Corporate Compliance

* Can we bill for services if a patient complains about them?
* Do we need to send our NPP to patients who can't read it?
* Medical necessity: Tips for auditing your facility's claims denials

Compliance Monitor, July 22, 2003

Want to receive articles like this one in your inbox? Subscribe to Compliance Monitor!



Health Care Auditing Strategies
Special Offer
Learn More about HIPAA
Staff Training Handbooks
Strategies for Health Care Compliance
Special Offer

Friday,
July 18, 2003
Vol. 6, No. 57


SUBSCRIBE to Compliance Monitor

Visit Complianceinfo.com

SPONSORS

IRP, Inc.

IRP's Coding Software is specifically designed for Medicare DRG and APC compliance. Versions available for PCs and mainframes. Click here to use our APC Reference Library for the latest Medicare APC changes, or call 800/634-0496, x244.


ONE-STOP COMPLIANCE

Solve all of your biggest challenges-AUDITING, KICKBACKS, STARK, HIPAA,TRAINING, AND MEASURING EFFECTIVENESS with reporters who get the stories and ideas you need to comply and help your organization's bottom line!

"Strategies for Health Care Compliance," a 12-page monthly newsletter, helps you thrive in the ever-changing compliance environment by providing easy-to-understand compliance advice and analysis of the latest regulations. Each month, this newsletter offers how-to tips, features about your peers, policies and procedures, and tools for improving the efficiency and effectiveness of your corporate compliance programs. To learn more, click here or call 800/650-6787.

On Complianceinfo.com

Sample compliance policies and procedures. (For subscribers to Strategies for Health Care Compliance only)

The OIG Work Plan for Fiscal Year 2003

Ask the Expert

Compliance Hot Topics: Billing and Coding, EMTALA, Stark, HIPAA

Question of the Week

Welcome to Compliance Monitor Q&A!

Our mission is to answer your difficult compliance questions-and your simple ones, too. To submit a question, send it to Compliance Monitor Q & A editor Melissa Osborn at mosborn@hcpro.com. We hope you enjoy this service and we welcome your feedback.


This week's questions

Pay-per-view article
Quick survey
Questions and Answers

Can we bill for services if a patient complains about them?

Q: If a patient makes a complaint (valid or otherwise) of being injured as a result of medical care, what options do providers have for charging and billing for that care?

A:

There is no simple answer for handling a patient complaint and handling the patient's charges. Handle the situation on a case-by-case basis, depending on the complexity of the complaint and its legal ramifications.

Even if your medical group or hospital does not have a formal process for handling patient complaints, you still must have an administrative mechanism to allow the patient to complain. This is required under Medicare's "Conditions of Participation." Make sure physicians, staff, and patients know how to file complaints, and learn how your organization responds to them (whether you use a telephone call, a form, or through a point person). Again, Medicare requires you to send a formal letter to each patient who complains. To build awareness, include the complaint mechanism in any brochures that you give to patients. The patient who gets tied up in bureaucracy is more likely to file a lawsuit than one who feels their complaint was heard.

You can categorize patient complaints of injury as "informational" and "therapeutic." An information complaint is one in which the patient has a question on how to handle the diagnosis or treatment, or how physicians delivered care, informed consent, or bad outcomes from treatment. Examples of this include the following:

  • The patient who claims that he or she suffers from an injury after surgery, such as a sore neck
  • A patient who has limited range of motion, due to pain from an injection
  • A patient who suffers from vertigo or dizziness after receiving medication

    In these examples, the patient may have been informed of the side effects, but he or she may have misunderstood the physician. Investigate this complaint promptly and share the results with the patient.

    Therapeutic complaints focus on serious problems. You must investigate these claims immediately. These complaints stem from the following physician or staff errors:

  • Physician or staff gave the patient improper instructions
  • Physician or staff gave the patient no instruction
  • Staff carried out physician orders incorrectly

    Examples of this include giving a patient an overdose of medication or allowing the patient to drive soon after receiving anesthesia, resulting in a traffic accident. In these scenarios, the medical group may not be able to waive or hold charges to the patient because it has already billed the patient's insurance company for the services. However, the group can flag the account or put it on hold until it investigates the case. This should be done within 30 days.

    Once you investigate the initial patient complaint and make a resolution, decide whether to reinstate or inactivate the patient account. The most important aspect for handling complaints is to ensure that the medical group pays attention to the patient's complaint. Medical groups and independent physicians must put a strong process in place for handling patient complaints of injury, including handling patient charges and bills. This process should pay for itself in reduced legal action.

    This question was answered by Michael O'Connell, MHA, CMPE, CHE, senior director of the Cleveland Health Network MSO, LLC, in Independence, OH.

    Back to top


    New ezine: Health Care Auditing Weekly

    Setting up and maintaining an auditing program is never an easy task, but HCPro now offers a free resource that delivers helpful news and advice each week!

    Introducing Health Care Auditing Weekly, the new e-mail newsletter designed for healthcare internal auditors and compliance professionals. Click here to sign up for your complimentary subscription.


