CMS Pub. 100-02, ch. 6, § 20.2

A hospital outpatient is a person who has not been admitted by the hospital as an

inpatient but is registered on the hospital records as an outpatient and receives services

(rather than supplies alone) from the hospital or CAH. Where a tissue sample, blood

sample, or specimen is taken by personnel that are neither employed nor arranged for by

the hospital and is sent to the hospital for performance of tests, the tests are not outpatient

hospital services since the patient does not directly receive services from the hospital.

See section 70.5 for coverage of laboratory services furnished to nonhospital patients by a

hospital laboratory unless the patient is also a registered hospital outpatient receiving

outpatient services from the hospital on the same day and the hospital is not a CAH or

Maryland waiver hospital. Similarly, supplies provided by a hospital supply room for use

by physicians in the treatment of private patients are not covered as an outpatient service

since the patients receiving the supplies are not outpatients of the hospital. (See the

Medicare Benefit Policy Manual, Pub. 100-02, Chapter 1,“Inpatient Hospital Services,”

section 10, for the definition of “inpatient.”)

Where the hospital uses the category "day patient," i.e., an individual who receives

hospital services during the day and is not expected to be lodged in the hospital at

midnight, the individual is considered an outpatient. For information on outpatient

observation status, refer to section 20.6 of this chapter and to the Medicare Claims

Processing Manual, Pub.100-04, chapter 4, section 290, “Outpatient Observation

Services.” For information on conditions when an inpatient admission may be changed

to outpatient status, refer to the Medicare Claims Processing Manual, Pub.100-04,

Chapter 1, “General Billing Requirements,” section 50.3.

The inpatient of a SNF may be considered the outpatient of a participating hospital.

However, the inpatient of a participating hospital cannot be considered an outpatient of

that or any other hospital.

Outpatient hospital services furnished in the emergency room to a patient classified as

“dead on arrival” are covered until pronouncement of death, if the hospital considers such

patients as outpatients for record-keeping purposes and follows its usual outpatient billing

practice for such services to all patients, both Medicare and non-Medicare. This

coverage does not apply if the patient was pronounced dead prior to arrival at the

hospital.