Friday, July 22, 2011
CMS Issues Memo on Telemedicine Rule for Hospitals and CAHs
To read the memorandum, click here:
http://www.namss.org/Portals/0/Advocacy/CMS%20Final%20Rule%20-%20CAH.pdf
Source: CMS
Friday, July 8, 2011
CMS Proposes Rule Retracting Physician Signature Requirement
The rule was supposed to go into effect on January 1, 2011, but was indefinitely delayed after many argued that the rule would create inefficiency.
The proposed rule is open for a 60-day comment period and will likely be finalized later this year.
To see the Federal Register announcement, click here:
http://www.gpo.gov/fdsys/pkg/FR-2011-06-30/pdf/2011-16366.pdf
Tuesday, May 3, 2011
Regulatory Alert: CMS Releases Final Rule on Telemedicine Credentialing and Privileging
WASHINGTON (May 2, 2011) -
On May 2, the Centers for Medicare and Medicaid Services (CMS) released a final rule that will make it easier for hospitals and critical access hospitals (CAHs) to credential and privilege telemedicine providers.
The rule allows hospitals and CAHs delivering telemedicine services to rely on the credentialing and privileging information of the distant-site facility. The distant-site facility is defined as the location where the provider is located. Members of the governing body of the hospital or CAH where the patient is located will still need to make their own privileging decision; however, the new rule allows them to rely on the credentialing information and privileging decision of the distant-site facility.
One major change from the May 26, 2010 proposed rule is that CMS will allow hospitals and CAHs to accept credentialing and privileging information from facilities other than Medicare-participating entities as long as there is a written agreement between facilities stating that the distant-site entity will “furnish services that permit the hospital to comply with all applicable conditions of participation and standards for contracted services.” This includes the credentialing and privileging requirements of the conditions of participation.
The proposed rule had originally been written to exclude non-Medicare participating telemedicine entities since CMS would have no oversight over them. These entities include teleradiology providers, telepathology providers, and others, including ambulatory surgery centers accredited by The Joint Commission. CMS realized that preventing hospitals and CAHs from applying the new rule to these providers would do little to increase patient access to services or to reduce the burden on small hospitals and CAHs that want to provide telemedicine services.
The final rule will be published in the Federal Register on May 5. Hospitals and CAHs will be given 60 days from its publication date to implement the rule.
NAMSS is hosting an upcoming webinar with Lieutenant Commander Scott Cooper of the CMS Office of Clinical Standards and Quality. Lt. Cmdr. Cooper will give an overview of the final telemedicine rule and answer any questions you may have. Be sure to watch your e-mail and the NAMSS Homepage at www.namss.org for the date and registration information.
Read the final rule and see CMS’ responses to comments submitted
Read NAMSS’ comments submitted on the proposed rule in July 2010
Thursday, April 21, 2011
Cardiologists Seek Supreme Court Review of Economic Credentialing Case
The cardiologists claimed that in 2007, they refused to refer patients to Citizens Medical Center's cardiac surgeon because the surgeon's mortality rate exeeded that of other surgeons in the area. They claimed that CMC took action against them, imposing an on-call duty requirement that they were unable to fulfill, essentially leading to the termination of their privileges. They claimed that under the federal Anti-Kickback Act, the hospital wrongfully terminated their privileges under a practice of economic credentialing.
The U.S. Court of Appeals for the Fifth Circuit ruled that CMC had a rational basis for terminating the cardiologists' privileges and that the hospital committed no violation. The cardiologists are seeking review of the decision by the Supreme Court, stating that the healthcare industry needs clarification on when the federal anti-kickback statute applies.
Source: BNA
Tuesday, February 22, 2011
Government Cracks Down on $225 Million in False Claims
The Medicare Task Force is a joint effort between the Department of Health and Human Services, the Department of Justice, and FBI to crack down on Medicare fraud and false claims in an effort to avoid wrongful and wasteful spending.
Actions of the charged individuals include the submission of claims for services and equipment never rendered and the recruitment of patients in order to receive financial kickbacks.
It is reported that since the Task Force started in 2007, it has recovered more than $4 billion. The average prison sentence for those convicted has been 43 months.
To read the full article, click here:
http://articles.latimes.com/2011/feb/17/nation/la-na-medicare-fraud-20110218
Source: Los Angeles Times
Friday, September 3, 2010
Watch out for H.E.A.T.
The HEAT strike teams are responsible for targeting and investigating healthcare fraud cases, something that the FBI and Department of Justice have not been able to handle on their own. Billions of dollars are currently being wasted due to fraudulent claims. The Obama Administration hopes that the success of HEAT will help to prevent and recover these claims, so that money can be better spent on improving quality and controlling costs for Medicare beneficiaries.
Source: Lexology (log-in required)
http://www.lexology.com/library/detail.aspx?g=d1c31f72-1a22-41dd-a1b6-84a7f2c46d61&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Lexology%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-09-03&utm_term
Monday, August 23, 2010
MSPs Should Be on the Lookout for ACOs
The Centers for Medicare & Medicaid Services (CMS) is working on draft regulations that will define what constitutes an ACO. The CMS-regulated ACO program is set to begin in 2012. Currently, there are some ACO models are emerging from Physician Group Practice organizations.
