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Posts Tagged ‘medicare’

Patient’s Rights (or lack thereof)……….AKA You guys need to get mad and do something!

mbcn15l 300x300 Patient’s Rights (or lack thereof)……….AKA You guys need to get mad and do something!So there has been a good deal of underground rumbling going on in the PT world this week. Because I like to be well informed (i.e. I’m a nerd), I participate in all sorts of social media to stay on top of things. Using Facebook, Twitter and LinkedIn allow me to “talk” with people all over the world and hear about trends. The trend I am paying attention to this week is that PT’s in private practice are mad! And you, the consumer/patient, should be mad too! Why should you be mad? Because no one fully explains your rights to you as a patient, and things are going on that affect you, and you have no idea about it!

The issues that affect you and your ability to access the health insurance you pay for every month include the following:
1) You have a choice of where you want to receive physical therapy. Your doctor can make a recommendation, but cannot require you to go to a specific PT clinic (especially one that he/she owns). This is actually illegal; but, it happens all the time. If I had a dollar for every time a patient told me, “I had no idea I could go somewhere else” I would be a rich woman. When your doctor recommends physical therapy (or when you ask your doctor for a physical therapy referral, which is also your right as a patient), they can give you a list of options for your care. They can also mention that they have a physician owned physical therapy clinic (POPTS) next door or across town, but they cannot require you to receive your therapy there.

2) If you want to see a therapist who does not participate with insurance companies, call your insurance company or go online to find out if you have out of network physical therapy benefits and what they are. If you have an HMO or Kaiser, you may have no out of network benefits; but, most insurance companies do cover a certain percentage of your care even if you go out of network. Then find out what your in network benefits are: Do you have a copay? Deductible? Coinsurance? Limited number of PT visits per year, or per condition, or per lifetime? Even though you have to pay at time of service in a practice like mine, you may come out ahead in the long run. You have to factor in things such as: I see you one on one for an hour, whereas most in network providers see you for 20-30 minutes tops. Additionally, when you come to a PT clinic that is not insurance based, you will most likely see the same therapist every time which helps you maximize your time with the therapist instead of wasting the first 10 minutes of each session retelling your story. Your care at a clinic like mine is only provided by a Licensed Physical Therapist (not a tech or aide) which leads to better demonstration and cuing for corrective exercises. You may only need to come to PT 1-2 times a week as long as you are making the effort to put into practice what you are taught to do. I don’t make patients come in to the clinic to do mindless repetitions of exercises; it’s a waste of time and money. Because of the above advantages, you will most likely improve faster, requiring less visits to physical therapy overall. When you add up the overall cost of your copays/coinsurance for PT 2-3 times a week for 8 weeks versus paying upfront and getting reimbursed at 80% for 1-2 visits a week for 4 weeks, you may find that you come out ahead, in more ways than one, when you go out of network.

3) A current issue that is really a hot topic for PT’s in multiple states (including Virginia) is that we are fighting for Direct Access to physical therapy. Currently, if you want to see a physical therapist in Virginia because you strained your back over the weekend, you are required to get a prescription for physical therapy from your physician (within 14 days, as long as the therapist you are seeing is certified by the state for direct access for 14 days). That’s right, you have to go see your physician for him to take a quick look at you, maybe order some x-rays, and then tell you what you already know – that you need physical therapy for your back strain. How is that cost or time effective? When we get Unrestricted Direct Access in Virginia, you will be able to see a physical therapist first, then be referred to your physician for further work up if it is evident that you need it. If not, you continue your therapy. PT’s have been fighting for this for years in Virginia and the only reason we don’t have it is because the physicians have more money to throw at Capitol Hill to lobby that patients need to be protected from direct access to physical therapy. Huh? Yup, it’s true. That’s what they have convinced the government. In my opinion, this isn’t going to change until the patients themselves get mad and demand that they be allowed to access their health insurance benefits with the provider of their choice.

4) If you have Medicare, you should be triple mad to hear this: You are forbidden by the government from going to see the physical therapist of your choice if they do not accept Medicare. Because my company does not participate with any health insurance, including Medicare, I am not legally allowed to treat Medicare patients in physical therapy. I can see them for “wellness” visits, but I cannot use my knowledge of physical therapy to treat any specific injury on a Medicare patient. Ever. And, the government has made it impossible to challenge this because the current wording of the law is that “physical therapists may not opt-out of Medicare.” So, you either participate with Medicare, and are limited in what you can do and how long you can do it while treating patients, or they exclude you entirely for caring for an entire (growing) segment of the population. Again, the only way I see to change this is for thousands of Medicare age folks to get really mad and tell the government that they worked plenty hard to save up their money and they have educated themselves to find the best provider for their injury, and they will NOT be told that they can’t pay out of pocket to see that physical therapist.

