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12/04/2023 Janet McCormick, MS
Richard M. Maleski, DPM, RPh
I agree with Dr. Maleski that Medicare and insurance patients should not have services in a podiatry practice by an MNT. If a patient is in treatment, they are only within the scope of care for RFC by the podiatrist, period, and a podiatrist that is billing insurance and Medicare for services performed by an MNT is billing improperly and fraudulently. This is stated many times in the MNT program and graduates are instructed in this clearly. Sadly, some podiatrists bypass this when the client gets to the counter and bill the care anyhow to insurance or Medicare. I experienced this myself in a podiatry practice once and had to insist on paying for the RFC I had that day!
Since 1995, the patients who are eligible to have their RFC billed to insurance and Medicare have reduced in percentage dramatically due to a ruling by Medicare and have become cash RFC. Many of the patients are no longer eligible for this benefit, These "well" patients are the ones who go to the MNT for their RFC and pedicures. These cash services by an MNT are legal and are a full payment the practice can depend on and enjoy, not the puny reimbursement by insurance and Medicare that is reluctantly paid. When the podiatrists market to their clientele their recommendations for safe pedicures and RFC in their practice, a very high number immediately come in, though they are well and do not need foot care at that moment. Safe cosmetic care has become a high priority among many people in communities.
I do believe it is out and out fraud to bill an MNT service to insurance or Medicare. It is clear who an MNT can perform care on in a practice. Podiatrists view MNTs as a way to get patients into their office on a regular basis, a positive in every way, both in cash-on-the-counter and in preventive care. It also keeps them out of salons with poor sanitation practices and having services by nail technicians with no training in preventive care for the chronically ill. Further, having an MNT in the office brings in new clients for cosmetic care who then can be referred to the podiatrist when they need medical foot care. The podiatrist becomes "my podiatrist" in their mind, even before they need them - the MNT is trained to create this mindset and it works!
n summary, the law has not changed. The podiatrist must perform the care (RFC) on an ill patient in treatment and no, they cannot bill an MNTs services to insurance or Medicare, The services by MNTs are considered cosmetic, though their license does include RFC as per the definition of that care. Also, in every state I know of, the room the MNT works in must be licensed as a salon, though it still is a fully equipped podiatry room for use when the MNT is not present. This is a simple process to complete and does not change the room (or practice) in any way. Yes, there are nuances in adding an MNT but clarification does come easy.
Janet McCormick, MS, Nailcare Academy, LLC, Naples, FL
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