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The compliance date for the new Federal Trade Commission’s (FTC) “Red Flags Rule” is this Friday, May 1, 2009. As of this date, physicians should be certain that their practices have policies in place to identify, detect and respond to potential risks of identity theft.
In November 2007, the Federal Trade Commission issued a set of regulations, known as the “Red Flags Rule,” requiring that certain entities develop and implement written identity theft prevention and detection programs to protect consumers from identity theft. In response to FTC staff indications that the rule would apply to physician practices, the AMA expressed its concerns and successfully delayed implementation of the rule until May 1, 2009.
The American Medical Association (AMA) worked diligently to persuade the Federal Trade Commission (FTC) that physicians are not “creditors” and therefore should not be subject to the Red Flags Rule. The AMA plans to continue to try to convince the FTC to exempt physicians from this rule. In the interim, they have prepared a guidance document, along with sample policies, so that members can incorporate a simple identify theft prevention and detection program into their existing compliance and HIPAA security and privacy policies.
The FTC believes that physicians extend credit by allowing deferred payment until services are rendered and insurance is collected. The AMA feels that the FTC interpretation is inconsistent with the intent or scope of the enabling legislation. Per the FTC, physician practices who accept insurance or allow payment plans are covered under the Red Flag Rule and must have adequate policies and procedures in place by May 1, 2009.
The Red Flags Rule requires that organizations have “reasonable policies and procedures in place” to identify, detect and respond to identity theft “red flags”. The definition of “reasonable” will depend on the practice’s specific experience with medical identity theft as well as the degree of risk for identity theft in your practice. These policies and procedures should complement the physician practice’s existing HIPAA privacy and security policies and procedures.
Earlier this month, the AMA released a sample policy to help physicians incorporate a simple identity theft prevention and detection program into their existing compliance and HIPAA and privacy policies. Additional information on the Red Flags Rule may be found on the AMA’s Practice Management Center Web site at www.ama-assn.org/go/pmc under “Red Flags Rule resources.”
In response to the many questions that our physician practices have regarding the new Red Flags Rule, the WVSMA has added a special session to the May 14th Physician Practice Management Conference at the Charleston Marriott. Come prepared to have your questions answered!
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The AMA recently launched an online learning center in order to help physicians and practice managers make informed decisions about electronic prescribing, also known as ePrescribing. With vast educational content and interactive tools, this convenient resource allows users to assess ePrescribing technology at their own pace in an impartial environment.
Aspects of the learning center include complete and unbiased coverage of ePrescribing system vendor pricing and features, calculators to estimate potential time savings and determine Medicare ePrescribing incentive payments, the latest information on federal and state programs offering ePrescribing incentives, and readiness and planning tools to help physicians map out an implementation plan.
You may visit www.ama-assn.org/go/eprescribing to access the learning center.
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The West Virginia Center for Patient Safety has been recognized as one of the nation’s leaders in patient safety by the federal Agency for Healthcare Research and Quality, which has approved its Patient Safety Organization (PSO) application.
As a PSO, the West Virginia Center is authorized to collect, aggregate and analyze health care data provided by partnering medical facilities and initiate projects to improve care in a non-punitive environment. The Center’s goal is to continuously improve safety and quality of care for West Virginia health care consumers.
The Center is a partnership of the West Virginia Medical Institute (WVMI), the West Virginia Hospital Association (WVHA) and the West Virginia State Medical Association (WVSMA). The three organizations formed the Center at the conclusion of the West Virginia Patient Safety Project, a successful three-year AHRQ funded grant focused on using technology to improve safety in rural hospitals.
WVMI Chief Executive Officer John Wiesendanger said all three organizations are enthusiastic about moving forward with the important work of improving patient safety in West Virginia.
“Our state has made great strides in patient safety, and the work of the Patient Safety Center advances our efforts to improve the health care of the people we serve.”
WVHA President and Chief Executive Officer Joseph Letnaunchyn agreed.
"This PSO designation for our Center will provide a mechanism for West Virginia's hospitals to continue the great work they have already started on patient safety initiatives."
WVSMA Executive Director Evan Jenkins said the partnership provides the opportunity for each organization to positively impact West Virginia’s health care consumers.
“At the core of each of our organizations’ missions is the commitment to protect and enhance, to the greatest extent possible, the safety of our patients. In this era of increased attention on health care reform, our three organizations working together through the newly established West Virginia Center for Patient Safety recognize that the safety of the people served by our state’s health care system is a priority concern. We are honored to have received the PSO designation and look forward to broadening our activities and services throughout West Virginia.”
The federal Patient Safety and Quality Improvement Act of 2005, also known as the Patient Safety Act, authorized the creation of PSOs to reduce the incidence of events that adversely affect patients. More information about PSOs can be found at the AHRQ Web site: www.ahrq.gov. or contact Patty Ruddick at WVMI at 346-9864 ext. 4211 or pruddick@wvmi.org.
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West Virginia has been involved in a federal initiative to encourage participation in electronic health exchange by providing information about privacy and security to health care providers.
The Health Information Security and Privacy Collaboration Provider Education Toolkit, provides educational resources for health care providers interested in understanding electronic health information exchange and security and privacy best practices.
The Web-based tool, found at www.Secure4Health.org offers physician to physician advice, resource links, and answers to frequently asked questions from national health care subject-matter experts. Health care providers can also earn free continuing medical education credits while learning more about electronic health information exchange, electronic health record systems, and related privacy and security benefits and challenges.
The Provider Education Toolkit is the result of the work completed by the Health Information Security and Privacy Collaboration, a multi-year project launched in 2006 by the U.S. Department of Health and Human Services.
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If you’ve not yet ordered your free tamper resistant prescription pads or laser paper, you should do so now while there are still grant funds available. An order form is available online at the WVSMA website, www.wvsma.com or by contacting the WVSMA office.
If you have questions about the order form, you should contact Standard Register’s toll free prescription line (1-866-741-8488). If you have other questions about this grant program, please contact Barbara Good, WVSMA Physician Practice Advocate and Tamper Resistant Prescription Pad Project Manager, at (304) 925-0342, ext. 11, or via email (Barbara@wvsma.com).
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CMS will be hosting a conference call on ICD-10 on Tuesday, May 19, 2009, from 1:00pm - 2:30 pm EST. The call will focus on the General Equivalence Mappings (crosswalks between ICD-9 and ICD-10). All are welcome to join the call but you must register for it. The precise link to register can be found be going to: http://www2.eventsvc.com/palmettogba/register/2a9934eb-f024-4902-820e-bdabc3cc603b. Registration closes at 1:00 pm EST on May 18. The topics that will be covered on the call include:
• An overview of the ICD-10 final rule, which requires the implementation of ICD-10-CM/PCS on October 1, 2013;
• The differences between ICD-9-CM and ICD-10-CM/PCS codes;
• The use of the General Equivalence Mappings that have been created to assist in converting policies, edits, and trend data from ICD-9-CM to ICD-10-CM/PCS; and
• The resources that are available to assist in planning for the transition from ICD-9-CM to ICD-10-CM/PCS.
Conference call discussion materials and registration information may be accessed at http://www.cms.hhs.gov/ICD10/07a_2009_CMS_Sponsored_Calls.asp.
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April 29, 2009
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