Question: Washington, D.C. Subscriber Answer: The rule: Effective for any services performed on Feb. 12 or thereafter, the following three procedures are not covered for patients with type II diabetes (250.x0 or 250.x2) and a BMI under 35 (V85.0-V85.34): • Open and laparoscopic Roux-en-Y gastric bypass (43846, Gastric restrictive procedure, with gastric bypass for morbid obesity; with short limb [150 cm or less] Rouxen-Y gastroenterostomy and 43644, Laparoscopy, surgical, gastric restrictive procedure; with gastric bypass and Roux-en-Y gastroenterostomy [roux limb 150 cm or less]) • Laparoscopic adjustable gastric banding (43770, Laparoscopy, surgical, gastric restrictive procedure; placement of adjustable gastric restrictive device [e.g., gastric band and subcutaneous port components] and 43773, ... removal and replacement of adjustable gastric restrictive device component only) • Open and laparoscopic biliopancreatic diversion with duodenal switch (43845-43847, Gastric restrictive procedure with partial gastrectomy ... and 43645, Laparoscopy, surgical, gastric restrictive procedure; with gastric bypass and small intestine reconstruction to limit absorption). The upside: CMS will cover these procedures in patients who have type II diabetes and a BMI of 35 or higher. Visit www.cms.hhs.gov/MLNMattersArticles/downloads/MM6419.pdf for more information.