What is Meaningful Use?

Perhaps it shouldn’t be a surprise that – even at this late date – many chiropractic & medical physicians are still unfamiliar with the government incentive program for Meaningful Use. So, here’s a very brief overview of the highlights:

  • If you treat Medicare patients in your practice, over the next several years, the government will reimburse you more than usual… up to $44,000 per provider over the entire period. The project will proceed in three stages that have progressively more stringent requirements. We’re currently in Stage I – which has the most relaxed participation requirements.
  • What’s the goal? As part of the American Recovery & Reinvestment Act (ARRA) of 2009, the federal government wants to improve the efficiency of the health care  system. Years ago, CMS (then HCFA) began offering incentives to doctors who  submitted claims electronically. Now, the goal is to make sure you can share addtional information electronically with CMS (e.g. quality reporting), your patients (e.g. their health records), and public agencies such as the CDC (e.g. immunization data). All these changes are expected to make patient care more efficient & effective.
  • In order to qualify for the incentive payments – which are based on the total Medicare or Medicaid fees you charge during the year – you must have certified software. As an ECLIPSE user, you’ve already met the first qualification. The second qualification is up to you. You must meet a series of criteria in your office, which you can read about in detail here. Most criteria are relatively easy to meet via small adjustments to your office procedures.
  • It’s likely that you send electronic claims now. Years ago, electronic claims were
    the exception rather than the rule. The current incentives are the government’s
    way of encouraging across-the-board adoption of systems that can share information over the shortest possible time span.
  • In a few years, CMS will begin to phase in penalties for providers who haven’t yet adopted certified technology.
  • For more information, visit the related CMS site.
  • Finally as of this date (9/14/2011), we know of at least one office in UT that has notified us as follows via email. Here are two excerpts: “… The initial process of getting required information entered is time consuming but Eclipse’s quick data entry options speed the process up. Not only have we attested but we have passed the attestation which means for us the check is the in the mail …” and “… So, for those who doubt, doubt no more.  We used Eclipse, we qualified for meaningful use, we where able to run reports for the clinical quality measures, we attested, we passed and now we are waiting for payment…”
  • Update: As of December 2011, myriad ECLIPSE users have already received payments of $18,000. For instance, according to Sylvester Chiropractic Centre in NJ: “… our office attested to CMS for Meaningful use on October 19, 2011 and received the full $18,000 on November 30, 2011. It was quick and easy. And best of all, we received our payment during the first year of availability because ECLIPSE was certified before all the initial deadlines.”
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Getting Started With the Encounter: FAQ

*Existing clients often ask similar questions about the Encounter. Here are some answers:

  • There is no extra charge for the Encounter. It’s included with full functionality in every version of ECLIPSE so you can easily track your clinical documentation / S.O.A.P. electronically along with all your other patient information.
  • The Encounter is a robust, flexible and customizable solution for chiropractic & physical therapy documentation/SOAP notes.
  • Yes, we’ve done SOAP before. The Encounter is a new design based on over a decade of feedback. Here’s a quote from one of your colleagues who uses it daily: “I’ve been using the ECLIPSE EHR to scan EOB’s (among other things) for years, have all my SOAP in ECLIPSE and have worked through subsequent generations of SOAP as they improved the product. The Encounter – which is a completely new design – allows me to handle my notes in seconds… a feat rare among friends & colleagues with various SOAP systems.”
  • Since the user interface is consistent with the rest of ECLIPSE, there’s virtually no learning curve. Of course, with experience, you’ll be able to complete clinical documentation faster. Most users report that they can complete standard follow-up visits in well under a minute.
  • It’s reasonably simple to get started. Download the latest update. Access the Encounter on the patient’s EHR tab. Press the F1 key to review the HELP. The HELP screen quickly takes you step-by-step through the basics. From either the HELP screen or the ECLIPSE Help menu, access & view the training videos (you’ll need an internet connection). If you still have questions, ask us about training.
  • Yes… you can run it on an iPad. You can use the Encounter with a PC, tablet or touch screen. We prefer wireless tablets. Call the Help Desk for details.
  • Any supporting document can be imported or scanned, then annotated and included with your Encounters in one simple PDF to accompany paper or electronic bills. Translation: Scan in a patient’s blood work, attach the radiologist’s x-ray findings, put a sticky note with circles and arrows on each, and bundle it all with your bill(s).
  • Though you already know the user interface, the data layout will certainly take some time for you to master. So, here’s an unsolicited quote from a doctor running a busy multi-disciplinary facility in an urban NJ environment to demonstrate that it just may be worth your while:“I feel it’s by far the best software on the market. We have implemented it into a very busy office and its not just the speed in which you can enter a note but the quality of note along with its integration with the rest of the software. I have demo’ed everything and really wanted to say thank you for Encounter.”
  • And finally, here’s another unsolicited quote from a doctor in OR who has used ECLIPSE for years and had tried to implement a nationally distributed, well-known, SOAP program: “PLEASE let your long time subscribers know that you already have EHR on your system BECAUSE when I was looking I saw that you put ***** on your affiliates pages and I bought their system. I am VERY UPSET that I have been working with them for over 10 months and still do not have a workable system. I then found out that I had EHR all along on your Eclipse System (I’ve been using your software since 1999) I found your EHR to be much easier, intuitive and infinitely cheaper.”
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Meaningful Use: Navigating the Attestation Guide

