Understanding Your Non-Physician Practitioners. Healthcon Stacy Harper, JD, MHSA, CPC

Similar documents
601-Audit Plan for Medicare s Shared Visit Rule

Mid-Level Providers: What You Need to Know to Use Them Successfully in Your Practice

NP or PA as Billing Provider

1:35. NPP April Young Medical Consulting, LLC. Non-Physician Practitioner Coding and Billing. Disclaimer

Personally Providing Services Primary Care Exception Physicians AT Teaching Hospital

Advanced Evaluation and. AAPC Regional Conference Chicago 10/27/12

Jaci Johnson, CPC,CPMA,CEMC,CPC H,CPC I President, Practice Integrity, LLC Disclaimer

Incident to Billing. Incident-To. Charla Prillaman, CPC, CPCO, CPMA, CPC-I,CCC, CEMC, CHCO Breakout B4, Friday, 9/7/12

May Non-Physician Practitioner (NPP) Nurse Practitioners and Physician Assistants. Collaborating Together as a Team

See the Time chapter for complete instructions regarding how to code using time as the controlling E/M factor.

9/17/2018. Critical to Practices

PA P RT B NHIC, Corp.

Physician Assistant Reimbursement: Hot Topics

Shared and Incident To Billing of E/M Services in Radiation Oncology Updated November 2017

Compliant Documentation for Coding and Billing. Caren Swartz CPC,CPMA,CPC-H,CPC-I

PECULIARITIES OF BILLING AND CODING IN LTC OCTOBER 14, 2011

FQHC Behavioral Health Clinical Network Retreat

AHLA. O. Stark and Reimbursement: A Deeper Dive to Debunk the Myths. Alice G. Gosfield Alice G. Gosfield & Associates PC Philadelphia, PA

Effective and Compliant Utilization of Nurse Practitioners and Physician Assistants

ALABAMA~STATUTE. Code of Alabama et seq. DATE Enacted Alabama Board of Medical Examiners

The New Medicare DME Face-To- Face Rule: What Referral Sources Need to Know

All ten digits are required when filing a claim.

Time-Based Coding. Agenda. AMA Time Rule Physical Medicine Services Anesthesia Evaluation and Management Services Mental Health Services 2016 Changes

Payment Policy: High Complexity Medical Decision-Making Reference Number: CC.PP.051 Product Types: ALL

Critical Care What Makes this so Difficult

Modifiers 80, 81, 82, and AS - Assistant At Surgery

Basic Teaching Physician Presence and Documentation

Responsibility and Liability of Compliance Officer

Electronic Health Records - Advantages and Pitfalls of Documentation

Are they coming to get you! Todd Thomas, CCS-P

Benefit Criteria for Outpatient Observation Services to Change for Texas Medicaid

Presented for the AAPC National Conference April 4, 2011

Documentation Guidelines. Medication Therapy Management (MTM)

Retail Clinics in Healthcare: Overcoming Complex Legal Challenges

19/09/2017. Telehealth Legal and Regulatory Issues in Colorado and Beyond. Nathaniel Lacktman, October 2017

Cruising Through Key Legal Compliance Issues in Telemedicine

Reimbursement Update MAPA Tricia Marriott, PA-C, MPAS, DFAAPA AAPA Director of Reimbursement on Twitter

Supervising Residents: A Primer for Community Preceptors

Global Surgery Package

UCLA Medical Sciences Compliance and Privacy Office 2010

Supervising Residents: A Primer for Community Preceptors

*OB/Gyn. Hospital Billing. April 2, 2014 Erika Bloomquist, CPC

ABOUT FLORIDA MEDICAID

State of Connecticut REGULATION of. Department of Social Services. Payment of Behavioral Health Clinic Services

RECOVERY AUDIT CONTRACTORS

Responding to Today s Health Care Regulatory Environment

Provider Enrollment. August 2016

KANSAS MEDICAL ASSISTANCE PROGRAM. Fee-for-Service Provider Manual. Podiatry

Critical Access Hospitals & Compliance Programs. Gregory N. Etzel, Esq. B. Scott McBride, Esq. Health Industry Group Vinson & Elkins LLP

