GEN: Medicare E&M Guidelines postponed

From: Geffrey H. Klein, MD (gklein@bcm.tmc.edu)
Wed Apr 29 22:15:55 1998


I got this from the Texas Medical Association.

FYI:

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From: "TMA Info" <TMAInfo@list.texmed.org> To: <webmaster@texmed.org> Subject: TMA: Medicare E&M Guidelines postponed Date: Wed, 29 Apr 1998 17:46:36 -0500 MIME-Version: 1.0 X-Priority: 3 X-MSMail-Priority: Normal X-MimeOLE: Produced By Microsoft MimeOLE V4.72.3007.0

Dear Texas Medical Association member:

Thanks to the strongly voiced concerns of TMA, Texas physicians, and physicians and medical societies around the country, the Health Care Financing Administration has announced an indefinite delay in the enforcement of the onerous 1997 Documentation Guidelines for Medicare Evaluation and Management (E&M) Services. Physicians may continue to use either the 1995 or the 1997 guidelines until further notice. The guidelines had been scheduled to take effect on July 1, 1998.

"I have heard that ... physicians believe the new guidelines will divert too much physician time and attention from patient care to paperwork, " said HCFA Administrator Nancy-Ann Min DeParle. "I believe we can and must work together to improve the guidelines so they do not impose requirements in excess of those associated with clinically appropriate medical record-keeping practices."

The E&M Guidelines are broken. The TMA House of Delegates voted last week to "take all necessary steps" to oppose their implementation. TMA will continue to work with member physicians and HCFA to fix them.

For details, see the May edition of Action, the TMA newsletter, or log on to the TMA Web site at http://www.texmed.org.

In related news, HCFA Administrator DeParle said that physicians will not be prosecuted for innocent coding errors.

"Sanctions are intended for physicians who act in 'deliberate ignorance' or with 'reckless disregard' of the truth or falsity of information," she said. "For criminal penalties, the standard is that the provider had 'knowing and willful' intent to defraud the government."

In accordance with the House of Delegates' action, TMA will closely monitor the government's fraud and abuse operations and "use all available means to ensure that the burden of proof for fraud and abuse be that of the government."

If you have any questions about the E&M Guidelines or about fraud and abuse activities, please contact Rich Johnson, Director of the Division of Medical Economics, at rich_j@texmed.org. To order a copy of TMA's home study course on the E&M Guidelines, contact Heather Cusack of TMA's Practice Management Services Department, at heather_c@texmed.org.

If you have any questions, comments or concerns about TMA's use of e-mail to communicate with member physicians, please let me know by responding to this message.

Sincerely,

Steve Levine Director of Communication Texas Medical Association April 29, 1998

---------------------------------- Geffrey H. Klein, MD ---------------------------------- gklein@bcm.tmc.edu

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