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One City Built to Last

The news is in: On November 7, 2014, the justices announced they would decide on a lawsuit claiming that the language of the Affordable Care Act doesn’t allow the government to provide tax-credits to low-and-moderate-income health insurance consumers using federally funded Obamacare exchanges operating in more than 30 states. Indeed, there’s a medical quagmire. And there is a lack of communication between doctors, staffing and patients. For example, the Affordable Care Act isn’t just about insurance coverage. The legislation is also about transforming the way health care is provided. In fact, it has brought in new competitors, services and business practices, which are in turn producing substantial industry shifts that affect all players along health care’s value chain. Read Amy Armstrongs story on page 16. On page 21, our reporter Judy Magness, profiles companies all over the country making incredible advances. Take a look at Functional Medicine and the driving breakthroughs in breast cancer while

The news is in: On November 7, 2014, the justices announced they would decide on a lawsuit claiming that the language of the Affordable Care Act doesn’t allow the government to provide tax-credits to low-and-moderate-income health insurance consumers using federally funded Obamacare exchanges operating in more than 30 states. Indeed, there’s a medical quagmire. And there is a lack of communication between doctors, staffing and patients. For example, the Affordable Care Act isn’t just about insurance coverage. The legislation is also about transforming the way health care is provided. In fact, it has brought in new competitors, services and business practices, which are in turn producing substantial industry shifts that affect all players along health care’s value chain. Read Amy Armstrongs story on page 16. On page 21, our reporter Judy Magness, profiles companies all over the country making incredible advances. Take a look at Functional Medicine and the driving breakthroughs in breast cancer while

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By exposing such massive variations in<br />

how doc<strong>to</strong>rs bill the nation's health program<br />

for seniors and the disabled, experts<br />

said, ProPublica's analysis shows Medicare<br />

could—and should—be doing far more <strong>to</strong><br />

use its own data <strong>to</strong> sniff out cost-inflating<br />

errors and fraud.<br />

"I think this is a smoking gun," said Dr.<br />

Robert Berenson, a former senior Medicare<br />

official who is now a fellow at the Urban<br />

Institute, a Washing<strong>to</strong>n, D.C., think tank.<br />

"Who's asleep at the switch here?"<br />

The Centers for Medicare and Medicaid<br />

Services, which runs Medicare, declined an<br />

interview request and said in a statement<br />

that it could not comment on ProPublica's<br />

analysis because it had not seen it.<br />

"CMS is working <strong>to</strong> ensure that physicians<br />

and health care providers appropriately<br />

bill" for office visits, part of a category<br />

known as evaluation and management<br />

(E&M) services, the agency said. "Some<br />

providers have sicker patients, thus are<br />

more likely <strong>to</strong> bill at E&M coding levels<br />

that carry higher payments. Every day we<br />

work with providers <strong>to</strong> make patient care<br />

the priority, and at the same time ensure<br />

they use E&M codes that reflect the level of<br />

service provided."<br />

The agency also said "it would be highly<br />

unusual for a provider <strong>to</strong> knowingly<br />

use the highest E&M billing code for all or<br />

nearly all of his or her outpatient visits."<br />

American Medical Association President<br />

Dr. Ardis Dee Hoven cautioned that billing<br />

data can be misleading without considering<br />

further details about doc<strong>to</strong>rs' practices.<br />

Even those who handle medical billing<br />

professionally sometimes disagree about<br />

the right way <strong>to</strong> classify a visit.<br />

Agomuoh, Im and Farhoomand insist<br />

that they treat older, sicker or more difficult<br />

patients than their peers. Agomuoh<br />

also suggested that the Medicare data contained<br />

errors; the agency stands behind it.<br />

Individually, office visits for established<br />

patients cost taxpayers little, ranging from<br />

an average of $14 for the simplest cases <strong>to</strong><br />

more than $100 for the most extensive. But<br />

collectively, they add up. Medicare shelled<br />

out more than $12 billion for them in 2012.<br />

Agomuoh received $174,000 for the visits<br />

he billed at the <strong>to</strong>p rate alone, tens of thousands<br />

of dollars more than he would have<br />

taken in if his charges were more in line<br />

with his peers'.<br />

In April, Medicare released data showing<br />

2012 payments for outpatient services,<br />

and for the first time specified how much<br />

money went <strong>to</strong> individual health provid-<br />

ers. Since then, most of the attention<br />

has focused on doc<strong>to</strong>rs who made the<br />

most from the program.<br />

Looking at raw numbers, though,<br />

can unfairly flag some doc<strong>to</strong>rs who<br />

have multiple providers billing under<br />

their IDs or who justifiably use expensive<br />

services. It can be more revealing<br />

<strong>to</strong> look at which procedures doc<strong>to</strong>rs are<br />

performing and how frequently, and<br />

how their billings compare with those<br />

of their peers.<br />

Office visits are a case in point. Doc<strong>to</strong>rs<br />

or their staffs determine how <strong>to</strong><br />

bill for a visit based on a variety of fac<strong>to</strong>rs,<br />

including the thoroughness of the<br />

review of a patient's medical his<strong>to</strong>ry,<br />

the comprehensiveness of the physical<br />

exam, and the complexity of medical<br />

decision-making involved. The AMA's<br />

coding system gives them five options.<br />

An uncomplicated visit, typically of<br />

short duration, should be coded a "1"; a<br />

visit that involves more intense examination<br />

and often consumes more time<br />

should be coded a "5." The most common<br />

code for visits is in the middle, a<br />

"3."<br />

ProPublica focused its analysis on the<br />

329,500 physicians and other providers<br />

who charged for at least 100 office visits<br />

for established patients. (Medicare<br />

did not release data on services that a<br />

provider performed on fewer than 11<br />

patients.)<br />

We found that while most providers<br />

had a tiny percentage of level 5 cases,<br />

more than 1,200 billed exclusively at<br />

the highest level. Another 600 did it<br />

more than 90 percent of the time. About<br />

20,000 health professionals billed only<br />

at levels 4 or 5.<br />

The AMA's Hoven warned that the<br />

data could reflect errors or attribute<br />

high-priced visits <strong>to</strong> one doc<strong>to</strong>r when<br />

the services were actually provided by<br />

another. Further, she said, because a<br />

growing number of seniors have multiple<br />

chronic conditions and complex<br />

medical his<strong>to</strong>ries, more level 4 or 5 office<br />

visits may be justified.<br />

But other health industry leaders<br />

called the billing patterns identified by<br />

our analysis troubling.<br />

"I can't see a situation where every<br />

visit would be a level 5, especially on<br />

an established patient," said Cyndee<br />

Wes<strong>to</strong>n, executive direc<strong>to</strong>r of the American<br />

Medical Billing Association, an industry<br />

trade group. "I was trying <strong>to</strong> talk<br />

THE SUIT MAGAZINE p.9

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