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<strong>Health</strong> <strong>Care</strong><br />

<strong>Collector</strong><br />

The professional’s guide to success in health care collection<br />

August 2010 • Vol. 24, No. 3<br />

JoAnn Petaschnick, Editor<br />

ABNs Present Problems<br />

for Providers<br />

Fix process or suffer losses<br />

T<br />

he<br />

Advance Beneficiary Notice (ABN) is<br />

meant to provide Medicare beneficiaries with<br />

advance notice of the possibility that a procedure<br />

or service may not be covered by Medicare. The<br />

revised ABN includes a mandatory field for cost estimates<br />

of the items or services at issue. There is also a<br />

beneficiary option whereby the beneficiary may choose<br />

to receive a service and pay for it out of pocket rather<br />

than submit a claim for Medicare coverage.<br />

For a patient to be held responsible for noncovered<br />

Medicare expenses, providers are required<br />

to have a signed and dated ABN in the patient’s<br />

file prior to any service provided by a physician or<br />

health care provider. The ABN must be delivered far<br />

enough in advance that the beneficiary has time to<br />

consider the options and make an informed choice.<br />

I NSIDE THIS ISSUE<br />

Days of Revenue in Medical Records Slides 3<br />

Biller’s Corner 5<br />

Medicare Advantage Appeal<br />

Process Flowchart 7<br />

Helping Patients Understand<br />

<strong>Health</strong> <strong>Care</strong> Costs 9<br />

Collection Tips and News 11<br />

Problems with Procedures<br />

For a variety of reasons, providers may have difficulty<br />

getting the ABNs signed up front by patients,<br />

which means that providers may face losses that are<br />

hard to recoup. The reasons can include the many<br />

points of access for patients and the lack of appropriate<br />

staff training, according to <strong>Health</strong> <strong>Care</strong> <strong>Collector</strong><br />

