Fraud, Waste & Abuse TRAINING COURSE As of May 2014 Click here to enter the course. Provided by Health Care Service Corporation & its subsidiaries The Bottom Line Who Am I In the Big Picture WHO? The Action Steps LAW? Know the Law The Bottom Line Who Am I In the Big Picture? The Action Steps Know the Law The Bottom Line Who Am I In the Big Picture? The Action Steps Know the Law Back / Forward Home CMS requires training for New & Existing Employees who Work on a government contract THE BOTTOM LINE 1. Written Policies, Procedures and Standards of Conduct 2. Compliance Officer, Compliance Committee and High Level Oversight 3. Effective Training and Education 4. Effective Lines of Communication 5. Well Publicized Disciplinary Standards 6. Effective System for Routine Monitoring and Identification of Compliance Risks 7. Procedures and System for Prompt Response to Compliance Issues THE BOTTOM LINE 1. Written Policies, Procedures and Standards of Conduct 2. Compliance Officer, Compliance Committee and High Level Oversight 3. Effective Training and Education 4. Effective Lines of Communication 5. Well Publicized Disciplinary Standards 6. Effective System for Routine Monitoring and Identification of Compliance Risks 7. Procedures and System for Prompt Response to Compliance Issues Click here to view Chapter 9 Click here to view the Federal Sentencing Guidelines Click here to view HCSC’s Compliance Program THE BOTTOM LINE Click on the magnifying glass Every patient has the same diagnosis Every patient has the same diagnosis Billing for more than 24 hours/day Every patient has the same diagnosis Billing for more than 24 hours/day Billing for Individual, Group & Family Therapy for most clients Every patient has the same diagnosis Billing for more than 24 hours/day Billing for Individual, Group & Family Therapy for most clients Billing for in-person visits when speaking with them on the phone Every patient has the same diagnosis Billing for more than 24 hours/day Billing for 7 days/week even on holidays Billing for Individual, Group & Family Therapy for most clients Billing for in-person visits when speaking with them on the phone HCSC 1 Know and abide by terms of government contract 2 Stay true to your company’s code Click here to view HCSC’s Code of Conduct. Save this page to your favorites. fully and truthfully 3 Cooperate with government agencies RESPONSIBILITIES INDIRECTLY DIRECTLY ON GOVERNMENT PROGRAM 4 Report improper payment to government officials Violations regarding gifts to government employees can result in serious consequences 5 Comply with the laws that impact government programs RESPONSIBILITIES 6 Avoid conflicts of interest GOOD FOR ME GOOD FOR MY COMPANY RESPONSIBILITIES 7 Recognize and report fraud, waste & abuse RESPONSIBILITIES HCSC/HISC/GHS Corporate Integrity Compliance Program WHO AM I? TOM LUBBEN HCSC’s Chief Compliance & Privacy Officer HCSC/HISC/GHS Corporate Integrity Compliance Program WHO AM I? TOM LUBBEN HCSC’s Chief Compliance & Privacy Officer HCSC/HISC/GHS Corporate Integrity Compliance Program Government Programs Compliance WHO AM I? KIM GREEN Government Programs Compliance HCSC’s Government Programs Compliance Officer, Medicare Compliance Officer Specific policies Oversees compliance Government contracts WHO AM I? HCSC/HISC/GHS Monitor & Audit First Tier Downstream Independent Practice Associations Plan Sponsor FDR RESPONSIBILITIES Call Centers Health Services/ Hospital Groups Fulfillment Vendors Field Marketing Organization Credentialing Monitor and audit themselves & downstream Providers Downstream Radiology Hospitals Mental Health Agents Pharmacy Implement policies & procedures PBM Quality Assurance Firm Claims Processing Firm Providers Providers Comply with the law Set high ethical standards Report suspected FWA to the Plan Sponsor WHO AM I? HCSC/HISC Plan Sponsor First Tier Independent Practice Associations Downstream Providers Downstream Call Centers Radiology Health Services/ Hospital Groups Fulfillment Vendors Field Marketing Organization Hospitals Mental Health Agents Providers Providers Credentialing Pharmacy PBM Quality Assurance Firm Claims Processing Firm WHO AM I? HCSC Detect Report Correct Prevent Detect Fraud Waste Abuse Fraud is knowingly and willfully executing, or attempting to execute, a scheme or artifice— (1) To defraud any health care benefit program or (2) To obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program US Code Title 18, Section 1347 ACTION STEPS Detect Fraud Fraud is knowingly and willfully executing, or attempting to execute, a scheme or artifice— (1) To defraud any health care benefit program or (2) To obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program US Code Title 18, Section 1347 ACTION STEPS Detect Fraud HCSC $43,904 FRAUD ACTION STEPS Law Litmus Test Which of the following laws prohibits knowingly