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Medicare program; additional supplier standards--HCFA. Proposed rule.

This proposed rule would establish additional standards for an entity to qualify as a Medicare supplier for purposes of submitting claims for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). This proposed rule would establish additional standards that must be satisfied before a DMEPOS supplier could receive payment from the Medicare program. The Social Security Act Amendments of 1994 require that a DMEPOS supplier meet standards related to compliance with State and Federal licensure requirements, maintaining a physical facility on an appropriate site, proof of appropriate liability insurance, and other standards the Secretary may specify.

Aged↗

Conducting forensic examinations on the road: are you practicing your profession without a license?

Psychiatrists and other mental health professionals retained in civil or criminal litigation are frequently required to travel to a state in which they are not licensed to perform assessments and offer testimony. Adverse professional and legal consequences may await the unwary peripatetic forensic expert. Failure to address local practice requirements may result in disqualification to testify as well as civil and criminal liability, professional disciplinary action, and denial of liability insurance coverage. In this article, the authors address preventative measures to avoid charges of practicing without a license when the forensic expert crosses state lines.

Expert Testimony↗

Status of clinical affiliation agreements: report on a national study.

During spring 1977, a survey of all accredited college based educational programs in 11 allied health disciplines was conducted to assess the nature and content of affiliation agreements, attitudes toward affiliation agreements and the extent to which clinical facilities are being reimbursed by academic institutions for providing clinical instruction. This paper summarizes the data across the 11 disciplines. In contrast to prior research, the formal contract emerges as the most frequently used form of agreement. Specific rights and responsibilities of academic and clinical educators, including personal and professional liability insurance, are delineated. Student rights and responsibilities receive less attention. Eight percent of respondents are charged an overall fee for use of clinical facilities; an additional 32% feel that payment may be required in the future. Recommendations include provision for increased attention to student rights and responsibilities and for legal counsel in developing affiliation agreements.

Contract Services↗

Minimizing antitrust and corporate liability risks.

To avoid antitrust problems, health care organizations must conduct a fair hearing on decisions related to physicians' staff appointment or privileges. To win such litigation, the physician must show some effect on interstate commerce and prove a conspiracy. These cases are usually reviewed not as a per se violation (in which motives and other relative factors are not considered) but under the rule of reason test--that is, the court considers whether the action was more procompetitive or anticompetitive. Hospitals can protect themselves by using admission criteria related to their interests and excluding potential competitors from staffing decisions. Hospitals that are underused, are geographically isolated, or offer unique services will have the least latitude in staffing decisions. Physicians getting together to agree on charges constitutes price fixing--a per se violation. Preferred provider organizations can avoid price fixing by using the "messenger" or "supermessenger" approach to negotiating payment, in which they relay information between individual physicians and the payer. Having an outside committee establish the fee is another possibility. To minimize antitrust concerns, joint ventures should include pooling of capital, shared risk, enhanced competitive pressure, and efficiencies and economies of scale. In malpractice suits, hospitals--including their boards of trustees--are liable for the actions of their physicians. Boards must exercise their ultimate authority for staffing decisions. More malpractice cases are arising and awards are increasing in U.S. society, while at the same time companies that offered liability insurance are withdrawing from the market.(ABSTRACT TRUNCATED AT 250 WORDS)

Economic Competition↗

Improving the bottom line. Strategies for diversification.

Prospective pricing is on the rise. Operating surpluses have vanished. Cash flow has become a trickle. Credit ratings have been reduced. The cost of liability insurance has gone through the overhead. Regulatory red tape is strangling creativity. There aren't enough nurses, money or hours in the day to deal with all the problems. Why would anyone in his right mind want to run a hospital?

Financial Management↗

Unexpected cardiac arrest during anesthesia and surgery. An environmental study.

Medical and legal records of 41 cases of cardiac arrest that occurred during surgery were supplied by a professional liability insurance company and a review was undertaken in an attempt to identify recurring or common factors. The majority of patients in this study were healthy and required relatively routine elective surgical procedures. Only three of the patients survived the cardiac arrest and returned to normal activities. The remaining patients either died in the hospital or had a major central nervous system deficit. Hypoxia from hypoventilation and low levels of inspired oxygen appeared to be the chief cause of cardiac arrest in this study. Because of the unknown frequency of cardiac arrest during surgery, we recommend the establishment of a national registry of cardiac arrest cases that occur in surgical patients, in order to monitor incidence, causes, and outcome. Only in this way will it be possible to lessen the frequency of this disastrous event.

Anesthesia↗

The pros and cons of genetic testing for breast and ovarian cancer risk.

