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Customized Solutions | Billing Errors & Omissions
Due to the increased attention the United States Federal government has placed on controlling rising healthcare costs, medical providers of all types are coming under increasing scrutiny with regards to medical billing practices.
According to a recent Centers for Medicare & Medicaid Services press release:
“The Centers for Medicare & Medicaid Services (CMS) has taken the next steps in the agency’s comprehensive efforts to identify improper Medicare payments and fight fraud,
waste and abuse in the Medicare program by awarding contracts to four permanent Recovery Audit Contractors (RACs) designed to guard the Medicare Trust Fund.
In the Tax Relief and Health Care Act of 2006, Congress required a permanent and national RAC program to be in place by January 1, 2010. The national RAC program is the outgrowth of a successful demonstration program that used RACs to identify Medicare overpayments and underpayments to health care providers and suppliers in California, Florida, New York, Massachusetts, South Carolina and Arizona. The demonstration resulted in over $900 million in overpayments being returned to the Medicare Trust Fund between 2005 and 2008 and nearly $38 million in underpayments returned to health care providers.
The goal of the recovery audit program is to identify improper payments made on claims of health care services provided to Medicare beneficiaries. Improper payments may be overpayments or underpayments. Overpayments can occur when health care providers submit claims that do not meet Medicare’s coding or medical necessity policies. Underpayments can occur when health care providers submit claims for a simple procedure but the medical record reveals that a more complicated procedure was actually performed. Health care providers that might be reviewed include hospitals, physician practices, nursing homes, home health agencies, durable medical equipment suppliers and any other provider or supplier that bills Medicare Parts A and B.”
- Is your practice prepared for a RAC audit?
- Do you have Billing Errors and Omissions insurance? If so, is it adequate?
- Does your Billing E&O cover RAC audits?
- Does it cover fines and penalties?
- Does it cover defense costs associated with RAC audits and potential defense of billing practices against CMS?
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As one of the largest national medical liability insurance brokers, HealthCare Risk Specialists is uniquely suited to assist you in evaluating your situation, assessing your current coverage and recommending the best and most advanced products in the marketplace today. To discuss your options as it relates to your insurance coverage, feel free to call us at (toll free) 877-505-4277.
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TRADITIONAL INSURANCE PRODUCTS |

SPECIALTY PRODUCTS |
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Med Mal |
D&0 |
MEDEFENSE™ |
NETGUARD™ PLUS |
Defense Coverage for Medicare/Medicaid Audit
Includes allegations of billing violations from Recovery Audit Contractor (RAC) and Comprehensive Medicaid Integrity Plans (CMIP) |
Limited |
May Be Available at Low Limit/ High Deductible |
$1,000,000 |
Not Covered |
| Qui Tam Plaintiff (Federal False Claims Act) |
Not Covered |
Limit by specific policy definitions |
$1,000,000 |
Not Covered |
Unintentional Billing Errors & Omission
Coverage includes unintentional acts made by providers or outside billing organizations. |
Not Covered |
$25,000 |
$1,000,000 |
Not Covered |
Unintentional Release of Medical or Financial Data
Statutes Include: HIPAA , Financial Services Act, Fair Credit Reporting Act, other state privacy laws. |
Not Covered |
$25,000 |
Not Covered |
$1,000,000 |
HIPAA Proceeding-Governmental
Provides defense of violation of HIPAA privacy regulations |
Not Covered |
May Be Available at Low Limit/ High Deductible |
$1,000,000 |
$1,000,000 |
| EMTALA Proceeding |
Limited |
$25,000 |
$1,000,000 |
Not Covered |
| Stark Violations |
Limited |
$25,000 |
$1,000,000 |
Not Covered |
Breach of Computers or Network Security
Includes: failure to prevent access failure to prevent identity theft inadvertent transmission of malicious code. |
Not Covered |
Not Covered |
Not Covered |
$1,000,000 |
Patient Notification/Credit Monitoring
Notification is mandatory in the vast majority of America |
Not Covered |
Not Covered |
Not Covered |
Up to $1,000,000 |
Data Recovery
All reasonable and necessary sums required to recover and/or replace data that is compromised, damaged, lost, erased or corrupted (First Party) |
Not Covered |
Not Covered |
Not Covered |
Up to $1,000,000 |
| Regulatory Fines and Penalties |
Not Covered |
Not Covered |
$1,000,000 |
$25,000 |
Multimedia Coverage
Includes coverage for Copyright/Trademark Infringement, Libel, Slander, Advertising, and more |
Not Covered |
Not Covered |
Not Covered |
$1,000,000 |
| Voluntary Self-Disclosure Allowed |
NO |
NO |
Yes |
Silent |
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