Published: Friday 16 November 2012
“The American Hospital Association, which represents about 5,000 hospitals nationwide, also signaled that it wants to work with law enforcement officials to write Medicare billing standards that keep its members on the right side of the law.”

 

The nation’s largest hospital group has asked federal officials to create new Medicare pay scales for emergency rooms and outpatient clinics and determine if electronic health records are prompting hospitals to overcharge the federal program.

The American Hospital Association, which represents about 5,000 hospitals nationwide, also signaled that it wants to work with law enforcement officials to write Medicare billing standards that keep its members on the right side of the law.

Hospitals want to ensure that they “receive only the payment to which they are entitled,” Rich Umbdenstock, the group’s president, wrote in a letter dated Nov. 12. The letter was sent to Department of Health and Human Services Secretary Kathleen Sebelius and Attorney General Eric Holder.

“Hospitals share the administration’s goal of a health system that offers high-quality, affordable care and work hard to ensure billing is correct the first time,” Umbdenstock wrote.

The industry has come under fire in the wake of the Center for Public Integrity’s “Cracking the Codes” series, which found that thousands of medical professionals have steadily billed higher rates for treating seniors on Medicare over the last decade — adding $11 billion or more to their fees. The investigation suggested that Medicare billing errors and abuses have been worsening as doctors and hospitals switch to

Published: Thursday 15 November 2012
“According to investigators, most fraud schemes in personal care services involve billing for care that was not provided or was not allowed.”

Like a growing number of disabled Americans on Medicaid, Keith Foreman, a 57-year-old in Metropolis, Ill., qualified for a personal caregiver to help him with daily activities like dressing, shaving, and preparing meals.

Foreman, who prosecutors say suffers from a spinal injury, hired his girlfriend, Sheila McDonald, for the job. In 2011, McDonald received almost $5,000 from Medicaid for six months of care she provided to Foreman.

These personal care services, which are available in all 50 states, are designed to help the sick, elderly, and disabled remain in their homes — and out of expensive nursing facilities. But Foreman was not living at home. During the days marked on McDonald’s timesheets, Foreman was housed in the Massac County jail in Illinois, serving time for forging a stolen debit card signature at a local liquor store.

Like Foreman and McDonald, who both pleaded guilty to charges of making false statements, unscrupulous beneficiaries and home health workers are increasingly targeting personal care services programs for illegal money-making schemes, according to a new federal report. Investigators say lax requirements ...

Published: Wednesday 17 October 2012
“Dr. Farzad Mostashari, the Obama administration’s National Coordinator for Health Information Technology, said in an interview Monday afternoon that his policy-setting committee of experts would examine the issue and make recommendations on how to address it.”

 

The nation’s top health information technology official has launched an internal review to determine if electronic health records are prompting some doctors and hospitals to overbill Medicare.

Dr. Farzad Mostashari, the Obama administration’s National Coordinator for Health Information Technology, said in an interview Monday afternoon that his policy-setting committee of experts would examine the issue and make recommendations on how to address it. 

It is the second government action in the wake of the Center for Public Integrity’s“Cracking the Codes” series, which found that thousands of medical professionals have steadily billed higher rates for treating seniors on Medicare over the last decade — adding $11 billion or more to their fees.

The Center’s year-long investigation, published in September, suggested that Medicare billing errors and abuses are worsening as doctors and hospitals switch to electronic health records. A similar report was subsequently published by theNew York Times.

Mostashari said he wants to find out if the digital systems are triggering higher billing codes by allowing doctors to cut and paste records from prior encounters with a patient, a practice known as “cloning.” Many experts say that this process can raise the size of a patient’s bill, even though it reflects little in the way of added or necessary medical service.

“If we are just copying the same information over and over, that’s not good medicine,” Mostashari said. “I’ve asked the policy committee to provide guidance on that.”

Mostshari also said that ...

Published: Tuesday 9 October 2012
Poverty is rampant. Food insecurity is widespread. Involuntary homelessness is pervasive. And until we’re willing to acknowledge these realities squarely then we’ll continue to magnify the “middle” while minimizing an already underrepresented majority.

Last Wednesday night the terms “middle-income” and “middle-class” were mentioned 34 times over the course of the first 90-minute so-called presidential “debate.”The phrases rolled jauntily off the tongues of both candidates as they attempted to make impassioned appeals to what is often seen as the most important voting bloc.

