Archive for August, 2017

Physicians Can Now Apply for Hardship Exception for QPP

Physicians Can Now Apply for Hardship Exception for QPP

Physicians who have insufficient internet connectivity, “extreme and uncontrollable” circumstances or lack of control over the availability of certified electronic health record technology can begin applying for a hardship exception from the Quality Payment Program (QPP) requirement. The exception is for physicians eligible to participate in the Merit-based Incentive Payment System (MIPS). Hospital-based physicians are considered

Hospital-based physicians are considered special status and do not need to apply for a 2017 hardship exception.

 

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Study: Many Still Sidestep End-Of-Life Care Planning

Study: Many Still Sidestep End-Of-Life Care Planning

Before being deployed overseas for the Iraq War in 2003, Army reservist Don Morrison filled out military forms that gave instructions about where to send his body and possessions if he were killed.

“I thought, wow, this is mortality right in your face,” Morrison, now 70, recalled.

With his attention keenly focused on how things might end badly, Morrison asked his lawyer to draw up an “advance directive” to describe what medical care he did and did not want if he were unable to make his own decisions.

One document, typically called a living will, spelled out Morrison’s preferences for life-sustaining medical treatment, such as ventilators and feeding tubes. The other, called a health care proxy or health care power of attorney, named a friend to make treatment decisions for him if he were to become incapacitated.

Not everyone is as motivated to tackle these issues. Even though advance directives have been promoted for nearly 50 years, only about a third of U.S. adults have them, according to a recent study.

People with chronic illnesses were only slightly more likely than healthy individuals to document their wishes.

For the analysis, published in the July issue of Health Affairs, researchers reviewed 150 studies published from 2011 to 2016 that reported on the proportion of adults who completed advance directives, focusing on living wills and health care power-of-attorney documents.

Of nearly 800,000 people on whom the studies reported, 36.7 percent completed some kind of advance directive. Of those, 29.3 percent completed living wills, 33.4 percent health care proxies and 32.2 percent were “undefined,” meaning the type of advance directive wasn’t specified or combined the two.

People older than 65 were significantly more likely to complete any type of advance directive than younger ones, 45.6 percent vs. 31.6 percent. But the difference between people who were healthy and those who were sick was much smaller, 32.7 percent compared with 38.2 percent.

The Medicare program began reimbursing physicians in January 2016 for counseling beneficiaries about advance-care planning.

This study doesn’t incorporate any data from those changes. Rather, it can serve as a benchmark to gauge improvement, said Dr. Katherine Courtright, an instructor of medicine in pulmonary and critical care at the University of Pennsylvania. She is the study’s senior author.

There are many reasons that people are reluctant to sign a living will. State forms vary, but they generally ask people to spell out what medical intervention they want under various circumstances.

“Many people don’t sign advance directives because they worry they’re not going to get any care if they say they don’t want [cardiopulmonary resuscitation],” said Courtright. “It becomes this very scary document that says, ‘Let me die.’”

Living wills also don’t account for the fact that people’s wishes may change over time, said Dr. Diane Meier, a geriatrician and the director of the New York-based Center to Advance Palliative Care.

“In some ways, the public’s lack of excitement about this is related to the reality that it’s very hard to make decisions about the kind of care you want in the future when you don’t know what that will be like,” Meier said.

Sometimes as patients age and develop medical problems they’re more willing to undergo treatments they might have rejected when they were younger and healthier, Meier said.

“People generally want to live as well as they can for as long as they can,” Meier said. If that means going on a ventilator for a few days in order to get over a bout of pneumonia, for example, many may want to do that.

But if their living will says they don’t want to be put on a ventilator, medical staff may feel bound to honor their wishes. Or not. Although living wills are legal documents, medical staff and family members or loved ones can reinterpret them.

“At the moment, I’m very healthy,” Morrison said. If he were to become ill or have a serious accident, he said, he’d want to weigh life-saving interventions against the quality of life he could expect afterward. “If it were an end-of-life scenario, I don’t want to be resuscitated,” he said.

If someone’s wishes change, the documents can be changed. There’s no need to involve a lawyer in creating or revising advance directives, but they generally must be witnessed and may have to be notarized.

Although living wills can be tricky, experts have no reservations about recommending that people have a health care proxy. Some even suggest, for example, that naming someone for that role should be a routine task that’s part of applying for a driver’s license.

