Archive for August, 2018

What’s the Biggest Threat to Your Medical Practice? Your Staff!

What’s the Biggest Threat to Your Medical Practice? Your Staff!

Many of us are aware of recent attacks impacting health care entities large and small. As ransomware and other cybersecurity-related crimes are being reported daily, there is a tremendous focus on the “dark web” and how to decrease the likelihood your entity will be impacted by hackers. But as we put systems in place to deal with those security issues, we must not forget about the threat of other malicious actors. These individuals are not strangers who only interact with our computer systems remotely. This threat is much closer. We’re referring to your staff members who may inappropriately access and utilize patient data for personal gain.

Employers generally believe they hire the best candidates. In most instances that is correct. After combing over résumés and doing countless interviews, it is determined the selected individual is a person you can trust and respect. As these individuals prove themselves to be competent and dependable, many of us will place a high level of confidence not only in that person’s ability to perform the job, but also in their character.

As time passes we learn a lot about our colleagues. We learn about each other’s families, interests and life goals. We become invested in our co-workers, and we share in moments of success and disappointment. These events endear us to one another and become the fabric of our working relationships. However, just as this bonding is reflective of our human desire to find commonalities, these relationships can also blind us to a very serious threat. This threat is the impact that these very individuals can have on our entities if they intentionally or inadvertently compromise a patient’s protected health information (PHI). We must constantly remind ourselves good people can do bad things depending on that individual’s circumstances at the time they make a compromising decision.

“Insider threat” is a term used to describe the threat to an entity’s systems or data that originates from within the entity. These “insiders” can be current or former employees, contractors, or business associates who have or has had authorized access to an entity’s systems or data and misuse that access.

Red Flag Behavioral Indicators

When entities endure a significant data breach, they are often in disbelief the incident occurred. Then as they begin the investigation phase, they realize there were behaviors exhibited by the bad actor that should have drawn suspicion.

Here are some behaviors entities should be watchful of:1

  • Works odd hours without authorization; notable enthusiasm for overtime work, weekend work, or unusual schedules which may result in them being able to carry out their illicit activities privately.
  • Remotely accesses the computer network while on vacation, sick leave, or at other odd times.
  • Interest in matters outside the scope of their duties, particularly where patient data may be stored and how that information may be accessed.
  • Unexplained affluence; buys things they cannot afford on their household income.
  • Without need or authorization, takes proprietary or other material like patient information home, via paper records, thumb drives or by emailing information to their personal email accounts.
  • Overwhelmed by life crisis or career disappointments.
  • Paranoia about being investigated; believes there are listening devices or cameras in their homes or workplaces.
  • Disregarding computer policies on installing personal software or hardware, accessing restricted websites, conducting unauthorized searches, or downloading confidential information.

How to Reduce Your Risk

  • Appropriately manage your employees. Entities should pay particular attention to individuals who are disgruntled or who may be undergoing financial hardship. Also, be watchful of employees who show up to work very early or leave very late with no work product to show for the extra time they’ve worked. Additionally, background checks can be very telling. This is especially true for employees whose records identify financial issues like issuing bad checks.
  • Be mindful of security access privilege designations. Only provide employees with the security access privileges they need to perform their job functions. The less access they have to patient data that does not involve them, the less likely they will be able to create large data breaches.
  • Proactively audit user access. Perform audits of user actions to determine who has been remoting into your entity’s computer network or who has been accessing your systems after normal business hours. Review reports of failed log-in attempts to determine whether employees are trying to log into systems they have not been officially granted access to view.
  • Develop and adhere to effective termination procedures. Once you become aware an employee will need to be terminated, make plans to disable their physical and system access such that the terminated employee does not have the opportunity to negatively impact your entity or systems. During the exit interview, make it clear to the terminated employee your entity will not tolerate inappropriate data access and will seek criminal prosecution if it discovers any employees are engaging in such activity.
  • Effective training programs. Ensure your employees are aware of your entity’s privacy and security policies and procedures. Reiterate these principals in training and inform them of the consequences of not adhering to these requirements. Additionally, train employees to be particularly watchful of co-workers who exhibit the behavioral indicators described above. Ensure they know the warning signs and to whom to report their concerns.
  • All insiders are not necessarily in your building. Be mindful that Business Associates and contractors may also have access to your systems
    and data. The activities of these users should be monitored as well. Individuals within those entities should be signing confidentiality agreements at a minimum and Business Associate Agreements, when applicable.

