Billing for cytotech adequacy assessments

[Steve]

I'm trying to find some reference material to substantiate the
legality of billing for Immediate Adequacy Assessments for FNA's done
by cytotechs using CPT 88172. I know that AMA and CAP are in
disagreement with ASC about this code being a physician only use code
and being able to bill technical charges when a cytotech does the
immediate read.

Other hospitals that I've been at have successfully billed non-
Medicare insurance for this service. Some refuse since they use
Medicare rules for everything ( and lose a lot of money in the
process). Anyone out there have any solid references to how some
institutions get around this problem?

Thanks,