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Where Will Your Contracts Take You?

Posted by Paul Spencer, CPC, CPC-H in Hot Topics, Paul Spencer CPC CPC-H

Today’s post requires that I share a bit of personal philosophy with the reader. This will be the less frightening parts of my psyche, so you can stop trembling.

To start out with a bracing dose of truth, I tend to live by very few rules, mainly because I fall back on survival instincts for most of my decision making process. This includes not dancing barefoot in poison ivy, realizing that I’m not cut out for living in the forest and stopping at the occasional red light. However, when it comes to what is referred to in more puritanical quarters as a moral code, my list of rules is rather short: don’t kill, don’t steal and don’t profit from other people’s bad luck (there’s one more multitiered rule that’s rather graphic and won’t be shared in this forum).

A good example of the application of these ideas is the fact that on the side, I’m a singer. My mother once suggested to me that there could be money to be made singing hymns at funerals and I found this idea incredibly revolting and insulting. It’s not enough that someone has just lost a loved one, but you’re going to stick a hand in the family’s pocket for the act of ushering the deceased into the next life with song? I find the very thought disgraceful.

As an extension of this rule, I have a deeply wired disdain for anyone who makes a living profiting from human misfortune. My hit list of occupational vultures includes funeral homes, pawn shops, payday and title loan stores and drug dealers. For purposes of this posting, let’s add an obvious one to the list: health insurance companies.

It is a well-documented reality that since the introduction of “managed care”, insurance companies are making out pretty well on the profit side. Hand in hand with this is the fact one study indicates that in 2007, 62% of all bankruptcies filed were due to outstanding medical expenses. Of that number, 80% had health insurance coverage. Given this statistic, why are we calling the purchased product “insurance”, as the very definition of this term suggests a contract that provides a guarantee against loss?

The effects of this same industry upon the provider community are no less damaging. Due to over 20+ years of deleterious contract terms, providers across the country are struggling with the costs of practice operation. With the proliferation of PPO plans that expand abhorrent fee schedules and payment rates to insurers across the country through the use of silent PPO’s and wraparound plans, the reimbursement playing field is evolving into a mine field.

It is my duty to inform the provider community that after six paragraphs, 400+ words and a brief discussion of funeral music, I’ve reached the point in this narrative where I can relay some good news; these mine fields have maps, and these would be your insurance carrier contracts.

Provider contracts make for interesting reading. What at first presentation will sound like an opportunity to expand your patient base to another insurance population can quickly shift in shape to something more resembling indentured servitude with the simple act of a signature. Knowing this, there is no longer any valid reason for not reviewing your insurance contracts on a regular basis, at the very least yearly.

In addition to the base contract, it is equally important to be wary of any and all amendments to that contract that are offered after initial contracting. I recently came upon a case where a physician had been under contract with an insurer for 4 years (with no legitimate review of the base contract language in that time span) and was sent an amendment that he dutifully signed which gave the insurer permission to share their pricing structure with other insurers. This had the effect of extending already negative contract terms far afield to insurers to which the provider had never been formally introduced.

Health care delivery finds itself on the brink of entering a world of increased physician cost and time investment. If a provider looks at his or her bottom line today and can see beyond all doubt that the current path is unsustainable, the best way to plug the income leak engulfing the practice is to go right to the source, which would be your insurance contracts. There are many directions that can be taken with regard to building a successful and sustainable medical practice. Given what we know about the singularly predatory nature of the modern insurance industry, the time has come to ask the most important question; where are your contracts taking you?

Physician Pay Fix Passes

Posted by Paul Spencer, CPC, CPC-H in Hot Topics, Medicare Fee Schedule, Paul Spencer CPC CPC-H

Late yesterday, the House of Representatives passed a 6-month fix to the Medicare Physician Fee Schedule. The legislation passed not only reverses the 21.3% pay cut that affected claims with dates of service from June 1st, but also provides for a 2.2% increase to the previously determined fee schedule for 2010. This enhancement in pay will now be in effect for all claims with dates of service between June 1 and November 30, 2010.