“Treatment directives of any kind all assume we can anticipate the future with accuracy,” said Meier. “I think that’s an illusion. What needs to happen is a recognition that decisions need to be made in real time and in context.”

That’s where the health care proxy comes in. Just naming someone isn’t enough, though. To be effective, people need to have conversations with their proxy and other loved ones to talk about their values and what matters to them at the end of life.

They may tell their health care proxy that they want to die at home, for example, or that being mobile or able to communicate with their family is very important, said Jon Radulovic, a vice president at the National Hospice and Palliative Care Organization.

Some may opt to forgo painful interventions to extend their lives in favor of care that keeps them comfortable and maintains the best quality of life for the time that remains.

“The most important thing is to have the conversation with the people that you love around the kitchen table and to have it early,” said Ellen Goodman, a Pulitzer Prize-winning writer who founded The Conversation Project, which provides tools to help people have conversations about end-of-life issues.

Morrison said he’s talked with his health care proxy about his wishes. The conversation wasn’t difficult, he said. Rather than spell out precisely what he wants done under what circumstances, Morrison is leaving most of the decisions to his health care proxy, if he can’t make his own choices.

Morrison said he’s glad he’s put his wishes down on paper. “I think that’s very important to have,” he said. “It may not be a disease that I get, it may be a terrible accident. And that’s when [not knowing someone’s wishes] becomes a crisis.”

By Michelle Andrews | Kaiser Health News, a nonprofit health newsroom whose stories appear in news outlets nationwide, is an editorially independent part of the Kaiser Family Foundation.

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Is Your HIPAA Contingency Plan Adequate?

Is Your HIPAA Contingency Plan Adequate?

Your response to this question may include one of the following answers:

  1. What in the world is a Contingency Plan?
  2. I think we did that, but I’m not sure where it is.
  3. I know we did one a while back, but we haven’t looked at it in a while.

If any of these responses sound familiar, you will want to get to work. FAST!

HIPAA covered entities are required to protect the integrity, confidentiality and availability of electronic protected health information (ePHI).  In accordance with §164.308(a)(7) of the HIPAA regulations, covered entities are required to develop and maintain a Contingency Plan.  Specifically, covered entities are required to “establish (and implement as needed) policies and procedures for responding to an emergency or other occurrences (for example, fire, vandalism, system failure, and natural disaster) that damages systems that contain electronic protected health information.” The purpose of this requirement is to ensure that entities are able to properly recover or access the accurate health information of their patients and clients during emergencies.

Entities must fulfill this requirement by satisfying “required” and “addressable” standards. Required specifications must be implemented while addressable specifications allow an entity to have more flexibility with regard to how they develop and implement the specification.

A Contingency Plan should include the following:

  1. Data Backup Plan (Required)
  2. Disaster Recovery Plan (Required)
  3. Emergency Mode Operation Plan (Required)
  4. Testing and Revision Procedures (Addressable)
  5. Applications and Data Criticality Analysis (Addressable)

Data Backup Plan

Entities must have internal controls as well as a working relationship with vendors of their information systems to ensure that the entity has the ability to do an up-to-date exact copy backup of its ePHI. The entity should have mechanisms in place to ensure that the backup is performed properly. This backup process must be periodically tested to ensure the integrity of the ePHI.

Data Recovery Plan

A Data Recovery Plan for use in disasters and emergencies must be developed.  Entities should review the HIPAA Risk Analysis to consider foreseeable threats. The Data Recovery Plan should reasonably mitigate any identified threats. In many instances, the entity needs to ensure that the Data Recovery Plan allows workforce members to access ePHI no later than 24 hours after a disaster occurs or a time deemed reasonable by the entity. Employees and staff must be educated with regard to their responsibilities in instances of emergencies when data recovery is warranted.

Emergency Operations Plan

An Emergency Operations Plan must be developed and documented. Entities should solicit the assistance of vendors of information systems that house the entity’s ePHI to devise a plan for how the entity should function during emergencies. This coordination shall include identifying alternate sites for work operations. The Emergency Operations Plan should be tested periodically during increments established by the entities risk management policy.

Testing and Revision Procedures

The Contingency Plan should be assessed and the entity should identify the need for any revisions. This testing should occur at least annually. This process, as well as any revisions that occur as a result of testing, should be documented. Testing shall include, but is not limited to, the disaster recovery plan, data backup plan and emergency operations plan.

