Discuss some of the major regulations and laws that govern contracting for medical practices.
The regulatory schemes covering medical practices are unbelievably complex, so this article only gives a bird’s eye view.
Both the US and California have their own versions of the anti-kickback and Stark self-referral laws.
○ Under the CA and federal anti-kickback laws, a physician may not knowingly offer or pay, or even receive, anything of value for the referral of medical work.
○ Under the CA and federal "Stark" self-referral laws, for
certain designated health services, a physician may not refer a
patient to a provider with which the physician (or a family member)
has a financial relationship.
Violation of these laws is punishable by fines, exclusion from
participation in Medicare and Medi-Cal (see next), loss of license
to practice, and even imprisonment. The federal and state referral
laws are very broad and very complex. They touch on almost all
financial aspects of a practice, and it is very important that you
hire an attorney to run each of your transactions through a
referrals analysis.
For more on the referral laws as they relate to your group's
compensation plan, read Stark and Anti-Kickback laws re the
compensation structure of a group medical practice.
Billing Fraud and Exclusion from Medicare and Medi-Cal
You must be very careful when billing for services because you do
not want to inadvertently commit health care fraud. It is very easy
for medical practices to become sloppy in their billings as they
try to maximize reimbursement, for example, using a physician’s
provider number to cover the work of a non-physician.
The federal Office of Inspector General (OIG) can exclude anyone
who has engaged in billing abuse from participation in Medicare.
Exclusion is very serious because you cannot get reimbursement from
Medicare for your medical work. The California Department of Health
Services has its own exclusion (suspension) provisions regarding
Medi-Cal.
The OIG prohibits payment even to an innocent health care provider
(e.g. a hospital) who employs an excluded individual. A provider
can itself be excluded if it submits claims for payment connected
with an excluded person. Hence a medical practice must be sure that
all of its employees and contractors are not excluded. Both OIG and
California maintain online lists of excluded health care
providers.
HIPAA
The Health Insurance Portability and Accountability Act of 1996
(HIPAA) requires “covered entities” to protect electronic health
information from unauthorized access, alteration, deletion, and
transmission. Covered entities include medical practices.
HIPAA is extensive and I’m sure you’ve had about all you can stand
of it already. One thing to keep in mind about HIPAA is that, when
working with third-party contractors who handle patient data, a
health care practice must obtain contractual assurances of their
HIPAA compliance. Make sure your contracts with third parties have
the language to this effect.
Supervision of Staff
California has a multitude of regulations on your supervision of
staff, including medical assistants, nurse practitioners and more.
The California Medical Board’s website has many publications that
address these regulations. I will not belabor them in this short
outline.
Test Case -- Sharing Offices with other Health Care Providers
Sharing office space with other health care practices brings up all
of the above issues. The primary problems are a violation of the
referral laws (above), the creation of a de-facto partnership, and
opening access to patient data in violation of HIPAA.
The various health care providers may make referrals to one
another, but they must comply with the state and federal referral
laws (Stark and Kickback). In essence, they may not take or receive
any compensation (direct or indirect) for a referral. Be extra
careful of the office leases for the shared space. The Stark and
Kickback referral laws have specific requirements to prevent the
leases from acting as indirect conduits for financial
compensation.
The risk with a de-facto partnership is that patients of another
practice sue you based on the argument that you and the other
practice are partners. The more resources you and the other
practices share, and the more integrated you look, the higher the
risk. You must keep your medical practice absolutely separate from
the other practices in the shared space. All health care practices
in the shared space should give written disclosure of the
space-sharing relationship to patients, including a disclosure that
the various practices are not in a partnership of any kind.
One final note: Never let another health care practice bill under
your provider number, no matter how many rationales that another
practice has for it is OK. Most likely this would constitute
billing abuse.
Discuss some of the major regulations and laws that govern contracting for medical practices.
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