Mandatory Reading
May 4, 2012
Every day I work to help my clients provide better care at lower costs so that we can all make a decent living. I have no issue with making money in healthcare. In fact, I am proud to get paid for work that ultimately helps patients. There is no law against making money. That is not to say that there aren’t any laws that affect us. If it has not come to your attention that healthcare is a highly regulated industry, then you are probably not reading this. Finding the on/off button on the computer would require more observation skills than you have.
Just to be clear, let me clarify the following regarding Physician Face to Face Encounters in Home Health.
- The physician must write his or her own narrative. Alternatively, he may dictate it and his staff may type it. A qualified NPP may perform and document the encounter but the certifying physician must sign beside the NPP. Make no mistake, you are not a qualified NPP.
- The Face to Face encounter is a condition of payment. Failure to follow the conditions of payment may result in credible allegations of fraud. Fraud may result in large financial penalties or jail and a great deal of embarrassment.
- The encounter must occur within 90 days prior to admission or within 30 days post admission. This does not mean that you are committing fraud if the signed F2F is not on the chart within 30 days post admission. If you sent the form out with the initial plan of care that went out late, it is very possible that the F2F will not be on the chart at day 30.
- On the other hand, if a patient was NOT seen within the time frame, you should discharge the patient using the appropriate documentation (ABN) and let the patient know why. Be very certain that the patient was in fact seen by the MD if you choose to wait for it. Alternatively, you could get your careplans out on time.
- When my clients’ referral sources steer their referrals to the agencies that don’t make them worry about ‘all the bureaucratic paperwork bulls***’, a competitive edge is created against which ethical agencies cannot compete.
- If a physician signs said bureaucratic paperwork and a visit had not been made, you have found yourself an accomplice in fraud. Understand this. The Feds want you more than the doc because even the wealthiest docs don’t bill as much as a home health agency does and it is not a condition of payment for MDs.
- The right FBI agent will not disclose that to the doctor. Instead, the FBI will convince the MD that capital punishment is a very real possibility unless he or she rats you out. Consider that referral source who will sign anything you put in front of him or her a potential witness in your next fraud case.
- If being morally superior is not enough incentive for you to follow the rules, then consider that while most people get away with it, some do not. Those who do not will readily tell you that it is a good idea to follow the rules before you attract the attention of the Feds.
- If being morally superior is not enough and you are willing to take the chance of being on a federal radar, there is always the possibility that I personally will find out who you are. If that happens, you will wish you were caught by the FBI because I am not nearly so nice. Ask Bill Borne.
- Don’t mess with my clients. They are trying to survive by doing the right thing.
Chances are the people who circumvent the rules to make life easier for physicians and steer referrals away from your agency will never get caught. That’s the truth. Nobody has a policy or talks openly about it. Instead, bonuses and positions are contingent upon the amount of claims billed and so a real incentive to take shortcuts presents itself and pleading ignorance is a valid option. If a visit was made on the day documented on the F2F, it would be very difficult to prove that the MD didn’t write the narrative. So that leaves agencies with the choice of doing something that violates the conditions of payment and probably never getting caught or losing referrals. Are you starting to get why my mood has gone south?
I help a lot of people who have done things resulting in the appearance of fraud. I help people who have actually submitted fraudulent claims. I have not ever nor will I ever help anybody submit a fraudulent claim. I would like to tell you that it is because I am morally superior but the truth is, it just isn’t necessary to take even the smallest risk. Sick people will always be around and their will always be ways for us to improve care. In fact, if we did all that we were capable of, CMS and Congress would be at our doors asking us how we wanted our money – direct deposit or cashier’s check.
Do the right thing, y’all. I don’t like being angry. And remember, it is all about me.
Thanks AdvanceMed!
May 1, 2012
Still working a ZPIC so I am short on time to keep you up to speed. Luckily, AdvanceMed has done most of my blogging for me tonight. On a spreadsheet from the Zone, there is a column for the reasons for denial. Below are some examples. Read your charts and see if maybe one or more claims could be denied for the same reason. If the answer is yes, it isn’t too late to do something about it. Call us!
The documentation provided does not support that the skilled nurse visits are reasonable and necessary. The nurse continued to visit for observation and assessment when there were no acute changes in condition and no changes in the plan of care. There was no documentation of any complicating factors or inherent complex services that would require a skilled professional to be safely and effectively provided. There had been adequate time since start of care of XXXXX to have completed teaching in previous episodes. The medications: glimeperide, quinapril, atenol, and aspirin are indicated as new on the 485; however, there is no skilled service documented related to these medications.
