Insurance Issues
Insurance Complaint Forms
July 6, 2011
OptumHealth Profiles
MAC Requested Written Clarification on Exactly What
Info is Used to Create Provider Profiles
Doctors across the state have been receiving letters from
OptumHealth containing their most recent profiles. OptumHealth
(formerly ACN) administers Blue Cross Blue Shield of Michigan’s (BCBSM)
profiling system, the “Chiropractor Use Management Program.” All
Michigan doctors of chiropractic who are reimbursed by BCBSM are
profiled, not just those doctors in the TRUST. OptumHealth sends out a
copy of their profile to each doctor twice a year, in May and
November.
What Data is Used to Compile an OptumHealth Profile?
Many doctors have been contacting Kristine Dowell
at the MAC central office for clarification on exactly what
information OptumHealth uses to create their profiles. Profiles
include a category entitled “Allowed Dollars per Patient,” which is
made up of all services billed to Blue Cross. The following are not
included in the data used for the BCBSM Chiropractic Management Use
Program:
-
Medicare claims and all supplemental co-payments
-
Auto Groups (GM, Ford, Chrysler)
-
Federal Employment Program (FEP) claims
-
Out-of-state
-
MESSA (including massage)
The MAC recommends that doctors check their profiles much more
often – ideally on a monthly basis – so that they can be as current as
possible regarding the information contained within them.
To obtain a copy of your
OptumHealth profile:
- Call (800) 873-4575 to obtain your Provider ID and Password
- Go to
www.myoptumhealthphysicalhealth.com to access your profile data
As a part of our ongoing legal actions, the MAC legal team has
carefully evaluated the profiling system and we are actively
negotiating for needed changes.
If you are a member of the MAC and have questions regarding your
profile data, contact MAC Executive Director Kristine Dowell at the
central office at (800) 949-1401.
May 2, 2011
Unprecedented Court Ruling for MAC!
Michigan Chiropractors Win Class
Status Against Blue Cross and Blue Care Network
Last Friday, in a very favorable
ruling, Ingham County Circuit Court Judge Paula Manderfield granted
the MAC's motion for "class certification" in our legal actions
against Blue Care Network (BCN) and Blue Cross Blue Shield of
Michigan (BCBSM). This decision means that the case will move
forward as a class action and that damages could be awarded. This is
an extremely promising development in these two critical lawsuits.
Under Michigan Court Rule
3.501(A)(1), which governs the certification of class actions, one
or more members of a class may sue as representative parties of all
members in a class action only if:
-
The class is so numerous
that joinder of all members is impracticable
There are questions of law or fact common to the members of the
class that predominate over questions affecting only individual
members
The claims of the representative parties are typical of the claims
of the class
The representative parties will fairly and adequately assert and
protect the interests of the class, and,
The maintenance of the action as a class action will be superior
to other available methods of adjudication in promoting the
convenient administration of justice
Judge Manderfield found that the MAC
satisfied all of these requirements in both lawsuits.
The Blue Cross Case
In Michigan Association of
Chiropractors and Toby A. Mitchell, DC, v. Blue Cross Blue Shield of
Michigan, the MAC asserts that our members who are or have been
participating providers with BCBSM have been harmed because BCBSM
has engaged in a practice of not paying chiropractic providers for
covered chiropractic services, while paying other non-chiropractic
providers for providing the same services. We further assert that
MAC members who are not, and have not been, participating providers
have been damaged by being discouraged from entering into provider
contracts with BCBSM by these same policies, which we believe to be
in violation of not only Michigan law, but also the individual
provider contracts themselves and the 1999 Settlement Agreement.
