May 30, 2023

Volume XIII, Number 150

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May 30, 2023

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May 29, 2023

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CMS Takes Steps to Lower SNF Medicare Payment Error Rates

With the Medicare Comprehensive Error Rate Testing program projected error rate for skilled nursing facilities (SNFs) showing a significant increase in 2022 (15.1%, up from 7.9% in 2021), the Centers for Medicare and Medicaid Services (CMS) has instructed each of its Medicare Administrative Contractors (MACs) that review SNF Medicare claims to initiate a five-claim probe and educate medical review for each SNF in the MAC’s jurisdiction.

CMS surmises that the source of the increase in improper payments may lie with the change from resource utilization group (RUG) IV to the patient driven payment model (PDPM) and has noted that the primary root cause of SNF errors is missing documentation. 

MACs are instructed to implement the five-claim probe on a rolling basis beginning with the top 20% of SNFs that show the highest risk. If any improper payments are identified, the MAC will adjust (or deny) the claim(s) and offer either widespread education or 1:1 individualized education depending on the error rate. 1:1 education will include claim specific information and allow the SNF to review the claim decision, ask questions and receive feedback.

Beginning June 5, 2023, SNFs nation-wide should be on the lookout for a prepayment probe and educate record request from the MAC and be prepared to respond within 45 days. 

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Copyright © 2023, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume XIII, Number 143
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Lourdes Martinez New York Corporate Attorney Sheppard Mullin
Partner

Lourdes M. Martinez is a Partner in the Corporate Practice Group in Sheppard Mullin's New York office.

Lourdes' practice includes defending clients in criminal, civil and regulatory government actions; assisting clients in implementing both fraud and abuse and HIPAA compliance programs; and advising clients on a wide array of compliance, regulatory and business matters.

She has defended clients in federal False Claims Act cases, quality of care cases, physician licensing matters and federal, state and other third-party...

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Carmen Jule Government Contracts Lawyer Sheppard Mullin
Special Counsel

Carmen Jule is special counsel in the Government Contracts, Investigations and International Trade Practice Group in the firm's New York office.

Carmen’s practice includes routinely advising a broad range of healthcare providers in criminal, civil and regulatory government actions. She has represented clients in connection with licensure, professional conduct, governmental audit and administrative proceedings.  She regularly counsels clients on applicable federal and state regulatory issues, including Medicare and Medicaid reimbursement rules...

212-653-8198