Showing posts with label Medicare. Show all posts
Showing posts with label Medicare. Show all posts

Friday, May 10, 2019

The Stark Law – Be Careful Who You Give To

Questions about the Stark Law

Named after U.S. Rep. Pete Stark, the Stark law is also known as the physician-referral law, or the kick-back law

Healthcare Compliance Solutions Inc. (HCSI) recently received this question from a client regarding the Stark Law (Names and places have been changed in this example):

Hello,

Would any of the following violate the Stark Law? Our doctors here at Ophthalmology Associates of Kansas City (OAKC) purchase two NFL season football ticket package for our employees. Sometimes there are tickets left over.

Is it against Stark Laws if:
1.      OAKC doctors give tickets to an employee working at Topeka Optometry Center (TOC) when one of their employees has been extra helpful to us?
2.   An OAKC doctor gives tickets to a TOC employee for a raffle.
3.   OAKC donates the tickets anonymously to TOC?
(Note: Sometimes TOC refers patients to us for surgery).

Thank you for taking the time to read this email.

Lynn B. Jones
Ophthalmology Associates of  Kansas City

We answered their questions by sharing a quote from the website of one of the thousands of law firms trolling for clients who might be willing to blow the whistle on a doctor's best intentions. Both the lawyer and the whistleblower get money for “turning in” doctors. Here is their pitch:

“Learn your rights as a first-to-report whistleblower. You may be entitled to a substantial cash reward. Doctors often try to skirt the law by offering ‘bennies’ to entities who have the potential to favor their services. We have seen many attempts to get around the anti-kickback laws, e.g., Stark Law, including:


  • Free lunches to office staff;
  • Golf outings;
  • Sporting event tickets and hard to get concert seats;
  • Etc.
Call this Law Firm for a free, confidential analysis (phone #).”

Overall the original concept of the Stark Law was to protect Medicare patients from being taken advantage of by physicians or organizations who might stand to benefit from referrals for testing, or bribes and kickbacks that might appear to financially benefit a specific physician or other health-care entity.

So what do you do to keep your doctors and clinic safe in your three scenarios:
  • Because your doctors get referrals from TOC, unfortunately, that is a fairly clear indication that it violates the Stark Law to give them tickets.
  • See #1. It may seem casual and no big deal to say “Yea,we’ve got extra tickets to the game, just come pick ‘em up.” But there’s always the danger of a disgruntled whistleblower that “heard Billy got free tickets to the game from Dr. Jones.”
  • If there is a way for OAKC to donate the tickets anonymously you are okay. The challenge is that TOC already knows you have given them tickets. Would they know it is you, even if a third party donated them? You would have to work that out carefully.

A safe rule of thumb to help you steer clear of Stark laws:
Don’t take or give anything of value to entities where there is a potential to benefit one or both of you.

Additional Stark Law and related information:
The High Cost of Stark Law Violations

 HCSI

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Thursday, March 8, 2018

100 in 10 Campaign

Healthcare Compliance Solutions, Inc. (HCSI)
has launched the “100 in 10” campaign.

What is the “100 in 10” Campaign?

The Healthcare Compliance Solutions Inc. “100 in 10” campaign was designed to encourage healthcare organizations to complete 100% of their new employees’ compliance training within their first 10 days.

100% Completion

First 10 Days

Why is it Necessary?

When a new employee is hired, outside of Medicare (within first 45 days), there is not a set time period for training the new hires on compliance regulations. With new hires, healthcare organizations will train their new employees on the different workings of the organization, the daily tasks the employee will perform, and other training's that are vital to the new employee’s ability to perform the job they have been hired to do. However, many organizations will postpone providing compliance training until it is convenient for them do conduct the training.

During this time, the employee continues to do his or her job while being ignorant on compliance regulations, office polices, and potential liabilities for the organization. All the while:
  • They have been exposed to various forms of protected health information (PHI) without being trained on HIPAA regulations. 
  • They have been moving around the office without knowledge of the safety protocols due to not being trained on OSHA regulations.
  • They have been interacting with other co-workers before the new employee understands what is and what is not acceptable behavior within the organization because they have not been properly trained on HR Policies/Procedures.
  • They do billing or other activities involving Medicare without being trained on Fraud, Waste, and Abuse.
All of this activity by the new employee is a major liability and puts the organization at unnecessary risk.

