Friday, January 23, 2015

Submitting Medical bills into Evidence—Illinois Collateral Source Rule



To submit medical bills into evidence at trial in Illinois it is typically required to show that the medical services provided and charges incurred were usual, customary, and reasonable.  To demonstrate the reasonableness of the provided services and the charges of those services it is often necessary to introduce the testimony of a person with knowledge  of both the medical necessity of the services rendered and the understanding of  usual  and customary charges for those services.

Many times the medical appropriateness of the services provided is introduced by the medical providers themselves or by providers within the same discipline.  These individuals are not always the best choice to demonstrate the appropriateness of the billed charges.
This analysis necessitates understanding the environment of the services rendered, in addition to healthcare reimbursement practices and methodologies
Complex System
The healthcare reimbursement system is complex with multiple layers culminating in both the billed price and the price that is ultimately reimbursed.  The process varies with each place of service.  A thorough understanding of the ICD (diagnosis medical record or the medical bills is fraught with a number of hurdles.  A HIPPA compliant release of information is the first tool.  The next step is identifying the individual within the facility or provider’s office that has the authority to release the record and the bills.  Within many facilities and large offices these are two different individuals.  A few well-placed calls to the provider will disclose the contact name and number and the process for requesting the information.  

As previously mentioned providers periodically change billing systems and methods.  You will be told the UB no longer is available.  To avoid this inevitable response it is prudent to request the medical bills periodically throughout a long treatment cycle or as soon as possible at the end of treatment.  A gentle reminder that UB must be supplied to the insurance carrier or the workers compensation provider to obtain payment for services may help to overcome a reluctant participant.  It may not hurt to remind them that HIPPA states the patient is entitled to obtain their entire PHI (protected health information). Ultimately, a subpoena may need to be issued to obtain the completed medical and billing records.  With proactive preparation and a qualified medical bill reviewer your bills will find their way to trial.

                                                                      Preparation… 
When enlisting the assistance of an individual to attest to the usual, customary and reasonableness of the medical bills the following documents should be obtained from the providers:
  • CMS-1500 claim form for all professional bills (sometimes referred to a HCFA - the previous name for the CMS-1500 claim form)
  • UB claim for all facility claims (UB92 or UB04 are acceptable)
  • A dental Claim form from all dental providers
  • Obtain an itemized statement from any ancillary service (durable medical equipment, pharmacy, transportation service, or medical supply company)
  • Inform the provider that you are seeking all the procedure codes associated with the services rendered
Next…

It is necessity to obtain all corresponding medical records if it is determined that the person who will testify to the reasonableness of the bills will also be the individual responsible to attest to the appropriateness of the services provided. The medical reviewer will then be able to identify if the services provided are related to the injury of record, are appropriate to care for the diagnosis/ diagnoses, are medically necessary, and are actually documented as provided. 

Hurdles and Hope

The process of obtaining the necessary information for the medical reviewer to adequately assess the medical record or the medical bills is fraught with a number of hurdles.  A HIPPA compliant release of information is the first tool.  The next step is identifying the individual within the facility or provider’s office that has the authority to release the record and the bills.  Within many facilities and large offices these are two different individuals.  A few well-placed calls to the provider will disclose the contact name and number and the process for requesting the information.  

As previously mentioned providers periodically change billing systems and methods.  You will be told the UB no longer is available.  To avoid this inevitable response it is prudent to request the medical bills periodically throughout a long treatment cycle or as soon as possible at the end of treatment.  A gentle reminder that UB must be supplied to the insurance carrier or the workers compensation provider to obtain payment for services may help to overcome a reluctant participant.  It may not hurt to remind them that HIPPA states the patient is entitled to obtain their entire PHI (protected health information). Ultimately, a subpoena may need to be issued to obtain the completed medical and billing records.  With proactive preparation and a qualified medical bill reviewer your bills will find their way to trial.   By Barbara King, BSRN, QMRP, CPC, MSCC


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