Secure Transfer System »     Client Portal Access »

Archive for April, 2011

Of Royalty and Medicine

Posted by J. Paul Spencer, CPC, CPC-H in Industry Updates

It just figures. Today is my 45th birthday. Ideally, every person who has a birthday (depending on age) wants the day to be all about them. In the past, such things as the evacuation of Saigon in 1975 and the LA riots in 1992 have occurred to take the spotlight off of me.  So what happens on my birthday this year? A royal wedding in England. Of course, being that it happened at Greenwich Mean Time, we were all asleep, so that’s that. All things being equal, I have better hair than Prince William anyway.

While I’m on the subject of royalty, I have to admit to the reader that one of my favorite TV shows (currently on hiatus) is Royal Pains on the USA Network. The plot line of the show involves an ER physician in New York City who, half by happenstance and half by extraordinary demonstration of skill (it’s a TV show), ends up as a doctor-on-demand (commonly referred to as concierge medicine) for rich people in the Hamptons on Long Island. Thanks to the umbrella of suspension of disbelief that comes with television, the protagonist has treated people for such things as leprosy, lyme disease, hemophilia and parrot fever.   

Out in the real world, it turns out that concierge medicine is beginning to take hold across the country. A recent article in the Boston Globe indicates that due to long hours, enormous caseloads, insurance headaches and a desire to deliver more personalized care, physicians are slowly beginning to warm up to the concierge model.

Medicine on demand works like this. For a yearly retainer, usually in the $1,000-$2,000 range, you have access to a doctor at any time for any health issue. Concierge practices have varying policies with regard to insurance acceptance on top of the retainer. There also exist what are called “hybrid practices” in which doctors have an equal number of retainer-based patients and those with insurance coverage.

On the surface, provided you have money for both the initial outlay and insurance premiums, this sounds like a good deal. There are some catches though, the foremost of which being that there appear to be less than 800 physicians nationally with such a practice, according to an October 2010 government-commissioned study.

The article in the Globe tells the story of two high ranking internal medicine physicians who were affiliated with Newton-Wellesley Hospital in Newton, Massachusetts who joined a company based in Florida that assists physicians in running concierge practices. Soon, their practices that treat 3,000 patients apiece will shrink to 600, an 80% reduction in workload. This will feel like a great deal to the physicians and the 1,200 patients with care on demand, but for the patients of their former practice, it represents an unexpected barrier to primary care at a time when most medical school graduates are focusing on specialty medicine.

The basic idea behind the Patient Protection and Affordable Care Act was that every patient has access to insurance coverage. Medicare initiatives over the past year have focused almost solely on reducing costs. Access to quality health care is another matter altogether that has been largely ignored, save for provisions aimed to increase the number of medical school graduates that enter the world of primary care. The results of this particular initiative are more than likely a decade away from making a real difference in the current state of unbalance between primary and specialist care.

As it stands right now, concierge medicine does not represent a threat to the medical delivery system for those without the dollars to explore the option. Yet with the insurance industry in a downward spiral of offering fewer tangible benefits for ever-increasing premiums, the trend of concierge medicine is one that deserves close observation as we get closer to full implementation of PPACA.

The RAConteur: The First Numbers Are In

Posted by J. Paul Spencer, CPC, CPC-H in The RAConteur™

As the reader knows, The RAConteur is usually a Wednesday proposition, but an update hit my inbox this morning that begins to give hints of results of the Recovery Audit Contractor program.

On the Medicare RAC page, a document was added this morning entitled “2011 FFS Newsletter“. When opened, it shows the overall financial results of the RAC program.

In all, the RAC program has identified $365.8 million in improper payments in the period from October of 2009 thru the end of March 2011. From this number, $313.2 million were overpayments and $52.6 million were underpayments that were returned to providers. This already reflects one key percentage change. Under the RAC demonstration program, roughly 96% of improper payments identified were overpayments. Thus far under the permanent program, the percentage is 86%, which represents a decline, but not enough to make affected providers feel any better about the RAC process.

Of the total improper payments identified since October of 2009, $184.6 million, or just over 50%, were identified in the first quarter of 2011. This represents a nearly 114% increase in the identification of improper payments from the last quarter of 2010. Factor in the number of issues that have been added to the RAC websites since the beginning of the calendar year, and all trends point to the RACs rapidly expanding their activities.

