Data Analytics and Compliance Effectiveness



Similar documents
Risk Adjustment: Key Standards, Developments, and Risks in Medicare Advantage and Beyond

MEDICARE COMPLIANCE TRAINING EMPLOYEES & FDR S Revised

FRAUD, WASTE & ABUSE. Training for First Tier, Downstream and Related Entities. Slide 1 of 24

SCAN Health Plan Policy and Procedure Number: CRP-0067, False Claims Act & Deficit Reduction Act 2005

Center for Program Integrity

Medicare Advantage and Part D Fraud, Waste, and Abuse Training. October 2010

SECTION 18 1 FRAUD, WASTE AND ABUSE

Introductions. Today s Topics 10/12/2015

SUBJECT: FRAUD AND ABUSE POLICY: CP 6018

FRAUD AND ABUSE (SECTION-BY-SECTION ANALYSIS)

Compliance and Program Integrity Melanie Bicigo, CHC, CEBS

Medicare Fraud. Programs supported by HCFAC have returned more money to the Medicare Trust Funds than the dollars spent to combat the fraud.

Florida Health Care Plans Fraud, Waste & Abuse and Compliance Training

MORRISTOWN MEDICAL CENTER INCORRECTLY BILLED MEDICARE INPATIENT CLAIMS WITH KWASHIORKOR

ME DIC BENEFIT INTEGRITY ACTIVITIES IN MEDICARE PARTS C AND D

2/3/2012. Beyond RADV

MEDICARE RECOVERY AUDIT CONTRACTORS AND CMS S ACTIONS TO ADDRESS IMPROPER PAYMENTS, REFERRALS OF POTENTIAL FRAUD, AND PERFORMANCE

CMS Mandated Training for Providers, First Tier, Downstream and Related Entities

2015 Fraud, Waste & Abuse Prevention

Fraud Waste and Abuse Training Requirement. To Whom It May Concern:

MEDICARE DRUG INTEGRITY CONTRACTORS IDENTIFICATION

Federal Fraud and Abuse Laws

MEDICAID AND MEDICARE (PARTS C&D) FRAUD, WASTE AND ABUSE TRAINING

CODE OF CONDUCT. Providers, Suppliers and Contractors

THE FRAUD PREVENTION SYSTEM IDENTIFIED MILLIONS IN MEDICARE SAVINGS, BUT THE DEPARTMENT COULD STRENGTHEN SAVINGS DATA

Medicare Compliance Training and Fraud, Waste, and Abuse Training. Producer Training

MEDICAID AND MEDICARE (PARTS C&D) FRAUD, WASTE AND ABUSE TRAINING

Fraud, Waste & Abuse Prevention Awareness Training

Description of a First Tier, Downstream, and Related Entity

Fraud, Waste and Abuse: Compliance Program. Section 4: National Provider Network Handbook

1 st Tier & Downstream Training Focus

Amy K. Fehn. I. Overview of Accountable Care Organizations and the Medicare Shared Savings Program

Medicare Advantage and Part D Fraud, Waste and Abuse Compliance Training

Medicare Compliance and Fraud, Waste and Abuse Detection and Prevention Program 2015

Fraud, Waste and Abuse Training. Protecting the Health Care Investment. Section Three

Medicare Compliance Program Effectiveness Training - Table of Contents Overview

Program Integrity Fraud, Waste, and Abuse Training

Managing Risk Beyond a Plan's Direct Control: Improving Oversight of a Health Plan's First Tier, Downstream, and Related (FDR) Entities

POLICY AND STANDARDS. False Claims Laws and Whistleblower Protections

Physician Extenders: Know the Compliance Risks Surrounding Midlevel Practitioners. January 24, 2014

The Indiana Family and Social Services Administration

Fraud Waste & A buse

COMPLIANCE PROGRAM GUIDANCE FOR MEDICARE FEE-FOR-SERVICE CONTRACTORS

Health Care Industry Emerging Legal Issues Webinar Series

The United States spends more than $1 trillion each year on healthcare

Accountable Care Organizations

Medicare Fraud, Waste, and Abuse Training for Healthcare Professionals

True Blue HMO SNP Compliance and Fraud, Waste and Abuse Training

Compliance Program Code of Conduct

The Fraud Enforcement and Recovery Act and Healthcare Reform: Implications for Compliance Initiatives and Fraud Investigations

Medicare Fraud, Waste and Abuse (FWA) Compliance Training. ICE Approved: 11/13/09

