2011 Starting a Professional Private Practice Written by Iris Kimberg, MS PT OTR [STARTING A PROFESSIONAL PRIVATE PRACTICE ] This workbook is geared specifically for therapists in the beginning stages of starting a professional private practice. This workbook is given out at the Starting a Professional Private Practice Seminar but is also a stand alone workbook that therapists who cannot attend the workshop can follow. The workbook is updated twice yearly, and is available as a downloadable PDF file ($95), a CD($100) or a hard copy($125). * Starting a private practice is a multi faceted process in which the end product is an entity that matches both your business capabilities and your professional abilities. The purpose of this workbook, which is geared toward PTs, OTs and STs to offer a concrete, step by step approach to discussing all aspects of starting a practice. * Workbook includes reviewing the legal forms that the practice can take, minimum start-up requirements and costs, identifying marketing strategies and contacts to build a referral base, beginning billing set-ups, and ideas to sustain your practice once it is up and running. It is newly revised to include all HIPAA documentation. This 72 page work book is a comprehensive in depth guide with sample forms, letter and extensive on and offline resources INTRODUCTION Many of the e-mails and telephone calls I receive begin with “ I have always wanted to…” or “I dream of one day starting”… This is the best time to seek advice! You are motivated, no mistakes have been made and you are probably gainfully employed! Not all therapists go into private practice and not all therapists want to. Those who do seem to possess a need for autonomy, a desire to be their own boss, and an entrepreneurial drive. Notwithstanding the honorable intention that a therapist wants to provide a service to people with a disease or injury, it is important to always remember that starting a professional practice is starting a business. Starting a private practice is a multi faceted process. The end product results in an entity that matches both your business capabilities and your professional abilities. The purpose of this workbook is to offer a concrete, step by step approach to discussing all aspects of starting a practice for PTs, OTs and STs. This will include reviewing the legal structure that the practice can take, minimum start-up requirements and costs, identifying marketing strategies and contacts to build a referral base, beginning billing set-ups, and ideas to sustain your practice once it is up and running. Be prepared to wear “many hats” at first because most likely you will be responsible for doing all of the above! Remember too, that a successful practice requires both patients and patience!! No part of this workbook may be reproduced in any manner without the expressed written consent of Iris Kimberg and NYTHERAPY GUIDE. Newly revised and updated 7.2011 © 2011 Iris Kimberg. All Rights Reserved. Please note: I have worked with therapists all across the country. While there is some information in this workbook that is specific to the state where I live (New York), it should still be useful if you live elsewhere to guide you as to the proper questions to ask regarding certain laws and compliance issues. The common challenges we face in building and maintaining a practice far outweigh the differences in the individual states. In the back of the workbook is an extensive list of both on and off line resources that have proven to be very helpful. They are also included in the body of the workbook when applicable. Please note that website addresses constantly change, and some of the addresses listed may no longer be valid. DISCLAIMER: The information presented represents the view of the individual presenter and is offered for educational purposes only. While intended to provide accurate information on the subject matter listed, this is sold and /or given out at workshops with the understanding that the presenter is not engaged in offering financial or legal advice, which can only be obtained from professionals credentialed in these areas. 2 Table of Contents INTRODUCTION ...................................................................................................................................... 2 About the Author ...............................................................................................................................................6 STEP 1: IDENTIFY A NEED THAT YOUR PRACTICE CAN MEET ............................................... 7 Three Pieces of the Health Care Pie – Who is Eating the Biggest Piece? ............................. 8 STEP 2: WHO, WHAT AND WHERE ................................................................................................... 9 STEP 3: DETERMINING THE LEGAL STRUCTURE OF YOUR PRACTICE ............................. 10 UNINCORPORATED BUSINESS ENTITIES................................................................................................ 10 STEP 4: CHOOSING A NAME: When the “I” becomes “We” ..................................................... 14 STEP 5: MINIMUM START UP REQUIREMENTS ......................................................................... 16 A. THE BUSINESS PLAN – FORMAL OR INFORMAL .............................................................................. 16 B. INSURANCE (MALPRACTICE, GENERAL LIABILITY AND RISK MANAGEMENT FOR RELATED SERVICES)...................................................................................................................................... 20 C. THE PLACE OF BUSINESS ......................................................................................................................... 21 D. CONTRACTING WITH INSURANCE CARRRIERS .............................................................................. 24 E. Financial Considerations ........................................................................................................................ 27 STEP 6: MARKETING .......................................................................................................................... 37 STEP 7: GROWING YOUR PRACTICE Healthcare Reform and Private Practice………..........................................................41 RESOURCES /WEBSITES/SAMPLE FORMS .................................................................................. 66 Many thanks to Carrie Strauch OTR/L for her help in editing this manual. 3 NOW ALSO AVAILABLE: FOLLOW-UP WORKBOOKS PRACTICE ANALYSIS AND STRATEGIES FOR SUSTAINED GROWTH AND SUCCESS This workbook is geared to those therapists already in practice who want specific strategies to bolster their long term viability, growth and success to help reach the full potential of their therapy endeavor. The workbook presents concrete ways to analyze a practice to determine strengths and weaknesses and then develop strategies for continued growth and success. Ideas on how to adapt to the changing business conditions we face are discussed. Plans for expansion, including considerations for opening a second location, starting a staffing/contract agency, trends for the future, as well as the sale, acquisition, merger and valuation of a practice are also covered. This workbook is a comprehensive in depth guide with sample forms, letters and extensive on and off- line resources. It is a logical follow-up to the first workbook “STARTING A PROFESSIONAL PRIVATE PRACTICE”. The workbook can be purchased as a hard copy for $125 plus $4.50 S/H, PDF $95. FOCUS ON PEDIATRICS: Addendum to Book 1 55 page supplement to Starting a Professional Practice focusing specifically on issues relevant to setting up a Pediatric Practice ($75 hard copy, Plus $4.50 S/H $55 PDF) NEW PERSPECTIVES ON MARKETING FOR THERAPY PRACTICES AND BUSINESSES Therapists in private practice need to adjust their marketing campaigns because of the current economic climate, increased competition for healthcare dollars, and our fundamental shift from a healthcare referral system to a consumer choice system. This 37 page color workbook presents an overview of the dramatic changes in healthcare marketing in the last decade, and explores what made significant 2009 marketing campaigns in healthcare successful. It includes over 20 actual examples from the award winning marketing campaigns of the Cleveland Clinic, Visiting Nurse Service of NY, and Mount Sinai Medical Center, and how these high price successful marketing campaigns can be implemented by therapists in a low cost effective manner. ($85 color hard copy, $75 download) Taking Care of Business- 50 columns from the OT Advance Written by Iris Kimberg, this is a bound edition of columns covering many aspects of private practice – all columns from 2004-2010 $55, hard copy only plus $4.50 S/H POLICY AND PROCEDURE MANUAL All practices are unique and reflect the individuals that are their creators. Yet there are commonalities that must be present in all practices by virtue of the fact that we are all compelled by similar professional practice acts, work and professional ethics as well as state and federal regulations including OSHA and HIPPA. The onus is on each private practitioner to establish and be able to demonstrate policies and procedures that adhere to national standards and the continuance of improving business practices. The purpose of this book is to offer generic guidelines, policies and forms from which a therapist can then customize their own policies, procedures and forms to best meet their individual practices. Remember that policy and procedure manuals should be reviewed yearly and updated as often as necessary to reflect current standards of practice, new regulations and any changes in state and federal law. The following topics are 4 covered in this workbook. It can be purchased as a hard copy for $195 plus $4.50 S/H, PDF $160 (Table of contents on next page) SECTION ONE: FORMS FOR DIRECT PATIENT CARE: Introduction to a Policy and Procedure Manual 1. Initial Intake Form- One for General Adults and One for Pediatrics 2. Generic Evaluation Forms (Adult and Pediatric) 3. Generic Progress Re-evaluation Note 4. Generic Discharge Form 5. Assignment of Benefits Form 6. Patient Notification of Billing/Cancellation/Discontinuance of Services Procedures Financial Policy Form 7. Medicare Beneficiary Form 8. Authorization for Release of Confidential Information (HIPAA) 9. Notice of Patient Privacy Practice/ Patient Information Consent Forms (HIPAA) 10. Patient Satisfaction Survey 11. Referral Source Satisfaction Survey SECTION TWO: FORMS AND POLICY STATEMENTS FOR GENERAL OFFICE PROCEDURES 1. Incident Reporting and Form 2. Child Abuse 2. Confidentiality, Release and Handling of Information including HIV Information 3. Confidentiality for Emails/Faxes 4. Emergency Preparedness Plan 5. Health and Safety Issues Including Universal Precautions, Infection Control/ Handwashing Procedures 6. HIPAA Policy and Procedures 7. Rehabilitation Update/Documentation for Medicare Patients 8. Clinical Chart Review Form 9. Photo Release Form/Waiver Form for Onsite Classes/ Permission Slip for Caregivers 10. FERPA Compliance 11. Child Protective Services 12. Confidentiality Statement for Faxes and Emails 13. Off Line Authorization Form SECTION THREE: FORMS FOR HIRING THERAPISTS 1. Orientation and Minimum Requirements of Therapists 2. Reference Forms 3. Clinical Competency Review Form 4. Employee Health Assessment 5. Hepatitis B Consent/Decline Form 6. Freedom from Impairment Form 7. On Site Clinical Competency Form 8. Sample Employee Handbook 9. Code of Ethics – PT OT ST 10. Employee Application including EOE regulations CONTRACTS 1. Sample Temporary Personnel Services Agreement 2. Sample Home Care Personnel Services Agreement 3. Sample Contract for School District Service Provision 4. Sample Independent Contractor Agreement 5. Sample Employee Contract 6. Sample Buy Out Form 5 About the Author Iris Kimberg MS PT, OTR has worked in the non-clinical aspect of therapy for the past 27 years. She transformed a one person solo practice into a multimillion dollar rehabilitation agency that she later sold to a public entity. After 9/11, Iris, a longtime downtown resident formed a fund, The Downtown Therapists Assistance Project, to aid the fourteen physical and occupational therapy practices located within the vicinity of the World Trade Center. She raised over $35,000 for them, mostly donations from therapists across the country. This past fall, she organized a drive in NYC on behalf of Operation Medical Library to help replenish the medical libraries that have been destroyed in Afghanistan over the last 30 years. Iris now enjoys sharing her expertise with others in the field through workshops, seminars and private consultations. She is a Professor at Columbia University DPT program, teaching a marketing and business entrepreneurship and has also guest lectured at both Touro College and Long Island University. Since 2004, she has been Merion Publication’s (parent company of Advance Magazine) business columnist, writing over 70 columns on business practice and management. Iris regular participates as a speaker in both NYSOTA and NYPTA conferences. She was a panelist at the March 6, 2005 symposium The Crisis in Reimbursement held at the NYU Department of Occupational Therapy. More recently, Iris was a keynote speaker at the Fall 2009 and 2010 NYSOTA Conference and at the Fall 2010 Private Practice Section of the NYPTA Conference in Washington D.C. She has been asked to be a contributor to the Fall 2011 Private Practice Sections, IMPACT MAGAZINE, and will be writing an article about service management in therapy, entitled If Disney Ran Your Practice. 6 STEP 1: IDENTIFY A NEED THAT YOUR PRACTICE CAN MEET While it is important to have internal needs and dreams and desires that motivate us to create and pursue opportunities for ourselves, it should be the needs of the patients and not the needs of the therapists that form the core of your practice. You cannot easily create a need or demand for your service; you want to be able to identify a need that already exists. Ideally you want to be able to match your personal needs and your clinical skills with a need you have identified in the community where you intend to practice. It takes more than an idea to get started. Remember, ideas are like bellybuttons, everyone has one! Sometimes this is easy. In my own case, thirty years ago, I worked at a world renowned in patient rehabilitation center in New York City. When patients were discharged home, they often asked their treating therapists to see them at home after discharge. A need was clearly identified: follow-up care at home after a hospital stay. I spoke with the department head twice telling her we needed to start a home care program. To make a long story short, they did not start one, so I decided to do it on my own, and my practice was born. (Thirty years later this facility still does not have a home care program). Oftentimes, the need for a particular practice is obvious as was in my case. Other clear examples are needs in underserved communities, or when specific doctors approach you stating they need a place to send their patients for treatment. If you are not sure whether there is a need for the type of service you want to provide, you might start by trying to find out if there are waiting lists for patients to be seen in the outpatient department of your local hospital. If your specialty is pediatrics, see whether there are school aged or pre- school children not receiving their mandated therapy services at school. If the answers are yes you can be sure that there is a need out there. If there is a shortage of pediatric therapists in your area you can assume there will be a need for therapists to treat pediatric patients and thus a market for your service. In general, if the supply of a particular kind of therapy practice is low, the demand is generally high, and so is the need. TRENDS TO KEEP IN MIND AS YOU THINK AND PLAN Consolidations in the healthcare industry now are occurring on two fronts: SERVICE PROVISION AND NOW IN THE PAYOR SECTOR HOW TO MAINTAIN PROFITABILITY WHEN YOU HAVE NO CONTROL OF YOUR FEES SHOULD YOU BE LIKE THE FARMER WHO PLANTS MORE CORN WHEN PRICES FALL TO MAKE UP FOR LOST INCOME? WHERE ARE WE AS A WHOLE IN THE HEALTH CARE CYCLE NOW? ADULTS VERSUS PEDIATRICS/ SUPPLY of therapists versus DEMAND for services. HOW DOES THIS IMPACT WHAT YOU ARE DOING TODAY AND WHAT YOU MIGHT WANT TO BE DOING TOMORROW?????? 7 CONSUMERS WILL CONTINUE TO TAKE ON MORE RESPONSIBILITY FOR THEIR HEALTHCARE AS DEDUCTIBLES AND COPAYMENTS INCREASE AND HEALTH SAVINGS ACCOUNTS AND MEDICAL SAVING PLANS GROW IN POPULARITY. THE DEEPER THE CONSUMER DIGS INTO THEIR OWN POCKET, THE EXPECTATION OF WORTH AND VALUE OF THEIR TREATMENT WILL INCREASE. Three Pieces of the Health Care Pie – Who is Eating the Biggest Piece? 1 Piece- Consumer (Patient) 1 Piece – Service Provider 1 Piece Payor (Insuror) Keep your eye on the pie, and keep alert to how health care reform (discussed later on) may alter this. 8 STEP 2: WHO, WHAT AND WHERE Now that you have identified the need for your services, it is important to begin your market research and answer the following: WHO else is doing it WHAT exactly are they doing, WHERE are they located. FOR WHO and WHERE: The Yellow Pages, internet and local newspapers are a good source of initial information –look under speech, physical and occupational therapy (regardless of which discipline you are), and record all the practices. Check the on line yellow pages and internet search engines as well as the national and state associations who also probably have a listing. Don’t forget to look under Physicians as well, since many hand surgeons, orthopedists, physiatrists have their own in house therapists etc. In addition, find out whether the hospitals in the area have out- patient PT, ST and OT departments. Make a full listing of the location of each practice to determine areas of over saturation and/or under representation. FOR WHAT: (this will entail a telephone call) Find out WHAT the practices offer: this includes not only the particular modalities, but areas of specialization, hours of operation , length of sessions, what insurance companies /plans they participate in, whether the office is accessible, what languages are spoken, etc. Talking to colleagues can also be a good source of information about what particular practices have to offer. This information will come in very handy when you begin the marketing phase of your practice, as you may try to offer what your competitors do not so that you can help differentiate yourself in the marketplace. It is very important to do a thorough job during this part of your market research as you will be coming back to the information you have gathered oftentimes during the planning stages of your practice. 