The Blue Care Network Case
In Michigan Association of
Chiropractors and Nicholas S. Griffith, DC, v. Blue Care Network of
Michigan, the MAC asserts that BCN has engaged in systematic
exclusion of DCs from its network, combined with a systematic
disapproval of out-of-network chiropractic care. The MAC further
asserts that BCN has engaged in discriminatory policies against
chiropractors in terms of access to patients by directing patients
seeking chiropractic services to treat with non-chiropractic
professions, by engaging in an open policy of non-referral to
chiropractic providers and by requiring referrals to DCs while not
requiring referrals to any other type of health provider. The MAC is
also asserting that BCN has further discriminated against DCs by
refusing to pay chiropractic providers for covered chiropractic
services while paying other medical professionals who have provided
the same service, as well as by limiting the number of services it
will reimburse when provided by chiropractors while not imposing a
similar limitation on other medical professionals providing the same
services.
In the coming months, look for important information from
the MAC on the lawsuits and class action requirements.
March 30, 2011
Ingham County Circuit Court Hears
"Class Action" Arguments!
Last week, Ingham
County Circuit Court Judge Paula Manderfield heard arguments on the
MAC's petition for class certification in our lawsuits against Blue
Cross Blue Shield of Michigan (BCBSM) and Blue Care Network (BCN). In
mid-November, the MAC submitted briefs in each lawsuit to determine
"class certification" - whether or not the MAC lawsuits will be
considered class action lawsuits and eligible for damages.
MAC attorney Rick
Gaffin expertly laid out the MAC's arguments on why certification
should be granted, and Judge Manderfield is taking the issue under
advisement. There is no timetable for her decision. As soon as we hear
anything from the court, we will notify you.
The BCBSM and BCN Lawsuits
For several years, Blue Cross Blue Shield of Michigan and Blue Care
Network have engaged in conduct that we believe has been
discriminatory toward doctors of chiropractic and our patients.
Following years of attempted negotiations and the pursuit of required
administrative remedies, the MAC Board of Directors directed our
attorneys to file the legal actions for damages, and declaratory and
injunctive relief against both Blue Care Network and Blue Cross Blue
Shield of Michigan.
The case against BCN, Michigan Association of Chiropractors and
Nicholas S. Griffith, DC, v. Blue Care Network of Michigan,
addresses the following: A limited DC network; the requirement that
patients seeking chiropractic care have a primary care physician
referral; and, the insurer not paying for all services that are
allowed by our current scope of practice in Michigan.
The case against BCBSM, Michigan Association of Chiropractors and
Toby A. Mitchell, DC, v. Blue Cross Blue Shield of Michigan,
addresses the following: Unlawful policies and procedures as they
relate to chiropractic; prior and continued breaches of the provider
and PPO contracts; a breach of contract as it relates to the 1999
settlement agreement; the improper interpretation of the scope of
chiropractic; the non-payment chiropractic services for which
reimbursement should be allowed; and, improper limitations on certain
chiropractic services which are currently covered.
In General - Class Action Lawsuits
In a potential class action lawsuit, the plaintiff (the party that
initiates the lawsuit) must file a motion requesting certification of
the case as a class action. The defendant (any party required to
answer the complaint of a plaintiff in a civil lawsuit) then files a
brief opposing class certification. The judge then certifies or denies
the class.
If the judge denies the class, the cases will
continue as individual lawsuits filed by the other plaintiffs (Dr.
Griffiths and Dr. Mitchell).
The judge could also certify the class, but only offer prospective
damages, rather than retroactive damages. Prospective damages
are future damages that can to a moderately sufficient extent or
degree be expected to occur. They are usually granted on the basis of
the facts pleaded and proved by the plaintiff. When prospective
damages are allowed to the injured party, they must be such as are in
reasonable contemplation of the parties and capable of being
ascertained with a reasonable degree of certainty. Retroactive
damages are applied for actions committed in the past.
March 2011
Get Involved in the Fight to Restore Chiropractic to
Medicaid!
