Friday, July 19, 2013

Feds Raid Local Vein Clinic | Corpus Christi, TX | KZTV10.com |

CORPUS CHRISTI - Federal agents raided a medical clinic in the 1700 block of Santa Fe this morning.
Agents from the FBI, Health and Human Services and the State Attorney General's Office are investigating the Vein Centers of South Texas.
Agents were on the scene for some time, removing boxes of materials from the building.
The FBI says this is an ongoing investigation and will not comment further at this time.

Feds Raid Local Vein Clinic | Corpus Christi, TX | KZTV10.com |

Mistakes are inevitable, but it is what we do next that defines our character…

- Kameron Gifford, CPC


On February 11, 2013 Departments of Justice and Health and Human Services announced record-breaking recoveries of 4.2 billion in CY 2012. http://www.hhs.gov/news/press/2013pres/02/20130211a.html

This “joint effort to combat healthcare fraud” does not appear to be going away anytime soon.  In fact, I believe the only way that we can stop the governments intrusion into healthcare is to create accountability within the industry. How long do you think audits would continue if they revealed compliant operating and billing practices? Without recoveries the funding would stop.

There are seven things that will destroy us: Wealth without work; Pleasure without conscience; Knowledge without character; Religion without sacrifice; Politics without principle; Science without humanity; Business without ethics.
- Mahatma Gandhi

If you practice medicine, run a hospital, or manage a practice, you are intimately aware that even the best people can make mistakes. Have you ever spent days looking for a missing chart or come across a critical lab that had been “misplaced”? Or maybe you received a list of medical records to be audit by an insurance company and 1 of the dictations has “disappeared” or better yet, the patient never came in that day. Was this a malicious act by your front office staff or biller? Probably not, but it is what you do at that exact moment of discovery that will determine the potential of a negative outcome.

In my experiences it a combination of blunt honesty and a sincere desire to “make it right” that yields the greatest possible outcomes. We are human and mistakes are inevitable.

With increasing oversight and increasing expectations of due diligence, all eyes will be on the healthcare industry. What can we do if we have received a letter relating to an investigation or audit? What if we have recently settled a claim of “upcoding or over-billing”?

Take actions to improve. Remember, everything happens for a reason. We often suffer through misfortune before we can reach the high points in life. View this as an opportunity to show the world your inner strength and resilience. Create a stronger corporate culture, invest in education, and continue to strive every day to do something more than you did yesterday.

If you have not yet been the target of an audit, prepare now, because you will be one day. Audit yourselves just as the OIG, Medicare or Medicaid or a commercial payor might. Our best offense is a great defense. Create transparent processes, encourage conversations between your entire team, and get a second opinion. A fresh perspective may be your most valuable resource. 

Understanding Variation in the Healthcare Industry: Using Data to Make Better Decisions


by Aaron Fausz | July 18, 2013 11:16 am
The healthcare industry is inundated with numbers: length of stay, cost per case, clinical outcomes, staffing, patient satisfaction, wait times, procedure times, turnaround times, testing volumes, net income, monthly expenses, and many others dominate monthly reports. This data can change greatly from one period to the next and, unfortunately, a reliable way to accurately analyze and interpret these changes has not been readily available. The traditional ways of examining these numbers have fatal drawbacks and, as a result, the customary responses to both “good” and “bad” numbers are usually misguided. Fortunately, there are two types of graphs that I have found helpful with a statistically-based method of thinking about, presenting, and responding to data that will help healthcare providers develop a more accurate and more complete understanding of the meaning of the numbers at their disposal.
Imagine the following scenario. The nurses in the birthing center are reading their monthly report. It is organized in a table format, with two columns highlighted. The first is the difference between patient satisfaction ratings in the current month and patient satisfaction ratings from the previous month. The number shows an increase of five percent over the previous month. Things are obviously getting better! The other number indicates the difference between patient satisfaction ratings in the current month and patient satisfaction ratings from the same month one year ago. This number, however, shows a decrease of eight percent. Wait just a minute, what’s happening here? Which number is correct? Are things getting better, or are they getting worse? This type of situation reminds many of the adage that there are three kinds of deception: “lies, damn lies, and statistics.” Sound familiar?
Consider this scenario. Because the director of patient services was concerned about the high cost of I.V. waste, he began monitoring the amount of I.V. waste from all units. The volume of I.V.’s administered per week remained relatively constant across the units, so it was fairly easy to track and compare the overall percentage of I.V. waste from week to week. Looking at the numbers for the first week, the average amount of I.V. waste for all units was about 11.7 percent. Wanting to take immediate action, the director decided to send a memorandum to the head nurses of all units admonishing them for having so much I.V. waste and demanding that they improve immediately. In the following week, the overall percentage of I.V. waste dropped to 7.0 percent. The director of patient services concluded that his memo was effective and that he would have to send it out again if the percentage of I.V. waste rose too high.
These situations are not uncommon in healthcare because of the manner in which most people think about numbers and, as a result, interpret and respond to those numbers. Too often, decisions are made or actions are taken without fully understanding why such numbers are changing. We have been taught how to perform various mathematical functions (e.g., addition, multiplication, etc.), but few have learned how to interpret data within its context. In order to truly understand the meaning of data through Lean Healthcare, we must learn the importance of measuring performance and displaying data in order to see variation and how to analyze data to determine when and how to respond to variation. 

What Is Variation?