sources.<br />

“As is sometimes the case with billing issues, we have<br />

had our share of problems regarding the ABN,” says<br />

Jeffrey Shutak, Director of Patient Accounts for The<br />

Memorial Hospital in North Conway, New Hampshire.<br />

If an ABN is not signed, a patient cannot be billed,<br />

and this was creating problems, Shutak explains. “Due<br />

to heavy losses in the Oncology Department over the<br />

past two years, we initiated a strict policy regarding<br />

the issuance of ABNs. This policy was designed from<br />

the CMS guidelines regarding Medicare coverage and<br />

reimbursement for certain high-end costs, including<br />

chemotherapy drugs. Coverage for certain drugs was<br />

being denied because the patient did not meet the<br />

clinical requirements for those drugs. It is not our<br />

policy to refuse treatment, and we were absorbing<br />

the cost of these drugs, which is in the three to six<br />

thousand dollar range,” he says.<br />

Since implementation of the new ABN policy,<br />

losses in Oncology have all but disappeared, according<br />

to Shutak. “Once the patients began to talk to<br />

their primary care physicians, the doctors began to<br />

document more carefully and we used that documentation<br />

to better support the billing. We follow similar<br />

See ABNs Present Problems … page 4


PAGE2<br />

EDITORIAL<br />

ADVISORY BOARD<br />

Chris Becraft<br />

President<br />

Collection Service Bureau, Inc.<br />

Scottsdale, AZ<br />

Frederic W. Burr<br />

Attorney at <strong>Law</strong><br />

Senior Partner<br />

Burr & Reid, LLP<br />

Vestal, NY<br />

Kempton S. Smith, CPAM<br />

Director, Patient Financial<br />

Services<br />

Baptist <strong>Health</strong> System<br />

Pensacola, FL<br />

Ted M. Smith<br />

President<br />

<strong>Health</strong> Services Program<br />

ACA <strong>International</strong>, Inc.<br />

Minneapolis, MN<br />

Toni Shamblin<br />

Manager<br />

Summa <strong>Health</strong> System<br />

Accounts Receivable<br />

Cuyahoga Falls, OH<br />

Linda Thompson<br />

Business Officer Manager<br />

Mark Reed Hospital<br />

McCleary, WA<br />

Judy I. Veazie, CPAM<br />

Senior Consultant<br />

Forum <strong>Health</strong>care<br />

Portland, OR<br />

EDITOR’S PERSPECTIVE<br />

Dear Subscribers,<br />

As we usually do in the <strong>Health</strong> <strong>Care</strong><br />

<strong>Collector</strong> , we focus this month on some<br />

of the ways that hospitals can avoid losing<br />

the dollars that they having coming<br />

to them.<br />

Hospitals can<br />

lose money in a<br />

number of ways<br />

that are beyond<br />

their control,<br />

but some of<br />

them are at<br />

least partially<br />

controllable.<br />

Contacts in the industry have told<br />

us that they have had ongoing problems<br />

with writing off costs because<br />

of problems with their Advance<br />

Beneficiary Notice procedures. This<br />

can happen for more than one reason,<br />

as you likely know. One patient<br />

accounts director tells us how they<br />

were losing money due to write-offs<br />

and how they made changes to turn<br />

that around. We hope that you will<br />

find the story interesting and helpful.<br />

In the Biller’s Corner, Judy Veazie<br />

presents part two of her article about<br />

appealing Medicare Advantage plan<br />

denials. These plans cover more services<br />

than traditional Medicare and<br />

there are different rules for appealing<br />

claim denials. She explains the<br />

different appeals and how they work,<br />

including those that beneficiaries<br />

can make on their own or with the<br />

help of a provider.<br />

Included is a flowchart that shows<br />

in graphic detail how the appeal process<br />

should work. This should work<br />

for those of you who want to set up<br />

a procedure for your office, keeping<br />

in mind that those providers who are<br />

contracted with MA plans have no<br />

appeal rights (unless they are acting<br />

on behalf of a patient).<br />

Also in this month’s issue, we<br />

look at the amount of receivables<br />

delayed in Medical Records. It’s<br />

another common problem for<br />

hospitals and it can be tough to<br />

overcome. We get some advice<br />

from one of our editorial advisors<br />

about what providers can do about<br />

establishing a policy—including<br />

teaming with the policy medical<br />

staff in developing that policy—to<br />

make sure all coding is completed<br />

within a specific timeframe. Then,<br />

the specific delays can be tracked by<br />

physician.<br />

As always, we are looking for your<br />

comments about these topics. Let us<br />

know if these stories are helpful to<br />

you and your staff. If there’s a topic<br />

that you would like covered, please<br />

let us know. Please send your comments<br />

to me at jmpeta@aol.com.<br />

Best Regards,<br />

JoAnn Petaschnick, Editor<br />

AUGUST 2010<br />

HEALTH CARE COLLECTOR


Days of Revenue in Medical<br />

Records Slides<br />

Providers seek to fill gaps<br />

F<br />

or<br />

the third time in as many quarterly financial<br />

reporting periods, the average number<br />

of days of revenue in the Medical Records<br />

department fell. In the first quarter of 2010, the average<br />

number of days of revenue held up in Medical<br />

Records was reportedly 5.24. This was down from<br />

the fourth quarter 2009 figure of 6.39 days. And, the<br />

average number of days was also down a tad over the<br />

second (6.93 days) and third quarters (6.32 days). See<br />

Exhibit 1.<br />

Hospitals with 100 to 199 beds responding to the<br />

HARA Report on First Quarter 2010 survey indicated<br />

6.70 days of revenue in Medical Records. This was the<br />

highest figure reported in the first quarter. Hospitals<br />

with zero to 99 beds followed closely with 6.40 days.<br />

See Exhibit 2.<br />

Facilities with 200 to 399 beds reported only 4.00<br />

days, the lowest figure. And, the larger hospitals with<br />

400 to 699 beds were quite a bit higher at 5.61 days in<br />

Medical Records. See Exhibit 2.<br />

Reasons for Delays<br />

Obviously, patients’ accounts get bogged down in<br />

the cycle, but why? Industry consultant Steve Chrapla<br />

of Revenue Cycle Partners in Billings, Montana,<br />

provides some insight into the problem of Medical<br />

Records delays. He offers the following reasons why<br />

accounts are delayed:<br />

PAGE3<br />

Exhibit 1. Days Revenue in Medical Records—Last Four Quarters<br />

2nd Quarter 2009 3rd Quarter 2009 4th Quarter 2009 1st Quarter 2010<br />

6.93 days 6.32 6.39 5.24<br />

Source: HARA Report on First Quarter 2010 , vol. 24, no. 2, Aspen Publishers, Inc. (2010).<br />

Exhibit 2. Days Revenue in Medical Records—By Hospital Bed Size<br />

0–99 Beds 100–199 Beds 200–399 Beds 400–699 Beds 700+ Beds National Average<br />

Number of days 6.40 6.70 4.00 5.61 n/a 5.24<br />

Source: HARA Report on First Quarter 2010 , vol. 24, no. 2, Aspen Publishers, Inc. (2010).<br />

<strong>Health</strong> <strong>Care</strong><br />

<strong>Collector</strong><br />

© 2010 Aspen Publishers.<br />

All Rights Reserved.<br />

Editorial Inquiries:<br />

JoAnn Petaschnick<br />

Phone: 414/545-1150<br />

Fax: 414/545-1255<br />

Email: jmpeta@aol.com<br />

To subscribe:<br />

call 800/638-8437<br />

For customer service:<br />

call 800/234-1660<br />

Publisher<br />

Paul Gibson<br />

Senior Managing<br />

Editor<br />

Joanne Mitchell-<br />

George<br />

Managing Editor<br />

Elizabeth Venturo<br />

Marketing Director<br />

Dom Cervi<br />

<strong>Health</strong> <strong>Care</strong> <strong>Collector</strong><br />

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HEALTH CARE COLLECTOR AUGUST 2010