9 STEP 3: DETERMINING THE LEGAL STRUCTURE OF YOUR PRACTICE This section does not replace consultations with an account or a lawyer. It is included to provide basic information so that you can become informed about options and then be an active participant when consulting with professionals. There are many forms that a private practice can take ranging from a solo practitioner to a corporate practice with shareholders. The legal entity you choose will directly impact the tax structure and operating structure your business will have to take. It is important to remember that you can start your business in one format and later on transfer it into another format with little difficulty. When you consult with a lawyer and/ or accountant make sure beforehand that they have the knowledge and expertise to handle your specific needs. In my case, I decided to find out who the New York State Physical Therapy Association used as an attorney and consulted with them on the assumption (correct) that they knew the profession from a legal stand point. This is also the section where I found myself saying, “ remember, it is always better to ask permission than to beg forgiveness”. Find out the rules and regulations within your state and make sure you follow them to the best of your ability. Remember too that there are rules, exceptions to the rules, and rules that prove the exceptions. Please note: This information pertains to practice in NY State but can serve as a guide to those of you out of state as well. No matter what state you practice in, for starters, find out whether your state has a Corporate Practice Act ( most states do) This helps to determine whether you have to be a professional as opposed to a general business corporation. The two broad categories that your business can fall under is either as a corporation or an unincorporated business entity. A corporation is recognized as a separate legal entity. UNINCORPORATED BUSINESS ENTITIES *1. Sole Proprietorship - This is an unincorporated business entity. In New York City (any of the five boroughs) you file a Certificate of Conducting Business Under an Assumed Name (DBA – Blumberg Form x201), which you can do yourself at the local county clerk’s office. (DBA stands for “doing business as”). Here are the basics of registering a DBA ( Doing Business As) in NYC- You need to fill out a Blumberg X201 form, which you can find at a commercial stationary store that sells legal forms or call Blumberg at (800) 221-2972 or visit www.blumberg.com. In Manhattan, the form has to be filed at the: County Clerk Office 60 Centre St Room 103B 212 374 8361 Locations of other county clerk offices can be found online. 10 In accordance with New York State General Business Law (Section 130), the County Clerk accepts and files certificates of persons conducting business under an assumed business name. The General Business Law requires that individuals or partners conducting commercial activity under a name that is not their real name must file DBA certificates with the County Clerk. Filing a DBA protects the business name from use by others in the county where it is filed. There are three basic DBA filings; an original, for amendments and for discontinuances. Original DBA Prior to filing an original DBA, the filer reviews business names already assigned to ensure that the desired name is available; a list or computer search is available for public viewing at the information counter of any County Clerk’s Office. Once the filer is sure the desired name is available he or she completes a DBA form. The form is presented to a clerk for filing. The fee varies from county to county but does include the filing, a copy for the filers records and a certified copy for proof of filing. A certified copy is normally required by banks when opening a business checking account. Amending or Discontinuing a DBA A DBA can be amended by filing the appropriate amendment forms. Amendments can only be filed to change the business address, the business name and to add or remove (withdraw) partners. Amendments and withdrawals require a reference to the original, or most recent filing. When individuals or partners cease to conduct business, a DBA can be discontinued. A DBA is discontinued by filing the appropriate forms at the Clerk’s Office. Call or check online in advance to find out the fee, and the forms of payment accepted . For DBA’s you can use your SS # - you do not need to get a tax( employer) ID number. Prior to going, you should also check online at a domain name company (ie. GoDaddy.com) to make sure you can also capture the name as a domain name for your website. With a DBA, legally and financially, the therapist and the business are one in the same. Your profit from the business is treated as your own income for tax purposes. You have full control, and unlimited liability. You are personally liable for all the expense and debt of the business, so theoretically your personal assets are at risk. You can get both malpractice and general liability insurance as a sole proprietorship. This is how most private practices start out and how most private practices end up. This can also be done without the assistance of a lawyer. REMEMBER you can also start your practice as a sole proprietorship and transfer it over time to another form of business entity. 11 *2. Partnership – This is when two or more people come together to form a business entity. In NY you can register a partnership as a DBA using the Blumberg form mentioned above. You share control and profits but also have shared personal liable for all the business debt and expenses. IN NEW YORK YOU MUST BE A MEMBER OF THE SAME PROFESSION to form a partnership, and must follow NY Partnership Law. ( Consulting a lawyer on this is the prudent thing to do). INCORPORATED BUSINESS ENTITIES 1. Corporations – The legality of setting up your practice as a general business corporation differs from state to state. Some states, including NY State have a Corporate Practice Act that clearly states that general business corporations (inc.) are NOT authorized to practice physical or occupational therapy services. For other states: CHECK WITH YOUR STATE EDUCATION DEPARTMENT OR WHICHEVER STATE ENTITY THAT GRANTS YOUR STATE LICENSE OR REGISTRATION to see if you have a version of a corporate practice act. There are several allowable types of corporations in New York State: a. Professional Corporation – P.C. – Professionals, in accordance with Article 15 of the Business Corporation Law, form a professional practice by registering with the State Education Department and the Department of State. All shareholders of the professional must be licensees of one profession. The PC may only practice that profession. A PC is taxed as a corporation, and any profit left in the company would be taxed at the corporate level. You must take all the profits as salary in order to avoid taxation at the corporate level. b. Professional Limited Liability Partnership – PLLP Professionals in accordance with Article 8B of the Partnership Law form a professional practice by registering with the State Education Department and the Department of State. This may be formed by members of certain different professions to offer multi-disciplinary services Profits can be treated as personal income so you are only taxed once, not twice like at the corporate level. c. Professional Limited Liability Company – PLLC - Professionals, in accordance with provisions of the Professional Limited Liability Company Law form a professional practice by registering with the State Education Department and the Department of State. This organization may be formed by members of certain different professions to offer multidisciplinary services. (cannot include professionals licensed in Medicine and Dentistry). Taxation is the same as a PLLP. *A sole proprietor and or a partnership may have more difficulty securing a bank loan if that is the route you are going to finance your practice. 12 The issue of whether to select sub chapter S status for your corporation is beyond the scope of this workbook, but is something you should definitely discuss with your accountant – it is an election for tax purposes, not legal purposes. Detailed guidelines on the specific requirements for each type of business entity can be found at: http://www.op.nysed.gov/home.html GETTING A TAX IDENTIFICATION NUMBER (EIN) – An Employer identification number, also known as a Federal Tax Identification Number is a nine digit number that the IRS assigns to business entities to report tax information. The IRS uses this number to identify taxpayers that are required to file various business tax returns. If you decide to start out as a sole proprietor, it is okay to use your social security number as your tax identification number. If you are opting to organize as another type of business structure mentioned above, you need to apply to the IRS for a tax identification number – this is an easy process and can be done online – The form you are required to fill out and submit is FORM SS-4. You can go to www. irs.gov/pub/irs_pdf/fss4.pdf for the form. 13 STEP 4: CHOOSING A NAME: When the “I” becomes “We” Therapists often wonder whether to begin their practice under their own names or to develop a company name. When starting out as an occupational therapist, it didn’t take me long to realize that I didn’t have to call myself an occupational therapist to be one. Holding yourself out to the public under a business name is often easier, and more meaningful when you are starting out. When I started out as Iris Kimberg, Occupational Therapist I was forever explaining what it was I offered. When I came up with the business name of Home Therapists Association, there was instant recognition of what it was I offered – home therapy!! Having a name that describes the services you offer can go a long way especially in marketing. The creation of your public image begins with your choice of a business name, and the moment you name your business, you no longer are just a person who provides therapy, but a business offering therapy. A great deal of the marketing you will do is to the general public and NOT to the medical community so a descriptive yet professional name can be very helpful. You want the name to reinforce the image you are trying to create. The Yellow Pages, both on and off line again is a good source of information to get ideas about what others have named their businesses. Keep your eye on future expansion from the start and try not to choose a name that may be self-limiting in the future unless you are sure you want to stay within a narrow target market. Web Name Registration Make sure the name you are thinking about is available to you as a domain name for a web address/site as well. Sometimes your names may be available as a business entity, but may be already taken as a domain name. Even if you are not ready to set up a website immediately, it is always a good idea to secure your web domain name (that matches your business name) as soon as possible because often they are taken. It is very low cost and is renewable yearly. Here are 2 domain name registrars that I recommend – www.networksolutions.com and www.godaddy.com. Remember that you are just registering a domain name, not purchasing a hosting package. That you will do when you actually want to have a live website. Oftentimes when therapists choose to practice under their name, and later grow to hire additional staff therapists, patients are reluctant to be treated by anyone other than the owner of the company. For long term planning purposes, there will come a point when you will be doing more administrative and less hands – on direct patient care. This will be much easier to accomplish when patients are used to coming not to an individual, but to a facility that offer therapy, by you as well as others. Operating under a business name early on helps to create the atmosphere that you have a company with many key personnel – people begin to know your practice not just by your name but by the company name. It is important to remember that if you do choose a business name, make sure it is listed on all your documents including insurance policies to prevent any confusion. 14 If you do decide to create a business name, as a DBA when you go to file the Paperwork, you will have to do an on -site computer search (at the court house) to make sure the name is not already taken. If filing as a corporate entity, that will be done as part of the filing and your lawyer will be notified if the name you selected is available. Once you have selected a name have a logo designed, which again reflects the image you want to create. Your name and logo needs to be incorporated into all material that emanates from your business – business cards, letterhead, mailing labels, fax sheets, business checks, web sites, email addresses, and signage. Your name and design will establish a sense of stability and consistency by its own ubiquity. 15 STEP 5: MINIMUM START UP REQUIREMENTS A. THE BUSINESS PLAN – FORMAL OR INFORMAL A business plan can be a very complex or a simple document; I have seen some written on the back of a napkin to serve as a self-guided path, and others as long as a 100 page document used to solicit for investors. What is most important is to invest some time and effort on your own to establish one. A written business plan can be a helpful tool to provide a detailed specific description of your practice as well as a place to format the future planning of your practice. For therapists who are looking for outside funding for your practice (be it a bank loan, line of credit or if you are looking for partners to go into practice with you), the business plan is essential, and a formal one should be created. It is a formatted explanation of the steps that need to taken to meet the objectives of starting and running your business. Even if you plan to fund the business yourself, having some sort of written plan or blueprint for yourself still helps to clarify things, and encourages you to remain focused. It can also be a tool to review and measure your progress over time, keep you on track and make sure that you have covered every point. It is a tool you can use to try to pinpoint the reasons for success or causes of any failures. I did not write my first business plan until ten years after I started my practice, and did so only when I was contemplating getting investors. The nice thing about writing a plan for yourself is that you can do it in pencil; that is, you can be flexible and adapt it as your practice evolves. Regardless of whether you do a formal business plan for a potential lending source or an informal one to serve as a self-guide, the following topics should be included in one. Much of the information to be covered in the rest of the workbook is based on the contents of a business plan. For those who require a formal plan, online resources for help are listed below. Business Plan info: http://www.sba.gov/category/navigation-structure/starting-managingbusiness/starting-business/writing-business-plan 16 CONTENTS OF A BUSINESS PLAN or “Is failing to plan planning to fail” 1. Cover Page – Company name, address, telephone number, principal owner(s) 2. Executive Summary – Summary describing the business (including legal status), location(s), mission statement, services to be offered, current stage of development, marketing strategy including target market, competitors, management and organizational plan, and long term goals. The summary can generally be one or two paragraphs. If you are looking for funding it is the place to initially tell investors or the bank what the funds will be used for, or how potential investors will be rewarded. 3. Business Description – A. Describe the business (mission statement, your goals, any relevant history about yourself, and how you got to the place where you are, as well as your plans for the future and how you will get there) B. Industry analysis (can include description of the industry, current trends and opportunities, economic cycles, supply and demand data) C. Target Market/ Competitors – (can include description of customers and client demographics, who and where competitors are, and what their position is in the marketplace. You may want to list the strengths and weaknesses of each competitor, and how you will carve out a place, and capture some of the market for yourself) D. Market Plan/Strategy - (can include what makes this business/practice unique, how will business be promoted – include the various types of marketing vehicles and methods you plan on using such as press releases, advertising, internet, participation in community events, trade shows, participation in professional organizations) E. Synopsis of Operation - (can include how the business will be run and organized, methods of quality control, initial capacities, whether you will have a Board of Directors, mechanism by which key decisions will be made) F. Structure of Internal Organization -(can include principles and other key employees, advisors, consultants, management style, organizational chart) G. Long Term Plan - Where do you see the business going in the next five years? Here is where you can show potential for secondary/complementary markets, and potential for multiple locations, satellite clinics, etc. Despite the fact that therapists are so capable of making short and long term goals for their patients, this is often the most neglected aspect of planning that therapists do for themselves. Early on, it is important to build in ways your practice can function without you doing all the hands on treatment. 