Statutory Language Overview
Statutory Requirements for sleep technologists can vary greatly from state to state. Some states require licensure for sleep technologists, while other states do not address education or training for sleep technologists at all in their statutes. The following information outlines the statutory requirements in each state for sleep technologists. Basically, the practice for sleep technologists (polysomnography) falls into five categories.
1. States which have a Polysomnography Licensure Practice Act
California, Delaware, Louisiana, Maryland, New Jersey, New Mexico, New York, North Carolina, Oregon, Tennessee, Virginia and Washington D.C. are the only jurisdictions with a Polysomnography Practice Act, which provides sleep technologists a specific licensure/certification pathway.
2. States that contain exemption language for sleep technologists in their Respiratory Care Practice Act
Twenty-nine states contain general exemption language in their respective Respiratory Care Acts. General exemption language allows sleep technologists to work within their scope of practice while under the direction of a licensed physician. States that have exemption language include:
AL, AZ, AR, CO, GA, HI, IL, IN, IA, KS, ME, MA, MI, MN, MS, MO, NE, NV, OH, OK, PA, SC, SD, TX, UT, VT, WA, WV, WY
3. States that specifically define sleep technologists - and their scope of practice in the Respiratory Care Practice Act.
Idaho, New Hampshire and North Dakota specifically define sleep technology and the sleep technology scope of practice in the state's respective Respiratory Care Acts.
4. States that do not address the practice of sleep technology at all in the Respiratory Care Practice Act.
Six states contain a Respiratory Practice Care Act that does not address the practice of sleep technology. These states include: CT, FL, KY, MT, RI, WI.
5. One state, Alaska does not have either a Polysomnography or Respiratory Care Practice Act.
Searching for Medicare Policies
Go to the CMS Centers for Medicare & Medicaid Services website to search the Medicare Coverage Database. The Medicare Coverage Database includes documents such as articles and policies related to all Medicare programs including but not limited to Part B coverage and DME. Using the advanced search feature described below, you can search policy and article information by contractor and/or state.
To search by Document ID, enter the ID and click "search by ID"
Select the coverage you would like to search – for example, “local coverage.”
Choose the geographic area you would like to search (you can search all states, or your specific area).
Enter your keyword (aka “sleep”) and/or the CPT/HCPCS code you would like to search (aka "95810").
Click “search by type” to be taken to a page with your search results.
Often “sleep” is a better term to use than something too specific.
Spell out acronyms such as Independent Diagnostic Testing Facility. If you use IDTF as your search term, you may not get any hits. Using Independent Diagnostic Testing Facility provides several hits.
Above the "search by type" button, click the link "Need more search power? Try Advanced Search" to get to the Advanced Search Feature. You may want to use this feature if your basic search did not produce the desired results.
The advanced search option includes the following steps:
Step 1 - Select the document type you want to search. By selecting national coverage or local coverage you are given the option to search for different types of documents. For local coverage, policies and articles are available. The national coverage option includes additional document types such as analyses, decisions and technology assessments. National coverage decisions and local coverage policies and articles will be most helpful to you for a typical search. You can also choose to search both national and local coverage.
Step 2 (Local Coverage) - This step only appears when you click to search local coverage or both national and local coverage. Use this feature to help locate information on your geographic area and/or contractor. There is also a link to completed A/B Medicare Administrative Contractor (MAC) transitions as well as links to view county listings and region descriptions.
Note: If you are in a state where a new MAC has been announced, do not assume that on the date the announcement was made you automatically begin using the new contractor’s policies. The transition period from one contractor to another may take months. Use this web site to see what policy is now in force in your state and look for announcements on the new Contractor’s website/newsletters indicating when the policies will change for your state.
Step 3 (Local Coverage) / Step 2 (National Coverage) - Optional search criteria. Use this option if you intend to search by code number, range of codes or by date. Note: when specifying multiple criteria, only records meeting all criteria are returned.
Once you have completed all necessary fields of the advanced search feature, click “search by type” to produce your results.
The CMS Centers for Medicare & Medicaid Services website features a basket tool, which appears as an image of a basket at the top of the search page. Use this to tool to save documents as you review your results. The basket tool is particularly useful if you perform multiple searches.