Nearly 10% of breast and ovarian cancers develop as a direct consequence of an inherited flaw in the genes BRCA1 and BRCA2. The protein products of these genes suppress the development of cancer, in part by repairing damage in other genes. Women who inherit a nonfunctioning copy of either BRCA1 or BRCA2 therefore have a significantly elevated lifetime risk of breast cancer, especially at an early age. Identification of hereditary breast and ovarian cancer susceptibility allows optimized medical management of an individual's increased risk of breast and ovarian cancer. Significantly, testing may also identify women in "high-risk" families who did not themselves inherit cancer susceptibility, allowing them to avoid unnecessary medical intervention. Choosing to be tested for breast and ovarian cancer risk is a complicated task, however. It takes into account concerns about insurance liability, family dynamics, and an individual's psychological needs. From the limited research, evidence suggests that for individuals in high-risk families it is more beneficial to know than not to know one's genetic status. Education and counseling may improve public perception about genetic testing for breast cancer.

Breast Neoplasms↗

Finance issue brief: comprehensive consumer rights bills.

State lawmakers are aggressively enacting legislation that--depending on the perspective--either regulates managed care or provides for consumer protections. More than half the states have adopted a "Patient Bill of Rights." These new laws address the entire range of managed care issues, including, but not limited to, provider access, bans on gag clauses, consumer grievance procedures, direct access, disclosure, provider credentialing, medical records, insurer liability, solvency, drug formularies, certification and, in some cases, a point-of-service option.

Consumer Advocacy↗

Quality assurance and risk management: a survey of dental schools and recommendations for integrated program management.

Quality assurance (QA) and risk management (RM) programs are intended to improve patient care, meet accreditation standards, and ensure compliance with liability insurance policies. The purpose of this project was to obtain and disseminate information on whether dental schools integrate QA and RM and what mechanisms have been most effective in measuring accomplishments in these programs. All sixty-five U.S. and Canadian dental schools were sent a twenty-nine-item survey, and forty-six (71 percent) schools responded. The main findings are as follows: 66 percent had a written QA program combined with a QA committee; 95 percent received administrative support; there was wide variation in the makeup of the QA committee; many institutions reported significant changes resulting from the QA program; and over half of the respondents merged QA and RM in some fashion. To develop or maintain an effective QA/RM program, the authors propose the following: obtain active support from the dean; develop goals and mission/vision statements; include trained personnel on the committee; establish wide levels of involvement in the QA program; develop QA measurements to ensure compliance with institutionally developed standards of patient care; and establish continuous cycles of improvement.

Canada↗

Impact of the limited generalist (no hospital, no procedures) model on the viability of family practice training.

BACKGROUND: Some doubt the desirability and cost-effectiveness of continuing to provide an expanded scope of primary care practice. Additionally, there has been concern about declining reimbursement from Medicaid and Medicare. Although an expanded scope of patient care services are required for training, we wanted to determine whether these services drain resources and time from other primary care activities. METHODS: To determine the financial impact of deleting services other than office visits from an urban primary care practice, we tabulated charges, economic case mix, and actual collections during 12 consecutive months. Using regional and national norms, the practice set charges for hospital services, office visits, and procedures at approximately 50th percentile as a maximum. Common diagnostic and therapeutic procedures were tabulated, and gross charges per item per year were tabulated. To validate net collection predictions for a predominately TennCare (Medicaid) practice and compare these with projected net collections from private practice, charges were compared with projected collections using two expectations (40% net and 80% net). Overall collections were projected and then compared with actual collection. For hospital services and office procedures, costs were attributed to equipment, training, liability insurance, and lost opportunity for office visits. The setting was an urban family practice teaching program providing hospital services, hospital deliveries, newborn care, office visits, and a variety of office procedures. There were 30,262 office visits, 510 non-pregnant hospitalizations, 252 deliveries, 1,352 office radiographs, and a variety of common office-based diagnostic and therapeutic procedures, such as electrocardiograms (408), skin surgeries (265), gastrointestinal endoscopies (306), diagnostic obstetric sonograms (525), non-stress tests (95), and colposcopy (161). The main outcome measures were the financial values calculated after subtracting costs for hospitalist services, office visits, and procedures. RESULTS: After lost opportunities for office visits are deducted, hospital services created positive revenue ranging from $167,306 to $340,612, depending on the net collection scenario chosen (ie, worst case versus best case). CONCLUSIONS: Revenue was adequate for reimbursement of equipment, staff, and physician time in either case. For procedural activities in the office, there was a net gain of $372,974 in charges once opportunities for lost office visits were deducted. Even within the 40% net collection scenario, revenue was more than adequate to pay for overhead and equipment. For this practice with 84% Medicaid-Medicare accounts, projected collections of 40% underestimated slightly the actual net revenue.

Clinical Competence↗