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Section 1011 FAQ
FAQ 1 I understand there is a federal government program available to provide compensation for emergency treatment of undocumented aliens.  What is the background of this program?
A The Medicare Modernization Act. Section 1011 program was announced on May 9, 2005.  It provides federal funding of emergency health services furnished to undocumented aliens.  This program provides $250 million per year for the years 2005-2008 for hospital, certain physicians, and ambulance providers to recoup the costs of providing needed and EMTALA mandated emergency medical care.
FAQ 2 How are the annual CMS funds allocated?
A Two-thirds of the funds are be divided among all 50 states and the District of Columbia based on their relative percentages of undocumented aliens.  One-third is divided among the six states with the largest number of undocumented alien apprehensions.  CMS determined that the six states with the highest number of undocumented alien apprehensions were Arizona, California, Florida, New Mexico, New York, and Texas.
FAQ 3 Do ED physicians qualify for payment under the Section 1011 Program?
A Yes, as providers of EMTALA mandated emergency services ED physicians may submit claims under the 1011 program.
FAQ 4 What types of patients are approved as eligible types of patients for submitting bills under Section 1011?
A

Payments may be made only for services furnished to certain individuals described in the statute as:

  • Undocumented aliens (refers to person who enters the United States without legal permission or who fails to leave when his or her permission to remain in the United States expires).
  • Aliens who have been paroled into the United States at a U.S. port of entry for the purpose of receiving eligible services; and
  • Mexican citizens permitted to enter the United States for not more than 72 hours under the authority of a biometric machine-readable border crossing identification card (also referred to as a "laser visa") issued in accordance with the requirements of regulations prescribed under a specific section of the Immigration and Nationality Act.
FAQ 5 How do you enroll in the Section 1011 Program?

A

You first complete a Section 1011 Provider Enrollment Application which must be submitted electronically on the Office of Management and Budget approved form.  Secondly, Section 1011 payments are submitted electronically in the Undocumented Alien Reimbursement System (UARS).

The following two forms must be completed at the same time in addition to the enrollment application form:

  • Authorization Agreement for Electronic Funds Transfer (EFT)
  • Provider must attach a voided check or preprinted deposit slip with the form, or a verification letter from a bank or CU
  • Electronic Remittance Advice Request Form (ERA)
FAQ 6 How long does it take to verify the enrollment application?
A If all necessary documentation has been provided, verification usually takes two weeks. If any documents are missing, enrollment is considered incomplete and documents received will be returned to provider.
FAQ 7 What is the form that must be completed to determine if a patient is eligible for services under the Section 1011 Program and what information must be obtained from the patient and submitted on the form in order to satisfy the requirements for payment under Section 1011? I think this FAQ should be moved up maybe to 7 or 8.

A

The form that must be completed is entitled, "Section 1011 Provider Payment Determination".

At the top of page one of the form is a space in which the patient’s hospital Medical Record Number is to be listed. This space must be filled in.

The second space is for the listing of the patient’s "Place of Birth." This space must list the patient’s "Country of Birth."

Immediately below the space for "Place of Birth" is a box..  If the patient informs you that he or she is an undocumented alien, then this box is marked with a "check mark".  If the box is checked, then the "Provider Representative" who is filling out this form may simply proceed to the second page.
 
At the top of the second page is a heading, "Provider Representative Sign and Date." The provider representative then signs his or her name in the appropriate space, writes the date in the appropriate space, and writes in the next space (below the first two spaces) "Name of Hospital Providing Emergency Care."

This documentation on the form is all that is required if the patient states that he or she is an undocumented alien.  You may not directly ask if a patient is an undocumented alien. Some hospitals notify the patient that the cost of his or her medical treatment may be paid for by the US Government if the patient states that he or she is an undocumented alien. Some hospitals further state that any information provided on this form will not be used by the Department of Homeland Security to initiate enforcement of US immigration laws unrelated to an ongoing investigation or criminal investigation and that the information on this form will not be provided to US Immigration and Customs Enforcement.

If the patient does not inform you that he or she is an undocumented alien, then the Provider Representative continues to Question #1 on page # 1 of the form.  This question asks if the patient is eligible for, or enrolled in Medicaid.  If the patient answers "yes" then the box marked "YES" is checked, and a statement next to that box states, "A Section 1011 payment is generally not available for this patient.  If "Yes" is checked, the provider representative signs and documents the date in the appropriate spaces at the top of page 2 of the form.

If the patient is not eligible for or enrolled in Medicaid, the provider representative places a check mark in the box denoted by "No".  The provider representative is then asked to provide a reason for why the patient is not eligible for Medicaid.  A typical reason is "Patient is not an US citizen and does not possess any of the official forms recognizing him or her as a lawful permanent resident with a valid I-551 ("Green Card") nor is the patient an alien with a valid I-688B (Employment Authorization Card), nor is the patient in possession of a valid non-immigrant visa (such as students, tourists and business travelers).

The second question on the first page of the form asks if the patient is a Mexican citizen with a border-crossing card (i.e. laser visa, Form DSP-150) or has the patient been paroled into the United States at a US port of entry with a Form I-94 that is stamped with the term "Parole" or "Parolee"?

