Anatomy of an Appeal. Fourth Medicare RAC Summit September 13-14, 14, 2010

Similar documents
RAC Preparation Checklist

SETTLEMENT CONFERENCE FACILITATION

How To Appeal and Win a Medicare Audit

Zone Program Integrity Contractors (ZPICs), 2013 TEXAS HEALTH CARE ASSOCIATION SUMMER MEETING

Medicare Claims Appeals: From Audit to OMHA

Medicare Audit and Appeals: Practical Advice on Preparing for and Responding to RAC, ZPIC, and MAC Audits. February 2012

CMS Audit Contractors

Medicare Claims Appeals Developments and Proposals for Expansion

Agenda. RAC Mission MAC s Medical Review MAC s Role in the RAC process Demand Letters and Collection Process Appeals Process Resources

Navigating ZPIC Audits: Challenges and Solutions for Health Care Providers

FREQUENTLY ASKED QUESTIONS

Current Payor Audit Mechanics and How to Defend Against Them. Role of Office of Inspector General in Federal Audits

Medicare Audit and Appeals: Practical Advice on Preparing for and Responding to RAC, ZPIC, and MAC Audits. February Overview

Auditing RACphobia. Lamon Willis, CPCO, CPC-I, CPC-H, CPC AHIMA-Approved ICD-10-CM/PCS Trainer Xerox Healthcare Consultant

Copyright 2009, National Academy of Ambulance Coding Unauthorized copying/distribution is strictly prohibited

RAC Jurisdictions D B. March 1, March 1, August 1, 2009

Defending Against Statistical Sampling and Extrapolation. April Anna M. Grizzle Bass, Berry & Sims PLC

DMEPOS Audit Trends. Understanding the DME Audit Landscape. They re All Watching Licensing You YOU

Prepared for state, metropolitan and regional hospital associations. Recovery Audit Contractor Program Update. May 28, 2009

Compliance. TODAY June Meet Lanny A. Breuer. Assistant Attorney General, Criminal Division, U.S. Department of Justice.

RACs and Beyond. Kristen Smith, MHA, PT. Peter Thomas, JD Ron Connelly, JD Christina Hughes, JD, MPH. Senior Consultant, Fleming-AOD.

RAC Appeals Settlement

AHLA. W. Responding to CMS Overpayment Demands: Legal, Statistical, and Clinical Defense Strategies

REGULATORY UPDATE 60 Day Repayment, Compliance, Appeals and CMS/OMHA Appeal- Reduction Strategies

Lessons Learned from the ALJ Experience

How to Prepare for and Respond to RAC Audits. Kathleen H. Drummy, Esq.

Agenda. Key Terms. How to Effectively Manage A Medicare Audit. Welcome. The Basics. ADR Process Appeals. Record Submission Process Questions & Closing

New ZPIC Medicare Audits: Are You Ready? Preparing for Heightened CMS Enforcement Against Fraud and Abuse

Medicare Program Integrity Manual

Palmetto GBA Demands to RHCs re Improper Payment of Medicare Advantage Plan Claims

Medicare Advantage Plans and Medicare Cost Plans: How to File a Complaint (Grievance or Appeal)

AHLA. RR. Part B Claims Substantive and Sampling. Lester J. Perling Broad and Cassel Fort Lauderdale, FL

October 10, th Annual Ambulatory Surgery Center Conference Improving Profitability and Business / Legal Issues

FHCA 2012 Annual Conference Hilton Hotel Orlando, FL. CE Session #22 ZPIC Audits

5/7/2013. CMS Part B Inpatient Rebilling Rules

ZPIC, RAC, HIPAA AUDITS IN LTC: ARE YOU READY?