Applying a term without first defining it, however, is the hallmark of ideology. Marx’s “Sie wissen das nicht, aber sie tun es” (“they do not know it, but they are doing it”) expression from Das Capital represents the most incisive definition of ideology to date. Ideology in its most elemental form entails unwittingly maintaining the taken-for-granted categorical presuppositions and omissions around which we choose to organize the world. And our collective presumption of “middle-classness” is one such ideological ruse.

Unfortunately, we Americans know troublingly little about income distribution and our relative position in it. We all seem to think we’re part of the ubiquitous “middle class” because, well, we’ve rarely bothered to hazard a definition. For instance, according to an April 2007 poll by CBS News only 2 percent of the 994 adults surveyed said they were "upper class.” 7 percent said they were "lower class.” 

Class, of course, is as much a cultural concept as it is an economic one.  There needn’t necessarily be any natural correlation between cultural habits and remuneration, and as such the relationship between class and income is often mystified. For example, the perceived high cultural class standing of, say, an adjunct professor, doesn’t necessary reflect her low income or job ...

Published: Saturday 14 July 2012
Obama administration is actually doing through a memorandum issued Thursday by the Department of Health and Human Services is allowing states to test more effective ways to move people who are in the welfare program, Temporary Assistance for Needy Families, into the workforce and into economic independence—actually a bedrock conservative principle.

 

The Heritage Foundation today spread a falsehood about a change the Obama administration is instituting in the 1996 welfare reform law that has rapidly spread through the right-wing blogosphere. Letting Heritage and the right wing get away with this lie would do serious harm to people trying to pull themselves out of poverty.

Heritage headlined its Morning Bell email, "Obama's Imperial Presidency Guts Welfare Reform." Actually, if President Obama got all imperial on us and actually gutted welfare reform, that might not be such a bad thing, given how the law has actually failed in many respects to help people in poverty to get the economic support they need.

But what the Obama administration is actually doing through a memorandum issued Thursday by the Department of Health and Human Services is allowing states to test more effective ways to move people who are in the welfare program, Temporary Assistance for Needy Families, into the workforce and into economic independence—actually a bedrock conservative principle.

"This is not a back-door way to get out of the work requirement," said Elizabeth Lower-Basch, a senior policy analyst at the Center for Law and Social Policy. Instead, the explicitly states that the agency "is interested in more efficient or effective means to promote employment entry, retention, advancement, or access to jobs that offer opportunities for earnings and advancement that will allow participants to avoid dependence on government benefits."

"There was a growing consensus that the current work requirements ...

Published: Tuesday 3 July 2012
“The penalty-tax that the individual mandate imposes will soon constitute one of the most regressive taxes in the United States.”

Last Thursday the Supreme Court upheld President Obama’s signature domestic policy –the Affordable Health Care Act –by arguing that its individual mandate falls under Congress’s jurisdiction to levy taxes. Chief Justice Roberts wrote in his majority opinion that the Affordable Care Act’s mandate to purchase health insurance may “reasonably be characterized as a tax [and because] the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.” 

Meanwhile, the Obama administration has long asserted that the mandate—the bill’s fulcrum, really—is necessary to ensure that other provisions of the law function smoothly. That is, supporters view the mandate as essential to market based reform; without it, they argue, many healthy people would remain without insurance coverage, premiums for individuals and employers would accelerate, and insurance markets could become unstable. When the uninsured who can afford premiums do become ill, unaffordable health care costs are often absorbed by the rest of the population.

Unfortunately, the penalty-tax that the individual mandate imposes will soon constitute one of the most regressive taxes in the United States. (The terms “penalty” and “tax” here are effectively fungible. Whatever the nomenclature, it’s the functional equivalent of a tax.) The penalty-tax structure authorized by this law inherently disadvantages low income earners who, in effect, pay proportionally more on fewer dollars. Taxes imposed here are uncannily akin to the regression rates of sales and social security taxes. Take a look at the scatter chart below:

Photobucket READ FULL POST 25 COMMENTS

Published: Wednesday 23 May 2012
“House Republicans are calling for cuts to food aid, healthcare and social services while protecting funds for the Pentagon.”

