Friday, October 24, 2014

Hospitals Face More Payment Losses, Risks from Pay-for-Performance Programs


Reprinted from REPORT ON MEDICARE COMPLIANCE, the nation's leading source of news and strategic information on Medicare compliance, Stark and other big-dollar issues of concern to health care compliance officers.

By Nina Youngstrom, Managing Editor

October 20, 2014 Volume 23 Issue 37

While hospitals fend off claim denials in core compliance risk areas, they also face revenue losses from pay-for-performance programs and their sometimes counterintuitive consequences. At the same time, pay-for-performance programs may create compliance risks for hospitals under fraud and abuse laws, because of the temptation to reward physicians for improving quality of care and give free goodies to patients to improve their health. The risks mount as the pay-for-performance programs mature and penalties increase.

A large chunk of hospital payment is at risk from the value-based purchasing, hospital readmission reduction and hospital-acquired conditions programs, which were created or enhanced by the Affordable Care Act. The cumulative effect of these potential rewards and penalties are an argument for greater oversight of the programs and their overlapping performance indicators. “Imagine your biggest payer comes to you and tells you it will put 6% of your hospital reimbursement on the line and it is based on your performance compared to other hospitals in three key quality programs,” said Washington, D.C., attorney Daniel Hettich at an Oct. 14 webinar sponsored by RACmonitor.com. Some hospitals proceed with business as usual, hoping their commitment to quality of care will keep them ahead of the game, and some hospitals ignore them, hoping the programs will disappear. “Others seek to understand the basics of the programs and what they can do to increase the hospital’s performance under the programs,” said Hettich, who is with King & Spalding. “That is the correct answer.” To ensure hospitals rise to the pay-for-performance occasion, for the sake of their patients and their payments, they have to send in the troops — compliance officers, medical directors, coders, billers, quality improvement and others, he said.

Pay-for-performance programs are advancing the shift from payment for volume to payment for quality of care. The groundwork was laid by the Inpatient Quality Reporting program, which penalizes hospitals that don’t report to CMS on quality measures and is still in play. But that is just about reporting data. “Results don’t matter with IQR,” Hettich said.

The first of the true pay-for-performance programs is value-based purchasing (VBP) and it’s the only one that carries both rewards and penalties. The program is funded by reductions in base operating DRG per discharge payment reductions. That means all hospitals will be paid 1.5% less in fiscal year 2015, which started Oct. 1, and up to 2% less in FY 2017 and beyond, Hettich said. The pool is redistributed to hospitals according to their compliance with quality measures, which is judged against their own compliance two years earlier (“improvement”), and their compliance compared to other hospitals (“achievement”), he said. “As long as you improve your own performance, you will get some points.” CMS figures it will give $1.5 billion in incentive payments to hospitals in 2015 when 1.5% of reimbursement is at stake, but their performance this year on quality measures (and other aspects of VBP) affects 2% of 2017 payments.

Quality measures include rates of c. difficile infections; catheter-associated urinary tract infections; and 30-day mortality for acute myocardial infarction, pneumonia or heart failure.

CMS Assigns Achievement, Improvement Points

For most measures, CMS assigns achievement and improvement points based on two cutoffs: a threshold and a benchmark. Thresholds are defined as compliance rates by the average hospital and benchmarks are defined as compliance rates by the top 5% of hospitals in the nation, he said. In the achievement area, there are 10 points for meeting or exceeding the benchmark, no points below the threshold and between one and nine points depending on where hospitals fall between the threshold and the benchmark. “The gold standard is the benchmarks,” (e.g., having a surgical-site infection rate in the lowest 5% of hospitals nationally), he said. “That’s the score you need to get the full 10 points.”

Hettich said there is a similar formula for the improvement score, with zero points if hospitals fall below their own baseline score, one to nine points depending on how far above their baseline they are scored and 10 points for meeting a national benchmark. For example, if a hospital provided fibrinolytic therapy to 82% of AMI patients in 2015, up from 43% in 2013, it gets seven points for improvement.

There’s a pitfall with CMS’s methodology, Hettich said. “I call it the compression problem,” he said. Many of the quality measures have little room between the performance of average hospitals and top hospitals. That can wreak havoc on their scores. With the flu vaccination, for example, a hospital that misses only one case out of 100 drops from 10 points to zero because the top hospitals have a near-perfect compliance rate while average hospitals hit the 99% mark. “That means hospitals have a huge incentive to bring the 99% compliance rate to 100% compliance and there has been a lot of debate about whether that is a rational use of resources. Aren’t there bigger fish to fry?” he said. Specialty hospitals should keep this in mind because, for example, orthopedic hospitals’ excellent performance on surgery-related measures could “be offset by missing performance indicators in a handful of heart failure cases.”

Quality measures are only one aspect of the VBP payment. Hospitals are also scored on patient satisfaction, as measured by the Hospital Consumer Assessment of Healthcare Providers and Systems (HCAHPS) survey, and Medicare spending per beneficiary, which is new and controversial.