 

Your entity’s designated Security Officer can play a key role in monitoring the electronic behavior of staff members, Business Associates and contractors. Ensure this individual is knowledgeable about your entity’s HIPAA security policies and procedures, and they are following up on audits that identify behaviors that may be placing your patient data at risk. If your entity does not have updated HIPAA security policies and procedures, consider hiring a health care compliance professional to ensure regulatory compliance.

Article contributed by Samarria Dunson, J.D., CHC, CHPC, attorney/principal of Dunson Group, LLC, a health care compliance consulting and law firm in Montgomery, Ala.

References
1 “The Insider Threat”, U.S. Department of Justice Federal Bureau of Investigation; https://www.fbi.gov/file-repository/insider_threat_brochure.pdf
2 “Insider Threats: What every government agency should know and do,” Deloitte Dbriefs, March 2016.

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CDC STUDY: Steep and Sustained Increases in STDs in Recent Years

CDC STUDY: Steep and Sustained Increases in STDs in Recent Years

Nearly 2.3 million cases of chlamydia, gonorrhea, and syphilis were diagnosed in the United States in 2017, according to preliminary data released today by the Centers for Disease Control and Prevention at the National STD Prevention Conference in Washington, D.C. This surpassed the previous record set in 2016 by more than 200,000 cases and marked the fourth consecutive year of sharp increases in these sexually transmitted diseases.

The CDC analysis of STD cases reported for 2013 and preliminary data for 2017 shows steep, sustained increases:

  • Gonorrhea diagnoses increased 67 percent overall (from 333,004 to 555,608 cases according to preliminary 2017 data) and nearly doubled among men (from 169,130 to 322,169). Increases in diagnoses among women — and the speed with which they are increasing — are also concerning, with cases going up for the third year in a row (from 197,499 to 232,587).
  • Primary and secondary syphilis diagnoses increased 76 percent (from 17,375 to 30,644 cases). Gay, bisexual and other men who have sex with men (MSM) made up almost 70 percent of primary and secondary syphilis cases where the gender of the sex partner is known in 2017. Primary and secondary syphilis are the most infectious stages of the disease.
  • Chlamydia remained the most common condition reported to CDC. More than 1.7 million cases were diagnosed in 2017, with 45 percent among 15- to 24-year-old females.

“We are sliding backward,” said Jonathan Mermin, M.D., M.P.H, director of CDC’s National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention. “It is evident the systems that identify, treat and ultimately prevent STDs are strained to near-breaking point.”

Chlamydia, gonorrhea and syphilis are curable with antibiotics, yet most cases go undiagnosed and untreated — which can lead to severe adverse health effects that include infertility, ectopic pregnancy, stillbirth in infants, and increased HIV risk. Prior studies suggest a range of factors may contribute to STD increases, including socioeconomic factors like poverty, stigma, and discrimination; and drug use.

Continued concerns about antibiotic-resistant gonorrhea

The threat of untreatable gonorrhea persists in the United States, and reports of antibiotic-resistant gonorrhea abroad have only reinforced those concerns. Over the years, gonorrhea has become resistant to nearly every class of antibiotics used to treat it, except to ceftriaxone, the only remaining highly effective antibiotic to treat gonorrhea in the United States.

In 2015, CDC began recommending health care providers prescribe a single shot of ceftriaxone accompanied by an oral dose of azithromycin to people diagnosed with gonorrhea. Azithromycin was added to help delay the development of resistance to ceftriaxone.

Emerging resistance to ceftriaxone has not been seen since the dual therapy approach was implemented, and there has not yet been a confirmed treatment failure in the United States when using this recommended therapy.

New CDC findings released today, however, show that emerging resistance to azithromycin is now on the rise in laboratory testing — with the portion of samples that showed emerging resistance to azithromycin increasing from 1 percent in 2013 to more than 4 percent in 2017.

The finding adds concerns that azithromycin-resistant genes in some gonorrhea could crossover into strains of gonorrhea with reduced susceptibility to ceftriaxone — and that a strain of gonorrhea may someday surface that does not respond to ceftriaxone.

“We expect gonorrhea will eventually wear down our last highly effective antibiotic, and additional treatment options are urgently needed,” said Gail Bolan, M.D., director of CDC’s Division of STD Prevention. “We can’t let our defenses down — we must continue reinforcing efforts to rapidly detect and prevent resistance as long as possible.”

A renewed commitment from health care providers — who are encouraged to make STD screening and timely treatment a standard part of medical care, especially for the populations most affected — is an important component to reverse current trends.