You should be able to find the answers to most questions in the 63 page CMS attestation
guide by visiting two screens in ECLIPSE. If you’re unfamiliar with the term “Meaningful Use,” read a brief overview here. Though it shouldn’t be necessary, an educational CMS video that explains the process step-by-step can be viewed here. You can also read a CMS FAQ document here.

  • From the Reports menu, select Patient List. Press F1 for HELP and read about Automated Measure Calculation. This section contains extensive instructions on each and every Meaningful Use measure, how you can meet the requirement in ECLIPSE, and how you can check which patients meet the criteria for that measure for high percentage measure requirements.
  • From the Reports menu, open the Audit folder, and select NQF/PQRS Measures. Press F1 for HELP and read detailed information about each of the measures, how they’re assessed for different patient populations, and how you can get the information you need to manually enter the numerator and denominator values for the measures you choose.

It seems many of you remain confused about some of the other information in this guide.
So, let’s start with security. Bear with me since I’m handling these out of order… Let’s review (15 of 15) on page 28 of the guide. You must attest that you have

conducted a review or security analysis per 45 CFR 164.308(a)(1) and have implemented security updates as necessary, corrected security deficiencies as part of your risk management process.

Now, ECLIPSE is certified as a “Complete EHR.” Therefore, it’s certified on all the security measures. Ergo, you can’t implement ECLIPSE in a non-secure way. Hopefully, since the implementation of HIPAA, you’ve regularly reviewed your office security protocols to avoid potential HIPAA violations. So, you should simply be able to indicate “Yes” to the measure.

Next, let’s discuss steps 8 & 9. Step 8 indicates:

“Implement drug-drug and drug-allergy interaction checks.”

Step 9 indicates

“Maintain an up-to-date problem list of current and active diagnoses.”

First, I should point out a very important difference between these two steps. ECLIPSE tracks “step 9” for each of your patients. This step, as you can see on page 19 of the guide, requires a numerator and denominator. In other words, Step 9 has a reporting requirement – step 8 does not.

Let’s pursue a tangent for a moment. As an example, consider email access in ECLIPSE. ECLIPSE can send email, text messages, or bulk email on demand. In fact, the various email features of ECLIPSE are enabled whether or not you have an email account or use the internet. In contrast, consider that your ability to provide educational materials must be specifically enabled by us for your office (we reprogram your sentinel to allow access as per our agreement with the content provider).

Now, if you’re a chiropractor, and you don’t prescribe or review your patient’s drug
regimens, features relevant to step 8 are enabled in ECLIPSE regardless of whether you subscribe to prescription services. Of course, like email, if you want to actually use these features of your program (which you’re welcome to do), you must setup an
account with the service provider.

This is actually a good opportunity to touch upon a related subject. Some of the items we report on are part of the normal HIPAA audit trail we maintain for your patient data. Thus, when you send an email from a patient’s folder, we track it. When you open that patient’s folder, we track it. When you add a problem, we track that too. Our audit trails have helped prosecutors bring convictions, and I’ve personally become involved in audits & investigations across the country where the audit trails we maintain have occasionally helped protect targeted health care providers. Now, since I’ve been discussing steps 8 & 9, this would be a good time to point out that there is absolutely no verbiage or requirement whatsoever with regard to Stage I auditing (by you or us) of an item such as “Implement drug-drug and drug-allergy interaction checks.” If you’re concerned about fraud, don’t claim you’re using a certified version of ECLIPSE when you’re running a copy that’s actually several years old. That will catch up with you by next year.

