights Reserved. Applicable FARS/DFARS Apply.

 

 

   
 
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