Archive for January, 2012

Charity Golf Tournament — June 4, 2012

Tuesday, January 31st, 2012 by Administrator

Join us for the 4th Annual KeaneyShack Golf Tournament to benefit the Haiti Orphan Project (HOPE) and other charitable organizations.  Our past events have raised over $10,000 per year for these important causes.

This year’s outing at Westborough Country Club on June 4th promises to be another exciting day of fun with delicious food & beverages, CaddyShack Trivia, incredible giveaways and prizes (along with some golf) on an excellent course in Kirkwood.  Mark your calendar today so you don’t miss out!  Contact Monte Shields for registration information.

The ACO Controversy

Wednesday, January 25th, 2012 by Administrator

The current discussion in the health care world over Accountable Care Organizations (ACO) will soon develop into a debate about their value and sustainability.  One side seems to think that ACOs will help solve our national health care crisis, while the other side criticizes the idea as just another program muddying the waters and confusing patients.  Some say ACOs are not going to be cost-effective and that they will be tossed out in the long run, while others tout them as the best way to provide quality care for Medicare patients.

ACOs, designed to improve care and save millions of dollars, are just one of the multitude of initiatives coming out of the Affordable Care Act of 2010.  The Health Care Reform package rolls out new programs for four years and beyond and first on the list for 2012 is the formation of ACOs.  The idea is that by providing incentives for physicians, hospitals, and other health care providers to join together and coordinate patient care and reduce hospitalization, Medicare and Medicaid patients will receive better quality care at reduced costs.  Centers for Medicare and Medicaid Services (CMS)  Administrator, Don Berwick, M.D. says, “Improving coordination and communication among physicians and other providers and suppliers through Accountable Care Organizations will help improve the care Medicare beneficiaries receive, while also helping lower costs.”  You can watch a video of Dr. Berwick’s 2011 announcement of the program here.

It is projected that these collaborating groups will save Medicare $960 million over three years in combining care by different medical specialties into one group.  Proponents say that if doctors and other providers work together and take responsibility for Medicare beneficiaries in a group, the cooperative effort will help reduce hospital admissions and unnecessary procedures.  The current system rewards doctors for doing more procedures and hospitals for keeping beds full.  According to CMS, the proposal is to pay based on outcomes, while still providing a fee for services performed.  The groups are formed on a voluntary basis by providers and, unlike Managed Care Organizations, ACOs give patients more choices rather than limitations.

Because the majority of Medicare patients suffer from multiple conditions, they usually receive care from multiple providers and clinics.  When a patient with arthritis, high blood pressure, and diabetes sees four or five different physicians who don’t communicate with one another, care is often duplicated and the risk for errors is increased.  Many of these patients are frustrated by their lack of control over their health care.  The goal of the ACOs is to eliminate that frustration by giving physicians within an ACO better information about their patients’ medical history.  Treatment, medical records, charts, prescriptions and other patient information will be shared among the group.

The incentive for the physicians is that providers keep a portion of the money saved.  CMS will monitor ACOs for quality and cost-efficiency.  Where costs are reduced, a percentage will be given back to the group.  Exactly how this will work is still not very clear, but defenders of the plan say it will significantly increase the health care provider’s bottom line.  Opponents argue that the incentives are actually very small and would be of little help offsetting the reduction in Medicare reimbursements on the horizon. 

Additionally, the start-up costs for a 200-physician ACO are projected by the American Hospital Association (AHA)  to be anywhere from $1 million to $11 million.  While it has been proposed that advanced payments be given to help with start-up, contestants claim that the incentives offered are not nearly enough to pay for the initial investment required.  Group administrators and physicians need to consider many aspects of the changes that may occur when applying for ACO status: Technology, computer systems, electronic medical records systems, data integration, privacy, security, administration, staffing, and management of the group.  It appears that it could take years to recover the costs involved in getting an ACO off the ground.  

Because of the expense of forming an ACO, early indications are that hospitals are more likely to be able to afford the upfront costs.  In fact, one report shows that 60% of the current 164 identified ACOs are hospital-sponsored while only 23% were formed by physicians.  The rest are attributed to health plans and other organizations.  But the program is still new and we may see more physician groups forming ACOs as the results are reported.  Some may see this as an opportunity, while others may reject the idea altogether. 

If you are considering forming or becoming part of an ACO, please contact your Keane representative to discuss the impact this change may have on your medical malpractice insurance.  We are keeping a watchful eye on the developments and working with the insurance companies to determine how to best cover these groups.

We’d like to hear from you!  As a physician or an administrator, what’s your opinion of the pros and cons of ACOs?  Are they the future of our healthcare system?  Or here today gone tomorrow?

RAC Audits Recover $4 Billion in 2010

Friday, January 20th, 2012 by Administrator

The $4 billion in taxpayer money recouped from physicians for Medicare and Medicaid improper payments is the highest amount since the program began in 2003.  Over the past 6 years, the U.S. government has stepped up its efforts to recover funds from over billing and fraud by health care providers, and it appears that 2011 will be another record year.  Is your practice prepared for the possibility of a RAC Audit?

Who Can Be Audited?

