NJSPS Monthly Newsletter
November, 2009
 

Important Dates
New Member Benefit
From the Third Party Payer Consultant
From the Legal Counsel

Asset Protection: Most Common Planning Mistakes and Oversights
23rd Annual Ellis Island Medal of Honor Ceremony Honors Reza Momeni, MD, of Summit Medical Group
 

Important Dates

2010 Annual Meeting
April 17, 2010
The Westin Princeton

2011 Annual Meeting
April 16, 2011
The Westin Princeton

More details to come!

New Member Benefit - The Third Party Insurance Help Program

NJSPS members are using this new member benefit - and loving
the results!!!! Try it yourself .....

"Dear Mr. McNally,
I can't thank you enough for your help in this matter. It makes things so much more clear right now and I have something to go by in the future. Thank you again and I am sure we will be in touch."
-an NJSPS member

Consistent with our commitment to being a true resource for plastic surgeons, the New Jersey Society of Plastic Surgeons is pleased to offer its members unlimited, free consulting assistance for problems or questions they encounter relating to third party payer matters beginning November 1, 2009. Assistance is not limited to Medicare issues, but includes all insurers, public and private.

The Third Party Insurance Help Program is expected to be one of the Society's' most popular member benefits and has helped hundreds of other physician specialists and their staff to become more efficient and effective in their billing practices.

Please obtain a copy of the Fax Back form Society website www.njsocietyofplasticsurg.org. If you have any related pertinent documents, such as denial letters, EOB forms, etc, send form, along with a copy of these materials by paper "snail mail" to

New Jersey Society of Plastic Surgeons
202 West State Street
Trenton, NJ 08608

Or fax to (609) 392-2664

In most cases, you will be contacted with a response within 24 hours of the time your inquiry is received.

Please note that only Society members in good standing are eligible to take advantage of this service, and membership status will be verified for all inquiries.

From the Third Party Payer Consultant....James McNally, CPC

Highmark Medicare Services Announces Important Information Regarding Upcoming Part B Provider Enrollment Activities

Over the course of the upcoming months there are several Provider Enrollment activities taking place under the direction of the Centers for Medicare & Medicaid Services (CMS) and Highmark Medicare Services.

As a result, HMS has published an article is to highlight those activities and outline potential impacts.

Please read the article at the web site link here carefully. It is critical that communications from HMS be answered in a timely manner. Otherwise, there could be severe consequences for your practice. Go to:

http:// www.highmarkmedicareservices.com/bulletins/partb/news10262009.html

For guidance on this issue, contact us through the Third Party Insurance Help Program.

CMS Revises 8551 and 8558 Enrollment Application Forms

The Centers for Medicare & Medicaid Services (CMS) has issued revised Medicare enrollment applications for physicians, non-physician practitioners and other suppliers (except DMEPOS suppliers) using the CMS-855B and/or the CMS-8551 to enroll or make a change in their enrollment information.

While Medicare contractors will continue to accept the 02/2008 version of the Medicare enrollment application through November 30, 2009, physicians, non-physician practitioners, and other suppliers should begin to use the new Medicare enrollment applications (i.e., "(02/2008) (EF 07/2009)") immediately.

Initially, these applications will be available only from the CMS provider enrollment website.

For more information on what has been revised, go to:

http://www.cms.hhs.gov/MLNMattersArticles/downloads/SE0924.pdf

You may also use the on-line PECOS system to enroll or make changes to your Medicare enrollment application.

BC/BS Laptop Loss May Compromise Personal Physician Data

The AMA has informed the physician community that a file containing identifying information for every physician in the country contracted with a Blues-affiliated insurance plan was on a laptop computer stolen from a BlueCross/BlueShield Association employee. It is not yet known whether any identity theft has resulted from the data breach.

The file included the name, address, tax identification number and national provider identifier number for about 850,000 doctors. Some 16% to 22% of those physicians listed - as many as 187,000 - used their Social Security numbers as a tax ID or NPI number.