The documentation provided does not support that skilled nurse visits are reasonable and necessary. The SN continued to visit for observation and assessment when there was no acute change in condition, no new orders, or change in the plan of care. There has been sufficient time since the start of care of xxxx to complete the teaching that was provided in this episode. The documentation provided does not support an exacerbation of the diagnoses as indicated per the 485. There was no documentation of any complicating factors or inherent complex services that would require a skilled professional to be safely and effectively provided. The documentation provided does not support an exacerbation of the diagnoses.
The skilled nurse continued to visit for observation and assessment of patient’s condition when there was no acute change in condition, and no new orders or change in the treatment plan. There was no documentation of any complicating factors or inherent complex services that would require a skilled professional to be safely and effectively provided. The documentation does not indicate that there is likelihood of a change in patient’s condition that requires skilled nursing personnel to identify and evaluate the patient’s need for possible modification of treatment or initiation of additional medical procedures. The records provided do not support an exacerbation of the diagnoses as noted on the 485, or a severity rating of 4 for the arthropathy diagnosis. There has been sufficient time since start of care date of xxxxx to complete teaching.
The documentation provided does not support that the skilled nurse visits are reasonable and necessary. Sufficient time has been allowed to accomplish teaching in previous episodes since the start of care date of xxxx. The nurse provided teaching related to a medication that was not new or changed. The nurse continued to provide observation and assessment when there were no new orders or change in the plan of care. There was no documentation of any complicating factors or inherent complex services that would require a skilled professional to be safely and effectively provided.
The documentation provided does not support that the skilled nurse visits are reasonable and necessary. The skilled nurse provided teaching on hypertension, fall precautions, range of motion exercises to help joint pain and relieve pressure on bony areas, low sodium diet, taking all meds as ordered, and ways to keep BP down. There has been sufficient time since start of care of xxxx in which to have completed this teaching.
So, there you have it. What you are looking at represents about 2M dollars in denials.
Questions?
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OIG Reports 22% of Home Health Claims In Error
March 14, 2012
Homebound Status
February 28, 2012
Last week, I posted about two patients who were driving but otherwise met the homebound criteria. Your responses impressed me. Above all, I was glad to see very few cut and dry answers and responses both sides of the fence were very convincing. The best part was that it occurred to me that if you put that much thought into the answers, then maybe I wasn’t insane after all.
In order to be completely objective about it, I had to return to Chapter 7 of the Medicare Benefits Manual and review these patients compared to Medicare’s definition of Homebound. Here’s the heart of the matter cut and pasted from the manual but divided into two parts:
- However, the condition of these patients should be such that there exists a normal inability to leave home and, consequently, leaving home would require a considerable and taxing effort.
- If the patient does in fact leave the home, the patient may nevertheless be considered homebound if the absences from the home are infrequent or for periods of relatively short duration, or are attributable to the need to receive health care treatment.
So, both patients meet the first criterion. It is a considerable and taxing effort to leave the home. In fact, I meet that criterion. I live on the third floor and at least twice I week I forget something upstairs.
One patient definitely does not meet the second criterion. Parking at the lake does is not how the patient receives healthcare or treatment and apparently this occurs ‘regularly’.
Based on the information I posted which is all I have, we cannot tell how often patient number two leaves the home.
The regs specifically address non-medical absences later in the section. Again, this is cut and pasted directly from the manual:
However, occasional absences from the home for nonmedical purposes, e.g., an occasional trip to the barber, a walk around the block or a drive, attendance at a family reunion, funeral, graduation, or other infrequent or unique event would not necessitate a finding that the patient is not homebound if the absences are undertaken on an infrequent basis or are of relatively short duration and do not indicate that the patient has the capacity to obtain the health care provided outside rather than in the home.
Now, go read it again. How often is occasional? What is meant by ‘relatively short duration’ and ‘infrequent’. Steven Wright illustrates relativity even better than Einstein when he says that everywhere is within walking distance if you have the time.
Since Medicare offers no further clarification of these definitions, we have no choice but to use the most conservative definitions and therefore, neither of these patients are confined to the home. I was so happy with my readers that none of you were happy with just stating that they weren’t homebound. Neither am I.
My suggestion to my client with patient number 1 was that they go out and assess him and explain to him why he should not be cooped up in a car for hours at a time. Homebound status is the least of my concerns at the point of referral. That would come in later after I assessed his risk of blood clots, ulcers, etc. from immobility. If he was willing, my client through diligent nursing care and therapy could restore his functionality to the point that it would be safe again in the future. If he was willing to comply with a treatment plan that included diet and weight loss, he could improve his life to a level he had not experienced in years. These things are not known prior to assessment. In fact, it is often the non-verbal language that clues us into the sincerity of the patients’ desire to comply with a care plan.
