name conference october 20061 medicaid in schools coverage, reimbursement, and time studies current...

NAME Conference October 2006 1

Medicaid in SchoolsCoverage, Reimbursement, and Time Studies

Current Issues and Hot Topics

Centers for Medicare & Medicaid ServicesMelissa Harris – Health Insurance Specialist

Linda Tavener – Technical Director

Judi Wallace – Health Insurance Specialist


Coverage of School Based Services

Melissa Harris

Disabled and Elderly Health Programs Group


There are Three Facets to SBS:

Time Study Methodology

Coverage

Reimbursement


Legislative BackgroundThree Federal Laws Have Impacted Medicaid Coverage of Children in Schools

1965. The Early and Periodic Diagnostic, Screening, and Treatment Service (EPSDT)

1975. The Education for All Handicapped Children Act (now the Individuals with Disabilities Education Improvement Act of 2004 – IDEA 2004)

1988. Section 1903(c) of the Act – Medicaid payment for IDEA services


Medicaid Rules

There is no service category in Medicaid entitled “school-based services,” or “early intervention services,” or Individualized Education Program (IEP) services

To be eligible for payment by Medicaid, services must be included among those listed in Title XIX, section 1905(a)

Services must be in the regular State plan, which is available to all Medicaid beneficiaries, or available under the EPSDT service in the State plan, which makes services available to children 0-21

Health services delivered in schools covered by Medicaid must be defined in terms of Medicaid’s statutory and regulatory requirements


School Rules

IDEA 2004 provides children with disabilities with a “free and

appropriate public education,” including special education and “related

services,” which could include speech-language pathology and

audiology services, psychological services, physical and occupational

therapy, social work services, school nurse services, etc.

Under IDEA, these are aimed “to assist a child with a disability to

benefit from special education”


Sometimes, the twain shall meet

As long as Federal Medicaid requirements are met, Medicaid may pay for medical services available in schools, provided pursuant to an IEP.

Some of these Medicaid services may be offered as part of a disabled child’s free and appropriate public education.


Medicaid Services that might be delivered in the school setting Physical therapy Occupational therapy Services for individuals with

speech, hearing, and language disorders

Rehabilitative services Preventive services Screening services Private duty nursing services Personal care services Case management services


PAYOR OF LAST RESORT

Medicaid has always been intended to make payment for the health care costs a person actually incurs, and would be unable to meet in the absence of such coverage

As a public assistance program, Medicaid will pay for services only after a beneficiary’s other health care resources are depleted

because Medicaid is the…”payor of last resort”


What is Third Party Liability?

Third party liability is based upon the premise that another entity or program, in addition to Medicaid, is legally liable to reimburse for Medicaid covered services.

Examples of third parties which may be liable to pay for services include employment-related health insurance, court-ordered health insurance derived by non-custodial parents, workers' compensation, long-term care insurance, and other State and Federal programs (unless specifically excluded by Federal statute)

States are required to take all reasonable measures to ascertain the legal liability of third parties to pay for care and services available under the State plan


EXCEPT when Medicaid is not the payor of last resort

Exceptions to the payor of last resort are exceptions to Medicaid’s Third Party Liability (TPL) rules Section 1903(c) – Medicaid is not precluded from

paying for Medicaid covered services even though they are listed in an IEP or Individualized Family Service Plan (IFSP)

DOE funds are not required to pay for those Medicaid-covered services.


What is Free Care?

Free care - Items or services that are generally furnished without any charge or fee to individuals who are not Medicaid recipients, and Medicaid is the only entity charged for the items or services. Free care includes items or services that are furnished without charge or fee by operation of Federal, State, or local law.


What about the Government Accountability Office (GAO)?

GAO identified Medicaid in 2003 as a “high risk program” for waste and

exploitation

GAO has reported on topics that include Medicaid in schools

- States’ use of contingency fee consultants

- Oversight of Medicaid in schools

- Questionable practices in schools providing Medicaid services


Components of SPA Review

Coverage Reimbursement Administrative Claiming Time Study Expansion of the Time Study, to include a

direct medical services time study component


Hot Issues – Coverage

Provider qualifications Therapy providers must meet requirements of 42 CFR

440.110 Under the direct supervision

Provision of 1905(a) services Role of IEP

IEP may only serve as basis for medical necessity if IEP team providers are qualified Medicaid providers to make that determination in accordance within their scope of practice

Schools provide many Educational services


More Hot Issues - Coverage

Freedom of choice of providers School providers vs. Community providers

Comparability School services vs. Community services


What OIG Findings for coverage and reimbursement have been identified in schools?