CONTRACT YEAR 2011 MEDICARE ADVANTAGE PRIVATE FEE-FOR-SERVICE PLAN MODEL TERMS AND CONDITIONS OF PAYMENT

FindACode.com Presents: Integrating NPP into E/M for Compliance and Quality Care. Excerpts from:

Stark, False Claims and Anti- Kickback Laws: Easy Ways to Stay Compliant with the Big Three in Healthcare

Alabama Rural Health Conference 03/25/2010

Medicare Information for Advanced Practice Registered Nurses, Anesthesiologist Assistants, and Physician Assistants

UniCare Professional Reimbursement Policy

Objectives. Observation: Exploring the MOON and Charge Capture. Aurora Health Care 10/11/2016

Non-Physician i Providers

Telehealth Legal and Compliance Issues. Nathaniel Lacktman, Anna Whites, Esq.

Providing and Billing Medicare for Chronic Care Management Services

Alert. Recognition of Advance Practice Registered Nurses by Michigan Statute. msms.org. April 2017

Provider-Based: What Is It?

Empire BlueCross BlueShield Professional Commercial Reimbursement Policy

Chapter 15. Medicare Advantage Compliance

Section: Administrative Subsection: None Date of Origin: 7/25/2011 Policy Number: RPM040 Last Updated: 10/4/2017 Last Reviewed: 10/11/2017

UConn Health Office of Clinical & Translational Research Standard Operating Procedures

A Unique Approach to Auditing the Primary Care Exception

A Unique Approach to Auditing the Primary Care Exception

TABLE OF CONTENTS. Therapy Services Provider Manual Table of Contents

RECENT DEVELOPMENTS 3/17/2015

Texas Tech University Health Sciences Center El Paso Billing Compliance Policy

Chronic Care Management. Sharon A. Shover, CPC, CEMC 2650 Eastpoint Parkway, Suite 300 Louisville, Kentucky

Compliance Workplan for Physician Practices

LESSONS LEARNED FROM THE PROBE AND EDUCATE AUDIT K. CHEYENNE SANTIAGO, RN

Anthem Blue Cross and Blue Shield Commercial Professional Reimbursement Policy

Ripped From the. PAs and NPs in the News

Disclaimer. The information in this presentation was current at

INSTITUTE ON MEDICARE/MEDICAID PAYMENT ISSUES MEDICARE CONDITIONS OF PARTICIPATION: WHAT IS YOUR GRADE?

Medicare Conditions for Coverage 2009 Crosswalk

9/25/2012 AGENDA. Set the Stage Monitoring versus Audit Identifying Risk Strategies related to an audit plan Corrective Action Plans Examples

2019 Evaluation and Management Coding Advisor. Advanced guidance on E/M code selection for traditional documentation systems

Anthem Blue Cross and Blue Shield Commercial Professional Reimbursement Policy

Evaluation and Management Auditing Back to the Basics. Objectives. Audit Start with the benchmarks CMS MEDPAR by specialty 4/22/2013

APP PRIVILEGES IN UROLOGY

Doris V. Branker, CPC, CPC-I, CEMC

INFORMATION ABOUT YOUR OXFORD COVERAGE REIMBURSEMENT PART I OXFORD HEALTH PLANS OXFORD HEALTH PLANS (NJ), INC.

I. LIVE INTERACTIVE TELEDERMATOLOGY

Courtesy of Mark F. Weiss

San Francisco Department of Public Health

ABOUT AHCA AND FLORIDA MEDICAID

As The Code Turns A Day In The Life Of A Code. Disclaimer. Objectives 9/13/2013

Are NPs and PAs Right for Your Practice?

