Medically Unnecessary PT services in SNF

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DrRehab

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To all currently practicing therapists out there,

I am in a place of concern right now, and would like to get some feedback from current therapists out there. I currently work at a SNF and would like to see if this is a problem that is rampant throughout skilled nursing facilities. Currently, the SNF I work at takes all forms of insurance, from commercial insurance plans to Medicare A, B, etc. As many who work in a SNF know, many of the commercial plans like blue cross blue shield, United, Aetna, Coventry, provided limited funds for PT services. Due to this, if a patient's insurance provider believe the PT services are unnecessary or no longer justifiable, they refuse further PT services and we discharge them.

My problem comes from Medicare Part A. The facility I work for CONSTANTLY wants us to provide services for the 100 days that are paid by Medicare because, well, frankly, it pays the facility big bucks. Recently I have had patients who are making absolutely NO PROGRESS and are no longer justifiable to keep on therapy services. When I go to discharge a patient from my services, the administrator and rehab director give me the runaround and say, "you can't d/c a patient from PT services! It has to be approved by the physician, then a cut-letter written by the social worker, and THEN you can discharge the services!" Well, here is the problem. The physician rarely comes to facility, and the social worker is always weeks late on his work. If the physician DOES come to the facility, he is usually too busy, and tells the therapist, "I will get to the discharge when I can." Where does this leave me and the other therapists? We are forced to provide services for weeks beyond what we believe is appropriate. I am to the point where I am going to tell the facility, "I refuse to treat this patient. If you tell me I have to, then I quit."

When I ask my fellow PTs about problems like this, they all say, "Oh yeah, I work in a SNF too, same problem. I treated a patient for 100 days who was practically in a coma because the doctor never signed the discharge paperwork." Well, when the refusal letters start showing up and Medicare starts calling out "FRAUD! FRAUD!", who is it that is going to have to explain themselves? The physician, or the therapists who keep treating patients when they believe it to be medically unnecessary and unjustifiable?

This is the one thing that makes me want to work in a hospital or outpatient facility. At those facilities, If you believe the patient will not make any more gains, its up to YOU, the autonomous and independent practitioner to make that judgement. At a SNF, the MD has all the power, even to decide whether or not he believes you should keep performing PT treatments when YOU, as the PT, believe its not right.

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To all currently practicing therapists out there,

I am in a place of concern right now, and would like to get some feedback from current therapists out there. I currently work at a SNF and would like to see if this is a problem that is rampant throughout skilled nursing facilities. Currently, the SNF I work at takes all forms of insurance, from commercial insurance plans to Medicare A, B, etc. As many who work in a SNF know, many of the commercial plans like blue cross blue shield, United, Aetna, Coventry, provided limited funds for PT services. Due to this, if a patient's insurance provider believe the PT services are unnecessary or no longer justifiable, they refuse further PT services and we discharge them.

My problem comes from Medicare Part A. The facility I work for CONSTANTLY wants us to provide services for the 100 days that are paid by Medicare because, well, frankly, it pays the facility big bucks. Recently I have had patients who are making absolutely NO PROGRESS and are no longer justifiable to keep on therapy services. When I go to discharge a patient from my services, the administrator and rehab director give me the runaround and say, "you can't d/c a patient from PT services! It has to be approved by the physician, then a cut-letter written by the social worker, and THEN you can discharge the services!" Well, here is the problem. The physician rarely comes to facility, and the social worker is always weeks late on his work. If the physician DOES come to the facility, he is usually too busy, and tells the therapist, "I will get to the discharge when I can." Where does this leave me and the other therapists? We are forced to provide services for weeks beyond what we believe is appropriate. I am to the point where I am going to tell the facility, "I refuse to treat this patient. If you tell me I have to, then I quit."

When I ask my fellow PTs about problems like this, they all say, "Oh yeah, I work in a SNF too, same problem. I treated a patient for 100 days who was practically in a coma because the doctor never signed the discharge paperwork." Well, when the refusal letters start showing up and Medicare starts calling out "FRAUD! FRAUD!", who is it that is going to have to explain themselves? The physician, or the therapists who keep treating patients when they believe it to be medically unnecessary and unjustifiable?

This is the one thing that makes me want to work in a hospital or outpatient facility. At those facilities, If you believe the patient will not make any more gains, its up to YOU, the autonomous and independent practitioner to make that judgement. At a SNF, the MD has all the power, even to decide whether or not he believes you should keep performing PT treatments when YOU, as the PT, believe its not right.

There's BS like this in all settings but from my experience SNF's take the cake. There's not really any respect for physical therapists rights in SNF's, or a patient's right to refuse. Make sure you know the laws and rules that govern physical therapy in your state and practice accordingly. My bet would be that you are responsible if you are writing progress reports saying to continue and you are committing fraud if you're billing fees inappropriate for services rendered or for services not indicated or of no benefit to the patient. You are a professional and it's your job to make judgements about the POC including when to D/C, if you disagree with continuing then that's the way it is, the DOR or CM or MD is not in charge of PT no matter what anyone says. There may be facility policy/procedure and insurance regulations that contradict the law, but the law and the board that licenses you is who you are answerable to. Even with medicare patient's, you decide when to D/C, no exceptions. Again there will be inappropriate behavior among employers and referral sources but the law is the law. Who in there right mind who knows anything thinks anyone but the PT should have the ultimate say anyway? You are also responsible for PTA practice patterns and billing (the one's you supervise). This can be difficult given the tendency in SNF's for PTA's to do whatever they feel like and masquerade as PT's.

