In 2010, the Missouri Department of Health and Senior Services (DHSS) established a pilot project for In-Home Services (IHS) and Consumer-Directed Services (CDS) providers to test the implementation of electronic telephone tracking systems, also known as Telephony.  Participation in the program, at that time, was voluntary.

 

On July 1, 2015, the telephone tracking system became a requirement by law, for IHS and CDS providers.  Residential Care Facilities, Assisted Living Facilities, and Adult Day Centers are not required to use telephony.  The telephony requirements for IHS providers are found at RSMo 660.023.1.  The requirements for CDS providers are found at RSMo 208.909.1.   Theses statutes define specific requirements that a telephony system must meet, in order to be implemented by an IHS or CDS provider.  They say, at a minimum, the telephone tracking system shall:

 

Record the exact date services are delivered. Record the exact time the services begin and the exact time the services end. Verify the telephone number from which the services were registered. Verify that the number from which the call is placed is a telephone number unique to the client. Require a personal identification number unique to each personal care attendant. Be capable of producing reports or services delivered, tasks performed, client identity, beginning and ending times of service, and date of service in summary fashion that constitutes adequate documentation of services.

 

For IHS, the system shall also be used to process payroll for employees and for submitting claims for reimbursement to the MO HealthNet division.    For CDS, the system shall also be capable of producing reimbursement requests for consumer approval that assures accuracy and compliance with program expectations for both the consumer and vendor.

 

DHSS, Division of Senior and Disability Services (DSDS) published a state regulation entitled, “Electronic Visit Verification”.  This rule further explains the telephony requirements.  It states that the system may be telephone and computer-based (telephony), or the system may utilize some other form of electronic technology (EVV).  In addition, DSDS published Policy Clarification Questions and Answers.   This Q&A addresses several categories of  questions for Home and Community Bases Providers including Telephony/EVV.

 

Missouri Medicaid Audit and Compliance (MMAC) has published website posts regarding telephony in September 2014, June 2015, July 2015, and August 2015.  The August 2015 post provides a Telephony Tool for IHS and CDS providers.  This tool supplies providers with questions to ask potential telephony or EVV vendors, in order to help ensure the vendors’ systems meet the necessary requirements.

 

It is important for providers to know that small companies are not exempt from the telephony requirement.  On July 1, 2016, the telephony statutes will have been in effect for one year.  MMAC encourages providers to ensure they are compliant with the laws and regulation, to avoid possible sanctions.  Telephony is a requirement to be an IHS or CDS provider.

 

Please contact MMAC at mmac.ihscontracts@dss.mo.gov with any questions.

The Deficit Reduction Act of 2005 (DRA) requires states to collect rebates for certain drugs.  In order to collect accurate data for the rebate process, all incorrectly billed pharmacy claims must be corrected in the Medicaid billing system so accurate drugs and quantities are reported.  Therefore, providers who wish to self-disclose incorrectly billed pharmacy claims to Missouri Medicaid Audit and Compliance (MMAC) are asked to not submit a check.

 

Instead, the claim number(s) (ICN) should be reported on the self-disclosure form along with a clear explanation of the error; MMAC staff will then correct the claim(s) in the billing system and the correction will show up as such on the corresponding Remittance Advice (RA).  Click here to access the self-disclosure form.  If you have any questions, please contact MMAC at mmac.providerreview@dss.mo.gov

As reported in a previous gov.delivery message by Missouri Medicaid Audit and Compliance (MMAC), HMS will soon begin conducting credit balance audits on behalf of the Missouri Department of Social Services, MO HealthNet Division, (MHD) and MMAC. Click here to view the original message and website post.

 

When your long-term care facility is scheduled for an audit, MMAC will send a letter notifying you, before you receive any correspondence from HMS.  MMAC will also notify the Missouri Health Care Association and LeadingAge Missouri.  Long-term care facilities can expect to begin receiving letter regarding the credit balance audits after May 1, 2016.

 

Long-term care facility audits will be Medicaid-specific, and will be “desk audits”, where HMS will request that you send them information.  This means HMS will not come on-site to conduct the audit.