Variation refers to the way the performance of a process changes over time. There will be fluctuations in all processes over time (e.g., day-to-day, week-to-week, month-to-month, etc.). This variation occurs naturally in all processes and should be expected. It is due to a myriad of sources such as equipment, materials, procedures, electronic systems, etc. that are always present in a process and that effect all elements of a process. The variation inherent in a process is referred to as common cause (or random) variation. Consider your home electric bill — it is probably different every month because your electricity use varies from month to month. But you probably have a range of cost that’s normal for your family. Within this range, we see common cause (random) variation because such fluctuations are normally present in your family’s electricity usage “process.”
Consider the first situation described earlier where the nurses in the birthing center are confronted with two indicators for their line of business that are discrepant. A comparison of patient satisfaction from the present month with the previous month says things are getting better, while a comparison of the present month with the same month from last year suggests that things are getting worse. How can they begin to understand the variation present in patient ratings of satisfaction? Figure 1 contains a run chart showing the monthly patient satisfaction ratings for the previous two years. Notice that the average rating is different each month. Some months it goes up, in others it goes down. But despite these monthly differences, there seems to be a range of values that seems “normal” for patient satisfaction ratings. Within this range, we are seeing the common cause (random) variation of monthly patient satisfaction ratings.
Lean HealthcareDataVariation1
In addition to the common cause variation inherent in all processes, special circumstances sometimes arise that throw a process out of its normal range. These circumstances are unusual or abnormal, which lead to erratic or unpredictable process behavior and are known as special cause variation. Because such unusual fluctuations can often be attributed or assigned to a specific factor or factors, they are also referred to as assignable cause variation. Suppose one month your electric bill is unusually high and outside the normal range. Thinking back on that time period, you remember that your parents and siblings visited for a week. This is very different from the normal, random fluctuation in your monthly bill. The increase in this month’s bill is attributable to a specific circumstance — a special cause.
Consider the two situations presented at the beginning of the article. One basic comparison was made: the current value versus some previous value. Although the comparisons made in each situation are technically correct, they are not conclusive. Simple comparison between two values, no matter how easy they are to make or how intuitive they appear to be, cannot fully convey the behavior of any data collected over time because both numbers are subject to the common cause variation that is inevitably present in all data. Since both the current value and the comparison value (e.g., previous month, year to date) are subject to this variation, it is nearly impossible to determine how much of the difference is due to common cause (random) variation and how much is due to true differences in the numbers. Furthermore, the way data are usually presented — in tables of numbers — does not help us to see how the numbers change (i.e., the variation in the data). In fact, tables of numbers often hide the information we really need in order to make the best decisions.
The only way to see variation and get a picture of what’s happening in your organization is to graph data over time. In addition to being easily understood because of their visual nature, graphs provide a context for interpreting the current numbers because they include the relevant previous numbers. Graphs also remove extraneous details often embedded in tables of numbers.

Displaying Variation

Two basic graphs have proven their usefulness in displaying variation and in detecting the presence or absence of special causes — run charts and control charts. Run charts and control charts help people concentrate on the behavior of the underlying process rather than on individual data points. These charts help filter out the common cause (random) variation in a process that clouds comparisons between single values and obscures special causes.
Run charts (like the one pictured in figure 1 above) are graphs of data over time. The horizontal axis represents the sequence of data as it occurs over time. The vertical axis represents the values you are measuring, such as LOS, cost per case, laboratory volumes, etc. Changes in the measured values can be seen as one examines the chart from left to right. Run charts have a horizontal line through the data which represents the central tendency of the data. The central tendency is usually the arithmetic average (or mean) of the data, but may sometimes be the median value. The center line is a convenient numerical summary of the location of the data set and is used to make judgments about special cause variation that might be present.
With data plotted on a run chart, it is fairly easy to detect the presence of special cause variation. In fact, the presence of any one of the following conditions on a run chart indicates a special cause:
Look at the chart below – if seven or more consecutive values are either above or below the average line (this is known as a shift or run);
LeanHealthcareDataVariation2
Look at the next chart – if seven or more consecutive values are all going up or all going down (this is called a trend)
LeanHealthcareDataVariation3
The next chart shows if any non-random pattern recurs seven or more consecutive times (this is called a pattern).
LeanHealthcareDataVariation4
Notice that all of these conditions require multiple numerical values (i.e., the previous values) to discern an unusual current value. Thus, when taken together, the previous values create the context for examining the current value. Notice that the run chart in the Birthing Center example does not contain any conditions that indicate the presence of special cause variation. This confirms our initial observation that only common cause (random) variation was present in the ratings of patient satisfaction.
Control charts also present a dynamic representation of the behavior of a process over time. Like run charts, control charts display the values of some process or output variable over time and indicate the center line of the data. But the distinguishing characteristic of control charts is the presence of statistically determined upper and lower control limits. These limits, drawn above and below the average line, are computed from the data. The control limits represent the range of the variation expected in the measurements of a process. That is, they define what the process will deliver as long as it continues to operate in its current manner. The process limits also provide another method to detect the presence of special cause variation. In addition to the three conditions that can be applied to run charts, a point outside the control limits also indicates the presence of a special cause.
LeanHealthcareDataVariation5
The control chart in figure 2 displays total I.V. waste for the previous thirty weeks. Although there is some variation from week-to-week (i.e., it goes up some weeks and goes down in others), there seems to be a range within which I.V. waste falls over time. If a process contains only normal or random variation (i.e., no runs, no shifts, no patterns, no points beyond the control limits), the process is operating as consistently as possible and is said to be “in control” or “stable.” On the other hand, if a process contains special cause variation (i.e., a run, shift, pattern, or point beyond the control limits), the process is not operating consistently and is said to be “out of control” or “unstable.”
LeanHealthcareDataVariation6
Once you have identified the type of variation present in the process, you need to decide what to do about it. With run charts and control charts, the state of control (i.e., the type of variation present) determines the appropriate actions to take. If special cause variation is present (i.e., if the process is out of control), immediate action should be taken to identify the cause of the unusual variation. You can do this by finding out what unusual event or series of events occurred that caused the out of control condition(s). Next, you should take action to reduce or eliminate special causes that negatively impact the process or build special causes into the process if they positively impact the results.
If the process is in control (i.e., only common cause variation is present), reacting to changes from one data point to the next — regardless of how much they change — is inappropriate. You should not react to the inherent variation present in a stable process as if it were special and required adjustment. Processes that are in control are behaving consistently, and will require fundamental changes in the underlying system in order to change the output of the process. Setting goals, exhorting workers, or looking for alternative ways to examine the data will not permanently change a stable process.
The following table summarizes the appropriate actions to take in response to common and special cause variation.
Lean HealthcareDataVariation7