Applications and Data Criticality Analysis

The entity must develop and amend their Risk Analysis, as necessary. As threats or vulnerabilities are identified in the Risk Analysis, the entity must work to resolve identified risks. The entity must ensure that contingency plans are included in the Risk Analysis and that vulnerabilities are appropriately addressed.

Where Should You Start?

  1. Develop a risk management group to oversee this process, as well as other HIPAA-related policies and procedures.
  2. Determine where your ePHI is stored and utilized in your entity.
  3. Consider threats to your ePHI. (Ex.) fires, flooding, hurricanes, tornadoes
  4. Develop procedures for how your entity will respond to these threats.
  5. Test and evaluate the procedures.

Don’t Forget to Document

Some entities invest considerable time and resources considering how they will respond to disasters and emergencies. Often, they implement procedures that are communicated orally but they fail to document the procedures and fail to develop written policies. Always remember, “if it isn’t written down, it didn’t happen.” Entities must ensure that they memorialize their contingency planning efforts by implementing written policies and procedures.

The absence of a written HIPAA Contingency Plan is indicative of an entity that has 1) not undergone a HIPAA compliant Risk Analysis or 2) has undergone an inadequate HIPAA Risk Analysis. In either case, the entity’s lack of attention to such a critical process could be detrimental to the health of its patients and the entity itself.

To ensure that your entity is complying with federal regulations, please consult a health care compliance professional.

Samarria Dunson, J.D., CHC, CHPC is attorney/principal of Dunson Group, LLC, a health care compliance consulting and law firm in Montgomery, Alabama.  www.dunsongroup.com

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Medical Association Joins 132 Medical Groups to Oppose H.R. 2276

Medical Association Joins 132 Medical Groups to Oppose H.R. 2276

The inclusion of audiologists in Medicare’s definition of “physician” will create confusion.

In May, legislation (H.R. 2276) was reintroduced in the U.S. House of Representatives that would inappropriately provide audiologists with unlimited direct access to Medicare patients without a physician referral and amend Title XVIII of the Social Security Act to include audiologists in the definition of “physician.” More than 132 medical groups and organizations, including the Medical Association and the Alabama Society of Otolaryngology – Head and Neck Surgeons, strongly urge the U.S. House to oppose H.S. 2276.

Click here to read the letter to the U.S. House Leadership

Click here to read H.R. 2276

While audiologists are valued health professionals who work for and with physicians, they do not possess the medical training necessary to perform the same duties as physicians, nor are they able to provide patients with the medical diagnosis and treatment options they require. And, most audiologists practice in the same areas as M.D./D.O. physicians. So, claims that expanding the services provided by audiologists will somehow mitigate projected M.D./D.O. physician shortages are often unsubstantiated.

Bypassing a physician evaluation and referral can lead to missed diagnoses and inappropriate treatment that could cause lasting, and expensive, harm to patients. The Centers for Medicare and Medicaid Services has maintained a position that physician referral is a “key means by which the Medicare program assures that beneficiaries are receiving medically necessary services, and avoids potential payment for asymptomatic screening tests that are not covered by Medicare ….”

Notwithstanding the patient safety concerns associated with direct access, the inclusion of audiologists in Medicare’s definition of “physician” will create confusion regarding the qualifications and training of various health care providers. And, broadening the term “physician” to include non-physician healthcare providers encroaches on the expert status achieved by M.D./D.O. physicians. Audiologists are not physicians and should not be considered as such under the Medicare program.

Click here to read the letter to the U.S. House Leadership

Click here to read H.R. 2276

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To See The World on Two Wheels with Shirley Lazenby, M.D., and Michael Roberts, M.D.

To See The World on Two Wheels with Shirley Lazenby, M.D., and Michael Roberts, M.D.

OPELIKA – Albert Einstein once said, “Life is like riding a bicycle. To keep your balance, you must keep moving.” Moving is one thing the City of Opelika is determined to do…even on two wheels.

In fact, the City of Opelika is working hard to become a bicycle-friendly city for its population of just under 30,000 residents. Currently, Alabama has only one city certified as bicycle-friendly by the League of American Bicyclists…the City of Auburn. The push is coming from a small, yet dedicated group of cyclists led by two physicians – Drs. Shirley Lazenby and Michael Roberts.

“I’ve been biking my whole life. I got involved here with the Opelika Bicycle Advisory Committee because years ago we were THIS close to getting a 17-mile rail-trail,” Dr. Lazenby said. “But now we have all this data on the health benefits of cycling. It really is a good thing! Alabama lags behind all the other states with a #50 ranking in bicycle-friendliness, and we want to change that.”

