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10/30/2014 1 The London CIA Sharon Hager, JD Heather Lovelace, MBA, CHC November 7, 2014 / Objectives To increase knowledge of the Saint Joseph London (SJL) Corporate Integrity Agreement (CIA), specifically: Who is impacted What it is and what obligations are required When it was effective Where it is applicable Why it is being implemented How long it is effective What has to be done to operationalize it To increase understanding of the alleged issues that led to the CIA and how to identify potential matters in other facilities To provide compliance leaders with lessons learned and increase understanding of risk mitigation efforts to prevent a CIA The London CIA 2

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10/30/2014

1

The London CIA

Sharon Hager, JD

Heather Lovelace, MBA, CHC

November 7, 2014

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Objectives

• To increase knowledge of the Saint Joseph London (SJL) Corporate

Integrity Agreement (CIA), specifically:

• Who is impacted

• What it is and what obligations are required

• When it was effective

• Where it is applicable

• Why it is being implemented

• How long it is effective

• What has to be done to operationalize it

• To increase understanding of the alleged issues that led to the CIA

and how to identify potential matters in other facilities

• To provide compliance leaders with lessons learned and increase

understanding of risk mitigation efforts to prevent a CIA

The London CIA 2

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History

• Initial investigation by SJL

• SJL self-disclosure to

government

• Whistleblower case filed

• Ensuing criminal and civil

government investigations

• Litigation

The London CIA 3

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Settlement with the Government

• Effective January 22, 2014

• $16.5 million plus $295,000 in relators’ fees

• Resulted in the U.S. Department of Justice resolving all potential

civil claims brought, or that could have been brought, by the

federal government or the state of Kentucky arising out of the

past relationship with some cardiologists who no longer practice

at the hospital

• Agreement was reached without admission of a violation of the

law, in order to avoid the expense and uncertainty of prolonged

litigation

The London CIA 4

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/ The London CIA 5

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What is a CIA?

• A negotiation between the U.S. Department of Health and Human

Services Office of Inspector General (OIG) and health care

providers as part of a settlement of investigations arising under

civil false claims statutes

• The health care provider consents to rigorous standards set forth

by the OIG

• The OIG agrees not to exclude the health care provider from

participation in Medicare, Medicaid and other federal health care

programs

• More information is available at:

http://oig.hhs.gov/compliance/corporate-integrity-

agreements/index.asp

The London CIA 6

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Comparing CIAs

• CIAs have many common elements, but each one addresses the

specific facts at issue

• CIA requirements are often tailored to accommodate and

recognize many of the elements of preexisting voluntary

compliance programs

• Some CIAs include language to have an outside consultant

monitor and mentor compliance; others are more quality-focused

The London CIA 7

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CIA Terms

• Effective January 22, 2014

• Five-year term

• “Covered Persons” include:

• All owners, officers, directors, and employees of SJL; and

• All contractors, subcontractors, agents, and other persons who

provide patient care items or services or who perform billing or

coding functions on behalf of SJL

The London CIA 8

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CIA Overview

• Many board, administrative, compliance, education, policy,

independent review and other requirements

• Emphasis on compliance, peer review, quality, cardiac procedures,

cardiac surgeries, focused arrangements, and unallowable costs

• Will result in additional costs for each year of the five-year term

The London CIA 9

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Managing a CIA

• Compliance Officer

• Compliance Committee

• Board review and oversight of the compliance program and CIA

• Must meet quarterly

• Must adopt resolution annually signed by each member of the

board summarizing its review and oversight of the CIA and

other requirements

• Physician Executive

• Medical Director of the Cardiac Catheterization Lab

The London CIA 10

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CIA Standards

• Code of Conduct

• Policies and Procedures

• Documentation of medical records

• Quality assessment and performance improvement

• Medical staff peer review

• Medical staff credentialing and privileging

• Management and oversight of cardiac cath lab

• Management and oversight of cardiac surgeries

• Anti-kickback and Stark

The London CIA 11

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CIA Training

• General Training

• CIA requirements

• Compliance program

• Code of Conduct

• Specific Training

• Arrangements Training

• Board Training

• All Covered Persons must receive the applicable training within 30

days of becoming a member or within 90 days of the effective

date of the CIA

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CIA Oversight

• Engagements are required with:

• Peer Review Consultant

• Four Independent Review Organizations (IROs)

