(a) CMS adjusts the base rate for low-volume ESRD facilities, as defined in paragraph (b) of this section.
(b) Definition of low-volume facility. A low-volume facility is an ESRD facility that:
(1) Furnished less than 4,000 treatments in each of the 3 years preceding the payment year; and
(2) Has not opened, closed, or had a change in ownership in the 3 years preceding the payment year.
(c) For the purpose of determining the number of treatments under paragraph (b)(1) of this section, the number of treatments considered furnished by the ESRD facility shall equal the aggregate number of treatments furnished by the ESRD facility and the number of treatments furnished by other ESRD facilities that are both:
(1) Under common ownership with, and
(2) 25 miles or less from the ESRD facility in question.
(d) The determination under paragraph (c) of this section does not apply to an ESRD facility that was in existence and certified for Medicare participation prior January 1, 2011.
(e) Common ownership means the same individual, individuals, entity, or entities, directly, or indirectly, own 5 percent or more of each ESRD facility.
(f) To receive the low-volume adjustment, an ESRD facility must provide an attestation statement to their Medicare administrative contractor that the facility has met all the criteria as established in paragraphs (a), (b), (c), and (d) of this section.
(g) The low-volume adjustment applies only for dialysis treatments provided to adults (18 years or older).
[75 FR 49200, Aug. 12, 2010]
Title 42 published on 2012-10-01
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