The purpose of the ACO program is to reward providers with higher reimbursement if they attain positive patient outcomes and are successful at promoting patient wellness. The idea is that it is more costly to reimburse providers for the treatment of illnesses; therefore, quality healthcare can be made more cost-efficient if they strive for the maintenance of patients' good health.
It will be interesting to see whether or not MSPs are asked to assist with monitoring "top performance goals" as part of the final ACO rules.
Source: BNA
Tuesday, August 17, 2010
Cynthia Grubbs, JD, RN Named New DPDB Director
In addition to her work with SRA and HRSA, Ms. Grubbs has worked as a staff attorney practicing in the medical malpractice and personal injury fields and has over 8 years of experience as a Registered Nurse.
Ms. Grubbs replaces Acting Director Mark Pincus, who will remain with HRSA.
Ms. Grubbs has been valuable in providing education to NAMSS' members on the NPDB. She presented a webinar on the NPDB's Section 1921 changes this past winter, and is scheduled to present at the NAMSS Annual Conference in October. NAMSS would like to congratulate Ms. Grubbs on her recent appointment.
Source: Health Resources and Services Administration (HRSA)
Monday, June 28, 2010
21 Percent Physician Pay Cut Delayed
The law cancels a 21 percent physician Medicare reimbursement cut that CMS began enforcing on June 18. The law also increases physician reimbursement by 2.2 percent through November.
The temporary increase is a sign that Congress still needs to take action to address the sustainable growth rate, which factors into the reimbursement rates. There have been estimates that the physician payment cut may reach as high as 30% by January if Congress does not find a long-term solution, or implement another "patch" when the reimbursement increase expires in November.
CMS will begin processing all claims at the new rate by July 1.
Source: BNA
Wednesday, March 31, 2010
Hospitals Eligible for Medical Resident Tax Refunds Filed before April 1, 2005
Prior to April 1, 2005, residents qualified for "student" status tax exemption for services performed "incident to and for the purpose of pursuing a course of study." However, this exemption did not apply to residents, who were considered "full-time employees," and they were subject to a a FICA employment tax on their wages. Several teaching hospitals had challenged their rejected claims in appellate court, with some courts granting the claims, and others siding with the IRS.
The current Treasury Regulations, which went into effect on April 1, 2005, treat medical residents as full-time employees subject to the FICA tax, and ineligible for refunds. The IRS' announcement states that those teaching hospitals that filed claims for their residents prior to the April 1, 2005 regulation will be contacted by the IRS with steps on how to obtain their refunds.
Source: Drinker Biddle & Reath LLP
http://www.drinkerbiddle.com/files/Publication/1c626356-c522-4ffe-bed5-03a1aa5f896a/Presentation/PublicationAttachment/0caefbae-ed4d-4832-bfaf-06ed5befb4d2/Medical_Residents.pdf
Wednesday, March 24, 2010
President Obama Signs Health Reform into Law
Although Congress has essentially completed health reform, there is still one more vote that can affect the final package. The Senate will vote on HR 4872, the House's reconciliation bill this week, which proposes amendments to HR 3590 to include some of the provisions that were included in the House's original proposal, but eliminated in the Senate bill that passed in the House on Sunday.
NAMSS has provided a summary of the major provisions included in the final health reform plan. Most of the changes affect changes to the payment system and do not have a direct impact on the daily work of MSPs. However, now that health reform has passed in Congress, there is still much work to be done by the federal agencies in order to put the rules and regulations of health reform into place. The quality-focused and workforce planning initiatives assigned to the Secretary of Health and Human Services could have an impact on the work of MSPs.
To read the summary, click here:
http://www.namss.org/Portals/0/Health%20Reform%20Summary.pdf
Thursday, February 4, 2010
Report Calls for Improved Oversight over Credentialing and Privileging in VA Medical Centers
The report shows that staff at the VAMCs studied were inconsistent in meeting credentialing standards. Some of the issues highlighted in the report include: improper verification of state licensure, failure to document physician performance information, and the failure to detect malpractice information that was not disclosed by physicians.
The VA has accepted the findings of the GAO report and has already taken steps to implement improved policies and oversight over the credentialing and privileging processes. Some of these improvements include: updating the VetPro system by September 2012, working with state medical boards to see if they will provide additional information for credentialing and privileging purposes, and amending the current VA policy so that written verification is not required for states that provide information that can be verified online or over the phone.
To read the full report, click here:
http://www.gao.gov/new.items/d1026.pdf.
Thursday, January 28, 2010
NPDB Section 1921 Final Rule Published
The new rule expands the NPDB, allowing users to query sanctions against all licensed healthcare providers, including nurses, podiatrists, chiropractors, and psychologists.
The rule becomes effective March 1, 2010 and can be found here:
http://frwebgate6.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=692995415457+0+2+0&WAISaction=retrieve.