Consider the run chart illustrated in figure 1 or the control chart illustrated in figure 2. Although there is fluctuation in the month-to-month and week-to-week numbers, none of the “out of control” conditions exist in either set of data. This suggests that the processes are exhibiting a reasonable degree of control (stability) and that no action should be taken to “correct” the monthly fluctuations. Any action taken in response to this common cause variation would be referred to as tampering, and would probably increase the variation in the process, possibly leading to an out of control condition.
The stability of a process indicates its predictability. That is, a stable process is predictable within a given range of values. However, just because a process is stable does not necessarily mean that the performance is acceptable. If the process itself needs to be improved — because it is not meeting patient expectations — we must change the capability of the entire process. To do this requires more in-depth study of the process itself and significant changes in how the work is actually performed. 

Conclusion

Unfortunately, situations like those portrayed at the beginning of this blog are all too common. We are constantly making decisions about data contained in reports or data we collect ourselves. Unfortunately, we often react to data without really being able to understand why the numbers are changing. In order to make better decisions, we need to understand the true nature of the changes in process performance. In Lean Healthcare as we work to continually improve, it is necessary to learn new strategies which will give us a better ability to predict future performance and to minimize waste and related costs.
The value of run and control charts have been proven over and over in numerous industries and the reasons are straightforward.  First, run and control charts offer an effective way of synthesizing important information so it can be readily understood.  Because these charts are pictorial displays of information, everyone concerned can have the same level of understanding of the situation, be it good or bad. Second, run and control charts will reveal opportunities for improvement by directing scrutiny to events that involve special causes of variation. In this sense, they make it clear when corrective action is necessary, and even more importantly, when no action is appropriate. Finally, once a key process is tuned to eliminate special cause variation, it is as well-suited as it can be for alterations aimed at reducing common cause variation or producing more desirable mean values of a process variable.

Today’s blog was written by Aaron Fausz, Ph.D., Senior Manager at HPP
Aaron has twenty years of experience helping organizations align and improve their personnel and technical systems to accomplish strategic business objectives.  He has consulted with leading healthcare organizations across the country and has proven success guiding organizations through strategically driven changes and enhancing business performance.  Aaron also has significant experience in needs assessment, best practice analysis, performance measurement, process improvement, and behavioral change management.  
Aaron holds a Ph.D. in Industrial/Organizational Psychology from the University of Tennessee with a minor in Industrial Engineering.
Source URL: http://www.leanhealthcareexchange.com/?p=3562

Thursday, July 18, 2013

Humana Inc. to Release Second Quarter 2013 Results on July 31, 2013 | Humana Healthcare

LOUISVILLE, Ky.--(BUSINESS WIRE)--Humana Inc. (NYSE: HUM) will release its financial results for the second quarter 2013 (2Q13) on Wednesday, July 31, 2013 at 6:00 a.m. eastern time. The company will host a conference call, as well as a virtual slide presentation at 9:00 a.m. eastern time that same morning to discuss its financial results for the quarter and earnings guidance for 2013.
The live virtual presentation (audio with slides) of the 2Q13 earnings call may be accessed via Humana’s Investor Relations page at www.humana.com. The company suggests web participants sign on approximately 15 minutes in advance of the call. The company also suggests web participants visit the site well in advance of the call to run a system test and to download any free software needed to view the presentation.
All parties interested in the audio only portion of the call are invited to dial 888-625-7430. No password is required. The company suggests participants dial in at least ten minutes in advance of the call.
For those unable to participate in the live event, the virtual presentation archive will be available in the Presentations section of the Investor Relations page at www.humana.com, approximately two hours following the live webcast. Telephone replays will be available from 12:00 p.m. eastern time on July 31, 2013 until midnight eastern time on August 2, 2013 and can be accessed by dialing 855-859-2056 and providing the conference ID # 14857032.
The company’s 2Q13 earnings news release may include financial measures that are not in accordance with Generally Accepted Accounting Principles (“GAAP”). If so, a reconciliation of non-GAAP financial measures to financial results under GAAP, as well as management’s reasons for including non-GAAP financial measures, will be included in the company’s 2Q13 earnings news release, a copy of which will be available on the Investor Relations page of www.humana.com on July 31, 2013.
Humana Inc., headquartered in Louisville, Kentucky, is a leading health care company that offers a wide range of insurance products and health and wellness services that incorporate an integrated approach to lifelong well-being. By leveraging the strengths of its core businesses, Humana believes it can better explore opportunities for existing and emerging adjacencies in health care that can further enhance wellness opportunities for the millions of people across the nation with whom the company has relationships.
More information regarding Humana is available to investors via the Investor Relations page of the company’s web site at www.humana.com, including copies of:
  • Annual reports to stockholders;
  • Securities and Exchange Commission filings;
  • Most recent investor conference presentations;
  • Quarterly earnings news releases;
  • Replays of most recent earnings release conference calls;
  • Calendar of events (including upcoming earnings conference call dates and times, as well as planned interaction with research analysts and institutional investors);
  • Corporate Governance information