Most of the remaining parts of the guide are reasonably straightforward and can be handled by referencing the HELP as noted above. It’s unfortunate that some of the existing verbiage has created unreasonable concerns among some health care providers — which isn’t helped by the many “consultants” who like to lecture on the subject. It’s beginning to remind me of 1999, when doctors I know were raiding their bank accounts to make sure they had cash when the banks failed as part of the Y2K debacle. Of course, if all the banks failed, who would actually have any use for cash? We’d be back on the barter system.

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Sign-in sheet saves the day…

True story: One of Karen’s Medicare patients, upon receiving an EOB, called Medicare & denied being in her office for a particular date of service. This triggered an audit threat
(potential fines, jail time, etc.). Fortunately, Karen produced her manual sign-in sheet to prove the patient had indeed been in the office. Audit avoided. Over the years, I’ve seen such scenarios duplicated regularly: manual sign-in sheet saves the day.

Now, as of a few years ago, several chiropractic software packages have begun to tout use of a magnetic card which the patient swipes when she arrives at the office, enters a treatment room, etc. These systems suggest that you can automate the entire visit process (a great idea). Now, suppose the scenario above comes to pass in your office and you’re using this type of system. You print a computer generated list and provide it in response to Medicare’s initial request. Medicare asks how the printout was generated. You explain that you have a magnetic swipe system. And Medicare asks who is in control of
generating/programming the magnetic cards provided to the patients. You explain that your office programs them (just like a hotel’s front desk). In other words, you’re in full control of the patients’ “signature” that’s being offered as “proof” to avoid an audit. Medicare decides to press ahead with a full audit…

There’s no case law with regard to such a scenario. But over the years I’ve been in contact with the FBI Computer Forensics team and have spoken with more than one State Attorney General during investigations. The bottom line is that you can’t shrug-off the sign-in sheet as a valuable tool. If the sign-in sheets are handled manually, keep them in a loose-leaf binder or scan them in by date. Alternatively, use a product like OffiSign-In that actually stores the patient’s electronic signature separately for each visit.

The law firm of Drinker Biddle reviewed this issue extensively for us. Though there’s no case law yet (no surprise), the attorney who researched it (a full partner at the firm who has litigated major case law) indicated she wouldn’t want to have to defend against this issue if the doctor’s only physical evidence of various visits was dependent on a card swipe system.

So… this is a situation where… before we attempted to add a new “feature” to ECLIPSE — one doctors sometimes request — we spent thousands of dollars with one of the largest law firms in the USA in an attempt to determine whether it was safe to do so. How many companies that you work with actually care enough to research whether you’re protected from possible consequences of using their products? And how many of you don’t even bother to think about it in the quest to automate every aspect of your practice?

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HIPAA Mandates & Meaningful Use in ECLIPSE

In July, 2011, I happened upon a competitor proudly noting the upcoming availabilty of a “prototype” ANSI 835 remittance file. (A remittance file is an electronic file provided by a payer. It contains info about the disposition of your claims and can be processed automatically by your software.)  The announcement gave the impression that this HIPAA mandate from October, 2002 – almost 10 years ago — was somehow brand new.

Today, doctors are concerned about Meaningful Use (if you’re unfamiliar with the term, read a brief overview here)… but it may not be the only important thing to evaluate when it comes to software. ECLIPSE is certified as a Complete EHR for Meaningful Use. But ECLIPSE incorporated features such as ANSI 835 & 837 electronic billing years ago when they were mandated by HIPAA — before we were “tested” to ensure we were helping you comply with the law. Suppose your software didn’t have adequate security features (also mandated by HIPAA) in 2010… and you were audited or sued? ECLIPSE has kept up with every relevant mandate since 1985. That’s a 25 year track record of meeting deadlines that affect how and whether you get paid, as well as how well protected you are.

