Rural Provider Types and Payment Models

Transcription

1 Rural Provider Types and Payment Models Emily Jane Cook, JD, MSPH McDermott Will & Emery LLP American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues Baltimore, MD March 28, McDermott Will & Emery. The following legal entities are collectively referred to as McDermott Will & Emery, McDermott" or the Firm : McDermott Will & Emery LLP, McDermott Will & Emery AARPI, McDermott Will & Emery Belgium LLP, McDermott Will & Emery Rechtsanwälte Steuerberater LLP, MWE Steuerberatungsgesellschaft mbh, McDermott Will & Emery Studio Legale Associato and McDermott Will & Emery UK LLP. These entities coordinate their activities through service agreements. McDermott has a strategic alliance with MWE China Law Offices, a separate law firm. This communication may be considered attorney advertising. Prior results do not guarantee a similar outcome. Overview What is Rural? Rural Provider Types Emerging Issues Expiring provisions Selected future studies On-going payment/reimbursement issues 1

2 What is Rural? Most Common Rural Definitions for Federal Healthcare Programs Outside of Metro Statistical Area ( non-msa ) (42 C.F.R (b)(ii)(C)) Office of Management and Budget ( In MSA, but treated as non-msa (Geographic Reclass) (42 C.F.R ) Goldsmith/Rural-Urban Commuting Area (ftp://ftp.hrsa.gov/ruralhealth/eligibility2005.pdf) State definition/designated Otherwise qualifies as Rural Referral Center/Sole Community Hospital Special rules for transition periods when Census/OMB designation changes Outside of urbanized area (42 C.F.R (c)) US Census Bureau ( Generally city and surrounding area of less than 50,000 Frontier definitions Less consistency or consensus Rural Provider Types Critical Access Hospital (CAH) Medicare Dependent Hospital (MDH) Rural Referral Center (RRC) Sole Community Hospital (SCH) Other rural provider payment provisions 2

3 Critical Access Hospital SSA 1820(c)(2)(b); 42 C.F.R , Medicare State Operations Manual (Pub )- Appendix W Approximately 1,300 (more than 25% of acute care hospitals) Eligibility Located in rural area (non-msa or treated as non-msa) More that 35 miles from closest hospital 15 miles if mountainous terrain/secondary roads Necessary provider option ended 12/31/ beds or less 24 emergency services (on-call or on-site) 96 hour or less average length of stay (excluding DPUs and swing beds) Critical Access Hospital Medicare Payment Cost plus 1% for most Medicare-covered services Includes on-call emergency room and clinical labs to CAH outpatients (and some other patients) Ambulance services (if no other ambulance provider within 35 miles) May qualify for cost-based CRNA pass-through payments 115% of fee schedule for services paid under physician fee schedule (must be eligible for and select Method II reimbursement) Distinct part units (rehab and psych) paid under applicable PPS Some states provide enhanced Medicaid payments 3

4 Medicare Dependent Hospital SSA 1886(d)(G)(iv); 42 C.F.R Medicare Claims Processing Manual (Pub )- Ch. 3, Approximately 220 (Approx. 18 MDH and RRC) Eligibility Located in rural area (non-msa or treated as non-msa) Less than 100 beds Not a Sole Community Hospital At least 60% of inpatient days or discharges were attributable to Medicare Part A stays during at least two of the last three most recent cost reporting periods Medicare Dependent Hospital Medicare Payment Payment designation is for inpatient only Payment at highest of: Federal rate (otherwise applicable IPPS rate); or Federal rate plus 75% of the difference between the Federal rate and the hospital-specific rate for: FY 1982; FY 1987; or FY 2002 Additional payments if drop in volume of 5% or more Not subject to Disproportionate Share Hospital (DSH) cap of 12% 4

5 Rural Referral Center SSA 1886(d)(5)(C); 42 C.F.R Medicare Claims Processing Manual (Pub )- Ch. 3, Approximately 310 Approx. 120 both RRC and SCH Approx. 18 both RRC and MDH Rural Referral Center Eligibility Three Options Option 1: Located outside of an MSA or reclassified as rural under or more beds Option 2: At least 50 percent of Medicare patients are referred from other hospitals or from physicians not on the staff of the hospital; At least 60 percent of Medicare patients live more than 25 miles from the hospital; and At least 60 percent of all the services furnished to Medicare beneficiaries are furnished to beneficiaries who live more than 25 miles from the hospital 5

