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Minnesota Administrative Rules

9505.0365 PROSTHETIC AND ORTHOTIC DEVICES.

Subpart 1.

Definitions.

The terms used in this part have the meanings given them.

A.

"Ambulatory aid" means a prosthetic or orthotic device that assists a person to move from place to place.

B.

"Prosthetic or orthotic device" means an artificial device as defined by Medicare to replace a missing or nonfunctional body part, to prevent or correct a physical deformity or malfunction, or to support a deformed or weak body part.

C.

"Physiatrist" means a physician who specializes in physical medicine or physical therapy and who is board certified by the American Board of Physical Medicine and Rehabilitation.

Subp. 2.

Eligible providers; medical supply agreement.

To be eligible for medical assistance payment, a supplier of a prosthetic or orthotic device must sign a performance agreement as defined in part 9505.0175, subpart 32.

Subp. 3.

Payment limitation; ambulatory aid.

To be eligible for medical assistance payment, an ambulatory aid must be prescribed by a physician who is knowledgeable in orthopedics or physiatrics or by a physician in consultation with an orthopedist, physiatrist, physical therapist, or occupational therapist, or by a podiatrist.

Prior authorization of an ambulatory aid is required for an aid that costs in excess of the limits specified in the provider's performance agreement.

Subp. 4.

[Repealed, 17 SR 2042]

Subp. 5.

Payment limitation; general.

The cost of repair to a prosthetic or orthotic device that is rented or purchased by the medical assistance program under a warranty is not eligible for medical assistance payment if the repair is covered by warranty.

Subp. 6.

Excluded prosthetic and orthotic devices.

The prosthetic and orthotic devices in items A to J are not eligible for medical assistance payment:

A.

a device for which Medicare has denied the claim as not medically necessary;

B.

a device that is not medically necessary for the recipient;

C.

a device, other than a hearing aid, that is provided to a recipient who is an inpatient or resident of a long-term care facility and that is billed directly to medical assistance except as in part 9505.0310, subpart 2;

D.

repair of a rented device;

E.

routine, periodic service of a recipient's device owned by a long-term care facility;

F.

a device whose primary purpose is to serve as a convenience to a person caring for the recipient;

G.

a device that is not received by the recipient;

H.

a device that serves to address social and environment factors and that does not directly address the recipient's physical or mental health;

I.

a device that is supplied to the recipient by the physician who prescribed the device or by the consultant to the physician in subpart 3; and

J.

a device that is supplied to the recipient by a provider who is an affiliate of the physician who prescribes the device for the recipient or of the consultant to the physician as in subpart 3. For purposes of this item, "affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with the referring physician.

Statutory Authority:

MS s 256B.04

History:

12 SR 624; 17 SR 2042

Published Electronically:

August 12, 2008

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569