Region [Region #] Recovery Audit Contractor (RAC) Date: [Request Date]

Third National Medicare RAC Summit

All the President s Men : Medicare Denials and Appeals

RAC Audits, Extrapolation and Defensive Strategies

Texas Vendor Drug Program Pharmacy Provider Procedure Manual

Implementation of Provider Enrollment Provisions in CMS-6028-FC

ReedSmith. Part B Inpatient Billing in Hospitals. Client Alert. Life Sciences Health Industry Group

The Part B Appeals Process

Murray State University Classification of Residency for Fee Assessment Purposes

Medicare Prescription Drug Coverage: How to File a Grievance, Request a Coverage Determination, or File an Appeal

IC Chapter 13. Provider Payment; General

Medical Ethics. Paul W. Kim, JD, MPH O B E R K A L E R

Anticipating Medicare's Alphabet Soup of Audit Contractors, Ranging from ZPICs and RACs to CERTs and MACs

The Centers for Medicare & Medicaid Services (CMS)

Medicare Program Integrity Primer: What the Government Can Do And How to Respond. AHLA Fraud & Compliance Forum October 2014

How to Submit an Appeal: The Redetermination Level

RACs to ZPICs. Program Integrity Audits and the Ever Increasing Burden on Healthcare Providers. April 22, 2015 Claire Owens, JD

Appeals and Grievances: What to Do if You Have Complaints About Your Part D Prescription Drug Benefits

MAXIMUS Federal Program of All-Inclusive Care for the Elderly (PACE) Organization Appeal Process Manual PACE Reconsideration Project

Medicare and Medicaid Audits Using Statistical Sampling and Extrapolation: Challenging Methods and Results

Social Security Reconsideration Appeals

Legal Basics: Medicare Parts A, B, & C. Georgia Burke, Directing Attorney Amber Christ, Senior Staff Attorney

AMERICAN BAR ASSOCIATION ADOPTED BY THE HOUSE OF DELEGATES August 11-12, 2003

E&M Utilization Analysis: Beyond Coding

AHLA. M. Surviving an Overpayment Demand Resulting from an Extrapolation of a High Error Rate in an Extremely Small Probe Sample

Recovery Audit Contractors The Beginning to Now and Overview RACs Challenged by Providers? A Recent OIG Report May Be Indicating Just That 1 CEU

OFFICE OF THE ASSIST ANT E RET ARY OF DEFENSE HEALTH AFFAIRS EAST ENTR T H PARKW Y A ROR, CO 800 I

E&M Utilization Analysis. Frank Cohen, MBB, MPA, Director, Analytics Doctors Management LLC, Knoxville, Tenn.

SOCIAL SECURITY DISABILITY (SSD)

Fundamentals and Practicalities of Identifying and Returning Overpayments

Compliance Issues: Self-Disclosure, RAC Audits and Red Flags

Recovery Audit Contractors (RACs) Reference Document Created by Elin Baklid-Kunz

Final IPPS 2015 AKA CMS 1607-F (Published in Federal Register on August 22, 2014)

Comprehensive Application of Predictive Modeling to Reduce Overpayments in Medicare and Medicaid

Medicare. Claim Review Programs: MR, NCCI Edits, MUEs, CERT, and RAC. Official CMS Information for Medicare Fee-For-Service Providers

Table of Contents. DME MAC Jurisdiction C Supplier Manual. Table of Contents. 1. Introduction

All Home and Community Based Services Waiver Providers. Subject: HCBS Waiver Audit Process, Recoupment, and Appeals

Medicare. What s the difference among Medicare Parts A, B, C, and D?

IS YOUR PRACTICE A GOVERNMENT TARGET? A BRIEF REVIEW OF THE AUDIT PROCESS WHAT IS AN AUDIT?

SHARP HEALTH PLAN MEDICARE ADVANTAGE POLICY AND PROCEDURE Product Line (check all that apply):

Regulation of Water Utility Rates and Service

Presenters. Sara Kay Wheeler. Kirk Dobbins Peachtree St., NE Atlanta, GA Phone: (404)

QSM Table of Contents

Workers Compensation Program Litigation Guidelines

SOCIAL SECURITY DISABILITY BENEFITS & SUPPLEMENTAL SECURITY BENEFITS. (understanding some of the ins and outs) I. DEFINING THE BENEFITS

MGMA Medicare Audits Fact Sheet

MMA Mandate: Medicare Contract Reform

Part B Rebilling When Part A Denied

THE MEDICARE RECOVERY AUDIT CONTRACTOR (RAC) PROGRAM: An Evaluation of the 3-Year Demonstration

Appeals Provider Manual - New Jersey 15

ABN Requirements, Updates and Challenges from the ALJ Ruling

Business Process Management for Government Helping Government Serve the People. MAXIMUS Federal Services RAC Summit December 5, 2013

Center for Medicaid and State Operations/Survey and Certification Group

Blueprint for a Successful Audit Strategy

Catalog of Services Medicare Compliance Services for Workers Compensation and Liability Claims

5. Recovery Auditors shall perform the necessary provider outreach to notify provider communities of the Recovery Auditor s purpose and direction.

