BC Advantage - 2026 Issue 4
Incident To: Expanded Flexibility, Undefined Boundaries
In 2026, CMS made a meaningful change to the incident to supervision requirements. It did not take long for this update to raise questions for compliance professionals, auditors, and practice leaders. Historically, direct supervision required the supervising physician to be physically present in the office suite and immediately available. The update allows direct supervision to be furnished virtually rather than requiring the physician to be physically present in the office suite. However, CMS did not address a critical operational question. Where can the physician be located while providing that supervision? There is no clear guidance on geographic proximity, state...
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