The AMA has met with BlueCross/BlueShield Association to express our concerns and learn what steps are being taken to protect physicians in the wake of this information breach.

Based on information provided by BlueCross/BlueShield Association, the AMA posted the following message to physicians.

Subject: Blue Cross and Blue Shield Association Data Breach Alert
From: AMA President J. James Rohack, MD

You may have heard reports about a data breach at the Blue Cross and Blue Shield Association (BCBSA) involving provider identifiers. We are working with BCBSA to recommend steps that it can take to help mitigate the risk of identity theft resulting from this data breach.

The breach involved a data set containing names, addresses, taxpayer ID numbers, and NPI numbers of physicians and other health care professionals. The data is used in performing internal matching analyses to compare BCBS provider networks to the networks of other health plans for employer groups. Since some practitioners use their Social Security number as their taxpayer ID number, BCBSA is taking steps to protect these physicians.

It is important to understand that the identifying information was not the intended target of the theft. The data set was stored on a laptop that was stolen from a car, which was one of several cars in the immediate vicinity that were vandalized. There is no reason to believe that the thief intends to use the data to commit identity theft. However, as a precaution, BCBSA is offering credit monitoring services to those providers whose Social Security number was exposed.

Local BCBS Plans in each area are in the process of sending out notifications to affected physicians. If you receive a letter from your local BCBS Plan offering credit monitoring services, we encourage you to take advantage of those services that BCBSA is providing through Experian.

Utilizing these services will help BCBSA monitor trends to see if identity theft may be occurring as a result of the breach and could help locate the source of any such identity theft. If you have not been notified directly or if the letter you receive does not include the offer of such services, then it was determined that your Social Security number was not exposed.

We also encourage all physicians to be vigilant in protecting themselves from those who may try to use their identity as a physician to submit fraudulent prescriptions or fraudulent claims. If you receive any suspicious calls or reports erroneously suggesting that you have ordered or prescribed certain goods or services, you should follow up promptly, and notify your local BCBS plan immediately if you confirm that your identity has indeed been stolen.

If you have questions about the data breach, please contact your local BCBS Plan at their regular customer service number. AMA staff will continue to be in contact with BCBSA and will provide further information as it becomes available.

Alternatives Now Available to Access PQRI Feedback Reports

In the past, the only option for accessing PQRI Feedback Reports was via a secure Web Site after first registering in the Center for Medicare & Medicaid Services (CMS) security system known as the Individuals Authorized Access to CMS Computer Services (IACS).

As many physicians can attest, there was much confusion and many problems associated with this process.

As a result, CMS is introducing an alternative process whereby individual physicians can request their feedback reports based on their National Provider Identifier (NPI) by telephone.

As of October 19, 2009, individual physicians are able to call their carrier or MAC provider contact center to request feedback reports for their individual NPI.

Please note that requests for feedback reports based on Tax Identification Numbers (TINS) or by groups will still be required to access their PQRI Feedback Reports via a secure Web Site after first registering in IACS.

To read more, go to:

http://www.cms.hhs.gov/MLNMattersArticles/downloads/SE0922.pdf

As reported previously, it is anticipated that incentive payments for the 2008 Physician Quality Reporting Initiative (PQRI) will be made in October 2009 and 2007 PQRI re-run payments will be made in November 2009.

The incentive payments and feedback reports for 2009 will be available in 2010.

For guidance on this issue, contact us through the Third Party Insurance Help Program.

Legal Report...Kern Augustine Conroy & Schoppmann, P.C.

