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Wachler & Associates Health Law Blog

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OMB Issues Report to Congress Warning of $11.1 Billion Medicare Cut

On September 14, 2012 the Office of Management and Budget (OMB) issued a report to Congress pursuant to the Sequestration Transparency Act of 2012 (STA). The report indicates that under the Budget Control Act of 2011 (BCA), Medicare spending could be cut by almost $11.1 billion in fiscal year 2013…

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CMS to Conduct Special Open Door Forum on Medicare’s Prior Authorization for Power Mobility Devices Demonstration

On Wednesday, the Centers for Medicare & Medicaid Services (CMS) will host a Special Open Door Forum (ODF) to provide healthcare suppliers and providers an opportunity to learn more and ask questions about Medicare’s Prior Authorization for Power Mobility Devices Demonstration Program. CMS’ new demonstration program, which applies to orders…

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Ninth Circuit Decides RAC Reopening is Not Subject to Appeal

On September 11, 2012 the United States Court of Appeals for the Ninth Circuit held that a Recovery Audit Contractor’s (RAC’s) initial decision to reopen a claim is not subject to judicial review. The case, Palomar Medical Center v. Sebelius, involved Palomar Medical Center arguing that a RAC has to…

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OIG Report Finds Overpayments to Inpatient Rehab Facilities

On September 4, 2012 the Department of Health and Human Services Office of Inspector General (OIG) issued a report in which it found that during calendar years 2009 and 2010 Medicare made overpayments to Inpatient Rehabilitation Facilities (IRFs) totaling an estimated $8.4 million. The Centers for Medicare and Medicaid Services…

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Name Change for Region A RAC

On August 15, 2012 the Recovery Audit Contractor (RAC) for Region A changed its name from Diversified Collection Services (DCS) to Performant Recovery, Inc. According to the website, processes, people, and contact information will remain the same. If you have questions about Recovery Audit Contractors, or need assistance defending a…

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CMS Releases Follow-Up Comparative Billing Reports for Podiatry Services

On September 12, 2012, the Centers for Medicare and Medicaid Services (CMS) released a national provider Comparative Billing Report (CBR) targeting podiatry services. The CBRs will be released to a maximum of 5,000 podiatry service providers. This is the second time in which podiatry services have been the focal point…

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OIG Issues Unfavorable Advisory Opinion Regarding an Ambulance Supplier’s Proposal to Waive Cost-Sharing Amounts for Part-Time Emergency Medical Services

On September 4, 2011, the Office of Inspector General (“OIG”) issued an unfavorable advisory opinion (Advisory Opinion No. 12-11), which addressed an ambulance supplier’s proposed agreement with a municipality to waive cost-sharing amounts for emergency medical services (“EMS”). The requestor of the opinion, a for-profit provider of basic life support…

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Comparative Billing Reports Sent to Skilled Nursing Facilities

The Centers for Medicare and Medicaid Services (CMS) recently released Comparative Billing Reports (CBRs) to Skilled Nursing Facility (SNF) providers. The CBRs are released to a maximum of 5,000 providers. CBRs can be an effective way to identify potential audit weaknesses and take corrective action before an audit. SNFs that…

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AHA Survey Shows RAC Denials Up in 2nd Quarter

On August 22, 2012 the American Hospital Association (AHA) published the results of a survey which indicates that Recovery Audit Contractor (RAC) claim denials were up in the second quarter of 2012 from the first quarter. The results of the survey include data collected from more than 2,000 hospitals nationwide.…

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DOJ Contacts Hospitals About Improperly Billed Heart Implants

The Department of Justice (DOJ) reportedly set an email to hospitals nationwide on August 30, 2012 instructing them to examine implantable defibrillator surgeries covered by Medicare to determine if they were improperly billed to Medicare. The email, as reported by modernhealthcare.com, included a “resolution model” with instructions for hospitals to…

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