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Archive for February, 2012

The RAConteur: The .0001% Solution

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

Three thousand five-hundred miles and change later, I find myself back at my desk after a productive and enjoyable week off. For an ongoing summation of my time away, feel free to visit this blog. I promise that I spent my time in a mostly virtuous fashion.

I’d like to re-enter the discussion of the audit universe today with another in a stream of salient examples of corporate payola from the Medicare program. Last Summer, CMS launched a new predictive modeling computer system to pre-emptively stop fraudulent Medicare payments. The total cost of the computer system is estimated to be roughly $100 million, with $77 million having been spent thus far. Northrup Grumman and IBM are two of the main corporations behind the system.

As of the end of 2011, this grand investment has halted exactly one payment for $7,591. On a related note, there was a fly in my house the other day, so I called a company with a wrecking ball rather than reaching for a flyswatter.

Like any other human being, I like being proved right from time to time. I observe every governmental investment in something new and flashy through the lens of what’s in it for private enterprise. Being a citizen of a kleptocratic oligarchy, I have become far too used to industry skimming tax dollars out of the till for no apparent payback. We have all seen this with the rather poor RAC results after nearly 2 1/2 years of audits, with successful provider appeal rates still astronomically high. Given the reams of anecdotal evidence, it makes perfect sense to me that private enterprise gets a government check for very little demonstrated benefit.

I like things that work, and one method that has worked well among CMS’ many blind skeet shooting expeditions is human investigations. The Health Care Fraud Prevention and Enforcement Action (HEAT) Team continues to see tremendous success from their efforts. Through the first 8 days of February alone, the HEAT teams either released indictments or gained guilty verdicts against entities involved in roughly $139 million in health care fraud. Yesterday in Texas, an indictment was unsealed on seven defendants involved in over $375 million in either phony or unnecessary home visits. As part of the investigation into the physician at the center of the fraud, 78 home health care agencies found their Medicare payments suspended. I don’t know about you, but this represents success to me. I’m fairly certain that the payroll of the government-employed human investigators is significantly lower than $77 million.

The deputy director of Medicare’s anti-fraud program called the act of judging their efforts solely from payment suspensions as “unsophisticated”. I find this wording to be alarmingly typical of the institutional arrogance I encounter as a citizen whenever I ask questions about why someone is being paid by tax dollars for providing nothing. Predictive modeling, if designed properly, holds great promise. Yet if the brains of Northrup Grumman and IBM can’t get immediate results in the year 2012 right out of the gate, it bears asking, “who can?”.

When all of the checks are cut, Medicare is in need of much better than a 1/10,000 return on investment.

Paul Spencer will be presenting at the Fi-Med RAC Summit in Milwaukee, WI on April 16th and 17th, 2012. Visit the Summit website for further information.  

Random Thoughts As I Fasten My Seat Belt

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

This afternoon, I’m embarking on my latest of many long-distance automobile journeys. I’m driving first from suburban Milwaukee, Wisconsin to Reading, Pennsylvania (the town that the first railroad on the Monopoly board is named after), where I’ll be picking up one of my oldest friends, music blogger and master librarian Curtis, along with a portion of his vast musical instrument collection. From there, we head to Marietta, Georgia to interface with another old friend, musician and noted watchmaker-to-the-stars Steve, to record what will be my first full-length album of any quality in Steve’s home studio (just off his dining room; Steve’s a confirmed bachelor).

As I get ready to encounter the wonder and horror of the American roadways in equal parts, news directly and indirectly related to our health care system will not pause to await my return. In fact, if the last week is any indication, I’m beginning to realize why Godot never bothered to show up.

Since I’m in a musical state of mind, allow me to begin with the all-too-familiar case of  the death of Whitney Houston. Until the complete autopsy and toxicology reports are introduced with great fanfare into the 24-hour news cycle, I am left to put pieces together based on assorted widely released reports. The reports thus far seem to point to a death from prescription drugs, rather than the illegal drugs she had admitted using in her past in interviews conducted during her lifetime.