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STUDY: Doctor Burnout in Small Practices Is Dramatically Lower Than National Average

STUDY: Doctor Burnout in Small Practices Is Dramatically Lower Than National Average

Physicians who work in small, independent primary care practices — also known as SIPs — report dramatically lower levels of burnout than the national average (13.5 percent versus 54.4 percent), according to a study led by researchers at NYU School of Medicine published online July 9 in the Journal of the American Board of Family Medicine. The findings indicate that the independence and sense of autonomy that providers have in these small practices may provide some protection against symptoms of burnout.

Physician burnout is a major concern for the health care industry. It is associated with low job satisfaction, reduced productivity among physicians, and may negatively impact the quality of care. Multiple national surveys suggest that more than half of all physicians report symptoms of burnout.

Research on physician burnout has focused primarily on hospital settings or large primary care practices. The researchers say that this is the first study that examines the prevalence of burnout among physicians in small independent primary practices — practices with five or fewer physicians.

Researchers examined data collected from 235 physicians practicing in 174 SIPs in New York City. The rate of provider reported burnout was 13.5 percent, compared to the 2014 national rate of 54.4 percent. A 2013 meta-analysis of physician surveys conducted in the United States and Europe found that lower burnout rates were associated with greater perceived autonomy, a quality and safety culture at work, effective coping skills, and less work-life conflict.

“Burnout is about the practice culture and infrastructure in which primary care doctors work. So the obvious question is: what is it about the work environment that results in low burnout rates in small practices?” says Donna Shelley, MD, professor in the Departments of Population Health and Medicine at NYU Langone Health, and the study’s senior author. “It’s important to study the group that’s not showing high burnout to help us create environments that foster lower burnout rates. The good news is that a culture and systems can be changed to support primary care doctors in a way that would reduce the factors that are leading to burnout.”

How the Study Was Conducted

Researchers analyzed data as part of the HealthyHearts NYC (HHNYC) trial, which is funded by the Agency for Healthcare Research and Quality’s (AHRQ) EvidenceNOW national initiative. AHRQ is a division of the U.S. Department of Health and Human Services. The HHNYC trial evaluates how practice coaching or facilitation helps SIPs adopt clinical guidelines for the treatment and prevention of cardiovascular disease.

Each physician answered a multiple choice question with response options indicating various levels of burnout. Options ranged from no symptoms of burnout to feeling completely burned out and questioning whether or not to continue practicing medicine. The question was validated against the Maslach Burnout Inventory, a nationally recognized measure that identifies occupational burnout. Physician respondents were categorized as burned out if they checked one of the last three options in the multiple choice question.

As part of the HHNYC trial, physician respondents were also asked a number of questions about the culture of their practices. The tool used specifically measures “adaptive reserve,” or a culture where individuals have opportunities for growth and the ability to learn from mistakes by talking and listening to each other. Physicians who described this kind of culture in their practice reported lower levels of burnout. According to Dr. Shelley, practices, where employees feel they are included in decisions and have control over their work environment, are referred to as having “high adaptive reserve.”

Dr. Shelley is careful not to minimize the challenges faced by physicians working in solo practices or SIPs. She cites that even though burnout rates are lower, many of these practices are struggling financially, and many of these physicians are on-call all of the time.

“The more we can understand what drives low rates of burnout, the more likely it is that we’ll find solutions to this problem,” says Dr. Shelley. “The hope is that our research can inform ways for larger systems to foster autonomy within practices so that there is space to carve out a work environment that is aligned with doctors’ needs, values, and competencies.”

Dr. Shelley lists a number of the study’s limitations. Since the findings are representative of physicians working in small practices in New York City, the study does not capture burnout rates in other cities across the country. It is also possible that the researchers underestimated the number of hours worked by physicians, since hours worked is associated with burnout. Dr. Shelley also cited the lack of data linking physician burnout to patient outcomes.

In addition to Dr. Shelley, study co-authors include Nan Jiang, PhDCarolyn Berry, PhD; and Gbenga Ogedegbe, MD, MPH, of NYU School of Medicine; Chuck Cleland, PhD, of NYU Rory Meyers College of Nursing; and Batel Blechter of Johns Hopkins University.

The research was supported by the Agency for Healthcare Research and Quality (AHRQ).

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Enterprise Physician Receives Martha Myers Role Model Award

Enterprise Physician Receives Martha Myers Role Model Award

Raised in the rural south Alabama community of Jack, Beverly Flowers Jordan, M.D., FAAFP, is a first-generation college student. Her parents stressed the importance of serving others and worked hard to ensure that their children were able to attend college. Dr. Jordan first expressed her desire to become a physician at the age of 5 and steadfastly worked toward that goal. Her childhood pediatrician, Dr. Joe Herod, was a source of inspiration and encouragement as she pursued her dream. She graduated valedictorian from Zion Chapel High School, her father’s alma mater, while being active in many school and community activities and working on her family farm. Dr. Jordan drew from these roots a firm work ethic, a love of sports and the outdoors, and a joy in caring for others.