Humana Inc. to Release Second Quarter 2013 Results on July 31, 2013 | Humana Healthcare

The Greatest Investment You Will Ever Make in Your Practice


Who spends the most time on the phone with your patients? Who is responsible for distributing incoming faxes to the appropriate person?
When was the last time that you invested in educating your entire team? 
Continuing medical education is a requirement for physicians, nurses and coders, but what about every other position in the practice?
High performing medical practices understand that staff training, development and education, at the right time, provides big payoffs for the employer in increased productivity, knowledge, loyalty, and contribution.
Champion practice managers and providers also know that sending one or two employees to training will never be enough to interject true change in a practice.
Employees want to learn new skills, develop their capabilities, and grow their knowledge and careers. Making developmental opportunities available to each employee demonstrates your commitment to helping them develop their careers. They appreciate this.
Empirical Risk Management has developed a 3 day RAPID PRACTICE INNOVATION PROGRAM has an alternative to traditional education and training options.
Our innovating program comes to your office and works around your schedule. We provide Lean Tools that encourage more efficient processes and happier, more engaged employees. Our program is completely customizable to fit your needs and we offer specialized training for Medicare Risk Adjustment, ICD-10, and Clinical Documentation Improvement.
If you believe that there might be room for improvement , there probably is…

Kameron Gifford, CPC
www.ermconsultinginc.com

How the NHS can build partnerships with other organisations

  • Guardian Professional

The NHS
Meeting the challenge: commissioning support units are being encouraged to build partnerships with other organisations. Photograph: Graeme Robertson/Getty Images
Many NHS staff have already been looking beyond business-as-usual, to really get to grips with the challenge of major clinical service change.
There is no silver bullet. Health services will continue to experience increasing demands, both demographically and societally driven. Against this backdrop, the challenges of maintaining and improving quality standards and improving things for patients, at the same time as reducing spend, have been brought into sharp relief by recent events in Staffordshire and elsewhere.
But how does the NHS affect the cultural and practical changes to patient behaviours? How do they achieve the investment in technology and other resources? How, without surrendering control of the clinical decision-making agenda, do they seek the funding and additional, commercial and other skills that they require?
To meet this challenge, commissioning support units (CSUs) are being encouraged to start building partnerships with other NHS, commercial and third-sector organisations, who can bring fresh thinking and wider expertise to the NHS.
For clinical commissioning groups (CCGs) as customers, dealing with a CSU-led commissioning support partnership may also help to simplify contractual arrangements. CCGs will also be looking for ways to better align the incentives of commissioning support organisations with their own successful delivery of the quality, innovation, productivity and prevention (QIPP) agenda. A broader CSU partnership, where there is greater ability to invest, manage risk and explore outcomes-based risk and reward contracts may be the way to move towards this.
Between 2008 and 2011, my team partnered with NHS Ashton Leigh and Wigan to deliver Transforming Commissioning Saving Lives, one of the first large-scale commissioning transformation programmes under the national framework. Ashton Leigh and Wigan undertook the programme in response to a number of challenges; mounting financial pressure to reduce acute activity, poor health outcomes (compared with national benchmarks), and commissioners struggling to gain control in a health economy dominated by the local hospital trust.
Working together, we devised and implemented a number of strategies to improve commissioning of clinical care services, to both enhance performance and achieve savings. We undertook organisational development and leadership coaching – working with the chief executive and his team and in joint programmes with the local authority.
We worked closely with commissioning managers, clinical commissioners, patients, doctors, nurses and health systems partners to redesign local stroke services, commissioning a pathway to diagnose and manage patients following a transient ischemic attack (TIA) or mini stroke, and to provide holistic and person-centered health and social rehabilitation for people who have had a full stroke.
This resulted in a reduced average length of time a patient spends in hospital – from 56 days to 12 days. It achieved £14.39m worth of savings. But it also achieved more long-term, fundamental changes through the skills and knowledge transferred.
My experience leads me to believe successful partnerships can offer significant benefits to both the public sector service delivery organisation (for example, a local authority or, in this case, a CSU) and the private or third sector partner. They offer greater resilience in terms of both capacity and capability.
Partnerships also mean that risks can be shared and that investment can be attracted from partners who are more able to fund new technology and other resources. And lessons can be learnt from the experience of other parts of the private and public sector about innovative ways to get service users and their families engaged, and providers of healthcare services doing things differently.
Matthew Harker is director of healthcare consulting at Capita.

