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Wachler & Associates Health Law Blog

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CMS Extends Notice of Intent to Apply Deadline for ACO Participation in the Shared Savings Program

The Centers for Medicare and Medicaid Services (CMS) has extended the deadline for submitting a Notice of Intent to Apply to June 29, 2012 for Accountable Care Organizations (ACO) interested in participating in the Shared Savings Program beginning January 1, 2013. CMS will be accepting applications for the January 2013…

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CMS Releases RAC Data: More Than 43% of Overpayment Appeals Returned in Favor of Providers

In June 2012 the Centers for Medicare and Medicaid Services (CMS) released Recovery Audit Program appeals data for fiscal year 2011. The report indicates that of the claim denials appealed, 43.4% were returned in the provider’s favor. In fiscal year 2011, 903,372 claims were determined to be overpayments. Of those…

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Congressional Subcommittee Hears OIG Testimony on Medicare Benefit Integrity Contractors

On June 8, 2012, Robert Vito, Regional Inspector General for Evaluation and Inspections at the U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG), testified before the House Energy and Commerce Committee: Subcommittee on Oversight and Investigations. The testimony focused on the current OIG assessment of…

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Federal District Court Overturns Part B Claim on Judicial Review

On May 29, 2012 the United States District Court for the Eastern District of North Carolina overturned the Medicare Appeals Counsel’s (MAC’s) decision regarding one evaluation and management (E/M) service claim. Six years earlier, a CMS Program Safeguard Contractor audited Dr. Ojebuoboh. It was determined that the government had overpaid…

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HHS Releases Memo to Consumers Highlighting HIPAA Rights to Access Health Records

On May 31, 2012, Department of Health and Human Services (HHS) Director of the Office of Civil Rights Leon Rodriguez issued a memo to consumers regarding those consumers’ right to access their protected health information and medical records. In this memo, Rodriguez stressed that it is important for consumers and…

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State AG HIPAA Training Materials Available Online

The Office of Civil Rights (OCR) announced yesterday that its Health Insurance Portability and Accountability Act (HIPAA) Enforcement Training tools would be available to the general public today, June 5, 2012. Since 2009, as part of the Health Information Technology for Clinical and Economic Health (HITECH) Act, State Attorneys General…

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CMS to Release Comparative Billing Reports for Home Oxygen Services

The Centers for Medicare and Medicaid Services (CMS) has announced it will release a national provider Comparative Billing Report addressing Home Oxygen Services. The release is scheduled for June 26, 2012. The CBRs are produced by Safeguard Services under contract with CMS and will provide comparative data to help show…

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Recent RAC Activity

On May 29, 2012, Connolly added new approved issues to its Approved Issues List for providers in Region C states. The new approved issues are across five categories and include: • Medical Necessity: Other O.R. Procedure of the Blood & Blood Forming Organs MS-DRG 802, 803, 804 W/MCC, W/CC, w/o…

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CMS to Release Comparative Billing Reports for Evaluation and Management Services

CMS (Centers for Medicare & Medicaid Services) expects to publish Comparative Billing Reports (CBRs) on Evaluation and Management (E/M) Services on June 4, 2012. Since 2010, CMS, through Safeguard Services (SGS), has produced national comparative billing reports in select fields. These comparative studies are designed to help providers review their…

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Knowledge of Illegality Not Required For Criminal Charges Under HIPAA

On May 10, 2012 the United States Court of Appeals for the Ninth District decided that criminal charges under the Health Insurance Portability and Accountability Act (HIPAA) do not require that an individual have knowledge that their actions are illegal. The case, United States of America v. Zhou, is the…

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