Recommendation

With more than 30 years of experience, it is the professional recommendation of HCSI that all new employees complete 100% of the compliance training within their first 10 days.

100% in 10 days is a goal that all healthcare professionals can achieve.

Make sure all of your new employees are 100 in 10!



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Tuesday, January 10, 2017

Proactive Compliance Begins with Early Training

Compliance training is not an end of the year check list item

It is the last week of December and Stephanie has just begun to do her compliance training for the year. She had not progressed too far into the training when she was pulled away in order to help a co-worker. Two days later, Stephanie tries to continue with her compliance training, but runs into an unforeseen technical issue. Another day passes before the technical issue is resolved and she can continue with her compliance training. Stephanie's anxiety is beginning to rise as she only has two more days before the end of the year to complete her training.

At the end of last year, I received many phone calls from healthcare professionals who needed assistance trying to complete their required compliance training before the end of the year. These people's emotions ranged from anxious and panicked to the always fall back emotion of, "oh well, I'm not the one who will be held liable if some thing happens".

There are many areas of compliance where Healthcare Professionals are required to have annually documented compliance training. These areas include, but are not limited to HIPAA, OSHA, and Medicare. In the case of an audit, it is always the recommend practice to have all of your compliance training documents reflect the current year.

Having a proactive approach to compliance is the best way to protect your office against possible liability and a proactive approach begins with early in the year compliance training. Give yourself the peace of mind knowing that your office has its compliance training done for the current year.



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Tuesday, December 6, 2016

Overwhelmed, Underpaid, Stretched Too Thin: The Case of Multi-Office Compliance Administrators

Managing compliance with multiple offices at different locations can be challenging, but it is possible if done right.

Rita just finished talking with the Tampa office, as they have been struggling with some compliance issues. She begins drafting her report when the phone rings again. This time it is another issue with a misinterpretation of a compliance issue, but this one is at their office in Atlanta. Rita clarifies the issue and makes notes for her next report that will be done after she has completed the one from the Tampa office. "That's two offices in the last few minutes," Rita says aloud. "As long as I don't hear from the other seven offices I should be alright." At that moment, Rita's phone rings again.

Being responsible for the compliance regulations (HIPAA, OSHA, Human Resources, and Medicare) at one office is a demanding and time consuming job. Being responsible for all of the compliance regulations at multiple offices is, in all likelihood, overwhelming and ineffective. There are three specific areas that we are going to be reviewing where having a "multi-office Compliance Administrator" is a challenge.

So Many Duties, So Little Time
In many offices, the person who is assigned to be responsible for the compliance duties within that office, is also responsible for many other duties that have been assigned. These conflicts often lead to one or more of the person's assigned duties being neglected. Far too often, the duties that are often left neglected within an office turn out to be those duties that the person wants to do the least . . . compliance. Neglecting compliance, even if unintentional, will lead to an increase of liability for the organization as a whole. An adequate amount of time needs to be accounted for in order for the assigned person to be able to protect the organization by being effective in their compliance duties.

Compliance Representation

Even in a multi-office structure, it is essential to have compliance representation for each individual office. Examples of compliance representation include:

  • Office specific compliance policies and procedures
  • Compliance forms identified for each individual office
  • Subject matter expert (SME) at each location as the go-to person for compliance questions or patient concerns
Compliance and Employee Awareness
Being aware of what is happening within each individual office is a big challenge for multi-office Compliance Administrators. However, this is the most important factor in determining the success for failure of a compliance program.
  • Needs and Circumstances - Each office has its own uniqueness in terms of compliance needs, focus, and circumstances. For example, restricted access areas within the office might be a huge issue at one office. Where as, verbal protected health information (PHI) exposure could be a concern at a different location. Each office is unique and has its own challenges. One office could have a ramp safety issue and another office could be facing IT security issues. Each office is unique and should be treated as such.
  • Employees - Do you know what your employees are doing and saying when it comes to compliance? This is the biggest liability challenge for any organization. Having the ability to identify and quickly correct any possible compliance issue brought on by your employees lack of understanding or poor attitude, is a big difference maker for any compliance program. This goes a long way to creating the all too important culture of compliance within any healthcare office. Lacking employee awareness will leave your organization open to compliance issues and liability. It is also the quickest way for the multi-office Compliance Administrator to have an involuntary job change.
Can one person be the multi-office Compliance Administrator? The answer is, yes. If one person wants to be responsible for the compliance of the entire organization, they can do that, but they need to ensure that they have the following at each location:
  • Written and customized policies and procedures
  • Customized compliance material (forms, Business Associate Agreements, etc.)
  • Compliance Representative/SME
Having an effective compliance program and developing a culture of compliance within each healthcare office can be achieved. However, having one person trying to do all of the compliance program themselves for multiple healthcare offices is not the sign of a hard worker. It is a risky course to take that is laden with pitfalls and unnecessary liability.