The Stark Law and Federal Anti-Kickback Laws: What You Need to Know

7/18/2013 - Kameron Gifford, CPC

Could my organization be at risk? What areas exist for potential violations?

Anti Kickback Enforcement - 
In the past, kickback enforcement actions have concentrated on three areas: kickbacks related to costs shown on cost re-ports; physician referrals to hospitals, suppliers, and ancillary services; and hospital referrals to entities that provide services to patients after hospitalization, such as medical equipment suppliers or nursing services. However, there is an increasing role in healthcare for payors and middlemen who control or influence purchasing decisions by using access to patient health and utilization information and provider data. These payors and middlemen may pay kickbacks to obtain or retain contracts, to receive favorable treatment in contracts, to obtain confidential patient or provider data, or to influence agents or fiduciaries to exercise discretion on behalf of a principal in favor of the payor. This body of law can be complex because the techniques used by payors and recipients vary by industry, and there are more extensive and complicated money flows among the parties and related entities. 

Stark Act Definitions.

Before addressing some of the exceptions, it is important to define the key terms of the general rule. The fundamental way to avoid the application of the general rule is to distinguish oneself from the definition of critical terms. First and foremost, it should be noted that the Stark Act only prohibits referrals to entities for a DHS. Designated health services include:
  1. clinical laboratory services;
  2. physical therapy services;
  3. occupation therapy services;
  4. radiology services (including MRIs, Ultrasounds, and CAT scans);
  5. radiation therapy and supplies;
  6. durable medical equipment and supplies;
  7. parenteral and enteral nutrients, equipment, and supplies;
  8. prosthetics, orthotics, and prosthetic devices and supplies;
  9. home health services;
  10. outpatient prescription drugs; and
  11. inpatient and outpatient hospital services.
If that seems like pretty much everything, it is.

Who is part of my immediate family?

Physicians must take note that the direct or indirect financial relationships of an “immediate family member” will be imputed to them for the purpose of determining whether a referral was a prohibited one. “Immediate family member” is defined as a “husband or wife; birth or adoptive parent, child, or sibling; stepparent, stepchild, stepbrother, or stepsister; father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law; grandparent or grandchild; and spouse of a grandparent or grandchild.” Once again, the regulations use a broad definition that should give physicians and health care providers pause.

What counts as a financial relationship?

The most critical definition for physicians wishing to comply with Stark entails understanding what constitutes a “direct or indirect financial relationship.” In general, a “financial relationship” is a direct or indirect ownership interest, investment interest, or compensation arrangement with any entity that furnishes DHS. What constitutes a direct financial relationship is fairly straightforward, with one twist: A direct relationship exists if the investment interest or the compensation passes between either the referring physician or a member of his or her immediate family and the entity furnishing the designated health service without any intervening persons or entities. Thus, even if a physician has no contact with a DHS-providing entity, he or she may still have a direct financial relationship with the entity through an immediate family member. In contrast to a direct relationship, what constitutes an indirect relationship is more complex, and requires analysis in the context of the three different types of “financial relationships.”

What is an Ownership or Investment Interest? What counts as an Indirect Ownership or Investment Interest?

An ownership or investment interest in a DHS entity can take the form of equity, debt, stock, certain stock options, partnership interests, memberships interests in an LLC, etc. An ownership or investment interest “includes an interest in an entity that holds an ownership or investment interest” in the DHS entity. Thus, an ownership interest in a subsidiary company is not an ownership interest in the parent or another subsidiary of the parent unless the subsidiary has an interest in the parent or another subsidiary of the parent. An interest in a retirement plan is specifically excluded from the definition of ownership or investment interest. The following, while specifically excluded from the definition of ownership or investment interest, are
nonetheless considered a form of “compensation arrangement”:

1) stock options or convertible securities until executed;
2) an “under arrangement” contract between a hospital and a physician-owned entity;
3) a security interest held by a physician in equipment sold to a hospital and financed
through a loan from the physician; and
4) an unsecured loan subordinated to a credit facility.


An indirect ownership or investment interest exists if there is “an unbroken chain” of persons having an ownership or investment interest and the entity providing DHS has actual knowledge or acts in “reckless disregard or deliberate ignorance” that the referring physician has an indirect ownership interest in the entity, no matter how many “intermediary” interests exist. In fact, an indirect ownership or investment interest exists even though the entity providing DHS does not know the “precise composition of the unbroken chain.” Referring physicians and DHS entities must therefore be careful to check that no “unbroken chain” establishes an indirect ownership or investment interest. As noted above, the DHS entity will be denied payment despite its lack of knowledge if, depending on the circumstances, CMS determines that the entity has acted with reckless disregard or ignorance of the referring physician’s investment and ownership interests along the chain. A DHS entity therefore should make certain it knows exactly whom they are dealing with before accepting a referral.

What is a Compensation Arrangement? What counts as an Indirect Compensation Arrangement?