There is perhaps some good that can come out of one more celebrity death in a long line stemming from misuse of prescription drugs. Responding to an epidemic of prescription drugs obtained illegally and sold on the street, as well as the well-publicized deaths of Houston and others, the State of New York is now looking at instituting real-time reporting of prescription data from pharmacies around the state. Anyone who wants to fill a prescription anywhere in the state at any time would be checked through the proposed database. The person’s demographics and history of drug utilization would be reviewed, with suspect prescriptions denied on site.

Realizing that there are 50 states, it should be noted that even if such a system is put in place, it will be a small beginning. It continues to be a sad commentary that people with the financial wherewithal to poorly self-medicate will continue to do so until some type of national database is put into place.

In other news, HHS Secretary Kathleen Sebelius announced yesterday that the provider compliance date  for ICD-10 will be pushed back from its current date of October 1, 2013, it what appears to be a massive cave to the AMA and other shrill elements on the provider side. In her statement, Sebelius made reference to “administrative burdens” and the intent to work with the provider community to “re-examine the pace at which HHS and the nation implement these important improvements to our health care system”.

If all of you can now grab your welding masks, safety goggles or other appropriate eye wear, this is a short warning that I’m going to gloat now, and I want to save all of your corneas from the supernova of my past brilliance.

Begin your journey of enlightenment by clicking here. Next, scroll down to the attached document in the lower right-hand corner. On September 24, 2008, during the comment period of the proposed rule for ICD-10 implementation, I submitted a recommendation to CMS stating (admittedly, in sometimes clumsy language usage) that ICD-10 should be skipped altogether and that the American health care system should instead prepare for the worldwide release of ICD-11 in 2014. As you can see by my comments from 41 months ago, I theorized that if ICD-10 was instead chosen as the standard, the United States would find itself exactly where it finds itself right now, that being the rest of the civilized world using the sleek, up-to-date disease, symptom and morphology coding system, while the United States putts along with the AMC Pacer.

When the Final rule was released in mid-January of 2009, CMS stated that a clinical modification for ICD-11 would not be ready until the year 2020, so my idea was not feasible. I know this is going to be hard to believe, but your government didn’t tell you the entire truth in this case. ICD-11 will include a clinical modification upon release, so the 2020 timeline is talking about an “American” clinical modification that would enable domestic insurance carriers to more easily deny claims.

Admittedly, since my comment, the World Health Organization has moved back the ratification date of ICD-11 to May of 2015. Yet if ICD-10 implementation is going to be delayed to a date extremely close to one year before the global ratification date of ICD-11, can anyone tell me what the point is of forcing ICD-10 on to the American health care delivery system to stay current with the rest of the world for roughly 12 months? The further we push back ICD-10 compliance, the worse of an overall investment it becomes. To put it in a more popular context, if I want a smart phone, I could go out right now and buy a  smartphone and be needlessly frustrated about missing features, or I can wait for the latest version to come out a few months from now and be happy and up-to-date. To me, this is all about getting everyone frustrated for no apparent reason, and I feel very comfortable telling everyone within earshot that I warned CMS about this.

For those of you who want a peek into the future, here is the working alpha version of ICD-11. Bluntly, as a coder, I find it to be a superior system to ICD-10, but given that I am turning 46 in two months and we’ll be over 20 years into global ICD-10 implementation by the time the United States decides to put it to use, I am predicting today that I’ll never use ICD-11 as a coding system in my occupational lifetime. 

America. Feel the exceptionalism!

Paul Spencer’s Friday blog on industry issues will return on March 2nd. Until then, if you want a chance to meet Paul Spencer, as well as a chance of winning an IPad, consider registering for the Fi-Med RAC Summit on April 16th and 17th, 2012. Visit the Summit website for more details.  

The RAConteur: Questionable Results, Repercussions and SGR (Just For Kicks)

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

There’s no longer any way around it; I need a vacation.

According to the calendar, we now have 301 days left until the theorized Mayan Apocalypse. In the last week, the news cycle in the real, personal and professional worlds that surround me have taken a marked turn for the weird. It’s time to get out of here and explore such things as music, grilled meats and beverages unfit for your children.

Before I lock the doors of my car to prevent further interruption, I have a few updates involving government audits and (since I’m here and I have the floor) a timely news update about the “Doc Fix”.

