Medicaid Dental Stakeholders Meeting July 27, 2012 Webinar Broadcast • This presentation is broadcast as a visual slideshow and audio output only • Webinar attendance requires registration at: Quarterly Dental Stakeholder Meeting https://www2.gotomeeting.com/register/609542 634 2 New Format for Stakeholders Meetings • Stakeholder Meeting announcements are posted on the HHSC website at: http:www.hhsc.state.tx.us/meetings • This presentation will be sent to the Federal Government (CMS) as documentation of today’s Agenda • Stakeholder meetings are held Quarterly: - next occurrence on October 26th, 2012 - 2013 in January, April, July, October 3 New Format for Stakeholders Meetings • All questions were submitted in advance at: DentalStakeholdersMeeting@hhsc.state.tx.us • A total of 13 emails with questions were submitted to the inbox by July 23, 2012 and are answered in this presentation • Webinar archive of this meeting posted at: http://www.hhsc.state.tx.us/news/WebBased_ present.asp 4 After The Meeting • Representatives from the DMO’s are available at the rear of the room for 30 minutes after this presentation. • They cannot answer specific claim questions Introduction of Speakers Managed Care Organization (MCO) Dental Directors Dr. Carlos Garcia, MCNA Dr. Monica Anderson, DentaQuest Dr. Shawneequa Harris, Delta Dental State Agencies (HHSC, DSHS) Scott Schalchlin Susan Gibson Colleen Grace Rudy Villareal Dr. Linda Altenhoff Dr. John Roberts Guest Speakers • Texas State Board of Dental Examiners (TSBDE) – Lisa Jones • Electronic Health Record Incentive Program (HHSC) – Julia Alejandre 6 Texas Medicaid EHR Incentive Program: Dentists Julia Alejandre / Medicaid HIT Team The Program in a Nutshell • Incentives of up to $63,750 are available for the adoption and meaningful use of certified electronic health record (EHR) technology: • AIU (Adopt, Implement, or Upgrade) in the first year of participation • Meaningful Use (MU) in up to 5 subsequent participation years. • Eligible Professionals (EPs) include dentists, along with 4 other provider types. • First year payment can be received in 2011 through 2016. Final payment can be received up to 2021 for EPs. • At least 50% of all encounters must be at a site or sites with certified EHR technology. 8 Patient Volume Threshold Payment Year by EP Type Year 1 for most EPs Years 2-6 for most EPs Year 1 for pediatricians and pediatric dentists • Pediatric dentists are eligible for the Medicaid Patient Volume * 30% or higher Incentive Amount Max. cumulative incentive over 6 years $21,250 $63,750 30% or higher $8,500 20% to 30% $14,167 lower patient volume threshold of 20%. $42,500 Years 2-6 for pediatricians and pediatric • Pediatric dentists attesting to 20-30% Medicaid patient volume will be dentists 20% to 30% $5,667 required to upload documentation that they are either board certified in pediatric dentistry, or they completed a pediatric dentistry residency. * If the EP practices predominantly in an FQHC or RHC, patient volume threshold is 30% Needy Individual volume 9 (Medicaid, CHIP, uncompensated care, sliding scale). EPs: AIU and Stage 1 Requirements • First year of program participation: Upload documentation that shows AIU (purchase order, contract, or subscription) • Stage 1 Meaningful Use: • 20 MU measures – 15 from the “core set” and 5 of 10 from “menu set” • 6 Clinical Quality Measures (CQMs) – 3 Core or Alternate Core plus 3 from list of clinical measures of the provider’s choice. MU: Must include at least one Public Health measure: 1) Immunizations 2) Reportable Labs 3) Syndromic Surveillance 10 How to Register and Attest 1. 2. 3. Register at CMS: https://ehrincentives.cms.gov. Verify enrollment as a Texas Medicaid provider, with an active TPI. If you assign payment to yourself, your SSN must be listed in your TMHP profile. Gather required information and documentation: • • • • 4. EHR certification number. Group or individual attestation choice. Patient volume information (numerator and denominator). AIU documentation. Log into the portal and attest. Go to www.tmhp.com and log in. Scroll down to “Manage Provider Account” and select “Texas Medicaid EHR Incentive Program.” For the full checklist of steps: Go to www.tmhp.com and select Providers; go to the “Health IT” page and select “EHR Program Information” from the list on the left; click on “Getting Started with EHR 11 Incentive Program” Additional Resources • • • • • • • Learn about the Texas Medicaid EHR Incentive Program through a selfguided e-learning tool: www.texasehrincentives.com. Get technical assistance through the Regional Extension Centers at www.txrecs.org. Review program information on the CMS website: http://www.cms.gov/ehrincentiveprograms/. Review additional Texas Medicaid EHR Incentive Program information at: (http://www.tmhp.com/Pages/HealthIT/HIT_EHR.aspx). Learn about a recent study on EHRs and healthcare outcomes: http://www.nejm.org/doi/full/10.1056/NEJMsa1102519. Sign up for e-mail updates at https://public.govdelivery.com/accounts/TXHHSC/subscriber/new and enter your email address. On the subscription topics page, go to the Projects section and select “Health Information Technology”. Submit questions by sending an email to HealthIT@tmhp.com or calling 1-800-925-9126, option 4. 