Current Pedorthics | March-April 2013 | Vol. 45, Issue 2 | Page 10

F R O M T H E EXECUTIVE DIRECTOR Brian Lagana PFA Executive Director [email protected] Medicare Documentation Requirements – Business as the New Normal? S ince Medicare’s implementation of enhanced documentation requirements across most of its benefit categories, including the Therapeutic Shoes for Persons with Diabetes benefit, and a subsequent increase in audits of providers and suppliers records, PFA has been asked many times over why and what can be done about it. The bottom line on the increased documentation requirements and increased scrutiny from Medicare’s contracted auditors is that it really is all about the bottom line. Medicare, by way of Congress, is seeking to reduce its outlay for claims as much as possible by utilizing the regulatory tools available to it. Essentially, Medicare – with a budget of about $1 trillion this fiscal year - is broke, and the fix may be to deny as many claims across the entire Medicare program as possible. (Medicare’s foray into competitive bidding is another way to reduce spending but still fulfill its Congressional mandate to service its beneficiaries – the recently announced competitive bid price for mail order diabetic supplies is a perfect example.) Hence, the enhanced documentation requirements to ensure medical necessity for whatever is being provided to the patient by a provider or supplier, and the aggressive auditing to ensure that all of the required documentation has been captured and is available for review. What can you, as a pedorthist/supplier, do to ensure that you have as few claims denials as possible? Know first off that physicians that refer Medicare beneficiaries to you are legally required under the Social Security Act to provide you with the documentation necessary to ensure that the claim that you submit for servicing their referred patient is provided to you. Providing you with this documentation is not a violation of the HIPPA privacy rule. Next, ensure that you have all of the required pieces of documentation required by Medicare. A documentation checklist for the Therapeutic Shoes for Diabetes benefit has been created by the Centers for Medicare and Medicaid Services (CMS), and is available through their website at www.cms.gov, or the PFA website in the Information for DMEPOS Suppliers section at www.pedorthics.org. I have heard from members who go so far as to document the devices provided to the patients by making photographs a part of the patient record. We have been asked if it is possible for other practitioner types to sign the Statement of Certifying Physician attesting 8 Pedorthic Footcare Association www.pedorthics.org to the patient’s diabetic condition and the medical necessity for shoes, inserts and modifications. Unfortunately, the requirement that the attestation be signed by an MD or a DO was written into the law that Congress passed in the late 1980s that eventually became the regulation that created the TSD. It would take an act of Congress to change this (and many of the other requirements that you find in the Local Coverage Determinations and Policy Articles for Medicare benefits). Questions about allowing the pedorthists clinical notes to be considered by CMS as part of the overall patient record when determining medical necessity have also been raised. Essentially, CMS looks at pedorthists (and others) who provide lower extremity modalities, including therapeutic shoes, inserts and modifications, as suppliers, and not clinicians. Their thought on this perception is that suppliers have an inherent financial interest in the claim because they receive reimbursement for the items that they dispense to the patient, and thus a conflict of interest in being able to self-document in support of medical necessity (not solely determining medical necessity). Some of the pedorthists that are most successful in obtaining the necessary documentation and submitting the cleanest claims to Medicare are those that subscribe to the team approach with their referral sources and patients. Building a strong rapport with your referral sources and their staff can go a long way toward maintaining open lines of communications about what you need to be able to service their patients, and educating your referral sources about the importance of their cooperation to you and their patient. Bringing the patient/ beneficiary into the loop and letting them know the critical role that they play as a stakeholder in assisting you to ensure that their doctor provides you what is necessary is important as well, given that they are the ultimate beneficiary of a cooperative relationship between their physician and their DMEPOS supplier. Pedorthists, along with everyone else in the healthcare industry, are burdened by a tremendous load of paperwork. CMS is striving to educate everyone involved in the continuum of care of Medicare beneficiaries as to their roles and responsibilities. However, a little additional outreach on everyone’s part can go a long way towards making the healthcare paperwork monster more manageable. At the end of the day, the patient/beneficiary will be the winner – or the loser – if Medicare continues to hemorrhage providers and suppliers.