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CMS Revises Nebulizer Policy and ABN Form

Published in Government Relations on February 11, 2026

CMS has issued an update regarding revisions to the CMS Nebulizer Policy Article and guidance on the Advanced Beneficiary Notice of Noncoverage (ABN) Form. 

For dates of service on or after Feb. 1, 2026, suppliers must include the KX, GA, or GZ modifier to claims for the following nebulizer items: 

  • Nebulizers 
  • Nebulizer-related drugs 
  • Nebulizer-related supplies 

CMS has indicated that they will reject claims submitted without one of these modifiers. For more information, see the Nebulizer Local Coverage Determination (LCD) or Nebulizer Policy Article. 

Advance Beneficiary Notice of Noncoverage (ABN) Expiration Update 

CMS has advised providers to continue to use the Advance Beneficiary Notice of Noncoverage (ABN) Form CMS-R-131 despite it expiring on Jan. 31, 2026. 

CMS advises monitoring the CMS Beneficiary Notices Initiative website for updates. CMS will announce it on this site once the Office of Management and Budget (OMB) approves the updated form. Providers will have 60 calendar days to start using the updated version from the date of the CMS announcement.  

Click here for the CMS Beneficiary Notices Initiative (BNI) and CGS News webpages. 

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