PAGE4<br />

1. Physicians don’t sign attestations on Medicare<br />

accounts or provide the documentation necessary<br />

for coding; and<br />

2. Coding is not completed in a timely fashion. This<br />

is usually the major reason for delays since coding<br />

can sometimes be done with the information in<br />

the record prior to discharge.<br />

“In addition, there is usually a suspense period<br />

for late charges, from two to five days depending<br />

on facilities. But this is often included as part of the<br />

delay,” Chrapla explains.<br />

How to Prevent Delays<br />

Hospitals can prevent or at least combat the problem<br />

of revenue being held up in the Medical Records<br />

department, according to Chrapla. He recommends<br />

the following ideas to avoid late charges and Medical<br />

Record delays.<br />

Late Charges<br />

To prevent late charges the facility should:<br />

1. Establish policies indicating that late charges are<br />

not acceptable; all charges need to be posted<br />

within 24 hours of service;<br />

2. Establish controls and monitor sources and reasons<br />

for late charges;<br />

3. Develop corrective actions specific to each department<br />

to prevent late charges; and<br />

4. Reverse late charges against the revenue of the<br />

department that is causing the revenue delay.<br />

Medical Record Delays<br />

To prevent Medical Record delays the facility<br />

should:<br />

1. Establish policy (include medical staff in policy<br />

development) to make sure all coding is completed<br />

within a specific timeframe;<br />

2. Track reasons and type of delays by physician;<br />

3. Report to physicians and medical staff leadership<br />

about the physicians who are noncompliant with<br />

this policy;<br />

4. Monitor coding delays by account type and coder<br />

backlogs;<br />

5. Establish goals for daily coding performance;<br />

6. Ensure staffing levels of coders are sufficient.<br />

If not, get more resources and outsource if<br />

needed;<br />

7. Provide for flextime for coders and allow them to<br />

work remotely from home;<br />

8. Determine when concurrent coding can be done<br />

on inpatients;<br />

9. Ensure all outpatient procedures have codes<br />

prior to services being performed; and<br />

10. Evaluate what level of chart completion is required<br />

to allow coding to be performed. Workflow needs<br />

to be designed with coding as a priority. ■<br />

Reader’s Resource<br />

For more data and key indicators, see the HARA<br />

Report , published by Aspen Publishers, Inc. Call<br />

800-234-1660, or see www.aspenpublishers.com.<br />

AUGUST 2010<br />

ABNs Present Problems ...<br />

continued from page 1<br />

requirements in radiology and lab procedures. Our<br />

highest success rate in obtaining ABNs is for lab<br />

services,” he says. “Better case management and<br />

documentation has been key.”<br />

Working Toward Change<br />

Hospitals try to make sure that prior to providing<br />

services, the service is covered as a medical necessity,<br />

says Deborah E. Shapiro, President and CEO of WFS<br />

Services, Inc., in Secaucus, New Jersey. “Sometimes, they<br />

are wrong. For example, the severity of the diagnosis<br />

does not match a procedure that is performed. When<br />

Medicare denies the claim due to medical necessity or<br />

as a non-covered service and the patient has signed an<br />

ABN, the patient can be billed,” she says.<br />

Sometimes, patients will elect to have a noncovered<br />

service and they will understand that they<br />

have to pay for it. “For example, some new types of<br />

wound care with artificial skin are not covered by<br />

Medicare,” Shapiro says.<br />

Source of Problems<br />

“Problems can arise when claims are submitted<br />

and providers should have known that the<br />

HEALTH CARE COLLECTOR


PAGE5<br />

procedure was not covered. Procedures may not be<br />

properly investigated and screened prior to service<br />

in order to make sure that an ABN is signed,” says<br />

Stephen Chrapla, Director of Third Party Solutions<br />

for Revenue Cycle Partners, LLC, in Billings,<br />

Montana.<br />

“Claims should be also be checked prior to submission<br />

and, if the service is not covered by Medicare,<br />

the claim should not be submitted. The charge would<br />

have to be written off. If the claim is submitted, it<br />

could potentially be considered an abusive billing<br />

practice and subject to fines under Medicare Fraud<br />

and Abuse regulations,” Chrapla says.<br />

Shapiro concurs. “There is no ‘back end’ procedure<br />

for ABNs. If you have provided the service without<br />

the patient being informed or signing off on the<br />

charge, you may not bill. Anything other than that is<br />

called fraud,” she says.<br />

That is why getting the ABN signed during the registration<br />

process is so important. “What often creates<br />

a problem is not that the patients don’t sign, but that<br />

they sign and are not aware of having done so. During<br />

inpatient and outpatient registration, there are<br />

so many forms for people to sign; they may not really<br />

register having signed the ABN. Because ABNs are<br />

for Medicare patients, and the majority of Medicare<br />

patients are elderly, you may have a confusion factor<br />

anyway,” Shapiro says.<br />

The Appeal<br />

“If a patient has not signed an ABN or even if<br />

they have signed it but the hospital deems that the<br />

service should be covered, then they have to appeal<br />

Medicare’s decision to pay due to medical necessity,”<br />

Shapiro says. “Of course, the ABN cannot be signed<br />