Take a moment to review your current compliance situation. Ask yourself, "is my current compliance program protecting the organization or putting it at risk?" Could your current compliance program be better based on the needs of your organization and its individual offices? We can all do better improving our compliance efforts and meeting the needs of the organization. Rita has begun reviewing her compliance situation, maybe its time to review yours as well.




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Friday, August 19, 2016

Compliance Essentials: Training

Training is one of the essential cornerstones of any effective compliance program.

Training is an investment for any organization. That investment pays great dividends in the form of liability protection when it comes to compliance. However, with that being said, some organizations are still hesitant to train their employees or outright refuse to make this very important investment.

When it comes to Federal and State compliance, the decision to train employees has been taken out of the hands of the organizations. For example, with HIPAA compliance, the Office for Civil Rights (OCR), states:


"§164.530(b)(1) Standard: Training. A covered entity must train all members of its workforce on the policies and procedures with respect to protected health information required by this subpart and subpart D of this part, as necessary and appropriate for the members of the workforce to carry out their functions within the covered entity."

In the event of a HIPAA audit, the auditor will ask him or herself a discovery question:


"Does the covered entity train its work force and have a policies and procedures to ensure all members of the workforce receive necessary and appropriate training in a timely manner as provided for by the established performance criterion?"

In addition, the auditor will take the following action:

"Obtain and review such policies and procedures. Areas to review include training each new member of the workforce within a reasonable period of time and each member whose functions are affected by a material change in policies or procedures. From the population of new hires within the audit period, obtain and review a sample of documentation of necessary and appropriate training on the HIPAA Privacy Rule that has been provided and completed."

And finally, the auditor will:

"Obtain and review documentation that workforce members have been trained on material changes to policies and procedures required by the HITECH Act."

What is the above patter of the auditor?

  1. As a mater of policy, require that all employees are being fully trained
  2. Ensure that each organization has established policies and procedures
  3. Verify that training is being done by obtaining documentation on training and policies/procedures
This similar pattern is followed by other government organizations. Documented compliance training is required in the areas of OSHA, Medicare, and other various areas where compliance is required.

When organizations give their employees the resources and information they need to be compliant with these various regulations, they begin to establish a culture of compliance within the organization. 

Compliance training is not a request or addressable, it is REQUIRED!!!!!

Employee training is an investment worth making. However, compliance training is not just a good investment, it is liability protection that any organization cannot be without.



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Thursday, July 14, 2016

5 Pioneering Changes to Healthcare Compliance Support

Excessive weight of compliance regulations has necessitated the need for more guided compliance support

Dr. Paul was just wrapping-up the recent OSHA audit. He was very frustrated as he was found to be in violation of more than a dozen OSHA regulations. Following the completion of his OSHA audit, he called the company he had entrusted with his compliance, Healthcare Compliance Solutions, Inc. (HCSI). After some discussion between Dr. Paul and the representative at HCSI, it was discovered that after Dr. Paul had purchased the HCSI Compliance Program, he did not fully incorporate the program into his seven locations that he was trying to support with the single compliance officer. Dr. Paul and HCSI worked together to ensure that the next audit, OSHA or HIPAA, would have a much different and positive result.

The case study described above really happened. It was this very situation that made it clear to everybody at HCSI that something different needed to be done in compliance support. Major changes were needed to the compliance industry and HCSI has taken it upon themselves to be the pioneer in the reformation process of healthcare compliance support.