The total numbers released represent a time period of one-half of the entire RAC Demonstration project. Interestingly, the improper payments identified through 6 quarters is 35.5% of the total improper payments identified in the 12 quarters of the Demonstration Project. With the enormous jump in improper payments in the last two quarters, it is reasonable to expect that the quarterly numbers will continue to increase at their present rate.

The one-page report identifies the largest RAC issues for each contractor. For Connolly Consulting and Health Data Insights, the Region C and D contractors respectively, the top issue has been the billing and reimbursement of durable medical equipment during an inpatient stay, which is considered a bundled component of the inpatient services. For Diversified Collection Services, the Region A RAC, the top issue has been the identification of coding errors related to improper calculations of the number of hours of ventilator support. CGI, the Region B RAC, has identified the improper surgical DRG being selected based on the severity of the primary and/or secondary diagnosis selected for the procedure performed during a stay. All of these problems are representative of the current heavy RAC focus on Part A services.  

While the grand totals offered by CMS are interesting, there are two sets of numbers that are glaring in their absence.

During the RAC Demonstration Project, 12.7% of claim determinations were appealed, with the rate of successful provider appeals being 64.4%. The one-page RAC results “newsletter” offers no indication of either the percentage of total claims appealed or the success rate of appeals filed. 

With this temporary void, we are left to review the results of the American Hospital Association’s RACTrac report. The latest report from the final quarter of 2010 shows that hospitals taking part in the survey have submitted successful appeals 85% of the time. I eagerly await the final appeal totals from CMS to see if the numbers under the permanent RAC program are on a par with these findings or perhaps show signs of improvement.

The other numbers that are missing have to do with the overall job performance of the RAC contractors. Provider Resources, Inc., the RAC Validation Contractor, is tasked with assigning a score to each of the four RACs that acts as a grade to assess the quality of the work product of the contractors. To date, none of these scores have been revealed by CMS. While there have been anecotes regarding less-than-adequate RAC performance across the country, in the context of the missing appeal numbers, there is currently no way to determine the quality of the work being produced by the RAC contractors.   

There are many conclusions to be reached from this first set of numbers, but it is reasonable to conclude that the Recovery Audit Contractors have now joined the pantheon of the many entrenched government programs we have come to know and barely tolerate.

The Doctor and the Lampshade

Posted by J. Paul Spencer, CPC, CPC-H in Medical Studies

For the last few years, I have had good reason to look forward to Good Friday. Every year, Dean and Lori, two friends of mine, host a Good Friday Fish Fry. Lori is an amazing chef, and she oversees the preparation of roughly 6 or 7 various fish dishes for mass consumption. I’ll be knee-deep in the most amazing seafood about 5 hours from now.

Of course, no gathering of this type would be complete, especially in Milwaukee, without plentiful libations. Last year was an especially abundant year in that department at Dean and Lori’s house. I myself take part in this portion of the gathering myself. After all, I’m just a humble Compliance Officer and twice-weekly blogger. If someone is choking or has some other medical emergency that threatens life and limb, I rarely hear “QUICK! CALL A BLOGGER!” shouted in public. Other than feeding my son and pets, no one is really counting on me to sustain their lives at the drop of a hat. Additionally, my next blood donation isn’t scheduled for about 6 weeks, so I feel safe possibly overindulging later. I say “possibly” because my wife and I play Rock-Paper-Scissors to determine who drinks and who drives.  

Today’s thoughts on alcohol consumption come on the heels of a story that hit my inbox this week. Researchers from the Royal College of Surgeons in Ireland recently concluded a study, the results of which indicate that surgical performance is adversely affected by alcohol intake the day before a procedure. Not to cast aspersions, but what better place to study alcohol consumtion by anyone than a college on the Emerald Isle.   

Quite obviously, you don’t want actual patients involved in a study of this type, so a virtual reality system in the college’s surgical skills laboratory was utilized for the study.

In the study, 16 medical students and 8 fully credentialed surgeons were invited out to dinner. The 8 surgeons and 8 of the students were encouraged to drink as much as they wanted until they either felt drunk or resembled Foster Brooks, while the remaining 8 students were not allowed to drink at all.