The legislation that originally contained the pay fix was returned to the Senate for consideration by House Speaker Nancy Pelosi on Friday June 18th. In addition to the pay increase, the larger bill contained extensions of unemployment benefits and supplemental payments to the states to augment Medicaid programs. Senate Majority Leader Harry Reid spent the second half of yesterday afternoon attempting to garner the 60 votes needed to advance the legislation to a full vote on the floor. Ultimately, his efforts failed when the cloture vote tally of 57-40 doomed the bill. Minutes after the Senate vote, the House, by an overwhelming majority, passed the breakaway bill containing the pay fix that was sent to them late last week. The legislation was signed this morning by President Obama.

CMS has been processing claims with a 21.3% cut for the last 5 working days.  It is expected that CMS will soon announce that claims are now going to be processed at the pay fix rate. Any claims that have been processed over the last week will need to be reprocessed at the new, higher rates absent the previous cut.

While this legislation brings the latest chapter in this drama to a close, the story will begin anew as December 1st approaches. If either another temporary remedy affecting the fee schedule or a permanent fix to the Sustainable Growth Rate (SGR) formula is not passed prior to this date, physicians will face a 23% across-the-board cut in reimbursement.

I invite you to look very carefully at the mathematics involved with this. The conversion factor for 2010 was frozen at the beginning of January at 36.0846. Due to the larger health care reform legislation passed earlier in the year, the conversion factor was decreased for all 2010 claims to 36.0791. This did not affect claims already processed, but if you have recently submitted claims to your contractor for dates of service from early 2010, you may have noticed that the payments are decreased by a few pennies from how similar services were processed in the beginning of the year. The 2.2% increase now in effect applies to the lower, updated conversion factor.

While the latest conversion factor for the six-month period has not been released as of yet, a 2.2% increase to 36.0791 gives you a number in the neighborhood of 36.8728. Now, let’s suppose for purposes of envisioning the worst-case scenario that a 23% cut goes into effect on December 1st. This cut would be applied not to the temporary conversion factor, but the legislated conversion factor of 36.0791, which would give you a conversion factor closely resembling (again, not exact due to a lack of CMS announcement at the time of this writing) 27.7809.

The conversion factor is slated to take a further hit at the beginning on 2011, which would result in reductions that would bring the total net cut very close to the 30% range. Words have yet to be devised that would fully describe the negative impact on the healthcare delivery system in the United States that occurs if such a cut ever takes place.

For now, enjoy the summer sun and bask in the beauty of Autumn’s color when it arrives, as it could very well be a winter longer than any other we’ve ever experienced.

Physician Pay Cut Currently In Effect

Posted by Paul Spencer, CPC, CPC-H in Hot Topics, Industry Updates, Paul Spencer CPC CPC-H

When the U. S. Senate adjourned last night at 8:38 PM EDT, it did so without passing emergency legislation to delay a 21.3% cut in the Medicare physician fee schedule.

The bill under consideration last evening, which also included an extension of long-term unemployment benefits, was defeated on primarily on a straight party line vote. Following the vote, Senate Majority Leader Harry Reid (D-NV) attempted to bring a bill to the floor for a vote that addressed only the physician pay cut. This bill would delay the pay cut until the end of 2010. Minority leader Mitch McConnell (R-KY) raised an immediate objection to the bill being brought up for debate, and the Senate adjourned until this morning.

A look at the executive schedule of business for the Senate today shows that no legislation is scheduled to be brought up for debate.

Fi-Med will be following this story as it develops throughout the day. This post will be updated immediately upon release of new information regarding a possible fix to this situation.

UPDATE: [2:18 PM EDT, 6/18/2010]: The Senate has passed legislation that delays the 21.3% pay cut for a six-month period. Because this bill is now a new piece of legislation, it must be returned to the House of Representatives for approval. Apparently, the House is unable to take up the legislation until next week. Moments after the bill passed the Senate, CMS issued a statement saying that claims processing will begin today at the lower pay rate. By law, CMS has run out of options with regard to delaying claims processing any further.

One good piece of news comes out of this. When the bill is passed by the House, all claims with dates of service between June1st and November 30th, 2010 will be subject to a 2.2% increase in the fee schedule that has been followed in the first 5 months of this year.

