U.S. Government Accountability Office (GAO) Reports on Health Care Fraud and Abuse Control Program--Improvements Needed in Controls over Reporting Deposits and Expenditures

The U.S. Government Accountability Office ("GAO") isssued a May 10, 2011 report GAO-11-446 entitled:  "Health Care Fraud and Abuse Control Program--Improvements Needed in Controls over Reporting Deposits and Expenditures."  To view the complete report, click on the hyperlinks below.  A list of GAO recommendations can be viewed by clicking here.

Highlights Page (PDF) Full Report (PDF, 43 pages) Accessible Text Recommendations (HTML)

Summary


To help combat fraud and abuse in health care programs, including Medicare and Medicaid, Congress enacted the Health Care Fraud and Abuse Control ("HCFAC") program as part of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

HIPAA requires that the U.S. Departments of Health and Human Services ("HHS") and Justice ("DOJ") issue a joint annual report to Congress on amounts deposited to and appropriated from the Federal Hospital Insurance ("HI") Trust Fund for the HCFAC program.

In April 2005, the GAO reported on the results of its review of HCFAC program activities for fiscal years 2002 and 2003 and made recommendations to HHS and DOJ.  The objectives of this requested review were to assess the extent to which HHS and DOJ (1) took actions to address the recommendations made in the 2005 report and (2) designed effective controls over reporting HCFAC deposits and expenditures for fiscal years 2008 and 2009.  The GAO reviewed HHS and DOJ documentation, selected nongeneralizable samples and interviewed agency officials.

Although the HHS and DOJ have taken action to address previous recommendations aimed at improving procedures for recording HCFAC expenditures and issuing the annual HCFAC report, the GAO found that controls are not sufficient to ensure that the report is accurate and supported.

The HHS and DOJ took action to address three of the four recommendations in the GAO's 2005 report related to recording staff hours in agency workload tracking systems, using the appropriate account class to record HCFAC expenditure data and expediting the review process for issuing the annual HCFAC report.  Neither agency agreed with the remaining recommendation to notify Congress on delays in issuing the HCFAC report within 1 month after missing the mandated January 1 deadline and thus, did not take action.

However, in June 2010, the HHS and DOJ implemented an expedited review process for completing the HCFAC report. The fiscal year 2010 HCFAC report was issued on January 24, 2011, 23 days later than the mandated reporting date.  According to DOJ officials responsible for preparing the HCFAC report, they intend to use this new expedited review process to meet the mandated deadline when preparing future year reports.

Regarding the design of controls, while HHS and DOJ had designed polices and procedures for documentation that generally required the retention of documentation for six years, these did not provide sufficient controls to ensure adequate support of HCFAC deposits and expenditures, in accordance with internal control standards. (1) Components at both HHS and DOJ that manage HCFAC activities did not include in their respective policies and procedures controls that specified the person responsible for maintaining the records, the location of records, or a combination of both. (2) The GAO found instances at HHS and DOJ where documentation could not be provided to support HCFAC expenditures, such as time and attendance reports.

Also, both agencies did not have sufficient monitoring controls such as reconciliations, comparisons, and supervisory reviews, as outlined in internal control standards, to ensure accurate reporting of HCFAC deposits and expenditures. As a result, the GAO found instances where data recorded in accounting and payroll systems were inconsistent with other sources such as the HI trust fund statements and agency workload tracking systems.

The GAO also identified presentation errors in the 2008 and 2009 annual HCFAC reports.

For example, in reviewing the line item for restitution and compensatory damages, the GAO found that $717 million (70 percent) of the $1.03 billion reported in the fiscal year 2009 HCFAC report was not transferred to the HI trust fund as stated in the report. These amounts, primarily related to Medicare Part B and Medicaid, were transferred to the Federal Supplementary Medical Insurance Trust Fund and the Medicaid appropriation account as required.  These inaccuracies overstated the amount of funds transferred to the HI trust fund. GAO makes 11 recommendations to HHS and DOJ to revise or develop written procedures that include documentation and monitoring controls for HCFAC activities and reporting. DOJ agreed with all four of its recommendations.  Of the seven recommendations to HHS, it generally agreed with five, disagreed with one, and did not address the remaining recommendation.





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Mercer, Milliman Submit Response to Florida Agency for Health Care Administration (AHCA) for Request for Quotes for "management consulting services for $2 million statewide Medicaid managed care expansion program"

The Florida Current reports that Milliman and Mercer have submitted responses to the Florida Agency for Health Care Administration's Request for Quotes to handle a $2 million "management consulting services" contract relating to statewide Medicaid reform.



Two companies are battling for $2 million Medicaid consultant contract


Christine Jordan Sexton, 6/7/2011
www.thefloridacurrent.com


The Agency for Health Care Administration hopes to ink a $2 million Medicaid contract in the next three weeks, health care regulators announced at a meeting in Tallahassee on Tuesday.

