Medicare Benefit Policy Manual (Pub. 100-02), Ch. 16 § 50.2
Items and Services Furnished by Federal Provider of Services or
50.2 - Items and Services Furnished by Federal Provider of Services or
Federal Agency
(Rev. 1, 10-01-03)
A3-3153.2, HO-260.3.A, B3-2309.1
Generally, Federal providers are excluded from participation in the Medicare program.
However, Federal hospitals, like other nonparticipating hospitals, may be paid for
emergency inpatient and outpatient hospital services. Additionally, payment is precluded
for items and services rendered by a federally operated nonprovider, e.g., Veterans
Administration clinics. A provider or other facility acquired by the Department of
Housing and Urban Development (DHUD) in the administration of an FHA mortgage
insurance program is not considered to be a Federal provider or agency and this exclusion
is not applicable to services furnished by such facilities. The law provides exceptions to
this exclusion which permits the following categories of Federal providers to participate
in Medicare:
•
Hospitals and SNFs of Indian Health Service; and
•
A Federal provider which is determined to be providing services to the public
generally as a community institution or agency. VA hospitals which have sharing
agreements with non-VA participating hospitals under which the VA hospitals
furnish end-stage renal disease (ESRD) services to nonveterans may be
considered community hospitals with respect to any otherwise covered service
rendered to ESRD beneficiaries. This exception does not apply to Federal clinics
or other Federal health facilities which are not “providers of services” as defined
in the Medicare law, i.e., which are not hospitals, SNFs, HHAs or CORFs. The
CMS is responsible for processing claims for services furnished directly by
Federal providers. If the A/B MAC (A) were to receive a request for Medicare
reimbursement of such services it would forward the request to:
Centers for Medicare & Medicaid Services
Office of Financial Management
P.O. Box 17255
Baltimore, Maryland 21203-7255
NOTE: The VA copayment provisions mentioned in §50.1.1 also applies to inpatient
services furnished in a VA hospital. Should the A/B MAC (A) receive a request for
Medicare reimbursement of VA copayment amounts for emergency services furnished by
VA hospitals, it would refer the request to CMS.