So to recap, this is a 21.3% cut, followed by reprocessing that repays the cut, plus 2.2%.

A curiosity in all of this is that the AMA is stating that after the cut is eliminated, CMS will only automatically reprocess claims when the submitted charges are higher than the reinstated allowed amount. Those claims with charge amounts that are lower than the new rate will require contact with the contractor.  When the cut is reversed, this needs to be watched carefully.

CMS Claims Hold To Continue

Posted by Paul Spencer, CPC, CPC-H in Hot Topics, In the Press, Paul Spencer CPC CPC-H

Due to what is considered the pending passage of legislation that will once again set aside the scheduled 21.3% pay cut to the Medicare Physician Fee Schedule, CMS has taken the unprecedented step of extending the current hold on processing of claims, which was set to expire today, through this Thursday, June 17th.

This current hold affects services from June 1st, 2010 and after. If for some reason legislation is not passed by Thursday, the claims hold will be lifted on Friday and claims will be processed with the cut.

Another Deadline To Pass on Physician Pay Cut

Posted by Paul Spencer, CPC, CPC-H in Hot Topics, Industry Updates, Paul Spencer CPC CPC-H

The office of U. S. Senate Majority Leader Harry Reid (D-NV) has been quoted by an industry source as saying that legislation currently in the Senate that would further delay the 21.3 % Medicare physician fee schedule cut will not be considered prior to the next dealine for the cut to take effect.

The pay reduction was originally scheduled to be implemented on June 1st. CMS is currently holding claims for the first 10 working days of June, which is delaying the cut until this coming Monday, June 14th. Senator Reid’s office has stated that no votes are scheduled on the pending legislation either tomorrow or Monday, as senators will be visiting their home states during this time.

The earliest a vote could be cast on the legislation would be Tuesday, June 15th. In the recent past, when faced with a similar deadline, Congress requested that CMS not release claims for payment until the legislation could be considered and sent to the president for his signature. Given this history, I am of the opinion that this legislation will be reviewed and passed upon the Senate reconvening on Tuesday the 15th. The only way to be certain of this outcome is to stay tuned.

The legislation currently on the table provides for a 2.2% payment increase for the remainder of 2010, followed by a 1% increase in 2011. The current oft-delayed pay cut would be restored in 2012, more than likely at a deeper percentage rate, unless a permanent fix to the Sustainable Growth Rate is implemented prior to 2012.

Minimizing The Risks of a Practice Purchase

Posted by Paul Spencer, CPC, CPC-H in Hot Topics, Paul Spencer CPC CPC-H

“Where do you see yourself five years from now?”

I’m sure that at least once in your life, you’ve been asked this question. Maybe it was your high school guidance counselor trying to steer your post-high school ship? Eventually, it moved into the realm of job interviews or an older and (allegedly, in my case) wiser adult who couldn’t wait to dispense sage advice about your life plan. Thinking about it now, you grappled for an answer, thinking about your first choice of major for college or that special someone who was in your life when you were younger that you thought was going to be by your side for years to come. Looking back on it now, you shake your head wondering why you ever wanted to enter that long-abandoned field of study as you shared you life with a person you haven’t seen or thought about in years.

For someone like me who lives his life as a passenger of The Flow, I think about several different scenarios in my 5-year plan. Will I still be in the same house? Given my familial history of early male heart disease, will I be there to see it? Will the ice caps melt, leaving me on my homemade wooden skiff, forever floating upon the landless seas until the eventual invasion and enslavement from the skies by our distant alien overlords who have searched the universe for water to ensure their survival? As you can see, a vivid imagination has been a constant impediment to setting my ever-evolving 5-year plan in stone.

Unfortunately, when it comes to a single or multiple provider medical practice, imagination will not be useful in the current climate. Five years from now, quality reporting will be mandatory, as well as e-prescribing and the use of interoperable electronic health records. Add CMS’ doubling down on rooting out fraud and abuse to this equation, and suddenly the idea of operating a small, independent physician practice without a support network of IT, compliance and financial management professionals appears to be extremely difficult, if not impossible.