Services are not properly documented for Medicaid purposes Medicaid was charged when a student was absent Medicaid provider qualifications were not met Incorrect billing – a child did not receive a service even though it already appeared to have

been dispensed Medicaid was billed when school was not in session Services not covered by Medicaid were billed to Medicaid Transportation was insufficiently documented for Medicaid purposes Prior authorization criteria set by the State Medicaid Agency was not met Clerical errors contributed to Medicaid payment


Reimbursement Methodology for School Based Services – In Brief

Linda Tavener, Leader

Non Institutional Payment Team

Centers for Medicare & Medicaid Services


CMS’s policy on the rate

Because schools are public providers and because, in general, third party payers other than MA do not reimburse for services provided in the schools, MA requires that States demonstrate that rates paid for SBS are no higher than the actual cost of providing these services.


Funding the non Federal share of school based services Certified public expenditures (CPEs), Intergovernmental transfers (IGTs), or Appropriations to the State Medicaid Agency

Most States use CPEs to fund the non-Federal share.


Funding and the rate methodology

CPEsRate must be based on actual

cost (no community rates).

Annual reconciliation (identifying the difference between payment and cost) is required.

In the case of overpayment, the State must settle to cost. Cost settlement cannot occur as an adjustment to future rates.

IGTs or Appropriations

Rate can be based on cost trended for a limited period of time.

No reconciliation required.Community rates can be

used. Current policy – IGT must be

made prior to payment by the Medicaid Agency. Provider must retain the entire payment.


Funding and permissible rates

IGTs or Appropriations

The fee for service community rate paid to non SBS providers may be paid when services are funded by IGTs or appropriations.

When using something other than the community rate, the State must demonstrate that the rate does not exceed cost.


How is Cost identified?

Cost is recognized using OMB Circulars The cost principles in A-87 are for the

purpose of cost determination and are not intended to identify the circumstances or dictate the extent of Federal or governmental unit participation in the financing of a particular program or projects.


How is cost identified?

CMS permits the inclusion of costs in light of “economy and efficiency”.

Not all costs recognized by OMB Circulars are considered economic or efficient by CMS.

The State should only include cost that has been recorded through its general ledger system, which supports its audited financial statements.


CMS’s current policy on cost

SBS cost is composed on direct and indirect costs.

Direct cost is limited generally to personnel and identifiable medical supplies used to deliver services.

CMS reviews individual items of cost.


How is indirect cost identified?

Under OMB Circular A-87, CMS is required to recognize indirect costs through the use of the cognizant agency indirect cost rate.

CMS does not permit States to include indirect costs, including administrative or educational costs, outside of this rate.


How is cost treated when CPEs are used?

When services are funded using CPEs, cost must be reported at the level of the individual provider, which is usually the school district or LEA.

Cost reports must be prepared and completed by each LEA.

The LEA as provider must certify the total amount of cost including the non Federal and Federal share.


CMS policy on personnel cost

The direct services cost pool may include only those practitioners to whom a service would normally be attributed through fee for service billing in a community setting. Supervisors, coordinators, and administrative staff, for example, may not be included.

Providers must identify salary and benefit cost of individual practitioners that meet the criterion for inclusion in the direct services cost pool.


CMS policy on personnel cost (continued) Personnel cost is included in the medical rate

up to the percentage of direct services time identified through the CMS-approved time study. (Please note that this cost is further adjusted by the Medicaid Eligibility Rate.)


Conducting an SBS rate review

May be lengthy and detailed ...

State is required to provide a finalized cost report, cost report instructions, documentation on the time study methodology and a copy of the certification of expenditures form (for CPE-funded programs only).


Methodology changes

A State’s methodology will be documented to the greatest possible extent in the State plan.

CMS has not approved retroactive changes proposed by States asserting that their plan language is vague enough to permit the change.


SBS Rate Methodology-Summary

Rate methodology, coverage, and the time study are reviewed at the same time.

Reimbursement methodology cannot be approved without a valid time study.

Rate methodology is linked to funding of non-federal share.


SBS Rate Methodology – Summary (continued) Rate may be no higher than cost, regardless

of the funding source. State is required to provide documentation for

any cost based rate methodology. State must have a valid CMS approved time

study.


Time Study Issues

Judi Wallace

Division of Financial Management


The Relationship Between Administrative Claiming and Direct Services Time Studies

The time study can be used to serve as the basis for allocating costs for direct services personnel.