So, the next time a sales rep tries to impress you with his/her company’s electronic billing expertise & capabilities, consider that, in 2003, before most HIPAA legislation went into effect, Blue Cross Blue Shield carriers across the United States arranged to do their initial claim testing with ECLIPSE as a partner, indicating that they’d “heard though the grapevine” that our personnel “knew what you were doing” and wanted to do their initial testing with ECLIPSE. We process millions of transactions for your colleagues every week and periodically re-certify our files to ensure compliance.

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Review of Systems

An initial case history typically includes a long list of symptoms related to every system in the body. Our clinical experience has demonstrated that doctors often have distinctly varied lists of items in their respective “Review of Systems” (ROS). These can be long lists containing 50-100+ items. Then, doctors normally ask follow-up questions about the issues that have been checked by the patient.

I know from conversations with colleagues that items I give great weight to during ROS are not on their radar – and the reverse is true as well.

The preface on the first Encounter is a good place to write a synopsis of the ROS. It might read: Review of systems from case history form revealed: positive for asthma (trigger:
pollen) controlled by medication; high blood pressure (Dr. Barnes, internist
monitoring) and enlarged prostate (Dr. Barnes, internist monitoring).

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Watch those CPT Codes!

You’re with a patient. More are in the waiting room. There’s a commotion. Men in uniform sweep into your office and a guy in a suit brandishes official looking paperwork in your face. As they execute their search warrant, they take photographs, your computer, and some patient files. Then they leave you in a state of shock.

Think I created the above scenario to get your attention? Sorry to disappoint you. I was — as is often the case — part of the aftermath. Once they take your computer, they come to me. Over the past decade, scenarios like this are becoming more common. And you won’t see your colleagues blog about it either. Once they’re caught in the spotlight, it’s all they can do to catch a breath.

It could have been local law enforcement, but it’s more likely state or federal. For instance: DHHS/OIG, better known as the Department of Health and Human Services, Office of the Inspector General.

I know what you’re thinking. This goes way beyond an audit. These doctors must have done some pretty brazen things to merit a search warrant! I’d never do anything like that. Criminal? Fraud? Not possible!

Guess again. It’s easier than you think. One of the simplest ways to head down the path ultimately labeled  “fraud” is your CPT codes. What problem could possibly result from your codes? Imagine that a CPT code you use regularly isn’t getting reimbursed. You’re buddy, Bob, let’s you know that he’s having better luck with a different code. Or perhaps your management consultant provides something better. The alternate doesn’t seem too different, so you switch. Later, this becomes part of your defense argument as you protest your innocence during talks over a two year period with the investigators sifting through your data.

Let’s look at an example. Suppose that 5 years ago you began using 97012 as part of your office visit to account for extended time with the patient. Today, you wonder why the investigators photograph your office as part of their intrusion. And later you learn they’re looking for mechanical traction equipment – which you don’t own. You tell your attorney that every chiropractor you know locally is using that code. Though the investigator is more sympathetic than you believe, her opinion is ultimately a simple one. At some point, it’s up to you to take responsibility for the CPT codes you submit on claim forms. And this code doesn’t reflect the service you actually provided. Since you don’t even own mechanical traction equipment, you committed fraud in the eyes of the investigator.
If you had provided extensive manual traction and recorded this in your notes regularly, you might convince the investigative team that the coding error was a mistake as opposed to fraud. Of course, that won’t relieve you of penalties and fines.

And let’s not forget about the future. One of the biggest potential problems you will have here is the damage to your reputation. In the above example, you can be sure that the investigators will interview your patients and get depositions to bolster their case for court or a plea agreement. Imagine what that does to the local grapevine.

The bottom line is: make sure you can justify the CPT codes you use daily.  Remember, if everyone is speeding on the highway, and you get pulled over because you’re doing it too…

Finally, everything you’ve read here is relevant to recent investigations – not hype to get your attention. Be careful out there.

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Performance in the Cloud

At 8am today, I created an electronic prescription — and managed to access the appropriate screens “in the cloud” in under 3 seconds. At 3:58pm, I needed to generate another prescription… and it took 20 seconds before the screen loaded. What’s going on?