12 New Format for Stakeholders Meetings Questions to the Dental Directors were submitted by Organized Dentistry: • Texas Dental Association (TDA) (single source for today’s presentations) • Texas Academy of Pediatric Dentistry (TAPD) • Texas Academy of General Dentistry (TAGD) 13 Q: Tomina Vance Have HHSC and the MCO's determined what they are going to do about the bundling of fees? There needs to be an increase in multisurface fees if you are going to allow bundling. 14 TMPPM Fee Schedule • • • • 2140 2150 2160 2161 - $ 65.72 $ 87.46 $111.42 $ 60.04 • • • • 2391 2392 2393 2394 - $84.08 - $110.20 - $101.18 - $75.06 15 A: Multiple Surface Fillings • It is appropriate (and required) that exact restorations/surfaces are reported on the claim form • For payment purposes the MCO’s are allowed to administrate and combine contiguous surfaces • HHSC does not dictate fees to the MCO’s 16 HHSC Stakeholders Meeting July 27, 2012 Sealants on Anterior Teeth Per HHSC guidance, sealants on anterior teeth are a Medicaid covered benefit and MCNA Dental is reprocessing claims for anterior sealants. Effective August 1, 2012, MCNA Dental will require a Pre-Authorization on anterior sealants. The PreAuthorization request must include diagnostic photographs of the anterior teeth and must specify the tooth number and surface. Bundling and Recoding Bundling - MCNA Dental does and will continue to utilize bundling of services. The bundling scenario that has been asked the most is regarding one, two, three, and four surface restorations. In these cases, MCNA Dental is bundling because there is no justification to identify multiple restorations on a single tooth as independent restorations. Re-Coding – MCNA Dental follows ADA and CDT Definitions and upon review of Pre-Authorization and/or Claims documentation, to include x-rays and rationale, our Dental Reviewers may not concur with CDT Code submissions. Upon receipt of a CDT Code that is not clearly supported by the Pre-Authorization, x-rays, and/or rationale submitted by a provider, MCNA Dental will re-code to a CDT Code that more clearly reflects to the submitted documentation. The Provider does have appeal rights regarding re-coding of a procedure. Provider Portal TDA Question - The portal should include edits/audits features similar to those available on the Texas Medicaid and Healthcare Partnership (TMHP) portal so that dentists and their staff may immediately identify when incorrect or incomplete information is being uploaded. This will increase the number of “clean claims.” MCNA Dental recognizes the benefit for our Provider Portal to be as user friendly as possible. As such, MCNA has already incorporated many edits and messages in our Provider Portal that inform providers of invalid or incomplete information prior to the submission of data. MCNA welcomes any requests for enhancements to our Provider Portal from our providers as well as from HHSC and TMHP. MCNA will gladly incorporate additional edits/audits in our Provider Portal as are available in TMHP's portal so long as TMHP made the description these edits/audits available to us for review and implementation. Amendments TDA Question - Amendments to the agreements between the dentist and the dental plans should only be done with the dentist’s written consent. This helps ensure that the dentist provider clearly understands the change(s) to the agreement. Article XI Miscellaneous, Section 7. Amendment. This Agreement, including all Attachments, may be amended at any time by mutual written agreement of the parties. This Agreement and any of its Attachments may also be amended by MCNA furnishing Provider with any proposed amendments. Unless Provider objects in writing to such amendment during the thirty (30) day notice, Provider shall be deemed to have accepted the amendment. Notwithstanding the foregoing, this Agreement shall be automatically amended as necessary to comply with any applicable State or federal law or regulation and applicable provision of the Payor Contract or State Contract. Participating MCNA Dentists TDA Question - How many active Medicaid and CHIP participating dentists, based upon individual dental license numbers, does MCNA have in their provider network? MCNA Dental has 4,364 Medicaid participating dentists MCNA Dental has 4,100 CHIP participating dentists * These numbers may reflect access points and not individual licenses TDA Question - How many individual orthodontists and appropriately qualified general and pediatric dentists does MCNA have in their ortho provider network? MCNA Dental has 592 Orthodontist access points, 361 General Dentists, and 39 Pediatric Dentists. Medicaid Orthodontic Update Continuance of Care MCNA Dental is committed to the continuing care of all members. As part of this commitment, MCNA will honor TMHP Pre-Authorizations for orthodontic treatment. We strongly encourage all providers to schedule monthly periodic visits and to continue treating their orthodontic patients. MCNA Dental will continue to pay provider’s monthly periodic visits (D8670) and Debanding/Orthodontic retention (D8680) upon submission of a claim. While MCNA Dental reserves the right to review any orthodontic case for medical necessity, effective June 1, 2012, providers are no longer required to re-certify their existing TMHP PreAuthorization through the MCNA Provider Portal, or to send in their orthodontic documentation to MCNA Dental. Providers are encouraged to treat and complete their existing