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.  For shipped or delivered prescriptions, the pharmacy must obtain the signature of the participant or his/her representative and their relationship to the participant. 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.

State and federal regulations (13 CSR 65-2 and 42 CFR 455.460) require Missouri Medicaid Audit and Compliance (MMAC) to collect an application fee from all new and revalidating “institutional” Medicaid providers.  “Individual” providers such as physicians, dentists and other individual non-physician practitioners are not required to pay the application fee.

 

The application fee is currently set at $554.00, and it will increase to $560.00 on January 1, 2017.

 

Click here to read more about the application fee and hardship waivers.

Extended Women’s Health Services cover family planning-related services, pregnancy testing, sexually transmitted disease testing and treatment, including pap tests and pelvic exams, and follow-up services.  They are covered by MO HealthNet for uninsured women who are 18-55 years of age with a Modified Adjusted Gross Income for the household size that does not exceed 201% of the Federal Poverty Level (FPL). The Medicaid Eligibility (ME) Code is “80/89”.

 

House Bill No. 2011, 2016 Regular Session, is the appropriations bill for the Missouri Department of Social Services for State Fiscal Year 2017. Section 11.550 of HB2011 is specific to Extended Women’s Health Services, and prohibits the disbursement of any funds, directly or indirectly, to subsidize abortion services or procedures or administrative functions, and also prohibits the use of any funds to pay an organization that provides abortion services.  Qualified organizations, however, shall not be disqualified from receiving funds because of an affiliation with an organization that provides abortion services as long as the two organizations are independent of one another.  The bill states that the independent affiliate providing the abortion services must be separately incorporated from any organization receiving these funds.

 

Missouri Medicaid Audit and Compliance (MMAC) is notifying all providers that may potentially be affected by this restriction.  Providers will be notified via e-mail addresses that are on file with MMAC as well as by US Mail.

 

Organizations that are equipped to provide abortion services will be provided with an attestation that allows them to indicate they do not provide abortion services, if they do not.  The organization will attest on behalf of any affiliated providers who submit 80/89 claims, if applicable.  The attestation may be returned to DSS in order to ensure no interruption in claims processing for 80/89 claims.  Affiliated organizations will also receive an informational letter so they are aware of the restriction and its potential impact on their reimbursement for 80/89 claims.  This change does not affect any other Medicaid funding.

 

Please contact MMAC at MMAC.ProviderEnrollment@dss.mo.gov

The Missouri Medicaid Audit and Compliance Unit (MMAC) wishes to remind all In-Home Services and Consumer Directed Services providers that telephony or Electronic Visit Verification (EVV) is a program requirement.  Please visit our website post dated June 3, 2016  for more information.

 

Providers who do not utilize telephony or EVV may face sanctions, so providers are encouraged to contact MMAC at MMAC.IHSCONTRACTS@DSS.MO.GOV with any questions.

Missouri Medicaid Audit and Compliance (MMAC) wishes to remind Consumer Directed Services (CDS) providers about reporting requirements.  Please visit the MMAC website at mmac.mo.gov to review the “From the Director” post dated February 23, 2016.

 

CDS providers are required to file quarterly service and financial reports, annual service reports, and annual financial audits.

 

CDS providers who fail to submit these reports may face sanctions, so providers are encouraged to contact MMAC at MMAC.IHSCONTRACTS@dss.mo.gov with any questions.

 

The Missouri Medicaid Audit and Compliance Unit (MMAC) wishes to remind providers about incentives that are “kick-backs” and therefore not allowed.

 

The federal Anti-Kickback Statute is a criminal law that prohibits health care providers in a federal health care program from offering to exchange, or actually exchanging, anything of value to reward someone for referring business. Medicaid is a state and federally funded program.  Conviction for a single violation can result in a fine of up to $25,000 and imprisonment.  With or without a conviction, individuals may still be excluded from federal health care programs.

 

Missouri state regulation also prohibits these types of incentives.  It is a violation to make any payment to any person for referring someone for goods or services, when MO HealthNet is providing payment.  MMAC has received notice of providers offering incentives to MO HealthNet participants, and also offering incentives to employees to induce or refer participants.  Providers may face sanctions for these practices.

 

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

 

The Missouri Medicaid Audit and Compliance Unit (MMAC) is providing the following reminders for physicians and  laboratories that are enrolled in MO HealthNet and for hospitals that bill for non-enrolled laboratory services.

 

The MO HealthNet provider manual for physicians sets forth the following requirements:

 

An outside laboratory performing outpatient laboratory services must bill MO HealthNet for the services when the laboratory is an enrolled MO HealthNet provider.  A hospital may bill MO HealthNet for outpatient laboratory services performed by a non-MO HealthNet enrolled outside laboratory. Physician offices may bill for initial drug screens performed at point of care, and hospital laboratories may bill for screenings they performed, but both cannot be billed.  It shall be the responsibility of the ordering physician to coordinate with the performing laboratory for the billing of drug screen tests. Providers should not routinely bill for the quantification of drug classes.  Providers should only bill for the quantification of a drug class or a confirmatory drug test if there is a positive screen for the drug class to be quantified.  Quantification or confirmatory drug tests for a specific substance may be ordered if medically necessary.  Documentation of medical necessity must be recorded in the patient medical record.

The CDS Vendor’s responsibilities can be found in Missouri state regulation, at 19 CSR 15-8.400.  The Missouri Medicaid Audit and Compliance Unit (MMAC) would like to encourage CDS vendors to be familiar with the program’s responsibilities and requirements.  Some of the requirements are listed below:

 

Collect timesheets and certify their accuracy Transmit individual payments to the personal care attendant on behalf of the consumer Ensure all payroll, employment, and other taxes are paid timely Ensure each attendant is registered, screened, and employable pursuant to the FCSR, the EDL, and applicable state laws and regulations Ensure the attendant is not the consumer’s spouse Perform case management activities with the consumer at least monthly to provide ongoing monitoring of the services Ensure the consumer is properly trained to properly recruit, employ, instruct, supervise, and maintain the services of the attendant(s).  This training and orientation includes, but is not limited to the following: Time sheet preparation Identification of program fraud Allowable and non-allowable tasks Attendants’ rights and responsibilities Identification of abuse, neglect, and exploitation

 

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

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