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Wachler & Associates Health Law Blog

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Check the RAC!

Providers and suppliers that receive request letters from Recovery Audit Contractors (RACs) should ensure the following: The claims selected involve issues approved for review on their RAC region’s approved issues list. The request letters meet the timeframes and medical record limits set by CMS. The particular claims at issue have…

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Healthcare Reform’s Changes to Home Health Certification and DME Certification

The healthcare reform legislation included changes for home health and DME providers. First of all, DME or home health services may only be ordered for Medicare beneficiaries by Medicare enrolled physicians or eligible professionals. In addition, Medicare enrolled physicians are required to have a face-to-face encounter with a patient prior…

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The Healthcare Reform Bill Amends Civil Monetary Penalties Law

The Health Reform bill, or the Patient Protection and Affordable Care Act, amended the definition of remuneration in the Civil Monetary Penalties Law. The amendment clarifies that certain charitable activities are not prohibited under the law. The amended law excludes the following from qualifying as remuneration: Any remuneration which promotes…

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Recovery Audit Contractors (RACs) for three Regions post new issues for non-medical necessity DRG validation inpatient claims reviews

Region A: The RAC for Region A, DCS Healthcare, posted three new issues for non-medical necessity DRG validation inpatient claims review for providers in District of Columbia, Connecticut, Massachusetts, Maine, Delaware, New Jersey, New York, New Hampshire, Pennsylvania, Rhode Island, and Vermont. Region B: Region B’s RAC, CGI, added 20…

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Medicare Appeals Council requires RACs to use covered Medicare Part B services to off-set a Medicare Part A overpayment

In a decision issued February 10, 2010, the Medicare Appeals Council reached a decision on an appeal from the RAC Demonstration Project. The Recovery Audit Contractor (RAC) initially found that the provider had received an overpayment for the inpatient services covered under Medicare Part A, but the beneficiary met the…

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The Patient Protection and Affordable Act of 2009 strengthens the False Claims Act (FCA)

Yet another way that the Patient Protection and Affordable Care Act (the Act), otherwise known as the Health Reform bill, impacts health care providers is the strengthening of the Federal False Claims Act (FCA). For example, Section 6402 of the Act amends Section 1128 B of the Social Security Act…

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