The next day, after 8 students woke up greeting the sunshine as the remaining 16 subjects cursed the new morning and shaved their collective tongues, they all went to the surgical lab to perform virtual laparoscopic surgical procedures throughout the day.

At 9 AM, the bacchanalian study group made roughly 19 errors on average, while the soft drinks control group made 8. As the day progressed, the total errors decreased, but on average, the party animals consistently had more errors than the sober group. These differences were still in effect as late as 4 PM the following day. It’s also worth noting that one of the surgeons still had a detectable blood alcohol level by that time, which clearly identified him as the loser of the previous night’s game of Chandeliers.

While the researchers cautioned that this was only one very limited study, the conclusion reached was “excessive consumption of alcohol appeared to degrade surgical performance the following day even at 4 PM, suggesting the need to define recommendations regarding alcohol consumption the night before assuming clinical surgical responsibilities”.

I have a friend who is a pilot for a major airline, and as such he follows extremely strict industry-wide guidelines on alcohol consumption the day before a flight. To date, there is no such hard and fast rule regarding activities of surgeons on a day prior to surgical procedures. Anything that occurs the day before an important event tends to fall outside “Movie of the Week” territory with regard to public outrage over individual behavior, so it garners very little attention in industries outside mass transportation.

This study tells us two things. First, if you are scheduled for surgery and your doctor has his own still, run! Second, no matter what the industry, excessive alcohol has an effect the next day, even if there is a blood alcohol level of zero. We have weekends for a reason. Save it for Friday and Saturday.

The RAConteur: No Rest For The Weary

Posted by J. Paul Spencer, CPC, CPC-H in The RAConteur™

There comes a point in works of fiction when a monster of one’s own creation slips out of the creator’s control. Eventually, things grow up, and depending on the environment in which they were raised, either become a productive entity to the world at large, or an unchecked threat to all around them.

With very few exceptions, independent contractors for the federal government usually become problematic early and are either never reigned in or the lifeline of federal money is mercifully cut. The ones that last are usually seen as entities performing a service so unique that the government itself could not perform them, which justifies the cost.

With the current RAC model that CMS has in place, every provider paid by the Medicare program needs to realize that while the RACs are a new and rather heavy player in the government’s efforts to control spending, all previous programs and efforts remain in place.

I received an e-mail this week with some information in it that drove this point home. A Mid-Atlantic hospital provider who currently finds itself under a Corporate Integrity Agreement (CIA) with the OIG for past indiscretions, recently received 498 requests for records from DCS, the Region A RAC contractor. Thanks to the revised limits on documentation requests from RACs released earlier this year from CMS, this represents an over 100% increase from the RAC’s previous two requests from this hospital combined.

For the provider with past problems leading to a CIA, about the last thing wishing to be heard is news of a new and aggressive entity targeting what they perceive to be improper payments. One need not connect too many dots from the previous paragraph to realize the administrative burdens that come from having multiple entities with diverging interests looking at your business practices. For a physician, either as part of a group or as a solo practitioner, trying to keep up with the correspondence alone could be the greatest challenge.

In the education sessions that I have been presenting recently on the topic of RAC audits, I have a slide early in the presentation that makes it plain that RACs are neither alone in their mission nor replacing other CMS initiatives to combat fraud and abuse. There are many more people, either employed or contracted by CMS, trying to get money back to governmental health programs than there are people trying to insure that the same programs pay you what you deserve for your services.

The difference with the RACs is that because they are being paid on a contingency fee basis, there is a built-in incentive to continue to review services from providers that they determine to be easy marks. If they see a mistake, and it leads to the determination of an improper payment, they’ll be back. The announcement of their return will be in the form of the maximum number of ADRs allowed for your practice’s size.

This is no longer simply “the cost of doing business”. This is a threat to your existence. The only good news is that the physician community currently finds itself in calm seas with regard to RAC activity. While this temporary state of bliss still exists, do everything in your power to prepare yourself for the rough seas ahead. A little unrest now will pay off with a little rest later.

Another Week, Another CMS Initiative

Posted by J. Paul Spencer, CPC, CPC-H in Health Care Reform

Quite obviously, health care is always on my mind, but it has been an interesting week for me to say the least.

