Showing posts with label False Claims Act. Show all posts
Showing posts with label False Claims Act. Show all posts

Tuesday, March 15, 2011

Coding and Compliance Pitfalls: Stay Away From These Deadly Myths

Here are some common myths in the medical industry that you and your staff need to stay clear from.
Myth one: You need to bill the same amount to everyone

The fact is, you cannot bill your Medicare patients more than you do all your other patients. If your practice maintains various fee schedules (Source "http://www.supercoder.com/coding-tools/fee-schedules"), the government payers should be the lowest-priced among the group.

But then as long as you're following a contract or have consistent non-discriminatory billing policies in writing, billing may differ within your practice. But then, practically speaking, you should keep your billing policies consistent to stay away from accusations or discrimination.

Myth two: You have to send three bills before you write something off

Well, you have to make a reasonable attempt at gathering the co-pay, deductible, and when applicable, the balance of the bill; however that does not necessarily mean sending three bills.

Waiving deductibles and copayments regularly can violate several federal laws and regulations, including the Federal False Claims Act, anti-kickback statutes, and compliance guidelines for individual and small group physician practices. In the Federal False Claims Act, the OIG identifies three criteria that can end up in a violation: The waivers are routine, the waiver is given without regard to the individual's financial hardship, and the provider fails to pass on to the payer its proportional share of the discount.

Be careful: OIG regulations are not your only concern as far as collecting copays is concerned. Take a look at your payer contracts as well. Many contracts require that copays are collected during the time of service. A provider can lose participating status if they fail to toe the guidelines.

One reason you may be able to write off a patient's copay, deductible or balance is if the patient meets the criteria of financial hardship. In order for your practice to accept financial hardship as terms for a debt-off, the patient needs to be able to prove he's unable to pay. In case you cannot establish financial hardship, CMS requires that you make a reasonable endeavor to collect money from a patient. This might comprise sending three bills, followed by two phone calls, and a final notice. That cycle is at your practice's discretion. If you cannot collect it ultimately, be sure to document your efforts.

Myth three: You can bill only a single diagnosis code per claim

Well, you should bill as many diagnosis codes as you need to establish medical necessity for the services you are billing. Some payers' computer systems used to be able to read only one diagnosis code per line. However, now you should always be able to report all relevant diagnoses for each visit, and link the proper diagnoses to each service on each line.

This will become important when ICD-10 codes go into effect in 2013 at which point diagnosis coding will expand considerably.

Myth Four: E/M codes are assigned only by the level of medical decision-making (MDM).

Medical decision-making (MDM) is only one of three important components, depending on the category of the code. However you should always think about the nature of the patient's presenting problem when figuring out which code is most accurate.

Myth Five: If you are a Medicaid provider, you have to accept all Medicaid patients partly state-funded and state-designed, it's hard to give a general rule. Many states will allow some flexibility allowing you to limit new admits to your patient mix.

Some states may allow you to limit the number of Medicaid patients that you see. Most Medicaids recognize that you can go broke minus the ability to keep a viable patient mix.

Check with your state: If you are not clear regarding whether your state allows limitation of Medicaid patients, get in touch with your state's Department of Health and Human Services rather than contacting your payer.

Myth six: Medicare HMOs have to toe the same rules as Medicare

Medicare HMOs have a set of guidelines that they must follow; what's more, they've to cover everything Medicare would cover. However, they can also opt to cover other things, and they can require referrals, authorizations, and other things that Medicare would not need.

Myth seven: Secondary insurance always pays what Medicare does not

Well, secondary insurance is more likely to pick up what Medicare does not pay. However, secondary insurance does not have to pay for everything that Medicare does not. Oftentimes, secondary payers will only pay up to a certain amount and if Medicare has already shelled out that amount, they will not pay any more. Supplemental insurance will only pay Medicare's copays and deductibles, not everything else Medicare does not reimburse.

Monday, January 31, 2011

Stay Away From A 'Finders Keepers' Overpayment Mentality

Recently, we found out that a patient overpaid us on her copay. We gathered $50, which was the last copay we had on record. It turns out that the patient's plan changed, but she is still under the same payer. However, her copay is now only $25 for an office visit. In this situation, can we just credit her account or do we need to issue a refund?
Well, you certainly need to issue a refund to the patient; however how you do that depends on the patient. As soon as you discover that a patient has overpaid you, your practice should notify the patient.

You cannot hold onto the money indefinitely.

You can credit the patient's account; however only if the patient agrees to that. If the patient will be returning to your office you can suggest that you apply the overpayment as a credit toward the patient's co-payment for the next visit. If the patient does not want to apply it toward a future visit, however, you must return the overpayment.

You should provide two options:



  • A credit on the patient's account that you will apply to future services

  • A refund of the overpayment.

    Tip: You may find it easier to just send the overpayment amount back to the patient with a letter explaining the situation, rather than notifying the patient and discussing options. Go for whichever process works best for your practice.

    Bottom line: You can't and shouldn't keep an overpayment – from a patient or a payer. That practice may land your provider in big trouble. The agreement to return to any overpayments is fundamental to a provider's eligibility to participate in the Medicare program.

    Section 1866(a)(1)(C) of the Social Security Act (42 U.S.C. § 1395cc) needs participating providers to provide information about payments made to them and to refund any monies incorrectly paid. The 2010 Patient Protection and Affordable Care Act creates new obligations under the False Claims Act (FCA) whereby a Medicare provider who fails to timely report and refund an overpayment may be subject to substantial damages and penalties.

    For further details, sign up for a medical coding guide like Supercoder.
  • Tuesday, January 18, 2011

    Stay Away From a 'Finders Keepers' Overpayment Mentality

    Scenario: We found out that a patient overpaid us on her co-pay. We gathered $50, which was the last co-pay we had on record. It turns out that the patient's plan changed but is still under the same payer. However, her co-pay is now only $25 for an office visit. In this case, can we just credit her account or do we need to issue a refund?

    Answer: You do need to issue a refund to the patient; however how you do that is up to the patient. As soon as you find out that a patient has overpaid you, your practice should notify the patient.

    You cannot hold onto the money for an indefinite period of time.

    You can credit the patient's account, however only if the patient agrees to that. If the patient will be returning your office you can suggest that you apply the overpayment as a credit toward the patient's co-payment for the next visit. But again if the patient does not want to apply it toward a future visit, you must return the overpayment.

    You should offer two options:





  • A credit on the patient's account that you'll apply to future services
  • A refund of the overpayment

    You may find it easier to just send the overpayment amount back to the patient with a letter explaining the situation, rather than notifying the patient and discussing options. Go for whichever process works best for your practice.

    Bottomline: You cannot and shouldn't keep an overpayment – from a patient or a payer. That practice may land your provider into big trouble. The pact to return any overpayments is fundamental to a provider's eligibility to participate in the Medicare program. Section 1866(a)(1)(C) of the Social Security Act (42 U.S.C. § 1395cc) calls for participating providers to furnish information about payments made to them and to refund any payments paid incorrectly. The 2010 Patient Protection and Affordable Care Act creates new obligations under the False Claims Act (FCA) whereby a Medicare provider who fails to report timely amd refund an overpayment may be subject to substantial damamges and penalties.

    Article Source :- http://www.supercoder.com/coding-newsletters/my-optometry-coding-alert/reader-questions-avoid-a-finders-keepers-overpayment-mentality-103512-article