In this environment, many small practices are suddenly discovering the idea of strength in numbers and contemplating either selling their practice or merging with other larger physician groups. This approach presents dangers to both sides of the equation.

For the selling or pursued practice, the concerns deal mainly with sale price, but other problem areas line the road to sale. The practice needs to be certain that the larger practice has an experienced compliance and IT infrastructure that is prepared for the new environment on the horizon. For the practice’s patient population, the effect of the purchaser’s current insurance contracts must be assessed, not only to provide cost certainty for contract redundancies between the two entities, but to determine if the purchaser’s active contracts are compatible with the practice’s already developed patient population.

For the purchasing practice, the compliance risk of acquiring the new physician needs to be examined. Does the new practice have billing and coding patterns that would suddenly represent an outlier when compared to the current physician population? Do the typical services performed by the provider have the potential to lead to an increase in initial purchase price or eventual overhead costs for the purchaser? How easily will the new practice be integrated into the group when it comes to capacity for training and new system adaptability?

With the impending storm of regulatory changes fast approaching, the instinct is to attempt to get a deal done as quickly as possible. With the future of your bottom line, as well as what is in the best interests of your patients on the line, a small investment of time in the due diligence process prior to sale or acquisition can provide a healthy foundation for facing the coming changes.

Pre-Holiday News Dump Review

Posted by Paul Spencer, CPC, CPC-H in Hot Topics, Industry Updates, Paul Spencer CPC CPC-H

As we return from the Memorial Day recess, we are greeted by news on two fronts that was released late on Friday, May 28th:

Physician Pay Fix - To no one’s surprise, Congress was unable to pass a payment fix to the projected 21.3% pay cut that is due to take effect today. As a result, CMS has once again stated that claims with dates of service of June 1st and after are now subject to a hold in processing for ten business days to avoid applying the cut to claims. This will last on the calendar until June 14th. Congress is in recess for the remainder of this week as part of their “Memorial Day Recess” (funny how we get one day and they get five), meaning that almost half of CMS’ hold period will be spent waiting for Congress to come back to work and pass yet another temporary pay fix.

Red Flags Rules - The Red Flags Rules, of which the delays in enforcement  I have now officially lost count, have once again been delayed, this time until December 31st, 2010. Congress requested this particular delay in the rule because it is currently working on legislation that would either exempt certain businesses automatically from the rules or would allow businesses to request an exemption. At the same time as this legislation is being crafted, the AMA, the American Osteopathic Association and the Medical Society of the District of Columbia filed suit against the FTC on May 21, 2010 requesting that the FTC be barred from enforcing the rules against physicians. The suit argues that the FTC is exceeding its statutory authority by defining physicians as “creditors”.

As you can see, this is your typical federal government Friday news dump. Be certain to keep an eye on this space for further updates as they occur.

Of Pay Fixes and Whistleblowers

Posted by Paul Spencer, CPC, CPC-H in Coding and Compliance, Hot Topics, Paul Spencer CPC CPC-H

It has now been roughly 37 hours since I returned home from a vacation in Austin, TX.

A vacation is not usually a time of positive personal accomplishment. From this particular respite, I can say that the only net gains in my column were 4 1/2 pounds of buffet weight, the free beer I had bestowed upon me in an Irish bar on 6th Street from a friendly couple who enjoyed my musical interlude (thank you again, kind strangers) and the bodies of dead bugs from seven different states that now decorate my windshield in all of their Jackson Pollock-esque splendor.

When it comes to a permanent fix to the Sustainable Growth Rate formula (SGR) for Medicare payments, the U. S. Congress accomplished little more than I did during the same period of time.

Currently, there is a plan being floated by the Democrats in the House of Representatives that would delay a permanent fix to SGR until 2015. The plan would provide pay increases for a four-year period. This legislation would again need to advance prior to the latest deadline of June 1, 2010 to avoid the oft-delayed 21.3% cut that was set to originally take place at the beginning of this calendar year.

As with all past temporary fixes that have taken place, this legislation has the effect of kicking the larger problem down the road and feeding the vulture that is the pay cut, which by some estimates could be as high as 37% when 2015 rolls around.