Source: Federal Register
Monday, January 25, 2010
Implementation of Section 1921
"Implementation of Section 1921 will expand the information contained in the National Practitioner Data Bank (NPDB) to include adverse licensure actions taken against all licensed healthcare practitioners and any negative actions or findings by State licensing agencies, peer review organizations, and private accreditation rganizations against all health care practitioners and entities.
This final rule increases the amount of information accessible to hospitals and other organizations through the NPDB. Under the final regulation, private sector (non-Federal) hospitals will now have access to adverse licensure actions taken against all licensed healthcare professionals such as nurses, podiatrists, chiropractors, and psychologists—not just physicians and dentists. At this time, only Federal hospitals have access to this information."
NAMSS will post the language of the Section 1921 regulation when it is published in the Federal Register this week.
Information on Section 1921 can be found here:
http://www.npdb-hipdb.hrsa.gov/.
Wednesday, October 28, 2009
Census Estimates Predict Doctor Shortage and Younger Workforce
Census estimates predict an increase of young physicians in the 25 - 34 year old age range, based on the number of current first-year residents. However, Census data also shows that the US may face a shortage of up to 200,000 active physicians by 2020, while the AMA Masterfile predicts only 100,000 fewer physicians.
Although the Census and AMA data do not provide a conclusive outlook on the possible physician shortage, we should start preparing just in case. Health reform is expected to increase patient intake as more people will have access to coverage and care. Also, incidents like the H1N1 pandemic have shown the need for a solid workforce as hospitals face higher admission rates.
Another interesting aspect of this article is the younger workforce that is expected over the next decade. As MSPs, we will still be charged with identifying competent and qualified providers, but it is our role in medical staff management that may see some changes. With many of the current physicians expected to retire in the coming years, it will be interesting to see how the new generation of doctors will step into the roles of medical staff leadership and governance.
Source: Medscape Medical News
http://www.medscape.com/viewarticle/710998
Wednesday, October 21, 2009
House Votes to Exempt Small Groups from FTC "Red Flag" Rules
The bill, H.R. 3763, exempts healthcare, legal, and accounting practices with 20 employees or less from "creditor" status under the rules. The "red flag" rules require creditors to implement programs and policies to monitor and combat identity theft by November 1.
The "red flag" rules faced opposition from several professional groups including the American Bar Association and American Medical Association. They felt that the FTC's broad definition of "creditor" included entities that were outside of the Congressional intent of the rules. Under this interpretation, healthcare providers are considered creditors since they defer payment of services until they are reimbursed through a patient's insurer.
Source: BNA
Friday, July 31, 2009
Update: FTC Delays Implementation of Red Flag Rule Until November 1, 2009
The FTC's announcement and guidance on the red flag rule can be found here:
http://www.ftc.gov/opa/2009/07/redflag.shtm
Source: Federal Trade Commission
Wednesday, July 29, 2009
FTC Red Flag Rules May Be Delayed Again
The American Medical Association, American Bar Association, and the National Retail Federation have filed complaints to the Federal Trade Commission (FTC), claiming that the red flag rules are meant for financial institutions such as banks and credit companies. The groups argue that the broad language of the rule has unintentionally placed other institutions under the policy. For example, hospitals would be considered creditors under the rule since they provide services and then defer payment until a patient pays a bill out of pocket, or insurance reimbursement is received.
The organizations have contacted the FTC and Congress to try and get a deadline extension, which would provide time to amend the policy to apply to only the intended institutions. If an extension is not granted, the American Bar Association intends to file a lawsuit against the FTC.
Source: BNA
Thursday, July 23, 2009
President Obama Pitches His Health Plan to the Nation
Obama stated that changes in the delivery of care must be made in order to save money, which will in turn, be used to fund health coverage for the uninsured. His proposals included better communication between hospitals and doctors so patients aren't receiving repetitive tests, use of less expensive drugs, and higher Medicare reimbursement rates for healthcare providers who spend more time with their patients. The bottom line of the President's plan is to ensure that all Americans have health coverage and receive quality, cost-effective care.
Even members of Obama's own party are skeptical about proposed plans. Moderate Blue Dog Democrats are countering Speaker Nancy Pelosi's (D-CA) claim that there are enough votes to pass the House's version of the bill. They claim that additional provisions need to be made to exempt small businesses from the requirement that all employers help pay for their employees' health coverage, and that there needs to be more language regarding offsets that will fund the government-run coverage option.
The Senate is also continuing negotiations on their version of the reform bill, with members of the Senate Finance Committee trying to figure out ways to raise revenue to fund the government health plan.
Sources: The Washington Post, CQ
Tuesday, July 7, 2009
Hospitals Agree to Contribute $155 Billion to Cover the Uninsured
By agreeing to the plan, which involved discussions with members of the Obama Administration and Senate Finance Committee, the hospital associations recognized that they will receive lower payments for services under Medicare and Medicaid and for services provided to the uninsured.
The agreement follows a similar revenue reduction agreement reached with pharmaceutical companies made two weeks ago.
To read the full article, click here:
http://www.washingtonpost.com/wp-dyn/content/article/2009/07/06/AR2009070604053.html?hpid=topnews
Source: The Washington Post