after the fact when services have been rendered, but<br />

appeals can be made. Once the service is provided,<br />

the ABN is irrelevant in the appeal process,” she<br />

says.<br />

In the appeal process, the physicians are asked to<br />

provide additional diagnoses and information to get<br />

a service approved. “ABNs state that if the patient<br />

receives non-medically necessary and/or non-covered<br />

services, they are required to pay for the service. If<br />

they receive a service that Medicare deems not necessary,<br />

the provider might be able to end run the<br />

process by changing the diagnosis to something that<br />

Medicare will cover. This does not mean having<br />

the patient sign an ABN after the fact of service—it<br />

means changing the facts of service so that it would<br />

be covered,” Shapiro says.<br />

These appeals are very difficult and time consuming,<br />

Shapiro says. “The process requires coordination<br />

among the different departments, such as IT, registration,<br />

and patient accounts, so that future issues don’t<br />

arise. Because it is so difficult, some hospitals just<br />

write off the smaller amounts rather than take the<br />

time,” she says. ■<br />

Biller’s Corner<br />

Why You Need to Understand<br />

Medicare Appeals, Part II<br />

Medicare Advantage Plans<br />

Judy I. Veazie, CPAM<br />

A<br />

Medicare Advantage plan is a health coverage<br />

choice for Medicare beneficiaries<br />

besides traditional Medicare. Medicare<br />

Advantage plans, sometimes called “Part C” or “MA<br />

plans” are offered by private companies approved by<br />

Medicare. Through a bidding process, these private<br />

payers must submit plans and assurances that they<br />

can meet the established standards and rules for<br />

processing claims under the Medicare system. Under<br />

these rules, the Centers for Medicare & Medicaid<br />

Services (CMS) intend to reassure the beneficiary<br />

and the provider that they can count on fair treatment<br />

by the MA plans.<br />

When a beneficiary joins an MA plan, the plan<br />

assures that it will provide all Part A (hospital<br />

HEALTH CARE COLLECTOR AUGUST 2010


PAGE6<br />

AUGUST 2010<br />

insurance) and Part B (medical insurance) coverage<br />

to that beneficiary. MA plans must cover all<br />

the services that traditional Medicare covers except<br />

hospice care.<br />

The lure for many beneficiaries is the “advantage”<br />

that MA plans can offer extra coverage, such as<br />

vision, hearing, dental, and/or health and wellness<br />

programs. Almost all MA plans include Medicare<br />

prescription drug coverage. Because patients pay<br />

one monthly premium (in addition to their Part B<br />

premium), they often view the program as a simplified<br />

alternative requiring less paperwork.<br />

But MA plans bring an element of risk to the<br />

marketplace. These plans often seek to balance their<br />

risk by passing extra costs on to the provider and<br />

indirectly to the patient. Unlike traditional Medicare,<br />

MA plans add additional levels of authorizations and<br />

medical records requests that delay payment. In one<br />

survey, some providers reported that they can expect<br />

payment from Medicare within 25 days while MA<br />

plans take over 50 days to pay the same claim.<br />

While MA contractors will see cuts in premium<br />

levels from CMS, MA plans will remain a choice for<br />

beneficiaries under health care reform. Regardless of<br />

premium amounts, the contractors cannot cut core<br />

benefits to the beneficiaries. The risk for providers is<br />

that the MA plans will continue to balance their budgets<br />

by taking their “savings” from providers.<br />

Beneficiary Choice and Consequence<br />

Patients often think that an MA plan will administer<br />

their benefits while simplifying the paperwork.<br />

When patients choose an MA plan, they don’t factor<br />

into their decision the restrictive policies that exist<br />

under these plans. But CMS makes it very clear in<br />

their official beneficiary handbook, Medicare & You<br />

2010 , when they state:<br />

Medicare pays a fixed amount for your<br />

care every month. These companies follow<br />

the rules set by Medicare. However, each<br />

Medicare Advantage Plan can charge different<br />

out of pocket costs and have different<br />

rules for how you get services (like whether<br />

you need a referral to see a specialist or if<br />

you have to go to only doctors, facilities, or<br />

suppliers that belong to the plan). . . .<br />

If you get health care outside the plan’s network,<br />

you may have to pay the full cost. . . .<br />

Make sure you understand how a plan works<br />

before you join. Not all plans work the same<br />

way, so before you join, find out the plan’s<br />

rules, what your costs will be, and whether<br />

the plan will meet your needs. . . .<br />

It is important that you follow the plan’s<br />

rules, like getting prior approval for certain<br />

services when needed. . . .<br />

It is questionable how many patients have conducted<br />

a thorough review of their MA plan, and<br />

whether they fully understand that they have given<br />

up the flexibility of a full choice of providers. For<br />

more mobile beneficiaries, they may not realize the<br />

financial impact of seeking care outside their service<br />

area. This is often a big shock to patients who travel<br />

or who split their time between summer and winter<br />

homes. While emergent services are covered, the routine<br />

care is not. It falls upon the provider to inform<br />

patients that they may not be covered for the services<br />