4. Financial Information - If you are creating the plan because you need funding, here is where you need to show how much capital you require to get started, and how much money you can expect to make from your company. This section traditionally includes personal capital being used, amount of capital needed in total for project, equipment list with breakdown of cost and vendors, analysis of break-even point, projected profit and loss for first twelve months of operation. 5. Supporting Information -This can be done as an Appendix and can include resumes, letters of recommendations, job descriptions, contracts you plan on bidding on or applying for) 17 THE SUNFLOWER MODEL – adapted from SMARTUPS Lessons from Rob Ryan’s Entrepreneur America Boot Camp for Start-Ups Sunflower Center – Analyze Core Competencies _____________________________________________________________________________ ___________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Sunflower Petals – Products, Services and Markets, Ways to Leverage Core Competencies _____________________________________________________________________________ _____________________________________________________________________________ ______________________________________________________________ ________________________________________________________________________ Sunflower Stem – Underlying Assumptions _____________________________________________________________________________ _____________________________________________________________________________ ______________________________________________________________ ________________________________________________________________________ Planting and Making Your Sunflower Grow _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _________________________________________________________ 18 ____________________________________________________________ Example – Iris Kimberg/NYTHERAPYGUIDE Sunflower Center (Core competencies): I am adept at offering business advice to healthcare professionals Stem (assumptions): (1) There will always be new therapists coming into the marketplace who want to start private practices and do not have the necessary skills. (2) There will always be therapists already in practice who need guidance in how to best position or grow their practices for the future. (3) There are not that many consultants who offer what I do. Petals (services/products to best leverage my core competencies: (1) Consult to therapists beginning practices, (2) Consult to therapists looking to expand or sell their practices (3) establish academic programs in accredited schools to teach my core competencies (4) offer workshops on my core competencies (5) offer products, material related to my core competencies 19 B. INSURANCE (MALPRACTICE, GENERAL LIABILITY AND RISK MANAGEMENT FOR RELATED SERVICES) Regardless of what legal form your business takes, it is absolutely essential that you take out both malpractice and general liability insurance. Common insurance carriers for therapy practices are listed on the Resource Page in the back of this book. Keep your insurance paid, and current in terms of information. If you have limited hours in the beginning, inform your broker and the cost of the premium will be adjusted. As you add hours, the onus is on you to inform the broker so your policy and premium can be accurate. In addition make sure you inform your broker if you add on a location, provide services at another location or hire any employees or independent contractors. For everyone’s protection you may want to have them listed as an “additional insured”. Once you have insurance, do not hesitate to ask your carrier for advice should a question come up. All insurance carriers have lawyers on staff who work for them, (and thus, you) and are there to answer questions regarding how best to protect yourself. In private practice today, it is not uncommon for therapists to offer services that extend beyond the traditional realm of therapy, including but not limited to the provision of fitness or wellness related services, consulting, offering seminars etc. One consideration that is sometimes overlooked is the risk exposure when beginning such programs. It is important to realize that not all of the risk exposure involved in the provision of a therapy-related service may be covered by your professional liability(malpractice) insurance. The majority of professional liability policies are designed only to cover therapists for medical incidents that occur while performing a professional service. For insurance purposes medical incidents are considered any act, error or omission in your providing or failure to provide professional services, including your responsibility for anyone acting under your direction or control. For starter it is important to determine whether your services fall within the scope of the practice act in your state. It is necessary to understand what you can and cannot do before you enter a new area of practice, and distinguish between the provision of a professional service versus one that is more general such as a wellness or fitness related service. This is not to discourage you from providing the complementary service, but rather to help you be prepared and knowledgeable in regard to your level of exposure and risk in providing the service. You also need to consider whether your scope of personal competence is compatible with the type of service you wish to provide. Under most policies that are issued to therapists, in order for an incident that results in harm to be covered by malpractice, there would have to be a direct relationship with the client or patient that is performed and documented. The interpretation that a interaction occurred during a direct therapist/ patient relationship requires that there be a level of what is considered the six elements of patient/client management. The elements are examination, 20 evaluation, diagnosis, prognosis and intervention and a medical referral. For many therapists today running wellness programs, yoga classes, play therapy etc. it is conceivable that the way therapists have structured these complementary services makes them fall outside the realm of their malpractice coverage. The prudent thing to do is first determine whether your existing malpractice insurance policy is sufficient as is, or whether other coverage may be needed. This can only be done by speaking directly with your carrier to make sure that all of your practice-related risks are adequately covered. Be prepared to give details about the services you offer including the types of classes, who runs them, if medical clearance is required for participants, whether you have waiver forms etc. Should you find that what you are offering in your practice falls outside the realm of coverage under your policy, you might consider changing the format or style of the class or program so that it becomes a covered part of your practice. Some insurance carriers offer supplemental policies to add to your original coverage in order to provide protection for services that you provide in a non-medical capacity. This type of endorsement is for therapists who use their knowledge as a licensed professional to provide non-medical services such as teaching, acting as an expert witness, speaking at seminars, and consulting. Otherwise, it may be wise to purchase an additional policy. There is a growing segment within the insurance industry that now offers what is considered a “wellness” professional liability policy. In some cases it might be necessary to join a sponsoring group on order to be able to purchase the insurance. For additional information, you can visit www.fitnessandwellness.com , www.fitnesspak.com, www.cmmeiers.com C. THE PLACE OF BUSINESS There are many factors to take into consideration when deciding where to set up your practice. The location of your practice is particularly important and requires doing the proper research and asking the right questions. This is usually the first real investment you make in your practice. In addition, your location is the first impression clients will have of your practice, oftentimes even before they have met you. There has to be a degree of compatibility with your business location and the image you are trying to project. For some, initially, the most cost effective place to run your practice is out of your home, or by subletting a space. USING YOUR HOME AS AN OFFICE: Some therapists do offer in office treatment in a section of their homes – If you want to consider this as an option, city dwellers need to get approval from their landlords, co-op or condominium boards and home owners need to find out whether there are any local town ordinances or laws that prohibit certain commercial or service entities from being in a residential community. 21 SUBLETTING: One option to explore is subletting space either from another therapist, a physician or somewhere in the community like in a gym, or health club. A targeted mailing to health providers in the area where you would like to set up asking if they have any or know of professional office space to sublet can usually do the trick. Make sure that an attorney reviews any lease or sublet agreement and that the parameters of the agreement are clearly spelled out. In addition, if you are subletting from a medical provider, Medicare has established guidelines to follow to formalize the nature of the relationship between the “sublettee” (you) and “sublettor; This was done specifically to avoid confusion as to the nature of the relationship and to avoid any appearance of impropriety regarding fee splitting, reduced rent for referrals etc. Language to include in any sublet arrangement between you and a medical provider is: “The rental amount is at fair market value, has been fixed in advance and does not take into account either directly or indirectly any volume or value of referrals or other business that could potentially be generated between the parties. The rental amount calculation is based solely on the amount of space and duration of time that the premises will be used by you". Also discuss with your attorney whether you might be better off with a “Space Use and License Agreement” instead of a formal sublet agreement which can make you responsible for all the terms of the lease. RENTING SPACE: If you have decided that you want to rent space on your own, it is first important to know the types of space is available; professional, commercial and retail. The type of practice that you are setting up with help to point you in the right direction as to what type of space would most suit you. Professional office space is also usually the most economical and is space located in a building with other health care providers such as dentists and physicians. This is ideal for therapists with a focused or niche market (i.e. such as hands) since most of the patients will come through referrals. Commercial office space – This is general commercial space; for an urban setting, this can be in an office or mixed used (residential and commercial) building and in the suburbs can be in a strip or mini mail. For practices that will focus more on the general population, such as in wellness or sports performance, this is ideal. Retail office space, almost always the most expensive is storefront space in a mall or street. Although this gives you the most visibility, there may not be enough justification for this unless you are in a direct access state where you do not need a physician referral prior to starting and can accept more or less “walk-in traffic”. Do not pay for ground floor space if, due to patient privacy concerns, you have to frost or cover the windows. Once you narrow down the type of space you are look for, there are several factors to take into consideration to determine where to look for the space. Go back to the WHO WHAT and 22 WHERE section and review the area demographics. While you do not want to open in an area that is saturated with practices, if there are specialty practices that could be complementary to your practice, it might be good to open near them. It is ideal if your practice is in the same vicinity where you live. Not only will be more convenient for you, but from a public relations point of view, consumers will appreciate the fact that you are a member of their community It is important that you choose a location that matches the need you have identified. If you know a community is underserved, make sure you are in a central location of the underserved community. If you are starting a practice because a physician needs a place to send patients, it stands to reason you should be located near that physician. It is always good to be in close proximity to a hospital or medical center or in a medical/professional arts building. Make sure you are in a central location close to mass transit if you are in an urban setting and close to highways etc if you are in a suburban area. It is almost essential that the space you decide on is wheelchair/stroller accessible( even if you think your clientele will be 100% ambulatory). Certain state and federal contracts that you may want to pursue in the future require that the principle place of business be wheelchair accessible. Also when you are factoring in the size of space, remember that there will be a time requirement (state by state) for how long you need to keep a copy of the chart; in NY for adult care it is 7 years, pediatrics until the child turns 21! This can add up to a great deal of space over time that must be in a HIPAA compliant area. Also note that some contracts may not allow you to store charts off premises without prior written permission. TERMS OF THE LEASE: An “ideal” location can quickly turn into your worst nightmare if you do not cover basic points when negotiating a lease: Find out the lease of the lease and whether you can have an option to renew. Does the lease offer any options to exit before the expiration date? Are there provisions to allow you to sublet? Make sure there are no restrictions on the hours you can have access to your space (including weekends) – especially in the beginning, you want to have the option of early morning, evening and even weekend hours. Some buildings turn off elevators and heat during the weekend – it is important to find this out before you make a commitment. Are the utilities your responsibility or the landlord’s? What are the average monthly costs? Are there any known difficulties getting phone lines, electrical lines into the space? Is there a superintendent/building manager/landlord on premises or nearby? Is there any known upcoming construction or new building that may be slotted for the area that could impact your location and patient foot traffic? Does the space have individual temperature control? Does the building have a secured entrance? Explore the usual activity in the area both during the day and at night. 23 First time business owners sometimes have difficulty proving financial stability to landlords. Show potential landlords potential contracts you have with insurance companies, Medicare etc. to prove you have financial viability. The decision of leasing or buying a space always boils down to one thing – finances. It is almost always better to start out by leasing; usually a 3-5 year lease with an option to renew is good. If you can negotiate the renewal terms at the onset, that is advantageous. D. CONTRACTING WITH INSURANCE COMPANIES Managed care is everywhere and marketing to the insurance industry has become a necessity for almost all practices. While you are still in the planning stages and long before you open your doors, apply to become a provider with key insurance carriers, HMOs etc. Regardless of whether you intend to treat Medicare patients are not, it is almost always helpful to become a Medicare provider. At this point all other insurance carriers, HMOs, plans etc. look to Medicare and follow their lead for provider approval, all coding, billing, fee schedules etc. Some networks will automatically include you as a provider if you have met the proper credentialing for Medicare. Approval as a Medicare provider can take from 6-8 weeks so apply early. Being an approved Medicare provider can help you establish instant credibility with other carriers, is a plus when you start marketing, and may even help if you are planning to secure bank financing. Whicj HMOs, PPOs should you try to become affiliated with? Becoming a provider in at least one plan can only help you in the beginning. It is a relatively easy way to get your name out and have patients coming in to jumpstart your practice, regardless of whether the fee you are receiving is the one you are entitled to. To decide which ones to apply to: Go back to your Who What and Where Info from Step Two. See what plans other therapists in your vicinity participate in, and let that be your guide. If there are plans that you see they DO NOT participate in try to get approved by them as well – this may end up being a key marketing point for you in the beginning. If there are particular physicians that you know will be referring patients to you, you want to make sure you participate in the same networks as they do. Find out what plans the major employers in your vicinity offer their employees as plans. These will constitute the patient pool you will be treating; for example, in the NYC area I would contact the Human Resource Division of places like the NYC Department of Education, Verizon, Con Edison to see what plans they offer their employees. 