Two companies submitted “request for quotes” by the June 1 deadline AHCA had set for responses, and are in the running for the contract, according to information applied by the state. The contractors are Mercer Human Resources Consulting and Milliman Inc.

Representatives from nearly 90 companies were contacted by AHCA May 23 via email and advised that the state was soliciting quotes for the project, which is described in the contract as “management consulting services for statewide Medicaid managed care expansion program.”

Responses were due no more than eight days later, or June 1.

AHCA Deputy Secretary for Medicaid Phil Williams said the vendors all appeared on a state maintained list kept by the Department of Management Services and the email was sent to businesses listed under two categories -- management, organizational and business improvement services and financial and business services.

The RFQ requires the vendor to attest to meeting the requirements in the budget bill that contained the $2 million in funding. At a minimum, a contractor must be a private consultant that has at least 15 years of development of statewide managed care models in other states.


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The Florida Current Provides an Update on Statewide Medicaid Reform Hearings: Medicaid reform gets a rough reception at public hearing

The Florida Current provided this update on Florida's statewide Medicaid reform hearings:

(Photo Credit: Ana Goni-Lessan)


Medicaid reform gets a rough reception at public hearing
Christine Jordan Sexton, 6/10/2011


http://www.thefloridacurrent.com/


Dozens of citizens showed up at a state health care agency in Tallahassee for the first public meeting on Florida's new Medicaid overhaul passed during the 2011 session.


Most of those who testified at the Friday meeting -- from caregivers to providers to lobbyists -- expressed concerns with what they considered to be the pitfalls of the legislation: requiring most Medicaid patients to enroll in managed care, mostly Medicaid HMOs.


Seniors at risk of nursing home care are the first group impacted by the mandate, followed by Medicaid patients who receive traditional medical care.


Martha Moor's son was 21 when he was shot and paralyzed while breaking up a fight. He now is 30. She said she worries that managed care plans will try to make money off her son. He is enrolled in the brain and spinal injury Medicaid waiver program, which pays her to stay at home in Gadsden County and provide care for him.


"HMOs are in business to make money. I do not see how anybody can make money on my son's condition. I am not making any money on my son’s condition," she said adding, "I hope you all pray for us."


Representatives from AARP Florida, the Elder Affairs section of the Florida Bar, the Florida Hospital Association, and Florida Legal Services expressed concerns with the plan, including the Legislature's refusal to require medical loss ratios. Federal authorities expressly said it wanted the inclusion of MLRs -- which are part of the federal health care overhaul -- in a letter it sent to the state on April 23. Medical loss ratios require that a certain amount of money be spent on direct patient care.


State officials also heard from a number of independent pharmacists who want assurances that they will be included in managed care networks. Bill Mincey encouraged every attendee in the room to contact their legislator and demand that they change the law to include any willing pharmacist.


Florida Association of Health Plans President and Chief Executive Officer Michael Garner said many of the negative remarks at the meeting came from "providers who fought throughout the session to keep the status quo. Other providers," Garner said, "were unfamiliar with managed care or the actual components of the new law."


Garner said the pharmacists are concerned that the law would allow HMOs to exclusively use mail order for pharmacies. Garner said the law doesn't allow that.


The public meetings are required under both federal and state law. A handful of other meetings will occur all next week. The Agency for Health Care Administration -- which is conducting the public hearings -- has doubled up the meetings by holding events in Ft. Lauderdale, Tampa, Miami and Orlando all on June 16.


The agency must submit a Medicaid waiver to the federal government by Aug. 1 to begin implementing an overhaul of the Medicaid program where the state competitively bids medical care and long-term care among managed care plans across 11 different regions. Medicaid currently accepts all providers who meet the qualifications, but the overhaul would limit the number of providers.



For more information about a Miami-Dade, Broward and Palm Beach County home health care agency for seniors and other family members, contact Brian Gauthier at A Family Member HomeCare (954) 986-5090 or www.afamilymemberhomecare.com. Serving Coconut Creek Cooper City Coral Springs Dania Beach Davie Deerfield Beach Fort Lauderdale Hallandale Beach, Hillsboro Beach Hollywood Lauderdale Lakes Lauderdale-by-the-Sea Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Southwest Ranches Sunrise Tamarac Weston Wilton Manors Aventura Sunny Isles Beach Hialeah Miami Lakes Boca Raton Delray Beach

The Miami Herald's Lesley Clark Reports on Medicare: "The Issue That Could Really Shake Up Florida"




Posted on Sat, Jun. 4, 2011


Medicare: The issue that could really shake up Florida


By Lesley Clark
lclark@MiamiHerald.com



Alex Wong / Getty Images




Activists lobby against a Republican plan to end the current Medicare system. But GOP advocates say not making the change could lead to racial polarization as the country becomes more diverse.
The question sounded simple enough: Would you vote for or against a Republican plan to overhaul Medicare?


But state Senate president Mike Haridopolos — a U.S. Senate hopeful calling into a St. Augustine radio station — wouldn’t answer, calling the question, “hypothetical.”


