How Nursing Home Staff Can Help Prevent Medicare Fraud

According to Medicare fraud reports by the U.S. Department of Human Health and Services (HHS), the U.S. Department of Justice’s Medicare Fraud Strike Force team has investigated $7 billion in fraudulent billing since 2007 and prosecuted over 2400 medical professionals and administrators. Part of that amount comes from nursing homes that bill for unnecessary services or for services that have not been provided to the residents that depend on them.

And that fraudulent activity harms nursing home residents as well as our government’s bottom line.

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Government Cracks Down on Hospitals with High Rates of Complications

Since 2008, Medicare has refused to reimburse hospitals for the cost of treating patients who suffer avoidable medical complications. Although technically Medicare can actually expel a hospital with high rates of errors from the Medicare program, this is very rarely done.

However, in 2015, the federal government did cut payments to 721 hospitals which possessed documented high rates of infections and other patient injuries in the previous year. Among the 721 institutions were 2 frequently used by patients in Eastern Pennsylvania – the Hospital of the University of Pennsylvania, in Philadelphia, and Geisinger Medical Center in Dansville, Pennsylvania.

Hospital acquired conditions, or HACs, include infections, blood clots, bed sores, and other complications which are considered avoidable. The penalties levied on the 721 hospitals are estimated to be in excess of $300 million. In 2013, approximately 1 in 8 admissions to a hospital included an HAC. Populations at highest risk are the very young and the very old, as well as those who have chronic diseases which would place them at a higher likelihood of developing an HAC.

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The Key Differences between Medicare and Medicaid

For those unsure or unaware, Medicare and Medicaid are both government health insurance programs. However, they are still different programs, and therefore require different eligibility requirements and different coverage. Essentially, Medicare is a government program designed to provide health insurance coverage for the elderly and disabled. On the other hand, Medicaid is a needs program, which means that it exists to cover the healthcare costs for the very low income individuals.

Medicare is a purely federal government program attached to Social Security. It is available to citizens and certain other legal residents at the age of 65, and also covers people who are disabled under the Social Security guidelines. It is a 4-part program which covers hospitalizations through Part A, outpatient and doctors visits through Part B (more about parts A and B), potentially private plans (Medicare Advantage Plans) through Part C, and prescription coverage, through Part D (more about parts C and D).

Medicaid is a joint federal and state program that covers healthcare costs for low income individuals. Additionally, it covers long-term custodial care for poor and elderly individuals. There is a Medicaid program for each state in the U.S., and the federal government funds up to 50% of the costs of each state’s Medicaid program.

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Determining Eligibility for Medicare Parts C and D

In my last blog, I discussed how to determine eligibility for Medicare Parts A and B. This blog today will focus on Parts C and D.

Medicare Part C, known as a Medicare Advantage Plan, replaces Medicare Parts A and B through a health insurance plan offered by a private insurer. In order to be eligible for a Medicare Advantage Plan, you must already be enrolled in Medicare Parts A and B and must reside in the service area of the insurer with whom you are seeking coverage.

Additionally, if you have a Medicare Advantage Plan you will not need a Medicare Supplemental Plan, as Advantage plans usually cover more than what Medicare Parts A and B cover.

The enrollment period for a Medicare Advantage Plan is the same as the initial enrollment period for Medicare Parts A and B. Alternatively, you can sign up during the Annual Election Period from October 15 to December 7, for coverage effective January 1st of the following year. You can also enroll during a Special Election Period, if you qualify.

Medicare Part C is optional, and there is no penalty for choosing this alternative to the traditional Medicare Parts A and B. In addition, you will continue to make your Medicare Part B premiums even if you enroll in an Advantage Plan. Monthly rates and plan coverage will vary by the insurance company and your specific plan.

Medicare Part D, known as the Medicare Prescription Drug Plan, is prescription coverage and is available through private insurers, like a Medicare Advantage Plan, and it is completely optional. To be eligible to enroll in a Medicare Prescription Drug Plan you must have Medicare Parts A and B, and live in the service area for the plan in which you wish to enroll.

If you have any questions about Medicare and retirement benefits, it is recommended that you speak with experienced legal counsel to discuss your situation.

Qualifications for Medicare Eligibility for Parts A and B

Medicare is often discussed on the news, but very little time is spent explaining how precisely patients can qualify. Medicare Part A covers inpatient hospital stays or care in a skilled nursing facility. Medicare Part B covers outpatient medical care, such as doctor visits. In order to qualify for Medicare Part A and Part B, you must be a U.S. citizen or a permanent legal resident for at least 5 years.

In addition to this, you must also meet at least one of the following criteria:

  1. You are age 65 or older and are eligible for Social Security – You become eligible for Social Security at age 62. There is a possibility that you may be eligible for Social Security benefits at an earlier age because you have a disability pursuant to the Social Security guidelines. If you are already receiving Social Security benefits, you will automatically get Parts A and B when you become 65. If you are not already receiving Social Security benefits, however, you must sign up for Medicare. You can do sign up three months prior to your 65th birthday, but no later than three months after your birthday. If you sign up at a later date, you will pay a higher premium for your Part B benefit.
  2. You become permanently disabled and receive disability benefits for at least two years –You automatically get Parts A and B 24 months after Social Security has declared you disabled.
  3. You have end-stage Renal Disease – This means you have permanent kidney failure and require dialysis or a kidney transplant. You must apply for Medicare if you meet this criterion. Enrollment is not automatic.
  4. You have ALS (Amyotrophic Lateral Sclerosis a.k.a. Lou Gehrig’s Disease) – You will automatically get Parts A and B the month your Social Security Disability benefits begin.

If you have any questions about retirement benefits or social security, it is recommended that you speak with experienced legal counsel to discuss your situation.