Census data shows nearly one in two Americans live in poverty and now the Congressional Budget Office warns things could soon get worse if President Obama and Congress remain at an impasse over the 2013 fiscal budget. House Republicans are calling for cuts to food aid, healthcare and social services while protecting funds for the Pentagon. We discuss poverty with Peter Edelman, who resigned as assistant secretary at the Department of Health and Human Services over then-President Bill Clinton's signing of the 1996 welfare reform law that threw millions off the rolls. "Basically right now welfare is gone," Edelman says. "We have six million people in this country whose only income is food stamps -- that's an income at a third of the poverty line. ... Nineteen states serve less than 10 percent of their poor children. It's a terrible hole in the safety net. Welfare has basically disappeared in large parts of this country." Now a professor at Georgetown University Law Center, Edelman has written a new book, "So Rich, So Poor: Why It's So Hard to End Poverty in America." "I'm very much in support of Occupy," he adds. "The idea ... of the 1 percent and the 99 percent ... all fits together -- we really should be all one country."

 

Transcript:

Published: Saturday 17 March 2012
“This summer, health insurance companies may have to pay more than a billion dollars back to their own customers.”

This summer, health insurance companies may have to pay more than a billion dollars back to their own customers.  The rebate requirements were introduced as part of the 2010 health-care reform law and are meant to benefit consumers.  But now an insurer-supported Senate bill aims to roll back the rebate requirements.

Known as the medical loss ratio rule, it’s actually pretty simple.  Under the health-care law provision, 80 to 85 cents of every dollar insurers collect in premiums must be spent on medical care or activities that improve the quality of that care.  If not, they must send their customers a rebate for the difference.  The goal, according to the Department of Health and Human Services, is to limit the money insurers spend on administrative costs and profit.

“It essentially ensures that consumers receive value for every dollar they spend on health care,” HHS spokesman Brian Chiglinsky told ProPublica.

Last month, Sen. Mary Landrieu, D-La., introduced a bill that would change what costs companies can include in the 15 to 20 percent they are allotted for overhead, salaries and marketing.  The bill, similar to a House bill introduced in March 2011 that has yet to come up for a vote, focuses on payments to insurance agents and brokers.  Traditionally, these commissions are bundled into the administrative costs when making the final calculation.  But insurance regulators have argued that fees paid to insurance agents and brokers shouldn’t count.

Such a change could mean big savings for insurance companies — and much smaller rebates for ...

Published: Monday 13 February 2012
The Department of Health and Human Services stiffens spine and requires health insurance companies to clearly explain their policies.

All the attention paid to the debacle about coverage for contraceptives over the past several days obscured a broader, undisputed win for all consumers, including those who are pregnant or about to be pregnant.

While the media was obsessing about the contraceptives controversy, the Department of Health and Human Services unveiled a final rule that even the Catholic bishops should support. Starting this fall, insurers and employers that offer health care benefits must provide us with more clearly written information about what their benefit plans cover and how much of our own money we’ll have to pay if we get sick, injured or, yes, pregnant.

This is no small matter. Rumors had been circulating in Washington over the past several months that the administration would cave to the demands of the insurance industry’s trade organization that this requirement be gutted to the point of being meaningless for most Americans. The rule requiring that this information be written in plain English was part of the health care reform law.    

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Published: Sunday 12 February 2012
“Originally... religious institutions were given a one-year grace period to figure out how to comply with the coverage mandate.”

I write today in praise of fig leaves. In politics, as in religion, fig leaves have an important place.

The compromise — in the Obama administration’s assessment, non-compromise — announced by the White House is, in essence, a huge regulatory fig leaf.

Women who work for religiously affiliated institutions that morally object to contraception will nonetheless have access to contraceptive coverage free of charge, just as women who work for other employers. They won’t have to sign up for any different coverage or pay any additional money.

The employers, for their part, won’t have to pay for the coverage, say they offer it or even direct employees to places where they can obtain it. The extra cost, and here is where the fig leaf comes in, will be born by the insurance companies themselves.

This is, of course, a dodge — a quite clever and positive one. Everyone gets to say that the religious institutions aren’t “paying for” contraception. But if covering contraception ends up costing them money, you can be sure those costs will be passed along, as costs always are, to customers.

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Published: Thursday 9 February 2012
“The White House scrambled to contain the controversy — and cast the debate not as one over religious freedom, but one over access to affordable preventative care for women.”

 

The White House insisted Wednesday that the president's commitment to contraceptive access for women is "absolutely firm," even as Republicans from Capitol Hill to the presidential campaign trail assailed the policy as an attack on religious liberty.