 

Providers will all have the opportunity for an entrance and exit conference, and MMAC and HMS will provide contact information for any questions, comments, or concerns that providers may have.

 

HMS has prepared its initial schedule for long-term care facility audits.

 

Review Start Date Provider Name 6/1/2013 BLUFFS (THE) 6/1/2013 GIDEON CARE CENTER 6/1/2013 GOWER CONVALESCENT CENTER 6/1/2013 LAVERNA VILLAGE OF ST JOSEPH 6/1/2013 LUTHERAN SENIOR SERVICES 6/1/2013 MARY QUEEN AND MOTHER CENTER 6/1/2013 MILAN HEALTH CARE CENTER 6/1/2013 VILLA MARIE-A STONEBRIGDE COMMUNITY 6/1/2013 VILLAGES OF JACKSON CREEK, THE 6/1/2013 WESTWOOD HILLS HEALTH & REHABILITATION C

 

If you have any questions, please contact MMAC at tricia.smith@dss.mo.gov

 

As reported in a previous gov.delivery message by Missouri Medicaid Audit and Compliance (MMAC), HMS will soon begin conducting credit balance audits on behalf of the Missouri Department of Social Services, MO HealthNet Division, (MHD) and MMAC. Click here to view the original message and website post.

 

When your hospital is scheduled for an audit, MMAC will send a letter notifying you, before you receive any correspondence from HMS.  MMAC will also notify the Missouri Hospital Association. Hospitals can expect to begin receiving letters regarding the credit balance audits after May 1, 2016.

 

Hospital audits will be Medicaid-specific, and may be desk audits, where HMS will request that you send them information; or, the audits may be completed on-site.

 

Providers will all have the opportunity for an entrance and exit conference, and MMAC and HMS will provide contact information for any questions, comments, or concerns that providers may have.

 

HMS has prepared its initial schedule for hospital credit balance audits.  Click here to view the schedule.

 

If you have any questions, please contact MMAC at tricia.smith@dss.mo.gov

What are Home and Community-Based Setting Requirements?

 

The Centers for Medicare & Medicaid Services (CMS) published a final rule to enhance the quality of Home and Community-Based Services (HCBS) and to provide protections for participants.  The rule, or “setting requirements” makes sure individuals receiving HCBS have full access to the benefits of community living and have the opportunity to receive services in the most integrated and still appropriate type of setting.

 

Missouri, like other states, is in a transition period, during which the state agencies will assess the HCBS programs, and the rules and regulations that govern the programs, to ensure services will be delivered in settings that meet the new requirements.

 

The Missouri Medicaid Audit and Compliance Unit (MMAC) is participating in the state’s transition plan and transition activities in the following ways:

 

MMAC conducted on-site visits of all the Adult Day Care and AIDS Waiver locations, and completed HCBS surveys with those providers.  You can access the report here.

 

 

MMAC will include the HCBS surveys in future pre-enrollment site visits and provider revalidation site-visits, for all HCBS providers.  This means MMAC personnel will go over the survey with you and give you the opportunity to ask questions and discover where you may need to make improvements in order to be compliant in the future when these requirements take effect.  The state is expected to promulgate rules that will require providers to be compliant with the new setting requirements.

 

MMAC will include the survey in future audits and investigations of HCBS providers to ensure we continue to monitor the locations for the new setting requirements as well. Auditors will provide you with the survey and go over it with you.  Investigators may be on-site in consumers’ and participants’ homes and will verify the services are being delivered in the most integrated and still appropriate setting.

 

MMAC will also provide education and information about the new setting requirements to all HCBS providers at Provider Update Training and Designated Manager Training.

 

MMAC is not citing any errors or violations at this time.  This is a transition time.  MMAC will give information about the new setting requirements and how to achieve compliance.  In the future, MMAC will inform providers about any new regulatory language that will require them to become compliant or face possible sanctions.

 

MMAC is also giving providers the opportunity to complete an annual self-assessment. In the future, MMAC will inform providers about any new regulatory language that will require them to complete the annual self-assessment or face possible sanctions.  Click here for the Annual Self-Assessment.

