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Laboratory Date of Service Exception – 6-Month Enforcement Discretion Period Announced for Date of Service Exception
August 2, 2018The Centers for Medicare & Medicaid Services’ Center for Medicare (CM) announced that it will exercise enforcement discretion until January 2, 2019, with respect to the laboratory date of service (DOS) exception policy at 42 CFR 414.510(b)(5) under the Medicare Clinical Laboratory Fee Schedule (CLFS). During the enforcement discretion period, hospitals may continue to bill for ADLTs and molecular pathology tests that would otherwise be subject to the new laboratory DOS exception. This enforcement discretion applies to providers and suppliers with regard to advanced diagnostic laboratory tests (ADLTs) and molecular pathology tests subject to the new laboratory date of service exception policy as adopted in the CY 2018 Medicare Hospital Outpatient Prospective Payment System/Ambulatory Surgical Center final rule published on December 14, 2017 (82 FR 59393)