How to say no to what seems like fraudulent billing?

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quickpsych

Clinical Psychologist
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I work part time for one of those companies that provides psychologists and LCSWs to skilled nursing facilities and long term living facilities. Overall not bad work, company is generally fine to work with, and switching to FFS has made the workload much more flexible and enjoyable. I spend most of my time at these facilities doing initial brief evaluations.

Over time I learned that PHQ-9s are "very important" to these facilities as their results increase or decrease government money and reimbursement rates to these facilities. Naturally with private equity's hands all over these places, they want more and more.

My company comes in and includes these PHQ-9s in brief evaluations and such. They also tell facilities we'll do them as needed. As FFS usually we get paid a few bucks to do each one (if it's not included in the evaluation for whatever reason). But my company doesn't get anything from it, they can't bill for it. So I get informed recently they're no longer paying for them, but the facilities still need them and we should still be doing them. Apparently the finance department at my company noticed the company loses money on these when having to pay clinicians to complete them. The arrangement of this whole thing is my company charges $0 to these facilities , instead just billing for all the services we, the clinicians provide, then collecting revenue from insurance billables.

Obviously the private equity folks love this, they can offer "psychological services" as a benefit and feature to patients without spending a penny. So the burden is on my company to bill, baby, bill!.

Thus enters the clinical and ethical dilemma. My company can bill for brief individual therapy sessions as well as evaluations. They even have a therapy note in their EHR that includes the PHQ-9. So they say "well you can earn more AND keep doing PHQ-9s, just do them as individual session notes!"

The problem, as I see it, is most of these patients don't need therapy. And most during the evaluation will politely decline follow up sessions during their stay. Which is certainly within their rights as a patient. And the EHR documents this so if you do create an individual therapy session note , that shows in the note. Not to mention you need to identify a billable diagnosis, a treatment plan, and write up observable evidence of patient engaging in and benefitting from said session. You also need to state a reason for having the session (which could be as simple as facility requested patient be seen due to recent panic attacks or patient reported depression and sadness) but one of the billable reasons is not "to complete PHQ-9."

Fortunately I'm not beholden to productivity quotas (a big reason why I went from salaried to FFS to keep my sanity lol) , but there's increasing pressure to "do more PHQ-9s!" without them paying us to do them and instead suggesting we create billable events to add the PHQ-9s into. What's ironic here is the facilities actually have salaried staff that do PHQ-9s , but I was told a problem is the administration of these are haphazard and the facilities were unhappy with their own in house results ,so found outside results seem to be more beneficial.

Thoughts on how to navigate this because this seems a bit unethical to suggest? Basically what's a professional way to say, I guess there'll be less PHQ-9s being done if there's no compensation for doing them and creating therapy sessions with patients to do them isn't the way.

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I'm a little confused as to what you are actually billing. What services do you provide, and what codes do you bill? And, PHQ-9's are not proprietray as far as I know, so who is paying singularly for these?>
Mostly 90791s and 90832s, some 90833s.

Company was paying us for our time spent administering PHQ-9s when they were not part of a service. The salaried clinicians are given credit towards their productivity quotas, FFS was getting a few bucks each one. Company can’t bill for them and was trying to provide compensation for doing them, which I agree with as I don’t work or provide services for free here. Now company no longer wants to pay for these to be done but still wants them to be done. Company suggests we bill a 90832 and do a therapy session while doing phq9 to ensure phq-9s are being done regularly to make facilities happy even if the patient isn’t due for an evaluation or isn’t already being seen for therapy.

On PHQ-9s being free to use , yes they are. However to clarify facilities like these aren’t necessarily using them for the diagnostic and treatment purposes , they’re using them because there’s some federal Medicare metric that gives facilities more money if they have higher census of higher PHQ9 scores. I don’t work for the facilities btw.
 
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The only thing phq-9s will get you is MIPS points which will avoid a reduction in payments for billed services. You are likely providing these PHQ-9s as a goodwill gesture because facility needs it for MDS (as you know).

As far as what to do, just refuse to do the PHQ-9 in those cases that a patient refuses services and don't bill fraudulently. If the company wants goodwill with the facility, they can resume paying you to do them. If not, it is their business decision to stop it.
 
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The only thing phq-9s will get you is MIPS points which will avoid a reduction in payments for billed services. You are likely providing these PHQ-9s as a goodwill gesture because facility needs it for MDS (as you know).

As far as what to do, just refuse to do the PHQ-9 in those cases that a patient refuses services and don't bill fraudulently. If the company wants goodwill with the facility, they can resume paying you to do them. If not, it is their business decision to stop it.
Spot on. It's basically a goodwill service to sweeten the deal for facility company to give my company access to billable patients.

I agree it makes sense to do exactly that, refuse to complete them if the patient refuses or has refused services. Just do the ones I already see for sessions or the new admits.

The only problem I foresee, and this seems to be a theme among many companies (both in this niche and outside) that the midlevels run the places and the midlevels also do a lot of the work; and they happily just "make these sessions billable" because the company said so. So the expectation is "why wouldn't you do this, you get more money, we get more money, the facility gets what it wants, and patients get a service!" Ironically the managers seem to agree with not billing for the sake of billing, but the bean counters were concerned about paying for people to do non-billable services.

I looked more into it, and it appears they tell the facilities these "sessions" are "brief re-evals for re-admits" in other words patients who had an eval done in last few months, too soon to bill for a re-eval , but facilities need this MDS data sooner. Funny thing is, it hadn't been an issue until the bean counters told us we would no longer be paid to to do these stand alone PHQ-9s lol. Every party was chugging along with the arrangement as it was lol.