orthodontic cases. Any orthodontic documentation providers have already sent to MCNA Dental will be maintained as part of the member record. Should MCNA Dental identify an orthodontic case needing review for medically necessity, we will send a Request for Information Letter to the provider. Medicaid Orthodontic Update Transfers MCNA Dental will reimburse $115.24 for initial evaluation under code D8999. D8999 is a bundled code that can only be used for transfer patients and includes: • PANO • CEPH • Models or complete set of diagnostic photographs • Ortho evaluation • If provider requests to deband to complete treatment, D8680 will be payable. • If a provider request to deband with the intention to reband, the provider must obtain approval from MCNA Dental using the Texas Medicaid and CHIP Orthodontic Transfer of Care Form. If the reband is approved, the initial deband will not be a separately payable procedure and is included in the new approved case rate. • D8690 will be covered for transfer cases when the provider is not approved to reband the member. D8690 will be payable @ 19.60 per bracket with a benefit maximum of 5. For Transfer Cases where the Estimated Treatment Time is 6 months or less, Providers are not required to submit any additional documentation with their D8670, D8680, and D8690 claims submissions. For Transfer cases where the Estimated Treatment Time is more than 6 months, Providers are required to submit as follows with their D8999 claim submission: CDT Coding and Claims TDA Question - The TDA acknowledges that reimbursement is not available for D3221 in either managed care or Fee-For-Service. However, the Association asks MCNA to consider reimbursement for this code as a debridement may be medically necessary to get the patient out of pain and discomfort prior to transfer to a specialist. How is MCNA is addressing this issue? MCNA Dental will continue to follow HHSC’s guidance on D3221 , MCNA is willing to discuss providers submitting D3221 claims for consideration of payment. TDA Question - Explain how a dentist bills fluoride as an exception to periodicity. What is the impact on the client’s Medicaid fluoride benefits? MCNA Dental understands that there are exceptions to periodicity and should a provider need to provide a dental prophylaxis and/or fluoride in advance of periodicity, the provider should PreAuthorize the dental prophylaxis and/or fluoride procedure(s). In addition and as part of an Eligibility Verification, a provider should review a member’s claims history, either in the MCNA Provider Portal or with the MCNA Provider Hotline, to ensure a dental prophylaxis and/or fluoride has not been performed within six (6) months, per the AAPD Periodicity Schedule. Thank you for participating with MCNA Dental! Dental Stakeholders Meeting July 27, 2012 1. Bundling and down coding DentaQuest will continue to bundle; however, we are considering increasing the reimbursement rate for threeand four-surface restorations to bring the fee schedule in balance. We will have an answer for you soon. 2 2. The portal should include edits/audits features similar to those available on the Texas Medicaid and Healthcare Partnership portal so that dentists and their staff may immediately identify when incorrect or incomplete information is being uploaded. This will increase the number of “clean claims.” We are reviewing for future enhancements. 3 3. Amendments to the agreements between the dentist and the dental plans should only be done with the dentist’s written consent. This helps ensure that the dentist provider clearly understands changes to the agreement. We have implemented this process in other markets and providers were not very happy. Under this criterion, if a provider fails to return the consent, he would be automatically termed from the network. Providers could forget to return the form, misplace it or never receive it. Section 10(b) of the contract outlines the provider's right to opt out of any amendment or restated agreement. 4 4. The TDA acknowledges that reimbursement is not available for D3221 in either managed care or fee-Forservice. However, the association asks DentaQuest to consider reimbursement for this code as a debridement. It may be medically necessary to get the patient out of pain and discomfort prior to transfer to a specialist. How is DentaQuest addressing this issue? We will allow the use of code D3220 from a different provider than the one who completes the endodontic procedure. D3221 is currently not a reimbursable code. 5 5. It is extremely concerning to the TDA that DentaQuest allows dental hygienists to conduct audit/utilization reviews. As the contracted dentist is legally and ethically responsible for all dental care delivered to a Member, only Texas licensed dentists should have the authority to conduct reviews for DentaQuest. A member of our utilization review clinical staff conducts the preliminary review of the documentation and billed services for the dates of service subject to the audit. All clinical issues identified in the audit are reviewed by one of DentaQuest’s dental directors. The final clinical decisions are made by a licensed dentist. 6 7. How many active Medicaid participating dentists, based upon individual dental license numbers, does DentaQuest have in their provider network? There are 3,748 Medicaid dentists in our network. 