The frustrated host, Ray Junior, eventually hung up on him, telling his producers, “Get rid of him.”


Haridopolos — one of three Republicans jockeying in the GOP primary to take on Florida Democratic Sen. Bill Nelson — called the plan developed by House budget chief Rep. Paul Ryan, R-Wisconsin., a “good start” and said it “has a lot of merit.”


Haridopolos’ refusal to be pinned down in the radio interview to a yes or no was a stark reminder of the “third rail” potency that Medicare wields in Florida — the state with the highest proportion of people over 65 in the country. Some 3.2 million Floridians depend on the federal health insurance program — second only to California’s 4.4 million.


Politicians on both sides have successfully used — or misused —- the issue to battle their opponents: In 1994, then-Florida Gov. Lawton Chiles famously suggested in a series of late in the campaign robo calls that his Republican challenger, Jeb Bush, considered Medicare, “welfare.”


And in the 2010 election, the 60 Plus Association, a conservative leaning group that touts itself as an alternative to AARP, ran TV ads against several Florida Democrats, accusing them of cutting $500 billion from Medicare for voting for the Democrats’ health care overhaul.


That attack line is being revived again this year by Republicans looking to take out Nelson.


“Senator Nelson’s decision to ignore Florida voters and cast the deciding 60th vote for ObamaCare’s tax hikes and Medicare cuts will be a key issue as he prepares to face voters at the polls next year,” said National Republican Senatorial Campaign spokesman Jahan Wilcox.


Fact checking organizations like PolitiFact have reviewed that claim and found it wanting: The 60 Plus ads rated a “barely true” from PolitiFact, which found the $500 billion isn’t an actual cut, but reductions to future spending for a program that would still grow significantly in the next 10 years.


Democrats have committed a few fouls of their own and House Republicans this week accused President Obama of playing politics with the issue. Three fact checking organizations scored as inaccurate Democratic National Committee chairwoman Rep. Debbie Wasserman Schultz’s assertion that the GOP plan would “throw you to the wolves” and permit insurance companies to deny seniors coverage — or drop them for pre-existing conditions. FactCheck.org called it “fair game to debate” whether the subsidies proposed by the plan would cover the cost of insurance, but wrong to say that insurance companies would be able to deny coverage.


OFF A CLIFF


That followed a shocking ad by a Democratic leaning group that depicted a Paul Ryan-like figure sending an elderly woman in a wheelchair plunging off a cliff.


That followed a shocking ad by a Democratic leaning group that depicted a Paul Ryan-like figure sending an elderly woman in a wheelchair plunging off a cliff.


"Fear works as a political weapon,’ said Fort Lauderdale Republican strategist Justin Sayfie, who worked as an aide to Gov. Bush and is now supporting GOP presidential hopeful Tim Pawlenty. "It’s the most potent weapon there is."


Though every House Republican voted for the Ryan plan, it exposed a rift in the GOP with some fearing the Ryan plan hands Democrats a perfect foil. But those that have expressed reservations have quickly backtracked: Former House Speaker Newt Gingrich took back his depiction of the Ryan plan as “right wing socialism” after an attack by conservatives. Pawlenty said he’d support the plan only after several days of questioning.


Haridopolos, whose radio interview unleashed a daylong torrent of criticism from conservative blogs, answered the question by day’s end: He’d vote “no” on the Ryan plan — a move that delighted his GOP rivals, but could blunt a Nelson line of attack —if he secures the GOP nomination.


In the competitive GOP Senate primary, former state House Majority Leader Adam Hasner challenged his rivals to embrace the plan, saying his only criticism would be that the plan — part of a budget proposal aimed at taming the deficit, "just doesn’t go far enough, fast enough." Rival George LeMieux, praised the House plan, but has said he preferred his own plan which he said would balance the budget faster.


The plan wouldn’t affect those over 55, but would give future Medicare beneficiaries a government subsidy to purchase private health insurance. Independent analysts have concluded beneficiaries would end up paying more — and Democrats highlighted a study that suggested no state beneficiaries would pay more than those in Florida.


According to the analysis done for the Joint Economic Committee chaired by Pennsylvania Democratic Sen. Bob Casey, while the increase would vary state by state, residents in all states would see out-of-pocket expenses more than double when they turn 65 in 2022. Florida’s increase: $7,383.


Democrats have pointed to their unexpected victory in a congressional seat in a reliably Republican New York district as proof that voters oppose the measure. The Democrat in the race repeatedly hammered the Republican for backing the Ryan plan; but Republicans note there was also a third party candidate in the race who siphoned votes.


Wasserman Schultz at a breakfast with reporters suggested the New York results — and a Democratic win in the mayor’s race in Jacksonville — were a result of voters being turned off by the “hard-core, radical, right-wing agenda that the Republicans have given us a preview of.”


But former President Clinton, speaking at a budget forum last week, cautioned that Democrats should not use the New York victory as evidence that Americans don’t want Medicare reform.