Republicans seized on a call from Catholic bishops, who in recent weeks have asked their parishioners to object to a federal law requiring religious-based institutions, such as Catholic hospitals and universities, to provide contraceptives as part of their health care coverage. A new law taking effect this year requires most private insurers to pay for birth control. Religious groups have been given an extra year to comply.

At the White House, Press Secretary Jay Carney said the administration wants all American women — no matter where they work — to have access to the same health care coverage and the same preventive care services. That includes contraception without a co-payment.

"We want to work with all of these organizations to implement this policy in a way that is as sensitive to their concerns as possible," Carney said. "But let's be clear: The president is committed to ensuring that women have access to contraception without paying any extra costs, no matter where they work.

"That's the president's commitment," he said. "That is explicit in the policy proposal."

But at the Capitol, House Speaker John Boehner, R-Ohio, delivered a rare floor speech vowing a repeal. He and his Republican counterparts in the Senate called it an "assault on religious liberty."

"In imposing this requirement, the federal government has drifted dangerously beyond its constitutional boundaries, encroaching on religious freedom in a manner that affects millions of Americans and harms some of our nation's most vital institutions," Boehner said.

The White House scrambled to contain ...

Published: Saturday 4 February 2012
“At issue are regulations promulgated Jan. 20 by the Department of Health and Human Services that required contraceptive services to be covered by the insurance policies that will be supported under the Affordable Care Act.”

One of Barack Obama’s great attractions as a presidential candidate was his sensitivity to the feelings and intellectual concerns of religious believers. That is why it is so remarkable that he utterly botched the admittedly difficult question of how contraceptive services should be treated under the new health-care law.

His administration mishandled this decision not once but twice. In the process, Obama threw his progressive Catholic allies under the bus and strengthened the hand of those inside the Church who had originally sought to derail the health-care law.

This might not be so surprising if Obama had presented himself as a conventional secular liberal. But he has always held himself to a more inclusive standard.

His deservedly celebrated 2006 speech on religion and American public life was a deeply sophisticated and carefully balanced effort to defend the rights of both believers and nonbelievers in a pluralistic republic.

Obama’s speech at Notre Dame’s graduation in 2009 was another tour de ...

Published: Monday 12 December 2011
Behind-the-scenes battle raging over just what health benefits will be required by the Obama administration.

The money that patients’ rights advocates have to spend trying to convince the Obama administration that Americans should have decent health care benefits pales in comparison to the boatloads of cash insurers and their corporate allies have on hand to do largely the opposite. But at least the advocates are now in the game.

Last week a broad coalition of patient-focused groups launched its “I Am Essential” campaign in an effort to make sure that when all of us have to buy health insurance in 2014, we will be getting good value.

When Congress passed the Affordable Care Act last year, it included a provision requiring that all health insurance plans sold a little more than two years from now must contain “essential health benefits.” It established 10 categories of required coverage: ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance use disorder services, including behavioral health treatment; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services and chronic disease management and pediatric services, including oral and vision care.

The Department of Health and Human Services has the responsibility of determining, with input from the respected nonprofit Institute of Medicine, just how comprehensive the coverage will have to be in each of those categories.

Insurers and employers who offer coverage to workers have been lobbying both the IOM and HHS to make the coverage requirements as narrow as possible. They want to continue marketing plans with skimpy benefits because they are less costly to employers and potentially more profitable to insurers. The problem with that approach, of course, is that millions of ...

Published: Saturday 26 November 2011
“If Department of Health and Human Services had offered a broader religious exemption from the outset, President Obama could still have boasted of having achieved the largest expansion of contraception coverage in the nation’s history.”

Any time the Obama administration touches issues related to the Roman Catholic Church, it seems to wind up in a rhetorical and moral crossfire that leaves all involved wounded and angry. This is what’s happening in the battle over how contraception should be covered under the new health-care law.

Partly because it mishandled the issue at the outset, the Obama team seems destined either to leave supporters in the reproductive-rights community irate or to put the president’s Catholic sympathizers in a much weakened position.

When Congress enacted health-care reform, it left to the Department of Health and Human Services (HHS) the job of determining which preventive services for women insurance plans would be required to include. In August, the administration announced interim rules requiring coverage for contraceptive services without co-pays or deductibles. It provided an exemption from this requirement to “religious employers,” but the exemption was so narrow that it largely left out Catholic hospitals, universities and other church-affiliated ...