 

What else do providers need to know?

 

See below for links to the full content of the final rule, including all the requirements.  Some highlights:

 

Home and Community-Based settings will be expected to be integrated in the community, and support access to the greater community.

 

The HCBS setting should also provide opportunities to seek employment and work in competitive integrated settings, engage in community life, and control personal resources.

 

The HCBS setting should ensure the participant’s or consumer’s rights of privacy, dignity, respect, and freedom from coercion and restraint.

 

Participants and consumers should be able to have visitors at any time.

 

The setting should be physically accessible to the participants and consumers.

 

Additional Resources:

 

Click here to see a PowerPoint presentation of the final rule and the new requirements.

 

Click here to be directed to the MO HealthNet Division’s webpage where you can access the state’s Transition Plan, Transition Plan Summary, and Settings Analysis (see Alerts and Notifications).

 

Click here to see more information about Home & Community Based Services, including the final rule, and questions and answers at Medicaid.gov.

Credit balances on patient accounts occur for a variety of reasons.  For instance, providers sometimes receive duplicate payments, charges may be reversed, billing data may be incomplete, and third party liabilities may be incorrectly applied.  Providers routinely identify and refund these credit balances (overpayments), but sometimes the ability to refund the overpayment in a timely fashion is constrained by limited resources or imperfect information.  Sometimes, providers aren’t aware the overpayments exist.  Not all credit balances result in an overpayment, and out of those, not all require a refund; some simply require an adjustment.

 

HMS will soon begin conducting credit balance audits, on behalf of the Missouri Department of Social Services, MO HealthNet Division, (MHD) and Missouri Medicaid Audit and Compliance (MMAC).  When your hospital or nursing home is scheduled for an audit, MMAC will send a letter notifying you, before you receive any correspondence from HMS.  MMAC will also notify the Missouri Hospital Association, Missouri Health Care Association, and LeadingAge Missouri.

 

Nursing home audits will be conducted as “desk audits”.  This means that HMS will review the patient accounts off-site after receiving any necessary documentation from the nursing home.  These audits will be specific to Medicaid patients (participants.)

 

Hospital audits will be Medicaid-specific, as well.  Hospital audits may be desk audits, or they may be completed on-site.

 

Providers will all have the opportunity for an entrance and exit conference, and MMAC and HMS will provide contact information for any questions, comments, or concerns that providers may have.

 

Missouri State Regulation requires documentation of a pharmacist’s offer to counsel, for all MO HealthNet participants’ prescriptions.  The regulation states, “Documentation of Offer to Counsel:  The pharmacist shall document for each MO HealthNet patient’s prescription in a uniform fashion, whether the offer to counsel was accepted or refused by the patient or the patent’s agent. “  Click here to read the regulation:  13 CSR 70-20.310(7).

 

Additionally, pharmacies must obtain the signature of the participant or his/her representative, and the relationship of the representative to the participant.  Participants living in long-term care facilities such as nursing facilities, ICF/MR facilities, and psychiatric residential treatment facilities are granted an exemption from this requirement.

 

The signature log serves as verification that the participant received the prescription dispensed.  One signature per prescription is required, and electronic signatures are acceptable.  Providers must make the signature log and offer to counsel available upon request by MO HealthNet or MMAC.  More information about signature log requirements is found in the MO HealthNet Pharmacy Manual.  Click here to access the manual.

 

Please contact Missouri Medicaid Audit and Compliance (MMAC) at MMAC.PROVIDERREVIEW@DSS.MO.GOV  if you have any questions

The 2016 Spring Session of the Annual Provider Update Meeting for Home and Community Based Providers (HCBS), hosted by Missouri Medicaid Audit and Compliance (MMAC) is scheduled for April 19, 20, and 21, 2016.  Click here for information about the meeting.

 

A new feature for providers has been added to the MMAC website at the location (link) above.  Copies of the meeting’s Power Point presentations and handout materials are posted to the website.  Providers may review the materials prior to the meeting, and make copies to bring with them if they choose.  The materials will not be handed out at the meeting in order to save resources, so please bring a copy with you if you wish to have it during the meeting.  The materials will be projected for viewing during the presentations.