submitting or causing someone else to submit a claim for payment with government funds using false information or making false statements in order to get a claim paid or approved by the government? Anti-Kickback Statute NO, but we’ll talk about this later. Stark Statute NO, but we’ll talk about this later. False Claims Act HIPAA NO, but we’ll talk about this later. ● Click the box next to the correct answer. That’s right! It’s important to note that the False Claims Act applies if the person knew or even should have known that the claim was false. There can also be a liability for submitting a claim from a subcontractor to a contractor, even if there is no intent for the submitter to be paid directly or indirectly by the government. It is the most used law for prosecuting fraud. There can also be a liability for submitting a claim from a subcontractor to a contractor, even if there is no intent for the submitter to be paid directly or indirectly by the government. It is the most used law for prosecuting fraud. Ms. Skloss was found guilty of Theft related to the false claims filed with both the Texas Medicaid Program and BCBSTX. It may also carry heavy criminal penalties. If convicted, depending upon the circumstances, the individual may be fined and/or imprisoned for a number of years up to and including life. There may be additional penalties required due to state governments based on the state False Claims Acts. Detect Fraud Waste Abuse Intentional Not intentional UNNECESSARY COSTS ACTION STEPS Detect Waste Abuse • Overutilization of services • Request for payment • Generally not considered to • No legal entitlement be criminally negligent • Misuse of resources • Not knowingly misrepresented facts ACTION STEPS Detect Which prescription is suspicious? NO, not this one. ACTION STEPS Detect CORRECT! It appears that the date on this prescription has been altered. ACTION STEPS Detect PRESCRIPTIONS & MEDICINE FRAUD CLUES • Many identical prescriptions in a short time • Prescription does not match the beneficiary’s medical history • Generics are being provided when prescription requires a brand • Drugs are expired. ACTION STEPS Detect Which scenario is suspicious? This is a simple case of tonsillitis. You’ll be out of the hospital today. I’m going to run a series of 12 tests: an MRI, blood work, CAT Scan… All of that for tonsillitis ? NO, not this one. ACTION STEPS Detect CORRECT! I’m going Does to run a series of 12 tests: an MRI, blood work, CAT Scan… the treatment match the diagnosis? All of that for tonsillitis ? ACTION STEPS Detect PHYSICIAN FRAUD CLUES • Bills for services not provided • Prescriptions for a higher quantity than medically necessary for the condition ACTION STEPS Detect Read the sales scenarios below. Which one is suspicious? If you sign up for Medicare today and make Dr. Popper your primary physician, you’ll get a $100 gift card. These are the services you can expect if you sign up for Medicare. I’ve also provided a list of doctors in your area who accept Medicare. NO, not this one. ACTION STEPS Detect CORRECT! If you sign up to sign Offering monetary rewards for Medicare up for a government health plan today and make Dr. Popper your primary physician, you’ll get a $100 gift card. ACTION STEPS Law Litmus Test Which of the following prohibits willfully receiving or offering a bribe or rebate for referrals for services that are paid under a federal health care program? Stark Statute NO, but we’ll talk about this later. HIPAA NO, but we’ll talk about this later. Exclusion NO, but we’ll talk about this later. Anti-Kickback Statute ● Click the box next to the correct answer. THAT’S RIGHT! If the sales rep offering a $100 gift card for beneficiaries to join the plan with Dr. Popper is receiving money from the doctor in return for referring patients to him, he is violating the Anti-Kickback Statute. Sales agents must always be honest and truthful in presenting products as outlined in the benefit guides, without adding anything to it. This law applies to more than sales people. The real live case below involves providers. Detect Report Report ACTION STEPS Report What’s suspicious about these claims? Multiple almost identical Hm…these claims are all the same! All submitted by XYZ Diagnostics on March 31. One provider / Same day Exceed normal costs ACTION STEPS Report “Our Company is committed to the policy that all employees have an obligation to report problems or concerns involving ethical or compliance violations…without fear of retaliation.” Click here to view HCSC’s Code of Conduct. HCSC CODE ACTION STEPS Report Reporting is everyone’s responsibility. Plan Sponsor ACTION STEPS Report Report Employees of Plan Sponsor HCSC/HISC • Talk to a Manager or Supervisor • Report through the Website or Hotline • Call the Medicare Compliance Officer FDR Employees • Talk to a Manager