• Cardiac Procedures

• Cardiac Surgeries

• Arrangements

• Unallowable Costs

The London CIA 13

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CIA Peer Review Consultant

• Be engaged within 60 days of the CIA effective date

• Evaluate processes related to medical staff peer review, medical

staff credentialing and privileging, and medical staff training and

discipline

• Report findings and recommendations to SJL and the OIG

• Assist in implementation of recommendations

• Monitor peer review recommendations and report findings to OIG

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CIA Independent Review Organizations

• Cardiac Procedures

• Cardiac Surgeries

• Arrangements

• Unallowable Costs

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CIA Independent Review Organizations

• Be engaged each year of the five-year term

• Be engaged within 90 days of the CIA effective date

• Have expertise in medical necessity and appropriateness of

interventional cardiac procedures and established practice

guidelines of the American College of Cardiology

• Evaluate and analyze medical necessity of interventional cardiac

procedures

• File an annual report with the federal government

Cardiac Procedures

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CIA Independent Review Organizations

• Will sample 50 interventional cardiac procedures performed at SJL

and review for:

• Appropriateness of case selection

• Quality of procedure execution

• Proper response to intra-procedural problems

• Accurate assessment of procedure outcome

• Appropriateness of procedure management

Cardiac Procedures

The London CIA 17

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CIA Independent Review Organizations

• Interventional cardiac procedures are defined as Percutaneous

Coronary Interventions (PCI), including but not limited to:

• Diagnostic cardiac catheterizations

• Percutaneous transluminal coronary angioplasties (PTCA)

• Balloon angioplasties

• Implantation of intracoronary stenting

• Any implantation of temporary or permanent pacemaker

devices

Cardiac Procedures

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CIA Independent Review Organizations

• Be engaged each year of the five-year term

• Be engaged within 90 days of the CIA effective date

• Have expertise in medical necessity and appropriateness of

cardiac surgeries

• File an annual report with the federal government

Cardiac Surgeries

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CIA Independent Review Organizations

• Will sample 50 cardiac surgeries performed at SJL and review for:

• Appropriateness of case selection

• Quality of procedure execution

• Proper response time to intra-procedural problems

• Accurate assessment of procedure outcome

• Appropriateness of procedure management

• Cardiac surgeries are defined as coronary artery bypass graft

surgeries (CABGs)

Cardiac Surgeries

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CIA Independent Review Organizations

• Be engaged each year of the five-year term

• Be engaged within 90 days of the CIA effective date

• Have expertise in the requirements of the federal Stark Law and

Anti-Kickback Statute

• File an annual report with the federal government

Arrangements

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CIA Independent Review Organizations

• Will review systems, processes, policies, and procedures:

• Relating to the initiation, review, approval, and tracking of

Arrangements

• With respect to creating and maintaining a centralized tracking

system for all existing and new Focused Arrangements

• For tracking remuneration to and from all parties to Focused

Arrangements

• For tracking service and activity logs to ensure the parties to

the Focused Arrangements are performing the services

required

Arrangements

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CIA Independent Review Organizations

• Will review systems, processes, policies, and procedures:

• Monitoring the use of leased space, medical supplies, medical

devices, equipment, and other patient care items consistent

with the terms of the Focused Arrangement

• Initiating Arrangements and that the business rationale/need is

specified

• For the internal review and approval of Arrangements

Arrangements

The London CIA 23

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CIA Independent Review Organizations

• Will assess the Compliance Officer’s quarterly review of, and

reporting to, the Compliance Committee on:

• The Focused Arrangements Tracking System

• Review and approval process

• Other policies and procedures

• Review systems, policies, processes, and procedures for

implementing effective responses when suspected violations of

the Anti-Kickback Statute and Stark Law are discovered, including

disclosing Reportable Events and quantifying and repaying

overpayments when appropriate

Arrangements

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CIA Independent Review Organizations

• Will randomly select 50 Focused Arrangements at SJL and review

to determine whether:

• SJL has complied with the requirements

• The Focused Arrangement:

• Is in the centralized tracking system

• Was subject to the internal review and approval process

• The remuneration was tracked

Arrangements

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CIA Independent Review Organizations