24 When you are discussing fees with any plans, most times they are pre-determined. However, should you have special certification (i.e. Certified Hand Therapist, SI, or NDT Certification, present yourself as a “specialist” and not a “ generalist” and see if you can “carve out” a special fee for your service. What to do if you are “locked” out of a plan? Unfortunately, oftentimes HMOs and PPOs periodically stop accepting new therapists as participating providers, stating that they are saturated with practices in that particular geographic area. For starters, make sure their information is current. Oftentimes, therapists drop out of plans, but their names stay in the database. Make sure that the practices in the area are still active participants. Letter of support for your enrollment from physicians stating why your participation in the plan is needed also can be helpful. Finally, try to zero in on something that your practice will offer that the others don’t. For example, if you are the only therapist certified in lymphodema on the Upper West Side, you should be included as a participant regardless of how many other practitioners are members of that network. . DO YOUR OWN RESEARCH – FIND OUT WHAT IS LACKING, MISSING IN THOSE PRACTICES, AND OFFER IT. Give the plan a specific reason (be it a modality, a treatment, a program that you offer that no one else does) as to why your participation in their plan is crucial for them (not you). If all else fails, ask to be put on a waiting list and periodically check in with the carrier. Enrolling in Medicare A therapist opening a practice must enroll themselves, their business and any therapists they employ. A separate enrollment form is required for the business and each therapist must enroll and receive a UPIN (unique provider identification number). Medicare process a claim for the services provided by an individual PT under the PT’s UPIN. Should a therapist want payment to go to the business name, another form (CMS FORM 855R) must be submitted to the Medicare carrier or fiscal intermediary. This essentially reassigns the monetary benefits to the business. Make sure you have your NPI number before attempting to enroll in Medicare. Oftentimes there is confusion regarding enrolling and participating in Medicare. Treating Medicare patients does not necessarily mean you are participating. Participating Provider – This means that you will always accept assignment on any claim submitted for services rendered to a Medicare patient (beneficiary); that is, you agree to accept Medicare’s payment as payment in full and are not allowed to collect any monies beyond the deductible and co-payments. Medicare will reduce its payment by 5% and then pay 80% of that amount to you. One advantage of being a participating provider is that Medicare will often process the beneficiary’s secondary insurance automatically for you (as long as the beneficiary has assigned payments). This eliminates a billing step for you. Non-Participating Provider – This means that you have the option of accepting or not accepting assignment on a claim-by-claim basis. As a non participating provider although Medicare will again reduce payment by 5% and then pay 80%, you can bill the beneficiary 25 (patient) for the remainder of the full amount due (as long as the full amount does not exceed Medicare’s charge limit). To find out whether you must file Medicare claims electronically or whether you fall into the “exceptions” category, check out: http://www.palmettogba.com/palmetto/providers.nsf/DocsCat/Providers~Jurisdiction%2011%2 0Part%20B~Browse%20by%20Topic~New%20to%20Medicare~8EELTA8837?open&navmenu=Bro wse^by^Topic|||| OTHER INITIAL INSURANCE CONTACTS WORKER’S COMPENSATION– Although worker’s compensation insurance differs from state to state, when an employee becomes sick as a result of the employment environment (considered a non-traumatic injury or occupational illness) or is accidentally injured (considered a traumatic injury) in the course of performing their job, medical care costs (including therapy) is covered either under a federal or a state plan. On the Federal level, employees of Federal agencies (civilians) are covered under the Federal Employee’s Compensation Act (FECA). For most practices, it is a good idea to become a provider for Worker’s Compensation. Go to the Worker’s Compensation Board in your State and find out the procedures to become an approved provider. At that time you will also need to get the Fee Schedule for your state or region within your state and find out the documentation and authorization requirements for treating patients covered by WC. NO FAULT INSURANCE for MOTOR VEHICLE ACCIDENT LIABILITY When a person is injured in an automobile accident, there can be coverage from a number of sources depending on the state where you are: there is Med Pal (the medical coverage on a motor vehicle policy), the private health insurance that the person may have, no- fault insurance, enacted by law in many states (including New York) under which compensation is made regardless of who is at fault, and finally coverage by the state where there is an uninsured motorist at the wheel. The amount of coverage varies from state to state – for example in NY, No Fault will pay up to $50,000 in medical bills, including the cost of occupational, speech and physical therapy. One way to potentially get referrals on No-fault patients is to contact attorneys who specialize in automobile accidents. ****Please note that in NYS (for WC and NF) it is okay to add a 50% surcharge to the fee for every treatment session that you provide at home (as opposed to in-office). This applies to those therapists who will be starting a practice that provides therapy in the patient’s home. For therapists in other states, inquire as to whether there is a similar standard surcharge for home visits. PRIVATE INSURANCE CARRIERS Most large private insurance carriers now have managed care divisions for people who have had catastrophic injuries. It can be very helpful to market directly to the case managers of 26 these units; they are responsible for referring patients for care as well as authorizing the payment of the bills. There is nothing better than getting a referral from the source that will also be paying your bill. It can be very helpful to send out a letter of introduction to some private insurance carriers to find out whether they have managed care departments so that you can market your practice directly to them. For a full listing of insurance companies throughout the country: American Association of Health Plans www.aahp.org ESTABLISHING A CASH BASE TO YOUR PRACTICE Even if you do not think that you will initially have a cash based practice, it is important to set the stage from the onset to build one in to your practice. You can do this by establishing your own fee schedule for initial evaluations, ongoing treatment, consultation time, etc. Even if you work as a participating provider with particular patients, depending on the terms of your insurance contract, your patients may be able to become cash paying patients if they still require services beyond what the carrier is paying for. To make it easier for patients you might want to consider accepting credit cards as a form of payment in addition to checks and cash. Credit card payment can be arranged through an outside group such as Paypal or through the bank where you have established your business account. E. Financial Considerations BUDGETING The financial unknown and the risk associated with borrowing and spending money for a practice can be overwhelming and in some cases paralyzing. For many determining your financial needs (how much money you need to start and to stay afloat for the first six months) is done while you are working on your business plan, with the goal being to make financial projections about your expenses and needed income. This will then let you see whether you have enough money to do this on your own or if you will need to borrow money. A budget is traditionally viewed as a financial statement of the expenditures (expenses) over a specified future period of time in relation to the income being generated (revenue). Creating a budget can be easier to do if you: List your anticipated expenses and then determine your needed income. Almost all practices have similar expenses that must be funded such as furnishing, supplies, equipment, utilities, insurance costs, space and personnel. These are often referred to as overhead. Remember that in the beginning you will probably have some additional one time expenses that will not normally be in your monthly budget such as a 27 security deposit, not only on the leased space but possibly on certain utilities and pieces of equipment. There will be two broad categories of costs that you need to take into consideration: fixed and variable. A fixed cost, such as rent, utilities, and insurance will remain constant despite any changes you have in the number of patients. The variable costs you incur will change in relation to how busy your practice gets, and include most consumable items such as office and medical supplies, marketing material, and salaries. EQUIPMENT NEEDS: The specific therapy equipment needs that you have will be determined by the type of practice that you have. If you know your practice has specific necessary equipment needs that require certain weight or construction specifications (i.e. – SI hanging equipment, large whirlpools, make sure you have cleared this with your landlord before you invest in them.) No matter what type of therapist you are or what type of practice you have your first piece of equipment should always be a locked, fireproof filing cabinet. In order to be HIPAA compliant and to enter in almost any insurance contract, you will need this.) Most therapists buy the basic treatment tables etc. and lease many of the equipment modalities. If you war considering making an initial investment in capital equipment (more expensive items with a long life span that can be depreciated over time), make sure you discuss this with your accountant. For your own information and planning, an easy way to figure out depreciation is to divide the cost you pay for something by its estimated “useful” life. Example: a treatment table costs you $500 and you assume you will need to replace it in 5 years. The annual depreciation rate would be $100. Equipment vendors are usually very amenable to leasing equipment, or leasing with an option to buy etc. How you acquire equipment can have a major impact on your cash flow situation. A lease will give you a fixed-term obligation to pay on a monthly basis for the use of equipment. Contracts can last from one to five years, often with an option to purchase the equipment at the end of the lease term. Especially in the beginning, leasing is an attractive option for many because: It keeps your up front costs down You may be able to negotiate flexible payment terms that work best for you: (1) Straight fixed payments: good for practices that have a set amount to spend each month, (2) deferred payments: can give you up to 90 days to begin payments which can help to build your cash reserves, (3) balloon payments: often based on a low rate and shifting most of the cost to the end of the term, which can free up cash for other uses during the term of the lease, (4) graduated payments: uses a schedule that allows a practice to pay smaller installments at the beginning of the lease period. Oftentimes, shipping costs, training and installations are included in the lease price. Establish what your potential break-even point is – roughly speaking, how many patient treatments you have to provide to cover your monthly costs. 28 For example, if your monthly expenditures are going to be in the range of $3000 per month, in order to meet this, assume you will have to provide approximately 47 treatment sessions per month (average fee- $65 per session), or roughly 12 sessions per week. ASSESSING THE NEED for SECURING A LOAN This is a very individual decision that depends on many factors. Most practices can be opened with some combination of personal resources such as savings, existing personal credit and loans from close family members and friends. For some practices it actually becomes easier to get a loan, not at the onset, but a year or so down the road when you are more established and can show concrete evidence of the potential of your business. If you do decide to get a loan for your practice, you will need to devote quite a bit of time to investigate sources of financing and potential lenders. Initially find out if you qualify for any loans for minorities, women owned business and military personnel. Start with the bank where you do your own personal banking, where you have a mortgage etc., but do check out other lenders as well. You will probably have to present a business plan, as well as personal and financial documents including prior tax returns (usually 2-3 years prior), and a C.V. Bear in mind that most lenders also expect that you contribute a percentage (up to 20%) of your own capital to your business. Debt financing (when you borrow a specific amount of money for an agreed upon term and rate of interest) is good for making major purchases, renovations of an office etc. If your primary financial concerns are cash flow, applying for a revolving line of credit might be your best option. BOOK KEEPING/INITIAL FINANCIAL RECORD KEEPING There are many software packages available to you tailored for bookkeeping purposes. In the beginning it is almost better to create your own books so that you can see exactly what is going on financially for your practice. Later on you can better determine what type of package will work for you. There are basically two systems of bookkeeping you can utilize: cash vs. accrual CASH METHOD: REVENUE IS RECORDED WHEN PAYMENT FOR SERVICES IS RECEIVED (not billed), AND EXPENSES ARE RECORDED WHEN THE BILLS ARE PAID. Using this method, you cannot match your revenues and expenses and it is much harder to get a picture of how your practice is actually doing on a month-to-month basis. (While the cash method is an easier method for tax purposes, the accrual method is helpful to really determine the cost of your services and how profitable your practice actually is.) ACCRUAL METHOD: REVENUES IS RECORDED WHEN THE SERVICES ARE PROVIDED AND EXPENSES ARE RECORDED WHEN THE EXPENSE ACTUALLY OCCURS. Using this method, at the end of each month, you add up the number of sessions provided to get your revenue number, and the expenses you had for the month. This provides you with more of an actual snapshot of your practice on a month-to-month basis. 29 Even if you use the cash method of accounting, which most private practices and partnerships do, it is very helpful to keep track of statistics using the accrual method so you can actually see how well your practice is doing. BILLING 101 - BILLING FOR SERVICES RENDERED When starting out, billing for your services is just about the most important thing you can do outside of treating the patients. As your practice grows and changes so will the method of how you bill, who does your billing etc. In the beginning, DO IT YOURSELF and DO IT OFTEN. Most practices have three types of patients: - private pay (patients who pay by cash, check or credit card) - patients with private insurance – here you can agree to accept assignment of benefits and bill the insurance carrier directly or have the patient pay you directly and help them fill out the forms for reimbursement as a courtesy to them -patients who are members of HMOs, PPOs etc. whereby the HMO pays you directly. VITAL INFORMATION TO INCLUDE IN INTAKE It is important to have a financial intake form where you record all of the insurance information on the patient. Taking down the financial information on the patient is as important as taking down the medical information. Ideally, you want to record information and verify it prior to beginning treatment. In order to verify a person’s insurance information, you may need to send the insurance carrier a signed release form from the policy holder allowing information to be released to you. Here is a checklist of what to include in your intake form: Name of insured if different from patient, relationship to insured, SS# of patient and insured, policy number, Name of employer, Name of insurance company, and telephone number. When you ask about the specific coverage a person has, make sure you find out about the person’s deductible and whether it has been met for the calendar year, and any copayment/ co – insurance that the person is responsible for. When you call and verify coverage make sure you record the name of the person on the telephone. You can also ask whether they require a completed insurance form and assignment of benefit form each time you submit a bill, and whether they accept universal billing forms. If your patient has an insurance card, try to make a copy of it when they come in for their first appointment. On the bottom of your intake form, you should include a statement that the patient or someone acting on the patient’s behalf should sign: “NOTE: Your health information will be kept confidential. Any information that we collect about you on this form will be kept confidential in our office. Please note if a claim is submitted to an insurance company on your behalf, the health information on this form will be shared with your carrier.” 