Fraud, Waste, and Abuse

Fraud, Waste and Abuse Network Pharmacy Training 2011

To: All Vendors, Agents and Contractors of Hutchinson Regional Medical Center

Medicare s Electronic Health Records Incentive Program- Overview

MODULE II: MEDICARE & MEDICAID FRAUD, WASTE, AND ABUSE TRAINING

AppleCare General Compliance Training

Achieving Real Program Integrity 2011 NAMD Annual Conference

Medicare Program; Reporting and Returning of Overpayments. AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

How To Report Fraud At Care1St

Standards of Conduct for First Tier, Downstream, and Related Entities (FDR)

Fraud, Waste and Abuse Prevention Training

A Roadmap for New Physicians. Avoiding Medicare and Medicaid Fraud and Abuse

C O N F I D E N T I A L A N D P R O P R I E T A R Y. Page 1 of 7 Title: FRAUD, WASTE, AND ABUSE POLICY

Page: 1 of 5. Pharmacy Fraud, Waste and Abuse Policy. 1.0 Compliance Assurance. 2.0 Procedure

BlueCross BlueShield of Tennessee Senior Care Division and Volunteer State Health Plan

Presentation to the Senate Finance Medicaid Subcommittee: Prevention and Detection of Fraud, Waste and Abuse

Fraud and Abuse and Program Integrity Provisions. in the Health Care Reform Law

HPC Healthcare, Inc. Administrative/Operational Policy and Procedure Manual

QUESTIONABLE BILLING FOR MEDICARE OUTPATIENT THERAPY SERVICES

FIRST TIER, DOWNSTREAM AND RELATED ENTITIES (FDR) ANNUAL TRAINING

Anti-Fraud Plan. NorthSTAR Contract for Services Appendix 31 9/1/13 through 8/31/15. Appendix 31

Fraud Prevention Training Requirements For Medicare Advantage Plans

Prepared by: The Office of Corporate Compliance & HIPAA Administration

How To Get A Medical Bill Of Health From A Member Of A Health Care Provider

Department of Veterans Affairs Billing Guidelines for Health Care Provided to Veterans and Beneficiaries

VCU HEALTH SYSTEM Compliance Program. Updated August 2015

Fraud, Waste & Abuse. UPMC Health Plan Quality Audit, Fraud, Waste & Abuse Department

UPDATED. Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs

Policies and Procedures SECTION:

Provider Training Series The Search for Compliance Annual Mandatory Training for all Providers

Accountable Care Organizations

Department of Health and Human Services. No. 29 February 12, Part III

IN PRINT. Keri Tonn Fed. Reg (Sept. 30, 2008) Fed. Reg (Mar. 16, 2000).

ADMINISTRATION POLICY MEMORANDUM

Medicare Enrollment Changes in 2010

Overview, Guidance & Training: Medicare Fraud, Waste & Abuse

OFFICE OF INSPECTOR GENERAL

BLESSING CORPORATE SERVICES QUINCY, ILLINOIS

Fraud, Waste and Abuse CareMore s Program for Prevention, Detection and Response C A R E M O R E M E D I C A L E N T E R P R I S E S

The Brody School of Medicine Policy and Procedure Manual

Our Lady of Lourdes Health Care Services, Inc. and Affiliates Administrative and General Policy POLICY NUMBER: AS0019CCP. PAGE NUMBER: 1 of 9

FDR Oversight: How Do You Do It All (Or Not)?

January 14, Dear Chairman Issa:

The False Claims Act: Hospital Strategies to Avoid Business Ending Fines

Title V Preventing Fraud and Abuse. Subtitle A- Establishment of New Health and Human Services and Department of Justice Health Care Fraud Positions

)1VC(~J1~J~l AUG 1 ~,U08. Sincerely, Report Number: A-OI Dear Ms. Favors:

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

Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005

Medicaid Fraud and Abuse Investigations, Prosecutions and Compliance Strategies

Transcription:

Data Analytics and Compliance Effectiveness Julie Nielsen, Berkeley Research Group Stephen Sullivan, O Melveny & Myers HCCA South Atlantic Regional Conference Orlando, FL February 7, 2014 This presentation does not constitute legal advice. If you have questions regarding any transaction, please consult with inside counsel, who may confer with outside counsel depending on the facts. Discussion Topics What is data analytics and why is it important? Trends in the government s use of data and impact of new regulations Key challenges and considerations when using data for compliance monitoring 2/7/2014 2 1