If you thought the definition of an ownership or investment interest was complex, it gets worse. Of the types of financial relationships prohibited by the Stark law, compensation arrangements are the most onerous to grasp. A compensation arrangement is “any arrangement involving remuneration, direct or indirect, between a physician (or a member of a physician’s immediate family) and an entity,” including “under arrangement” contracts. In addition to the twist involving members of the physician’s immediate family noted above, a physician is deemed to have a direct compensation arrangement with a DHS entity if “the only intervening entity between the physician and the entity furnishing DHS is his or her physician organization. In such situations, for purposes of this section, the physician is deemed to stand in the shoes of the physician organization.”
The regulations entail a long definition of an indirect compensation arrangement. First, an indirect compensation, like an indirect investment or ownership interest, requires an “unbroken chain” of persons or entities having a financial interest between the referring physician and the DHS entity. However, unlike the indirect investment or ownership interest, an indirect compensation arrangement can exist if the intervening interest is either an investment or ownership interest or a compensation arrangement. Second, the referring physician must receive compensation from a person or entity in the chain with which the physician has a direct financial relationship that varies with the volume or value of referrals generated by the physician for the DHS entity. Finally, just as in the context of an indirect ownership or investment interest, the DHS entity must have “actual knowledge of, or act in reckless disregard or deliberate ignorance of” the referring physician’s compensation varying with the volume or value of referrals. For the purposes of determining whether an unbroken chain exists, the physician will “stand in the shoes” of his or her physician organization.

Concerned your Financial Relationships Might Implicate the Stark Act?

You should be. Violation of the Act will result in a denial of payment by Medicare to the DHS and could result in a civil penalty of up to $100,000 for the DHS entity, referring physician, or both. A physician or other entity wishing to determine compliance with the Stark act has several options. The physician or entity can contact our offices with their questions and receive guidance based on their situation. Further, a physician or entity can request an “advisory opinion” from CMS regarding whether their referral arrangement violates the Act and regulations promulgated under it. It should be noted that advisory opinions are binding on both the requesting party and CMS. This can be a useful tool because it will give assurance to the physician or DHS-providing entity. Although both options entail costs, those costs are dwarfed by the potential costs associated with the CMS determining a referral to be “prohibited.”

What is the Anti-Kickback Law and How is it Different from Stark?

Although similar in purpose, the statute colloquially known as the “Anti-Kickback” law imposes even more severe penalties on entities violating its provisions. The Anti-Kickback law makes it a felony for anyone who receives a form of payment in return for referring a patient to another for Medicare or Medicaid-covered services. The law also forbids payment in return for purchasing, leasing, or ordering any good, facility, service or item which would be paid for under either Medicare or Medicaid. Violating the act comes with a heavy penalty – a felony conviction punishable by a fine up to $25,000 and/or five years in jail. Both sides of the transaction are forbidden – the law forbids both the receipt of and the offering to pay or payment of the kickback. Recently, Physician-Vendor relationships have come under heightened scrutiny by federal and state regulators. It is important for physicians and their vendors to carefully structure their relationships to avoid potentially violating the Anti-Kickback law.

“Safe Harbor” Transactions

Congress and the Department of Health and Human Services (“HHS”) have provided several “safe harbors” allowing entities to avoid violations of the Anti-Kickback law. Many of the excepts are made to exclude certain arrangements or transfers from the definition of payment, thus shielding the parties from potential criminal liability under the Anti-Kickback law. The safe harbors include:
1. Investment Interests:
Three types of payments are exempted under the safe harbor for “investment interests.” To fit in the first exemption, the entity must have less than $50 million in assets related to the furnishing of health care items and services. With active and passive investors, there are restrictions on the respective ownership interests that may be held by those capable of making referrals or furnishing Medicare or Medicaid covered health services. These restrictions are relaxed somewhat if the entity is located in an “underserved area.” The exemption for investment interests allows that, in certain circumstances, dividends or interest are deemed not to be payments as far as the Anti-Kickback law is concerned. However, the regulations impose very precise and lengthy conditions on compliance with the exemption. Entities wishing to use this exemption should consult with their attorney to ensure full compliance with the investment interest safe harbor.
2. Space Rental:
Remember that the Anti-Kickback law forbids certain leasing arrangements. Recognizing that this could put a strain on health care providers attempting to find a place to set up shop, HHS provided a safe harbor for space rental. This safe harbor requires the lease to be in writing, cover all the premises leased between the parties and specify those premises, be for at least one year, be for fair market value rent, which is set in advance, and not lease more space than is “reasonably necessary” to provide the desired service. The rent can in no way reflect the volume or value of referrals between the parties for Medicare or Medicaid covered services.
3. Equipment Rental:
What good is an empty office? Modern health care requires some very complicated and very expense equipment. Many health care providers find it more economical to rent rather than own their equipment. In a corollary to the safe harbor for space rental, HHS has provided a safe harbor for equipment rental. The same conditions as applied to the space rental lease apply to the equipment lease.
4. Personal Services / Management Contracts:
A safe harbor exists for payment made to agents (persons authorized to act for another) as compensation, so long as the agency agreement is set out in writing and covers all the services the agent will provide, be for not less than one year, be for an amount equal to the fair market value for such services, be for an amount set out in advance, and in no way take into account the volume or value of any referrals or business generated payable by Medicare or Medicaid.
5. Referral Services:
Payment can even be made to a referral service under a safe harbor promulgated by HHS. The payment, as you’ve probably guessed, cannot be based on the volume or value of referrals, but only on the costs of operating the referral service. There can be no restrictions on the manner in which the services referred are provided. Further, the referral service must make certain disclosures to the person seeking the referral and maintain a written record certifying those disclosures.
6. Payments made to Bona Fide Employees:
Payments to an employee will be safe so long as there is a “bona fide” (real) employment relationship and the payments do not take into account the value or volume of referrals for Medicare or Medicaid covered services.
7. Recruitment:
Just as there were relaxations under STARK for physician recruitment, there exists a safe harbor under the Anti-Kickback regulations for payments made to induce a practitioner to join with an entity. There is a litany of conditions that must be met for this safe harbor to be met. For example, if the recruit is leaving an established practice, the revenues at the recruiting entity must generate 75% of its revenue from new patients; that is, the recruit can only bring 25% worth of patients with him from his old practice. Further, there can be no condition that the recruit make referrals, influence referrals, or otherwise generate business for the new entity as a condition of receiving the benefits of his or her new employ.