    FREE, NO OBLIGATION TRIAL OFFER FOR CLINICAL TRIALS RESOURCE

    "Clinical Trials Compliance," a 12-page monthly newsletter, was created exclusively to provide you and your staff with how-to strategies that are missing from today's clinical trials government regulations. We've got your back, whether it's HIPAA, Medicare billing, FDA, or OHRP regulations. Each issue will provide you with case studies, lawsuit alerts, how-to HIPAA pointers, advice from the most well-respected experts in the field, and much more.

    Click here to register for your three FREE print issues of "Clinical Trials Compliance." Or, call 800/650-6787 and mention source code EN21676A.



    Pay-Per-View article: Medical necessity: Tips for auditing your facility's claims denials

    Claim denials for lack of medical necessity can significantly reduce an organization's bottom line. And hospitals already struggling with medical necessity could see even more denials as fiscal intermediaries (FI) issue new requirements for tests and procedures. . . .

    Go to "Medical necessity: Tips for auditing your facility's claims denials " for the rest of this article. The cost is $10. Subscribers to the online version of Health Care Auditing Strategies have free access to this article. Subscribers to the print edition can find it in their July issues.

    A $30 steal!

    You can read this article-and much more-in the July issue of Health Care Auditing Strategies. Your cost: Three stories for only $30! You'll learn tips for auditing your facility's claims denials for medical necessity, and how to interview and evaluate auditors. Choose between a PDF or HTML version for just $30. Online subscribers have free access to this issue. Print newsletter subscribers can find it in their mailboxes.

    Back to top


    We have a new tool to improve outpatient documentation!

    Did you know that four types of encounters account for over 90% of the facility-based outpatient visits? If your facility is busy with emergency department, diagnostic testing, ambulatory surgery, and observation visits, that adds up to plenty of opportunities to miss appropriate reimbursement due to documentation errors.

    You need the new book, "Guide to Outpatient Clinical Documentation Improvement: The First Step in Revenue Cycle Management" by Ruthann Russo, JD, MPH, RHIT.

    For more information, CLICK HERE and save 10% when you order on line. You may also call our Customer Service Team at 800-650-6787. Please mention source code EB1068A when you call.



    Do we need to send our NPP to patients who can't read it?


    Q: Do we need to send a notice of privacy practices to nursing home patients who are unable to comprehend or read it?

    A: To read the answer to this question, click here.

    Back to top



    Quick survey

    Would you be interested in learning how other organizations structure their compliance, privacy, and risk management functions, set procedures, train new employees, and handle reporting and budgets?

    To submit your answer, go to the Question of the Week at Complianceinfo.com.

    Here are the answers to the last survey:

    Are you concerned that the new outliers rule will have a negative impact on your organization's reimbursement?

    • Yes: 41%
    • No: 38%
    • I'm not sure what impact the rule will have on our reimbursement: 21%

    Back to top


    Share the news!

    You've been benefiting from our informative e-mail newsletter, so why not pass on this resource to your peers? Sign up a colleague and get $20 off your next purchase on HCPro's Healthcare Marketplace!



    Send your comments and questions about Compliance Monitor Q&A to:

    Melissa Osborn
    Managing Editor
    mosborn@hcpro.com



  • Compliance Monitor (c) 2003 HCPro, Inc. You have permission to forward Compliance Monitor, in its entirety only, to your colleagues, provided this copyright notice remains part of your transmission. Better yet, send them to http://www.hcmarketplace.com/free/emailnls.cfm where they can subscribe to the newsletter directly. All other rights reserved. None of this material may be reprinted without the expressed written permission of HCPro, Inc.



    DISCLAIMER Advice given is general, and readers should consult professional counsel for specific legal, ethical, or clinical questions. Users of this service should consult attorneys who are familiar with federal and state health laws.



    SPONSORSHIPS For information about sponsoring Compliance Monitor, contact Margo Padios at mailto:mpadios@hcpro.com or call 781/639-1872, ext. 3145. If you would like further information about any of HCPro's products, including books, seminars, videos, consulting services, or newsletters please visit http://www.hcmarketplace.com



    YOUR SUBSCRIPTION You are receiving this message as a subscriber to Compliance Monitor. If you would like to unsubscribe, please visit http://www.hcmarketplace.com/unsub.cfm?e=compliance-postings@hcpro.com If you do not have web access, please forward this email to: mailto:owner-compliance@hcpro.com and type "Remove compliance-postings@hcpro.com" in the body.



    Copyright 2003 HCPro, Inc.



    Want to receive articles like this one in your inbox? Subscribe to Compliance Monitor!

      Strategies for Health Care Compliance
    • Strategies for Health Care Compliance

      News and real-life examples to increase the effectiveness of your compliance program. Strategies for Health Care Compliance...

    • Compliance Monitor

      This HTML e-mail newsletter delivers news on Medicare and Medicaid fraud and abuse, as well as recent documents and targets...

    • Medicare Weekly Update

      Each issue of Medicare Weekly Update includes the latest CMS proposed and final rules, CMS manual revisions, and...

    • Medicare Update for Physician Services

      Medicare Update for Physician Services is a free, monthly e-zine that delivers news and information to help physician...

    Most Popular

    Related Articles