First, CMS released the RAC results from the first quarter of Fiscal Year 2012. For the last month of 2011,  $422.7 million in corrections were identified. Of the four regional contractors, HDI (soon to be HMS) in Region D set the pace with $152.7 million identified. The total for the quarter represents the highest quarterly number yet to be reported under the RAC program. When reviewing these regularly reported numbers, remember that these do not include completed appeals and, more importantly, do not include any estimate of the administrative costs to providers for every documentation request from the RACs that ends up going nowhere

Yet, there’s more to the story…

If you remember, in the final quarter of FY 2011, there were $76.6 million in underpayments identified, with Connolly, the Region C contractor, identifying $60.7 million from that total. Suddenly, we have evidence of a shift in strategy, as the combined total for underpayments plummeted to $24.9 million, with Connolly only identifying $2.6 million in underpayments in the last quarter. You’ll excuse the provider community in Region C for their muted response to this bit of news.

One other issue involving RACs that has come to the surface of late has to do with the MACs taking over the demand letter process. For many months, RAC coordinators nationwide, especially those affiliated with hospital systems stretched across many miles, worked diligently to centralize RAC correspondence under one address. Thanks to the Healthcare Integrated General Ledger Accounting System (HIGLAS) not being able to store more than one address per provider number, all of that hard work has now been undermined. All demand letters are now going to the payment address for the facility in question.

This opens up multiple cans of worms. If the RAC coordinator now has to flag down demand letters from several locations, any dreams of opening up a discussion period within 40 days begin to disappear. This is ironic, in that CGI, the Region B RAC,  publicly stated at an outreach session in Wisconsin recently that they would like to see providers request discussion periods more than they currently do, based on the numbers in the region being low. Given the new hurdles encountered with demand letters, it’s hard to see how CGI gets their wish on that count.

Second, appeals that are now filed prior to recoup on the 41st day after the date on the demand letter will drop dramatically. Any savings that CMS may have hoped to gain from this fact is negated by two realities, one being the 10.5% interest rate every 30 days on successful provider appeals, and the other being the fact that providers are winning a lot of RAC appeals.

Finally, my e-mail inbox has been lighting up today regarding an imminent and (once again) temporary fix to the Sustainable Growth Rate cuts set to take hold on March 1st. The Deal of the Moment delays the scheduled cut until January 1, 2013 (a full 20 days after the scheduled Mayan Apocalypse), when physicians will face a cut of 35% if SGR has yet to be repealed by that time. The money for this latest desperate edition of the extension is coming mostly from reductions in Medicaid spending.

It has been a busy Leap Year February. I now happily leave you to the audit wolves for a fortnight.

The RAConteur will not appear next Wednesday, February 22nd. It will return on February 29th. In the meantime, consider meeting Paul Spencer live at the Fi-Med RAC Summit on April 16th and 17th in Milwaukee. Visit the Summit website for further details.

The RAConteur: Early Previews of a Long Summer

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

Over the first six weeks of 2012, RAC coordinators nationwide have learned the hard way about the lack of effectiveness of an advanced warning.

Late last year, it was announced that the responsibility of issuing demand letters was being transferred from the RAC contractors to the Medicare Administrative Contractors (MACs). As the process revealed itself in January, what seemed like a simple transfer of duties has turned into mayhem. Information as simple as a common mailing address for RAC requests has been lost in the transfer, leading to short-term disintegration of the established RAC process.

In the past few weeks, two signal flares of changes on the horizon related to RAC activities have been announced by CMS that have the potential to cause a similar disruption.

On January 26, CMS released Change Request 7673. According to this document, effective July 1, 2012, the Multi-Carrier System (MCS) will include edits for common improper payment issues identified by the RAC contractors. These issues include pulmonary diagnostic procedures on the same date as an E/M encounter, IV hydration procedure reporting as it relates to total time, new vs. established patient services, and incorrect reporting using the -62 modifier.

These edits are mostly the result of findings from automated reviews, which I have stated before could be determined by training a pigeon to hit a button. It should also be pointed out that every one of these issues could be solved on the provider end with education of the billing staff. Remembering to place a -25 modifier on E/M services on the same day as unplanned pulmonary diagnostic procedures could be the solution to the first issue indicated above. If there is a certified coder on your staff, this person should know this and has no reason to be unaware of how to correctly use a modifier in this situation.