“You should draw the conclusion that the people made a judgment that the proposal in the Republican budget is not the right one. I agree with that,” he said. “I think there are a lot of things we can do to bring down Medicare costs.”


TOUGH TALK


A number of conservative Republicans argue it was the candidate, not the issue, and that with a sputtering economy and looming federal deficit, voters are ready to hear tough talk.


A number of conservative Republicans argue it was the candidate, not the issue, and that with a sputtering economy and looming federal deficit, voters are ready to hear tough talk.


“If we continue to believe that we don’t need to tackle mandatory spending in this country, then we’re just lying to the American people,” said Rep. Allen West, a Broward Republican who has faced angry critics at Town Hall meetings. “I’m 50 years of age. When I hit 63 and we don’t do something, it’s not there for me, forget my kids and grandkids, it’s not there for me.”


Beyond the political finger pointing, there is a problem. Medicare trustees say the program will run out of money in 2024.


A CNN/Opinion Research Corporation poll released midweek, however, suggests more than half of respondents were opposed to the Ryan plan —with opposition highest among senior citizens, even though the plan would affect those 55 and younger.


Analysts suggest both sides have too much invested in the politics to let up. Kevin Wagner, a political science professor at Boca Raton’s Florida Atlantic University, predicts 18 more months of Medicare slams.


“The Republicans succeeded in bashing the Democrats on Medicare in 2010 and there is no way the Democrats are in any way willing to give the Republicans a break,” Wagner said. “They’ll see if they can’t drag the Ryan vote around the neck of every politician they can.”






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http://www.miamiherald.com






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Refusing to implement healthcare reform, Florida GOP rejecting millions in grants for elderly, kids, disabled

Florida Governor Rick Scott has rejected tens of millions of dollars in federal grants, among which was $35.7 million for the "Money Follows the Person" program created in 2005 under President George W. Bush, which keeps elderly and disabled people out of nursing homes by providing home health aides and other services.  The grants save states money because Medicaid usually pays if clients stay in nursing homes.


The Florida Legislature also rejected seven federal grants this year worth more than $17 million available through the health care law.




Rick Scott and the Florida legislature say "no" to federal money for the elderly, poor and disabled.


Published June 8, 2011
The Reid Report


Rick Scott trashed the federal stimulus, and then took the money anyway, to balance the state budget. But when it comes to healthcare reform, the governor and the Republican legislature are just saying no — a move more extreme than the right wing governments in Texas, Indiana and even Wisconsin.


How radical is the current government in the state of Florida? This radical:


Take Wisconsin and Indiana, which are parties to Florida’s lawsuit. Governors in both states have signed off on planning for the health care exchanges required by the federal law. In Florida, Scott has not.


Pennsylvania, also part of the lawsuit, has 2,684 residents signed up for a program that provides low-cost health insurance to people with pre-existing conditions, such as cancer and diabetes, who can’t buy coverage anyplace else. Pennsylvania runs its own program with funding from the federal government and has more enrollees than any other state.


In Florida, only 770 people are enrolled in the same plan, and the state has declined to run its own program.


Texas has accepted $276 million for a program that provides health insurance to people over 55 who have retired but aren’t yet eligible for Medicare. Much of that money is going to Texas state employees.


Florida, by contrast, has accepted only $15 million for the early retirement program — with local governments taking the money. Scott is planning to accept $37 million for the program, but that was because the payout was agreed to by former Gov. Charlie Crist, officials said.


The issue in Florida isn’t necessarily over the money, it’s the portion of the federal law that requires people to buy health insurance or pay a tax penalty. That requirement is to take effect in January 2014.


Florida filed suit challenging the constitutionality of the so-called “individual mandate” provision moments after President Barack Obama signed the act into law in March 2010, arguing that the government can’t force people to buy a product.


Twenty-five states joined the lawsuit, along with the National Federation of Independent Business.


A federal judge in Pensacola ruled in January in favor of Florida and the other plaintiffs, concluding that because the mandate is unconstitutional, the entire law is unconstitutional.


The case is expected to be decided by the U.S. Supreme Court. Scott has said he has no plans to implement the federal law until after that decision.


With that in mind, he returned a $1 million grant that would have helped pay for a system that would allow consumers to monitor insurance rates.


And the Legislature stiff-armed seven federal grants this year worth more than $17 million available through the health care law.


The rejected money included $2 million for hospice care for children, $8 million for construction of community health centers and a first installment on a five-year, $35.7 million grant through the Money Follows the Person program.


The program, created in 2005 under President George W. Bush, aims to keep elderly and disabled people out of nursing homes by providing home health aides and other services. The grants save states money because Medicaid usually pays if clients stay in nursing homes.


Advocates for the aging are alarmed by the decision to reject the money.


“Florida needs every dollar it can get to delay the growth of nursing home usage,” said Larry Polivka, director of the Claude Pepper Center, a Tallahassee think tank on aging. “This started with Bush. It’s a Republican program, for God’s sake.”