Contact Your Lawmakers and Important Appropriations Committee
Leadership
The next few
weeks are a critical time in the MAC effort to restore chiropractic
care for adult patients in Michigan's Medicaid system. Michigan's
budget is currently the main focus of the legislature, and the House
and Senate Appropriations subcommittees - including those that deal
with the Department of Community Health (DCH) (Medicaid) budget -
are expected to report their respective budgets during the week of
April 11-15.
So, now is the time to contact your lawmakers and let them
know that their constituents support the reinstatement of
chiropractic coverage for adult patients in Medicaid.
It
is also time to contact the leaders of the important Appropriations
Committee and its DCH Subcommittees. These key lawmakers will
ultimately decide if chiropractic care is included.
These lawmakers include:
-
State Sen. Roger Kahn (R-Saginaw Township), Chair, Senate
Appropriations Committee
-
State Sen. Glenn Anderson (D-Westland), Minority Vice Chair,
Senate Appropriations
-
State Sen. John Moolenaar (R-Midland), Chair, Senate DCH
Appropriations Subcommittee
-
State Rep. Chuck Moss (R-Birmingham), Chair, House Appropriations
Committee
-
State Rep. Richard LeBlanc (D-Westland), Minority Vice Chair,
House Appropriations
-
State Rep. Matt Lori (R-Constantine), Chair, House DCH
Appropriations Subcommittee
The MAC has made it easy for
you to get involved in this critical fight! Just go to
www.chiromi.com, put your zip
code in the red, white, and blue "Write Your Legislators" box, and
"Take Action."
REMEMBER: We are asking you to contact both your lawmakers and
the leaders of the important House and Senate DCH Appropriations
Subcommittees. Be sure to click "Take Action" under both Part I and
Part II to send email messages to all of these important
legislators.
January 2011
Medicare
Announces New Fees,
Effective January 1, 2011
|
The Centers for Medicare & Medicaid Services
(CMS) has finally released the 2011 Medicare
Physician Fee Schedule.
EFFECTIVE JANUARY 1 - DECEMBER
31, 2011
Locality 01
(Macomb,
Oakland, Washtenaw, and Wayne counties)
|
|
Procedure
Code |
Par Amount |
Non-Par
Amount |
Limiting
Charge |
|
Non-Facility |
|
|
|
|
|
|
98940 |
$25.94 |
$24.64 |
$28.34 |
|
|
98941 |
$36.43 |
$34.61 |
$39.80 |
|
|
98942 |
$46.70 |
$44.37 |
$51.03 |
Locality 99
(All other
counties in Michigan)
|
|
Procedure
Code |
Par Amount |
Non-Par
Amount |
Limiting
Charge |
|
Non-Facility |
|
|
|
|
|
|
98940 |
$24.61 |
$23.38 |
$26.89 |
|
|
98941 |
$34.22 |
$32.51 |
$37.39 |
|
|
98942 |
$44.11 |
$41.90 |
$48.19 |
|
President Obama Signs the Preservation of Access to Care for
Medicare Beneficiaries and Pension Relief Act of 2010
2.2 Percent Medicare
Physician Fee Schedule Increase for June 1, 2010, Through November 30,
2010
Last Friday,
President Obama signed into law the "Preservation of Access to Care
for Medicare Beneficiaries and Pension Relief Act of 2010," which
establishes a 2.2 percent increase to the Medicare Physician Fee
Schedule (MPFS) payment rates retroactive from June 1 through November
30, 2010. The Centers for Medicare & Medicaid Services (CMS) has
directed Medicare claims administration contractors to discontinue
processing claims at the negative update rates and to temporarily hold
all claims for services rendered June 1, 2010, and later, until the
new 2.2 percent update rates are tested and loaded into the Medicare
contractors' claims processing systems.
Effective testing
of the new 2.2 percent update will ensure that claims are correctly
paid at the new rates. WPS Medicare expects to begin processing claims
at the new rates no later than July 1, 2010. Claims for services
rendered prior to June 1, 2010, will continue to be processed and paid
as usual.
