NYSSOS is pleased to report that the Workers Compensation Board (WCB)has revised a proposed rule on intraoperative neurophysiological monitoring to address numerous concerns raised by NYSSOS. As a result, the revised proposed rule now aligns with the current standard of practice and the standards of professional medical societies andpayers (including the Centers for Medicare and Medicaid Services), and assures that this critical service continues to be available for injured workers undergoing surgical procedures.
Based on concerns expressed by NYSSOS, the revised proposed rule includes important changes to several provisions. Among other provisions, the revised proposed rule:
Removed the requirement that the monitoring physician be in constant attendance and available for actual on-premises assistance.
Replaced the requirement for being on premises with a requirement that the Monitoring Physician be a WCB-authorized provider credentialed or with guest privileges where the procedure is being performed.
Removed reference to “available to provide actual on premises assistance.”
Deleted prohibition on using billing code 94941.
Added language clarifying that remote IOM billing shall not exceed the amount billed using code 95940
The revised rule is now subject to a 45-day public comment period.
To read the revised proposed rule CLICK HERE.
To read NYSSOS's letter to WCB supporting the revised proposed regulation and urging its final adoption CLICK HERE.