[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR410.37]



[Page 333-335]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 410_SUPPLEMENTARY MEDICAL INSURANCE (SMI) BENEFITS--Table of Contents

 

               Subpart B_Medical and Other Health Services

 

Sec. 410.37  Colorectal cancer screening tests: Conditions for and 

limitations on coverage.



    (a) Definitions. As used in this section, the following definitions 

apply:

    (1) Colorectal cancer screening tests means any of the following 

procedures furnished to an individual for the purpose of early detection 

of colorectal cancer:

    (i) Screening fecal-occult blood tests.

    (ii) Screening flexible sigmoidoscopies.

    (iii) In the case of an individual at high risk for colorectal 

cancer, screening colonoscopies.

    (iv) Screening barium enemas.

    (v) Other tests or procedures established by a national coverage 

determination, and modifications to tests under this paragraph, with 

such frequency and payment limits as CMS determines appropriate, in 

consultation with appropriate organizations

    (2) Screening fecal-occult blood test means--

    (i) A guaiac-based test for peroxidase activity, testing two samples 

from each of three consecutive stools, or,

    (ii) Other tests as determined by the Secretary through a national 

coverage determination.

    (3) An individual at high risk for colorectal cancer means an 

individual with--

    (i) A close relative (sibling, parent, or child) who has had 

colorectal cancer or an adenomatous polyp;

    (ii) A family history of familial adenomatous polyposis;

    (iii) A family history of hereditary nonpolyposis colorectal cancer;

    (iv) A personal history of adenomatous polyps; or

    (v) A personal history of colorectal cancer; or



[[Page 334]]



    (vi) Inflammatory bowel disease, including Crohn's Disease, and 

ulcerative colitis.

    (4) Screening barium enema means--

    (i) A screening double contrast barium enema of the entire 

colorectum (including a physician's interpretation of the results of the 

procedure); or

    (ii) In the case of an individual whose attending physician decides 

that he or she cannot tolerate a screening double contrast barium enema, 

a screening single contrast barium enema of the entire colorectum 

(including a physician's interpretation of the results of the 

procedure).

    (5) An attending physician for purposes of this provision is a 

doctor of medicine or osteopathy (as defined in section 1861(r)(1) of 

the Act) who is fully knowledgeable about the beneficiary's medical 

condition, and who would be responsible using the results of any 

examination performed in the overall management of the beneficiary's 

specific medical problem.

    (b) Condition for coverage of screening fecal-occult blood tests. 

Medicare Part B pays for a screening fecal-occult blood test if it is 

ordered in writing by the beneficiary's attending physician.

    (c) Limitations on coverage of screening fecal-occult blood tests. 

(1) Payment may not be made for a screening fecal-occult blood test 

performed for an individual under age 50.

    (2) For an individual 50 years of age or over, payment may be made 

for a screening fecal-occult blood test performed after at least 11 

months have passed following the month in which the last screening 

fecal-occult blood test was performed.

    (d) Condition for coverage of flexible sigmoidoscopy screening. 

Medicare Part B pays for a flexible sigmoidoscopy screening service if 

it is performed by a doctor of medicine or osteopathy (as defined in 

section 1861(r)(1) of the Act), or by a physician assistant, nurse 

practitioner, or clinical nurse specialist (as defined in section 

1861(aa)(5) of the Act and Sec. Sec. 410.74, 410.75, and 410.76) who is 

authorized under State law to perform the examination.

    (e) Limitations on coverage of screening flexible sigmoidoscopies. 

(1) Payment may not be made for a screening flexible sigmoidoscopy 

performed for an individual under age 50.

    (2) For an individual 50 years of age or over, except as described 

in paragraph (e)(3) of this section, payment may be made for screening 

flexible sigmoidoscopy after at least 47 months have passed following 

the month in which the last screening flexible sigmoidoscopy or, as 

provided in paragraphs (h) and (i) of this section, the last screening 

barium enema was performed.

    (3) In the case of an individual who is not at high risk for 

colorectal cancer as described in paragraph (a)(3) of this section but 

who has had a screening colonoscopy performed, payment may be made for a 

screening flexible sigmoidosocopy only after at least 119 months have 

passed following the month in which the last screening colonoscopy was 

performed.

    (f) Condition for coverage of screening colonoscopies. Medicare Part 

B pays for a screening colonoscopy if it is performed by a doctor of 

medicine or osteopathy (as defined in section 1861(r)(1) of the Act).

    (g) Limitations on coverage of screening colonoscopies. (1) 

Effective for services furnished on or after January 1, 1998 through 

June 30, 2001, payment may not be made for a screening colonoscopy for 

an individual who is not at high risk for colorectal cancer as described 

in paragraph (a)(3) of this section.

    (2) Effective for services furnished on or after July 1, 2001, 

except as described in paragraph (g)(4) of this section, payment may be 

made for a screening colonoscopy performed for an individual who is not 

at high risk for colorectal cancer as described in paragraph (a)(3) of 

this section, after at least 119 months have passed following the month 

in which the last screening colonoscopy was performed.

    (3) Payment may be made for a screening colonoscopy performed for an 

individual who is at high risk for colorectal cancer as described in 

paragraph (a)(3) of this section, after at least 23 months have passed 

following the month in which the last screening colonoscopy was 

performed, or, as provided in paragraphs (h) and (i) of this



[[Page 335]]



section, the last screening barium enema was performed.

    (4) In the case of an individual who is not at high risk for 

colorectal cancer as described in paragraph (a)(3) of this section but 

who has had a screening flexible sigmoidoscopy performed, payment may be 

made for a screening colonoscopy only after at least 47 months have 

passed following the month in which the last screening flexible 

sigmoidoscopy was performed.

    (h) Conditions for coverage of screening barium enemas. Medicare 

Part B pays for a screening barium enema if it is ordered in writing by 

the beneficiary's attending physician.

    (i) Limitations on coverage of screening barium enemas. (1) In the 

case of an individual age 50 or over who is not at high risk of 

colorectal cancer, payment may be made for a screening barium enema 

examination performed after at least 47 months have passed following the 

month in which the last screening barium enema or screening flexible 

sigmoidoscopy was performed.

    (2) In the case of an individual who is at high risk for colorectal 

cancer, payment may be made for a screening barium enema examination 

performed after at least 23 months have passed following the month in 

which the last screening barium enema or the last screening colonoscopy 

was performed.



[62 FR 59100, Oct. 31, 1997, as amended at 66 FR 55329, Nov. 1, 2001; 67 

FR 80040, Dec. 31, 2002]