 

If you have any questions, please contact MMAC at MMAC.IHSContracts@dss.mo.gov

Missouri Medicaid Audit and Compliance (MMAC) is responsible for reviewing Medicaid (MO HealthNet) participants who may be subjecting the Medicaid program to fraud, waste, and abuse due to mis-utilizing or over-utilizing some of their MO HealthNet benefits.  MMAC will review the number of physicians prescribing services to a particular participant, the number of pharmacies used by the participant to obtain prescriptions, the frequency of refills or overlapping prescriptions, the number of emergency room visits, and the services received by the participant. 

 

If a MO HealthNet participant is determined to by mis-utilizing MO HealthNet benefits, he or she can be restricted to a physician/clinic, pharmacy, or both, in accordance with 13 CSR 70-4.070.  This restriction is called “Locked In”.  The Lock-In program is also described in the MO HealthNet Physician Manual.

 

When a participant is “locked in” to a specific provider, the provider’s name and telephone number are identified on the internet, IVR, or point of service terminal used when verifying eligibility.  Payment for services for a “locked-in” participant will not be made to unauthorized providers, except for emergency services, and authorized referral services.  Emergency services must be supported by medical records documenting the emergency circumstances.

 

The designated (authorized) “lock-in” provider is responsible for the participant’s primary care and for making necessary referrals to other providers as medically indicated.  When a referral is necessary, the authorized physician must complete a Medical Referral Form of Restricted Participant (PI-118) and send it to the provider to whom the participant is referred. 

 

The referral forms are available on the MMAC website.  Click here to access the forms.

 

The referral is good for 30 days only from the date of service.  The Reason for Referral field should be completed on the form, and the form must contain the NPI (and taxonomy code if appropriate) of the authorized provider.  If the participant is locked into a clinic, use the clinic’s NPI (not the individual physician’s).  The form must be submitted by  the unauthorized provider via the internet at www.emomed.com, or mailed to Infocrossing Healthcare Services, P.O. Box 5900, Jefferson City, MO 65102.

 

Read more about the Participant Lock-In Program at the MMAC website.

 

RCFs  and ALFs enrolled with Missouri Medicaid (MO HealthNet) may receive payments for personal care services provided in the facilities.  Missouri Medicaid Audit and Compliance (MMAC) may conduct an on-site audit or a desk review to determine whether the services were properly documented and billed, and that providers were paid appropriately.   An on-site audit means MMAC auditors will conduct an on-site visit, and scan the needed documentation.  A desk audit means MMAC will request records be sent by mail, fax, or email, without coming on-site.  To view the complete MMAC Provider On-Site and Desk Audits Guidance and Reference Material, click here.

 

For an RCF or ALF audit, MMAC auditors will generally ask to see the following documentation:

 

The care plan (Web Tool print-out or LTACS) for each participant, that corresponds with the review period EVV (Telephony) is not required for RCFs or ALFs Any and all documents that support services billed for each participant, for dates of service in the review period.  These may be timesheets, calendars, call-in logs, service delivery logs, or any other documents deemed necessary to complete the review.  MMAC auditors know that some providers use different names for documentation, and will communicate with you if they feel something is missing. A service delivery log must include the participant’s name, date of service (including the year), documentation of tasks performed, and appropriate daily signatures Census records.  If there are no census records, the auditors will request the medication administration records or nurse’s notes for the time period being reviewed Documentation of appropriate employee background (screening) checks, and documentation of a Good Cause Waiver if required A list of all employees who provided services during the review period (complete name, address, date of hire, date of first client contact, and termination date if applicable) Documentation of authorized nurse visits

 

MMAC auditors will use the following statute, regulations, and provider manual while reviewing the billing and the documentation for compliance:

 

RSMo 192.2495.2 13 CSR 70-3.030 13 CSR 70-91.010 19 CSR 30-86.042 19 CSR 30-82.060 MO HealthNet Provider Manual for Personal Care