30 The onus is on you to bill and bill correctly. Even if you ultimately hire an outside billing service or an in-office medical biller, the only way you can make sure that the bills are correct is if you yourself know the correct procedures. In addition, you are ultimately responsible for any billing errors made on your behalf, regardless of who actually does the billing. No matter what, you need to establish your policy and procedures for billing. To determine what your fees are for private patients, go back to Section Two WHO WHAT WHERE. See what the general going rate is in your vicinity, or what the insurance industry calls “reasonable and customary”. Bear in mind that in NYS determining your fee based solely on what other clinicians in your area charge is considered “fee setting” and is illegal. For many patients you see, the fees are already established by a Fee Schedule, which is based on the ICD-9 (diagnosis codes) and the CPT (current procedural terminology or treatment) codes. The codes were developed by the Health Care Financing Administration (HCFA) to assist in the assignment of reimbursement amounts to providers, originally for Medicare. At this point most managed care and private insurance companies base their reimbursements on the values established by the HCFA. A list of state-by-state Medicare offices available to answer specific coding questions is included in the resource directory. For billing Medicare there are some great websites that offer a free “Medicare” calculator, which is an online tool for calculating the allowed amounts for each CPT code in each state under the Medicare fee schedule. For PTs who are members of the APTA, you will have access to the online Medicare calculator. Others (including OTs and STs can go to http://www.cms.gov/PhysicianFeeSched/ Many therapists feel that they must go to a coding class to get a handle on how to bill using HCPCS. The specifics of billing are beyond the scope of this book but there are certain fundamental concepts that are important to grasp. The language of billing, regardless of your discipline, state where you practice, what you are billing for and whom you are billing is essentially universal, and is known as HCPCS. ICD and CPT codes are considered HCPCS. This is an acronym that means: H health care C common P procedural C coding S system The ICD codes are listed in the book, the International Classification of Diseases, Ninth Revision This is a book put out by the World Health Organization, and lists codes for most diseases and diagnosis. DIAGNOSIS CODING PROVIDES THE REASON AND THE MEDICAL NECESSITY FOR THE SERVICES THAT YOUR PATIENT IS GETTING. CPT Codes, or Common Procedure Codes are codes that describe medical or psychiatric procedures performed by physicians and other healthcare providers. Every year a new CPT 31 book comes out because new codes for new procedures come out. For example, this year laser treatments are coded because Medicare will now pay for them. There are red bullets put next to each new code. ALL THERAPY AND REHABILITATION IS BILLED USING HCPCS. IT IS VERY IMPORTANT THAT THE ICD9 CODES SUPPORT THE CPT CODES THAT YOU USE. THERE ARE SOME CPT THERAPY CODES THAT ARE TIME –BASED, AND OTHERS ARE MODALITY BASED and NOT TIME DEPENDENT. FOR ANY TIME BASED TREATMENT, YOU MUST DO A MINIMUM OF 8 MINUTES TO BE ABLE TO BILL FOR THE SERVICE AS PER THE APTA. The most common CPT codes for PT ST and OT are included in the Appendix. I recommend getting the HCPCS LEVEL One Book, the ICD 9 book and the Coding and Payment Guide for Physical Therapists (all listed in the Resource section in the back). In addition go to the following website: www.lmrp.net. This is the local medical review site and there is one for every state. It is an educational tool designed specifically to help providers submit correct claims for payment. It offers a very comprehensive list of diagnosis codes AND the treatment codes that they support. It is the fundamental tool used in processing Medicare claims, and is followed by other carriers. The bottom line in billing is that the treatment codes that you want to bill for must be linked on the list to the ICD-9 code of your patient in order for your claim to be processed and paid. In addition there is now a Correct Coding Initiative (CCI) Manual, which is designed to help identify and eliminate coding and payment problems. A Current copy can be ordered by calling the National Technical Information Services (703-605-6000) and requesting Chapter 11- Medicine, Evaluation and Management Services. Don’t forget the ICD-10s are coming: read all about it: http://occupationaltherapy.advanceweb.com/Columns/Taking-Care-of-Business/What-the-New-ICD-10-Means-forYou.aspx 32 Things to Remember in Billing: 1. You are not only entitled to bill for and collect any deductible, co-payment, co-insurance; law requires you to. It is considered illegal not to bill and collect this unless your patient proves that he or she is “medically indigent”. COLLECT ALL MONIES OWED YOU. (PAY SPECIAL ATTENTION AT THE BEGINNING OF THE YEAR, when deductibles have not been met.) 2. If you have agreed to accept payment directly from the insurance company, makes sure the patient signs the “assignment of benefits” section on the insurance form. Keep a copy of the signed assignment of benefits form in the file. A sample Assignment of Benefits form is in the Appendix. 3. If your patient has agreed to pay you privately or by credit card, have your patient sign a form that states the cost of each session, how many sessions they will be receiving and the terms of payment (due at the end of each session, weekly or monthly). If you want to make it a policy to bill for a session not cancelled within 24 hours, put that in the statement as well. 4. If you are treating a Medicare patient and you are not sure whether Medicare will pay for services rendered, have the patient sign an ABN or Advance Beneficiary Notice (see sample in the Appendix) 5. In many states you are entitled to charge interest on all bills submitted but not paid by insurance companies within 30 - 45 days. This must be clearly stated on each bill and you must request the interest payment. 6. If you have billed incorrectly or incompletely and your bill is pended, do not give up. Figure out the error and then resubmit your bill. 7. Should you feel that your bill has been improperly denied in its entirety, you can write to The State Insurance Commission of the state you are in. This is the regulatory body that oversees the insurance industry and is obligated to follow up and investigate every claim it receives. HIPAA COMPLIANCE FOR BEGINNING PRACTICES The Health Insurance Portability and Accountability Act (HIPAA) went into effect on April 14, 2003. The primary objective is to establish national standards for electronic health care transactions and code sets. To improve the efficiency and effectiveness of the health care system, the Federal Government enacted an Administrative Simplification provision of a 1996 law that required Health and Hospital Services to adopt national standards for electronic health care transactions. At the same time, Congress recognized that the growth of the electronic technology sector could potentially seriously invade the privacy of health information. As a result, for the first time, the government established Federal protections for 33 individual health information, which became effective April 14, 2003. This rule does not replace Federal, State or other laws that provide for even stricter privacy protection in some instances. The part of the law that most concerns us is the Privacy Rule. Because information is so readily available by e-mail, fax, Internet, electronic records it can easily be obtained by people that do not need to know information and could potentially misuse the information. When you are starting out in private practice, even if you do not plan on doing electronic billing initially, if you will be faxing, copying or emailing any patient information, you are required to be HIPAA compliant. HIPAA’s privacy rule addresses the following: 1. Greater restrictions for the use and disclosure of personnel health information. 2. Patients having more access to, control and protection of their health information. 3. Establishment of appropriate safeguards that healthcare providers must achieve to protect the privacy of health information 4. Holding violators accountable with criminal and civil penalties that can be imposed if they violate patient’s privacy rights. As of April 14, 2003, therapists in private practices have to incorporate the federal privacy standards to protect patient’s medical records and other health information provided to health plans, doctors, hospitals and other health care providers. Even if you are just starting out, it is important that: All practices appoint a person to act as the HIPAA Compliance/Privacy Officer to be responsible for seeing that the privacy procedures are adopted and followed. The privacy officer can be someone (like you or your office manager) who has other non-privacy related duties as well. Your practice must develop a NOTICE OF PATIENT PRIVACY PRACTICES. This can be a one-page document, which must be given to each patient, as well as be posted in the waiting room. This NOTICE should describe to your patients how medical information about them might be used in your practice. For example, personal health information may be used for treatment, obtaining payment, during an audit, in emergencies, or when required by law. Other points to include in your NOTICE is that patients will be asked for written authorization to use their personal medical information for any other reason than those listed above. In the NOTICE make mention of the fact that the patient has the right to review their personal health information at any time, to request that inaccurate information be corrected, to request a list of instances when the information has been disclosed for reasons other than treatment, payment or other administrative purpose. You must include that the patient has the right to restrict how the information is used and disclosed for treatment, payment and administrative 34 operations, and that the requests for restrictions will be considered on a case by case basis. The NOTICE must also list who the Compliance Officer of your practice is, where and how they can be contacted, and the fact that a patient also has the right to address concerns and complaints about a potential violation of their health privacy to the US DEPARTMENT OF HEALTH AND HUMAN SERVICES. A sample notice is included in the Appendix. Your practice must have a PATIENT PRIVACY CONSENT FORM (A sample is included in the Appendix) for all patients to read and sign once they have read your NOTICE OF PATIENT PRIVACY PRACTICES. In this consent form you have to again spell out all the circumstances that your practice may use or disclose the patient’s personal health information. In this consent form, it is necessary to spell out that it is your office policy to send a copy of the initial evaluation, progress notes, discharge notes etc. to the referring physician, and to the insurance company if requested to do so. Spell out that the patient is granting you permission to use and disclose their personal health information as described in the NOTICE OF PATIENT PRIVACY PRACTICES, and that they are releasing you and your practice from any and all legal liability that may arise from the release of such information. This consent form should also spell out the patient’s right to revoke this consent by notifying you in writing at any time except for that action which has already taken place. Once you grow your practice beyond yourself, it will become necessary to provide “training”(a policy manual) to any staff members/independent contractors that you might hire or enter into an agreement with. Essentially you will have to develop a policy manual that spells out who in your office will have access to confidential information, and how your practice will maintain the confidentiality of all the information it receives. The bottom line is that you have to spell out how you are going to “safeguard” patient information from being seen or used by unauthorized people, enforce use of computer system passwords, be able to “lock up” patient information, and keep others out of your administrative areas. You then have to have each employee, independent contractor or “business associate” sign a Confidentiality Agreement and Training Attestation. Included in that should be language showing that such training has occurred and that the person hereby agrees to maintain the confidentiality of all the information obtained in the course of their affiliation or employment with you including but not limited to financial, technical, or proprietary information about your practice as well as personal and sensitive information regarding patients, employees and vendors. Included in this statement must also be the understanding that inappropriate disclosure or release of patient information is grounds for termination. PLEASE NOTE: Although there is not a “HIPAA” police force out in arms, HIPAA cannot be ignored, and is enforced by the DHHS Office of Civil Rights. Failure to comply can result in a fine up to $100 per violation! Wrongful disclosure can result in punishments from $50,000 and up to one year in prison and upwards. Additional resources for info on HIPAA: http://www.hhs.gov/ocr/privacy/hipaa/administrative/ 35 Make sure you have a confidentiality statement included on all emails and faxes. PEDIATRIC THERAPISTS SHOULD BE FAMILIAR with FERPA compliance as well See appendix for examples and info on both 36 STEP 6: MARKETING Of all the hats therapists wear when starting out, the one most dreaded always seems to be the “marketing hat”. The problem is that most therapists see marketing as “selling themselves”, whereas in the service sector, marketing is really about building relationships and educating the community about the value of your service. Marketing in the service industry is more like an ongoing public relations effort; the more you interface with the public, the better. For starters, make sure that everyone you meet knows what you do; the services we provide are usually inherently interesting to many people! Initially, the most typical obstacle in marketing is that you have limited financial resources to put toward a marketing campaign so one of the first challenges and strategies to employ is to find inexpensive ways to promote your practice. Since you have already identified what need your practice will be meeting, it will be easier to identify where to target your marketing efforts. Traditionally therapists think in terms of marketing physicians since you need their prescription for treatment, unless you are in a state with direct access. However, within the last ten years a revolution in marketing in the healthcare industry has occurred in large part due to the pharmaceutical companies. In years past, drug companies used to market physicians because they were the ones who prescribed the drugs. However a shift took place and drug companies decided to market directly to the consumer using and paying for the product. The results for the drug companies have been incredible in terms of product recognition and sales. This same concept can hold true for therapy – therapists can market directly to the consumer and payer of the service as opposed to only the prescriber of the service. You need to get your name out to potential customers, and gradually build your name recognition. Try to position yourself for greater visibility in the marketplace, and continually educate prospective clients about the benefits you can provide them. A. TAPPING INTO PRINT MEDIA One way to get information out to the public about your practice is by way of your local newspapers. There are generally three ways to use the written media for marketing – they can be used alone or in conjunction with each other. CREATING A PRESS RELEASE A press release tells the community about your practice, either directly or indirectly. Therapists often overlook this option. As in most newspaper articles, you need to answer the questions who, want, when, where, and why. The more creative you are in your approach, the better the likelihood that the press release you send in will get printed. Highlighting your treatment of a local person is always a good approach. At times a press release will not be used verbatim but will generate enough interest on the part of the media to assign a news reporter to create a segment or story about some aspect of your practice. 37 Some local papers will automatically offer you a press release for paid advertising. The format for a press release and samples are included in the appendix. Make sure you send the press release on business letterhead, double-spaced for easy reading, and mailing it to specific recipients (i.e.. like the health editor). It is okay to send the same release to several persons within the same organization. ADVERTISING IN COMMUNITY AND SCHOOL NEWSPAPERS Many therapists take out ads in local newspapers when they first open their practice, and then never again. I recommend that once yearly, take out an ad – if your local paper has a special health issue, as many do, take out an ad then, if not, I suggest taking one out either in September or at the beginning of the calendar year. WRITING LETTERS TO THE EDITOR ON RELEVANT TOPICS If there is some therapy related news that might impact your community (i.e.. new Medicare caps) you can either try to write this up as a press release or standard article or as a letter to the editor. When you write a letter to the editor, you can increase the likelihood that it will be published if you make sure the letter is in consumer-friendly non medical language, it is focused and brief and any relevant statistics or research are mentioned. Do not be obvious in promoting yourself or your practice. MARKETING MATERIAL FOR YOUR PRACTICE Initially you will want to create coordinating business stationary, business cards, announcement cards or postcards. It might also be helpful to create a simple one page fact sheet about your practice, a “FAQ” (frequently asked questions) sheet and/or a simple brochure. Always keep in mind the basics of: Who are you trying to reach? What are you offering? How are you saying it? B. INTERNET MEDIA: GETTING A WEB SITE / EMAIL ADDRESS Healthcare sites are the single most visited destinations on the web. Having a web site is a relatively easy, efficient and low cost way to get the word out about your practice, and what you have to offer. If you do not want to start off with a web site, at the very least make sure you are accessible via email. An email address is a good marketing tool that provides consumers with an easy way to make initial contact with you. Make sure your email address has a therapy related name. . Other internet options to explore like blogging, social networking, getting reviewed online, and sending e-newsletters all can help jumpstart an existing practice or launch a new one. 38 Both are interactive, help to maintain a flow of ongoing communication and establish a direct innovative channel to you and your practice. A blog (short for weblog) is a website in which items are posted on a regular basis and displayed in reverse chronological order. It is a hierarchy of text, images, media data and links that can be viewed in an HTML browser. Authoring a blog, maintaining a blog or adding an article to an existing blog is called “blogging”. Individual articles on a blog are called “blog posts,” or “entries”. A person who posts these entries is called a “blogger”. Blogs use a conversational style of documentation and tend to have a main content area with articles listed chronologically, newest on top, an archive of older articles, a mechanism for