Below is the list of the areas identified where changes are necessary:

  • Training - It was previously thought that all an office needed was to train their employees once a year (if that) on compliance regulations while having a pizza party. Once the information was distributed, the employees would go about their days, having learned very little about the organization's procedures or the compliance regulations, and putting the organization at risk of a breach.
  • Policies and Procedures - This is an issue that has proved to be very costly. The federal regulations require effective and written policies and procedures . For too many years this requirement has been taken lightly. Ineffective or incomplete manuals have become a plague on the healthcare industry. Many organizations simply say, "I have bought a manual, so I am compliant".
  • Updating - The federal government requires every compliance program to be continuously updated. This necessitates the need to constant monitoring, adjusting, and retraining of compliance issues. This is either being done halfheartedly, in disarray, or in most cases, not at all.
  • Support - Most organizations only call their compliance support company when they hit the panic button. As we learned in the case study at the beginning of this article, that is simply reactive when the goal with compliance is to be proactive.
The four points listed above are examples of how compliance is currently being supported in the healthcare industry. They are out-of-date and are simply ineffective in giving the healthcare industry the support it needs in order to comply with the federal regulations.

As previously stated, HCSI has taken it upon themselves to be the pioneer in the reformation process of healthcare compliance support. HCSI has recognized that in order to truly protect yourself from compliance liability and effectively adhere to the regulations, it is vital that a cultural change occur within the organization. By establishing a culture of compliance, any healthcare organization will be able to feel assured about their compliance adherence. In order to help healthcare organizations create a culture of compliance, here are the changes HCSI has made to compliance support in the healthcare industry:
  • Training - Created effective online training where each employee is held accountable for their own training. Each administrator has control over adding, deleting, and monitoring their employees. At the end of each training module, a certificate of completion is printed as proof of employee compliance education.
  • Policies and Procedures - Written policies and procedures that are effective in supporting the office are required. HCSI's Audit Manual contains required policies and procedures that the federal government agencies are looking for. In addition, HCSI has created an extensive Compliance Reference Guide that gives further support and understanding for Compliance Officers.
  • Updating - The federal government calls compliance a "continuous journey" and it is this "journey" that they are looking for during an audit. For this reason, weekly, monthly, and quarterly updates are mailed out to each HCSI client. These quarterly updates are reviewed and initialed by each employee as an ongoing training initiative. These updates keep your employees and compliance staff up-to-date with current compliance information and are an important part of the "continuous journey" of compliance.
  • Support - The excessive weight of compliance regulations are taking a toll on the healthcare industry. HCSI has recognized this issue and has addressed it. In order to help ease the weight of compliance, Utilizing Client Relationship Specialists (CRS), HCSI supports its clients in ways that are unique in the healthcare industry. Every new HCSI client receives a phone call on a quarterly basis. HCSI understands that this first year is critical in creating a culture of compliance within the organization. These quarterly calls are intended to support the administrators and ease their burden. After the first year, HCSI will reach-out to each of their clients multiple times throughout the year. Had this new process been in place previously, it would have helped prevent the OSHA violations Dr. Paul experienced in the case study. In addition to the proactive approach to support, HCSI talks with thousands of healthcare professionals who reach out to HCSI's CRS' for answers to their compliance questions. Nobody likes feeling as though they are in the dark. With effective compliance support, no healthcare professional has to feel that way.
  • Additional Resources - In addition to training, policies, updating, and support, HCSI recognized one missing element of support that has been previously missing within the healthcare industry. Customizable forms, resource updates, informational blog, Facebook community, and a Linkedin group, are all additional ways the healthcare industry is able to receive, well over due, comprehensive compliance support.
As Dr. Paul learned in the case study, healthcare organizations are no longer able to simply buy a manual or do the bare minimum. Healthcare compliance support, as it stands now, is no longer a viable option as it is grossly ineffective in protecting the healthcare organization from liability, from protecting patient's information, and protecting the healthcare employees themselves.

HCSI is pioneering a new compliance support program that is revolutionizing how healthcare organizations are meeting the federal compliance regulations. To begin incorporating a culture of compliance within your healthcare organization, look to HCSI's Compliance Program.



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Friday, June 3, 2016

How HCSI is Making a Difference in the Healthcare Industry

By creating a compliance service that has supported the efforts and improvements of thousands of healthcare professionals all across the nation, HCSI has made a difference!

There is a current trend in the healthcare industry. Companies have been created with the sole purpose of compliance training for healthcare offices. This "rash" is irritating and annoying. These type of "training" companies do not care about the healthcare organization, their employees, the success of the administrators, or their patients. Healthcare offices itch and itch at this "rash" hoping it will feel better. "If I only do my compliance training, everything will be alright.". Only doing compliance training is like scratching at an irritating "rash", it will not make things better and the rash will never go away.

