Question: North Carolina Subscriber Before pursuing the DME option, you should consult with an attorney. Although sleep studies (polysomnography 95808-95811) are not a designated health service (DHS), CPAP equipment is. So although you can refer patients to a lab that you have a financial interest in for the study and be OK, Stark kicks in for the CPAP dispensing under DME. Stark II law prevents the sleep lab owner (or referral source) from also owning a medical equipment company, unless it represents "an extension of practice" for the sleep provider. An attorney well-versed in healthcare law and Stark could make this distinction. Even so, managed-care companies often designate specific providers for services, similar to capitated lab services.
Answer: When you manage the patient's follow-up care, you should use 99212-99215 (Office or other outpatient visit for the evaluation and management of an established patient É) to capture the professional services.