8 8. How many active CHIP participating dentists, based upon individual dental license numbers, does DentaQuest have in their provider network? There are 3,889 CHIP dentists in our network. 9 9. How many individual orthodontists and qualified general and pediatric dentists does DentaQuest have in their ortho provider network? There are 527 general dentists There are 35 pediatric dentists There are 276 orthodontists 10 Medicaid orthodontic update 11 113 access points accepting transfers Transfer cases are processing as they are received 489 have been processed as of July 15 24,000 COC cases New cases Received 1804 Approved 160 Denied 1644 Approval rate 8.87% Two day turnaround for processing Please explain how a dentist bills fluoride as an exception to periodicity. What is the impact on the client’s Medicaid fluoride benefits? In this instance, the provider should submit a narrative explaining the reason for the exception. It reason must be documented in the member’s file and on the claim submission. Claims requesting an exception should have the word “exception” in box 35 of the ADA claim form. If the word is missing, the claim may deny for exceeding benefit limitations. 12 Thank You 13 39 Stakeholders Meeting July 27, 2012 Delta Dental State Government Programs Texas Medicaid/CHIP Shawneequa M. Harris, DDS, MPH Texas Dental Director and Managing Dental Consultant Policy for Basic Restorations Multiple Restorations on the Same Tooth Our policy is to combine all surface restorations on the same tooth into a multiple-surface restoration. We will review those fee codes affected by our current policy. DELTA DENTAL WEB PORTAL JULY 1ST, 2012 WEB PORTAL INSTRUCTIONS ARE POSTED ON THE INTERNET Web Claims Submission In order to submit claims through the provider portal, providers must first register in the system. 1. Visit: www.deltadentalins.com 2. Click on the “Register Today” link shown below. 3. Follow the instructions. Web Portal There is a link to view/edit claim submission data and to resubmit. If provider data is incorrect, the provider needs to call Customer Service. The link will tell the user why the rejection occurred. These claim reports are typically available the next business day. NOTE: If you are a Fee-For-Service provider, and also participate in the Texas CHIP and/or Medicaid program, and are already registered as a Premier/PPO provider, you do not need to register again. Web Claims Submission (WCS) is a secure web application that dentists and staff can use to data enter claims for Delta Dental Texas CHIP or Medicaid members. The user must have access to the Internet, and basic understanding of desktop computing and web browsing. www.deltadentalins.com Technical or Claims Assistance Delta Dental Texas CHIP 866-561-5891 Delta Dental Texas Medicaid 877-576-5899 Written Consent for Amendments to Agreements between Dentist and the Plans Amendments to the Provider Agreement Same Provider Agreement, approved by HHSC before contract, remains in effect Section 8.0 of the provider agreement addresses contract amendments: “Unless otherwise specifically stated in this Agreement to the contrary, this Agreement may be amended or changed only by mutual written consent of the parties. Notwithstanding the foregoing, Delta Dental may, upon thirty (30) calendar day written notice to Dentist, amend this Agreement, or a Dentist Handbook to implement the provisions of and comply with its obligations under state and federal law or to meet its administrative needs.” Reimbursement for Non- covered Procedures Procedure D3221 Dental vendors do not determine the services included in the scope of benefits for Medicaid or CHIP. The TMPPM contains a comprehensive list of all dental Medically Necessary Covered Dental Services for Medicaid. Credentialing Disclosing information regarding Disciplinary Proceedings with regard to Delta Dental’s Credentialing Process CREDENTIALING PROCESS Documented process for the selection and retention of contracted providers: Complies and adheres with (NCQA) Only considers documentation from public domain, including NPD, TSBDE, etc. Follows Texas Department of Insurance guidelines No information on dismissed proceedings Consider history of malpractice settlements from NPDB Consider administrative penalties issued by TSBDE as this documentation is from the NPDB Not discriminating against Members on the basis of …including their health status. Provider Referral Each practitioner should use own judgment as to needs of members based on professional judgment regarding treatment rendered for proper oral health or medical necessity services provider to members. If the member’s health status is beyond the dentist’s normal practice, he or she should make the referral. Information Available on the CHIP Eligibility Fax Sheet CHIP Current Benefit Information and IVR Delta IVR designed to meet contractual requirements. Verifies member’s eligibility and amounts drawn against the annual max Current Benefit Information CURRENT MAXIMUM: $564.00 MAXIMUM USED: 0.00 Automated system returns eligibility and benefit information as of today’s date. System will NOT provide correct information for future dates. As eligibility and benefit information may change, the info given is not a guarantee of eligibility or payment New Transfer Policy for Orthodontics Orthodontic Transfer Policy : Texas Children’s Medicaid Orthodontic