DOJ Aggressively Prosecutes Alleged Kickback & Stark Law Violations

The US Department of Justice (DOJ) has obtained settlements or verdicts in several recent cases resulting in the recovery of millions of dollars in penalties from physicians, healthcare facilities, and the pharmaceutical industry. In one case, the DOJ recovered $8.3 million dollars from UMDNJ to settle allegations that it paid kickbacks to cardiologists and submitted false claims to the Medicare program. The cardiologists involved settled with the US Attorney's office, were sued civilly, were criminally indicted or remain under investigation. Recently, Covenant Medical Center in Iowa agreed to pay $4.5 million to resolve allegations that it violated the Stark Law by engaging in inappropriate financial relationships with physicians who allegedly were compensated for their services at a rate significantly greater than fair market value. In another recent settlement, both a California hospital and its CEO paid significant sums to resolve allegations that the CEO personally negotiated financial arrangements with physicians, and directed improper payments to them, in violation of the Stark Law. Given the heightened focus by the DOJ on potential anti-kickback and Stark Law violations, physicians are strongly encouraged to examine all financial relationships pertaining to their practice for compliance with the law.

OIG 2010 Fiscal Year Work Plan Impacts Physician Practices

The Office of Inspector General (OIG) recently released its 2010 Fiscal Year Work Plan, outlining the areas where the OIG will focus its investigative efforts. In 2010, the OIG will review a broad spectrum of services and program activities including: (a) Part B billing for physician services provided to Medicare hospice beneficiaries; (b) Medicare incentive payments to health care professionals under the 2009 E-Prescribing Program; (c) Medicare payments for Part B imaging services; (d) outpatient physical therapy services; (e) Medicare payments for E&M services during global surgery periods; and (f) payments for services ordered or referred by excluded providers. A copy of the work plan is available at www.drlaw.com.

PIP Carrier's Lawsuit Dismissed

In an October 2009 decision in New Jersey Manufacturers Insurance Co. v. Bergen Ambulatory Surgery Center, the New Jersey Appellate Division affirmed a trial Court's Order dismissing a summary action filed by NJM in a PIP case. The suit sought extensive discovery from the surgery center, representing essentially all billing and payment information over a one-year period. NJM contended this discovery was necessary to determine if fees not included in the PIP fee schedule were "usual, customary and reasonable." The Appellate Division agreed with the trial Court's holding that such matters are properly decided in the PIP arbitration system, and not in the Courts.

2009 NJ Hospital Performance Report Released

The NJ Dept of Health & Senior Services has released the 2009 Hospital Performance Report which, for the first time, contains hospital-specific information on medical errors. Earlier this year, legislation was enacted requiring hospitals to publicly report medical errors using specific "patient safety indicators" developed by the federal Agency for Healthcare Research & Quality and requiring patient safety updates in each year's hospital performance report. NJ is one of the few states that allow the public to see this data. Statewide, New Jersey performed better than, or as well as, other US hospitals in 10 of 12 patient safety measures. However, results vary widely among hospitals and among the patient safety indicators for each hospital. The report is available at www.drlaw.com.

Asset Protection: Most Common Planning Mistakes and Oversights

As a financial planner whose practice specializes in working with physicians, I get the opportunity to meet with many doctors throughout the course of a year. This month I will continue to share with you some of the observations that I have made as a result of those meetings with a focus on the most common planning mistakes and oversights that relate to asset protection.

The greatest common denominator among the different areas of asset protection is ownership: who owns what and how. Your choice of ownership is where most mistakes occur.

The most common types of ownership for your primary residence are Joint Tenancy with Right of Survivorship (JTWROS) and Tenants in Common (TIC). In the event of a lawsuit neither of these types of ownership would afford you much, if any, protection from creditors. The best option for your primary home is Tenants by the Entireties. This is a type of joint ownership that is only available for a husband and wife. Each spouse if protected from the creditors of the other. This type of ownership has become the default ownership when purchasing a home in NJ. So if have purchased your home in the last 5 years or so you might already own your home this way.

The second best ownership option, and this is a distant second, is to own your home individually by the non-doctor spouse. Assuming that your spouse is not also in a career that is prone to lawsuits this strategy could work. However, individual ownership offers you no protection whatsoever if your spouse gets sued (car accident, etc.). If you choose this route I would strongly urge you to maximize your liability limits on your Auto, Home, and Umbrella policies.