Last week, I had my annual physical. I can report that as of today, 14 days prior to my 45th birthday, the Earth’s natural process of shedding itself of my presence appears to have begun in earnest. If the examination bullets and lab reports are accurate, I am iron deficient, vitamin D deficient, my cholesterol has spiked, I’m heavier than I’ve ever been and my resting blood pressure was measured at 150 over 110. Naturally, given my personality, I sprang into action immediately; I went home and I had a beer.

Given all of these newly-discovered health risk factors, I’ll try to get to this week’s point as quickly as possible.

This past Tuesday, my e-mail box lit up like the skies around Devil’s Tower in Close Encounters of the Third Kind. CMS announced their latest initiative, called Partnerships for Patients, with great fanfare and a bonus conference call. The call was targeted at “stakeholders, and not the media” as I was told twice prior to the guts of the call. Nevertheless, since my vital signs are screaming at me to relax, I listened in for a few moments

CMS administrator Donald Berwick was the first to speak, introducing the initiative. Dr. Berwick called it a “turning point for patient care” and then came forward with the goals of the program. Simply put, Medicare is partnering with hospital systems to find ways to reduce hospital-based adverse events and readmissions. The program has set aggressive goals of reducing hospital-acquired conditions (HACs) by 40 % and readmissions by 20% by 2013. The initiative will be funded by the Department of Health & Human Services to the tune of $1 billion in federal funding that has been made available by the Patient Protection and Affordable Care Act.

Dr. Berwick touted the work of pioneering hospitals across the country that have successfully lowered their instances of HACs and readmissions. He stated a larger goal of “making best practice the normal practice” to reduce preventable medical errors nationwide.

On the heels of CMS’ April 7th release of proposed rules for Accountable Care Organizations (ACOs), as well the April 5th release of the House Republicans’ Medicare privatization model, it has been an eventful few weeks for the Medicare program. The unspoken undercurrent regarding all of this sudden activity is that the Medicare program is the largest drain on the federal budget, and everyone is realizing (somewhat belatedly) that something desperately needs to be done to reign in the growing costs of the program.

About the only fact that all parties can agree on is that medical care is too expensive, and that the upward trend is unsustainable. The two choices we have been offered this month are “fix it from within” and “sell it off to the highest bidder”, both of which fail to offer anything close to a solution if we strictly use history as a guide. Add to that the announcement in early March that Dr. Berwick, who is the CMS Administrator by recess appointment until December 31st, is not going to be re-nominated for Senate confirmation prior to the end of his term due to objections from Republicans in that chamber, and Medicare’s immediate future suddenly becomes murky. It will be left to Dr. Berwick’s eventual successor to see the ACO and Partnership for Patients initiatives to their conclusion.

As this month’s initiatives get up and running, the puffy-cloud dreams that are yesterday’s initiatives continue unabated, the biggest of which are focused on improper payments. I continue to eagerly await HHS’ annual report to Congress detailing the financial impact of these initiatives, especially with regard to the Recovery Audit Contractor program. Given that healthcare costs currently consume 16% of the country’s gross domestic product, any initiative that shows tangible evidence of savings can’t be anything but positive. It is hoped that the political will can be found to insure that Medicare will still be around when people of my generation reach a certain age. My odds of seeing it suddenly became longer in the last week, but I wish my contemporaries luck nonetheless.

The RAConteur: And Still, Physicians Wait….

Posted by J. Paul Spencer, CPC, CPC-H in The RAConteur™

Being a lifelong insomniac, I am a seasoned watcher of late night black-and-white horror and suspense films. From a film maker’s perspective, there are a number of ways that a camera can use the unique light and shadow of black and white film to raise the level of tension needed for such a film. For my money, the best of these is the time-honored shot of the pendulum of a clock, swaying back and forth, an ominous tick marking the limits of its swing on either side of its well-worn path.

From the moment the Recovery Audit Contractor program became permanent, the world of silence broken only by the movement of the pendulum is where physicians linger. Every health care professional with any kind of awareness of the RAC program has blared warnings from the rooftops stating that doctors are next. Yet to the moment, the effect of the RAC program on physicians has been minimal.

Since we’re now more than one-quarter of the way through 2011, I’ll ask the question on my mind, and possibly yours; if I keep speaking of the RAC program as soon coming after physicians, am I reading from the book of Revelation or a play by Samuel Beckett?