Dr. Jordan graduated from the University of Alabama with a degree in Athletic Training. She was able to enjoy her dream school due to an academic scholarship and her work in the Athletic Department. Her love of medicine played a formative role in her development as a physician. She married her husband, Mickey, and they had their first child, Dustin, while she was in college. She was a member of Gamma Beta Phi National Honor Society, the University of Alabama Women’s Honors Program and the A Club.

The University of Alabama team physicians encouraged her to continue her studies and she went on to graduate in 2002 from The University of Alabama School of Medicine through the Rural Medical Scholars Program led by mentor, Dr. John Wheat. While there she was actively involved in the leadership of her class and of the Family Medicine Interest Group, which won the American Academy of Family Physicians Program of Excellence and Family Practice Advocacy Awards. She also served as the Student Board Member of the Alabama Academy of Family Physicians. While in medical school her family suffered the tragic loss of her 16-year-old cousin in a car accident. Because of this experience, Dr. Jordan developed a research project and toolkit to aid in training bystanders in basic trauma techniques. Upon graduation, she was honored with the Research Award for the Tuscaloosa campus of UASOM, the Rural Medicine Award, and the coveted William R. Willard Award.

Dr. Jordan completed her residency at the Tuscaloosa Family Practice Residency Program. During this time, she served as the Resident Member of the Board of Directors of the Alabama Academy of Family Physicians and President of the Resident Section. She spent countless volunteer hours on the sidelines of local high schools and The University of Alabama. She was honored to complete her Sports Medicine Fellowship under the instruction of Drs. James Andrews and Larry Lemak at the American Sports Medicine Institute in Birmingham. During this time the Jordan’s expanded their family with the addition of a daughter, Alison.

The Jordan family moved back home to Enterprise, AL where Dr. Jordan joined Professional Medical Associates as a physician partner in 2006. She is board certified in Family and Sports Medicine. She accepted Clinical Assistant Professorship status at UASOM in 2007 so she could continue to work with medical students and residents. She is active in local church and community groups and serves as the team physician for Enterprise High School. She served as President of the Medical Staff at Medical Center Enterprise and is currently serving on the Board of Directors.

Due to the influence of mentors, Drs. John Meigs, Jerry Harrison, Steve Furr, Jorge Alsip, and Buddy Smith; Dr. Jordan has continued to serve in leadership roles and participate in organized medicine. In 2009, she was elected President of the Alabama Academy of Family Physicians, and currently serves on their Board of Directors. She was elected Vice Speaker of the Medical Association of the State of Alabama in 2012 and went on to serve as Speaker of the House of Delegates and College of Counselors until 2016. She was elected to the Board of Censors of the Medical Association of the State of Alabama in 2016. She served on Alabama’s delegation to the American Medical Association from 2013-2018. She currently serves on the Alabama Joint Committee for Collaborative Practice, the ProAssurance Claims Underwriting Committee, and the Alabama State Committee of Public Health.

In 2014, she was honored with The University of Alabama School of Medicine Young Alumnus of the Year award and in 2015, she received the University of Alabama Jack Davis Professional Achievement Award. Dr. Jordan enjoys traveling and spending time with her family and counts herself blessed to be able to serve her patients and community

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Paying More Money Is Not the Best Way to Retain Great Staff

Paying More Money Is Not the Best Way to Retain Great Staff

Medical practices are painfully in need of keeping their top employees. The time, costs and dangers of recruiting replacement personnel are just part of the issue. Loss of key team members negatively impacts patient care, practice profitability, and staff morale. All administrators agree the retention of a trained, well-performing and mutually cooperative staff is a key to success in medicine. How do you increase your prospects of keeping your “keepers” so that you lose only the ones who needed to go anyway? There are three secrets to success in this area and none require pay raises or bonuses.

Most important is to show them that you respect them. Make them feel valued by your praise of their efforts and character. Try to “catch” them doing something good. Take an employee to the office of another physician in the group and praise some special thing they did recently. Prompt the physicians about special employee efforts and send them off to find and praise the staff member. Write key staff notes of thanks for their sacrificial efforts. Set aside time each week to praise one to three members of your team. Conduct “stay interviews” with select team members. Also, the physicians and practice leadership should be aware of the circumstances in their life. Do they have a child excelling at academics or athletics, are they planning a special vacation, are they approaching empty nest status, are they caregivers to parents or other family members, do they have a special hobby they enjoy discussing, are they saving for a major purchase like a vehicle, boat, or home?