6 Rural Referral Center Option 3: Located outside of an MSA or reclassified as rural under ; Case mix equal to or greater than the national case-mix index value or the median case-mix index value for urban hospitals located in the hospital s region; At least 5,000 discharges or the median number of discharges for urban hospitals located the hospital s region (3,000 discharges for osteopathic hospitals); and At least one of the following: More than 50 percent of the hospital's active medical staff are specialists who meet one of the following conditions: Certified as specialists by one of the Member Boards of the American Board of Medical Specialties or the Advisory Board of Osteopathic Specialists; Have completed the current training requirements for admission to the certification examination of one of the Member Boards of the American Board of Medical Specialties or the Advisory Board of Osteopathic Specialists; or Have successfully completed a residency program in a medical specialty accredited by the Accreditation Council of Graduate Medical Education or the American Osteopathic Association At least 60 percent of all its discharges are for inpatients who reside more than 25 miles from the hospital; or At least 40 percent of all inpatients treated at the hospital are referred from other hospitals or from physicians not on the hospital's staff Rural Referral Center Medicare Payment Not subject to DSH cap of 12% Do not have to meet proximity or wage requirements for geographic reclassification 6

7 Sole Community Hospital SSA 1886(d)(5)(D)(iii); 42 C.F.R (a) Medicare Claims Processing Manual (Pub )- Ch. 3, Approximately 440 Approx. 120 SCH and RRC Sole Community Hospital Eligibility More than 35 miles from other like hospitals Located outside of an MSA or reclassified as rural under and meets one of the following criteria: miles from other like hospitals (short-term, acute care hospitals, excluding CAHs) and meets one of the following criteria: No more than 25% of residents of the hospital s service area who become hospital inpatients or no more than 25% of Medicare beneficiaries in the service area (lowest number of zip code from which the hospital draws 75% of its patients) who become hospital inpatients are admitted to other like hospitals located within a 35-mile radius of the hospital (or within the service area, if the service area is larger than a 35-mile radius); Less than 50 beds and the hospital s MAC certifies that the hospital would have met the criteria above if some beneficiaries or residents were not forced to seek care outside the service area due to the unavailability of necessary specialty services at the hospital; or Because of local topography or periods of prolonged severe weather conditions, the other like hospitals are inaccessible for at least 30 days in each 2 out of 3 years miles from other like hospitals, but because of local topography or periods of prolonged severe weather conditions, the other like hospitals are inaccessible for at least 30 days in each 2 out of 3 years. Because of distance, posted speed limits, and predictable weather conditions, the travel time between the hospital and the nearest like hospital is at least 45 minutes. 7

8 Sole Community Hospital Inpatient payment at higher of: Otherwise applicable rate under IPPS ( Federal rate ); or Updated hospital-specific rate based on cost per discharge from: FY 1982; FY 1987; FY 1996; or FY 2006 Eligible for additional payments if decrease in volume 5% Eligible for outpatient hold-harmless payments (if 100 or fewer beds) DSH capped at 12% Do not have to meet proximity requirements for geographic reclassification Selected Other Payment Provisions Swing Beds (SSA 1883; 42 C.F.R , 485.(b)) Low Volume (SSA 1886(d)(12); 42 C.F.R ) Outpatient Hold Harmless (SSA 1833(t)(3)(7)(D); 42 C.F.R (d)) Physician Payments Work Geographic Adjustment floor (SSA 1848(e)(1)(E)) Practice Expense Frontier floor (SSA 1848(e)(1)(I); 42 C.F.R (c)) HPSA Bonus Payments (SSA 1833(m); 42 C.F.R ) 8

9 2012 Expiring Provisions Extender Provisions (H.R. 3630) Section 508 Reclassifications (March 31, 2012) Outpatient Hold Harmless (December 31, 2012) Expired for SCH > 100 beds Work Geographic Adjustment Floor (December 31, 2012) Ground and Air Ambulance Add-ons (December 31, 2012) Other Expiring Provisions Medicare Dependent Hospitals (October 1, 2012) Low Volume Hospital Adjustment (October 1, 2012) Cost Reimbursement for Clinical Labs (June 30, 2012) Selected Future Studies Rural Payment Adequacy, Access & Quality MedPAC- June 2012 Outpatient Hold Harmless HHS- July 1, 2012 Work Geographic Adjustment MedPAC- June 15, 2013 Ambulance Add-On GAO- October 1, 2012 MedPAC- June 15, 2013 Critical Access Hospital Value Based Purchasing (w/demo) GAO- TBD (18 months after 3-year demo) 9

10 Selected On-going Payment/Reimbursement Issues Every new opportunity creates new challenges Critical Access Hospitals President s 2013 Budget (Reduced mileage and reimbursement) Arrangements for on-call coverage Necessary Provider relocation Off-campus outpatient departments Hospice Rural Health Clinics Delayed regulations (since 2003) Supervision/Staffing Questions Emily Jane Cook, JD, MSPH McDermott Will & Emery LLP 2049 Century Park East, 38th Floor Los Angeles, CA ecook@mwe.com (310)