The RAC contractor websites are beginning to offer clues as to what happens next for physicians. DCS, the Region A RAC, has added several issues affecting physicians since the beginning of 2011. Most of these relate to E/M services billed without the -25 modifier on the same date as other procedures. Incorrect usage of the -50 modifier for bilateral procedures has also been added to their list of approved issues. HDI, the Region D RAC, added issues in February and March of this year related to the billing of Mohs micrographic surgery and physician visits billed as inpatient for patients who are staying in a swing bed that is classified for nursing facility care on the date of service. These issues have been approved for automated review.

CGI, the Region B RAC, has neglected to add any issues relating to physician services in 2011. Similarly, all recent issues added to the approved issues listing for Connolly Consulting in Region C have related only to inpatient hospital services.

Three weeks ago, I conducted a seminar under the auspices of the Wisconsin Medical Society on RAC audits and how physicians might be affected. One question / comment that I received at the end of the presentation (paraphrased) was that is appeared that physicians as a whole are not prepared for the RAC audit process, which I agreed with wholeheartedly. Keeping that in mind, we are now almost two years into the permanent RAC program, and not a single physician-related issue has been approved for complex review. Only the “low-hanging fruit” that are blatantly obvious billing errors are being captured.

I am learning through anecdotal evidence that RACs are conducting complex probe audits of some larger physician practices for issues not yet appearing on the approved issues list. This is a legitimate practice according to CMS. For the rest of the physician population, this lull in the action provides an opportunity to assess your practice’s risk for audit, not just from governmental entities and RACs, but from special investigation units. Have someone with a non-jaundiced eye take a look at your practice’s utilization and determine whether your billing patterns display you to all the world as an outlier from your colleagues.

The pendulum continues to swing, but it need not be suspenseful. Conduct all the necessary legwork for your practice now to drown it out. After all, staring at it is liable to put you to sleep, which is exactly what the RACs are hoping happens to you.

Accountable Care Organization Proposed Rule Released

Posted by J. Paul Spencer, CPC, CPC-H in Industry Updates

I am going to start off today’s missive by talking a little bit about communism. Perhaps telling the reader this as they re-read the above headline is a little confusing, but bear with me.

In passing conversation, I continue to determine that Americans born in 1985 and after have little solid knowledge of communism and its multiple applications in the 20th Century. Those of us of a certain age and older were often told that communism was the biggest threat to the American way of life. From Joe McCarthy and the “duck and cover” drills of the 1950’s, to the Berlin Wall, to the Cuban Missile Crisis and the Vietnam War, communism was “the enemy” which needed to be eradicated from the planet.

In the world of 2011, where our citizens consume goods made by Chinese prisoners, and we laugh at Fidel Castro in the same way we snicker at Grandpa when his false teeth slip, describing communism as a threat seems as quaint to newer generations as an Amish horse cart.

Every political system is uniquely designed to be abused. While some portions of the political left in this country embraced Marxist fundamentals in the 1960’s (with the late folk singer Phil Ochs going so far as to print English-translated poetry by Mao Zedong on the back cover of his third album and asking “Is this the enemy?”), what they failed to realize was that communism became a tool of repression in the wrong hands. What started with the idea of  collected sacrifice for the common good became Stalin’s Soviet Union, Castro’s Cuba and Kim Il Sung’s North Korea, which were better described as personality cults rather than legitimate governmental systems.

The hardcore believers of communism’s promise started communes in the United States in the 1960’s, but an overwhelming majority of them either morphed into the megalomaniacal cults of the 1970’s or were abandoned in short order, because it turns out that farming is hard work and not the preferred lifestyle of college-educated suburbanites. For a visual reference showing the ludicrous nature of these efforts, refer to the scene at the commune about 30 minutes into the film Easy Rider.

A mini-treatise on communism seems like an odd place to begin a conversation about accountable care organizations (ACOs), but after reviewing the proposed rule released last Thursday, I’m getting flashbacks of Marx and Engels. The ACO proposed rule, as written, represents a blueprint for the mass collectivization of health care.

With Medicare being the biggest and fastest growing drag on gross domestic product, it makes sense that a proposal would be put forth to lower costs by streamlining and centralizing care while eliminating duplicative testing. Yet with any large-plan, the devil is in the details.