Anyway, if you want to keep your job refuse to see the patient and:
Report it to your state board and the state agency that licenses the SNF facility, and to medicare.
Or, write up a D/C report and order, take your chances with your job and report any other instances.
And I'd suggest getting a mentor you trust and talking to them about it (i.e. one of your old professors).
 
Well said FiveO. We are responsible for our license. If a patient is not appropriate, I discharge them. An ethical nursing home will go with your recommendation. if they are bucking that and going strictly for the $$ then run and run fast.
 
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Excellent post indeed FiveoBoy. I am surprised by what you say truthseeker, that "if they are bucking that and going strictly for the $$ then run and run fast." By that definition, no PTs would exist in the SNF. Every single SNF I have been to, including all the SNFs my fellow PTs have worked at, have had this problem. Here is the problem with just discharging a patient. At the facility I work out, all of our documentation is done electronically. The ability to discharge a patient is not open to us as therapists. The discharge note becomes an OPEN note only AFTER the facility opens it for the therapist to be able to fill it out. As the PT, i am unable to just open a discharge a note, fill it out, and sign it off.

Its so effin cruel.
 
I'm currently doing a clinical in a SNF. Do you all recommend working in a different setting after I graduate? As this thread shows, it doesn't seem our scope of practice or independence is as great in a SNF as it is in other settings. Will I be able to develop my skills and grow as a PT in a SNF?
 
Dr rehab,

I understand your confusion. The responsibility of following the state practice act is the PTs. If the facility is countermanding the PTs authority to treat patients ethically then the PT needs to file a formal complaint with their employer, if that shows no promise of changing things, then a complaint to their state board. If everyone simply says, "no, I won't do that" and leaves, either the SNFs will have to change their tune or they won't have enough PTs/OTs/SLPs to provide services.

So, yeah, maybe all SNFs should close their rehab departments if they behave like that. Some of it is CMS's fault because of the lack of discretion they allow anyone other than a physician. Some if it is the nursing model where they don't say "boo" without an order. As soon as PTs start behaving like nurses from the old days (all due respect) and become technicians, all professionalism is lost.
 
Yep! It seems to be getting worse as the census at the facility has slowed. Seems they are holding on for dear life to every patient they can.

don't mean to troll, but you're considering going DO?
 
I keep my options open at all times. Have considering everything from D.O. to electrical engineering! I dont imagine myself in one career my whole life.
 
I'd echo what others have said: Your patient, your POC, your license, your decision whether or not the patient is appropriate for PT services. I ran into the same problem when I worked in a SNF (for the money so I could pay off loans but really did love the patients). Anyway, when the rehab director and Administrator started questioning me on why I wasn't RUG'ing patients higher and trying to keep the patient there longer, the writing was on the wall for me. When they continued to do so and "treatment minutes" started getting dictated to me, I knew I had to get out. What stopped, what I perceived and still do, the harassment, was me mentioning that my name was on the POC, that appropriate minutes were documented in both daily and weekly progress notes, had outcomes and research to back up my decisions, and the casual mention that the "State board would probably side with me, as well as CMS if it came to it."

Unfortunately, the patients in the SNFs are in a bad spot. Some end up with no Med A coverage because unethical and immoral facilities propagate the chase for the "big buck." Most get poor quality care. SNFs are arguably the worst offenders in healthcare. Not a fan of SNF system.
 
Thank you all for your advice. I spoke to my rehab director about my concerns and she helped calm it all down a bit. Assured me she will assist with discharges and all that junk. The only problem is that in Florida, Medicare rules state that a physical therapist can not d/c a patient without a physicians approval and sign-off. This was the part I had no idea about. My boss explained to me that I can say I want to discharge a medicare patient all day long, but it will only happen if the MD signs off first. This goes back to not having any say. Sheldon, I even used the "my patient, my POC, my license, my decision if it is appropriate," and she explained to me that it was not true. Went above her and spoke to a law and ethics professor and she seconded my bosses position, telling me it is true that I can not d/c the patient without an MD approval first, kind of like a nurse requesting the MD to not give a medication to a patient that does not appear to work. I have strong say, but not final word in treatment. I hope this is just a florida thing....
 
Medicare is a federal program, so I think it would be unusual to have additional rules that are state-specific - such as a PT needing a MD's sign-off to discharge a patient from physical therapy. Have you looked into the PT Practice Act for FL to verify what your rehab director said? (I am asking, not questioning). This may be useful for those of us who will eventually work in a SNF environment.
 
Thank you all for your advice. I spoke to my rehab director about my concerns and she helped calm it all down a bit. Assured me she will assist with discharges and all that junk. The only problem is that in Florida, Medicare rules state that a physical therapist can not d/c a patient without a physicians approval and sign-off. This was the part I had no idea about. My boss explained to me that I can say I want to discharge a medicare patient all day long, but it will only happen if the MD signs off first. This goes back to not having any say. Sheldon, I even used the "my patient, my POC, my license, my decision if it is appropriate," and she explained to me that it was not true. Went above her and spoke to a law and ethics professor and she seconded my bosses position, telling me it is true that I can not d/c the patient without an MD approval first, kind of like a nurse requesting the MD to not give a medication to a patient that does not appear to work. I have strong say, but not final word in treatment. I hope this is just a florida thing....
Can we please cite the law thats says the PT needs an MD to sign off on a D/C thru medicare? I'm aware that a physician must certify a PT POC for reimbursement but for legality? That is based on state law. Facility policy and procedure so they can get paid and get paid more is not a law. Making stuff up to one's own satisfaction when it's convenient for you also is not a law. ? Consider asking one of your PT professors and the florida chapter of the APTA and the state board. If they agree with your DOR then move out of florida and make sure everyone knows why.

I'll continue to D/C patient's when I see fit, medicare or otherwise.
 
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