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CMS Makes Virtual Supervision Permanent for Incident-to Billing

Starting January 1, 2026, supervising physicians are no longer required to be physically present in the office suite in order to possibly bill a service incident-to. They can now be virtually present. However, CMS was not clear as to whether the supervising physician needed to be connected virtually at the time they are needed vs. calling them to get online. Until CMS clarifies, It is our opinion that the supervising physician should be connected virtually at the time they are needed.

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