Example #834 of why @PsyDr is not someone's employee. :rofl:
Funny you mention that. I don't know @PsyDr but I share their enthusiasm for using absurd humor to make an example.

Years ago I had a midlevel manager at an old job upset about something. They kept going "I don't understand why you can't just do this thing" which was something I was already doing and was fine to do. I quoted the movie Super Troopers where the officer goes "pull over!" and the guy goes "I am pulled over officer, I can't pull over any further!." The manager goes "I don't know what that movie is." Then goes "but the thing is, like the officer in that movie, I can tell you what to do because my name is on the manager sign on the door so that's reason enough to do what I'm telling you to do" and the whole point I made went over her head.
 
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Spot on. It's basically a goodwill service to sweeten the deal for facility company to give my company access to billable patients.

I agree it makes sense to do exactly that, refuse to complete them if the patient refuses or has refused services. Just do the ones I already see for sessions or the new admits.

The only problem I foresee, and this seems to be a theme among many companies (both in this niche and outside) that the midlevels run the places and the midlevels also do a lot of the work; and they happily just "make these sessions billable" because the company said so. So the expectation is "why wouldn't you do this, you get more money, we get more money, the facility gets what it wants, and patients get a service!" Ironically the managers seem to agree with not billing for the sake of billing, but the bean counters were concerned about paying for people to do non-billable services.

I looked more into it, and it appears they tell the facilities these "sessions" are "brief re-evals for re-admits" in other words patients who had an eval done in last few months, too soon to bill for a re-eval , but facilities need this MDS data sooner. Funny thing is, it hadn't been an issue until the bean counters told us we would no longer be paid to to do these stand alone PHQ-9s lol. Every party was chugging along with the arrangement as it was lol.

If the CEO does not like it, tell them to go back to school, get a PhD and become licensed. If the clinical director does not like it (and is licensed), tell them to put it in writing so it can be provided to Medicare/the state board in the event of an audit. That will shut them up quickly. If they are dumb enough to do it, wait a little while then whistleblow to CMS. You get a percentage of the fraudulent billing taken back, iiirc.
Funny you mention that. I don't know @PsyDr but I share their enthusiasm for using absurd humor to make an example.

Years ago I had a midlevel manager upset about something. They kept going "I don't understand why you can't just do this thing" which was something I was already doing and was fine to do. I quoted the movie Super Troopers where the officer goes "pull over!" and the guy goes "I am pulled over officer, I can't pull over any further!." The manager goes "I don't know what that movie is." Then goes "but the thing is, like the officer in that movie, I can tell you what to do because my name is on the manager sign on the door so that's reason enough to do what I'm telling you to do" and the whole point I made went over her head.

Eh, that is only true in some cases. I ripped my last manager a new one because they did not know the billing code and I did. Turns out I was right.
 
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Example #834 of why @PsyDr is not someone's employee. :rofl:
On a serious note: Historically, healthcare settings treated psychologists and physicians as “the boss”. At some point, we transitioned into being “employees”. As a way to reduce salaries, employers tried to de-emphasize the differences between the professionals. We all just went along with it, getting further away from institutional respect, until we can’t even speak to the people making decisions.

I understand the issues with my behavior. It’s a personal choice, based upon personal values, and where I am financially and professionally.
 
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On a serious note: Historically, healthcare settings treated psychologists and physicians as “the boss”. At some point, we transitioned into being “employees”. As a way to reduce salaries, employers tried to de-emphasize the differences between the professionals. We all just went along with it, getting further away from institutional respect, until we can’t even speak to the people making decisions.

I understand the issues with my behavior. It’s a personal choice, based upon personal values, and where I am financially and professionally.


I agree with this sentiment. Physicians, in many areas, have had to deal with the impact of technology and increasing infrastructure costs on their private practice models. This is less of an issue for us and the big positive I see for our profession. The Average Joe with decent personal finance skills can still open a PP.
 
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If the CEO does not like it, tell them to go back to school, get a PhD and become licensed. If the clinical director does not like it (and is licensed), tell them to put it in writing so it can be provided to Medicare/the state board in the event of an audit. That will shut them up quickly. If they are dumb enough to do it, wait a little while then whistleblow to CMS. You get a percentage of the fraudulent billing taken back, iiirc.

Eh, that is only true in some cases. I ripped my last manager a new one because they did not know the billing code and I did. Turns out I was right.
It's funny because when one pushes the issue, they usually do 'back off" once they realize or should have realized what they're suggesting be done isn't correct or legitimate to be done.

On a serious note: Historically, healthcare settings treated psychologists and physicians as “the boss”. At some point, we transitioned into being “employees”. As a way to reduce salaries, employers tried to de-emphasize the differences between the professionals. We all just went along with it, getting further away from institutional respect, until we can’t even speak to the people making decisions.

I understand the issues with my behavior. It’s a personal choice, based upon personal values, and where I am financially and professionally.
Well IMO they still should be. Used to work at a place ,where when I was training there, where psychologists ran the place. Went back a few years later as a full time job, the psychologists were just "staff" and non healthcare professionals ran the place. Needless to say it was a very different place.

I sometimes rock the boat at places I collect pay from. Some places get it , some don't. I don't demand institutional respect as a psychologist but I do expect a certain level of it as well all should.
 
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