The Legislature also discontinued a federal grant that helped poor people get a break on their Medicare costs. Various programs pay Medicare’s premiums, copayments and deductibles and can save people $1,000 to $3,000 a year. The problem is getting the word out. Many people don’t know they qualify.


Over the past 18 months, the Area Agency on Aging of Pinellas and Pasco counties said it helped 1,400 people apply for the subsidies. Potential savings top $4 million a year, the agency estimates. Without a grant extension, the program will shut down.


Republicans claim it’s about “not being hypocritical” — but again, they took federal stimulus money that to a man they opposed. And Republicans have placed an amendment on the 2012 ballot that would bar laws compelling people to buy health insurance, or employers to provide it. Even if such an amendment were to be approved by voters, it wouldn’t impact the federal law, due to the supremacy clause in the U.S. constitution. In other words, it’s a moot point.


But for millions of Floridians who need healthcare, the refusal to take that federal healthcare money is anything but moot.

Orlando Sentinel: Study on hospital-acquired infections flags Central Florida facilities

Hospitals began publicly reporting quality of care information on heart attack, heart failure and pneumonia patients on the Hospital Quality Alliance’s ("HQA") Hospital Compare website in 2004.  Since then, the amount of information available for the public to use has expanded to include information on 30-day hospital readmission and mortality rates, patients’ experience of their hospital care, steps to prevent surgical infections and hospital outpatient measures.

After display on CMS’ web site, on April 21, 2011 the new information was added to Hospital Compare on the following Medicare hospital-acquired conditions:
  • Foreign object retained after surgery;
  • Air embolism;
  • Blood incompatibility;
  • Pressure ulcer stages III and IV;
  • Falls and trauma (includes: fracture, dislocation, intracranial injury, crushing injury, burn and electric shock);
  • Vascular catheter-associated infection
  • Catheter-associated urinary tract infection; and
  • Manifestations of poor glycemic control.
The information on HACs will not be displayed in a manner similar to the rest of the data currently available through a link on Hospital Compare.  Instead, the Centers for Medicare & Medicaid Services ("CMS") intends to post the information as a file that the public can download.  This file will contain hospital-specific information including numerator, denominator and rates for each of the eight HACs listed above. CMS has not shared with HQA or the hospital associations an example of how the information will be presented nor explanatory text that may accompany the file. Prior to the posting of the downloadable file, hospitals will have a limited opportunity to preview their specific HAC rates. Hospitals will only have until March 30 to preview the reports. Hospital Compare on the following Medicare hospital-acquired conditions (HACs):
Foreign object retained after surgery;
Air embolism;
Blood incompatibility;
Pressure ulcer stages III and IV;
Falls and trauma (includes: fracture, dislocation, intracranial injury, crushing injury, burn and electric shock);
Vascular catheter-associated infection
Catheter-associated urinary tract infection; and
Manifestations of poor glycemic control.

The information on HACs will not be displayed in a manner similar to the rest of the data currently available through a link on Hospital Compare. Instead, the Centers for Medicare & Medicaid Services (CMS) intends to post the information as a file that the public can download. This file will contain hospital-specific information including numerator, denominator and rates for each of the eight HACs listed above.

CMS has not shared with HQA or the hospital associations an example of how the information will be presented nor explanatory text that may accompany the file.  Prior to the posting of the downloadable file, hospitals will have a limited opportunity to preview their specific HAC rates.

In response to a concern that the payment system might reward hospitals for substandard care by paying extra when a patient developed a HAC, Congress included a provision in the Deficit Reduction Act of 2005 (§5001(c)) directing the Secretary of Health and Human Services to: (1) begin collecting a new data element, the "present on admission" indicator, to determine which complications were acquired during hospitalization, and (2) stop paying the higher complicated MS-DRG payment for selected conditions. The selected conditions had to be high cost, high volume, or both; cause the assignment of a higher paying DRG when present as a secondary diagnosis; and be considered reasonably preventable through the application of evidence-based guidelines.

The Secretary of Health and Human Services can revise the list of HACs, as long as the list contains at least two conditions.

Since identifying its list of HACs, CMS has collected information on how many HACs have appeared in the Medicare claims data and determined the proportion of patients with the specified HACs that actually did not have the condition present on admission.  In the proposed inpatient prospective payment system Rule, CMS proposed publishing the HAC data by hospital.  .

Nevertheless, CMS has made each hospital’s data available (http://www.qualitynet.org/) for confidential review on the QualityNet website Hospital Compare


An Orlando Sentinel article on the concentration of HACs in Orlando-area hospitals is below:


Study on hospital-acquired infections flags Central Florida facilities

By Linda Shrieves, Orlando Sentinel

8:23 PM EDT, June 4, 2011


Several Central Florida hospitals were among the worst in the state for life-threatening infections and conditions related to patient stays, according to recently released data from the federal government. Many had rates for falls, blood infections, even bedsores that were several times the national average.

  
Orlando Health, for instance, had the highest rate of life-threatening blood infections in the state of Florida: four times the national average.