The Office of Civil Rights (OCR) has said that compliance is a "continuous journey". They are not looking to see if employees are simply trained in compliance as that is not enough! It is all about the "continuous journey" and not the final destination. Having a "rash" is not the final destination. There is no final destination in compliance!

It is the "continuous journey" of compliance that the OCR is looking for. They want healthcare professionals to have a sort of culture of compliance as part of their organization. Here is what the OCR is looking for:
  • Established and written policies and procedures
  • Documentation . . . about everything
  • Continuous improvement
  • Compliance education (yes, training is only one part of compliance)
  • Self-Audits
  • Accountability
  • Effort, attitude, and mindset
Yes, there is an ointment to this compliance training "rash"!

For more than 30 years, Healthcare Compliance Solutions, Inc. (HCSI) has been working with healthcare professionals. HCSI has a compliance service that will cure that irritating training "rash" which as been plaguing healthcare offices' for many years. When a healthcare office becomes a Compliance Business Partner with HCSI, they begin their "continuous journey" of compliance by having:
  • Established and written policies and procedures (Policy Manual)
  • Documentation (Forms)
  • Continuous improvement (Updates)
  • Compliance education (Training Modules in HIPAA, OSHA, HR, Medicare)
  • Self-Audits (Customization)
  • Accountability (Employee Progress Tracking)
  • Effort, attitude, and mindset (Support, Reference Manual, and Social Media)
HCSI's compliance service is not about only training and giving healthcare organizations a "rash". It is about creating an effective partnership that will help healthcare organizations establish a culture of compliance within their office by helping and supporting the organization, their employees, their administrator, compliance officers and their patients. HCSI has been making a difference in the healthcare industry for more than 30 years and HCSI will continue to make a difference for many years to come!

Remember, compliance it is not about having a "rash". Compliance is about a "continuous journey" and HCSI will be riding shotgun and sitting right beside you on this journey of compliance!

If you have any questions please feel free to contact support@hcsiinc.com





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Wednesday, March 23, 2016

Don't Write Off Patient Copays

Before waiving patient copays, consider the legal consequences first.

It comes naturally to want to help your patients; especially the ones struggling to get by on a meager income or retirement. At first blush, it may make sense to waive the patient portion of a medical bill after the insurance has paid. But before you waive a patient's financial responsibility, consider the legal consequences of doing so. Nowadays, patient discounts, if given incorrectly, can run awry of insurance regulations or even violate federal anti-kickback statutes.
John Meigs, Jr., has practiced as a solo, family physician in rural Alabama for over 30 years. During that time he says the business of medicine has changed drastically. Prior to the institution of health insurance, physicians would often discount their services for patients who struggled to pay or even give free care for the worst cases. Now, however, waiving the patient portion of a physician's fee could potentially land a kind-hearted physician in hot water, as failing to collect insurance copays and deductibles could violate contracts with private and federal insurance companies. It could also negatively impact a practice's bottom line.

"To be legal, you can't charge less than what Medicare would pay ... Obviously, if you discounted everybody you couldn't stay in business. You have to collect," says Meigs, who is now an employed physician at Bibbs Medical Associates, a rural health clinic in Bibbs County, Ala. and president-elect for the American Academy of Family Physicians.

LEGAL CONSIDERATIONS

In its "Code of Medical Ethics, Opinion 8.03, Conflicts of Interest" the AMA writes, "Under no circumstances may physicians place their own financial interests above the welfare of their patients. … If a conflict develops between the physician's financial interest and the physician's responsibilities to the patient, the conflict must be resolved to the patient's benefit."

But as a businessman or woman who has also entered into legal contracts with multiple insurance payers and the federal government, this ethical dictate is not always as simple as physicians might wish.

Attorney Michael Sacopulos, founder and president of Terre Haute, Ind.-based Medical Risk Institute, says in the vast majority of cases, the physicians he works with are not intent on defrauding payers or the government. "You've got a group of people that care about others, or they wouldn't have gone into healthcare, and they want to provide services," he says.