The second warning sign was one we all briefly became aware of at the end of 2011. To hearken back to a few weeks ago, CMS announced that the planned demonstration project that would have enabled Medicare RAC contractors to conduct pre-payment audits was being delayed from its original implementation date of January 1, 2012. CMS has now subsequently announced that these type of audits should begin “on or around June 1, 2012″.

Upon the initial announcement of prepayment audits, there was consternation throughout the industry that a complex review process that by some sources is unsuccessful in their task 67% of the time was now going to expand into prepayment audits due to the “success” of post-payment review. I for one am not setting aside my animus towards the RAC program simply because prepayment audits have been delayed by 5 months. The Medicare RAC program has demonstrated itself to be the solution to Medicare overpayments in the same way that random placement of land mines on highways is the panacea to rush hour traffic congestion. The simple task of changing which entity sends out demand letters has led to 6 weeks of chaos. How can I possibly believe that adding difficult tasks to the work that is clearly overwhelming those who are doing it will lead us all to a good place? 

Add to this the fact that RAC contractors now appear to be chasing underpayments based on the promise of higher contingency fees, and 2012, the alleged year of the Mayan Apocalypse, appears to have its first plague ready to go in the starting gate. It is worth noting that getting advanced notice of turmoil is never a guarantee of a solution to the problem.

Paul Spencer will be a presenter at the Fi-Med RAC Summit in Milwaukee, WI on April 16th and 17th, 2012. Go to the Summit website for further information on this unique educational opportunity.

Of ICD-10 and Disappearing Doctors

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

Now that the calendar has turned to February, let me share a truth or two that I hold about the shortest month of the year.

First, Groundhog Day may very well be the dumbest thing I’ve ever seen. People in stovepipe hats standing around an overgrown rat in the cold and dark in order to get the weather report is a poor use of human resources. The only cool thing about this day on the calendar is that my wife’s uncle appeared in the film Groundhog Day playing upright bass behind Bill Murray. The rest of February 2nd can forever dedicate itself to other, more useful things.

One last thing before we get started. There is no cooler birthday on Earth than February 29th in a Leap Year. Here’s to all of those people!

Now, turning my attention to recent health care headlines, two of my favorite topics popped up again in the past week.

First, we have the AMA clarifying what was referred to as “work vigorously to stop” ICD-10 at their meeting in New Orleans back in November. Apparently, the AMA’s approach in this area consists of that tried-and-true standard: The Sternly-Worded Letter. On January 17, AMA CEO James Madara led off his Dispatch Path to Prosperity with a 3-page bulletin to current Speaker of the House John Boehner. Because this particular letter didn’t deal with tax cuts, tort reform, deficit reduction or further punishing poor people, it was set aside for golf and further tanning.

Never an organization to back down from a challenge, the AMA doubled down and sent a 4-page letter to HHS Secretary Kathleen Sebelius which covered basically the same territory as the Boehner letter. I covered this topic in a post at the time, and what I said then still holds true. Rather than spitting into a headwind in a quixotic attempt to stop the rotation of the Earth, the AMA’s considerable resources would be better spent either educating their member physicians about ICD-10 or assisting struggling practices monetarily to ease the headaches of transition. Look for more correspondence in the near future, which will more than likely be followed by a bunch of doctors descending on Capitol Hill on an assigned date to “bring awareness” to the issue. You can also look forward to me yawning and changing the channel.

The second piece of interesting news in the past week came from the OIG. When I reviewed the OIG Work Plan back in October, one item that jumped out at me was the OIG’s plan to look into the impact of physicians opting out of Medicare, both in terms of physician access in certain geographical areas and to be certain that non-participating providers were not submitting claims for payment to Medicare. There has been a slow trend developing regarding physicians who take the “third way”, that being the membership/concierge model. Previous studies by CMS have vastly underestimated the exact number of such physicians nationwide.

It was announced last Friday that the plan to assess the impact has failed due to a lack of data maintained by the MACs on physicians who leave Medicare. CMS has been forced to admit that they have insufficient oversight over physicians who opt out of the Medicare program due to this lack of data. CMS concluded their statement of finding by saying that they “plan to conduct a full evaluation when a complete data source of opted-out physicians is available”.

