Rachel, FYI

Medical Newswire) A Coral Gables, FL eye surgeon got slapped with nearly
five years in prison for billing Medicare for services he never
supplied. 
According to U.S. Attorney Marcos Daniel, Dr. Gustavo Coll submitted
about $1 million worth of claims for diagnostic tests and laser eye
surgeries he never performed. A federal judge sentenced him May 19 to 57
months in prison and ordered him to pay nearly $800,000 in restitution,
a $50,000 fine and a $9,000 special assessment. 

Coll's case wasn't helped by the fact that, according to the court, he
committed perjury during the trial and put Medicare patients at risk by
performing medically unnecessary laser eye procedures. 

Lesson Learned: The toll on patients exacted by medically unnecessary
procedures can push a health care provider's punishment for fraud to the
high end of the range.



May 27, 2003, 16:13

David Frenkel
Business Development
GEFEG USA
Global Leader in Ecommerce Tools
www.gefeg.com
612-237-1966

-----Original Message-----
From: Rachel Foerster [mailto:[EMAIL PROTECTED] 
Sent: Thursday, June 05, 2003 1:22 AM
To: WEDI SNIP Transactions Workgroup List
Subject: RE: Payors not compliant effective on provider

David, you're assuming that the penalty for Medicare fraud includes
imprisonment when the law may only allow for fines.....

Rachel Foerster

-----Original Message-----
From: David Frenkel [mailto:[EMAIL PROTECTED] 
Sent: Wednesday, June 04, 2003 12:14 PM
To: WEDI SNIP Transactions Workgroup List
Subject: RE: Payors not compliant effective on provider


Marsha,
Unfortunately you have to have pretty flagrant violations to get prison
time
for healthcare abuse.  A surgeon last year in Seattle was convicted for
Medicare fraud of close to $1 million.  He received no prison time just
probation with community service in Nepal.

Regards,

David Frenkel
Business Development
GEFEG USA
Global Leader in Ecommerce Tools
www.gefeg.com
612-237-1966

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
Sent: Wednesday, June 04, 2003 11:39 AM
To: WEDI SNIP Transactions Workgroup List
Cc: WEDI SNIP Transactions Workgroup List
Subject: Re: Payors not compliant effective on provider



This is not a HIPAA Myth, look at ...

Section 1176 of the Act establishes civil monetary penalties for
violation
of the provisions  in part C of title XI of the Act, subject to several
limitations.  Penalties may not be more than $100 per person per
violation
of a provision, and not more than $25,000 per person per violation of an
identical requirement or prohibition for a calendar year.  With certain
exceptions, the procedural provisions in section 1128A of the Act,
''Civil
Monetary Penalties,'' are applicable to imposition of these penalties.

Section 1177 of the Act established penalties for any person that
knowingly
misuses a  unique health identifier, or obtains or discloses
individually
identifiable health information in violation of this part. The penalties
include: (1) A fine of not more than $50,000 and/or imprisonment of not
more
than 1 year; (2) if the offense is ''under false pretenses,'' a fine of
not
more than $100,000 and/or imprisonment of not more than 5 years; and
(3) if the offense is with intent to sell, transfer, or use individually
identifiable health information for commercial advantage, personal gain,
or
malicious harm, a fine of not more than $250,000 and/or imprisonment of
not
more than 10 years. We note that these penalties do not affect any other
penalties that may be imposed by other federal programs.

Will HHS be this severe on October 17th ?  I don't imagine so, but it is
all
laid out for them to use to enforce the Rule.  Here in Arizona you'd get
to
wear a lovely pinky-orange jumpsuit, live in a tent, and pay for your
meals!
I know the prospect of living in a tent here is making me quite diligent
in
getting our customers compliant. Marsha


Verizon Information Technologies
Managed Care Division
Phoenix, AZ
Home of the Back To Back NL West Champion ARIZONA DIAMONDBACKS Phone -
602.678.6042
Fax     - 602.678.6331
E-mail - [EMAIL PROTECTED]


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                      "William J.

                      Kammerer"                To:       "WEDI SNIP
Transactions Workgroup List"                                
                      <[EMAIL PROTECTED]
<[EMAIL PROTECTED]>

                      et.com>                  cc:

                                               Subject:  Re: Payors not
compliant effective on provider                         
                      06/04/2003 09:12

                      AM

                      Please respond to

                      "William J.

                      Kammerer"

 

 





Is this more HIPAA hysteria?  Since when would a violation of the TCS
rule -
however purposeful - result in a prison sentence?

William J. Kammerer
Novannet, LLC.
Columbus, US-OH 43221-3859
+1 (614) 487-0320


----- Original Message -----
From: "John Sherman" <[EMAIL PROTECTED]>
To: "WEDI SNIP Transactions Workgroup List"
<[EMAIL PROTECTED]>
Sent: Wednesday, June 04, 2003 11:51 AM
Subject: RE: Payors not compliant effective on provider


After November 15, 2003, Providers still have the option of submitting
claims on paper, but health plans must accept standard transactions from
providers if the provider chooses to submit claims electronically.  If
the
provider submits electronically it must be in the standard format and
content.  Health plans and providers may use healthcare clearinghouses
to
assist them if they so choose.

The risk to the provider of submitting paper claims is that they may not
be
paid as quickly as they would if they submitted electronically.

The plan not being compliant should be a red flag to the provider.  The
plan
is facing fines, possible prison for executives who ignored the law and
the
providers timely payment for claims is at risk.

John Sherman
HIPAA Project Manager
Corporate Benefit Services of America
(952)593-6478 Fax (952)582-2849
[EMAIL PROTECTED]

-----Original Message-----
From: Brenda K. Burton [mailto:[EMAIL PROTECTED]
Sent: Wednesday, June 04, 2003 10:20 AM
To: WEDI SNIP Transactions Workgroup List
Subject: Payors not compliant effective on provider



Please, if somebody could clarify/refer me to the answer (I'm sure this
has
been dicussed):

If a payor is unable to handle electronic transactions by October 16,
may
they revert to paper unilaterally?

What other A/R risks are present for the healthcare provider if a
particular
payor is not able to be compliant by October 16?

Looking for contingency planning reasons.

Thanks!
Brenda


Brenda K. Burton
MEDEXTEND
877-491-7650

Join us for discussion at:
http://groups.yahoo.com/group/compliantbilling/join

Available on Instant Messenger as:  medextend



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