Government Focus in Home Health

Similar documents
OIG Enforcement Actions and Physician Compliance

Federal Update Healthcare Fraud, Waste, and Abuse

Medicare Fraud & Abuse: Prevention, Detection, and Reporting ICN

Medicare Fraud Strike Force Teams Turn Up The HEAT. By Craig A. Conway, J.D., LL.M.

RECENT INVESTIGATION AND ENFORCEMENT TRENDS

Compliance Is Not a Policy Manual, It's a Process

2017 OIG Work Plan and Current Compliance Topics - Home Health and Hospice

HCCA South Central Regional Annual Conference November 21, 2014 Nashville, TN. Post Acute Provider Specific Sections from OIG Work Plans

A Unique Approach to Auditing the Primary Care Exception

A Unique Approach to Auditing the Primary Care Exception

Assessment. SMP Foundations Training Kit. Table of Contents

AVOIDING HEALTHCARE FRAUD AND ABUSE; Responsibility, Protection, Prevention

How to Overhaul your Internal Structure to be Prepared for the New Home Health CoPs. Program Objectives

Hospice House Network Inpatient Conference

Enforcement Trends and Compliance: Hospice and Home Health

Enforcement Trends and Compliance: Hospice and Home Health

THE PITFALLS OF CERTIFYING HOME HEALTH CARE

CCT Exam Study Manual Update for 2018

Defense Health Agency Program Integrity Office

Medicare, Medicaid, and Children's Health Insurance Programs: Announcement of

CORPORATE COMPLIANCE POLICY AUDIT & CROSSWALK WHERE ADDRESSED

United States Attorney Robert E. O'Neill Middle District of Florida. Tampa Orlando Jacksonville Fort Myers Ocala

FEDERAL AND NYS TARGETED RISK AREAS FOR HOME HEALTH AGENCIES AND COMPLIANCE STRATEGIES

Diane Meyer, CHC (650) Agenda

Pharmacy Compliance: Beyond Med Errors. Overview

2017 National Training Program

Hospice Program Integrity Recommendations

Anti-Fraud Plan Scripps Health Plan Services, Inc.

AHLA Medicare & Medicaid Institute

Florida Health Care Association 2013 Annual Conference

RECENT INVESTIGATION AND ENFORCEMENT TRENDS

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

Managed Care Fraud: Enforcement and Compliance HCCA Compliance Institute March 28, 2017

Combating Medicaid Fraud & Abuse NCSL New England Fiscal Leaders Meeting February 22, 2013

Fraud, Abuse, & Waste, Oh My! Developing an Effective Compliance Program

Medicare and Medicaid Audit Defense & Appeals: From RACs to ZPICs September 7, 2012 Skokie, IL

10/2/2015. Agenda. Medicare Compliance DOJ OIG Contractors 2016 OPPS Best Practices Physician buy-in Summary

ENFORCEMENT, COMPLIANCE, & LONG TERM CARE: HOME HEALTH, HOSPICE, & NURSING HOMES

Health Care Compliance Association 20 th Anniversary at the Compliance Institute. Health Care Fraud Is Getting Historic Levels of Attention

6/25/2013. Knowledge and Education. Objectives ZPIC, RAC and MAC Audits. After attending this presentation, the attendees will be able to :

The Department of Justice s Focus on Failure of Care Fraud Cases

Proposed Fraud & Abuse Rule Implementing ACA Provisions. Ivy Baer October 26, 2010

Highlights of Program Integrity Provisions Managed Care Delivery System Subcommittee June 9, 2011

The 8 th Annual NEHCC Conference and Trade Show

Medicare Advantage and Part D Compliance Training. 42 CFR Parts and

MEMORANDUM Texas Department of Human Services * Long Term Care/Policy

RECENT DEVELOPMENTS 3/17/2015

General Inpatient Level of Care: Managing Risks

The Department of Health and Human Services and The Department of Justice Health Care Fraud and Abuse Control Program Annual Report for Fiscal Year

The ins and outs of CDE 10 steps for addressing clinical documentation excellence

The Intersection of Compliance and Quality Health Care Compliance Association North Central Regional Annual Conference

DOJ's Health Care Enforcement Initiative Is Still Going Strong

822% Healthcare Fraud. Office of Medicaid Fraud and Abuse Control

Home Care and Hospice 2016: Compliance Focus For C- Level Executives

The HEAT Is On: Prepare Now for Enhanced Government Enforcement Efforts Presenters: Judy Waltz Cheryl Wagonhurst