Medical neighborhood project aims to connect primary care practices, community providers

By: Cody Erbacher
A nationwide “medical neighborhood” pilot project aims to connect primary care practices with community-based health providers to improve care and lower costs.
The Patient-Centered Medical Neighborhood (PCMN) builds on the Patient-Centered Medical Home (PCMH) concept that’s designed to improve care coordination between primary care practices and specialists.
A total of 90 primary care practices will participate in the project, according to TransforMED, a subsidiary of the American Academy of Family Physicians (AAFP).  
“Implementing the PCMH model is critically important,” said Bruce Bagley, MD, FAAFP, interim president and CEO of TransforMED. “The context of a well-coordinated and connected medical neighborhood will not only give patients the safe, reliable and efficient care they desire, but also will increasingly empower them to manage their health in a proactive way.”
TransforMED, whose purpose is to give consultation and support to physicians transforming their practices to PCMHs, believes the project could lead to a more efficient, coordinated healthcare delivery network that improves care at a lower cost.
In attempts to understand current process and identify areas of improvement, TransforMED will meet with practice leaders to assess four areas: costs, health, patient experience, and scalability.
This three-year project, funded by a $20.75 million award by the CMS Center for Medicare and Medicaid Innovation, will involve 15 health systems in 65 cities across the country.
TransforMED plans to attain the following goals by 2015:
Reduce overall costs for Medicare and Medicaid beneficiaries by 4% ($49.5 million).
Improve the health of the eligible population by an average of 15% - and at least 3% improvement – in each selected quality measure.
A 25% improvement in patient experience measures that reflect patient engagement, access, and quality.
Demonstrate the ability to scale to additional practices within each community.

http://medicaleconomics.modernmedicine.com/node/371701

Wednesday, July 17, 2013

Innovation, Technology and Teamwork Lead to Early Opening of Kaiser Permanente’s New State-of-the-Art Hospital in Fontana

FONTANA, Calif. -- 
Patients are now receiving high-quality, affordable healthcare at a new state-of-the-art hospital for Kaiser Permanente in Fontana, Calif. Built by McCarthy Building Companies, Inc. and designed by HMC Architects, the new seven-level hospital boasts a technologically advanced patient-centered design. The project was completed four months ahead of schedule and opened on May 7, 2013.
Located on the southern end of the Kaiser Permanente Fontana Medical Center site, the new 490,000-square-foot tower is one of the largest healthcare facilities in the Inland Empire. The new hospital was built to meet the latest, more rigorous seismic safety standards established by the state of California. It replaces the existing Kaiser Permanente Fontana Hospital tower, some of which will be converted for outpatient use.
Serving as general contractor, McCarthy’s contract entailed construction of a 314-bed hospital, a 50,000-square-foot hospital support building, and a 23,000-square-foot central utility plant. Prior to beginning construction of the hospital in May 2009, McCarthy built a new member and doctor parking lot and relocated utilities at the site.