Medicare Makes House Calls: The “Independent at Home” Project

Medicare is now in its third year of testing their “Independent at Home” project, which was created by the Affordable Care Act. This program provides Medicare’s frailest senior citizen patients, who all suffer from multiple chronic conditions, with house calls by healthcare professionals.

These are Medicare’s most expensive type of patient, because they are often too debilitated or fragile to make the trip into a physician’s office, lab or x-ray facility on a regular basis. The program includes not just visits by physicians and nurses, but also social workers, mobile x-rays and lab work.

On June 18, 2015, Medicare announced that it saved more than $25 million in the first year of the study, because these seniors were able to avoid pricier hospital or emergency room care.

In 2013, Medicare paid for more than 2.6 million customized primary care house call visits, for approximately 8,400 patients, across its 17 programs nationwide. This program was designed to benefit both the patients, who would be able to stay comfortable at home, as well as the physicians. Provided that the physician meets the “Independent at Home” program’s goals, they would qualify for a potential share in government savings. This way, physicians who might lose out on a full day’s worth of in-office patients, and by extension their reimbursements, have a way to supplement their losses on days spent traveling to visit at-home patients.

There is currently pending legislation in Congress to extend the Independent at Home Project for another two years.

Newly Legalized Immigrants may be Eligible for Social Security and Medicare or Medicaid Benefits

Immigrants who receive provisional legal status under President Obama’s new executive orders may be eligible for Social Security and Medicare or Medicaid benefits.  Under the President’s plan, U.S. residents can apply for provisional legal status if they have  lived in the U.S. for at least 5 years, can pass a criminal background check and have paid their share of taxes.

Provisional legal status, which must be renewed every 3 years, would allow qualified residents to obtain legal work permits and a Social Security number.  Consequently, they would pay into Social Security and Medicare through payroll taxes and thusbe eligible for benefits. Only those years after they obtain provisional legal status would count towards Social Security benefits and these individuals would have to work at least 10 years, legally, in the U.S., to receive Social Security Retirement benefits.

Lower Insurance Payments to Healthcare Providers Leads to Increased Medicare Spending

A recent study by researchers at Stanford University and Harvard University has shown that if a private health plan manages to negotiate lower prices with health care providers, they may make up the difference by providing health care to Medicare beneficiaries. The study examined data from more than 300 geographic regions in the U.S., including Medicare spending on inpatient and outpatient care as well as prescription drugs for fee-for-service beneficiaries.  The researchers found that a 10% lower private price for health care services is associated with a 3% increase in Medicare spending per member, per year, and 4.3% more specialist visits.

Rating the Nursing Homes in New Jersey and Pennsylvania

The official U.S. government website for Medicare provides a tool that allows consumers to compare information about nursing homes. It is called Nursing Home Compare, and contains quality-of-care information on every Medicare- and Medicaid-certified nursing home in New Jersey and Pennsylvania.

The tool creates that information based on the “skilled” care that nursing homes provide, which is care given when you need skilled nursing or rehabilitation staff to manage, observe, or evaluate your health status. For example, skilled care includes intravenous injections and physical therapy.

The “Overall 5-Star” Rating System

To rate the nursing homes, the tool uses an “Overall 5-Star” rating system. It assigns 1 to 5 stars, with more stars indicating better quality, across three “domains.” Those domains include: (1) Health Inspections, (2) Quality Measures, and (3) Staffing. The tool reports the ratings in table or profile form. Here is example of a nursing-home profile:

The Domains

The tool generates the rating for the  Health Inspection Domain based health-inspection ratings from the three most recent annual-comprehensive inspections, and inspections instigated in response to complaints in the last three years. It places more emphasis on recent inspections.

It generates the rating for Quality Measures Domain by combining the values on 9 out of 19 Quality Measures. Some of those measures include, for example:

  • the percentage of long-stay high-risk residents with pressure ulcers;
  • the percentage of long-stay residents experiencing a fall with major injury; and
  • the percentage of long-stay residents who self-report moderate to severe pain.

The tool derives those values from clinical data that nursing homes regularly report on a form called the Minimum Data Set.

And finally, the tool generates the rating for the Staffing Domain based on (1) the Registered Nurse (RN) hours per resident day, and (2) the “total staffing” hours per resident day. Total staffing includes: RNs, Licensed Practical Nurses, Licensed Vocational Nurses, and Certified Nurse Assistants. Nursing homes report staffing hours, which are from a two-week period just before the state agency conducts an inspection, to the New Jersey or Pennsylvania state-inspection agency. The agencies, in turn, report those data on Nursing Home Compare.

At Stark & Stark, our nursing-home negligence lawyers dedicate their entire practice to prosecuting nursing-home negligence lawsuits. We highly recommend the Nursing Home Compare tool when trying to assess a nursing home’s quality.

Medicare’s 3-Day Rule

Many older patients, who are on Medicare or in a Medicare Advantage Plan, are shocked when they are hospitalized for less than 3 days only to find out that Medicare will not pay for nursing home coverage following this brief hospitalization.  These patients, who are technically admitted for “observation” for less than 3 full days, are in fact, being penalized for getting well faster than a Medicare patient who spends perhaps 4 or 5 days in the hospital.

Medicare is currently conducting pilot projects in hospitals across the country in which Medicare patients admitted to the hospital for less than 3 days, are permitted to continue their recovery in a nursing home, with payment made by Medicare.  The hope is that providers that drop the 3-day rule can reduce costs or keep them the same while improving the quality of care.  These pilot projects are conducted under a provision of the Affordable Care Act that created the Center for Medicare and Medicaid Innovations to develop ways of improving Medicare.  If you have any questions regarding the rules, contact Stark & Stark today.

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