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Posts tagged ‘ZPIC’

Follow Up on Documentation Quiz

The documentation quiz was so much fun.  We must do it again soon!  I loved your responses.  I must admit, the bonus question about what would happen to the agency if ever they were ZPIC’d lacked originality most times.  The words ‘denial’ and ‘jail’ came up a lot.  Someone wrote that Medicare would be confused if they saw the documentation.  Another writer wanted to know how long the patient had been extinct if they were seeing a paleontologist.  Let me stop here and tell you that although I have looked and cannot find it written anywhere, it is my strongly held belief that Medicare does not pay claims on dead people.

My favorite was from a nurse who emailed me and wrote, “So, I spend a lot of time trying to teach nurses how to document.  I really don’t enjoy as much success as I would like but it isn’t for lack of trying.  If this sounds familiar, I plagiarized it.”  I love it when someone really understands my frustrations!

The one that almost made me score a 1 on M1610 was this one:

This am your bestest post I have ever seed. I am going to notify the paleontologist of the potential for increased humor if the examples are ingested topically first thing in the morning.

Now I have to go see my doctor for severe laughoutloud developed this morning!

Ahneeda

PS…You just can’t make this stuff up…have you thought about a book?

I would like to write a book someday but I love the blog and it will do for now.  Writing is solitary.  Blogging is like spending time with a bunch of nurses a couple of times a week.  I learn more from y’all than you will ever learn from me and I miss spending a lot of time with nurses the way I did at the hospital or the large organization down the street from me.  When I visit agencies, I am always mindful that I am on someone else’s clock so I try to stay focused on my task at hand.  Boring…….

I wanted to follow that post with examples of good documentation but I can’t.  Good documentation includes too much information that should not be published on the internet.  Plus, it occurs over the course of an episode and includes things like lab follow up, med changes in the computer, etc.  No single note is good.  If you don’t believe me, I will send you four perfect notes with the identical language in them for four consecutive weeks.

I had one response that read as follows:

I review charts daily for my organization.
I do believe the documentation you show above could be used for educational purposes, or as a reason for dismissal.
I do not, however, understand the sarcasm. These snippets were written by, supposedly, professional people.
I am embarrassed for them. How can they call themselves nurses? Their documentation portrays them as ignorant, and puts them at risk for lawsuits. Who would be crazy enough to defend them?
I am not sure remediation would prove beneficial to either the agency they work for or the patients they service.
Feeling pretty good about the charts I review now.

I do understand this response.  The sarcasm is a product of my sense of humor; nothing more and nothing less.  As far as who would be crazy enough to defend them, I can give you some names but you would have to remember that while an agency is rather pathetic in its performance it does not mean that everyone associated with the agency is ignorant and pathetic.

I personally have charted that Dr. Kevin DiBenedetto was at the bedside attempting to urinate.  X3.  Unsuccessful.  (The doctor did eventually intubate the patient successfully and a few hours later I was finally able to go to the bathroom.)  According to my documentation, I also gave a complete blood bath that surprisingly, the patient tolerated well.  Another time, Super Nurse here got a patient and walked with him outside the day AFTER he died.

The difference between my erroneous documentation and the stuff I posted is that somebody found these mistakes almost as soon as they were made.  My back was covered.  If I had been asked a year later about a home visit where I walked with a patient outside the day after he died, I wouldn’t have been able to legitimately and ethically correct the date.  If Medicare had discovered it, it might have been viewed as fraud.  I would hate to be questioned in a deposition about how it came to be that my patient tolerated a blood bath well.  (“I told you I was good.  Now do you believe me?”).

These charts I took screen clippings of were spread over the course of a year.  How does that happen?  How can such outrageous documentation be present in the clinical records and everyone is clueless?  I assure you that it is NOT a nursing problem.