The first barrier that is faced by providers wanting to form an ACO is the upfront cost. Quite obviously, unless there are physician practices of over 100 physicians still in existence that are not hospital-owned, the hub of all ACO activity is going to be either a hospital or a group of hospitals in a given geographical area. Using Milwaukee as an example, the biggest hospital system in this area is Aurora Health Care. While technically a non-profit, Aurora is known for its for-profit behaviors as much as its wide scope of operations. The formation of an ACO is going to be easier for the big players like Aurora than it will be for smaller hospital systems with narrow financial margins. Because you need a minimum of 5,000 Medicare patients served in order to qualify as an ACO, rural hospitals are at a natural disadvantage right out of the starting gate. With the ACO concept being a driver of both profit and savings for groups that form such an organization, far-flung providers appear to see no benefits to such a system.

With the expansion of HMO’s from the mid-1970s, we have already seen a semi-collectivization of health care in the form of commercial insurance provider networks. Privately insured patients have had to make tough decisions regarding who will act as the gatekeepers of their care. I include myself in this group. If I walk out my front door and look to my right, I can see a hospital within walking distance two blocks away. Unfortunately, that hospital is outside of my insurance provider network, and setting foot in their ER in a time of crisis could open me up to financial ruin based on the severity of my presenting problem. My network facility is three miles away. If I’m home alone when I eventually have my first heart attack (courtesy of family history), that’s a long walk.

Using this example, let’s say that a currently independent physician joins a hospital-centered ACO with a hospital that isn’t the first choice of a significant percentage of his or her patient population. From the patient’s perspective, an ACO could represent an inconvenience and a barrier to preferred care. With an older population less able to travel longer distances independently, the result of this forced collectivization of an area’s provider population quickly changes from an inconvenience to an outright threat to health, welfare and independence.

The final hurdle is adaptability. Let’s say that an ACO hospital accepts a number of new physicians into the ACO who have never been affiliated with that hub hospital. This population of new physicians will need extensive training by the hospital regarding facility standards of care, clinical documentation expectations and other treatment protocols. If this training, for one reason or another, is not undertaken, it is safe to expect that these new providers represent a new and unique compliance risk to the ACO hospital.

The most important word in the American lexicon is “independence”. If every individual provider dispensed the same level of care, and the same number of primary and specialist care physicians existed in every area of the country, the ACO model would make sense in the long term. Unfortunately, physician skill sets vary, as they do for hospitals. One strength of traditional Medicare has been freedom of choice and the ability to make decisions for oneself independently. The proposed rule as written appears to exclude patient independence from the care equation.

To put it another way, Stalin killed 20 million of his own citizens collectivizing the Soviet Union. Whither ACOs?

The RAConteur: As The Shutdown Approaches

Posted by J. Paul Spencer, CPC, CPC-H in The RAConteur™

Political theatre is a way of life in this country. It takes a mix of acting skills and a thesaurus of important-sounding words to be a politician in the United States. Knowing that this template has existed this long, it takes a special kind of insanity on the part of the citizens of this country to expect that things will ever change for the better.

The current act in this never-ending stage production finds the Speaker of the House of Representatives and the President lobbing the usual verbal bombs at one another as a partial government shutdown approaches on Friday at 12 Midnight.

If a federal spending measure is not passed by that time, certain “non-essential” government services begin to experience delays and stoppages. This is defined as museums close, passport applications stop and tourism comes to a standstill. 

With respect to the RAC program, this feels like a good time to remind everyone that the RACs are independent contractors. While they do work for CMS, they are paid by contingency fees based on identification of improper payments. RAC letters will not stop and discussion periods will not pause. All time periods as defined in the RAC statement of work will continue unabated.

Using history as a guide, I feel confident in saying that all Medicare operations will continue during any government shutdown. Because Medicare claims are paid out of a trust fund, and are not subject to Congressional appropriation, claims will still be paid. By extension, this means that any pending recoups that reach the 41st day during a government shutdown will still be taken. All RAC appeal time line clocks will continue to tick with CMS.

