Although I have written about Medicare many times in this column, it
should be remembered that many doctors and their staffs are new to this
system. As a result, this month I'm going to review Medicare from a
beginner's standpoint.
First of all, Medicare is not an insurance. It doesn't pass the duck
test, i.e., it may look like a duck and quack like one, but it isn't a
duck. Medicare is a federal entitlement program. Unlike insurance, it has
to accept anyone who qualifies for coverage — anyone over 65 and
disabled individuals who quality.
Being a federal program, it is exempt from state supervision. This
means that your state insurance commission has no jurisdiction in this
area, no matter how badly you think you got stiffed on your last claim.
There are three Medicare programs: Part A, hospital coverage; Part B,
outpatient coverage for providers, including chiropractors; and Part C,
managed care (that operates under different rules). Chiropractic coverage
became a reality in 1975.
Your patients automatically get Part A coverage at no extra cost when
they enter the Medicare program, sort of like the free pickles on your
cheeseburger at McDonalds (but it's actually figured into the cost).
Most of your patients pay a monthly fee for Part B, which works in your
office.
Some areas offer Part C, which is alternative outpatient coverage. We
don't have Part C in Iowa, since fees are so low here that managed care
isn't necessary. It would be like importing longhorns into Texas. Personal
income here is similar to that in most third world countries (I'm
surprised bananas don't grow here).
I have never liked the term "provider." It's a sterile term
that lacks dignity, and reminds me of similar titles awarded by
businesses. For example, the guy with the earring through his nose at the
discount store is a "team member." The one with the broom and
the biker's tattoo is an "assistant manager." And the mob's just
a bunch of "good fellas" who don't kill anymore, they just
"eliminate" or "terminate with extreme prejudice." Or
was that the CIA?
When you first set up your practice you have to sign a Medicare
contract with your regional carrier. If you don't know the name of the
carrier, you can find out from the state chiropractic association, or pick
up your newspaper and see which insurance company is threatening the most
chiropractors.
Each year you will be given the choice of "being a participating
or a non-par provider (I'll cover this matter in upcoming columns). It's a
bit like choosing between what's in the box or what's behind the curtain,
but there's a bad odor in the room that could be coming from both places.
A note about Part C. This is a program operated for the government by
private carriers, and they are allowed much more leeway in coverage and
fee-setting. This is also the entity that is being sued by the ACA, with
the support of the WCA and other chiropractic groups due to discriminatory
practices.
As in the Part B program, manipulation is covered. The carrier has been
using PTs and medical practitioners to deliver this service, thus cutting
out chiropractors. Our position, simply put, is that we should be the
primary providers of adjustments, as anything else is a sham.
It's hard to believe that the government would actually cheat a group
of health care providers who are just trying to remove nerve interference.
It's also hard to believe Lee Harvey Oswald could group three shots in six
seconds into a moving motorcade with an old Italian rifle usually reserved
for pounding on tent stakes, and then reappear in a movie theater in time
for the feature.
Medicare is a national program, but its rules vary state by state. This
is because the carriers are given a good deal of latitude in setting
rules, and are even encouraged to do so, because regional conditions are
variable. Iowa, for example, is rated last in the 50 states in
reimbursement, even though all U.S. citizens pay the same amount into the
system. By some amazing coincidence, the states with the highest
reimbursement levels also have the most electoral votes at election time.
Of course, the government would never show favoritism, but someone
apparently forgot that Iowa still appears on most Rand McNally maps
somewhere between Minnesota and the Ozarks. Out patient reimbursement
level is $2,000 below the national average annually. This state has one of
the highest populations of elderly, and the most over age 85.
The only chiropractic service covered by Medicare is the adjustment (or
manipulation, depending on which chiropractic association you joined). For
many years we were required to take a subluxation x-ray to prove necessity
for treatment, but this statute was dropped in 2000. Now treatment
necessity is based on your recordkeeping. The bad news is that your
records are usually reviewed by nurses, which is on the same order as
having your car repaired by Roto-Rooter.
Carriers are required to have a chiropractic consultant available when
requested. However, they get to choose the consultant. This is similar to
the system where the Supreme Court picks the president, but you can always
appeal to Jeb Bush. While I would not want to cast aspersions on all
chiropractic consultants, the popularity of some rates slightly below that
of Enron executives.
An important thing to remember concerns filing requirements for
Medicare. All treatments involving spinal manipulation must be sent to the
carrier. There are artificial treatment limitations that vary state by
state, with some states allowing as few as 12 visits per year, while
others allow about four times that number. If you feel that the patient
has accumulated more visits than may be paid for, it would be wise to have
the patient sign a disclaimer indicating his or her awareness of such.
Note that Medicare will only pay for symptomatic treatment, not
maintenance treatment nor wellness visits.
Still, whether visits will be paid for or not, they must be filed.
There are some exceptions. Any visit not involving spinal manipulation is
not included in this dictum. Also, any time another insurance company may
pay for the entire cost, filing is not necessary. An example of this is
when a Medicare patient is involved in an automobile accident and the bill
is paid for by the auto carrier, e.g., State Farm.
One other note. Medicare has been performing post-payment reviews, and
your odds of being audited depends on which state you practice in. At
present, Pennsylvania chiropractors seem to be the victims of most audits.
These audits are being used to force doctors to refund payments received
for visits considered unnecessary, under the aegis of not being supported
by treatment records. It doesn't matter if you think the work was needed,
or even if your patient thinks the treatment was warranted.
The bottom line is the carrier conducts the audits and has a quota to
meet, so guess how often you win. I'm not imagining the quota. I was given
the information by a carrier representative. The best defense is good
recordkeeping, something covered regularly in this column. These audits
started in earnest in Iowa about six years ago.
Speaking of Iowa, regular readers no doubt remember that I entered the
state quarter contest several months ago. Each state is represented on a
quarter with a chosen design. New York has the Statue of Liberty,
Massachusetts has a Minuteman, and South Carolina has a palmetto. Since
the public was allowed to submit designs, I sent one in with a portrait of
the three Palmers and a chiropractic notation. As I expected, it was
rejected and I was sent their version of a Dear John letter.
The governor's staff has been frustrated by some of the submitted
mottoes and designs, such as "Baja Minnesota", "More Hogs
than Humans", and "Honk If You Like Corn," as well as a
Grant Wood portrait showing a farmer, his wife, and his trusty pitchfork.
I should mention that Iowa not only has the lowest Medicare
reimbursement, but it also is the only state showing a net population loss
over the period of the last century. In this spirit, I sent in a new
design showing a crowd of people leaving Des Moines, and a giant hand on a
light switch, with the inscription, "Turn Out the Lights, the Party's
Over."
My wife has said that the government will probably hire an assassin to
take me out. I claim that it's just truth in advertising.
(Dr. Jeffrey Shay, a graduate of Palmer College of Chiropractic and the
WCA's 1996 "Chiropractor of the Year," is the World Chiropractic
Alliance Director of Insurance Relations. He welcomes comments or
questions regarding any insurance-related subject appearing in this
column. Dr. Shay is available to speak to your state or local
organization. Contact him at 1300 Cedar St., Muscatine, IA 52761, or the
WCA offices, FAX 480/732-9313.)