Services http://www.deltadentalins.com/group_sites/tchip/providers/ texas-medicaid-orthodontic.pdf Write “Transfer” in the remarks field or Box 35 of the ADA Claim Form. For cases authorized by TMHP & started prior to 3-1-12 and initiated by another provider, the following policy applies: a. Diagnostic procedures may be billed using procedure code D8999. Payment of $115.24 will include any and all diagnostic services necessary to evaluate the status of the patient, including; panoramic x-ray, cephalometric film, orthodontic models, photographs, orthodontic evaluation. Orthodontic Transfer Cases b. The following documentation is required with an authorization request: ADA 2006 (or more recent) claim form with service codes noted. Panoramic radiographs (x-rays). Cephalometric x-ray. Photographs. Treatment plan. An explanation of the treatment status. Duplicate diagnostic models If office uses digital models, submit a printout that includes at least articulated right and left sagittal views, cross-section view, upper and lower arch occlusal views. The images must be in 1:1 ratio. Orthodontic Transfer Cases c. The authorization request must identify the number of periodic orthodontic treatment visits (procedure D8670) necessary to complete treatment. d. Medical necessity - based on prevailing community standards, an evaluation of the member current status, and whether member is within normal limits in regard to: i. Class I Molar and Canine relationship, ii. Overjet and Overbite, iii. Root parallelism, iv. Alignment of dentition. Orthodontic Transfer Cases e. If authorization is granted for retreatment of orthodontic service for any interceptive or comprehensive treatment codes (D8050, D8060, D8070, D8080, or D8090); debanding (D8680) for the purposes of retreatment will be included in the fee for the authorized comprehensive treatment code. Orthodontic Transfer Cases f. Procedure D8690 – used for bracket repair or replacement. i. If bracket repair or replacement is necessary, authorization may be granted for up to a max of 5 D8690 . ii. Additional bracket repairs are considered included in the fee for the authorized orthodontic services and not payable by Delta Dental or the member. iii. Procedure D8690 will not be authorized to a transfer provider if the provider has received authorization for interceptive or comprehensive treatment codes (procedure D8050, D8060, D8070, D8080, or D8090) Claims for Supernumerary Teeth Supernumerary Tooth Numbering System Current processing system can only accept 1-40 and A-T A supernumerary tooth submitted using 51-82 is processed as 33-40, Our new processing system will allow payment using the Universal/National System designation of 51-82 and AS-TS. Delta Dental Shawneequa M. Harris, DDS, MPH Texas Dental Director and Managing Dental Consultant 1701 Shoal Creek, Suite 240 Highland Village, TX 75077 972-966-6800, Ext. 3305 Q: Jeff Erickson I would like to ask how we appeal the decisions of some of the plans: MCNA, Delta and Dentaquest in regards to payment. In certain instances payments are denied or are being underpaid, and how can we appeal to HHSC. 67 A: Appeals • Providers need to appeal claims denials through the dental plans process outlined within the provider manual. • If the provider has exhausted the appeal process and is still not satisfied, the provider may request a peerto-peer review to resolve the claims dispute. • The determination of the provider resolving the dispute is binding. • If the provider has exhausted all avenues with the dental plan, they may file a complaint at the following email address: hpm_complaints@hhsc.state.tx.us 68 Q: Shankee Johnson Don't understand why MCNA is not paying for anterior sealants when Dentaquest and Delta Dental are? 69 A: Anterior Fissure Sealants • Sealants are intended for fissures and not smooth surfaces • Effective August 1, 2012, MCNA Dental will require Pre-Authorization on anterior sealants 70 Q: Barbara Collard We have families come in and all their children are assigned to different insurances. We would really like to know, as well as our families, how these insurance companies are assigned. The families tell us they request certain insurance companies and when they receive their cards they are assigned to something different… Our patients are still having trouble switching insurance plans. They are being argued with and told they can't change insurance plans but they will switch their doctor's office. 71 A: Assignment of Patients to a Dental Plan • The process prior to 3/1/12 • Clients can choose both their dental plan and the provider by submitting their application or calling the enrollment broker/MAXIMUS: (800) 964-2777 • Enrollment hold of new patients to Delta Dental 72 Healthcare Transformation and Quality Improvement Program 1115 Waiver • Includes managed care expansion and hospital financing component, which preserves hospital funding historically available under upper payment limit (UPL) through a new methodology. • Delivery System Reform Incentive Payments (DSRIP) available to Medicaid providers for performing a project intended to transform care delivery systems by improving: • Access to health care services, • Quality and coordination of care provided, or • Cost-effectiveness of services and health systems. • Regional Healthcare Partnerships (RHPs) • Divide the state into 20 regions • Regional