The report I received on the second patient is that he had dementia. Dementia as a diagnosis used on home health plans of care is very poorly defined in my opinion. Patients with early memory loss who end up on Namenda with no diagnosis of Alzheimer’s are often put into the broad category of ‘dementia’. Dementia can mean mild confusion at times or flat out psychosis. Furthermore, patients will often come out of the hospital with a diagnosis of Dementia that is carried over to the home health chart. Often times, quite sane people lose it considerably in the hospital due to drugs, illness, unfamiliar environment, etc. and get right in the head again once home. (I am re-reading this before posting. My first inclination was to find clinical terms to replace ‘lose it considerably’ and ‘get right in the head’ but those of you who live in other states will need to know these terms should you ever decide to work in the South.)
Pretty much everyone was on target with their responses. If the patient only has mild memory loss, he may be able to drive but will get lost and end up on Crack Alley negotiating deals for those pretty little rocks. If he is beyond mild dementia, the police or elderly protective need to be contacted immediately. My experience with Elderly Protective Services or whatever they are called in your community is that their scope of usefulness varies widely between communities so choose carefully.
Sadly, sometimes we are best suited to be the bad guy. The kindest thing to do may involve being the one who is willing to go toe to toe with a patient until they surrender their car keys. I mean that figuratively, by the way. There are laws against assaulting patients. We cannot take keys from patients or steal them but we can be the ones who tell the patient that we are by law obligated to report dangerous situations. We can notify the physician and even help him draft a letter to the Department of Motor Vehicles. Remember, the life you save may be your child’s. And even though it is no fun, it really is okay if the occasional patient doesn’t like you because truly caring for them means making them angry.
This is what upset me and why I asked the question of you. These two patients were referred to two separate clients in two different communities 200 miles apart. In both instances, other agencies had refused these patients due to the fact that they were driving.
I am not at all impressed with those agencies. Either they are much better than us in their assessment skills because they were able to make that determination without seeing the patient or they were not able to think critically and assess patients as individuals. In nursing, there are very few black and white decisions. Our patients are people and they are all unique and deserve consideration in these grey areas. Even if an admit isn’t forthcoming after the initial assessment, as nurses we should look at all the assessment data and determine what is best for the patient. If they turn out not to qualify for Medicare home health, perhaps we could find an alternative. And no. Medicare doesn’t pay for that but that doesn’t mean we don’t benefit from taking care of our elderly.
And so on……
Revalidation
February 7, 2012
Everyone needs validation sometimes. I especially like it when my parking gets validated. Some people need their feelings validated. My driver’s license could use a little revalidation since it has expired and everyone loves a valid credit card. Medicare has also jumped on the validation bandwagon with a new requirement for revalidation 855a’s.
Raise your hand if you have no earthly idea what I am talking about. Good. You can quit reading now unless you own an agency or serve in a managing role. This includes the DON, CFO, Administrator, etc.
As some of you may have figured out by now, CMS has had a little issue with fraud and abuse over the past couple of years. Why just last week two more people in my little town of Baton Rouge were arrested. Many times, these ‘fraudsters’ as the FBI likes to call them, are not much more than shams. When the Feds go to arrest them, they aren’t even there.
So, in an effort to keep track of all their little contractors, CMS is now in the process of sending out letters to all providers asking for same information that would be provided for an agency enrolling as a provider. Furthermore, they are holding agencies to standards that may not have been in place when the agency was initially certified for Medicare.
This is not a complicated process. Any rocket scientist can figure it out. You just fill in the blanks and send it in. You have to pay first on the website. Some folks can even do it online. But if your organization is simple and the ownership structure is fairly normal, it is completely doable.
Here are some things to remember:
- Do not send in a revalidation 855 until you are asked. I have a list of all providers who have received a letter. If your mailman is as confused as mine, drop me an email or send me some chocolate and I will look you up.
- The ability of contractors to cross reference databases is phenomenal. If you have ever, even tangentially been associated with a person or provider who has been on Medicare’s naughty list, contact your healthcare attorney (or mine) prior to submission of the 855a to determine your risk. Failure to disclose something that Medicare deems relevant is the provider’s equivalent to cyanide.
- Go for perfection. All typos will be discovered and brought to your attention as though they were blatant attempts to commit fraud.
- Do not ignore your letter. This is not an option or a request from Medicare. If you fail to complete your revalidation 855a, you may very well find yourself unable to bill Medicare, Medicaid and a whole lot of other payor sources.
- Know the legal name of your agency. Don’t laugh. You would be surprised how many people do not know the legal name of their agency.
- If you are asked to sign a certification page and you do not own the agency, read it very, very carefully. You are signing that you are responsible for all activities within the agency and will ensure that they meet all Medicare Guidelines.
If you need help with your 855a, Alice Posseno, the quiet consultant at Haydel Consulting Services knows more about Medicare enrollment than anyone on the planet. I have no problems renting her out for your project.