At 8am in NY, the overwhelming majority of people on the West Coast were either asleep or getting ready to begin their day. Internet trraffic was light. And traffic across the prescription company’s web servers was probably light as well. By 4pm in NY, thousands of doctors (possibly tens of thousands) across the United States were all hitting the web server with prescription requests… and the volume began to overwhelm their web servers.

Anyone who has ordered something on the web and waited for their CC to get approved, or reviewed the TV lineup on DirecTV, or retrieved search lists on Amazon knows that –depending on time of day and other factors – the internet, as cool as it is, cannot always provide instant gratification.

The internet is portable. And it’s great for getting data (like today’s weather or your bank balance) fast anywhere. Unfortunately, it’s not as as great at getting lots of data fast — like when you need to review a patient’s account with hundreds or thousands of entries… or SOAP spanning a patient’s care over the past 6 months.

ECLIPSE offers the best of both worlds. Data such as educational resources, prescriptions and automated credit card storage – where performance isn’t generally time critical — are cloud based. Patients can even schedule their ECLIPSE appointments directly via the cloud. And providers can send updated data from their scheduler to the Google Calendar seamlessly in the background. But critical data, like the schedule for the entire week, or a patient’s account or EHR needs to be in front of you instantly — because seconds add up fast when patients are at the front desk, in the waiting room, and on the phone.

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Medication Reconciliation

As a computer professional with over 25 years of experience in health care, I spent months moving ECLIPSE through the maze to get it ONC-ATCB certified as a Complete EHR with CCHIT. I personally certified ECLIPSE on every possible measure, plowing through extensive test scripts and getting interpretations of test criteria from CCHIT and other sources.

Yesterday, a doctor told us that – when it comes to Medication Reconciliation (170.302j) – he’d rather take the word of all the “experts” he’s seen at seminars who indicated that he must perform medication reconciliation for all his patients.

So let’s examine the facts. First of all, once you own certified technology, the only things you’re responsible for reporting are covered in 170.302n – Automate measure calculation and 170.304j – Calculate and Submit Clinical Quality Measures. You may report on a subset of these – depending on your degree and scope of practice.

Next, let’s examine Appendix A from the CCHIT Automate measure calculation
test script. Here’s the only section that references medication reconciliation:

“The EP, eligible hospital or CAH who receives a patient from another setting of care or provider of care or believes an encounter is relevant should perform medication reconciliation”

Thus, medication reconciliation is performed if a patient meets one of 2 conditions:

  • The patient was referred by or otherwise transitioned from another physician to your care.
  • You think it’s necessary.

And the requirement for Stage 1 is as follows:

“The EP, eligible hospital or CAH performs medication reconciliation for more than 50% of transitions of care in which the patient is transitioned into the care of the EP…”

In other words, it’s not required that you actually perform any medication reconciliations unless your practice derives patients from physician referrals (or the patient switched doctors – which falls into the “you think it’s necessary” category in real life). And for patients who meet the criteria, if you perform the reconciliation for just over half of them, you’ve satisfied the requirement. Certified technology should handle both of the above situations and ECLIPSE is directly certified to perform medication reconciliation without 3rd party tools that require a subscription.

So… finally… how do you perform a medication reconciliation in ECLIPSE? Let’s return to the CCHIT test script language I used for the certification:

“Select an existing patient record and display two or more medication lists as separate lists. One list must be a current medication list in the patient’s electronic record.  Compare the two lists.”

ECLIPSE maintains a medication list internally as part of the patient’s EHR on the History tab. Simply right-click for the context-sensitive menu, change the view and compare. You’ve just performed a medication reconciliation.

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Safety & HIPAA in the Cloud

It’s unusual for a month to go by without a serious breach of some company’s or government’s data. For example, according to the New York Times, records for 1.7 million patients, staff members, and contractors at a NYC hospital were stolen recently.  Serious issues exist with regard to data security and privacy. Given HIPAA, these concerns are especially problematic for health care. An article in the January, 2011 issue of Communications of the ACM –Computer Science’s equivalent of the New England Journal of Medicine, noted that

“The problem of data privacy in general is of course well known, but cloud computing magnifies it”

along with

“Policies are a first step, but alone they are insufficient to prevent cloud service providers from abusing the data entrusted to them.”

All other considerations aside – and there are many on both sides of the equation – given the fines for HIPAA violations, I’m not ready to commit my data to someone else’s computers.

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