South Lake Hospital's rate of falls among seniors was almost three times the national average, as was Bert Fish Medical Center's inVolusia County.

  
In Daytona Beach, Florida Hospital Memorial Medical Center had a rate nearly seven times higher than the national average for foreign objects left in patients. And Leesburg Regional's rate in that category was about five times the national average.

In the category of bedsores, Winter Haven Hospital had the second-worst rate in the state and was five times higher than the national average.

  
The federal government released the data based on how often Medicare patients left hospitals with infections or other problems related to their stays. The eight conditions included were blood infections from catheters; urinary-tract infections from catheters; falls; serious bedsores; blood transfusions with incompatible blood; complications from air or gas bubbles entering a blood vessel; poor control of blood sugar for diabetics; and foreign objects left in a patient during surgery.

  
These conditions were selected because they are "reasonably preventable," said Shaheen Halim, director of the Centers for Medicare and Medicaid Services' division of hospitals and medication measurement. Medicare stopped paying hospitals for treatment of these conditions in 2008.

Publishing them, she said, would give patients a view into how their local hospitals operate.

"These [statistics] measure outcomes that a patient might want to know about before choosing a hospital. They might want to see how many of these events occurred at a particular facility," Halim said.


To gather the information, the Centers for Medicare and Medicaid Services used billing information from hospitals that treated traditional Medicare patients (those in a fee-for-service Medicare, not Medicare Advantage) from October 2008 to June 2010.

  
The most common condition reported was injury from a fall or some other type of trauma. More than 70 percent of hospitals reported at least one fall or trauma during the 18-month period.

  
Rates for infection also were common, with about 45 percent of hospitals reporting at least one blood or urinary-tract infection developed during the hospital stay. Rates were lowest for instances of blood incompatibility, which occurred once in every 1 million discharges, CMS said.

  
Contesting the data


Officials at Orlando Health contested the data and on May 27 sent their complaints to Medicare administrators.

  
Because Orlando Health's five hospitals include the area's only Level One trauma center, hospital officials say their system receives more traumatic — and complicated — cases than other local hospitals. Those cases are more likely to require catheters and lengthy hospital stays, hospital officials said.

  
In addition, Orlando Health officials complained that Medicare based its figures on billing codes, which staff can enter incorrectly — for example, mistaking inflammatory cellulitis for the more serious infectious cellulitis.

  
That, said spokeswoman Kena Lewis, may have led to Orlando Health appearing to have a higher rate of blood infections than was the case.


"We're sending our comments and concerns about the methodology to CMS," Lewis said, adding that she didn't know whether to expect a response from the agency.

Not far behind Orlando Health for life-threatening blood infections were Shands Hospital at the University of Florida, Lakeland Regional Medical Center, Bert Fish Medical Center in New Smyrna Beach and Osceola Regional Medical Center — all of which had rates of blood infections well above the national average.

  
These vascular catheter-induced infections — known to most surgeons as "central line infections" — result after tubes are placed in a large vein in a patient's neck, chest or arm and an infection occurs.

  
At Florida Hospital Memorial Medical Center, where the issue was foreign objects left in patients, officials disputed the findings, saying that using electronic reports to compile the data may have skewed the results.

  
"For example, the intentional insertion of a surgical item — such as a surgical staple to prevent internal bleeding — could be erroneously captured as leaving a surgical object behind," said hospital spokeswoman Lindsay Rew.

At South Lake Hospital, where the rate of falls among seniors was almost triple the national average, spokeswoman Kimberly Couch said the hospital began trying to improve patient safety before the Medicare study was completed.

  
The hospital now conducts hourly rounds to patients' rooms to monitor their activity and needs. That, Couch said, should reduce the risk of a patient getting up for something and falling. In addition, staffers, patients and family members are being educated about the risk of falling and how to prevent falls.


"It is always a challenge with falls to monitor patient activity while allowing for as much independent activity as possible," Couch said. "We are confident that these initiatives will lead to improved patient safety."

Other hospitals, including Osceola Regional and Bert Fish Medical Center, did not return requests for comment.

  
Where they stand

Publishing this information helps consumers and hospital officials, said Dr. David Goodman, director of the Center for Health Policy Research at Dartmouth Medical School.

  
"Hospitals don't know how they stand until they receive this type of data," Goodman said. "This helps them decide where to concentrate their efforts."

  
The Institute of Medicine — an independent, nonprofit organization without ties to the government — estimates that as many as 98,000 Americans die in hospitals each year from preventable medical errors.

Patient advocates, including some doctors, applauded Medicare's move, saying the release of the information will push hospitals to perform better.

"Public reporting is an important way of stimulating the improvement of care," Goodman said. "The health-care profession has often looked at quality as a private matter, partly to avoid legal liability, so it has kept quality activities under wraps with the idea that health-care professionals can really measure quality and work on it without the fear of being sued.