Next month we will explore ownership asset protection strategies for your vacation home. If you have any questions or would like additional information please contact me at (877) 972-7900 or dvargo@varbeco.com.

David J. Vargo, CFP®, CMFC
President, Varbeco Wealth Management, LLC

23rd Annual Ellis Island Medal of Honor Ceremony Honors
Reza Momeni, MD, of Summit Medical Group

Ceremony Paid Tribute to American Citizens of Diverse Ethnic Origins Whose
Influence and Achievements Inspire and Touch the Lives of People Everywhere

The National Ethnic Coalition of Organizations (NECO) presented the 23rd Annual Ellis Island Medals of Honor on Ellis Island, Saturday, May 9, 2009 at 6 p.m. The ceremony was followed by the annual Gala Awards Dinner in the historic Great Hall.

Among the recipients of the distinguished award this year was Reza Momeni, MD, plastic and reconstructive surgeon with the Plastic Surgery Center at Summit Medical Group. Dr. Momeni was born in Iran and traveled with his parents on UN Missions to Afghanistan and Pakistan. As a young boy, he became interested in other cultures in general and in international humanitarian efforts in particular. He carried this enthusiasm for helping others throughout his life and into his professional career as a Plastic Reconstructive Surgeon.

At the age of 15, along with his family, he immigrated to the U.S., where he went on to graduate, magna cum laude, from Haverford College, and summa cum laude from the Medical College of Pennsylvania (now Drexel University School of Medicine), both in greater Philadelphia. During Dr. Momeni's residency training at Yale University, he became actively involved in international missions with the goal of providing free cleft surgery to children in poor or developing countries.

To date, he has traveled to Brazil, Columbia, Philippines, and China with numerous non-profit organizations, namely Smile Train, Healing the Children, and Changing Children's Lives. Dr. Momeni's upcoming plans include a mission to Ecuador and a trip to Nicaragua. Along with the dedicated members of these traveling teams, several hundred children have received much needed surgeries at no cost.

Each year since 1986, NECO - whose mission is to honor our diverse Past, to advocate for positive change in the Present, and to build strong leaders for the Future - has honored our nation's diverse past by sponsoring the Ellis Island Medals of Honor. The Ellis Island Medals of Honor annually pays tribute to the ancestry groups that comprise America's unique cultural mosaic. The Medals are presented on Ellis Island, in a dramatic ceremony, to American citizens of diverse origins for their outstanding contributions to their communities, their nation and the world.

According to Nasser J. Kazeminy, Chairman of NECO, "NECO is about investing in the power of caring, whereas people from all cultures and walks of life stand together arm in arm to make a real difference in our world through shared compassion and philanthropy - not just for now, but to also inspire future generations who will continue to preserve and build upon the legacy that each of our cultures has contributed. With our Medalists, we will see America - at its best. We will see every color, every race from so many walks of life - together - celebrating - the magic that is America. Our Medalists' influence and achievements truly inspire and touch the lives of people everywhere."

Past Ellis lsland Medal of Honor recipients include six Presidents of the United States, Nobel Prize winners, athletes, leaders of industry, artists and others whose work has made a lasting impact on humanity. They are awarded annually to outstanding American citizens, from all walks of life, who have distinguished themselves through their significant contributions to this country. The Ellis lsland Medal of Honor ranks among the nation's most prestigious awards. The U.S. Senate and House of Representatives have officially recognized the Ellis lsland Medals of Honor, and each year the recipients are listed in the Congressional Record. To date, more than 1,500 American citizens have received Ellis lsland Medals of Honor. One other Summit Medical Group physician, William A. Tansey, Ill, MD, cardiologist, was a recipient of the Ellis lsland Medal of Honor.

For further information about NECO and the Ellis lsland Medals of Honor, please visit: www.neco.org.

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