October 05, 2009 | Judith Kares | Comments 0
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OIG releases Work Plan for Fiscal Year 2010

The Office of Inspector General (OIG) of the Department of Health and Human Services has just released its Work Plan for FY 2010.  A number of significant issues relating to hospital services covered under Parts A and B are targeted for review.  These areas, as identified in the Work Plan, include the following:

  • Part A hospital capital payments
  • Provider based status for inpatient and outpatient facilities
  • Part A inpatient prospective payment system (IPPS) wage indexes
  • Hospital payments for nonphysician outpatient services under the IPPS
  • Payments to organ procurement organizations
  • Inpatient rehabilitation facility admission of patient assessment instruments
  • Critical access hospitals
  • Medicare disproportionate share payments
  • Duplicate graduate medical education payments
  • Interrupted stays at inpatient psychiatric facilities payments
  • Provider bad debts
  • Medicare secondary payer
  • Reliability of hospital-reported quality measure data
  • Hospital admissions with conditions coded present-on-admission
  • Hospital readmissions
  • Adverse events:  various reviews
  • Payments for diagnostic x-rays in hospital emergency departments
  • Oversight of hospitals’ compliance with the Emergency Medical Treatment and Labor Act (EMTALA)
  • Observations services during outpatient visits
  • Coding and documentation changes under the Medicare Severity Diagnosis Related Group  (MSDRG) system
  • Financial status of hospitals in the New Orleans area

More than half of them focus on the calculation of, with various adjustments to, payment for inpatient services under the IPPS, including whether certain outpatient services provided before or during that stay will be included in the IPPS payment for that stay or will be otherwise payable.  OIG proposed review ranges from the appropriateness of the current methodology for calculating the capital payment (which is designed to cover the costs of equipment and facilities) to the reliability of hospital-reported quality measure data, which will determine whether a hospital is entitled to a full or reduced cost-of-living update to its operating payment during a particular fiscal year.

Other areas targeted for review include some of the most complex decisions that hospitals have to make, including the spectrum of care required—outpatient, outpatient observation and inpatient–and the appropriateness of specific admissions and discharges.

Hospitals are encouraged to review the Work Plan carefully and to follow the OIG’s ongoing activities as they conduct related audits and report the results of those audits.  At the same time, hospitals should begin to proactively review their own operations in the targeted areas to identify any issues that need to be addressed sooner, rather than later.

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Filed Under: OIG

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Judith Kares About the Author: Judith Kares is an instructor for HCPro's Medicare Boot Camp - Hospital Version. Judith has also been involved in the following:

  • Development of comprehensive compliance programs
  • Initial and follow-up risk assessments
  • Development and implementation of compliance training programs
  • Compliance audits and internal investigations
  • Research/advice regarding specific risk areas
  • Development of corrective action programs
Prior to beginning her current legal/consulting practice, Judith spent a number of years in private law practice, representing hospitals and other health care clients, and then as in-house legal counsel. In that capacity, she served first as Assistant General Counsel and Director of the Legal Department for Blue Cross and Blue Shield of Arizona (BCBSAZ) and then as Deputy General Counsel, Regulatory and Contract Compliance, with Blue Cross and Blue Shield of the National Capital Area (BCBSNCA) in Washington, D.C.

In both in-house positions, Judith had primary responsibility for contracting and regulatory compliance. The latter included oversight of federal and state health care programs. BCBSAZ was a fiscal intermediary, a Medicare risk and AHCCCS (Arizona's managed care alternative to traditional Medicaid) contractor, as well as a participating contractor under the national Blue Cross/Blue Shield Federal Employee Program.

Judith is also an adjunct faculty member at the University of Phoenix, where she teaches courses in business and health care law and ethics. She is an advocate for the use of alternatives to traditional dispute resolution, having participated in the volunteer mediation program in the Justice Courts of Maricopa County, Arizona. Judith is a frequent speaker at healthcare-related seminars. In addition to her membership in the State Bar of Arizona and the Tennessee Bar Association, Judith is a member of the American Health Lawyers Association, the Health Care Compliance Association, and the Arizona Association of Health Care Lawyers.

Judith earned her Juris Doctor degree (with high distinction) from The University of Iowa, College of Law and her B.A. (with highest distinction) from Purdue University.

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