New Affordable Care Act Rules to Fight Healthcare Fraud

On Mon Jan 24, HHS announced new rules authorized by the Affordable Care Act 
which will help stop healthcare fraud.  "Thanks to the new law, CMS now has 
additional resources to help detect fraud and stop criminals from getting into 
the system in the first place," CMS Administrator Donald Berwick, MD, said.  
"The Affordable Care Act's new authorities allow us to develop sophisticated, 
new systems of monitoring and oversight to not only help us crack down on 
fraudulent activity scamming these programs, but also help us to prevent the 
loss of taxpayer dollars across the board for millions of American healthcare 
consumers."

Specifically, the final rule:

 *   Creates a rigorous screening process for providers and suppliers enrolling 
Medicare, Medicaid, and CHIP to keep fraudulent providers out of those 
programs.  Types of providers and suppliers that have been identified in the 
past as posing a higher risk of fraud (for example, durable medical equipment 
suppliers) will be subject to a more thorough screening process.
 *   Requires new enrollment process for Medicaid and CHIP providers.  Under 
the Affordable Care Act, states will have to screen providers who order and 
refer to Medicaid beneficiaries to determine if they have a history of 
defrauding the government.  Providers that have been kicked out of Medicare or 
another state's Medicaid or CHIP will be barred from all Medicaid and CHIP 
programs.
 *   Temporarily stops enrollment of new providers and suppliers.  Medicare and 
state agencies will be on the lookout for trends that may indicate healthcare 
fraud - including using advanced predictive modeling software, such as that 
used to detect credit-card fraud.  If a trend is identified in a category of 
providers or geographic area, the program can temporarily stop enrollment as 
long as that will not impact access to care for patients.
 *   Temporarily stops payments to providers and suppliers in cases of 
suspected fraud.  Under the new rules, if there has been a credible fraud 
allegation, payments can be suspended while an action or investigation is 
underway.



For more information:

§  The full text of the press release issued on Mon Jan 24 is available at 
http://www.HHS.gov/news/press/2011pres/01/20110124a.html<http://www.hhs.gov/news/press/2011pres/01/20110124a.html>.

§  A copy of the regulation is available in the Federal Register at 
www.OFR.gov/inspection.aspx<http://www.ofr.gov/inspection.aspx> or 
www.archives.gov/federal-register/news.html<http://www.archives.gov/federal-register/news.html>.

§  A factsheet on the new rules can be found at 
www.HealthCare.gov/news/factsheets<http://links.govdelivery.com/track?type=click&enid=bWFpbGluZ2lkPTExODM1ODQmbWVzc2FnZWlkPVBSRC1CVUwtMTE4MzU4NCZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTEyNzY3Mzc5MzcmZW1haWxpZD1saXNhLnNtaXRoQGNtcy5oaHMuZ292JnVzZXJpZD1saXNhLnNtaXRoQGNtcy5oaHMuZ292JmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY=&&&106&&&http://www.healthcare.gov/news/factsheets>.



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Critical Access Hospitals to Receive Free Comparative Data Reports



Beginning in April 2011, the Centers for Medicare & Medicaid Services will make 
available free hospital-specific comparative data reports for critical access 
hospitals (CAHs) nationwide.  The report - known as PEPPER, or the "Program for 
Evaluating Payment Patterns Electronic Report" - provides hospital-specific 
data statistics for Medicare discharges at risk for improper payments.  
Hospitals can use the data to support internal auditing and monitoring 
activities.  PEPPER is the only free report comparing a CAH's Medicare billing 
practices with other CAHs in the state, MAC or FI (Medicare Administrative 
Contractor or Fiscal Intermediary) jurisdiction, and nation.



CMS has contracted with TMF Health Quality Institute to develop and distribute 
the reports, which were previously available only for short- and long-term 
acute care hospitals.  The PEPPERs will be distributed via a MyQualityNet 
secure file exchange on or about Mon Apr 25.  (MyQualityNet is a secure site 
accessible from the www.QualityNet.org<http://www.qualitynet.org/>; CAHs must 
have a QualityNet account in order to receive their PEPPER.)  The PEPPER files 
will be sent to the hospital's QualityNet administrators and to QualityNet user 
accounts with the PEPPER recipient role.  CAHs may work with their Quality 
Improvement Organization if they do not have a QualityNet administrator account.



For more information, including the PEPPER distribution schedule, a sample of 
the PEPPER for CAHs, and information about QualityNet accounts, visit 
www.PEPPERresources.org<http://www.pepperresources.org/>.  CAH staff are also 
encouraged to join the email list on this website to receive important 
notifications about upcoming PEPPER distribution and training opportunities.



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January Flu Shot Reminder

Get Your Flu Vaccine - Not the Flu.  Don't forget to immunize yourself and your 
staff.  Protect your patients.  Protect your family.  Protect yourself.

While seasonal flu outbreaks can happen as early as October, flu activity 
usually peaks in January.  This year's vaccine will protect against three 
different flu viruses, including the H1N1 virus that caused so much illness 
last flu season.  The risks for complications, hospitalizations, and deaths 
from the flu are higher among individuals aged 65 years and older.  Medicare 
pays for the seasonal flu vaccine and its administration for seniors and others 
with Medicare with no co-pay or deductible.  Health care workers, who may 
spread the flu to high-risk patients, should get vaccinated too.

Remember - Influenza vaccine plus its administration are covered Part-B 
benefits.  (Note that influenza vaccine is NOT a Part-D-covered drug.)  For 
information about Medicare's coverage of the influenza vaccine and its 
administration, as well as related educational resources for health care staff, 
please visit http://www.cms.gov/MLNProducts/Downloads/Flu_Products.pdf and 
http://www.cms.gov/AdultImmunizations.


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