I challenge the reader to internalize that for a moment, and place that statement against the backdrop of PPACA and the ticking time bomb of a growing primary care physician shortage. CMS is stating that they don’t know for certain who is not participating in the program as they attempt to build a health care delivery structure where every citizen is covered under some type of health insurance. Items such as Medicaid expansion certainly appear tenuous when you can’t reasonably identify which providers will not be there to provide services. CMS has set no time frame to provide a reasonable picture of the opt-out landscape. Between you, me and your computer monitor, that’s a little scary.

The shortest month of the year has begun with big items. As the “Doc fix” witching hour approaches towards the end of the month, February is threatening to make up in quality of news for what it lacks in quantity of days.

I don’t live in a hole, but I predict about 4 more weeks of hand-wringing.

Be sure to keep abreast of all news updates about the Fi-Med RAC Summit this April by visiting the Summit website.

The RAConteur: Acknowledging Shouts of “LOOK OUT!”

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

As you know, I cover RAC and audit issues every Wednesday in this tiny corner of the world wide web. Based on the spike in government audit activity over the last 28 months, I have continued to do this based on my belief that I am addressing a need in the greater provider community. While the Recovery Audit Contractor program has been at the forefront of CMS’ efforts, I have also tried to demonstrate the road map that is followed by the alphabet soup of government audit entities, showing how certain issues rise to the top of the attention chain.

Despite all of my efforts, I have a large ongoing problem, that being my futile attempts to get physicians to pay attention to government audit issues. Perhaps it is the landscape in which large numbers of physicians are seeking employment under the assumed safety of hospitals, but my general feeling is that physicians are largely ignoring the message.

Just this morning, I received yet another reminder of this battle in my e-mail box. I subscribe to updates from multiple sources, most notably Medicare Administrative Carriers for assorted issues of interest to the provider community. Today’s electronic missive comes from WPS, the legacy Part B MAC for Illinois, Michigan, Minnesota and Wisconsin. For a few years, WPS has been a few steps ahead of other MACs with regard to conducting service specific probes on the heels of CERT testing discoveries under their jurisdiction. Of note, CPT code 99233 (Level III Subsequent Hospital Visits) has been on WPS’ radar for nearly two years across multiple specialties. Yet if today’s e-mail is any indication, the message of the importance to attention to review issues continues to fall on deaf ears with regard to the physician community.

WPS looked at this CPT code for the specialties of Neurology and Family Practice. Over the past 15 months, initial probes for these specialties revealed an error rate of 96.24% for Neurology and 89.54% for Family Practice, which quite obviously necessitated a follow-up review for both specialties. While there has been some improvement since the initial probes, a simple glance at the latest numbers show that physicians aren’t giving these reviews proper attention.

For Neurology, 128 line items across 98 claims were selected to review prior to payment. Of these, 102 line items were denied, for a cumulative error rate of nearly 80%. For Family Practice, 157 line items across 100 claims were selected, with 113 line items being denied, for an error rate of just under 72%. These numbers are bad enough, but a closer look reveals that roughly 60% of the denied claims for both specialties were due to physicians not providing the requested documentation for review. This means that 6 out of every 10 complex inpatient follow-up visits were denied because no one opened the envelope and/or read the correspondence inside of it.

I have limited amounts of free time in the coming year. I have people to educate face-to-face, networking opportunities with others in my profession, personal trips to various parts of North America between now and the end of Summer and a 5-year-old to keep on the straight and narrow. Nowhere in my small, handwritten pocket calendar do the words “BEAT HEAD AGAINST WALL” appear. From the moment The RAConteur began in September of 2010, I have been warning providers that the auditing landscape is changing, and not in a way that will be beneficial to either the delivery of care to their patients or their financial bottom line. Perhaps, someday, the physicians of America will begin to take a small step towards increased awareness. Might I suggest that the first part of that process to be the purchase of a letter opener?

Paul Spencer will be a presenter at the Fi-Med RAC Summit in Milwaukee, WI on April 16th and 17th, 2012. Go to the Summit website for further information on this unique educational opportunity. Use promo code “SPENCER” to receive $50 off the registration price for a limited time.