The first thing that the respondent above wrote was, “I review charts daily for my organization”.  It is an expense to the organization that employs this nurse that is not directly revenue producing.  It is very difficult to quantify the amount of value she brings to the organization in a spreadsheet.  There is no formula that says if she does ten clinical record reviews, the agency will be ahead X number of dollars. In fact, this nurse may do a lot of work that actually identifies errors that result in lower payment to the agency.  So, it stands to reason that the organization cares about the integrity of its documentation, ethics and is sophisticated enough to recognize the value of risk reduction.  I hope they call me if they get a ZPIC letter.  I like winning.

The organization which employs the nurse is also concerned about the quality of care.   He or she did not leave a name so I don’t know what pronouns are appropriate but the organization employing this nurse has created a culture based upon the quality of care of the patients.  Even the best, most caring non-clinical person cannot set policy about patient care.  You don’t see nurses trying to handle billing and accounts payable and you shouldn’t see CFO’s making clinical decisions.

This nurse also wrote that she wasn’t sure that remediation would be beneficial to the nurses or the patients.  Medicare agreed with her.  They didn’t do anything drastic like take back the provider number.  They did something much more effective.  They stopped payment completely and now the agency is gone.

ZPIC 1 – Agency 0

Oh, by the way, if I didn’t have a sick and twisted sense of humor, I would not be able to do my job.  I would rather work at Taco Bell if I took this stuff too seriously.   But I apologize if I offended you.

Short and Sweet Documentation Quiz

So, I spend a lot of time trying to teach nurses how to document.  I really don’t enjoy as much success as I would like but it isn’t for lack of trying.

After reading charts from agencies chosen for ZPIC audits, I decided it would be easier to teach you how NOT to document.  Please understand that if you document like the examples in our little documentation quiz that I cannot help you.  The best lawyer in the world probably cant even help you except to maybe reduce your prison term.

Take the quiz.  I can’t wait to see your answers.

When You are a ZPIC Target

With 128 known targets in the Louisiana, South Texas area, it may just be possible that your agency becomes a target. If that happens, it is not the end of the world. Remember, nothing happens fast in the Medicare world.

Obviously, the first thing that must happen is that clinical records must be copied or preferably scanned into electronic format. If, like the providers I have dealt with, the investigation likely stems from excessive lengths of stay, the charts will be quite large. Furthermore, the contractor will ask for all records for a given patient even if there has been multiple admits and discharges. Expect clinical records to exceed 500 pages or longer.

The next thing that you need to remember is that there is a very high probability that 100 percent of your records will be denied initially. This is the case regardless of whether your records are pristine or a train wreck. ZPICs examine charts with the intention of finding fraud. Targets are not chosen randomly and without reason.

When you respond to the contractor explaining why your records should not be denied, you will get the same response.

So, now you have waited months for two rounds of reviews only to be told that you will have a one hundred percent overpayment extrapolated for 36 months. If you can afford to give back three years of revenue, then read no further and relax.

On the third round of review with an independent contractor, the results may be a little better. This is the first real chance of having anything positive go your way but it won’t be enough. Your overpayment may drop from 100 percent to 70 percent but that is still a pretty high number. And at this point in time, that number is sent to your fiscal intermediary so that recoupment can begin.

But wait! There’s more! You have sixty days to ask for a redetermination with the Fiscal Intermediary. While generous, it is also important to note that recoupment starts at day 41 so it is truly in your best interest to not take advantage of the FI’s generosity. Requests for redeterminations must be at the FI within 30 days to prevent immediate recoupment and suspension of payment. While your case is under redetermination at the Fiscal Intermediary, recoupment will be delayed.

If you were close to retirement age when you first received the notice from the ZPIC contractor, there is a pretty good chance you will be receiving retirement benefits by now. Chances are it has been a year or more and nothing is settled yet

When the Fiscal Intermediary finishes its redetermination, the recoupment process will begin. At this point, you need to have someone who is very comfortable with Administrative Law procedures and knows each of your patients inside and out. There is a strong possibility that the ALJ will turn over a significant number of denials and your ordeal is over. There is also a chance that he or she will stand behind the original determination.