they need.<br />

MA plans often seek to balance their<br />

risk by passing extra costs on to the<br />

provider and indirectly to the patient.<br />

When patients are unprepared for the additional<br />

responsibility they take on when they sign up for an<br />

MA plan, the provider must take an active role in<br />

advocating for their patients so that their patients get<br />

the most out of their benefits. Part of this is about<br />

educating the patient. If the patient was not fully<br />

informed about the risks and limits of the MA plan,<br />

the patient can request to un-enroll in the plan. In<br />

the Medicare & You 2010 handbook there are instructions<br />

for patients who are already in MA plans who<br />

need to switch to traditional Medicare.<br />

Risk Points<br />

Indeed, gaps in provider documentation have<br />

promoted the image that MA plan savings come<br />

from preventing what they deem to be unnecessary<br />

care. In most cases, despite these documentation<br />

gaps, the care follows the standard courses<br />

of treatment. However, much of the payer savings<br />

are recouped in other risk points. The provider<br />

is vulnerable in a number of areas and these are<br />

the very points that the MA plan claims processor<br />

exploits to gain profits. Some examples of these<br />

risk points are:<br />

• The point of service. Providers have difficulty identifying<br />

MA plan coverage vs. Medicare coverage,<br />

authorization requirements, notification requirements,<br />

and care management requirements.<br />

(Utilization review nurses and doctor intervention<br />

is needed to prevent gaps.)<br />

HEALTH CARE COLLECTOR


PAGE7<br />

Medicare Advantage Appeal Process Flowchart<br />

STANDARD<br />

EXPEDITED<br />

Pre-service: 14-day time limit<br />

Payment: 60-day time limit<br />

Pre-service: 72-hour time limit<br />

Payment requests cannot be expedited<br />

60 days to file 60 days to file<br />

<strong>Health</strong> Plan Reconsideration<br />

Pre-service: 30-day time limit<br />

Payment: 60-day time limit<br />

First-Level Appeal<br />

<strong>Health</strong> Plan Reconsideration<br />

72-hour time limit<br />

Payment requests cannot be expedited<br />

60 days to file Automatic IRE Review<br />

60 days to file<br />

(if plan upholds denial)<br />

IRE Reconsideration<br />

Pre-service: 30-day time limit<br />

Payment: 60-day time limit<br />

Second-Level Appeal<br />

IRE Reconsideration<br />

72-hour time limit<br />

Payment requests cannot be expedited<br />

60 days to file<br />

Third-Level Appeal<br />

Administrative <strong>Law</strong> Judge<br />

Office of Medicare Hearings and Appeals<br />

AIC over $120*<br />

No statutory time limit for processing<br />

60 days to file<br />

Fourth-Level Appeal<br />

Medicare Appeals Council<br />

No statutory time limit for processing<br />

60 days to file<br />

Fifth-Appeal Level<br />

Federal District Court<br />

AIC over $1,220*<br />

AIC = Amount in Controversy<br />

ALJ = Administrative <strong>Law</strong> Judge<br />

IRE = Independent Review Entity<br />

*The AIC requirement for an ALJ hearing in federal court is adjusted annually in<br />

accordance with the medical care component of the Consumer Price Index.<br />

• The billing rules process. MA payer staff has fragmented<br />

understanding of uniform billing (UB)<br />

rules and codes, and, thus, often falsely deny<br />

claims when they misread or fail to properly<br />

interpret the claim information provided by the<br />

UB codes.<br />

• Demands for additional information or records. MA payers<br />

request records and conduct medical review at<br />

double the rate of Medicare.<br />

MA payers are also known to reject claims based<br />

upon a “technical denial” at excessive rates compared<br />

HEALTH CARE COLLECTOR AUGUST 2010


PAGE8<br />

AUGUST 2010<br />

to traditional Medicare. These technical denials<br />

include medical necessity, DRG assignment, length of<br />

stay denials, pricing reviews, etc.<br />

MA Appeals<br />

As if CMS anticipated the potential abuse of the<br />

claims payment process, a solid appeal structure was<br />

established to offer recourse to damaged providers<br />

and concerned beneficiaries. Providers and patients<br />

should view the MA appeals process as a way to hold<br />

MA plans accountable, ensuring that good payers are<br />

rewarded for their investment in meeting expected<br />

standards and bad payers are driven out of the<br />

marketplace. Unless this occurs, the bad payers will<br />

unfairly benefit from their poor compliance with billing<br />

rules, enabling them to reap profits, even reduce<br />

premiums, to gain more market share. The appeals<br />

process is the best way to ensure fair trade practices<br />

among the MA payers.<br />

When patients are unprepared<br />

for the additional responsibility they<br />

take on when they sign up for an MA<br />

plan, the provider must take an active<br />

role in advocating for their patients<br />

so that their patients get the most<br />

out of their benefits.<br />

Providers may not be using the opportunity to<br />

appeal MA claim denials as extensively as they might.<br />

At a recent appeals workshop conducted by the<br />

American Association of <strong>Health</strong>care Administrative<br />

Management (AAHAM), Medicare consultant Diana<br />

Smithson outlined the options for appealing traditional<br />

Medicare and Medicaid Advantage plans. (The appeals<br />

process for traditional or original Medicare in discussed<br />

in the July 2010 issue of <strong>Health</strong> <strong>Care</strong> <strong>Collector</strong>. ) 1<br />