people to leave comments and a list of links to other related sites, sometimes called a "blogroll". While there are many applications for blogging as a private practitioner, remember that the underlying goal is communicating some sort of message. Once a blog is established and running, it can reach more potential clients or referral sources by using what are called syndication tools, which are provided by the blogging sites and generate “feeds” to which a consumer can subscribe. You will get notifications when new comments and posts are added. An active blog can be a great vehicle to draw potential clients to your main practice website and can even improve your practices’ search rankings. Rather than just use blogging as a tool for self-promotion, you can focus on a niche within your field of expertise, and publish advice and commentary on it. It can help you position yourself and your practice as a “thought leader” in the industry. In a forum where your main objective is not to sell your services directly you can actually establish a more personal relationship between you and your clients as well as your colleagues. Blogging give you an opportunity to join potential clients’ discussions, provide insights into the therapy field and receive feedback about ideas you may present. There are many sites that will act as hosts for companies as well as individuals at no cost including Six Apart’s Typepad.com, WordPress.com and .org, and Google’s Blogger.com. Different blogging platforms offer different levels of service. Some like Blogger.com and WordPress.com offer both the platform, domain name and hosting for free. Others like Wordpress.org offer the platform for free but you then need to find and pay for your own hosting and domain name. Social networking including Facebook and Linkedin are now an integral part of the healthcare arena, as the consumer/provider relationship becomes less passive and more interactive. These web based social network services provide various ways to network and share knowledge through the Internet. This can be a great way to meet new colleagues, discover new referrals sources and share clinical information. In June 2011, Facebook launched a new division, called BranchOut, aimed to compete directly with Linkedin. One of the most popular sites for medical professionals are: 39 http://www.allbusiness.com/services/business-services/4515172-1.html Ask a patient or colleague to write a review your practice online: This can be done on Yelp, Citisearch, Urbanbaby etc. Send out quarterly e-newsletters to patients, families, colleagues and referral sources: Try using use ConstantContact.com or consider Mailchimp.com ( its free for up to 12,000 names) CONNECTING DIRECTLY WITH THE COMMUNITY Patient service organizations – When I started out, I began by going thru the alphabet (and the Yellow Pages again), A to Z thinking about all the diseases that began with each letter. It did not take long to realize that with each letter, many many diseases (and potential patients) came to mind. For example A – arthritis, alzheimers, alcoholism, amyotrophic lateral sclerosis, aged, amputee, arthrogryposis. For each disease, there is now at least one and sometimes many more patient service organizations to serve people with the disease. Very often, these organizations are thrilled to know of a practice that can serve the needs of their constituents and are only too happy to keep your information on file. Local community organizations – such as religious institutions, senior centers, YMCAs and YHCAs, community centers, and schools can be contacted and told about the services you offer. Participate in events to provide support to the community while promoting your therapy practice: scoliosis screening, pro bono care at athletic events, presentations at career days, booths at street fairs etc. You can offer in-services, lectures, fitness evaluations or self help courses, sponsorship of school teams, local races, sporting events or participating in local street fairs. Sometimes there are community bulletin boards where you can post your business card or flyer. Marketing and Managed Care – Becoming part of certain HMOs, network plans, preferred provider goes hand in hand with marketing to the public. Your name and practice will appear in many plan books for people to see (consider this free advertising). Physicians who refer their patients to you because of your participant in a plan can also refer their “private” patients to you as you develop a relationship with them. Direct Mailing To Physicians and Complementary Healthcare Providers Direct mailings still remain an affordable and efficient way to tell people about your practice. It is always still a good idea to send out announcements or letters of 40 introduction to physicians, other therapists (who may have complementary practices), discharge planners in nearby hospitals etc. A sample letter of introduction is included in the Appendix. Make sure you get your practice listed on the Referral Directory that the APTA, ASHA and the AOTA offer and check to see whether your statewide professional association has the same. 41 STEP 7: GROWING YOUR PRACTICE Once your practice is up and running, you need to make sure it continues to grow. Your success in the marketplace is really determined by the number of patients you have coming into your practice. Your goal is to increase the number of referrals you receive each month by: PATIENT SATISFACTION –The best way to expand your practice is by word of mouth. If your patients are satisfied with the treatment they receive, you can be sure that they will tell others about your practice and what you offer. Especially in the beginning, giving each and every patient individualized attention can go a long way. Even after you discharge your patient, I always believe in a follow-up telephone call, email, or regular letter four – six weeks after discharge. It’s a good way to see how they are doing, and keep your name and practice fresh in their heads. Remember that PATIENT SATISFACTION usually leads to REFERRAL SOURCE SATISFACTION, which should lead to more referrals. Now many practices do follow up surveys- this can be done on line (check out www.monkeysurvey.com) FOLLOW-UP AFTER REFERRAL - It is always a good idea to send a thank you letter after you receive a referral. It is an easy way to show that your practice is organized, responsible and that you offer individualized attention to your patients. A sample thank you letter is included in the Appendix. EMAIL OR MAILING TREATMENT NOTES - Regardless of whether your state has direct access or not, it is always a good idea to send the patient’s physician a copy of your initial evaluation, periodic progress report and discharge summary (make sure you have written permission from your patient to do this, have the proper confidentiality statement attached and use password protected documents). Again this is a vehicle to show the physician the type of service you offer. FOLLOW-UP ON YOUR MARKETING EFFORTS- Initially you will be sending out your announcements and letters introducing your practice. Keep in touch with your mailing list for the first year, even if you have not received any patients from them. Think of “new” news you can tell them: it may be in the form of expanded hours, a workshop you are giving, or that you are now participating in a new plan. This can be done in the form of a one-page newsletter in paper or email format. KEEPING A WIDE REFERRAL BASE – Never rely on one, two, or even three places to get referrals from. Assume that someday one of your primary contacts will stop referring to you because chances are they will. Always keep adding to the sources you get patient referrals from. FIND WAYS TO KEEP IN TOUCH WITH FORMER PATIENTS – check up on them, send birthday cards etc 42 Adding Staff: There will come a point in time when you start to take off some of the many hats you are wearing and will want to hire personnel to work with you. For most therapists you usually will hire one person who will multitask and function as your office manager, biller, and receptionist. Additionally you will probable consider at some point about hiring additional therapist(s) to work with you. Here it is very important to make sure you follow all the necessary guidelines of your state. For the therapists, you need to do research about whether you will treat the therapists that you hire as an independent contractor or as an employee. There are many pros and cons to each that are outside the scope of this book. Make sure you become familiar with both the guidelines of the IRS and the LABOR DEPARTMENT when you make decisions regarding this. Details about this can be found at: Department of Labor: www.dol.gov Internal Revenue Service: www.irs.gov In addition, before hiring any therapist in any capacity, make sure that part of your screening includes going to the website of the Office of the Inspector General (OIG) where there is state by state exclusion data base for screening therapists who should not be practicing. Make sure you check, not only your home state, but also states in your surrounding area. Office of the Inspector General: www.oig.hhs.gov. When meeting with any potential employee, there are certain legal and illegal employment inquires/questions you can and cannot pose during an interview. Before you schedule any interviews, make sure you are familiar with the appropriate guidelines, which are clearly spelled out at http://www.nolo.com. Please note that once you hire staff you will have to comply with other HIPAA regulations for employees that are outside the scope of this book but are detailed in the second workbook. Health Care Reform and the Private Practitioner - Update Winter 2011 The health care dollar pie is a simple three piece pie – one piece for patients, one piece for providers, and one piece for insurers. What has never been simple is understanding the sizing of the pieces – over time, we have watch the patient and provider pieces shrink, while the insurer piece grow. Now that the six month anniversary of the signing of the Patient Protection and Affordable Care Act(PPACA), commonly known as Health Care Reform has passed, we are beginning to see a number of its provisions take effect. The pieces of pie are being reformatted. No one can say definitively how healthcare reform will ultimately impact private practitioners, but all indications are that it should be a “boon” to providers and patients alike. It is a good idea for therapists and patients to familiarize themselves with the different provisions as they begin to unfold and take effect. Here are some new provisions now in effect: 43 1) Insurance carriers can no longer exclude coverage for children / dependent policy holders under the age of 19 with pre-existing conditions . This is a huge development, because in the past, many children born with developmental delays were denied coverage based on this premise. This also means families of children with disabilities can now change their policy without fear of losing coverage for their child. The White House estimates 72, 000 uninsured will gain coverage because of this. 2) Insurance carriers can no longer impose lifetime limits on benefits. According to the N Y Times, this will extend coverage to 20, 400 people that may exceed their limits each year. Anyone who previously reached his or her lifetime maximum on an existing policy can reenroll. Restrictions on annual limits have begun, but will not be eliminated in full until 2014 . Additionally, insurers will no longer be able to drop insurance contracts(technically called rescissions) if they discover a technical error on their application. Rescissions now require a 30 day advance notice and are limited to fraud or intentional misrepresentation of material fact. 3) Young adults can stay on their family health care plan until they turn 26 , regardless of student or marital status. (Certain states have extended this until age 29). These provisions alone clearly will redistribute the pie pieces and offer more to patients, and in turn, providers. This new population, previously denied service, will seek out their new benefits, and this can increase demand for our services. Remember though, that the law is just one part of reform- there will be much needed regulatory work to be done to implement the new coverage. Another provision also in effect concerns preventative care. Now, certain measures, recommended by a task force appointed by the U.S. Department of Health and Human Services such as colonoscopies, immunizations and mammograms must be covered without co-payment. The parameters of preventative care, and what it will encompasses in the coming years have not been fully defined ,and, at the moment, do not include “lifestyle intervention services”. Many anticipate that lifestyle changes as a preventative measure will be among the future initiatives. OTs and PTs are known to address prevention initiatives such as reducing falls, improving physical activity to mitigate chronic disease and secondary health conditions, and tailoring wellness programs for populations that have chronic conditions and disabilities, so we are well positioned to lead in this area. We can provide insight and interventions to increase physical activities among appropriate patients that will reduce excess body mass, improve health status, and reduce associated chronic disease risk. On the community level, we can work to offer evidence –based prevention and wellness . It is 44 key to stay informed so that we can fully participate in health care reform, and work to carve out our piece of the healthcare dollar pie. HOW FAR TO GROW????? There are therapists who build their practice to the point that they have enough clients to keep them busy, and they have all the patients that they can handle. When you arrive at this moment and if you are content, then enjoy your success. On the other hand, some of you may feel the need for greater challenges, and may want to transition from being a “practitioner” to being more of a “proprietor”. Risk-wise, compared to when you are starting out and have everything to gain and little to lose, at this junction you may be putting your hard earned reputation, and everything you have accomplished so far on the line. The decision to grow your practice to the next level should be made after carefully examining certain personal and external variables. Certain questions/ areas to consider include: Is this the right time and place to do this? Do I have access to the money I need for expansion? Am I prepared to spend less time with patients? Am I prepared to spend the time necessary to make the expansion work, and feel comfortable delegating responsibilities to other Have I analyzed the marketplace and am confident there is sufficient demand to support my expansion Am I emotionally comfortable with this new risk? Have I weighed the positive changes I expect from the expansion with the negative consequences of expansion and feel comfortable with the balance? 45 Good luck to each and every one of you in your new endeavor. Regardless of the rate that your practice grows, remember that in the service industry, you want to have sustained controlled growth so that you can make sure the quality of the service you provide remains high. While many therapists feel under a time constraint to make their practice a success in a short period of time, I think it is far better to put away your “clock” and take out your “compass” to make sure your practice is growing in the right direction, regardless of how long it takes. I have had the opportunity to work with therapists all over the country and truly enjoy the successes that I help them accomplish. I am available for short term private consultations for questions, problems, challenges, help on writing everything from business plans, proposals, marketing letters, press releases, bidding on contracts, and ideas to sustain the growth of your practice once it is up and running! You can reach me at: 845 430 7749/ 212 343-0236 infonytherapy@aol.com Or regular mail at: Iris Kimberg, MS PT OTR NYTherapyGuide 105 Hudson Street 11N NY NY 10013 46 APPENDIX: SAMPLE NOTICE OF PATIENT INFORMATION PRACTICES FOR HIPAA COMPLIANCE TO GIVE TO PATIENTS ALONG WITH SIGNATURE SHEET NOTICE OF PATIENT INFORMATION PRACTICE This notice describes how medical information about you may be used or disclosed by this Practice and how you can get access to information. Please review it carefully. LEGAL DUTY This practice is required by law to protect the privacy of your personal health information, provide this notice about our information practices and follow the information practices that are described here. USES AND DISCLOSURES OF HEALTH INFORMATION This practice uses your health information primarily for treatment, obtaining payment for treatment, conducting internal administrative activities and evaluating the quality of care that we provide. We may also use or disclose your personal health information for public health purposes, audits, emergencies and when required by law. In any other situation, our policy is to obtain your written authorization before disclosing your personal health information. If you provide us with a written authorization to release your information for any reason, you may later revoke that authorization to stop future disclosures at any time. We may change our policy at any time. When changes are made a new Notice of Information Practices will be posted in our office and you will receive a new written notice as well. PATIENT’S INDIVIDUAL RIGHTS You have the right to review or obtain a copy of your personal health information at any times. You have the right to request that we correct any inaccurate or incomplete information in your records. You also have the right to request a list of instances where we have disclosed your personal health information for reasons other than treatment, payment, or other related administrative purposes. You may also request in writing that we not use or disclose your personal health information for treatment, payment and administrative purposes except when specifically authorized by you, when required by law or in emergency circumstances. We will consider all such requests on a case by case