Caring about the lives of your team affirms their value to you. Giving them a $500 bonus deposited into their joint checking account is a currency over which they may have limited control and when it is spent, it is forgotten. Giving them a handwritten note or sincere verbal praise is a “currency” they can keep for their very own and use again and again as they replay the message in their minds. The praise costs your practice a little of your time and a modicum of empathy.

After a culture of merited praise is established, it is easier to correct or discipline them when necessary. Ignoring mistakes or poor conduct is a sign of not caring about the person. Think of the influential family members, teachers and coaches in your life. Weren’t they candid with you about times when your efforts were not your best? If the staff rest in the certainty of your gratefulness for them, they can handle the truth about poor performance from you better. Always praise their character and criticize their actions. In other words, speak to the actions, but don’t attack their character. Avoid a “compliment sandwich” where you say something nice, slip in the problem, and then end with another positive. Be brief, be clear, be firm, but be nice.

New employees need some corrective discussion as early in their employment as possible. Not only is there usually an area for enhancement, but it establishes that you will exercise the right to address them when you deem necessary. For the millennials in your office, this discipline may come as a great shock. They were raised in an era when every child received a participation trophy just for showing up, and as children, they were assured they could be anything they wanted to be. If there were problems at school, their parents went to the school and took care of it for them. Now you are telling them they are special but not in a good way, and their only trophy may be dismissal if the behavior continues. This might be a difficult message to absorb, but you owe it to the great staff to communicate it in a timely manner.

At a recent practice management roundtable, we discussed the fact that some medical staff members underperform until the leadership assigns part of their duties to the better performing staff, so that things get done. Permitting this transfer of work, is unfair to all staff and must be remedied.

With a balance of praise and discipline in place, have some fun at work! Every holiday is a good time to have fun. At Christmas, let them have a contest to decorate a door. For Thanksgiving let them write something about each member of their work area for which they are thankful. Compile the results and share with the staff in a lunch meeting. Halloween, the start of football season, Groundhog Day and anything else is a reason to celebrate. Have each bring a baby photo of themselves, and let the team guess which baby is the staff member, let them send in photos of what they did this summer and have a collage review in the fall of the pictures with narrative by each staff to share the joy, take them bowling, have a new baby “pool” where all can guess the delivery details of an expectant mother on the team, and select secret pals among the staff with a low limit on any expenditures. The point is to permit them to have fun at work. You do not have to entertain them, just give them permission to entertain themselves.

It is essential medical practices provide a fair salary and benefit structure to their staff. Underpaying your people is not compensated by the provision of a good work environment. However, remember people accept a job for the initial pay and benefits, but they remain in a position because they feel appreciated, know their best efforts are expected, and they are encouraged to have fun at their work. Make your practice a place where these three things are true, and you will have a stable, patient-caring and happy staff. It will make everything else you have to do so much more enjoyable.

Article contributed by Sae Evans, Maddox Casey and Jim Stroud, Members, Warren Averett Healthcare Consulting Group. Warren Averett is an official Gold Partner with the Medical Association.

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Do You Record Patient Phone Calls? Here’s What You Need to Know.

Do You Record Patient Phone Calls? Here’s What You Need to Know.

A physician practice recently inquired about implementing a policy pursuant to which the practice would begin recording phone calls to and from patients and referring providers. The practice of recording phone calls is not uncommon. For example, every time you call a customer service number you are informed that the call “may be recorded for quality purposes.” However, there are some legal issues to consider before implementing a policy pursuant to which you record phone calls with patients.

First, from a HIPAA perspective, any entity you contract with to record the calls with patients and to store the recordings will need to sign a Business Associate Agreement, in which such entity agrees to protect the patient information it receives. Failing to obtain a Business Associate Agreement in this instance would be a violation of HIPAA.

Second, there is the question of whether you need to inform the patient the call is being recorded. Alabama is considered a “one-party consent” state, meaning you only need the consent of one party in order to record a call — and that one party can be the party making the recording. Thus, as long as the physician practice is aware of the recording, a patient located in Alabama does not have to be informed the call is being recorded. However, things get more tricky when you are making and/or receiving calls from patients located outside of Alabama.

Other states (including the neighboring state of Florida) are “two-party consent” states, meaning you need the consent of both parties in order to make the recording. If a call is made from a physician practice in Alabama, a “one-party consent” state, to a patient located in Florida, a “two-party consent” state, the general legal consensus is that the physician practice must comply with the more stringent “two-party consent” requirements. Thus, under this scenario, a disclosure would need to be made to the patient located in Florida that the call is being recorded.