States must use a CMS-approved Administrative Claiming Time Study methodology.


Overlap of the Administrative Time Study and Direct Services

The MA Administrative Claiming time study should be used as the basis to identify all SBS time.

The creation of a second time study to capture all the direct service costs for rate setting purposes.

CMS must review the State’s proposed time study if the State is not claiming school-based administrative costs.

Time studies are used for allocating costs for direct services with cost-based payment methodologies (especially CPE-related)


Direct Service and Administration Time Study Description

The time study will utilize two mutually exclusive time studies associated with two mutually exclusive cost pools, respectively:

The first time study and associated cost pool is comprised of direct service staff, including those who conduct both direct services and administrative activities as well as direct service only staff, and the respective costs for these staff.

The second time study and associated cost pool is comprised of administrative staff only and the respective costs for these staff.


Time Study

Primary mechanism for identifying and categorizing activities

Measures 100% of provider time

All activities are coded


Operational Principles-Must capture 100 % of time The time study/sampling methodology must reflect all of

the time and activities (whether allowable or unallowable under Medicaid) performed by employees participating in the Medicaid Administrative Claiming program.

The codes must capture and distinguish between direct services and administrative activities, Medicaid and non-Medicaid activities.


Operational Principles-Parallel Coding Structure

The time study activity codes must distinguish Medicaid activities from similar activities that are not Medicaid reimbursable.

A Medicaid and non-Medicaid code must exist for each activity.

Examples to distinguish between Medicaid/non-Medicaid must be included in the training materials.


Review and Approval of Program Implementation Plans and Codes by CMS

Federal regulations require that the single State agency have an approved public assistance cost allocation plan (CAP) on file with DHHS.

The public assistance CAP must make explicit reference to the methodologies, claiming mechanisms, interagency agreements and other relevant issues pertinent to the allocation of costs.


Criteria for Time Studies

Statewide Time Study Uniform, unified set of codes Random Moment Time Study methodology Simultaneous time study (one time study for

admin/direct services) One direct services code for all disciplines


Allocable Share of Costs

The time study methodology uses activity codes to capture whether or not costs are attributable to Medicaid.

Cost categories include: Unallowable under Medicaid 100% Medicaid share Proportional Medicaid share Reallocated activities


Steps of the Review Process

State submits proposed Implementation Plan

CMS ROs work with CO

Conference calls held with State & RO

CO concurrence with decision

Approval granted is often conditional

Process the same whether in Schools, Health Depts, MH/MR, Tribes, etc.


What does CMS look for in anImplementation Plan? Time Study Methodology Oversight/Monitoring Process Capture 100% of Time Description of Activities (i.e., review of

proposed codes)


Time Study Documentation

Time usually recorded by:

- continuous time study log (worker log) - random moment sampling (RMS)

CMS is moving all States to RMS. Sufficiently detailed to determine whether

activities are necessary for the “proper and efficient administration of the state plan”


More…documentation principles

Documentation related to salaries and wages is required.

Accounting records should be supported by the source documentation of these financial records.

Documentation related to the CPE process. Documentation showing reconciliation to actual

costs.


Time Study Documentation

Documents 100% time & percentages for each activity

Source documentation maintained related to salaries and wages required related to time study participants (ie, position description, salary and wages)

Rationale for staff in sample


Indirect Costs

Indirect costs may only be claimed if there is an indirect cost rate approved by the cognizant agency responsible for approving such rates, according to OMB Circular A-87. For school-based administrative programs, the cognizant

agency is the U.S. Department of Education or its delegate.

For tribal governments, the cognizant agency is the Department of Interior (Attachment E, D.1., c.)


Time Study Cycle

Data is calculated on State-

wide basis

Participants Identified

each Quarter

RandomMoments Selected

Participants Entered into State-wide

Pool

12

34


State Oversight and Monitoring Responsibility It is the responsibility of the State to

provide oversight and monitoring to assure that the administrative costs are appropriately claimed.

CMS also will review interagency agreements in place with other public entities, and/or contractors, subcontractors, etc...


CMS Central Office SBS Contacts

Reimbursement – Non Institutional Payment Team (NIPT) Linda Tavener, Mary Cieslicki (410-786-3838, 410-786-4576).

Coverage – Disabled and Elderly Health Programs Group (DEHPG) Melissa Harris (410-786-3397)

Administrative Claiming – Division of Financial Management (DFM) Judi Wallace (410-786-3197).


QUESTIONS?????