basis, but the company is not legally required to accept them. CONCERNS AND COMPLAINTS If you are concerned that we may have violated your privacy rights or if you disagree with any decisions we have made regarding access or disclosure of your personal health information, please contact the Privacy Officer at the address listed below. You may also send a written complaint to the US Department of Health and Human Services. PUT YOUR NAME, ADDRESS AND TELEPHONE NUMBER OF PRACTICE 47 SAMPLE PATIENT INFORMATION CONSENT FORM FOR HIPAA COMPLIANCE I have read and understand the attached Notice of Patient Information Practices. I understand that the company may use or disclose my personal health information for the purposes of carrying out treatment, obtaining payment, evaluating the quality of services provided and any administrative operations related to treatment or payment. I understand that I have the right to restrict how my personal health information is used and disclosed for treatment, payment and administrative operations if I notify the company. I also understand that this practice will consider requests for restrictions on a case-by-case basis, but does not have to agree to requests for restrictions. I hereby consent to the use and disclosure of my personal health information for purposes as noted in the Company’s Notice of Patient Information Practices. In doing so, I hereby release ______________________(insert your name and your company name if different from any and all legal liability that may arise from the release of such information. I agree that a copy of this authorization may be used in place of the original. I understand that I retain the right to revoke this consent by notifying the practice in writing at any time except for that action which has already been taken. It shall be effective only long enough to answer the purpose of which it is given and no further confidential information will be released without the execution of an additional written authorization. Patient and Parent/Guardian’s Printed Name if Patient is under 18 _________________________________________________ _________________________________________________ Signature ___________________ Date 48 SAMPLE LANGUAGE ON CONFIDENTIALITY TO INCLUDE ON ALL FAXES/EMAILS Notice of Confidentiality: Information included and/or attached in this fax/email transmission may be confidential. This fax/email transmission is intended for the addressee(s) only. Any unauthorized disclosure, reproduction or distribution of and/or any unauthorized action taken in response or reliance on the information contained in this fax/email is prohibited. If you believe that you have received this fax/email in error, please notify the sender by reply transmission and destroy without copying or disclosing it. 49 Family Educational Rights and Privacy Act (FERPA) The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies. Parents or eligible students have the right to request that school correct records, which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31): o School officials with legitimate educational interest; o Other schools to which a student is transferring; o Specified officials for audit or evaluation purposes; o Appropriate parties in connection with financial aid to a student; o Organizations conducting certain studies for or on behalf of the school; o Accrediting organizations; o To comply with a judicial order or lawfully issued subpoena; o Appropriate officials in cases of health and safety emergencies; and o State and local authorities, within a juvenile justice system, pursuant to specific State law. Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and 50 dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school. For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-8778339. Or you may contact us at the following address: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-5920 51 SAMPLE PRESS RELEASES (This is the press release I originally wrote 25 years ago that I modified and adjusted as I opened new branches, offered new services etc. Although it is somewhat dated, it does capture the essence of what to include in a press release, and the format to present the information in) FOR IMMEDIATE RELEASE DATE: CONTACT: Iris Kimberg, MS PT OTR Office Address and Tel number NEW COMMUNITY SERVICE OFFERS COMPREHENSIVE PHYSICAL REHABILITATION SERVICES IN THE HOME How do you crack on egg one handed, or tie a shoe or even light a match? Many New Yorkers face these and similar problems managing everyday tasks. People who are partially paralyzed from strokes, accidents or spinal cord injuries, those who have arthritis, amputations or orthopedic conditions may not be able to function independently, or may need help that will enable them to function better. These are not medical problems requiring a hospital stay or a physician’s care, but the skills of a professional trained in physical rehabilitation. The Home Therapists Association is a new community service offering comprehensive physical therapy rehabilitation therapy services to children and adults in their homes. Created to meet the growing need for these services, HTA offers therapy programs by qualified licensed and registered physical, occupational and speech therapists. Therapy is carried out in conjunction with a person’s physician, and in most cases is insurance reimbursable. Cases are now accepted on Long Island in addition to all five boroughs of New York. The goal of the program is to help a person regain as much function as possible, in order to resume their daily routine and lifestyle. The therapy varies according to the need of the individual, which is determined during the initial home visit and evaluation. For some, this might mean learning to sit up or stand, walk with the aid of a walker or cane, or how to maneuver into or out of an automobile. Treatment might include helping a homemaker make her kitchen wheelchair accessible, or minimizing hazards throughout the home. Therapists involve family members in the person’s rehabilitation program, teaching them more about the disability, and how to carry out a home exercise program. The services of a skilled physical, occupational, or speech therapist can be a valuable means of decreasing recovery time and minimizing disruption to a family, while offering a person the physical and emotional support that they need. For more information you can call or write: Home Therapists Association address/tel no. 52 Here is another created for a certified Hand Therapist FOR IMMEDIATE RELEASE Address Date CONTACT: Your Name/ WORKING HAND IN HAND TO CELEBRATE NATIONAL OCCUPATIONAL THERAPY MONTH IN APRIL! For ********* , a NYS licensed occupational therapist and specialist in treating people with hand and upper arm conditions, National Occupational Therapy month in April is a great opportunity to show Brooklyn consumers the benefits of the hand therapy profession. ************ has practiced in his hometown of Brooklyn for 8 years, treating hundreds of neighbors, colleagues and workers whose hands and/or arms may have been afflicted by an accident or trauma. People have turned to *********** when they are left with wounds, scars, burns, injured tendons or nerves, fractures or in some cases, amputations of the finger or hand. There are also times when a person who is disabled from the effects of repetitive motion, such as tennis elbow or carpal tunnel syndrome, or those with chronic problems such as arthritis seek out his services. His Brooklyn office is filled with treatment apparatus that help to make a person’s hands look and feel better, restore dexterity as well as get stronger. The most important goal of all is to help a person regain as much function as possible, in order to resume their daily routine and lifestyle. Therapy is always carried out in conjunction with a person’s physician, and in most cases is insurance reimbursable. During National Occupational Therapy Month, ************** is available to talk to anyone who has a hand or arm problem that may require therapy services. For more information, you can write, telephone, or e-mail him at: 53 SAMPLE LETTER THAT MUST ACCOMPANY PRESS RELEASE It is necessary to enclose a letter to the editor: (here is the letter I used with the first press release) Name of Editor Publication Address Dear Enclosed is a copy of a press release regarding a new community service offering comprehensive physical rehabilitation services to people in need right in their homes. Our recently expanded our program now includes communities in Nassau and Suffolk counties. We would appreciate it if you could publish the release and inform your readers of a service that they might need. Previous releases have been published in local community newspapers in New York City with excellent response from those readers in need. Photographs of actual treatment sessions are available. In addition, I am available should have any questions, or if you would like to do your own feature story. Please feel free to edit this if necessary. Thank you in advance for your consideration in this matter. Sincerely, Iris Kimberg, MS PT OTR Director, Home Therapists Association 54 SAMPLE THANK YOU LETTER TO PHYSICIAN PUT ON YOUR LETTER HEAD January 2011 Dr. Berger 2002 Joint Street Brooklyn, New York 12401 RE: Jane Smith Dear Dr. Handman, Thank you for referring Jane Smith for a physical therapy evaluation and treatment. She has been started on a twice weekly program of lower extremity strengthening, range of motion exercises and gait training. I have enclosed a copy of her initial evaluation, and will forward periodic progress notes as well. I specialize in treating patients with a variety of neurological and orthopedic conditions, and have two fully equipped offices conveniently located at *************** . My patients all receive individualized one on one treatment including joint and soft tissue mobilization, therapeutic exercise, massage, muscle re-education, and use of all modalities as indicated. I participate in and accept most major insurance plans, including worker’s compensation and no-fault. Please feel free to contact me if you have any concerns regarding Ms. Smith, or if any of your other patients could benefit from my services. I look forward to hearing from you, and sharing in the care of your patients. Sincerely, PS. I have enclosed an article recently published in the ***** about my services. 55 SAMPLE MARKETING LETTERS FOR NEW MD REFERRALS All letters to be written on professional letterhead Date Name of Doctor Address Dear Dr. I am writing to introduce myself and the services that are provided in my office. My specialties for the past ****** years has been both neurologically and orthopedic based, including extensive post graduate studies in ********** . I believe in a truly hands on, one to one approach that includes manual therapy, joint and soft tissue mobilization, myofacial therapy, muscle energy and trigger point techniques. I often combine the techniques of Feldenkrais,********** and *********** in my work. Most of my patients have neurological and orthopedic conditions. I have had great success treating those patients that others may have had trouble attaining functional gains with in the past. This includes patients with various radiculopathies, neuropathies, orthopedic sports injuries, as well as chronic diseases including arthritis, spinal cord injuries, and post CVA’s. I emphasis short term, effective one on one treatment programs specifically tailored to the person’s needs. In addition to providing individualized PT sessions, there is also a registered Swedish Massage Therapist on staff and a fully supervised work out/gym area. Once we receive a referral from you I will always follow up with an initial report to you as well as subsequent progress reports. We are participating providers in many plans including __________________ and also accept worker’s compensation and no –fault insurance. I currently receive referrals from many physicians in the area including Drs. **********and *********** . I have enclosed a brochure detailing our location, services, hours and hours. I would also be happy to meet with you in person to further discuss my services. I would welcome the opportunity to share in the care of your patients and hope to hear from you shortly. Sincerely, 56 Dear Dr. I am an orthopedic physical therapist with 13 years experience, and have recently relocated to ************** . Previously, I had a private practice in the city, serving a general orthopedic population and have also practiced in sports medicine/ general orthopedic clinics in the financial district of NYC. In addition, I am a master teacher of the Alexander Technique, which teaches postural awareness and is an excellent adjunct for dancers, musicians and writers, as well as all others. The physical therapy work that I practice is truly a hands-on approach. The manual therapy techniques include joint and soft tissue mobilization, specific therapeutic exercise and movement awareness. Patients benefit from my expertise and the quality and quantity of time spent. All appointments are individually scheduled and are a minimum of 45 minutes. My new office will be open as of *********** . It is conveniently located on the ground floor and there is ample parking. My office hours are************ . Please note that I am currently a provider for *************** and will do out of network billing for all others. In addition, I do accept both no-fault and workers compensation. Copies of all physical therapy initial evaluations and periodic progress notes will be sent directly to you to help coordinate care. I would be happy to visit your office at your convenience if you would like to meet with me. It is my privilege to be part of your patient’s care, and I look forward to our future association. Sincerely 57 SAMPLE GENERAL MARKETING LETTER for SCHOOL SERVICES Put on professional letterhead Date: Name Address RE: AVAILABILITY TO PROVIDE SCHOOL/HOME-BASED OCCUPATIONAL THERAPY SERVICES Dear , I am writing to let you know that I am now available to treat students who have been mandated for Occupational Therapy services either at school, or in their homes. I have been an OT for over twenty years, and am certified by the Board of Education. I have a Master Degree in Developmental Disabilities, and have almost completed the certification course in Sensory Integration. I am currently working in the ******** High School, and anticipate openings in my schedule beginning*************** should you have unserved students who are mandated for OT. I am very familiar with the delivery of school based therapy services, writing IEPs , as well as the importance of collaborating with teachers and other team members. I also have experience in doing Initial Evaluations should the need arise. Please feel free to contact me at the telephone number or email address above should you have any questions, or if you think I can be of service to any of the students in your district (or school depending on who you are sending the letter to). I look forward to hearing from you and working together in the future. Sincerely, P.S. I hope to open my facility, Pediatric Therapy Center, Inc. by the Spring and will be able to offer center based evaluations and treatment as well. 58 SAMPLE INITIAL INTAKE FORM Welcome to: _______________________________________________ Please take a moment to fill out the following information. Today’s Date _____/_____/_____ Referred by: _____________________________ Last Name, First Name _______________________, __________________________ Home Address __________________________________________________________ Email address:___________________________________________________________ Mailing address if Different: ________________________________________________________________________ Home Phone # ( ) _______________ Work Phone # ( ) ________________ Cell phone: ___________________ Social Security # _____________________Date of Birth ________________________ Insurance Company _______________________Ins. Phone #____________________ Insured Name _________________ S.S.#__________________ D.O.B_____________ (if different from above) Insurance Policy # _________________________Group # _____________________ Terms and limits of Therapy coverage: __________________________________________ Employer ______________________________________________________________ Employer Address _______________________________________________________ Emergency Contact _____________________Phone #__________________________ Primary Care M.D. _________________Referring M.D. _______________________ Diagnosis/Nature of Problem /Current Medications / Treatment prescription ______________________________________________________________________________ ____________________________ How did you hear about us?____________________________________________________ Please Note: Your health information will be kept confidential. Any information that we collect about you on this form will be kept confidential in our office. Please note if a claim is submitted to an insurance company on your behalf, the health information on this form will be shared with your carrier. 59 SAMPLE ASSIGNMENT OF BENEFIT FORM Patient’s Name: ___________________________________ Date: ____________ I _______________________ understand that my insurance company will be sent an itemized bill for each session in accordance to the reasonable and customary charges for such services. I agree to assign benefits directly to ______________________for all therapy services rendered. I also agree to remit any monies sent to me in error from my insurance company for services rendered to ______________________. I agree to pay for all services rendered should my insurance company deny payment for services rendered, and will be responsible for any deductible, co-insurance or co-payment, to be paid at the time of my visit. