Gastroenterology Coding Alert

Reader Questions:

Tour the Table for MUE Override Guidance

Question: Our gastroenterologist performed a medically necessary procedure and provided thorough documentation, but it violates MUE edits. Is there a legitimate way she can still get paid?

Oregon Subscriber

Answer: In certain circumstances, yes; however, there is not a blanket workaround for this type of situation. Without knowing the specifics of your particular situation, it’s impossible to give a definitive answer. Here’s some guidance on how to go about finding out.

The Centers for Medicare & Medicaid Services (CMS) states that medically unlikely units (MUEs) reflect the maximum number of units most of the properly reported claims for a particular code would have. This has been carefully calculated and therefore you shouldn’t need to override them very often. As you suspect, when the physician performs and documents a medically necessary number of services that exceeds this limit, you can sometimes override the MUE.

To figure out which circumstances might call for this, take a close look at the MUE table (https://www.cms.gov/medicare-medicaid-coordination/national-correct-coding-initiative-ncci/ ncci-medicare/medicare-ncci-medically-unlikely-edits) and see that it includes a column for “MUE Adjudication Indicator” (MAI). This provides guidance about what circumstances allow you to override an MUE limit for a given code. If the code has an MAI of “1,” the code is adjudicated on a claim-line basis, meaning that you can’t exceed the number of MUE units on a claim line. You are allowed to use one of the distinct-service modifiers (such as modifier 59 or the “X” modifiers) to override the edit if circumstances warrant.

An MAI of “2” means that the frequency limit is absolute for a date of service — you cannot override the edit with a modifier.

An MAI of “3” means that the frequency limit is based on the date of service, and Medicare will automatically deny any claims in excess of that limit, even if you use an appropriate modifier. However, Medicare will consider an appeal with appropriate documentation.

Note: You will likely need to supply documentation showing medical necessity for the additional units. And as always, be sure to check the payer’s reporting preferences.

Remember: If the payer denies the claim, you have the option to appeal. File an initial appeal with your carrier and follow the standard Medicare appeals process.