plans are 5-year plans that include a regional needs assessment and vision for health care in the region • Regional plans are the basis for defining projects funded from the DSRIP Page 73 Healthcare Transformation and Quality Improvement Program 1115 Waiver A menu of projects is included in the RHP Planning Protocol and organized in four categories: • Category I: Infrastructure Development - Lays the foundation for the delivery system through investments in people, places, processes and technology. Pay for performance. • Includes a project to increase, enhance, or expand dental services • Category II: Program Innovation & Redesign - Pilots, tests, and replicates innovative care models. Pay for performance. • Category III: Quality Improvements - Disseminates up to four interventions in which major improvements can be achieved within four years. Pay for reporting, then performance. • Category IV: Population-based Improvements - Requires all regional health partnerships (RHPs) to report on the same measures. Pay for reporting. • Find updated materials and outreach details: • http://www.hhsc.state.tx.us/1115-waiver.shtml Submit all questions to: • TXHealthcareTransformation@hhsc.state.tx.us • Page 74 Q: Brian Harris We have had multiple stories of children who are being held down or papoose as old as 7 years old who are traumatized by the experience so much so that when they come to our office, I can’t even control their anxiety with a conscious sedation (even though we try) and as a result we end up in the OR or referring for IV. Not only does this cost taxpayers and the state unnecessary expense but creates traumatic dental experiences for these children who haven’t been given a choice in any of this. 75 A: Papoose Board • • • • • Armamentarium of Practice/Frequency Scope of Practice Standard of Practice Takeaway from the Round Table DMO’s may have parent’s sign informed consent 76 Q: Brian Harris We have xxxxxxx in Sherman Texas. Existing patients of mine have told me about them coming door to door with pizza and offering a free exam and cleaning for the adult if they sign up the rest of the family. Other patient families have been offered $25 gift cards for coming to their office. In our community, my patients have been approached at Wal-Mart, the mall, the Laundromat, and even in their driveways…. Since they have been consistent patients, we have provided comprehensive care. We may be “watching” some incipiencies and using fluoride therapy which has been effective in their therapy, but when they go to these offices they are told they have a cavity. Of course, these clinics offer to fix it the same day for convenience so they end up leaving with a crown…. These patients have a dental home with my office and have been coming for years, but they are being enticed by gift cards or pizza, etc. Many of these people are being taken advantage of or don’t know how to tell the solicitor “NO”. How can these corporations continue to do this when it is against the TSBDE Rules and Regs and Dental Practice Act? 77 A: Solicitation of Patients • TAC 353.795(d) (1) states MCOs and providers shall not conduct any direct contact marketing except through enrollment events • This does not infer that providers can not do mail outs to current clients • OIG - $10K fine (next slide) • Per HPO, see the definitions of Marketing (second slide) 78 Consumers Urged to Report Improper Solicitation or Treatment by Dentists • The HHSC Office of Inspector General has become aware of dental clinics directly soliciting Medicaid clients. People hired by dental clinics have approached HHSC clients in the parking lots of state benefit offices or neighborhood grocery stores offering a variety of incentives, including free gift cards, pizzas, and manicures, in exchange for taking their children to a specific dentist or clinic. • Offering inducements to Medicaid clients is a violation of state and federal law and is subject to a penalty of up to $10,000 per violation. In addition, some dentists are believed to have performed unnecessary dental work on children. To report this or any other suspected act of fraud, waste, or abuse in the Texas Medicaid program, please visit: http://oig.hhsc.state.tx.us/OIGPortal/Default.aspx to Report Fraud click on link or call 1-800-436-6184. 79 Definitions of Marketing • • • • HHSC Terms and Conditions Contract definition of marketing: any communication form the MCO (or dental contractor) to a Medicaid or CHIP Eligible who is not enrolled with the MCO (dental contractor) that can reasonably be interpreted as intended to influence the Eligible to: (1) enroll with the MCO (dental contractor) or (2) not to enroll, or to disenroll from, another MCO(dental contractor). UMCM Chapter 4.3 definition of marketing: any communication, from an MCO to a Medicaid or CHIP Client who is not enrolled in the entity, that can reasonably be interpreted as intended to influence the Client to enroll in that particular MCO’s Medicaid or CHIP product, or either to no enroll in, or to disenroll from, another MCO’s Medicaid or CHIP product CMS definition of marketing (42 CFR 438.104): means communication from an MCO… to a Medicaid recipient who is not enrolled in that entity, that can reasonably be interpreted as intended to influence the recipient to enroll in that particular MCO’s … Medicaid product, or either to not enroll in, or to disenroll from, another MCO’s…Medicaid product. Marketing materials is similarly defined (by HHSC and CMS) as: materials produced in any medium by or on behalf of the MCO (dental contractor) and can reasonably be interpreted as intending to market to potential members. 