Any type of medical practice or health care provider can be subject to a RAC Audit.  The Centers for Medicare and Medicaid Services (CMS) contract with private entities, Recovery Audit Contractors (RAC), to perform audits searching for overpayments made to physicians and then collect the money. The contractors are also looking for underpayments, but they are paid a percentage of the funds recovered and returned to CMS.  As the government focuses on cutting costs and reforming healthcare, the RAC program has become more and more aggressive.

Although the main concern of the program is to find errors in coding, billing, or payment rules, a RAC Audit in itself doesn’t mean that fraud has been committed.  Many of the over payments are the result of simple mistakes in billing.  The billing codes that are used by Medicare and Medicaid are complicated and often confusing.  A mistake made by health care providers can mean severe fines and penalties, and where an auditor finds a possibility of fraud they are required to notify law enforcement agencies within the state.

Which States are Targets?

The RAC program was initially created by Congress as a demonstration in only 3 states, but because of its success, as of 2010 it has been mandated in all 50 states.  According to the Department of Health and Human Services Inspector General’s Office, the states with the highest amount of recovered funds in 2010 were New York, Texas, Florida, California, and Ohio.  But they are working assertively in all states.  Medicaid fraud recoveries reached $20 million in Missouri, the state with the highest ratio of money collected to money spent.  With the promise of millions of dollars, there can be no doubt that the government will become more forceful, and the RAC contractors will become more insistent on finding improper payments.  But are the findings always correct?

Physicians Can Challenge RAC Audits

One of the most frustrating issues concerning RAC Audits is that in many cases mistakes are made by the auditors.  When this happens it is extremely difficult and time consuming to correct the mistake and make things right, but physicians have successfully challenged RAC Audits.  For example, a physician office in California was reviewed in 2009 to determine the appropriateness of Medicare payments.  The audit alleged that the doctor was “over-utilizing” certain procedure codes and calculated that they had overpaid the doctor $751,000, which would have to be paid back.  After fighting the claim for over 2 years, and going through a process of appeals and appearances in court, the review findings were dismissed and it was determined that Medicare actually owed the physician money.  This would be considered a victory if it weren’t for the time lost and the $150,000 in attorney fees spent out of the physician’s own pocket.  There are plenty of examples like this one all over the country, and health care providers need to protect themselves from potential problems.

Our Medefense Plus Policies Protect Against RAC Audits and More

The Keane Insurance Group offers an insurance policy to protect physicians against RAC Audits and other governmental proceedings.  Our Medefense Plus policy covers legal expenses, fines, and penalties arising from actual or alleged billing errors.  Coverage extends to allegations made by governmental agencies and their contractors.  Liability limits can be written as low as $100,000 and up to $1M and above.  The policies can be obtained by individual physicians as well as groups.

The Medefense Plus policy also covers defense expenses and fines relating to HIPAA violations, STARK, and EMTALA proceedings.  The coverage can be extended also to Cyber Liability such as breach of privacy, identity theft, and loss of printed or electronic data.  Contact your Keane representative if you have questions or if you’d like a quote and application.

What is Employment Practices Liability Insurance?

Wednesday, January 18th, 2012 by Administrator

What would you do if you were sued by an employee for discrimination, wrongful termination, or sexual harassment?  As soon as you hire even one employee you take on the risk of being held liable in an employment practices lawsuit.  These cases are becoming more prevalent in the U.S. and they stare down many different kinds of employers.  An estimated 3 out of every 5 businesses will be sued by one of their own employees, whether or not that employer is actually at fault.  An employer can be held liable for an employee’s action toward a third party, even when the employer has done nothing wrong.  Further, over 60% of employers that have fired an employee have faced a wrongful termination lawsuit.

 Obviously, this type of suit can happen anywhere, but statistics show that it’s more likely to happen to a small employer’s office than a large corporation.  You need an insurance policy to protect your medical practice against Employment Practices Claims.  Your Medical Professional Liability Insurance will not cover these claims.

 What Does the Policy Cover?

Employment Practices Liability Insurance (EPLI) covers claims made by employees or former employees for age, race, disability, or sex discrimination.  The liability limits for an EPLI policy vary but typically start at $500,000.  EPLI also includes coverage for other allegations such as sexual harassment, wrongful termination, third-party discrimination or harassment, and violations of the Fair Labor Standards Act (FLSA).  The policy covers defense costs as well as the loss.  This is important coverage because the average cost to defend an EPL claim is $150,000.

 You could be at risk even if you haven’t violated any laws.  Many of the EPL claims are made by disgruntled former employees who want to get back at their employers for one reason or another.  Even if the claim has no merit, the costs of time and money to defend against it add up quickly. 

The Keane Insurance Group offers Employment Practices Liability Insurance for medical practices at reasonable rates.  Contact your Keane representative to get a free quote.

 You may also want to consider additional coverage for Cyber Liability,Data Breaches,  HIPAA Violations, RAC Audits, and Loss of Data through our Medical Defense Policy.  We can provide coverage for your office contents, General Liability, and Worker’s Comp through Business Office Package Policy (BOP).  Let us know how we can be of service to you!