So, she went to work. What she didn’t realize was that much of the work had already been done but from different angles. Once she was appointed to the Parks and Recreation Board, Dr. Lazenby realized she had the perfect platform for change in her community.

“I was like, ‘I’m in an excellent place to actually make some change and not just be a whiny mom about this.’ I put together a presentation for the Park Board. What I didn’t know until I got more deeply involved was that there was a lot of activity going on in parallel with what I was trying to do. The Central Alabama Mountain Peddlers (CAMP) had already built 17 miles of trails at Chewacla State Park. Cycling and triathlons were becoming more popular. So I did my presentation, and I was expecting some kind of push back from the city, but it didn’t happen. Then, I went to the Auburn Bike Committee to find out what I needed to do next. Joanna Hoit, one of the Auburn board members spoke up and said Opelika already had a Master Bike Plan; she had worked on it years ago! No Opelika city officials were aware of the document when I asked around, and I couldn’t find anything. When the Director of Planning finally found it on a dusty shelf, I realized what happened – September 11th! Opelika’s Master Bike Plan had been presented to the City Council in August 2001 and the world turned upside down a month later. So right there I had a lot of what I needed to get started. The framework was already done.”

With a plan in hand, Dr. Lazenby began her mission to mold the City of Opelika into a bicycle-friendly town. But, it was more than that. It didn’t take very long before she and colleague, Dr. Michael Roberts, realized they were on the verge of a culture shift. Downtown Opelika was undergoing a bit of a renaissance with cool places to hang out after work and dine on the weekends. It wasn’t long before they noticed one business, James Brothers Bikes, was at the center of the cycling culture in their area. This business sells custom bikes, fixes broken ones, and has become the perfect hangout for the Opelika Bicycle Advisory Committee meetings.

“The more people I talked to the more I realized how much the people wanted this. Our mayor wanted this and was already up to speed on what bicycle friendliness would do for your city in terms of economic growth. Here in downtown where we meet, there’s a real resurgence of activity that’s been going on here. When I first met with the mayor, I had really prepared for the meeting. I had packets and papers…I was prepared! But, what I wasn’t prepared for was when the mayor asked me what could the city do for us? I wasn’t expecting that. That was a huge sign that they were behind us in every way,” Dr. Lazenby said. The answer was simple: More involvement from city leaders would be key. Mayor Gary Fuller responded in a big way by leading a Grand Opening ride on the brand new 1.2-mile Destination Downtown Bike Path during Opelika’s celebration of Bike Month this May.

For Dr. Roberts, there’s another reason for the committee to remain diligent in its efforts in the community – advocacy.

“Before there were a lot of good intentions and not a lot of actions, but that seems to be turning around now. I think that we have a lot of potential here. There are a lot of cyclists in this area, it’s a great community that wants this program, so it all comes down to advocacy and being a voice in somebody’s ear that can make the decisions to make it happen. We think it’s important, and so do a lot of others,” Dr. Roberts said. “We want to continue to be a voice for those who cycle to bring awareness of those on the road to be aware, travel safely, more access for those who may not already be cycling but would like to learn because I think that’s one of the big barriers is that cycling may not be seen as a safe sport.”

Dr. Lazenby admits she’s practically spent her entire life on a bicycle. In fact, she didn’t own a car until she was in medical school.

“It’s freedom and mobility, and that’s why I love cycling. No matter the advances in our technology, biking is still cool,” Dr. Lazenby said. Another cool aspect of working with other community leaders is that by looking at this as a social experiment has produced some intriguing results.

In order to be considered by the League of American Bicyclists as a bicycle-friendly community, a community is scored one to 10 in each of five categories: Engineering, Education, Encouragement, Enforcement, and Evaluation & Planning. The Education category for adults may not have reaped a high score, but Coach Chris Rhodes at Morris Avenue Intermediate School found a curriculum to meet the qualifications for grade school children. Bikeology was modified as a six-week unit and piloted for one 5th grade class in 2016 and then extended to the entire 4th grade for 2017 with the ultimate goal to get it to all three Opelika intermediate schools. Coach Rhodes learned a shocking statistic: About 2/3 of his students had never ridden a bicycle.

“We’re in such a tech generation that kids don’t spend as much time outdoors,” Dr. Lazenby said. “The big win here is that we can change an entire generational misstep with this initiative. He got all but six 4th grades riding competently and safely this year. That’s change!”