If the "Yes box is checked, then a photocopy of the patient’s Form DSP-150 or I-94 is attached to the "Provider Payment Determination".  The Provider Representative then signs and dates in the appropriate spaces at the top of page 2.

If the" No" box is checked or if the patient declines to answer or is unable to provide a copy of Form DSP-150 or I-94, the provider representative moves down to question #3.

Question #3 states that the combination of a reported foreign place of birth and verification can be used as an affirmative demonstration of eligibility. The provider representative will place a "check mark" in any of three boxes within this question which may be applicable.  Photocopies of any documentation obtained to establish payment eligibility must be attached to the provider payment determination form. Providers must check at least one box and obtain a photocopy of the verification in order to submit an individual payment request. 

The first box which may be checked refers to the patient possessing and providing for photocopying any of the following:  A foreign birth certificate, a foreign passport, a foreign voting card, an expired visa, a foreign driver’s license, a "Matricular Consular", or other foreign identification card.

The second box which may be checked states, "Submitted Social Security Number (SSN) is invalid or patient has never been issued a SSN." If this box is checked, documentation supporting the invalid SSN must be attached OR if the patient has never been issued a SSN, then the phrase "Patient has never been issued a SSN" must be underlined.

The third box under Question #3 is for Federal or State officers or agents to check and provide their agency name and the Agent’s name and/or ID.

Successful completion and maintenance of this form is required in order to submit claims for Federal payment for emergency services provided to undocumented aliens under Section 1011.

FAQ 8 How is compliance conducted for the 1011 program?

A

Compliance Review is conducted by Trail/blazer Health Enterprises, LLC, for the purpose of ensuring that on-call payments to physicians are properly calculated, and to ensure that inappropriate, excessive or fraudulent payments are not made.  Review is based on, among other things, identified aberrancies and claims volume.  Compliance review request letters sent from Trailblazer to providers will include a list of necessary documentation, (please refer to:
www.trailblazerhealth.com/section1011/Compliancereviews.aspx) that must be received within 14 days of request.

FAQ 9 How is over payment of claims handled?

A

Overpayment occurs when the provider receives payment in excess of the TrailBlazer approved payment amount (e.g., from patient or third-party payer).  A participating provider contractually agrees to repay the amount of overpayment to TrailBlazer.  Notification of overpayment by provider to Trailblazer will result in the amount of overpayment being withheld from the next quarterly payment.  If insufficient funds exist in the next quarter’s monies due the provider, the overpayment amount must be repaid to Trailblazer within 30 days, or risk debt collection being initiated through the Department of Treasury.  Notification of overpayment to TrailBlazer must include specific information concerning patient and provider, and is detailed at www.trailblazerhealth.com/section1011/complianceReviews.aspx.
  

Providers may also email inquiries to: section 1011@trailblazerhealth.com.

FAQ 10 Do Section 1011 guidelines mirror  EMTALA requirements?
A All services medically related to EMTALA are services necessary to inpatient and outpatient pre-stabilization. The reasons for stabilization determination must be thoroughly documented in medical records. If documentation is incomplete, stabilization determination will be found to have occurred in the second day of the stay.
FAQ 11 Can Hard copy payment requests be submitted for reimbursement?
A No, all section 1011 payments must be submitted through Electronic Data Interchange (EDI) Hard copy requests will be returned.
FAQ 12 What form needs to be completed and what information is mandatory when disputing a denied payment?
A

A Dispute Request Form is the only acceptable method of documentation to submit when a payment request is completely or even partially denied.  A Final Policy Notice cannot be disputed.

The form must be completed, and contain the following information:

  • Provider’s Name
  • Provider ID # (PIN)
  • Document Control Number (DCN)
  • Full Date Range of Service
  • Specific dates of items in dispute
  • Original amount submitted for reimbursement
  • Denied service and reason for dispute
  • Registering contact information including- name, title, telephone number, email address, and signature
  • Date of signature
  • Letter of representation
  • Appropriate documentation to support dispute

FAQ 13

How can a provider contact Section 1011 Customer Service for additional information regarding program?

A

TrailBlazer was designated the national contractor for Section 1011 Program in 2005.  Providers should contact Section 1011 Customer Service at TrailBlazer Health Enterprises, LLC at (866) 860-1011.  Written inquiries may be sent to:

TrailBlazer Health Enterprises, LLC
Section 1011
PO Box 660529
Dallas, TX  75266-0529

FAQ 14 What educational resources exist to learn more about section 1011, and how can I claim these funds?

A

Several sites and options exist to educate physicians about section 1011.  CMS and many Medicare intermediaries have information on their websites.

One of the most comprehensive is the TrailBblazer website.  Information is available at the following site:

http://www.trailblazerhealth.com/Section1011/outreacheducation.aspx

TrailBlazer has web based training; computer based training as well as teleconferences relating to section 1011.

An informational fact sheet can be accessed at this site:

http://www.cms.hhs.gov/MLNProducts/downloads/Sect1011_Web05-19-06.pdf 

FAQ 15 I understand that all of the Section 1011 four-year funds will probably not be expended by the end of the fund's term. What will happen to these dollars?

A

Congress expressly stated that the appropriations shall remain available until expended. In doing so, Congress removed all statutory time limits as to when the funds may be obligated.

The individual state fund allocations and remaining balances may be found on the TrailBlazer site

 

 
 
 
 
  
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