NURSING FACILITIES: FRIENDS OR FOES? Marie C. Berliner Joy & Young, LLP Austin, Texas (512)

PerformCare Provider Network (MH Inpatient Psychiatric Providers) Scott Daubert, VP Operations

Medicare Noncoverage Notices

Delegation Oversight 2016 Audit Tool Credentialing and Recredentialing

KANSAS MEDICAL ASSISTANCE PROGRAM. Provider Manual. Podiatry

Providing and Billing Medicare for Chronic Care Management Services

Hospital Outpatient 1206(d) Clinics Legal Considerations Impacting Physicians

Review Process. Introduction. Reference materials. InterQual Procedures Criteria

Telemedicine. Important Information. Telemedicine 5/6/2016. Lauren Prew

Transcription:

Understanding Your Non-Physician Practitioners Healthcon 2017 Stacy Harper, JD, MHSA, CPC sharper@lathropgage.com

Disclaimer This presentation is for general education purposes only. The information contained in these materials and presented during the lecture or in response to your questions is not intended to be, and is not, legal advice or even particular business advice. The laws and regulations at issue in this lecture are open to interpretation. It is your responsibility to seek private counsel with your attorney to determine how these laws, regulations, policies discussed apply to your specific case before implementing the concepts addressed in this lecture. Attendance at this presentation should not be construed as creating an attorney-client relationship with the speaker, nor should the information presented be construed as legal advice. 2

Agenda Scope of Practice Medicare Coverage Direct Billing Orders for Services Incident To Diagnostic Tests Split-Shared Medicaid and Commercial Payers Discussion Scenarios 3

Scope of Practice Practitioner specific Based on state law May include Requirements for licensure (or absence of licensure) Types of services Collaborative practice or physician supervision Scope of prescribing, dispensing, or administering Service specific limitations or requirements Practice location limitations 4

AANP 2016 Nurse Practitioner State Practice Environment Source: AANP https://www.aanp.org/legislationregulation/state-legislation/statepractice-environment : State practice and licensure law provides for all nurse practitioners to evaluate patients, diagnose, order and interpret diagnostic tests, initiate and manage treatments including prescribe medications under the exclusive licensure authority of the state board of nursing. This is the model recommended by the Institute of Medicine and National Council of State Boards of Nursing. : State practice and licensure law reduces the ability of nurse practitioners to engage in at least one element of NP practice. State law requires a regulated collaborative agreement with an outside health discipline in order for the NP to provide patient care or limits the setting or scope of one or more elements of NP practice. : State practice and licensure law restricts the ability of a nurse practitioner to engage in at least one element of NP practice. State requires supervision, delegation, or teammanagement by an outside health discipline in order for the NP to provide patient care. 5

Consequences Licensure Discipline Usually triggered by quality of care concerns or patient complaint May involve discipline of the non-physician practitioner who exceeded his or her scope of practice In a collaborative practice/physician supervision state, it may also involve discipline of the supervising physician 6

Medicare Coverage Nurse Practitioner State license National Certification (or grandfathered in before 2003) Services are covered when the Nurse Practitioner: Is legally authorized to perform them in the State in which they are performed; Is not performing services that are otherwise excluded from coverage because of one of the statutory exclusions; and Performs them while working in collaboration with a physician. In the absence of State law governing collaboration, collaboration is a process in which a NP has a relationship with one or more physicians to deliver health care services. Such collaboration is to be evidenced by NP documenting the NP s scope of practice and indicating the relationships that they have with physicians to deal with issues outside their scope of practice. NPs must document this collaborative process with physicians. 7

Medicare Coverage Physician Assistant State License Accredited Program or National Certification Exam Services covered when the PA: Is authorized to perform the services in the state Performs services that are not statutorily excluded Performs services under the general supervision of a physician Furnishes services that are billed by the PA s employer 8

Medicare - Direct Payment Enrollment using the CMS 855I Physician Assistant must specify employer on the 855I for payment Nurse Practitioner can be paid directly or complete a 855R to reassign to another Medicare enrolled entity Reimbursed for services at 85% of the Medicare Physician Fee Schedule 9

Orders for Services Physician Assistants and Nurse Practitioners are generally permitted to order or certify most Medicare services Some services require periodic involvement of the physician for certification For the order or certification to be valid, it must be within the scope of practice for the Nurse Practitioner or Physician Assistant The Nurse Practitioner or Physician Assistant must be enrolled in Medicare or Opt Out of Medicare for the order to be valid 10

Case Example US v. Bradshaw, 9 th Circuit Court of Appeals, 2011 Physician assistant defendant prescribed medically unnecessary motorized wheelchairs Orders were transmitted using the UPIN of the supervising physician Physician was never on site and was not involved in the orders Delegation services agreement did not include ordering of wheelchairs Convicted of healthcare fraud 11