HCAHPS Survey Has Eight Questions

There are eight questions on the HCAHPS survey. Patients are asked about their communication with physicians and nurses, pain management, discharge information and communication about medication, among other things. CMS again rates their self-improvement and achievement, Hettich said. But here’s a quirk: Unless patients give hospitals an “excellent,” they fail. A “good” might as well be an “awful,” he said.

The third category of VBP — Medicare spending per beneficiary — was implemented this year, Hettich said. It calls for CMS to score hospitals on Part A and B spending per beneficiary from three days before admission to 30 days after discharge. The scores will be risk adjusted for age and severity of illness, capture readmissions and exclude high-cost outliers, he said. If a hospital’s per-beneficiary spending was more than the average hospital, there will be no points assigned. Hospitals have to be in the lowest 5% to get 10 points. CMS plans to get a lot fancier with this measure; the 2015 IPPS proposed rule envisions drilling down to Medicare spending per beneficiary for three medical and three surgical episodes, Hettich said.

When all is said and done, CMS assigns a weight to each measure in the three categories and calculates every hospital’s total VBP percentage at the end of the year. If its performance was less than impressive, the hospital may not recover any of the withhold. Or it will break even, or get the withhold back and then some, Hettich said. The maximum hospitals received in 2013 was 0.5% on top of the 1% withhold, and if that holds, the maximum bonus for 2017, when the withhold is 2%, will be a 1% payment increase.

Another program in the pay-for-performance playbook is the hospital readmission reduction program. CMS compares hospitals’ risk-adjusted 30-day readmission rates to the national average for myocardial infarction, heart failure, pneumonia and, as of Oct. 1, chronic obstructive pulmonary disease, coronary artery bypass graft, percutaneous transluminal coronary angioplasty and other vascular conditions. Hospital payments already have been cut 1% if readmissions exceed “expected” rates, and it will rise to 3% this year, Hettich said. The categories of patients for readmission reduction and value-based purchasing overlap, “so improving services for these patients will yield benefits” for both, he said.

Finally, there is the hospital-acquired condition (HAC) program, which takes a bite out of reimbursement for the worst offenders. CMS finalized two domains in the 2015 IPPS rule, and bases 35% of the HAC score on the first and 65% of the HAC score on the second. The first domain is PSI-90, an amalgam of Agency for Healthcare Research and Quality measures (e.g., pressure ulcers, postoperative sepsis). They are calculated using ICD-9 codes and present on admission codes, which convey whether patients had the condition when they presented at the hospital or acquired it there. The second domain includes catheter-associated UTIs, surgical site infections and central-line associated bloodstream infections and are CDC measures that must be abstracted from medical records.

Hospitals will receive zero to 10 points for each measure, representing best to worst. CMS will then award points based on the adverse incident rate and compare the hospitals to each other to identify the 25% of hospitals with the most HACs. Compliance officers can’t look at every claim to check whether there’s a HAC, but they can ensure there are policies and procedures for reporting HACs and spot check claims to detect when they may not have been reported. “Make sure policies are clear that you can’t ignore it and say ‘no one will be the wiser,’” Hettich said.

With so much reimbursement on the line, hospitals may be inclined to use financial incentives to promote compliance with the VBP and readmission and HAC reduction goals. “The knee-jerk instinct would be to say ‘a lot of measures depend on physicians to limit infections, so let’s share some of our incentive payments with them. If we get $1 million, we will share half with them,’” Hettich said. That may not fly with regulators because, generally, no safe harbors to the anti-kickback law or exceptions to the Stark law shield financial incentives that promote quality and efficiency, he said. There are also civil monetary penalty laws against gainsharing and a patient inducement CMPL that bars offering money or gifts to Medicare beneficiaries to influence their selection of a provider. For example, in an advisory opinion (02-14), OIG said a program to furnish bandages, helmets or beepers to hemophilia patients may implicate the patient inducement CMPL. OIG reiterated this in a 2006 advisory opinion, which said arrangements where providers offer noncovered goods or services to beneficiaries could violate fraud and abuse laws.

Incentives Are a ‘Dangerous Area’

“It’s a dangerous area that has to be carefully considered in terms of what types of incentives hospitals might want to give physicians and patients and they should be thinking about these issues,” he said.

There is some leeway in the fraud and abuse laws in this context. For example, OIG has given the green light to 16 gainsharing programs, which are designed to distribute a percentage of cost savings to physicians based on efficiency and/or quality improvement. In an Oct. 3 proposed regulation, OIG sought feedback on easing the gainsharing CMPL (RMC 10/13/14, p. 5).

There are also fraud and abuse waivers for accountable care organizations. For example, the shared savings distribution waiver protects shared-savings payments and distributions among ACO participants and providers from the Stark and anti-kickback statutes and gainsharing CMPL. Also, incentives offered by ACOs to beneficiaries to encourage preventive care and compliance with treatment regimens will be protected from the CMPL that prohibits inducements to beneficiaries to sway them to pick a particular provider or supplier.

http://aishealth.com/archive/rmc102014-02?utm_source=Real%20Magnet&utm_medium=Email&utm_campaign=55637446

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