[Code of Federal Regulations] [Title 42, Volume 2] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR402.3] [Page 27-28] TITLE 42--PUBLIC HEALTH HUMAN SERVICES PART 402--CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS--Table of Contents Subpart A--General Provisions Sec. 402.3 Definitions. For purposes of this part: Assessment means the amount described in Sec. 402.107 and includes the plural of that term. Assignment-related basis means that the claim submitted by a physician, supplier or other person is paid on the basis of an assignment, whereby the physician, supplier or other person agrees to accept the Medicare payment as payment in full for the services furnished to the beneficiary and is precluded from charging the beneficiary more than the deductible and coinsurance based upon the approved Medicare fee amount. Additional obligations, including obligations to make refunds in certain circumstances, are established at section 1842(b)(3) of the Act. Claim means an application for payment for a service for which the Medicare or Medicaid program may pay. Covered means that a service is described as reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member. A service is not covered if it is specifically identified as excluded from Medicare Part B coverage or is not a defined Medicare Part B benefit. Exclusion means the temporary or permanent barring of a person or other entity from participation in the Medicare or State health care program and that services furnished or ordered by that person are not paid for under either program. General Counsel means the General Counsel of HHS or his or her designees. Knowingly or knowingly and willfully means that a person, with respect to information-- (1) Has actual knowledge of the information; (2) Acts in deliberate ignorance of the truth or falsity of the information; or (3) Acts in reckless disregard of the truth or falsity of the information; and (4) No proof of specific intent is required. Medicare supplemental policy means a policy guaranteeing that a health plan will pay a policyholder's coinsurance and deductible and will cover other limitations on payment imposed under title XVIII of the Act and will provide additional health plan or non-Medicare coverage for services up to a predefined benefit limit. NAIC stands for the National Association of Insurance Commissioners. Nonparticipating describes a physician, supplier, or other person (excluding any provider of services) that, at the time of furnishing the services to Medicare Part B beneficiaries, is not a participating physician or supplier. Participating describes a physician or supplier (excluding any provider of services) that, before the beginning of any given year, enters into an agreement with HHS that provides that the physician or supplier will accept payment under the Medicare program on an assignment-related basis for all services furnished to Medicare Part B beneficiaries. [[Page 28]] Penalty means the amount described in Sec. 402.105 and includes the plural of that term. Person means an individual, trust or estate, partnership, corporation, professional association or corporation, or other entity, public or private. Physicians' services means the following Medicare covered professional services: (1) Surgery, consultation, home, office and institutional calls, and other professional services performed by physicians. (2) Services and supplies furnished ``incident to'' a physician's professional services. (3) Outpatient physical and occupational therapy services. (4) Diagnostic x-ray tests and other diagnostic tests (excluding clinical diagnostic laboratory tests). (5) X-ray, radium, and radioactive isotope therapy, including materials and services of technicians. (6) Antigens prepared by a physician. Radiologist service means radiology services performed only by, or under the direction of, a physician who is certified, or eligible to be certified, by the American Board of Radiology or for whom radiology services account for at least 50 percent of the total amount of charges made under part B of title XVIII of the Act. Request for payment means an application submitted by a person to any person for payment for a service. Respondent means the person upon which CMS or OIG has imposed, or proposes to impose, a civil money penalty, assessment, or exclusion. Service includes-- (1) Any item, device, medical supply, or service claimed to have been furnished to a patient and listed in an itemized claim for program payment; or (2) In the case of a claim based on costs, any entry or omission in a cost report, books of account or other documents supporting the claim. State includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Timely basis means that the adjustment to a bill or a refund is considered ``on a timely basis'' if the physician, supplier, or other person makes the adjustment or refund to the appropriate party no later than 30 days after the date the physician, supplier, or other person is notified by the Medicare Part B contractor of the violation and the requirement to refund any excess collections.