But the impulse to help patients by waiving copays is one a physician should resist for several reasons, says Sacopulos. Patient cost sharing is viewed as an important component of holding down the rising cost of medical care by commercial and government payers. The insurance companies reason if patients have more "skin in the game," they may make better informed decisions about when and where to seek medical treatment, and potentially reduce their demands for expensive diagnostic testing and procedures that may not be necessary.

Aside from the fact that collecting copays and deductibles is a contractual obligation for physicians, if a physician were to routinely waive the patient portion of his fee, the insurance company could take that to mean that his usual and customary fee was really “x” percent less than originally stated. There have been cases, says Sacopulos, where insurance companies have sued physicians for fraud and won. "[Payers and physicians] entered into a contract where they said these are the fees you normally charge … and in fact, what you have done is systematically ignored that. And that is a breach of contract … so you've defrauded [the payer]," he says.

Another pitfall that could trip up physicians is violating the federal Anti-Kickback Statute (AKS). There is no lack of news about shady physicians or medical suppliers who exchange money in return for referrals of new Medicare patients. But even physicians who have more altruistic motives could run afoul of federal laws. HHS' Office of the Inspector General (OIG) makes clear in "A Roadmap for New Physicians, Fraud & Abuse Laws" that routinely failing to collect patient copays in any instance other than for individual determination of patient hardship is illegal:

"The kickback prohibition applies to all sources of referrals, even patients. For example, where the Medicare and Medicaid programs require patients to pay copays for services, you are generally required to collect that money from your patients. Routinely waiving these copays could implicate the AKS and you may not advertise that you will forgive copayments."

FINANCIAL CONSIDERATIONS

Given declining payer reimbursements, failing to collect patient copays and deductibles could also have serious consequences for practice revenue. Barbara Dunn, president of Houston-based MedRecovery Solutions, a medical billing company, says many practices can't afford not to collect patient balances. "In today's medical environment, [physicians] are really hurting themselves [if they don't collect] because a lot of times the insurance company is paying less than the copay," she says.

Adding another wrinkle, new high-deductible health plans are making it harder for patients to afford services. Patients may feel unable or unwilling to pay their copays and/or deductibles or skip out on necessary treatment or testing, says Meigs. When patients do not pay their insurance premiums, health exchange insurance companies are asking physicians for refunds for services already rendered, Dunn says, leaving practices to collect from patients who have already demonstrated that they cannot pay. 

In cases of true financial hardship, practices can discount treatment. The key, Dunn says, is not to make it a regular practice; it must be an isolated incident that is documented in the patient chart. "As long as you bill out the full amount, you can discount anybody's bill. Just document that the patient has a hardship, and therefore they would discount the patient portion by ‘x’ number of dollars," she says.

HOW TO DO IT RIGHT

To protect your practice's revenue stream, comply with contractual obligations, and make your front-desk/billing staff's job easier, it is vital to establish a clear financial policy that spells out provisions for collecting patient copays and deductibles and establishes your policy on patient discounts and charity care.

It doesn't need to be "page and pages in a policy manual," says Sacopulos. "But, I think if [practices] are ever intending to waive off copays and deductibles, it should be done pursuant to a policy with documentation." He says many consultants can provide a template that practices can adopt for their own use.

Here are a few guidelines to follow when creating your own financial policy:

• Develop, publish, and train staff on your practice's financial policy.

Establish the circumstances and qualifying criteria when your practice will discount patient care, and disseminate that information to staff. By outlining your policies on helping low-income patients, patients without insurance, or cancer patients who may need expensive treatments such as reconstructive surgery, for example, staff will have a consistent policy to follow and will treat all patients the same. This will also protect your practice from embezzlement disguised as waived copays or discounts to staff friends and family members.

• Develop a system for establishing and documenting financial hardship in the patient chart.

Many physicians are uncomfortable with discussing money and often pass that task off to front-desk staff. But it shouldn't be done willy-nilly. "If you are going to have someone on your staff deal with it, then you need to give them the guidance and the tools to do that in a fair way," says Sacopulos. He gives his clients a form to use to document patient financial hardship. Because Meigs' practice is designated as a rural health clinic, he says they use a sliding fee schedule for patients who can demonstrate financial need, usually by supplying a tax return.

• Make sure that a section is devoted to your policy on professional courtesy.