Finally, the issue of malpractice liability should be considered. While a phone recording can be helpful in the event of a negative outcome (to prove what information was provided to the patient), it, just like any other documentation, can also be harmful (to prove what information was not provided to the patient). Thus, physician practices considering recording more than routine scheduling calls need to give some thought as to whether such recordings will be helpful or harmful if an issue were to arise. Practices may also want to reach out to their malpractice carriers to see if they have any opinion or policy regarding recording phone calls with patients.

Kelli Fleming is a partner with Burr & Forman LLP practicing in the firm’s Health Care Industry Group. Burr & Forman LLP is a partner with the Medical Association.

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Don’t Get Caught in a Copay Conundrum

Don’t Get Caught in a Copay Conundrum

In the current environment of increasing patient deductibles and copays, the billing and collection of the patient portion of the services you provide is top of mind. In the Department of Health and Human Service’s report dated May 23, 2017, Alabama’s average monthly health insurance premium amounts increased 223 percent from 2013 to 2017, versus the national average increase of 105 percent. In real dollars, average monthly premiums jumped from $178 to $575.

With deductibles and copay amounts increasing as well, it’s becoming more difficult to collect the patient’s portion of the bill. As a provider, you are more than aware of these financial hardships your patients are facing, especially your sicker patients who absolutely need care. You might routinely waive the patient portion of your services because you sense a financial issue. Maybe you treat other physicians or colleagues and write off their portion of the bill as a professional courtesy. You might even provide care to your team of employees at a reduced rate as a perk of their job. But did you know all three of these scenarios can land you in hot water?

These practices, while intended to be a gesture of goodwill, professional courtesy, or “it’s just the way we’ve always done things,” could put you and your practice at risk of violating federal anti-kickback statutes and violating contracts with insurance carriers – not to mention impacting your practice’s financial bottom line.

According to the Office of Inspector General, the federal Anti-Kickback Statute (AKS) is “a criminal law that prohibits the knowing and willful payment of ‘remuneration’ to induce or reward patient referrals or the generation of business involving any item or service payable by the federal health care programs.” Violating the federal Anti-Kickback Statute can lead to criminal penalties and administrative sanctions. The penalties for physicians who pay or accept kickbacks can be up to $50,000 per kickback plus three times the amount of the remuneration in question as well as imprisonment and exclusion from future participation in federal health care programs. The HHS’s A Roadmap for New Physicians: Avoiding Medicare and Medicaid Fraud & Abuse states the following:

“…Where the Medicare and Medicaid programs require patients to pay copays for services, you are generally required to collect that money from your patients. Routinely waiving these copays could implicate the AKS, and you may not advertise that you will forgive copayments.” In this case, the HHS would determine a practice is violating the AKS if their standard practice is to waive copays. Patients would become the referral source and would be receiving the benefit of a waived copay.

From a commercial insurance carrier’s point of view, if you routinely write off patient’s copays and deductibles, you are in essence decreasing the total charge for the service you are providing. A $100 visit with a $20 copay that is routinely waived has now become an $80 visit.

Commercial insurance carriers can view this as a breach of contract, and they have recently been cracking down on enforcement of collections. Commercial carriers can stipulate that copay portion is required to be paid in order to reimburse the practice its portion. If they find out you have been waiving the patient portion for services, they can come back and seek repayment of funds they’ve already paid for those patients.

Profit margins for services are getting smaller and smaller, and as a medical practice in today’s post-ACA world, your bottom line can’t afford the consistent waiver, or poor collection of these copays and deductibles.

To navigate this issue, we recommend you review/update or implement policies and procedures guided by these best practices:

  1. Immediately stop any current practices of routinely waiving or reducing copays and deductibles.
  2. Where financial need is an issue, develop a policy with outlined procedures to document a patient’s financial hardship. Having a patient merely sign a document stating they have a financial hardship is not enough to substantiate the patient’s inability to pay. Have a designated staff person/financial counselor document the patient’s financial need. You need to perform due diligence with the patient to prove they are unable to pay. The HHS’s Roadmap for New Physicians states, “… you are free to waive a copayment if you make an individual determination that the patient cannot afford to pay or if your reasonable collection efforts fail.” Train front desk and billing staff on these policies and procedures to ensure consistent enforcement.
  3. Bill copays and deductibles and make adequate attempts to collect from the patient. We recommend at least three statements and a phone call as a best practice. Document all communication and collection efforts in the patient’s file to provide an adequate audit trail, should you need such information in the case of an audit.
  4. If these three practices bear no fruit, you can write off the patient’s copay or deductible.