Responding to Today s Health Care Regulatory Environment

CRCE Exam Study Manual Update for 2017

Medicare Advantage and Part D Fraud, Waste and Abuse Compliance Training 2015

Compliance Program Updated August 2017

Zone Program Integrity Program & Recovery Audit Contractors

DEPARTMENT OF HEALTH & HUMAN SERVICES OFFICE OF INSPECTOR GENERAL

Medicare Home Health Prospective Payment System

Topics. Overview of the Medicare Recovery Audit Contractor (RAC) Understanding Medicaid Integrity Contractor

FEDERAL PROSECUTIONS OF WORKERS COMPENSATION CLINICS

OIG s five-principle strategy combats health care fraud, waste, and abuse

On April 16, 2008, the Department. Draft Supplemental. Compliance Program Guidance for Nursing. Facilities

The OIG and Hospice in Nursing Facilities: Past, Present and Future

A Physician Led Comprehensive Coding Compliance Program: Datamining to Disciplinary Action Plans. Optimizing revenue from a compliance perspective

Agenda. National Landscape. Background. Optimizing revenue from a compliance perspective. Mitigate the risk: Data mining and coding audits

MYERS AND STAUFFER LC

Preventing Fraud and Abuse in Health Care

A Day in the Life of a Compliance Officer

Testimony Before the United States Senate Committee on Homeland Security and Governmental Affairs

SNF Compliance: What s at Stake?

Is your Home Health Agency ready for the Final Rule to the Conditions of Participation?

Home Health Market Overview

4/20/2015. NE Home Care & Hospice Conference: Strategic Preparation for Medicare Audits & Appeals. Today s Objectives. Background

November 16, Dear Dr. Berwick:

New in Current payment risks. Tips & strategies. Revenue Cycle: The Ca$h Connection. CPAs & ADVISORS

The OIG. What is the OIG

Riding Herd on Fraud, Waste and Abuse

1.Cultural & Linguistic Competence. 2.Model of Care for Special Needs Patients. 3.Combating Medicare Fraud, Waste and Abuse. Revised January 2017

The Bersin Member Experience:

Recover Health Training. Corporate Compliance Plan Code of Conduct Fraud & Abuse

Office of Inspector General. Vulnerabilities in the Medicare Hospice Program Affect Quality Care and Program Integrity: An OIG Portfolio

The Hospice/Nursing Home Partnership: How to do it Right! Background: Barrier vs. Collaboration

Medicare s Electronic Health Records Incentive Program- Overview

ARNOLD & PORTER UPDATE

NE Home Care Conference: Effective & Efficient Preparation for Medicare Audits & Appeals

Bridging the Gap to Data-Driven Decision-Making

A 12-Step Program to Better Compliance: A Practical Approach

CAUTION. Introduction

Medicare Home Health Prospective Payment System (HHPPS) Calendar Year (CY) 2013 Final Rule

Day 2, Morning Plenary 1 CMS and OIG Joint Briefing: Importance and Progress of Improved Background Screenings for Long Term Care

OIG Opines On Propriety Of ED On-Call Coverage Arrangements By Michael Paddock and Lauren Kim, Crowell & Moring LLP*

April, 2007 QUESTIONABLE PRACTICES BY HOSPICES AND NURSING HOMES UNDER HEALTH CARE FRAUD AND ABUSE RULES

National Policy Library Document

HITECH at a glance. Improve quality, safety, and efficiency and reduce health disparities Engage patients and families

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

The Intersection of Health Care Fraud and Patient Safety

Transcription:

Government Focus in Home Health November 8, 2011 Cheryl Golden Director Deloitte & Touche LLP

Contents Current Regulatory Focus in Home Health Government Programs HHS OIG Work Plan 2012 Auditing and Monitoring Programs in Home Health Key considerations Key risk areas RAC/Other government readiness 1

Current Regulatory Focus in Home Health Senate Finance Committee Last year, the Senate Finance Committee (SFC) reached out to for-profit home health care agencies, questioning the relationship between the number of home health therapy visits they provided and the Medicare reimbursement rate for those visits In September of 2011, the SFC prepared a 600+ page report on home health and the Medicare therapy threshold The report focused on the largest home health providers in the country and provided snippets of information from those companies that described how therapy payments were trending. Office of Inspector General CIA are on the rise for home health Recent settlements within the home health industry 2