80 Texas State Board of Dental Examiners • Lisa Jones Director of Enforcement Texas State Board of Dental Examiners 512-463-6400 lisa@tsbde.texas.gov 81 State Board of Dental Examiners Professional Conduct in Business Promotion • Soliciting or securing patients • Oral solicitation • Patient referrals • New patient gifts 82 Soliciting or Securing Patients • Criminal offense and professional violation to: • offer to pay OR agree to accept • any remuneration • for soliciting or securing patients • No recruiters! • No compensated referrals! 83 TSBDE – Oral Solicitation of Patients • One-on-one solicitation of patients prohibited. • DPA Sec. 259.008 bars oral solicitation of patients “directed to an individual or a group of less than five individuals.” • Unprofessional to “intimidate or exert undue pressure or undue influence over a prospective patient” DPA 259.005 84 Patient Referrals • Incentivizing new patient referrals prohibited • Rule 108.60(a) • May split fees with other dentists or physicians IF • prior knowledge of patient • prior approval of patient • responsibilities are divided • This is not a pure referral. It is a splitting of labor and profit. • Rule 108.1(7) 85 New Patient Gifts • Current rules allow gifts to new patients • “$50 gift card to new patients” OK • BUT consider Medicaid value limits • Proposed rules prohibit gifts to new patients • Proposed rules allow gifts to patients of record • No value limit 86 Relevant Rules and Laws • Board Rules • Business Promotion: Rules 108.50 to 108.69 • Fee-splitting: Rule 108.1(6) • Referral Schemes: Rule 108.60 • Texas Law • Patient Referral and Solicitation: TOC 102.001 • Oral Solicitation: DPA 259.008(2) • Advertising Rules: DPA 259.005 87 Q: Duane Tinker Are providers who advertise allowed to indicate that they accept Medicaid or "we accept Medicaid"? 88 A: Advertising • The answer is yes 89 Q: John Walker I would like a better understanding why Medicaid is not paying for IV sedation appointment. One company (Delta Dental) is not paying at all the other two (Dentaquest and MCNA) pay so little that the anesthesiologist has chosen not to see Medicaid patients. Also why is there a need for three companies running the dental aspect because you have three companies with three different price guides and three different rules on what they will pay and will not pay. Its more confusing than it ever was before plus not to mention when you call these companies I may not get the correct answer to my question or worst yet I will get three different answers for the same question. 90 A: IV Sedation • The transition to managed care allows competition on the part of the MCO’s • CMS requirement that in Medicaid managed care the patients must be provided at least 2 options of plans to choose from 91 Q: Angela Vega Continued problems requesting coverage for implant supported crowns when an implant exists and is ready for restoration. What can be done to make it more well known that this is a medically necessary covered benefit when an implant exist? 92 A: Implants According to the Omnibus Budget Reconciliation Act (OBRA) of 1989, if the patient presents with an implant that was placed either through authorization by TMHP or as a private pay placed when the patient was not on Medicaid and the only way to appropriately restore to form and function is with an implant supported crown then Medicaid should pay for it. However, if the patient paid for the implant themselves while on Medicaid, then the patient should also be held accountable for paying for the implant supported crown as well. 93 Q: Angela Vega Repeated denial for SRP's with all MCO's citing no evidence of significant bone loss. If a patient comes in with significant calculus and plaque accumulation that is also beneath the gum line and/or periodontal disease, are we to only provide a basic prophy and wait until the child has significant bone loss and/or tooth loss before addressing the issue properly? What recommendations can be made on how to proceed with these cases to address the patient issue and still expect to receive compensation? 94 A: Scaling and Root Planing – These are the CDT Definitons • 4341 – periodontal scaling and root planing This procedure involves instrumentation of the crown and root surfaces of the teeth to remove plaque and calculus from these surfaces. It is indicated for patients with periodontal disease and is therapeutic, not prophylactic, in nature. Root planing is the definitive procedure designed for the removal of cementum and dentin that is rough, and/or permeated by calculus or contaminated with toxins or microorganisms. Some soft tissue removal occurs. This procedure may be used as a definitive treatment in some stages of periodontal disease and/or as a part of pre-surgical procedures in others. • 1120 – prophylaxis - child Removal of plaque, calculus and stains from the tooth structure in the primary and transitional dentition. It is intended to control local irritational factors. 95 Q: John Schultz I would like to know if we will be allowed to offer payment plans to orthodontic patients once they are officially denied by Medicaid due to lack of medical necessity. 