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO * * * * * SETTLEMENT AGREEMENT ON IMPACTS OF TAX CUTS AND JOBS ACT

MEDICARE APPEALS ADJUDICATION DELAYS: IMPLICATIONS FOR HEALTHCARE PROVIDERS AND SUPPLIERS

THE MEDICARE R x DRUG LAW

Medicare Part A Quarterly Updates. Palmetto GBA JM A/B MAC Provider Outreach & Education September 13, 2017

Medicare Program Integrity Manual

APPEALS AND GRIEVANCES Section 6. Member Grievances / Complaints

Appeals for providers

WHAT IS AN AUDIT? IS YOUR PRACTICE A GOVERNMENT TARGET? An audit is a review of medical claims submitted to a government or private payer.

Transcription:

Anatomy of an Appeal Fourth Medicare RAC Summit September 13-14, 14, 2010 Andrew B. Wachler,, Esq. Wachler & Associates, P.C. 210 E. Third St., Ste. 204 Royal Oak, MI 48067 (248) 544-0888 awachler@wachler.com www.wachler.com www.racattorneys.com

THE NEW AUDIT LANDSCAPE CMS contractors in the current audit landscape Recovery Audit Contractors (RACs) Medicare Administrative Contactors (MACs) Medicaid Integrity Contractors (MICs) Program Safeguard Contractors (PSCs) & Zone Program Integrity Contractors (ZPICs) Quality Improvement Organizations (QIOs) 2

The Medicare Appeals Process OVERVIEW Rebuttal Discussion period Redetermination Reconsideration Administrative Law Judge Hearing Medicare Appeals Council (MAC) Federal District Court 3

The Medicare Appeals Process Rebuttal and Discussion Period Engaging in rebuttal or the discussion period (or both) does not extend the provider s s appeal deadlines The rebuttal and discussion periods are avenues outside of the Medicare appeals process Rebuttal and discussion period may be used to create an open dialogue with the contractor or attempt to stop the immediate recovery of an alleged overpayment. 4

Rebuttal The Medicare Appeals Process Providers may file a rebuttal statement within 15 calendar days of receiving the results of a post-payment payment review The statement should address why the suspension, offset or recoupment (collectively referred to as the recovery )) should not take effect on the date specified in the notice The statement may be accompanied by other pertinent information The contractor must consider the statement and any accompanying evidence and, within 15 days of receiving the statement, make a determination as to whether the facts justify the recovery The contractor must issue a written determination of its findings Consideration: : Rebuttal before ALJ stage of appeal 5

The Medicare Appeals Process Discussion Period Discussion period begins on: The date of the demand letter for automated reviews The date of the review results for complex reviews Discussion period ends on the date recoupment occurs To engage in a discussion, providers must notify the RAC in writing Providers can use this opportunity to: Discuss and challenge the denial rationales Obtain clarification on how the RAC made its determination 6

The Medicare Appeals Process Discussion Period Recent experiences Recent success in discussion period Confusion between RAC and MAC Considerations Available in RAC audits Timing of submission substantive work up at an early stage 7

The Medicare Appeals Process Redetermination Once contractor makes an initial determination, a provider has 120 days to file a request for redetermination Request for redetermination must be filed within 30 days after the date of the first demand letter in order to avoid recoupment of the overpayment. ent. Recoupment begins on the 41 st day after the date of the demand letter. The contractor has 60 days from the date of the redetermination request to issue a decision Providers may submit additional evidence after the request is submitted, and the contractor may extend the 60 day decision-making time period by 14 days for each submission. Consideration: : Preventing the withhold Experience: : Recent success at redetermination 8