Current Regulatory Focus in Home Health Department of Justice (DoJ) On September 7th, the DoJ announced the arrest of 91 defendants across the country charged with defrauding the Medicare program and allegedly submitting approximately $295 million in fraudulent Medicare claims This was the highest amount of false billings targeted in a single takedown since the Health Care Fraud Prevention and Enforcement Action Team (HEAT) was implemented One of these arrests was the owner of a healthcare referral business in Houston who was charged with recruiting Medicare beneficiaries in exchange for kickbacks for approximately 100 different home healthcare agencies 3

Government Programs Centers for Medicare & Medicaid Services (CMS) aid Fraud Prevention Initiative Through the Fraud Prevention Initiative CMS is working to ensure that correct payments are made to legitimate providers for covered appropriate and reasonable health care services The Affordable Care Act provides additional resources and tools to enable CMS to expand efforts to prevent and fight fraud, waste and abuse Zpics focus in home health includes: Unannounced site visits Unannounced interview of home health patients and their families Pre-payment and post-payment audits Suspension Medicare number revocation Referral for criminal investigation and prosecution 4

Government Programs (cont.) Health Care Fraud Prevention and Enforcement Action Team (HEAT) efforts are strong in home health In the Spring 2011 semi-annual report to Congress, OIG highlighted several cases where a case in Miami where the owner of medical clinic was sentenced to 60 months of incarceration and ordered to pay $9.8 million for his role in a Medicare fraud scheme for allegedly provided unnecessary prescriptions, plans of care and medical certifications to Miamiarea home health agencies in return for kickbacks and bribes More than 1,140 defendants have been charged to date who, cumulatively, have allegedly billed Medicare more than $2.9 billion in false claims No RAC Activity in home health as of October 7, 2011 Statement of Work for Recovery Audit Program specifically calls out home health agency as a provider type for audit CMS will conduct a minimum annual review to determine if the recovery audit contractor is reviewing all types of claims 5

HHS OIG Work Plan for 2012 HHS OIG Work plan for 2012 includes the following: Review home health agencies' OASIS data to identify payments for episodes for which the OASIS data were not submitted or it is not consistent with the OAISIS data electronically submitted to CMS Review Medicare claims that exhibited questionable activity Review Medicare claims to determine the extent to which they meet Medicare Coverage requirements. Review compliance with aspects of the home health PPS coverage requirements including (1) be homebound, (2) need intermittent skilled nursing care, physical therapy, speech therapy or occupational therapy, (3) be under care of physician, and (4) be under a plan of care that is established and periodically reviewed by a physician. 6

Key considerations that impact Auditing and Monitoring Programs in Home Health Factors that may impact Auditing and Monitoring Programs Size, geographic location and central or decentralized departments Resources within Compliance Departments as well as the infrastructure within the organization The roles other departments play in mitigating risk and collaborating in internal audits 7

Where is your process for auditing and monitoring? What is your audit methodology? What are your sampling units? Do you have policies and procedures that determine how often and when individuals are audited? How do you determine your focus for auditing and monitoring? Do you utilize data analytics and trending to determine focus areas? Do you work with other departments to guide your efforts? 8

Key Risk Areas Billing for Medically Unnecessary Services Billing for Services Not Actually Rendered Billing for Services for Patients who are not Homebound Disregard for Willing and Able Caregivers when Providing Services Overutilization of Therapy Services Manipulation of the Various Therapy Thresholds Length of Stay LUPAs High Case Mix Adequate Clinical Documentation Relationships with Potential Referral Sources HIPAA Risks Sales and Marketing Efforts and the Anti-Kickback Statute 9

Will you be Ready for RAC/Other Government requests? Have you flowed the process from front to back for state and federal requests for medical records or other information? Have you documented policy and processes to address both federal and state program audits the timelines and requirements are not the same! Do you keep a scorecard of requests and paybacks by program automated or otherwise? Do you utilize the learning's from these paybacks timely? 10

About Deloitte Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.com/about for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms. Please see www.deloitte.com/us/about for a detailed description of the legal structure of Deloitte LLP and its subsidiaries. Certain services may not be available to attest clients under the rules and regulations of public accounting. This publication contains general information only and Deloitte is not, by means of this publication, rendering accounting, business, financial, investment, legal, tax, or other professional advice or services. This publication is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional advisor. Deloitte shall not be responsible for any loss sustained by any person who relies on this publication. Member of Deloitte Touche Tohmatsu Limited