Looking at the calendar, we are again faced with five working days to attend to the latest temporary fix before Congress takes a one-week recess for Memorial Day. This recess is expected to be spent knee-deep in the process of campaigning in an election year. If I had to make a prediction, I would begin to get comfortable with the idea of another CMS-induced delay of 10 business days for claims processing beginning on June 1st until either the legislation above or a different package offering a stay of execution of the current planned pay cut is implemented.

Also greeting me upon my return was another bit of news regarding a study published in the New England Journal of Medicine. The study was conducted jointly by scholars at Harvard Medical School and Tufts University School of Medicine among others, and focused on the effects felt by insiders who decide to file qui tam, or “whistleblower” lawsuits in the pharmaceutical industry. Despite the fact that $9 billion had been recovered due to qui tam lawsuits between 1996 and 2005, the study concluded that there is a high personal and professional toll felt by those who file qui tam lawsuits against their employer.

Twenty-six informants were interviewed for the study, which in addition to the above, led to a variety of findings:

  • 82% were subjected to firing, intimidation or blackballing upon filing the lawsuit;
  • The filing of lawsuits in most cases is precipitated by a job change, such as a promotion or other career change that makes the person privy to inside information about company operations;
  • Most of the whistleblowers attempted in vain to find an internal remedy to the unethical behavior, but were either ignored, dismissed or given orders to continue the behavior unabated.

 

What jumped out at me was that last bullet. With 90% of fraud suits starting with the qui tam process, I find it amazing that after years of awareness of the consequences of non-compliance, the primary reaction of companies whose policies are questioned from the inside tends not to be “OK, let’s investigate and if necessary, fix this”, but instead defaults to “Don’t rock the boat”.

The study recommended several steps to improve the qui tam process, including better employee protections against retaliation, increased resources for the U. S. Justice Department for enforcement (over 1,000 qui tam cases are pending currently with the department) and rewards for insiders that are equitable based on the dollar amount of the fraud that is uncovered.

The co-authors also recommended that policymakers try to instill an ethical sense that encourages more people to come forward. While that is a noble endeavor, it is also up to the companies themselves to operate in an environment of ethics and integrity that encourages the solving of problems as they arise, rather than the time-honored tradition of sweeping the problem under the rug in hopes that problems disappear permanently. 

To put it another way based on recent personal experience, if you’re driving the same road without windshield washer fluid and the bugs are continually hitting your windshield, there will come a time when you can’t see where you’re going and you lose direction.

PECOS, A Class Action & People Who Sit On Their Hands

Posted by Paul Spencer, CPC, CPC-H in Hot Topics, Industry Updates, Paul Spencer CPC CPC-H

A few tidbits of information were released over the past week that affect providers. Below is a summary of these important updates:

PECOS – Originally, the deadline for performing and ordering physicians to have their provider enrollment information updated in the PECOS system was January 3rd, 2011. This past Wednesday, CMS released an interim final rule that moves this date up to July 6, 2010. From the date of this writing, this now gives providers 60 days to complete re-validation in the PECOS system.

One thing to keep in mind is that this affects all providers. If a physician performs services or furnishes items that were either ordered or referred by a provider who is not updated in the PECOS system, the performing physician possibly faces claims denials for services rendered.

UHC Class Action Lawsuit – If you are a provider who has billed a United Healthcare insurance product in the past 8 years, chances are you or your billing entity received a mailing in the past ten days informing you of an impending settlement of a class action lawsuit brought against UHC.

The suit was originally filed by the American Medical Association and was in relation to UHC’s and their subsidiaries’ method of paying benefits for out-of-network claims from a period beginning on January 1, 2002 and ending on May 18, 2010. If you as a provider furnished out-of-network services for a UHC or allied insurance after this date, you may qualify for a portion of the negotiated settlement amount, currently listed as $350 million.

If you fall into the above category, you now have until October 5, 2010 to file a claim for payment from the settlement fund. If you yourself have not received a mailing from UHC, the AMA has set up a resource link on their website.