The Medicare Appeals Process Reconsideration Once the contractor issues a reconsideration decision, a provider has 180 days to file a request for reconsideration Request for reconsideration must be filed within 60 days after the redetermination decision in order to avoid recoupment of the overpayment. Recoupment begins on the 76 th day after the redetermination decision. Key Considerations: Full and early presentation of evidence requirement Preventing the withhold Submission of additional evidence, 14 day extension of time Reviewer credentials 9

The Medicare Appeals Process Administrative Law Judge (ALJ) Hearing A provider must file a request for an ALJ hearing within 60 days of the QIC s s reconsideration decision. Amount in controversy requirement must be met ALJ hearing may be conducted in person, by video- teleconference (VTC), or by phone CMS will recoup the alleged overpayment during this and following stages of appeal Consideration: : MAC reversal of favorable findings by ALJ 10

The Medicare Appeals Process Administrative Law Judge (ALJ) Hearing Discovery versus requests for information Discovery is only permitted when CMS or its contractors participate as a party Regardless, providers can submit FOIA requests for information and request to review the audit file CMS or its contractors may participate in the hearing without being a party 11

The Medicare Appeals Process Medicare Appeals Council (MAC) A provider dissatisfied with the ALJ decision has 60 days to file an appeal to the Medicare Appeals Council (MAC) Federal District Court A provider must submit an appeal to the federal district court within 60 days of the date of the MAC decision Amount in controversy requirements must be met 12

Merit-based arguments include: Arguing the Merits Medical necessity of the services provided Appropriateness of the codes billed Frequency of services To effectively argue the merits of a claim: Draft a position paper laying out the proper coverage criteria Summarize submitted medical records and documentation If relying on medical records in an ALJ hearing: Organize using tabs, exhibit labels and color coding Use graphs and medical summaries to assist in the presentation of evidence Use of past Medicare Appeals Council cases http://www.hhs.gov/dab/divisions/medicareoperations/macdecisions/mac /mac _decisions.html http://www.hhs.gov/dab/macdecision/ 13

Use of Experts Experts such as physicians, registered nurses, coding experts, and inpatient rehabilitation specialists may be helpful in appealing a contractor determination Experts can: Assess strength of a case early on and help develop a strategic plan Assist with the interpretation and organization of medical records Provide testimony regarding appropriateness and/or necessity of services Affidavit at redetermination and reconsideration levels Live testimony at ALJ hearing 14

SUCCESSFUL APPEALS STRATEGIES Audit Defenses Provider Without Fault Waiver of Liability Treating Physician s s Rule Challenges to Statistics Reopening Regulations Regulatory & Constitutional Challenges 15

SUCCESSFUL APPEALS STRATEGIES Post-Payment Payment Audit Case Study Example: Recent post-payment payment audit of an hematologist-oncologist oncologist Redetermination Prevent a withhold: structure of practice involved purchasing chemotherapy drugs upfront a withhold could have put the practice out of business 30 day deadline to submit request for Redetermination to stop withhold Gather necessary documentation and submit copies Involvement of counsel at an early stage Likelihood of success? 16

SUCCESSFUL APPEALS STRATEGIES Post-Payment Payment Audit Case Study Example: Recent post-payment payment audit of an hematologist-oncologist oncologist Reconsideration File request for reconsideration within 60 days to stop withhold Full and early presentation of evidence requirement Continued to serially submit additional evidence every 14 days, QIC has discretion to extend timeframe Involvement of experts Affidavits 17

SUCCESSFUL APPEALS STRATEGIES Post-Payment Payment Audit Case Study Example: Recent post-payment payment audit of an hematologist-oncologist oncologist ALJ Hearing Provider can no longer stop a withhold Timing considerations: 90 day waiver Use of experts and other witnesses Provider Statistician Efforts to involve treating physician for a key denial 18

SUCCESSFUL APPEALS STRATEGIES Other Audit Experiences Pre-Payment Payment audit appeals Time considerations - withhold is not an issue, but the provider may not be receiving payment Consolidation of individual claims for efficiency Successful statistical challenge at reconsideration Considerations when appealing to the MAC 19

QUESTIONS? Andrew B. Wachler, Esq. Wachler & Associates, P.C. 210 E. Third St. Ste. 204 Royal Oak, Michigan 48067 (248) 544-0888 awachler@wachler.com www.wachler.com www.racattorneys.com