• Be engaged for each year of the five-year term

• Be engaged within 90 days of the CIA effective date

• Have expertise in the cost reporting requirements of SJL

• Review whether SJL has not charged to or sought payment from

federal or state payers for unallowable costs under the CIA and

settlement agreement

• Report its findings to OIG annually

• Typically is an accounting or audit firm

Unallowable Costs

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Early IRO Recommendations

• Personnel changes

• Restructure Quality Department

• Changes to composition of Credentials, Medical Staff Quality

Improvement Committee (MSQIC), and Medical Executive

Committee (MEC)

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Other CIA Requirements

• New or renewed agreements

• Each party that meets the definition of a Covered Person must

complete Arrangements training, receive a copy of Code of

Conduct, Stark and Anti-Kickback policies

• Must include certification by the parties that they shall not

violate the Stark Law or Anti-Kickback statute with respect to

the arrangement

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Other CIA Requirements

• Within 90 days of the effective date, establish a Disclosure

Program (toll-free compliance hotline) and maintain a disclosure

log

• Within 30 days of discovery, SJL must notify OIG of any

investigation or legal proceeding involving allegations that SJL has

committed a crime or engaged in fraud

• Within 60 days of identification, SJL must repay any overpayments

to the appropriate payer

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CIA Reportable Events

• Must notify OIG within 30 days of a reportable event:

• Substantial overpayment

• Violation of law

• Employment or contracting with an Ineligible Person

• Quality violation that results in imminent danger to health,

safety, or well-being of a health care program beneficiary

• Filing bankruptcy

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CIA – Changes to Business Units

• Within 30 days prior to the effective date, SJL must notify OIG of

any sale of its business, business units, or locations

• Within 30 days of the effective date, SJL must notify OIG of any

changes of locations or closures of business, business units, or

location related to furnishing of items or services that may be

reimbursed by federal health care programs

• At least 30 days prior to the effective date, SJL must notify OIG of

the purchase or establishment of new businesses, business units,

or locations

The London CIA 31

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CIA – Reports

• Implementation Report

• Due to OIG within 120 days of

effective date

• Provides detailed summary of

work completed during first 90

days

The London CIA 32

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CIA – Reports

• Annual Report

• Due to OIG on March 22nd of each year beginning in 2015 and

ending in 2019

• Provides overview of status and findings of the IROs, all

compliance activities, and a detailed summary of work

completed for each year

The London CIA 33

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Costs of the Investigation

• Some of the costs incurred throughout this process include:

• Self-disclosure and initial payment

• Outside physician expert review

• Outside legal fees

• Local, system, and national staff and leadership time

• Financial, relationship, and reputational harm

• Civil litigation

• Leadership turnover

• Unwind current physician agreements

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CIA – Costs Post-Settlement

• Additional annual costs incurred by the facility in order to comply

with the requirements of the CIA include:

• Peer Review Consultant

• IROs

• Cath Lab Medical Director

• Half-time CMO

• Full-time Compliance Officer and expenses

• Education/training

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Negative Publicity

The London CIA 36

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Other Regulatory Considerations

• Ongoing

government

scrutiny

• Ongoing

litigation

• Significant

monetary

penalties daily

for non-

compliance with

CIA and potential

exclusion

The London CIA 37

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Lesson Learned

• If something sounds too good to be true, it probably is (i.e., high

revenue from a service line)

• Expand data mining when looking for outliers

• Include medical necessity reviews as part of compliance

monitoring for high volume physicians

• Conduct thorough due diligence when acquiring physician

practices and include medical necessity reviews of specialists

• Don’t be afraid to walk away from a deal

• Make sure what is on paper is being practiced

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Risk Mitigation Efforts

• Centralization and standardization of compliance

• Compliance at the leadership table

• Data analytics and monitoring

• Due diligence

• Peer review

• Automation and standardization of the conflicts of interest

process

• Adherence to medical necessity criteria policy

The London CIA 39

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Risk Mitigation Efforts

• Medical necessity/clinical appropriateness reviews

• Physician contracting and review procedures

• Physician compensation standards and review committee

• Non-monetary compensation database

• Physician-owned entity policy

• Disclosure of payments from business sources

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Questions

Sharon Hager, JD

Vice President and General Counsel

Catholic Health Initiatives

[email protected]

(502) 569-7974

Heather Lovelace, MBA, CHC

Corporate Responsibility Officer

Catholic Health Initiatives

[email protected]

(606) 330-6771

The London CIA 41