As you can see, justifiable circumstances of financial hardship or need are situations where you can discount or waive patient copays. Use these best practices to implement consistent and reasonable policies and procedures. Steer clear of routine waivers and discounts of copays, and you shouldn’t find yourself in a copay conundrum.

The Do’s and Don’ts of Deductibles and Copays

What you should do…

  • Always bill the full amount.
  • Make a reasonable effort to collect from the patient.
  • When a patient states an inability to pay, establish policies and procedures to determine financial need and keep adequate documentation.
  • Work out a payment plan with a patient, or agreement for paying a certain amount each visit.
  • Collect up front rather than later. Each statement sent costs you time and money.

What you should not do…

  • Routinely or systematically write off copays or deductibles.
  • Advertise that you will forgive copays.
  • Accept the “in-network” copays if you are an “out-of-network” provider.
  • Devalue your services by waiving or reducing the copay and deductibles due.

The information in this article is not intended as tax or legal advice. Please contact your lawyer or CPA for specific information regarding your individual situation.

Article contributed by Jenna Roton, CPA, with Jackson Thornton CPAs and Consultants, an official partner with the Medical Association.

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Patients, Doctors Dissatisfied with Electronic Health Records

Patients, Doctors Dissatisfied with Electronic Health Records

Electronic Health Records are intended to streamline and improve access to information — and have been shown to improve quality of care — but a new study shows they also leave both doctors and patients unsatisfied, even after full implementation.

The study, by researchers at Lehigh University and the Lehigh Valley Health Network, surveyed physicians, mid-level providers and non-clinical staff at ob-gyn practices where EHRs were installed and analyzed survey answers given by patients. While there have been studies looking at how EHR implementation affects provider and patient satisfaction, this is the first study of how the integration of outpatient and hospital EHR systems affects provider and patient satisfaction.

Published in the August print issues Journal of the American Medical Informatics Association, the study tracked two ob-gyn practices and a regional hospital from 2009 to 2013, during the implementation of an EHR system and its subsequent integration with the hospital system. The EHR was installed in 2009 and information began flowing from the hospital to the ob-gyn practices in mid-2011. Full two-way exchange of clinical information was achieved a year later.

Ob-gyn practices posed a good opportunity for study because typically a woman will see physicians at her ob-gyn practice multiple times during the pregnancy before being admitted for labor (often seeing different doctors), and on average will have at least one pregnancy-related hospital visit prior to giving birth at a hospital, co-author Chad Meyerhoefer, professor of economics at Lehigh University, said.

Previous to the integrated EHR — digital versions of patient medical records were accessible through computers for some patients and paper records were sent by courier to the hospital for others — transmission of such records often was not made between hospitals and outpatient practices in a timely manner. This meant physicians at the practices might not know about visits to the hospital or test results ordered there and hospital doctors would not have access to the woman’s prior clinical data from outpatient OB-GYN appointments during visits to the hospital’s perinatal triage unit.

“We wanted to study how the EHR affected information flow between hospitals and practices and we chose pregnancy and obstetrics because it is a well-defined period — the prenatal care, birth and post-natal care all occur in a time frame we can capture,” said Meyerhoefer, who co-authored the paper with Susan A. Sherer, Mary E. Deily, Shin-Yi Chou and Jie Chen of Lehigh University and Michael Sheinberg and Donald Levick of Lehigh Valley Health Network. “In pregnancy, information is very important, having information about the patient’s prenatal experience can help to avert adverse events during the birth.”

Surprising Results

Researchers discovered both unsurprising and surprising results.

In theory, while it is understandable that implementation of an EHR would be seen as disruptive initially, by the time the EHR was in regular use, one would expect patients and doctors to report improvements in communication and coordination of care. However, the study showed that even after the EHR was established, both doctors and patients expressed dissatisfaction.

In the early stages, doctors and staff expressed frustration at learning a new system and the time it took to enter information. By the end of the study, staff appreciated ease with retrieving information and doctors felt communication and care were improved. Doctors, however, were also less satisfied by the system overall, citing the time it took to enter data, changes to workflow and decreased productivity.

“It was more of an adjustment for physicians, as it required them to do additional documentation they didn’t have to do before, and it had a bigger impact on their workflow,” Meyerhoefer said.

Patients felt the disruption at the beginning, and continued to feel less satisfied with their experiences after the EHR was fully implemented and was being used.

“Our thought was after the system was implemented and some time had passed and all these new capabilities are added to the system, the patients would see the benefits of that and feel better about their visits,” Meyerhoefer said. “But that didn’t happen.”