What is Data Analytics? Data Analysishas been defined as, the process of systematically applying statistical and/or logical techniques to describe and illustrate, condense and recap, and evaluate data. [1] Why is data analytics important in health care? Improve clinical effectiveness Quality of care Outcomes Readmissions Patient safety Patient satisfaction Reduce costs and increase operational efficiency and financial performance Monitor compliance and mitigate enforcement and litigation risks Source: [1] http://ori.hhs.gov/education/products/n_illinois_u/datamanagement/datopic.html, accessed January 8, 2014. 2/7/2014 3 Where is Data Analytics Heading? Historically, the government has used a pay and chase approach to detecting fraud, waste and abuse using data analytics on limited and disparate data sets This is all changing Big Datais a popular term used to describe the exponential growth and availability of data, both structured and unstructured Structured data examples: claims, enrollment, payroll Unstructured data examples: email, documents, social network posts Predictive modelingis a statistical process by which historical data is analyzed to determine the likelihood of a future event; examples include: Determine a patient s risk of developing a specific medical condition and beginning preventive care to offset that risk Identifying patients who are more likely to be non-compliant with medications Identifying patients with a greater likelihood of readmission Catching a greater percentage of fraudulent or wasteful claims pre-payment and settling legitimate claims more quickly 2/7/2014 4 2

Where is the Government Heading? Data Collection EHR incentive payments Encounter data collection from Medicare Part C and Medicaid managed care plans CMS integrated data repository Joint public/private fraud prevention collaboration Fraud, Waste and Abuse Detection and Prosecution Expansion of the False Claims Act Expansion of the Anti-kickback Statute 60-day repayment obligation on overpayments Increased funding for anti-fraud efforts RAC program expansion to Medicare Parts C and D and Medicaid Requirement to use predictive analytics 2/7/2014 5 How is the Government Getting There? 2/7/2014 6 3

Example: OIG Work Plan for 2013 Hospitals Same day readmissions Compliance with Medicare s transfer policy Duplicate graduate medical education payments Physicians Noncompliance with assignment rules and excessive beneficiary billing Error rate for Incident-to Services performed by non-physicians Long-term care Use of atypical antipsychotic drugs Questionable billing patterns for Part B services Medicare Part C Sufficiency of documentation to support diagnosis under risk adjustment program CMS oversight of data quality and accuracy Note: 2014 Work Plan is scheduled to be released in January 2014. 2/7/2014 7 Compliance and Enforcement Trends Medicare Parts A & B Kernan Hospital (2011): False Claims Act complaint alleging that a hospital engaged in systematic upcoding by (a) pressuring and leading physicians to diagnose patients with malnutrition (e.g., by placing purportedly improper sticky notes in patient charts) and (b) causing coders to suspend their independent coding judgment (e.g., by utilizing coding software that allegedly led coders to select the most severe form of malnutrition regardless of physicians documented specificity) Physician Medicare Payments: January 2014 notice in the Federal Register that CMS will make case-by-case determinations as to whether exemption 6 of the Freedom of Information Act applies to a given request for amounts paid to individual physicians 60-Day Overpayment Rule: For Medicare Parts A & B, CMS has proposed: 10-year look-back period Duty to take affirmative investigative action related to potential overpayments Timely and reasonable inquiry E.g., compliance hotline complaints create an obligation to timely investigate the matter 2/7/2014 8 4

Compliance and Enforcement Trends Medicare Parts C & D Janke (2010): $22.6M false claims settlement following allegations that the defendants submitted codes for Part C reimbursement that were not supported and failed to look for erroneous diagnoses or delete codes upon learning that they were inaccurate Attestation Requirements: e.g., annual requirement that MAOs certify their risk adjustment data is accurate, complete and truthful (based on best knowledge, information and belief) (42 C.F.R. 422.504(1)) Medicare Managed Care Manual: An effective program to control [Fraud, Waste and Abuse (FWA)] includes policies and procedures to identify and address FWA at both the sponsor and downstream or related entity levels in the delivery of Parts C and D benefits. CMS Proposed Guidance: [I]f an MA organization or Part D sponsor has received information that an overpayment may exist, the organization must exercise reasonable diligence to determine the accuracy of this information, that is, to determine if there is an identified overpayment. 2/7/2014 9 Challenges and Considerations 2/7/2014 10 5