As Smithson outlined the steps to appeal claim<br />

denials and other payment barriers, I realized that<br />

the majority of the audience had not used their<br />

appeal options with Medicare or the MA plans. I<br />

asked my fellow audience members how many had<br />

successfully filed MA appeals. One audience member,<br />

Seattle’s Northwest Hospital Business Office Director,<br />

Janet Walthew, reported that she had a great appeal<br />

success rate. One reason for Janet’s success is her<br />

confidence in the appeals process, in part because<br />

she previously worked for an MA plan and she has an<br />

insider’s view of the process. She also understands the<br />

importance that CMS places on the appeals process<br />

to ensure balance in the marketplace.<br />

Beneficiary Appeals<br />

Medicare beneficiaries have appeal rights, too.<br />

When a beneficiary disagrees with a coverage or<br />

payment decision made by an MA plan, the beneficiary<br />

can appeal for a variety of reasons, which are<br />

explained in the Medicare & You 2010 handbook. In<br />

addition to fee-for-service denials, beneficiaries can<br />

also file appeals for:<br />

• Organization determinations to not authorize services.<br />

This can include, but is not limited to:<br />

— Specialist referrals;<br />

— Service denials; and<br />

— Refusal to authorize durable medical equipment<br />

(DME);<br />

• Out-of-area services that the MA plan does not<br />

consider urgent or emergent;<br />

• Non-authorized, out-of-network services that the<br />

MA plan does not consider emergent; and<br />

• Out-of-area dialysis services.<br />

CMS also provides recourse for patients who need<br />

assistance with an appeal. While contracted providers<br />

have no appeal rights, the appeal options for the<br />

beneficiary could include appointing the provider<br />

as a representative. Providers can secure a signature<br />

from the patient authorizing them to take their place<br />

in the appeal.<br />

Expedited Review<br />

A patient can also request a “fast appeal” under<br />

the Expedited Review process. If the patient is receiving<br />

Medicare services from a hospital, skilled nursing<br />

facility, home health agency, rehab facility, or<br />

hospice, and the patient thinks his or her Medicarecovered<br />

services are ending or ending too soon,<br />

the patient has the right to an immediate appeal<br />

response under the Expedited Review, process. With<br />

an Expedited Review, an independent reviewer,<br />

the Quality Improvement Organization (QIO), will<br />

decide if the services should continue.<br />

Editor’s Note: For an overview of both the MA<br />

Standard Appeal and the Expedited Appeal, see the<br />

Medicare Advantage Appeal Process Flowchart.<br />

Provider Appeals<br />

Providers contracted with an MA plan have no<br />

appeal rights, as mentioned, but non-contracted<br />

HEALTH CARE COLLECTOR


PAGE9<br />

providers may appeal. However, they must agree to<br />

waive payment if the appeal upholds the original<br />

decision. Providers start by asking for a “reopening.”<br />

Requested by the provider, the appeal can be<br />

based on a factor outside the provider’s controls that<br />

changes the perspective of the claim, such as late<br />

medical documentation or clerical errors. Appeals<br />

must be made within a year unless the provider can<br />

prove “good cause” for delay.<br />

Special Appeals Under LCD and NCD<br />

Local coverage decisions (LCDs) made by the<br />

Medicare administrative contractor can result in coverage<br />

or non-coverage in different localities. A littleknown<br />

option built into the LCD as well as national<br />

coverage determination (NCD) rules is that CMS<br />

allows for exceptions to the decisions that adversely<br />

impact patients in one US geographic region vs.<br />

another.<br />

For example, some procedures that are excluded<br />

for West Coast residents under LCDs are approved<br />

under East Coast LCDs. Thus, CMS allows for a<br />

patient to appeal this limitation. Appeal rights only<br />

apply to beneficiaries and are filed when an LCD or<br />

NCD is involved and the patient is adversely affected<br />

in accessing care.<br />

Indeed, there may be some common ground in the<br />

LCD and the recourse under expedited appeal cases.<br />

While appeals may be made to the CMS Regional or<br />

Central Office, it is acceptable to ask for congressional<br />

intervention in those cases where variances in local<br />

jurisdiction impact a beneficiary and his or her care.<br />

In the next Biller’s Corner, we will explore the<br />

anatomy of a Medicare Advantage appeal by examining<br />

some case studies and outcomes involving Seattle’s<br />

Northwest Hospital. Its Business Office Director, Janet<br />

Walthew, shares her tips for providers. ■<br />

Note<br />

1. Volume 24, no. 2, Aspen Publishers, Inc.<br />

About the Author<br />

Judy I. Veazie, CPAM, has over 30 years of experience<br />

in the health care industry. She has consulted<br />

extensively on revenue cycle management; she is an<br />

instructor in HIM and medical practice management,<br />

and a frequent speaker to professional organizations,<br />

as well as former editor of the <strong>Health</strong> <strong>Care</strong> Biller<br />