Claims containing
June 2010 dates of service which have been paid at the negative update
rates will be reprocessed as soon as possible. Under current law,
Medicare payments to physicians and other providers paid under the
MPFS are based upon the lesser of the submitted charge on the claim or
the MPFS amount. Claims containing June dates of service that were
submitted with charges greater than or equal to the new 2.2 percent
update rates will be automatically reprocessed.
Affected
physicians/providers who submitted claims containing June dates of
service with charges less than the 2.2 percent update amount will need
to contact their local Medicare contractor to request an adjustment.
Submitted charges on claims cannot be altered without a request from
the physician/provider. Physicians/providers should not resubmit
claims already submitted to their Medicare contractor.
As of this
writing, the new Medicare fee schedule containing the 2.2 percent
increase has not been posted on the WPS Medicare website. As soon as
we receive it, we will send it out to you.
Source:
WPS Medicare,
www.wpsmedicare.com
February 25, 2009
Results
of the 2009 MAC Workers’ Compensation Survey
MAC Will Not Ignore Pattern of
Discriminatory Activity of Employers and WC Carriers
By: Dr. Donald Reno, MAC President
In late January, the MAC Weekly Review contained a survey regarding
Michigan’s workers’ compensation system – we specifically wanted to
gather information regarding chiropractic participation with workers’
comp and ways to increase this participation. The survey was developed
by MAC Board of Directors member Dr. Dennis Whitford of Mt. Pleasant,
our representative to the Workers’ Compensation Health Care Services
Advisory Committee. This important body is charged with reviewing
rules and regulations pertaining to health care benefits and services
under workers’ comp.
The results show that access to chiropractic care in Michigan’s
workers’ compensation system is sorely lacking. The results show:
73 percent of respondent doctors do not see as many Workers’ Comp
patients as they would like
93 percent would take on more Workers’ Comp cases if patients had
direct access to chiropractic services
63 percent have had a patient told by their employer, after the
“10-Day Rule” has expired,” not to see a chiropractor
51 percent have had a patient told by the workers’ comp carrier,
after the “10-Day Rule” has expired, not to see a chiropractor
73 percent have had trouble collecting from workers’ comp carriers
49 percent have had a patient told they do not have a work injury
because they have a pre-existing condition
51 percent have had a workers’ comp carrier deny a service based on
an arbitrary managed care fee/utilization schedule
On February 10, Dr. Whitford presented this information to the
Workers’ Compensation Health Care Services Advisory Committee. His
first suggestion was to mandate a notification of the workers’ comp
rules to all injured workers. Second, he let the Committee know that
the MAC is not going to let this pattern of discriminatory activity of
carriers continue.
As a result of Dr. Whitford’s efforts and the findings of this survey,
the State is now working with him to survey third-party payers on
their policies toward chiropractic care. The MAC is committed to
ending discrimination against doctors of chiropractic and their
patients.
If you have any additional evidence of discrimination by employers or
workers’ comp carriers, please fill out the MAC Insurance Complaint
Form, which can be found online at www.chiromi.com/insurance.
Attention DCs Who Bill
BCBSM for 97012 and Other Physical Medicine Codes!
In the May 2008
edition of the BCBSM Record, on page 31, the following appeared:
When billing chiropractic claims, include all required documentation.
Chiropractors who bill using procedure code *97012 and other physical
therapy codes must include the following in their documentation in
the patient record to be reimbursed for this service:
-
The device
used to apply the therapy
-
The location
of the therapy (for example, cervical, thoracic, or lumbar region of the
spine
-
The time of
treatment (duration of the treatment)
-
The medical
reasoning (for example, to reduce a disc bulge or reduce scarring)
Please
note: The documentation must be included in the patient record. It is
not necessary to send it with the claims.
* CPT codes,
descriptions and two-digit numeric modifiers only are © 2007 American
Medical Association. All rights reserved.
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