The one wrinkle, if a shutdown occurs for an extended period, would be the payments Medicare makes to the administrative contractors (MACs) for the processing of those claims. During the last government shutdown, the MACs extended credit to CMS for claims paid, and were reimbursed upon passage of a new spending measure. There is an unanswered question in the industry as to the limits of the MACs’ charity in any repeat performance of such an eventuality (competency at their jobs notwithstanding). This is in spite of the fact that a few MACs have come forward and stated that they will pay claims until instructed otherwise. In an extended shutdown, we very well could see Medicare claims payments cease if this issue remains unresolved.

For now, American politicians will enjoy their posturing, their tears and their litany of bad toupees as they dance in front of the camera in the climax of their latest magnum opus. The rest of us, as has been standard operating procedure for many years, will be forced to shovel away the muck and mire they spew forth as the puppet show continues.

The RAConteur: Shifting into Success

Posted by J. Paul Spencer, CPC, CPC-H in The RAConteur™

I love driving in a car. I have a personal dream of driving from Anchorage, Alaska to Tierra del Fuego, which is one of the southernmost points in Argentina. As it is, I am deferring to this year’s warm-up, which is a drive to St. John’s, Newfoundland in Canada in August, a mere 2,500 miles and change from where I’m sitting. If nothing else, Jim, my mechanic, is never bored.

Over the past week, I drove over 1,900 miles throughout the Midwest and South visiting sites and friends in Nashville, Knoxville and suburban Atlanta. I happily admit that I also feel the need for speed. On Wednesday, at the conclusion of this past week’s journey, I drove 801 miles from Marietta, GA to my garage in Milwaukee in 12 hours and 5 minutes. This time included two stops for gas, one for the omnipresent call of nature, and a one-hour traffic jam coming back through Nashville. Since I own an economy car, there is an air of unbelievability when I pass a slow moving V8 at 80 miles per hour.

Speeding has its place on the highways of the Americas in controlled circumstances, and for physicians and their paper correspondence, speed, coupled with a little knowledge, can be a friend as it pertains to RAC requests.

As the RACs prepare for their expansion into complex review of Part B services, one concern that I have is that physician offices to date have a terrible record of responding to requests for documentation for other types of audits. Here in Wisconsin, WPS, the MAC in this part of the country, is in the process of conducting Service Specific Probes for selected E/M codes, based mainly on CERT results. As these individual probes are completed, the biggest reason for negative results for physicians under the probes is providers not responding to requests for documentation. This is an enormous red flag as we find ourselves on the brink of expanded RAC activity.

The time has come to educate front desk staff to recognize RAC correspondence, and how best to respond. Since the car finally stopped, I’ll volunteer to do it.

If an envelope has “CMS” in any form in the upper left-hand corner, the correspondence should move to the top of the pile immediately. One needs to remember that the deadline clock doesn’t begin to tick when you open the letter. In fact, the clock began to tick as soon as that letter was postmarked, which makes rapid response to the request that much more important.

After compiling all requested data, copy it for your records and forward the information to the RAC. After the information is forwarded, follow up with the RAC in 10 days to verify receipt of the information and to establish a verbal contact with the contractor. Throughout the process, be aware of the RAC’s 60-day timeline to respond once information is requested. This can become a quality issue for the RACs as they seek to keep themselves contracted under CMS as a RAC if they are late with their response.

At this point, it is up to the front desk to keep an eye out for the review results letter from the RAC. A different set of timelines now come into effect with regard to a possible discussion period with the RAC. The practice has 40 days from the date on the results letter (or demand letter, in the case of automated review) to make a decision regarding discussion or appeal.

If you are a physician, dealing with practice expenses that leave you with little margin for sudden loss of revenue, it is imperative that you educate your staff to inform you of any demand letters of an amount that would be financially ruinous to your practice. A review results letter or a demand letter should not come as a surprise, but if your staff doesn’t treat it with the immediacy it deserves, or worse cannot recognize it at all, a high-dollar recoup could end up being your most unwelcome (and possibly last) surprise as a physician in private practice.

Much like being behind the wheel of a car, hyper-awareness and speed make all the difference on your journey. The RACs are mercenaries tasked with finding mistakes, and are incentivized by a cut of any dollars recovered. It is not enough to bring a big car to the fight for protection. It requires the ability to fire back. Do the right thing now and educate office staff. It will be the equivalent of the A-Team turning your car into a tank.