or Supervisor • Call Your Ethics/Compliance Help Line • Report through the Sponsor Beneficiaries • Call the Sponsor’s compliance hotline • Make a report through Sponsor’s website • Call 1-800-Medicare ACTION STEPS LAW LITMUS TEST Which of the following is also known as the Physician Self-Referral Law? Stark Statute Exclusion NO, but we’ll cover this shortly. HIPAA NO, but we’ll cover this shortly. Click the box next to the correct answer That’s right! The Stark Statute is also known as the Physician Self-Referral Law. A physician is prohibited from making a referral for health services to an entity in which the physician or a relative may have an ownership or compensation interest Report Correct Correct Immediate Reporting Quick Correction KIM GREEN HCSC’s Government Programs Compliance Officer, Medicare Compliance Officer ACTION STEPS Correct Which is the correct response? I found a drug listed on my Explanation of Benefits that I was never given. No. The member’s concern should be reported, not ignored. This is possible fraud. ACTION STEPS CORRECT! Correct What should she do now? Call her company’s fraud hotline Contact her compliance officer Notify her supervisor Call the pharmacy that filled the member’s prescription Call the member’s provider No, the CSR should not contact the member’s pharmacy. No, the CSR should not contact the member’s provider. ACTION STEPS Correct CORRECT! Call her company’s fraud hotline Contact her compliance officer Notify her supervisor ACTION STEPS Correct What happens after the suspected fraud is reported? One of our members called to report an error on his EOB… Correct clerical error Assigned to an investigator ACTION STEPS Correct $200,000.00 REAL LIFE ACTION STEPS Law Litmus Test No federal health care program payment may be made for any item or service furnished, ordered or prescribed by an individual or entity excluded by the Office of Inspector General (OIG). These exclusions are intended to protect beneficiaries from the risk of harm by untrustworthy individuals by barring them from participation in federal health care programs. Exclusions may apply to: Individuals Almost, but not quite Organizations Almost, but not quite Both ● Click the box next to the correct answer. That’s right! • Exclusions may apply to individuals and to organizations. Exclusion periods vary depending on the reason. The Office of Inspector General’s (OIG) special Advisory Bulletin entitled, “The Effect of Exclusion From Participation in Federal Health Care Programs” is a great resource that lays out some of the details concerning exclusions. Click here to access it. Correct Prevent Prevent Detect Monitor Audit Prevent Report Correct ACTION STEPS Appeals & Grievances Prevent Agent / Broker Sales & Marketing High Risk Areas Formulary Administration Enrollment & Disenrollment Claims Processing ACTION STEPS Prevent Verify information is true Check billing information Put policies in practice Know the law WHAT YOU CAN DO ACTION STEPS Law Litmus Test The Health Insurance Portability and Accountability Act (HIPAA): Mandated that organizations implement safeguards to prevent unauthorized access to protected health information (PHI) YES, but it did more than that Required organization to notify individuals if there is a breach of their PHI YES, but it did more than that Provided individuals with the right to limit access to their PHI YES, but it did more than that All of the above ● Click the box next to the correct answer. THAT’S RIGHT! HIPAA does all of these. While it is a crime to knowingly obtain or disclose protected health information (PHI) for fraudulent purposes, it is a HIPAA violation to disclose PHI to an unintended recipient even when there is no criminal intent Prevent Know and comply with any contractual obligations that apply Protect all health, financial and/or employment information Limit access, use and sharing of information to the minimum amount necessary to achieve the task Avoid using Social Security numbers when sending information out externally unless there is a compelling business need PROTECT PHI ACTION STEPS Prevent Examples of unauthorized disclosures Correspondence or a claim goes to the wrong address A company report gets into the wrong hands A data file is sent to the wrong email address Organizations are required by the HITECH Act to notify individuals within 60 days if there is a breach of their PHI REPORT ACTION STEPS • Civil Money Penalties • Criminal Conviction / Fines • Civil Prosecution • Imprisonment • Loss of Provider License • Exclusion from Federal Health Care Programs CONSEQUENCES Visit our web site at http://hisccompliance.com/ and stay current on government programs issues. Check out Kim Green’s quarterly newsletter. Comments or suggestions concerning training? HISCCompliance@bcbsil.com CONGRATULATIONS! You have completed the course