“Building a major hospital facility on an extremely tight site surrounded by an operational medical center took a great deal of planning and coordination,” said McCarthy Senior Project Manager Lucy Villanueva.
One of the most challenging aspects of the project was the proximity of the new hospital to existing structures, located only 25 feet away from an operational medical office building and 70 feet away from other medical facilities. McCarthy conducted tie-ins to two existing medical office buildings at a second-story pedestrian bridge and an underground pedestrian tunnel as well as various utility tie-ins, all while ensuring operation of existing facilities.
Villanueva says that close collaborating with hospital administration and project subcontractors and suppliers was required to minimize disruption to neighboring facilities. McCarthy also utilized ‘just-in-time delivery,’ staged materials off-site and shuttled construction workers in from a remote parking area.
The new Fontana hospital is based on Kaiser Permanente’s innovative template design that allows for enhanced flexibility to accommodate changing practices and technologies. Kaiser Permanente’s electronic medical record system, sophisticated imaging systems, wall-to-wall wireless computer network and free Wi-Fi for members are some of the technological features in the new hospital. More than 20 specialty services are available in the new tower, including a Cardiac Catheterization Lab, Labor & Delivery and Neonatal and Pediatric Intensive Care Units. Cardiac Surgery Services will be added in 2014. The hospital features: all private patient rooms; a 24-hour, 51-bed emergency department; 24-hour pharmacy; a healing garden and mediation room as well as a cafe. The hospital support building is attached to the new hospital and includes medical offices, radiology, a pharmacy and a specialty clinic.
“The patient-centered design at Fontana is focused on a continuum path to healing throughout three stages of the patient experience: anticipation, transition and healing,” notes John Kouletsis, VP of Facilities Planning & Design at Kaiser Permanente. The facility boasts large windows providing an abundance of natural light to help ease stress and contribute to patient healing. “Warm colors are used throughout the facility to activate the space and presents a more welcoming patient experience,” adds Kouletsis. Each floor features its own accent color that is visible through the main tower to aid in wayfinding. All patient rooms have an acoustic design reducing noise, and the hospital’s labor and delivery suites feature a home-like setting to comfort expectant and new mothers.
The facility also incorporates numerous sustainable design solutions including: energy efficient lighting, electrical, air conditioning and plumbing systems; use of reclaimed water for cooling towers; site bio-retention basins; light colored sustainable roofing; dual pane exterior window glazing and natural day lighting.
Likewise, McCarthy used sustainable building methods such as recycling building materials, minimizing unrecyclable construction waste and maintaining proper indoor air quality. In an effort to streamline the submittal process, as well as dramatically reduce the amount of paper used on the project, McCarthy utilized the Submittal Exchange online service to electronically process over 95% of all submittals.
“According to Submittal Exchange, the use of this software on the Kaiser Permanente Fontana project has saved more than 130 trees,” said Villanueva.
Additionally, a Digital Plan Room with two large monitors for viewing the drawings electronically was used to replace the stacks and rolls of paper drawings. This not only saved space, but significantly reduced the reproduction costs and use of paper for printing the large quantity of drawings required for the project. To encourage the subcontractors to do the same, McCarthy distributed all drawing updates electronically.
A key aspect to delivering this complex healthcare project early and within budget was the design-assist delivery method. “This early collaborative approach among the design engineer and the trade contractor helped reduce costly and time intensive changes during construction,” said Villanueva.
Helping to further the design-assist effort, the project team utilized Building Information Modeling (BIM) coordination technology to manage the hospital facility’s complex structural, architectural, and mechanical, electrical and plumbing systems.
“The project was fully coordinated utilizing NavisworksTM and its clash detection capabilities. All overhead utilities were completely modeled to assist the project team in efficiently coordinating the extremely complex systems designed for this project,” explained Villanueva. “The ability to resolve design and constructability issues effectively and early in the process, directly attributed to significant cost savings in the field and allowed for a faster, more efficient installation. The largest benefit to the modeling process was the ability to prefabricate the majority of the plumbing, HVAC piping, ductwork and electrical systems. Over 60% of these systems were prefabricated in off-site facilities and shipped to the project just-in-time for installation, helping reduce the project duration and improve quality,” added Villanueva.
Theresa Ashby, transition director, Kaiser Permanente Fontana Medical Center said, “The efficiencies and workflow innovations we were able to leverage during construction of the Fontana Replacement Hospital have allowed us to provide cutting-edge healthcare to the residents of the Inland Empire much sooner than we had initially anticipated.”
About McCarthy
Recognized as one of the nation’s few true builders, McCarthy Building Companies, Inc. is the largesthealthcare facilities builder in California (ENR California, July 2012) and the largest general building contractor in California (ENR California, July 2012). The company is committed to the construction of high performance green buildings; progressive jobsite technology; and safer, faster and more cost-effective execution. More information about the company is available online at www.mccarthy.com.
To download high resolution images, please visit: http://www.mccarthy.com/kaiser-permanente-fontana

Capital BlueCross challenges student developers nationwide to create web or mobile applications that improve health care

HARRISBURG, Pa., July 17, 2013 - Capital BlueCross is challenging student developers nationwide to create web-based tools or mobile applications that enrich the health care consumer experience. Winning entries can earn one of three prizes totaling $30,000.
Titled Blue Innovates, the challenge is an opportunity for students 18 years of age or older to bring their innovative ideas to life in one of three categories:
Financial: Applications that assist health care consumers in finding, accessing, organizing, simplifying, understanding or minimizing health care expenditures.
Telemedical: Technology that provides consumers with affordable and high quality health care while saving time and money.
Experiential: Tools that help consumers have a more personalized and satisfying health care experience and that enhance their well-being.
"As a leader in the health care industry, Capital BlueCross is seeking to develop new solutions that will meet the evolving needs of consumers who want to interact with health care like every other retail experience," said Donna K. Lencki, Capital BlueCross chief marketing officer. "We recognize there are a lot of talented people looking for an outlet to showcase their ideas and creativity. Blue Innovates allows us to tap into the minds of'millennials' to drive innovation in a rapidly changing industry to help consumers better understand and navigate the health care system for the best possible outcomes. We are delighted to kick-off this challenge."
Students may use their preferred tools, programming languages and technologies to develop a unique solution. All entries for Blue Innovates must be submitted by Nov. 22, 2013. Winners will be announced by Dec. 20, 2013. Entries must be original work created by the developer who is submitting the application for consideration.
To get started, students can visit Blue Innovates to register and review contest rules. Developers can also use the online forum on the Blue Innovates web site for support and advice throughout the process.
The developer of the first-place winning application will receive $15,000, while the second and third place winners will receive $10,000 and $5,000 respectively.
About Capital BlueCross
In 2013, Capital BlueCross is celebrating 75 years of serving central Pennsylvania and Lehigh Valley residents and businesses as the region's leading health insurer. Through its family of companies, Capital BlueCross brings innovative services and clinical solutions to the marketplace. Committed to delivering medical value to its communities, Capital BlueCross focuses on improving patient satisfaction, enhancing quality of care and reducing costs. The company continues to lead the change in the industry by meeting the evolving health needs of its customers, most recently by entering the retail market and building a first-of-its-kind health and wellness store called Capital Blue. Headquartered in Harrisburg, Pa., Capital BlueCross is an independent licensee of the Blue Cross and Blue Shield Association, employing more than 1,800 people. More information about Capital BlueCross can be found at capbluecross.com.