Published: Wednesday 9 November 2011
“[Centers for Medicare & Medicaid Services]’s response to the report was generally positive, and Berwick noted that CMS would incorporate the inspector general’s recommendations into its new program.”

Surgeries performed on the wrong body part, instances of sexual assault and incorrect blood transfusions—these are just a sampling of the adverse events that more than a quarter of Medicare beneficiaries experienced while they were in treatment at hospitals, according to a month-long survey conducted as part of a recent Department of Health and Human Services inspector general’s report.

The Oct. 2008 survey of 81 hospitals found that 27 percent of Medicare beneficiaries experienced adverse events — medical errors or other improper treatment that result in patient harm — while in hospitals. But reduction of such adverse events has been hampered, the report says, by a complex and confused hospital oversight structure. The report, Adverse Events in Hospitals: National Incidence Among Medicare Recipientswas released last week.

Hospitals bear the primary responsibility for investigating adverse events, but who dictates how outside investigations should proceed is less clear. Hospitals that participate in the Medicare program must either be accredited by the independent, nationally recognized Joint Commission or demonstrate to the Centers for Medicare & Medicaid Services (CMS) that they are in compliance with a list of 23 Medicare conditions of participation, called CoPs.

Outside the scope of a hospital’s governing ...

Published: Tuesday 8 November 2011
At the moment, no one is required to report instances of harm caused by health information devices and no government agency currently monitors their safety.

Health information technology has been touted as crucial to better health care, but a new report says an entirely new regulatory agency is needed to oversee this largely unregulated sector, which can also injure or kill patients if it’s not operating properly. In pushing for a new oversight body, the respected Institute of Medicine, an independent research and advisory organization, is explicitly advising that the Food and Drug Administration (FDA) not be tasked with the job — a recommendation that is bound to be controversial.

The eagerly anticipated report, titled “Health IT and Patient Safety: Building Safer Systems for Better Care,” will be publicly released Thursday. A copy was obtained by iWatch News. The study details nine other recommendations for how to ensure patient safety when doctors and other health care providers use health information technology, or health IT. The findings from the report were presented October 28 to the Department of Health and Human Services (HHS) and its agencies.

The question of who should regulate these devices comes at a time when the federal government is pushing the use of health IT through a $27 billion dollar portion of President Barack Obama’s 2009 economic stimulus. The initiative includes programs that award financial incentives for providers who use electronic health records and an additional $550 million in grants to states for creating exchanges that allow the sharing of clinical data.

But the push is occurring so far without any agency really ‘watch dogging’ the safety of health IT — the software, hardware and systems that record and manage patients’ health information. ...

Published: Tuesday 20 September 2011
Congress extended powers to include AGs, but few have prosecuted violations on patient health information

Only two state attorneys general have pursued the authority Congress gave them two years ago to prosecute privacy and security breaches of health information — despite training from federal agencies and a consensus among privacy groups that enforcement needs to improve.

The authority to initiate such cases had previously belonged only to the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR), which was directed to protect private patient information by the 1996 Health Insurance Portability and Accountability Act (HIPAA). The expansion of jurisdiction to state attorneys general was awarded in concert with a $27 billion stimulus program initiated in 2009 to reward health care providers for switching from print to computerized health records.

The idea behind permitting attorneys general to sue under HIPAA was to give the regulation some teeth. The consensus among privacy and legal experts is that HIPAA enforcement has historically never held much weight among federal prosecutors. State attorneys general can now bring civil privacy cases to federal district court and can seek injunctive relief, statutory damages and attorneys fees. Congress believed that increasing the number of regulators by fifty-fold might improve provider compliance and reassure the public that health information would stay safe in the digital sphere. Since then, though, only former Connecticut Attorney General Richard Blumenthal and Vermont Attorney General William Sorrell have used the new power.

Experts blame a variety of factors for the apparent disinterest — the newness of the law, state budget constraints, conflicting priorities, even high rates of HIPAA compliance by health care providers. They also believe state attorneys general may have chosen to prosecute such cases ...

Published: Friday 9 September 2011
Over the past several weeks, a Dallas TV station has exposed the “golden teeth” Medicaid scandal in Texas, now under investigation by the inspector general of the Department of Health and Human Services

Both as governor of Texas and as the leading Republican presidential candidate, Rick Perry has established himself as a harsh critic of federal programs — and, in particular, as a "state's rights" advocate who accuses Washington of gross ineptitude and waste in providing services such as health

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