There are two more levels of appeals after the ALJ ending up in district court where cases are usually resolved at a level that the provider can afford. By this time you are tired and exhausted but usually at least partially successful. You have also spent a good deal of money on lawyers and consultants although not nearly as much as Medicare was requesting.

All along this process there are steps that you should take that will improve your chances of a satisfactory outcome and protect against future investigations. A consultant experienced in pre and post overpayment reviews will be able to assist you in doing this and a good health care lawyer will be able to help you in the latter stages.

If you haven’t received a letter from a Zone Contractor yet, it doesn’t hurt to put yourself in a position to reduce the risk of receiving unwanted mail. Look closely at the risk factors published Monday and evaluate your agency’s performance. If you haven’t already done so, implement a compliance program that ensures that your entire staff is dedicated to compliance.

If you have any questions about any kind of pre or post payment audit, please feel free to contact us or leave a comment below.

ZPIC Targets

Home Health and Hospice, as well as other post acute care providers have been under scrutiny before and this current emergence of ZPIC activity certainly won’t be the last time we are under scrutiny. But, unlike Focused Medical Review or even RACs, ZPIC audits begin with the presumption that the provider has committed fraud.

For our purposes, we will define Medicare Fraud as billing for services that were not covered under Medicare. Thats all the ZPICs are looking at – Billing. CMS instructs the ZPICs to refer serious quality issues to the state agency or QIO. In other words they do not care if your supervisory visits are made timely or if you followed orders and frequency. In fact, you may have had a stellar state survey and still find yourself in ZPIC sights.

To determine your risk level, first check your length of stay data on the top right corner of your case mix report from Casper. If your numbers are much higher than the reference mean, you may find yourself under scrutiny. If your average case mix weight is closer to three than two you are similarly at risk. Usually, high case mix weights are a result of therapy so be cognizant of how many of your patients receive therapy – especially when the number of visits is consistently at threshold levels. Finally, a high number of diagnoses that add to HHRGs can be suspect. If all of your patients have DM, you had better be able to explain why.

Hospices are looked at also for excessive lengths of stay and diagnoses that are not ordinairily terminal.


If your agency does not fit any of these profiles, you are most likely safe. However, the ZPICs have a lot of freedom to look at who and what they want. Multiple complaints to the Benefit Integrity Unit or state agencies may also spur an audit.

And remember, the vast majority of agencies will never undergo a ZPIC audit. But should you find yourself in the ‘zone’ at least you will have a place to start damage control.

As always, I welcome your comments and shared experiences below. And you can always email me.

In the Zone

There are new kids in town and they aren’t very nice. Zone Program Integrity Contractors have made their presence known in Home Health in Louisiana. Our friends in TX and Florida have already met these folks. Now it is our turn.

So, what exactly is a ZPIC? The Zone Program Integrity Contractors are under contract with CMS to identify potential fraud and abuse using data from the National Health Claims database among other sources. Utilization patterns, error rates, diagnoses and high cost services are analyzed.

In Louisiana, the ZPIC contract has been awarded to AdvanceMed Corporation. AdvanceMed has also been awarded the contract for about half of the states. SafeGuard Services is the ZPIC contractor for Florida and Health Integrity is the contractor for Texas.

Why is it important that you know this? Because the letter that is sent to clients does not seem to be very important on the surface. Instead of saying, “Welcome to Hell,” on the fax cover sheet, it just goes on to address the administrator with some boring background stuff. You may get a faxed letter prior to receiving the certified one in the mail.

If you get one of these letters, don’t panic but don’t ignore it either. I assure you that neither of these options will produce the results that you want. The letter is the very beginning of a long, long process that will likely last for years. So, stay cool, warm up the copier and keep reading this week’s posts for further information. Meantime, stay on top of your incoming mail and faxes.

If you have any questions or want to share any ZPIC experience with readers, please feel free to leave a comment below. If you actually have a letter and feel like talking, call me. 225.253.4876.