Why? Researchers aren’t sure, but one aspect may be that patients would likely have been unaware of improvements to their care and outcomes as a result of the EHR and may not have considered that when describing satisfaction levels, Meyerhoefer said. A previous study by the researchers, which looked at data flow from outpatient ob-gyns to the hospital and back and which information mattered, showed that implementation of an EHR decreased adverse birth events and had a positive effect on birth outcomes.

Changes in administrative practices, documentation, staffing, staff work roles and stress, and doctors’ concerns about productivity goals related to the implementation may also have changed the patient experience, or a patient’s perception of the care experience, in ways patients didn’t like.

“It could also be the case that having the computer documentation be a bigger part of patient interactions may be a negative thing for patients,” Meyerhoefer said. “The need for documentation sometimes takes the focus away from having a personal relationship with the patient.”

Training for Doctors

“The takeaway message is that during these implementations or after you have the system in place, you have to really think about how this is going to affect patients and maybe do training on patient interactions with electronic medical records to head off some of these negative effects,” Meyerhoefer said. This might include training for doctors in how to maintain verbal and nonverbal communication with patients during visits while also collecting or inputting information into a computer.

Also, since the brunt of documentation impact falls to physicians and impacts productivity, adjustments should be made to productivity targets that take that into consideration, researchers said.

In addition to patient experiences, the impacts are important to study and consider because installation of an EHR generally changes the way doctors and staff record and report information, as well as work processes and staffing related to documentation. “It can be a big change, and can be very disruptive,” Meyerhoefer said. Acquiring EHR software is typically a large financial investment for a hospital or health system as well. And even after a system is acquired and used, replacing it with a new system would engender similar adoption issues.

“These findings are specific to OB-GYN patients, but I think these results on satisfaction would carry over to many other types of care, where physicians and other clinical providers will not really see the benefit of a system until the information flow is improved, and there can be persistent negative effects on patient satisfaction,” Meyerhoefer said.

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The work was funded by a grant from the Agency for Healthcare Research and Quality, an agency of the U.S. Department of Health and Human Services, and by a Lehigh University Faculty Innovation Grant.

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FY 2019 ICD-10 Code Changes Released

FY 2019 ICD-10 Code Changes Released

The Centers for Disease Control and Prevention has released the fiscal year 2019 ICD-10-CM code changes, which become effective Oct. 1. The changes include 473 total new code changes with 279 new codes, 143 revised codes, 51 deactivated codes, and 39 additional changes added from a proposed rule list. There are changes to the International Statistical Classification of Diseases and Related Health Problems each year, but it appears the volume of changes may be slowing down.

According to the CDC release notice, the files represent the FY 2019 ICD-10-CM. The FY 2019 ICD-10-CM is available in PDF and XML file formats. Most files are provided in compressed zip format for ease in downloading. These files have been created by the National Center for Health Statistics, under authorization by the World Health Organization.

More information and downloadable material can be found on the CMS website at https://www.cms.gov/Medicare/Coding/ICD10/2019-ICD-10-CM.html as well as the ICD-10-CM Official Guidelines for Coding and Reporting.

The 2019 ICD-10-CM codes are to be used from Oct. 1, 2018, through Sep. 30, 2019.

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Association Special Committee Looks at Solving Manpower Shortage

Association Special Committee Looks at Solving Manpower Shortage

MONTGOMERY – Earlier this week, the Association’s Manpower Shortage Task Force met in person for the first time to begin addressing a resolution adopted by the House of Delegates at the 2018 Annual Meeting in April. The resolution, submitted by the Pickens County Medical Society, directs the Association’s new task force to develop and restore adequate health care manpower in all geographic areas in order to provide quality local health care for all Alabama citizens.

Members of the task force discussed a number of issues but focused on the importance of fully funding the Board of Medical Scholarship Awards, scope of practice, physician pipeline programs, education and the possibility of GME expansion, recruitment and retention of physicians through meaningful tax credits and rural community support, and start-up business models.

Medicaid Commissioner Stephanie Azar and Dave White from the Governor’s Office joined the meeting to hear the concerns of the task force and take their report back to Gov. Kay Ivey.

“Because this was the first face-to-face meeting of the task force, we had a lot of ground to cover,” said Executive Director Mark Jackson. “Naturally there are a lot of concerns about health care shortages in rural areas, but our goal is a long-term solution. The members of the task force realize this isn’t an easy fix, which is why they were willing to express their concerns openly and honestly to the Governor’s staff.”

The task force and the resolution stand as a reminder that Alabama ranks in the last five of 50 states in health status categories, and while primary care medicine is effective in raising health status, supporting hospitals and improving the economic status of disadvantaged communities, the state’s aging population is causing an escalation in need for primary care physicians.

See also Association’s New Task Force to Address Health Care Manpower Shortage

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