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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:

  1. Call (800) 873-4575 to obtain your Provider ID and Password
  2. 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:

 

  1. The class is so numerous that joinder of all members is impracticable

  2. There are questions of law or fact common to the members of the class that predominate over questions affecting only individual members

  3. The claims of the representative parties are typical of the claims of the class

  4. The representative parties will fairly and adequately assert and protect the interests of the class, and,

  5. 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.

 Michigan Association of Chiropractors
416 W. Ionia, Lansing, Michigan 48933 ● www.chiromi.com
(517) 367-2225 ● (800) 949-1401 ● Fax (517) 367-2228 ● Contact us

Sue Quinn Palin, Webmaster

First published - January 3, 2007       Last updated March 19, 2012 12:58:31 PM

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