It used to be a common occurrence to extend discounts to physician colleagues as a professional courtesy, says Meigs. But given contractual obligations to collect patient copays that tradition has fallen by the wayside for many practices. The key, says Dunn, is to make sure that waiving copays is not a routine policy. "More times I see that [practices] will take that patient portion and discount it. And that discounted part is a professional courtesy, but there is still a balance that is billed to the patient," she says.

• Institute a system to consistently make a fair effort at collecting outstanding patient accounts.

A typical policy is to send out three patient statements, says Dunn. If there is no patient response, follow statements with a phone call and/or a collection letter and document your efforts in the patient chart. If done properly and consistently your practice may safely write-off uncollectible copays and/or deductibles, or turn them over to a collections agency. And if the practice is ever audited by Medicare or a private payer, you will have a paper trail easily retrieved from the patient chart.

DISCOUNTING STAFF TREATMENT

Providing practice staff with "insurance only" medical care (waiving the patient copay and accepting the insurance reimbursement as payment in full) would likely violate the practice's insurance contracts. However, practices do sometimes discount staff care as a professional courtesy or an employee benefit. While the custom is well-meaning, it can be problematic, according to Michael Sacopulos, a healthcare attorney. "I think [discounting care] is an employee benefit; I've not seen anyone have trouble with that. … The question is do you have to report it as compensation? Technically you are giving them the value of [treatment]," he says.

One way for practices to help staff with medical expenses and avoid running afoul of the IRS is to fund a financial vehicle like a Medical Expense Reimbursement Plan (MERP) that reimburses staff for a portion of their out-of-pocket medical expenses like copays and deductibles, say experts.

Source(s): Erica Sprey, http://www.physicianspractice.com, http://www.hcsiinc.com
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Tuesday, January 12, 2016

The Move Away From Fee-For-Service Healthcare

White House Launches Medicare's Most Aggressive Accountable Care Effort Yet

The move away from fee-for-service Medicare forged ahead for 21 accountable care organizations entering a new more aggressive phase of a program that puts doctors and hospitals at even greater financial risk so they can improve quality, lower costs and potentially reap better pay.

The announcement by the Centers for Medicare & Medicaid Services about the number of participants in the “next generation” ACO model is significant because there had been concern some ACOs would lose interest or wouldn’t take on the more aggressive goals of the program. “In addition to being paid for positive patient outcomes (providers) will also receive penalties for negative ones,” the Obama administration said.

ACOs, which are proliferating across the country, put doctors, hospitals and a team of providers including social workers under the same umbrella to care for populations of patients. The ACO has a contract with Medicare to improve quality, lower costs and then keep any money saved from year to year based on the arrangement with the health plan.
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In all, there are more than 475 Medicare ACOs across the country serving nearly 9 million Medicare beneficiaries since the so-called “Medicare Shared savings program” began in 2012 under the Affordable Care Act. The smaller number in the next generation program are taking on greater financial risks.

Unlike earlier ACOs that have contracted with Medicare, participants can take on more financial risk “up to 100%.”

“We are moving Medicare and the entire healthcare system toward paying providers based on the quality, rather than the quantity of care they give patients,” U.S. Secretary of Health and Human Services Sylvia Burwell said. “Americans will get better care and we will spend our healthcare dollars more wisely because these hospitals and providers have made a commitment to change how they do business and work with patients.”

The ACO program is all part of the Obama administration’s effort announced last year to shift 50% of Medicare payment to value-based models and away from fee for-service by 2018. Large health insurance companies are doing the same thing in the private sector led by UnitedHealth Group, Aetna, Anthem and Blue Cross and Blue Shield plans across the country that are shifting tens of billions of dollars in payments to value-based models like ACOs, medical homes and bundled payments to providers.

While there are challenges in reducing costs while at the same time improving quality, those involved with the “next generation” phase say they see more opportunities to provide more cost-effective options that will still provide Medicare beneficiaries better service.

For example, Universal American, which contracts with Medicare to provide health benefits to seniors, said it is covering telehealth consultations that an ACO in its network will use to keep beneficiaries healthy and at home.

“Telemedicine services received at a beneficiary’s home will be covered and allow physicians to offer care through telephonic, online and other electronic communications,” said Richard Barasch, chief executive officer of Universal American, which contracts with Houston-based Accountable Care Coalition of Southeast Texas, one of the 21 next-generation Medicare ACOs.


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