Medicare Incident To Physician Services Commonly furnished in a physician s office Integral part of the physician s personal in-office service Direct Supervision May be by the same physician who established the care plan May be by another physician in the same group practice 12

Medicare Incident To - continued Integral Part Service must be part of the patient s normal course of treatment Physician must personally perform the initial service Physician must remain actively involved in the course of treatment Direct Supervision Present in the office suite Available to render assistance, if necessary 13

Case Examples US v. Allen, 10 th Circuit Court of Appeals, 2004 APRN owned clinic Contracted in June to employ physician beginning in December Enrolled physician in Medicare effective July Billed APRN services as incident to under the physician from July to December Convicted of Medicare fraud Premier Urology Associates Self-disclosure to OIG Entered into settlement agreement for $266,882.13 Partially related to billing of PA services under a physician when incident to was not satisfied 14

Medicare - Diagnostic Tests Diagnostic Tests are categorized into one of three supervision categories: General Direct Personal The regulations specify PHYSICIAN supervision If authorized by state law, a Nurse Practitioner or Physician Assistant can personally perform diagnostic tests A Nurse Practitioner or Physician Assistant is not authorized to supervise a diagnostic test for Medicare purposes 15

Medicare Split/Shared Inpatient/Outpatient Hospital or Emergency Department Visit is split between the NPP and the physician Must be from the same group Each must have a face-to-face visit Either may bill for the service, but not both Can see patient at different times Each must document face-to-face and relevant portion of the visit 16

Medicare Split/Shared Documentation Documentation must substantiate the medical necessity of the shared/split visit; support the level of E/M code submitted, and the medical record should contain enough detail to allow a reviewer to: identify both providers link the physician notes to those of the NPP include legible signatures from both providers confirm that the physician and the NPP both saw the patient face-to-face include legible/electronic signature Guidance from CGS Medicare 17

Medicare Split/Shared Documentation Examples of insufficient documentation: "I have personally seen and examined the patient independently, reviewed the PA's History, exam and MDM and agree with the assessment and plan as written" signed by the physician "Patient seen" signed by the physician "Seen and examined" signed by the physician "Seen and examined and agree with above (or agree with plan)" signed by the physician "As above" signed by the physician Documentation by the NPP stating "The patient was seen and examined by myself and Dr. X., who agrees with the plan" with a co-sign of the note by Dr. X 18

Case Examples Trinity Health Settlement 2010 Combined self-disclosure/whistleblower Settlement of $205,000 Billing of hospital services under physician when performed by NPP 19

Medicaid and Commercial Payers Varies payer-to-payer Some follow Medicare rules Some always enroll non-physician practitioners and always pay directly with no recognition of incident to Some never enroll non-physician practitioners and always pay incident to Some have their own rules 20

Scenarios for Discussion Dr. Smith sees a patient for a new diagnosis of diabetes and establishes a treatment plan and asks the patient to follow up in one month. Two weeks later the patient gets an upper respiratory infection and sees the nurse practitioner. Can the nurse practitioner bill incident to? 21

Scenarios for Discussion Your office practice incorporates non-physician practitioners who frequently provide follow up care and bill incident to. The local hospital is buying the practice and will be converting the office to an outpatient department of the hospital. How might this change impact your billing practices? 22

Scenarios for Discussion A nurse practitioner rounds on a hospital patient to provide care for an urgent issue at 2am. The nurse practitioner documents the services he provides. At 9am the attending physician rounds on the patient and documents his service. Can the physician use the documentation of the nurse practitioner in determining the level of service? 23

Scenarios for Discussion A physician assistant provides an office visit to a patient as part of a plan of care established by Dr. Jones. Dr. Jones is on vacation the day of the service. Dr. Jones partner, Dr. White is in the office performing an office-based surgery on another patient at the time of the visit. Can the physician assistant bill incident to? 24

Stacy Harper, JD, MHSA, CPC Lathrop & Gage LLP (913) 451-5125 sharper@lathropgage.com 25