  
"On the other hand, quality indicators are of obvious importance to patients," he said. "It is information about them, and it is information that is related to their chances of getting better or worse care."

  
What matters most


For consumers, Medicare's list of eight complications may seem daunting. What should consumers pay more attention to? That, says Dr. Clifford Ko of the American College of Surgeons, depends on why you're going into the hospital.

  
"If you're undergoing surgery, then retained foreign bodies are probably more important to you" than controlling blood sugar for patients with diabetes, Ko said. On the other hand, if you or your parent is frail and likely to fall, the information on falls at hospitals may be more relevant.

Taken all together, a hospital's scores tell consumers "how a hospital is doing," Ko said. And he says that consumers will soon begin seeing more of this type of information from the federal government.

  
"I do think our health-care system is going to increase the number of metrics out there, so it will be easier for patients to get a picture of what the hospital does well," Ko said.

  
Federal officials say they plan to update the data on these eight complications once a year. By doing so, hospitals can chart their progress, and consumers can stay up-to-date on how their local hospitals are performing, Halim said.

lshrieves@tribune.com or 407-420-5433

  
The 8 conditions

  
The Centers for Medicare and Medicaid Services released the data recently, posting them on its Hospital Compare website, so consumers can see how often patients leave their local hospitals with particular "hospital-acquired conditions."

  
The eight conditions are:

  
•Blood infections from a catheter placed in the hospital. 
•Urinary-tract infections from a catheter placed in the hospital.
•Falls, burns, electric shock, broken bones and other injuries during a hospital stay.

•Blood transfusions with incompatible blood.

•Bedsores that develop after a patient enters the hospital.

•Complications from air or gas bubbles entering a blood vessel.

•Objects left in patients after surgery (such as sponges or surgical instruments).

•Poor control of blood sugar for patients with diabetes.

Copyright © 2011, Orlando Sentinel


Read an American Hospitals Association advisory on how medical facilities should handle the release of this information:  http://www.aha.org/aha/advisory/2011/110325-quality-adv.pdf



For more information about Miami-Dade, Broward and Palm Beach County home health care for seniors and other family members, contact Brian Gauthier at A Family Member HomeCare (954) 986-5090 or www.afamilymemberhomecare.com. A Broward Home Health Care Agency and Fort Lauderdale Home Health Agency Serving Coconut Creek Cooper City Coral Springs Dania Beach Davie Deerfield Beach Fort Lauderdale Hallandale Beach, Hillsboro Beach Hollywood Lauderdale Lakes Lauderdale-by-the-Sea Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Southwest Ranches Sunrise Tamarac Weston Wilton Manors Aventura Sunny Isles Beach Hialeah Miami Lakes Boca Raton Delray Beach


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U.S. Administration on Aging Older American Act Programs: Updates




For over 35 years, the U.S. Administration on Aging ("AoA") has provided home and community-based services to millions of older persons through the programs funded under the Older Americans Act. You may have heard about the agency's home-delivered meals programs or nutrition services in congregate settings, or transportation, adult day care, legal assistance, or health promotion programs.

If you have visited a nursing home, you may have talked to an AoA Ombudsmen, who provide an on-going presence in long- term care facilities, monitoring care and conditions and providing a voice for those who are unable to speak for themselves.

Please select from the topics below to learn more:

May is Older Americans Month 2011

 


Each year the Administration on Aging (AoA) issues a theme for Older Americans Month to assist its National Aging Services Network of state, tribal, area agencies on aging, and community services providers plan for activities that might take place in May or throughout the year.

The theme of this year's celebration-Older Americans:  "Connecting the Community"-pays homage to the many ways in which older adults bring inspiration and continuity to the fabric of our communities.  It also highlights the many ways technology is helping older Americans live longer, healthier and more engaged lives.

Older Americans Month Contest Winners Announced Senior Centers Invited to Enter the Community Connection Video Game Tournament “Connecting Generations Video Challenge” Contest Connecting Generations Video Challenge: Public Voting Begins Logo & Poster Sample Proclamation (PDF) Sample Article (PDF) History of Older Americans Month

What are the U.S. Aging and Disability Resource Centers? A Joint Program of the Administration on Aging & Centers for Medicare & Medicaid Services



What is the Aging and Disability Resource Center Program?
The Aging and Disability Resource Center Program (ADRC), a collaborative effort of the Administration on Aging (AoA) and the Centers for Medicare & Medicaid Services (CMS), is designed to streamline access to long-term care.

The ADRC initiative supports state efforts to develop “one-stop shop” programs at the community level that will help people make informed decisions about their service and support options and serve as the entry point to the long-term support system. States are using ADRC funds to better coordinate and/or redesign their existing systems of information, assistance, and access and are doing so by forming strong state and local partnerships.

ADRC programs provide information and assistance to individuals needing either public or private resources, professionals seeking assistance on behalf of their clients, and individuals planning for their future long-term care needs. Resource Center programs also serve as the entry point to publicly administered long term supports including those funded under Medicaid, the Older Americans Act, and state revenue programs.