Pay Fix Update – And what would a weekly industry roundup be without yet another update in the continuing soap opera that is the delayed fix to the physician fee schedule?

The latest deadline for the implementation of the 21.3% cut to physician fees is now May 31st, but given the painful lessons we have learned about the American legislative process throughout the Winter and early Spring, the actual deadline date to look at is June 14, 2010. CMS has shown their willingness to delay claims processing for the full limit allowed by law of ten working days after any deadline in order to give Congress more time to work on the problem. So far, the Congressional solutions brought forward have been akin to fixing a traumatic amputation with packed mud and a loosely fastened oily rag. I can only imagine which suddenly cost-conscious senator will get on his or her soapbox this time out and complain about costs. 

Adding to the debate on a permanent pay fix was a Congressional Budget Office report of costs associated with the fee schedule being kept in its current form through 2020. CBO estimates a cost of $275 billion for that time period if no adjustments are made to the fee schedule. It remains to be seen how this report will be spun by both sides in the upcoming debate.

National media interest in a permanent pay fix was beginning to increase before the cataclysmic events in the Gulf of Mexico changed the Beltway focus from health care policy to energy policy. With the impending Memorial Day holiday, I fully expect this topic to be handled in the needlessly sloppy and emergent way that it has been addressed in the recent past.

Avoiding “The Tempest” of Investigation

Posted by Paul Spencer, CPC, CPC-H in Coding and Compliance, Hot Topics, Industry Updates, Paul Spencer CPC CPC-H

394 years ago today, William Shakespeare, the man whose works continue to be the high points of narrative drama written in the English language, died in his home in Stratford-on-Avon just a few days before his 52nd birthday.

I have a sense of humor that leans heavily to the dark side, so when I think of favorite scenes from Shakespeare’s plays, my favorite among all of his scenes is towards the end of Julius Caesar, when the angry mob surrounds, attacks and kills Cinna the Poet in a case of mistaken identity with one of Caesar’s assassins who shares his name. I can imagine the Monty Python comedy troupe having a field day with this scene on a strictly absurdist level.  

There may be nothing worse in this world on an individual human level than being accused of something you simply didn’t do and feeling as if you have absolutely no recourse to defend yourself except to exclaim your innocence.  With this thought in mind, I find this to be a perfect opportunity to speak to the physician community about CMS’ expanded audit guidelines that are part of the Patient Protection and Affordable Care Act (PPACA).

I made a passing mention in a previous post about the expansion of recovery audit contractors (RAC’s) to the state level for Medicaid plans, in addition to expanding the focus of audit for the four national RAC’s already in place. It is important to internalize what this means on the individual physician level, namely that there are more sets of eyes on your practice than ever before.

While the worst of those committing fraud against the Medicare program or other insurances tend to rise to the top and get skimmed off quickly, it is my belief that the majority of physicians believe strongly that the services for which they are billing are commensurate with the actual services performed on behalf of the patient. Yet all the belief in the world will not help you if the documentation prepared in support of those billed services is lacking.

I’ve spoken before about the importance of reviewing documentation for E/M services. Perhaps it is also a good time to look at the documentation of the procedures you perform, both within the office and in other locations. Are your notes a complete picture of the procedure performed from beginning to end? If the procedure is so extensive as to require an assistant at surgery, does the operative report include documentation of the necessity of the assistant? Is the documentation signed, keeping in mind that any op report can be rejected due to a lack of signature under CMS’ new signature requirements? If the procedure note is handwritten, is it legible?

The same thing applies to medical tests and diagnostic services. Does the documentation currently in the patient’s file represent a 1:1 comparison with the services billed? If you are billing for interpretation and reporting, is your report documented?

When physicians hear the word “fraud”, a defense mechanism is usually triggered from their perspective that believes with every fiber of their being, much like Cinna the Poet, they are being accused of something they didn’t do. If you performed a service, fully document that service and go forward secure in the knowledge that you have evidence of every service performed on behalf of your patients and their welfare.

As delicately as I can, I’ll explain it to you this way: Cinna the Poet lacked documentation of who he was and what he did. How did that work out?