newsletter (Aspen Publishers, Inc.). Contact her at<br />

judyveazie@yahoo.com.<br />

Helping Patients Understand<br />

<strong>Health</strong> <strong>Care</strong> Costs<br />

Helen Osborne, M.Ed., OTR/L<br />

W<br />

illiam Shrank, MD, MSHS, knows a lot<br />

about health care costs, especially the<br />

copays (out-of-pocket expenses) that<br />

patients spend on prescription medications. Shrank<br />

is not only a practicing physician but also an instructor<br />

at Harvard Medical School and at the division<br />

of pharmacoepidemiology and pharmacoeconomics<br />

at Brigham and Women’s Hospital in Boston. As a<br />

researcher, Shrank looks at the big picture of health<br />

economics and studies how the cost of prescription<br />

medication affects physicians, pharmacists, and<br />

health care systems. And as a physician, he sees the<br />

more personal side of how out-of-pocket expenses<br />

can have an impact on a patient’s health.<br />

Shrank talks about a patient he is treating who has<br />

several chronic conditions. He has prescribed numerous<br />

medications for this patient but recently learned<br />

the patient does not always fill them. It turns out that<br />

the patient is on a fixed income and, despite having<br />

health insurance, must sometimes choose whether to<br />

pay for rent, food, or drugs. Shrank says that when<br />

faced with these choices, “drugs don’t always win.”<br />

The Value of Opportunity<br />

The situation Shrank describes is all too common<br />

in health care today. What is unusual is that Shrank<br />

and his patient talked about it. Once Shrank learned<br />

of the choices his patient had to make, he changed<br />

his patient’s prescriptions from nonpreferred drugs<br />

(with the highest copays) to less costly generic and<br />

preferred ones.<br />

While many providers agree it is important to talk<br />

about health care costs, they are not equally clear<br />

about whose job it is to do so. Shrank thinks that<br />

all health professionals can help. Below are suggestions<br />

he offers for ways to get started. Many of the<br />

HEALTH CARE COLLECTOR AUGUST 2010


PAGE10<br />

AUGUST 2010<br />

examples that follow apply to the cost of medication.<br />

But the principles are the same whether you are<br />

talking about transportation to and from the office,<br />

arranging daycare for an elderly parent, or participating<br />

in patient education programs. Patients often<br />

need to be encouraged to talk about health care<br />

costs. And when they do, it’s important to listen to<br />

their concerns and help them explore their options.<br />

Editor’s Note: As more hospitals are publishing<br />

information about the cost of their services, managers<br />

or employees working with patients in billing and collections<br />

are often called upon to talk to patients about<br />

the cost of services—and about their patients’ insurance<br />

coverage. Educating patients about billing and<br />

services are two big issues for the patient accounting<br />

staff. <strong>Health</strong> <strong>Care</strong> <strong>Collector</strong> editors believe that<br />