ADRC grantee states target Resource Center services to the elderly and at least one additional population of people with disabilities, such as individuals with physical disabilities, serious mental illness, and/or mental retardation/developmental disabilities. ADRCs are working towards the goal of serving all individuals with long-term care needs regardless of their age or disability.

The goal of the ADRC Program is to empower individuals to make informed choices and to streamline access to long-term support. Long-term support refers to a wide range of in-home, community-based, and institutional services and programs that are designed to help individuals with disabilities.

The vision is to have an ADRC in every community serving as highly visible and trusted places people can turn for information on the full range of long-term support options.

In many communities, long-term support services are administered by multiple agencies and have complex, fragmented, and often duplicative intake, assessment, and eligibility functions. Figuring out how to obtain services is difficult. A single, coordinated system of information and access for all persons seeking long-term support minimizes confusion, enhances individual choice, and supports informed decision-making. It also improves the ability of state and local governments to manage resources and to monitor program quality through centralized data collection and evaluation.

Additional Information

For additional information on the ADRC initiative, please visit The ADRC Technical Assistance Exchange website at
www.adrc-tae.org. The website includes contact information for AoA and CMS ADRC project officers, summary information on each of the grantees, and a variety of resources related to this initiative.

You can also find additional ADRC information on the AoA website at
http://aoa.gov/AoARoot/AoA_Programs/HCLTC/ADRC/index.aspx.


For more information about
Miami-Dade, Broward and Palm Beach County home health care for seniors and other family members, contact Brian Gauthier at A Family Member Home Care (954) 986-5090 or www.afamilymemberhomecare.com. Serving Coconut Creek Cooper City Coral Springs Dania Beach Davie Deerfield Beach Fort Lauderdale Hallandale Beach, Hillsboro Beach Hollywood Lauderdale Lakes Lauderdale-by-the-Sea Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Southwest Ranches Sunrise Tamarac Weston Wilton Manors Aventura Sunny Isles Beach Hialeah Miami Lakes Boca Raton Delray Beach

Update: Florida Governor Rick Scott Signs Sovereign Immunity "Wrongful Death" Bill, HB 277 Into Law on June 2, 2011

NOTE:  FLORIDA GOVERNOR RICK SCOTT SIGNED HB 277 INTO LAW ON JUNE 2, 2011.


Left:  Republican State Representative Tom Goodson sponsored HB 277, which was presented to Florida Governor Rick Scott today, May 25.  If enacted, the bill would make numerous changes to Florida's Wrongful Death Statute.


HB 277 relating to Sovereign Immunity, now awaits action by Florida Governor Rick Scott after being presented to him today, May 25, 2011.  The Governor has 15 days to sign or veto the bill, or allow it to become law without his signature.

The legislation, also known as the "wrongful death" bill, changes the statute of limitations in a wrongful death action brought against the State of Florida or one of its agencies or subdivisions from four years to two years.

Current law requires that a claimant bringing a tort action against the state or one of its agencies or subdivisions present the claim in writing to the Department of Financial Services within three years after the claim accrues.  If enacted, HB 277 will require the claimant to present the claim in writing to the Florida Department of Financial Services within two years after claim accrues if the claim is for wrongful death.

The bill provides that, if the Department of Financial Services does not act on the claim within 90 days, the claim is deemed denied. It also tolls the statute of limitations during the time the Department of Financial Services is considering medical malpractice claims and wrongful death claims.

HB 277 is effective July 1, 2011, applying to causes of action accruing on or after that date. 
  • The statute of limitations is the time period after which no legal case can be brought relating to an injury or wrong. Current law provides that the statute of limitations for a wrongful death action against the state or one of its political subdivisions is four years; but, the statute of limitations for a wrongful death action brought against a person is two years.
About Florida's current "Wrongful Death" statute:

Sections 768.16-768.26, F.S. comprise the “Florida Wrongful Death Act," which provides that when a death is caused by negligence, wrongful act, default or breach of contract, the person responsible is liable for damages.
The action may be brought by the decedent’s personal representative and recovery is for the benefit of the decedent’s estate and survivors.
Damages recoverable under the Wrongful Death Act include:
  • The person who paid medical and funeral expenses may recover those expenses;
  • Each survivor may recover the value of lost support and services;
  • Each survivor may recover the value of future support and services;
  • A spouse may recover for lost companionship and protection and for mental pain and suffering;
  • Minor children, and all children if there is no surviving spouse, may recover for lost companionship, instruction, and guidance and for mental pain and suffering;
  • Each parent of a deceased minor child may recover for mental pain and suffering;
  • Each parent of a deceased adult child may recover for mental pain and suffering if there are no other survivors; and
  • The decedent’s estate may recover lost earnings.
To read a summary of HB 277, click here.


For information about quality, certified, accredited and affordable quality home health care in South Florida, contact Brian Gauthier at A Family Member Home Care (954) 986-5090 or http://www.afamilymemberhomecare.com/.

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