“Data
mining
programs”
intensify
scrutiny
of
Medicare
claims
By
Paula
E.
Hartman-Stein,
Ph.D.
Boston
–
On
the
heels
of
victories
in
recent
hard-fought
Congressional
battles
over
mental
health
parity
and
prevention
of
double-digit
fee
cuts
for
psychotherapy,
new
and
stringent
oversight
of
claims
by
congressionally
approved
agencies
are
the
next
challenge
for
Medicare
providers.
In
an
early
morning
symposium
at
the
APA
convention,
Jim
Georgoulakis,
Ph.D.,
the
APA
representative
to
the
Relative
Update
Committee
(RUC)
of
the
American
Medical
Association,
began
by
suggesting
that
psychologists
should
not
wonder
whether
they
will
be
audited
but
rather
when
they
will
be
audited.
Two
new
“data
mining
programs,”
the
Comprehensive
Error
Rate
Testing
(CERT)
and
the
Recovery
Audit
Contractor
(RAC)
programs
are
aimed
at
preventing
improper
payments
in
the
Medicare
system
by
looking
for
patterns
in
claims
data
and
then
generating
predictions
based
on
them.
Georgoulakis
said
that
from
2005
to
2008
the
programs
functioned
in
three
states,
costing
the
government
$201
million.
The
return
on
the
investment
was
$980
million,
a
5-to-1
ratio,
“an
unbelievable
return
on
an
investment,”
he
said.
“Congress
and
the
Center
for
Medicare
and
Medicaid
Services
(CMS)
believe
that
there
is
a
lot
of
inefficiency
and
fraud
in
healthcare,
and
they
are
attacking
both
of
those
areas
using
different
tools.”
Congress
mandated
that
by
the
end
of
2010
all
50
states
are
to
have
the
new
programs
in
place.
The
order
of
the
claim
oversight
is
first
the
regional
Medicare
carriers
who
pay
the
claims,
followed
by
the
CERT
contractors
who
determine
claims
processing
errors
by
the
carriers
and
are
responsible
for
requesting
and
obtaining
documentation
to
support
payments
for
selected
claims.
A
CERT
contractor
reviews
services
that
are
paid
incorrectly,
whether
overpaid
or
underpaid,
and
notifies
the
Medicare
contractor
to
adjust
accordingly.
The
next
layer
is
the
RAC
program
that
provides
independent
oversight
over
the
CERTS.
The
RACs
are
financially
incentivized.
Georgoulakis
explained,
“They
get
a
lot
more
money
when
they
find
errors
in
the
payments
of
the
carriers.”
The
RACS
pass
on
information
to
the
Program
Safeguard
Contractors
(PSC)
who
then
identify
cases
of
suspected
fraud
and
refer
those
to
the
Office
of
Inspector
General
(OIG)
for
criminal
or
civil
prosecution,
monetary
penalties
and/or
administrative
sanctions.
According
to
Georgoulakis,
mental
health
may
be
an
easy
target
for
the
RAC
program
because
the
criteria
for
medical
necessity
is
not
as
straightforward
to
pinpoint
compared
to
physical
medicine.
Medical
necessity
must
be
supported
by
the
patient’s
progress
in
therapy
and
a
plan
with
clearly
identified
goals.
“In
mental
health
if
we’re
not
doing
treatment
plan
revisions
every
30-60-90
days
we
can
really
get
nailed,”
he
said.
The
definition
of
medical
necessity
used
by
CMS
is
“Services
or
items
reasonable
and
necessary
for
the
diagnosis
or
treatment
of
illness
or
injury
or
to
improve
the
malfunctioning
of
a
malformed
body
part.”
Georgoulakis
said
that
when
a
patient
reaches
a
point
where
further
improvement
does
not
appear
to
be
indicated
or
there
is
little
expectation
of
improvement,
the
services
are
no
longer
considered
reasonable
or
necessary.
Other
reasons
for
RAC
denials
of
payment
are
incorrect
coding
of
claims
and
insufficient
documentation
in
the
patient
chart.
Coverage
may
also
be
limited
if
the
service
is
provided
more
frequently
than
allowed
under
a
national
coverage
policy,
a
local
medical
policy
or
a
clinically
accepted
standard
of
practice,
according
to
Georgoulakis.
He
said
the
clinical
record
should
document
target
symptoms,
goals
of
therapy,
methods
of
monitoring
outcome
and
how
the
treatment
is
expected
to
improve
the
health
status
or
functioning
of
the
patient.
In
another
symposium
at
APA,
Donna
Rasin-Waters,
Ph.D.,
of
New
York
presented
the
elements
of
a
voluntary
compliance
plan
recommended
by
the
OIG
for
all
Medicare
providers.
She
said
that
self-auditing
and
monitoring
examine
patterns
of
denied
claims
or
those
resulting
in
overpayment.
“A
compliance
plan
is
the
number
one
mitigating
factor
in
cases
of
suspected
abuse
or
fraud.
It
is
the
best
insurance
plan
a
practitioner
can
have,”
said
Georgoulakis.
National
Psychologist,
Vol.
17,
No.
5,
p.
9.
Paula
E.
Hartman-Stein,
Ph.D.
is
a
psychologist,
consultant
and
trainer
specializing
in
behavioral
healthcare
of
older
adults.
She
is
director
of
Geriatric
Psychology
at
Summa
Health
System
in
Akron,
Ohio,
and
chair
of
the
first
expert
work
group
to
develop
quality
measures
in
psychology
and
social
work.
She
can
be
reached
at
cha@en.com
or
through
her
website,
www.centerforhealthyaging.com