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX For patients who pay privately or have out-of-network benefits, payments are due at the time of your visit. The fee for service for an initial evaluation is __________. The fee for service for all follow-up visits is _______. If requested, _____________________ will assist you in submitting claims to your insurance company. CANCELLATION and DISCONTINUANCE FROM SERVICES POLICY This office requires 24 hours notice for cancellations. Otherwise, you will be charged the full fee of the session. In addition, you will be charged the full fee for the session if you do not show for a confirmed appointment. Should you miss three consecutive visits it will be considered that you are not in adherence or compliance with your plan of care, and will be discharged from this office. Your primary physician will be notified and you will be given the names of three like professionals for your future use should you decide to begin therapy services again. I have read and agreed to the above policies and procedures. Patient or Responsible Party Signature___________________________ Date_____________ **** Make two copies of this form: one for your records and one for the patient _____________________________________(Signature) Date: ______________ 60 SAMPLE ADVANCE BENEFICIARY NOTICE Patient’s Name: _________________________ Medicare # ________ ADVANCE BENEFICIARY NOTICE (ABN) NOTE: You need to make a choice about receiving these health care items or service We expect that Medicare will not pay for the item(s) or service(s) that are described below. Medicare does not pay for all of your health care costs. Medicare only pays for covered items and services when Medicare rules are met. The fact that Medicare may not pay for a particular item or service does not mean that you should not receive it. There may be a good reason your doctor has recommended it. Right now, in your case, Medicare will probably not pay for: Name of Service: Because: The purpose of this form is to help you make an informed choice about whether or not you want to receive these items or services, knowing that you might have to pay for them yourself. Before you make a decision about your options, you should read this entire notice carefully. Ask us to explain, if you don’t understand why Medicare probably will not pay. Ask us how much these services or items will cost (Estimated cost: $ ) in case you have to pay for them yourself or through other insurance. PLEASE CHOOSE ONE OPTION. CHECK ONE OPTION. SIGN AND CHECK YOUR CHOICE. _____Option 1. Yes. I want to receive these items or services. I understand that Medicare will not decide to pay unless I receive these items or services. Please submit my claim to Medicare. I understand that you may bill me for items or services and that I may have to pay the bill while Medicare is making a decision. If Medicare does pay, you will refund to me any payment that I made to you that are due to me. If Medicare denies payment, I agree to be personally responsible for payment. That is, I will pay personally either out of pocket or through any other insurance that I have. I understand that I can appeal Medicare’s decision. ______OPTION 2. NO. I have decided not to receive these items or services. I will not receive these items or services. I understand that you will not be able to submit a claim to Medicare and that I will not be able to appeal your opinion that Medicare won’t pay. _____________ _____________________________________________ Date Signature of patient or person acting on patient’s behalf NOTE: Your health information will be kept confidential. Any information that we collect about you on this form will be kept confidential in our office. If your claim is submitted to Medicare, your Health information on this form may be shared with Medicare. Your health information which Medicare sees will be kept confidential by Medicare. 61 Common Codes for Occupational and Physical Therapists The codes most often used when billing for physical and occupational therapy are listed below. They are taken from the AMA Current Procedural Terminology. To interpret the descriptions accurately, remember that when a code contains a descriptor that has a semicolon(;), then the wording prior to the semicolon applies to all indented codes immediately underneath. Therapeutic Procedure – A manner of effecting change through the application of clinical skills and/or services that attempt to improve function. Therapist is required to have direct (one on one) patient contact. 97001 – Physical Therapy evaluation 97002- Physical Therapy Re-evaluation 97003 – Occupational Therapy evaluation 97004 – Occupational Therapy re-evaluation 97110 - Therapeutic procedure, one or more areas, each 15 minutes; therapeutic exercises to develop strength and endurance, range of motion and flexibility 97112 – Neuromuscular reeducation of movement, balance, coordination, kinesthetic sense, posture and/or proprioception for sitting and/or standing activities 97113 – aquatic therapy with therapeutic exercises 97116 – gait training (including stair climbing) 97124 – massage, including effleurage, petrissage and/or tapoment(stroking, compression,percussion); (for myofacial release, use 97140) 97139 – Unlisted therapeutic procedure (specify) 97140 – Manual therapy techniques (i.e.. mobilization/manipulation, manual lymphatic drainage, manual traction), one or more regions, each 15 minutes. 97150 – Therapeutic procedure(s), group (2 or more individuals) (report 97150 for each member of group); (group therapy procedures involve constant attendance of the physician or therapist, but by definition do not require one on one patient contact by the physician or therapist); (For manipulation under general anesthesia, see appropriate anatomic section in Musculoskeletal System); (For osteopathic manipulative treatment (OMT), see 9892598929) 97504 – Orthotic(s) fitting and training, upper extremity(ies), lower extremity(ies), and/or trunk, each 15 minutes; (code 97054 should not be reported with 97116); (For casting and strapping of fracture, injury or dislocation, see 29000,29590) 97520 – Prosthetic training, upper and/or lower extremity training, each 15 minutes 97530 – Therapeutic activities, direct one on one patient contact by the provider (use of dynamic activities to improve functional performance), each 15 minutes 97532 – Development of cognitive skills tp improve attention, memory, problem solving (includes compensatory training), direct one on one patient contact by the provider, each 15 minutes 97533 – Sensory integrative techniques to enhance sensory processing and promote adaptive responses to environmental demands, direct one on one patient contact by the provider, each 15 minutes 62 97535 – Self care home management training ( i.e. activities of daily living and compensatory training, meal preparation, safety procedures, and instruction in use of assistive technology devices/adaptive equipment) direct one on one contact by the provider, each 15 minutes 97537 – Community/work reintegration training ( i.e.- shopping, transportation, money management, avocational activities and/or work environment/modification analysis, direct one on one patient contact by the provider, each 15 minutes. 97542 – Wheelchair management/propulsion training, each 15 minutes 97545 – Work hardening/conditioning, initial 2 hours FOR SPEECH-LANGUAGE PATHOLGY CODING 92506 – Evaluation of speech, language, voice, communication, auditory processing and/0r aural rehabilitation status 92507 – Treatment of speech, language, voice, communication, and/or auditory processing disorder(includes aural rehabilitation); individual 92508 group, two or more individuals 92510 – Aural rehabilitation following cochlear implants ( includes evaluation of aural rehabilitation status and hearing, therapeutic services) with or without speech processing program 92526 – Treatment of swallowing dysfunction and/or oral function for feeding 96105 – Assessment of aphasic (includes assessment of expressive and receptive speech and language function, language comprehension, speech production ability, reading, spelling, writing, i.e. by Boston Diagnostic Aphasia Examination) with interpretation and report, per hour 96110 – Developmental testing; limited ( i.e.. Developmental Screening Test II, Early Language Milestone Screen), with interpretation and report 96111 - Extended (includes assessment of motor, language, social, adaptive and/or cognitive functioning by standardized developmental instruments, i.e.. Bayley Scales of Infant Development) with interpretation and report 96115 - Neurobehavioral status exam ( clinical assessment of thinking, reasoning, and judgment, i.e.. acquired knowledge, attention, memory, visual spatial abilities, language functions, planning) with interpretation and report, per hour. CPT Codes Most Frequently Used in Pediatrics 97001 - Physical Therapy evaluation 97002 - Physical Therapy Re-evaluation 97003 – Occupational Therapy evaluation 97004 – Occupational Therapy re-evaluation 97110 - Therapeutic procedure, one or more areas, each 15 min; therapeutic exercises to develop strength, endurance, ROM, and flexibility 97112 – Neuromuscular reeducation of movement, balance, coordination, kinesthetic sense, posture and/or proprioception for sitting and/or standing 97113 – Aquatic therapy with therapeutic exercises 97116 – Gait training (including stair climbing) 63 97124 – Massage 97140 – Manual therapy techniques (myofascial release, mobilization…one or more regions, each 15 minutes. 97150 – Therapeutic procedure(s) for group (2 or more - report 97150 for each member of group); group therapy procedures involve constant attendance of the physician or therapist, but by definition do not require one on one patient contact by the physician or therapist 97504 – Orthotic (s) fitting and training, upper and/or lower extremity, and/or trunk, each 15 minutes 97520 – Prosthetic training, upper and/or lower extremity, each 15 minutes 97530 – Therapeutic activities to improve functional performance direct one on one patient contact by the provider, each 15 minutes 97532 – Development of cognitive skills to improve attention, memory, problem solving (includes compensatory training), direct one on one patient contact by the provider, each 15 minutes 97533 – Sensory integrative techniques to enhance sensory processing and promote adaptive responses to environmental demands, direct one on one patient contact by the provider, each 15 minutes 97535 – Self care home management training (i.e. activities of daily living and compensatory training, meal preparation, safety procedures, and instruction in use of assistive technology devices/adaptive equipment) direct one on one contact by the provider, each 15 minutes 97542 – Wheelchair management/propulsion training, each 15 minutes 92506 – Evaluation of speech, language, voice, communication, auditory processing and/0r aural rehabilitation status 92507 – Treatment of speech, language, voice, communication, and/or auditory processing disorder (includes aural rehabilitation); individual 92508 - Treatment in group, two or more individual 92510 – Aural rehabilitation following cochlear implants (includes evaluation of aural rehabilitation status and hearing, therapeutic services) with or without speech processing program 92526 – Treatment of swallowing dysfunction and/or oral function for feeding 96105 – Assessment of aphasic (includes assessment of expressive and receptive speech and language function, language comprehension, speech production ability, reading, spelling, writing, i.e. by Boston Diagnostic Aphasia Examination) with interpretation and report, per hour 96110 – Developmental testing; limited (i.e. Developmental Screening Test II, Early Language Milestone Screen), with interpretation and report 96111 – Developmental testing; extended (includes assessment of motor, language, social, adaptive and/or cognitive functioning by standardized developmental instruments, i.e. Bayley Scales of Infant Development) with interpretation and report 96115 - Neurobehavioral status exam (clinical assessment of thinking, reasoning, and judgment, i.e. acquired knowledge, attention, memory, visual spatial abilities, language functions, planning) with interpretation and report FYI: AMA holds all rights to CPT codes. 64 Questions and Answers about National Provider Identifier Standard What is a National Provider Identifier? This is a 10 digit number officially referred to as an “Intelligence free numeric identifier”. “Intelligence free” means that the number does not carry information about health care providers such as the type of provider they are, or the state in which they practice. NPIs are required as part of the HIPAA ACT of 1996, which included the adoption of a standard unique identifier for health care providers. The NPI will replace any currently existing health care provider identifier in use today. Why do we need the National Provider Identifier? The goal of the program is to enhance and simplify the coordination of all HIPAA benefit transactions, and to create a standard unique health identifier. Who can apply and who needs to apply for the NPI? Anyone who is a health care provider (including OTs) are eligible for NPIs. Any health care provider who is considered a HIPPAcovered entities (whether you are an individual or an organization) must obtain an NPI to identify themselves in HIPAA standard transactions. A solo practitioner would be considered an individual and a group practice would be considered an organization. A sole proprietor would be considered an individual and must apply for an NPI using his or her own SSN even if he/she has an EIN. A health care provider who transmits any health information in electronic form for which the HHS has adopted a standard is considered a HIPAA-covered health care provider. (IF YOU ARE UNCERTAIN WHETHER YOU ARE CONSIDERED A COVERED ENTITY GO TO: WW/CMS.HHS.GOV/HIPAAgeninfo/Downloads/CoveredEntitycharts.pdf ) When and where can I apply for an NPI? There is no cost associated with getting an NPI and the CMS has contracted with Fox Systems Inc. to serve as the NPI Enumerator. The NPI Enumerator is responsible for dealing with heath plans and providers on issues relating to unique identification. Applications can be done online or downloaded at https://nppes.cms.hhs.gov/NPPES/Welcome.do. If you have specific questions you can contact the Fox Systems at: 1-800-465-3203, by email at customer service@npienumerator.com or regular mail at: NPI Enumerator PO BOX 6059 Fargo, ND 58108-6059 Remember, getting an NPI does NOT replace becoming a Medicare provider. 65 RESOURCES AND WEBSITES (Please note that I try to keep this as up to date as possible but web address constantly change) PROFESSIONAL ORGANIZATIONS 1. American Physical Therapy Association (APTA) www.apta.org 2. New York Physical Therapy Association www.nypta.org 3. American Occupational Therapy Association (AOTA) www.aota.org 4. New York State Occupational Therapy Association www.nysota.org 5. American Speech Language Hearing Association www.asha.org 6. New York State Speech Language Hearing Association www.nysslha.org 7. Long Island Speech Language Hearing Association www.lisha.org MEDICARE / STATE EDUCATION GUIDELINES 1. Centers for Medicare and Medicaid Services (CMS) http://www.cms.gov/home/medicare.asp CMS Program Integrity Manual –www.cms.gov/manuals 2. Office of the Inspector General (OIG) www.oig.hhs.gov (compliance issues/guidelines, fraud and abuse, exclusion data base for screening) 3. Office of the Professions- NYS Education Dept www.op.nysed.gov EQUIPMENT NEEDS FOR START UP Rhys Filmer Rehab Sales Consultant Sammons Preston - a Patterson Medical Company (347) 537-8594 - Mobile (718) 228- 9694 - Fax Rhys.Filmer@PattersonMedical.com (631) 244-3600 - Jackie in customer service BUSINESS HELP 1. www.sba.gov 2. www.lectlaw.com 3. www.cnnfn.com/smbusiness 4. Dept of Labor: www.dol.gov 5. Internal Revenue Service www.irs.gov (staffing issues – independent contractors vs. employees) 66 6. Proper and improper pre-employment questions: http://www.nolo.com 7. American Association of Health Plans www.aahp.org 8. Coding Books http://www.aapc.com/onlinestore/medical-codingbooks/2011/index.aspx?gclid=CNeI8syF6qkCFYeD5Qod2nExaA http://www.shopingenix.com/ Universal Customized Billing Forms – www.filerx.com FINANCIAL ASSISTANCE Small Business Assistance: www.sba.gov/financing INSURANCE CARRIERS FOR MALPRACTICE/GENERAL LIABILITY CM & F GROUP, Inc. Serving Healthcare Professionals for over 50 Years (PTs OTs STs and Group Practices) 99 Hudson Street 12th Floor NYC 10013-2815 Contact person: Martin J. Liston, CIC (212) 233-8911 ext. 346 or 1-800 397-3008 email: mliston@cmfgroup.com www. cmfgroup.com HPSO 159 East Country Road Hatboro, Pennsylvania ,19040-1218 1 -800-982-9491 SEABURY AND SMITH (formally Maginnis and Associates) 332 South Michigan Avenue Suite 1400 Chicago, Illinois, 60604-4372 1-800 621-3008 1-312-894-5200 HIPAA INFORMATION http://www.hhs.gov/ocr/privacy/hipaa/administrative/ 67 NYC/NYS Specific Information WORKER’S COMPENSATION AND NO FAULT IN NY Contacts in NY Worker’s Compensation Board: 1-800-877-1373 www.wcb.state.ny.us City of New York Worker’s Compensation Division 350 Jay Street 9th Floor Brooklyn, NY 11201 (718) 222-5100 In New York State, the largest worker’s compensation carrier is the State Insurance Fund. They have their own case management unit and you can apply to become one of their approved vendors. Contact: State Insurance Fund Nursing Supervisor 199 Church Street 4th Fl. New York, New York, 10013 Include a letter of introduction about yourself and your practice, as well as your license number and tax identification number. (For NJ/Conn therapists, remember that there may be patients who work in NY, and are covered by NY State Worker’s Compensation, but live and will seek treatment in your state). NYC Department of Education Website: http://schools.nyc.gov/Offices/default.htm Medicare Provider Enrollment https://www.cms.gov/MedicareProviderSupEnroll/ Early Intervention – New York (A) New Jersey (B) A. Early Intervention Program Bureau of Child and Adolescent Health NYS Dept of Health Empire State Plaza Corning Tower, Room 208 Albany, NY 12237-0618 Form: DOH 3736 – Application for Approval of Agencies or Incorporated Groups of Individuals as Evaluators, Service Providers and Service Coordinators Form DOH 3735 – Application for Individuals B. New Jersey New Jersey Early Intervention System (NJEIS) Department of Health and Senior Services EIS 609-777-7734 http://www.nj.gov/health/fhs/eis/ 68