Osborne’s patient education/communication tips are<br />

valuable no matter what the topic.<br />

Ways to Approach Discussing <strong>Health</strong> <strong>Care</strong><br />

Costs with Patients<br />

Know the basics of health care costs. Almost every<br />

day, there seems to be new information about health<br />

care costs. It can be hard to keep up to date. Patients<br />

are likely to have an even more difficult time understanding<br />

the complexities of cost structures and payment<br />

options.<br />

It’s important to learn the basics of health care<br />

costs and then to teach this information to patients<br />

in ways they can understand. One example would be<br />

to explain drug formularies. As defined by Medicare<br />

Part D, this is “a list of prescription medications that a<br />

drug plan will pay for.” Most insurers offer three tiers<br />

within a formulary:<br />

• Generic (lowest cost);<br />

• Preferred (middle cost); and<br />

• Nonpreferred or brand name (highest cost)<br />

drugs.<br />

But just explaining drug formularies is not sufficient.<br />

You also need to teach patients that there<br />

can be several options within each tier as well as<br />

cost differences when purchasing prescriptions at<br />

the pharmacy or by mail. In my health plan, for<br />

example, a one-month supply of a generic drug<br />

costs $5 while a nonpreferred drug costs $40. When<br />

patients understand what is available to them when<br />

it comes to filling prescriptions, they can discuss cost<br />

saving options in the provider’s office and with the<br />

pharmacist.<br />

Open the Lines of Communication<br />

In most purchasing situations, buyers want to talk<br />

with sellers about ways to save money. Admittedly,<br />

health care transactions are more complex, but the<br />

principles remain the same—one party has to pay<br />

for services and goods rendered by the other. Shrank<br />

says there are a couple of reasons why patients and<br />

health care providers seldom have conversations<br />

about costs.<br />

For one thing, patients rarely initiate conversations<br />

about expenses. In part, Shrank says, this may<br />

be due to patients feeling embarrassed or ashamed<br />

about financial concerns. Time is also a factor. In<br />

a brief office visit, patients, like their doctors, are<br />

usually more concerned about diagnosing health<br />

problems than about talking about how they plan to<br />

pay for treatment.<br />

Likewise, physicians and other health care providers<br />

seldom start discussions about costs. In a recent<br />

survey, Shrank found that almost all physicians agree<br />

it is important that patients’ out-of-pocket costs be<br />

managed. But only about one third of physicians surveyed<br />

believe it is their job to do so.<br />

Physicians and nurses can help open lines of communication<br />

by routinely asking patients if they are<br />

taking their prescribed medications. This might be<br />

done when taking a patient’s health history or vital<br />

signs. If you ask, “Are you taking (x) medications?”<br />

and the patient says no, follow up with a question<br />

about why. If the answer has to do with money,<br />

encourage patients to ask about less costly options.<br />

Another example: In the instance of patients who<br />

may not have the financial resources to cover costs,<br />

but are embarrassed to mention it, financial counselors<br />

can bring up the issue.<br />

Use Plain Language<br />

Many health plans now mail patients letters about<br />

the cost of prescription drugs. These letters often<br />

include a statement along the lines of “You are currently<br />

charged (x) for this medication and there is a<br />

generic for (y) that will cost less.” Shrank knows of<br />

no research about the effectiveness of these letters<br />

and wonders, from a health-literacy perspective, how<br />

well this information is being communicated. You can<br />

help by offering to review the readability of these letters<br />

and advocating for them to be rewritten in plain<br />

language.<br />

Explore the Use of Technology<br />

Find out what tools there are that can help<br />

patients understand and get a handle on their health<br />

care costs. Once you learn about them, you can then<br />

HEALTH CARE COLLECTOR


PAGE11<br />

work with patients to make sure they know how to use<br />

them. One important step in this process would be to<br />

ask about access to the Internet:<br />

• Does the patient have Internet access at home?<br />

• Is there someone who can help the patient learn<br />

how to use the Internet if the patient doesn’t<br />

already know?<br />

• Can the patient go to the library to get online?<br />

Other tools patients might use include videos<br />

they can borrow from the library for exercise or<br />

diet instruction rather than pay fees to join a class.<br />

Instruction in how to join an email support group<br />

can save a patient the expense of transportation to<br />

meetings while at the same time providing access to<br />

a community of individuals who share the patient’s<br />

concerns.<br />

Editor’s Note: If your offi ce or hospital has<br />

a Web site, advise patients about it. Help them get<br />

signed up so they can take advantage by asking questions<br />

or making payments online.<br />

Consider the Human Costs<br />

Everyone agrees that it is expensive being a<br />

patient. A recent study looked at patients’ nonmedical<br />

costs at three phases of cancer care. These costs<br />

included time spent traveling to and from care, waiting<br />

for appointments, and receiving consultation<br />

from providers. They totaled hundreds to thousands<br />

of dollars per year. By talking with your patients about<br />

these costs, you can help them find ways to reduce<br />

those costs and relieve part of the stress involved in<br />

getting good health care. ■<br />

Reader’s Resource<br />

William Shrank, MD, MSHS, is an instructor at<br />

Harvard Medical School and at the division of<br />

pharmacoepidemiology and pharmacoeconomics<br />

at Brigham and Women’s Hospital in Boston. You<br />

can reach him by email at wshrank@partners.org.<br />

Source: Article reprinted with permission from<br />

the author and On Call Magazine and published<br />

by Boston.com/Monster , a division of Boston Globe<br />

Media. On Call is available online at http://www.<br />

boston.com/jobs/health care/oncall.<br />

Collection Tips and News<br />

Fine Tune Your Payer Collections Strategy<br />

How well do you know your payers? Start by developing<br />

a profile of each payer and identifying how<br />

each payer’s process works. Then, check it against<br />

your employees’ procedures for working with that<br />

payer. You may find that your employees use<br />

the same procedure from one payer to the next.<br />

But one process does not fit all payers. First,<br />

assess what your staff currently knows about the<br />

payer. What information and phone numbers do<br />

they have? To begin, a payer profile should include<br />

the names and phone numbers of the key payer<br />

contact staff, including:<br />

• Customer service;<br />

• Customer service supervisor and manager;<br />

• Claims department;<br />

• Claims department supervisor and manager;<br />

• Mailroom supervisor;<br />

• Medical review manager;<br />

• Medical officer;<br />

• Legal counsel;<br />

• Compliance officer;<br />

• UR manager;<br />

• Appeals manager;<br />

• Provider rep; and<br />

• Provider rep manager.<br />

Tip: Find out how much authority each<br />

provider rep has to resolve claims issue. If<br />

reps have no authority, you can move on to<br />

the next level.<br />

Source: Judy Veazie, CPAM.<br />

HEALTH CARE COLLECTOR AUGUST 2010


PAGE12<br />

When to Refer an Account to Collection<br />

Unless you are using a collection agency on an<br />

early out basis, it is typical to place an account with<br />

a collection agency or attorney 90 days after the<br />

invoice date if there has been no response from the<br />

debtor after routine statements and efforts to contact<br />

the debtor. The debtor’s silence may mean he<br />

or she doesn’t care or is unable to pay; but in either<br />

case, there is a problem. In any of the following<br />

situations, creditors may want to consider earlier<br />

placement with an agency:<br />

• Two or more broken promises of payment;<br />

• The debtor’s phone is disconnected or is now<br />

unlisted;<br />

• The debtor makes repeated requests for documentation,<br />

a common stall tactic;<br />

• The debtor claims he or she can’t pay and refuses<br />

to discuss a date for payment, or a payment<br />

schedule;<br />

• The debtor says he or she will take care of the<br />

account, but won’t commit to a payment plan; or<br />

• The debtor adopts a confrontational attitude<br />

or raises disputes regarding the account after a<br />

lengthy period of silence during routine billing.<br />

Consider these situations to be red flags that<br />

indicate potential problems with this patient. If<br />

your staff is limited, your collection agency or<br />

attorney may be better equipped to address these<br />

difficult situations.<br />

Question? Comment? Suggestion? Idea?<br />

Your ideas are outstanding and we want to<br />

know what you think. Please contact us via email at<br />

jmpeta@aol.com or fax at (414) 545-1150. If we use<br />

your story idea or tip, we’ll give you a gift! ■<br />

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