96 A: Ortho Private Pay Arrangements • Review for Medical Necessity • New cases with denial for Medical Necessity • Payment hold – can’t private pay 97 Q: Kerri Tashjian Patient reps called our office and said that for an orthodontic transfer case, we should not wait for an approved authorization from them before seeing the patient for adjustments. We asked them to provide us something in writing that said we would get paid by DentaQuest if we see the patient before we have an approved authorization but the patient rep could not provide this information. The patient rep said we could not deny the patient services. My question to you is: are we doing something wrong by waiting for an approved authorization before seeing an ortho patient for adjustments? Are we in anyway denying the patient services? 98 A: Ortho Adjustments prior to Authorization • Review for Medical Necessity on transfer cases 99 Q: David Ferguson Recently it has been stated in the stakeholders meeting that Medicaid providers are not allowed to accept "out of pocket" payments for orthodontic cases until they have been formally denied by one of the 3 DMO's…. This policy…limits the access to care for Medicaid patients because as providers it does not make sense to take a Pan, Ceph, intraoral, extraoral photos, trace a ceph, make a treatment plan, fill out the criteria form and the ADA form and pay for shipping of all of that knowing full well that almost every case will be denied and there will be no reimbursement.... If HHSC is going to require records be submitted and denied for these patients are they also going to require there be reimbursement for those records? 100 A: Orthodontic Records • Coincides with the preceding question. • HPM requested a policy clarification (see next slide) related to the ability to obtain a private pay for orthodontics if the provider knows that the child will not meet the medical necessity. Dental providers have the ability to assess and determine whether the client would meet the orthodontia policy and may inform the client the option to enter into a private pay agreement. TMHP bulletin was sent out (private pay form) 101 A: Orthodontic Records • • • • Texas Medicaid will no longer reimburse for any diagnostic workups for treatment plans that are not approved. Dentists should determine whether the client’s condition meets orthodontic coverage criteria before performing a diagnostic workup. Prior to March 1, 2012, TMHP would reimburse a dental provider for 2 out of every 10 diagnostic workups for orthodontic treatment plans that were denied. Effective for dates of service on or after March 1, 2012, TMHP will no longer reimburse a dental provider for any diagnostic workups for treatment plans that are not prior authorized. Therefore, dental providers should evaluate each client thoroughly, before performing a diagnostic workup, to ensure that the client qualifies and meets all the required medically necessary criteria (13 years of age and older and have either permanent dentition and a severe handicapping malocclusion or one of the following special medical conditions: cleft palate, head-trauma injury involving the oral cavity, or skeletal anomalies involving the oral cavity) for comprehensive orthodontic services. The 2012 TMPPM does not state that dental providers are required to submit a prior authorization request to TMHP in order to get a formal denial for the service before entering into a private pay agreement with the client. 102 A: Private Pay arrangements for Orthodontia According to section 1.5.9.1, “Client Acknowledgment Statement” in the 2012 Provider Enrollment Handbook, if the provider determines that the client does not meet the medically necessity criteria, he/she may enter into a private pay agreement with the client if the client signs the “Client Acknowledgment Statement” and requests that the orthodontic services be preformed. 1.5.9.1 Client Acknowledgment Statement Texas Medicaid only reimburses services that are medically necessary or benefits of special preventive and screening programs such as family planning and THSteps. Hospital admissions denied by the Texas Medical Review Program (TMRP) also apply under this policy. The provider may bill the client only if: 1. A specific service or item is provided at the client’s request. 2. The provider has obtained and kept a written Client Acknowledgment Statement signed by the client that states: “I understand that, in the opinion of (provider’s name), the services or items that I have requested to be provided to me on (dates of service) may not be covered under the Texas Medical Assistance Program as being reasonable and medically necessary for my care. I understand that HHSC or its health insuring agent determines the medical necessity of the services or items that I request and receive. I also understand that I am responsible for payment of the services or items. I request and receive if these services or items are determined not to be reasonable and medically necessary for my care.” 103 Adjournment • • • • Q & A with MCO’s in the rear of the room Time limitation for adjournment Thank you for your participation If you have registered for this webinar or you signed in at the rear of this room you are on the Distribution List for our next webinar: October 26, 2012 104