Dr. Roberts agreed that not only will bringing the designation to the Opelika community be good for the local area, but an awareness of the benefits of cycling will be good for the state as well.

“Eventually we’ll get to a point where enough people enjoy cycling together as a community and we’ll have multi-use paths, not just for cyclists but for walkers and runners. In Alabama, we do a poor job of outdoor recreation. Alabama is a beautiful state, and there’s a lot to enjoy here. We miss out on what we don’t see when we stay inside all the time. I laugh when I hear someone say they don’t want to go to the gym. Well, I don’t want to go to the gym either! I’d rather go for a ride!” Dr. Roberts said.

Tips for Safe Cycling

Use Your Head, Protect Your Noggin

Cyclists who wear a helmet reduce their risk of head injury by an estimated 60 percent and brain injury by 58 percent. That statistic makes sense when you consider the first body part to fly forward in a collision is usually the head, and with nothing but skin and bone to protect the brain, the results can be fatal.

Helmets must meet federal safety standards and should fit securely. This National Highway Traffic Safety Administration video offers instruction on how to properly fit a helmet.

Follow These Rules to Keep Safe

  • Get acquainted with traffic laws; cyclists must follow the same rules as motorists
  • Know your bike’s capabilities
  • Ride single-file in the direction of traffic, and watch for opening car doors and other hazards
  • Use hand signals when turning and use extra care at intersections
  • Never hitch onto cars
  • Before entering traffic, stop and look left, right, left again and over your shoulder
  • Wear bright clothing and ride during the day
  • If night riding can’t be avoided, wear reflective clothing
  • Make sure the bike is equipped with reflectors on the rear, front, pedals and spokes
  • A horn or bell and a rear-view mirror, as well as a bright headlight, also is recommended

For more tips, visit the National Safety Council, the National Highway Traffic Safety Administration and the League of American Bicyclists.

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Free AQAF Assistance: Transition to MACRA’s Quality Payment Program

Free AQAF Assistance: Transition to MACRA’s Quality Payment Program

The Alabama Quality Assurance Foundation (AQAF), located in Birmingham, is a nonprofit consulting firm providing quality improvement assistance to the health care provider market through contract arrangements. Part of AQAF’s contract with CMS is to provide training to clinicians on the Medicare Access and CHIP Reauthorization Act (MACRA), the Merit-based Incentive Payment System (MIPS) or an Alternative Payment Model (APM). The training includes the four categories of the Quality Payment Program (QPP): quality, cost, advancing care information and clinical practice improvement activities, and the goal is to help all Alabama clinicians achieve a positive or neutral Medicare Part B Fee Schedule payment adjustment.

AQAF assists clinicians in understanding the four categories of the QPP: quality, cost, advancing care information, and clinical practice improvement activities. The goal is to help every practice choose its pace to participate so that all Alabama clinicians achieve a positive or neutral Medicare Part B Fee Schedule payment adjustment.

Technical assistance from the staff at AQAF is always FREE and available immediately by emailing TechAssist@Qsource.org, or calling toll-free Monday through Friday at 1-844-205-5540 from 8:30 a.m. to 5 p.m. CT.

For more information about QPP and to check your eligibility, visit https://qpp.cms.gov/.

 

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New Video Shows Physicians How to Avoid Medicare Payment Penalties

New Video Shows Physicians How to Avoid Medicare Payment Penalties

The Quality Payment Program (QPP) is the new physician payment system created by MACRA and is administered by the Centers for Medicare and Medicaid Services (CMS). Because the QPP is new this year, the Medical Association of the State of Alabama and the AMA want to make sure physicians know what they have to do to participate and the QPP’s “Pick-Your-Pace” options for reporting. This is especially important for those physicians who have not participated in past Medicare reporting and programs and may be less knowledgeable about the steps they can take to avoid being penalized under the QPP.

The AMA and the Federation stressed to CMS the importance of establishing a transition period to QPP and, as a result, physicians only need to report on at least one quality measure for one patient during 2017 in order to avoid a payment penalty in 2019 under the Merit-based Incentive Payment System (MIPS).

A new short video developed by the AMA, “One patient, one measure, no penalty: How to avoid a Medicare payment penalty with basic reporting,” offers step-by-step instructions on how to report so physicians can avoid a negative 4 percent payment adjustment in 2019. On this website, ama-assn.org/qpp-reporting, there are also links to CMS’ quality measurement tools and an example of what a completed 1500 billing form looks like.

 

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