Are you mad yet? Good, now go call your people and march on Capitol Hill or something like that!

Have a great weekend everyone!

Gotta Love Autocorrect!

autocorrect Gotta Love Autocorrect!Alright, up front I have to say that this was not originally going to be today’s topic……..however, it was so funny and ironic that I had to share.  I was texting a message today and must have started spelling the word “insurance” incorrectly, because all of a sudden the word uninsured popped up and my mind read it as “uninsurance”……..and I laughed out loud at the thought of uninsurance because that’s what most of us have!  We all pay a ridiculous amount of money for “insurance” that often fails when we need it most.  How often have you been forced to either discharge a patient or make them sign a self-pay waiver (Aetna…..25 visits, anyone) because of their insurance? How many patients get upset that their insurance prevents them from seeing the provider they want to see? (Medicare patients, anyone)?  Ever have a patient whose insurance won’t cover an MRI until they have had a trial of physical therapy and failed all conservative treatment? How absurd that our insurance companies are often the ones preventing us from accessing the care we need.

As P.T.’s and also as healthcare consumers/patients, we have to take a stand against this.  This shift is happening slowly, as more patients and therapists get to the end of their rope and abandon traditional insurance based healthcare; but, we are still the minority.

My current beef is with Medicare.  As a P.T., I can never, ever opt-out of Medicare.  Believe me, I checked into it for days to get to the bottom of this.  I was actually told by Highmark, our local Medicare carrier, that as a P.T. I could opt-out, they even directed me to the form I could use. But, after running this by many other therapists, and the APTA, I found out that the advisor from Highmark was completely wrong and was actually advising me to do something illegal!  Only physicians and certain types of “practitioners” can opt out of Medicare (MD’s, nutritionists, and some others), but the law was written in a way that singles out P.T.’s and Chiropractors to say that we are not “physicians” or “practitioners” and therefore don’t qualify for the opt-out procedure.  What?!  Now I’m not even a “practitioner?”

What this means is that as P.T.’s, we cannot ever “opt-out” of being a Medicare provider and therefore we can NEVER accept Medicare patients if we are no longer participating with Medicare.  Doesn’t sound like a big deal, you say?  It is.  Now that I am in private practice again it is a huge deal, because I don’t participate with insurance companies, including Medicare.  All patients pay at time of service; and, since it is illegal to accept any cash from a Medicare patient for treatment, I can never treat a Medicare patient.  This takes away a HUGE patient population – a patient population that is increasing with time, a population of very active seniors that are living longer, and a population (in the D.C. area) of folks who have worked hard all their lives and have the cash to pay out of pocket for quality services (you have never seen anyone get as mad as an active, extremely intelligent Medicare patient who is denied the ability to pay out of pocket with their hard earned money to get the best of the services available in the community!)

Here it is straight from the horse’s mouth: 

40.4 – Definition of Physician/Practitioner

(Rev. 62, Issued: 12-22-06, Effective: 11-13-06, Implementation: 04-02-07)

For purposes of this provision, the term “physician” is limited to doctors of medicine; doctors of osteopathy; doctors of dental surgery or of dental medicine; doctors of podiatric medicine; and doctors of optometry who are legally authorized to practice dentistry, podiatry, optometry, medicine, or surgery by the State in which such function or action is performed; no other physicians may opt out. Also, for purposes of this provision, the term “practitioner” means any of the following to the extent that they are legally authorized to practice by the State and otherwise meet Medicare requirements:

• Physician assistant;

• Nurse practitioner;

• Clinical nurse specialist;

• Certified registered nurse anesthetist;

• Certified nurse midwife;

• Clinical psychologist;

• Clinical social worker;

• Registered dietitian; or

• Nutrition Professional

The opt out law does not define “physician” to include chiropractors; therefore, they may not opt out of Medicare and provide services under private contract. Physical therapists in independent practice and occupational therapists in independent practice cannot opt out because they are not within the opt out law’s definition of either a “physician” or “practitioner”.

Yes, folks, that’s our government protecting the innocent Medicare patients from all of us evil P.T.’s (who aren’t even providers in the first place).  Thank goodness everyone is safe now.  Move along, nothing to see here…..

If it ruffles your feathers that your “uninsurance” is restricting the care you can give and receive, then good!  Now let’s go out there and do something about it!

 

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