Hurry Up and Wait: Our Broken Medicare Appeal System
By Bob Soltis
()
About this ebook
Did you want to know why the good ship OMHA has been swamped?
Did you know the crisis affects all of us, and that we must act now before the 2016 budget is passed?
Would it surprise you that the bill pending in Congress to address the backlog of over 600,000 cases - the AFIRM (Audit & Appeal Fairness, Integrity and Reforms in Medicare Act) is not a panacea?
Do you want straight talk from a former ALJ about what's going on at Medicare (CMS) and in the Office of the Chief Judge?
Can you imagine a system that works for us, not for "them?"
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Hurry Up and Wait - Bob Soltis
Hurry Up
and Wait
Our Broken Medicare
Appeal System
Bob Soltis
Copyright © 2015 Bob Soltis.
All rights reserved. No part of this book may be reproduced, stored, or transmitted by any means—whether auditory, graphic, mechanical, or electronic—without written permission of both publisher and author, except in the case of brief excerpts used in critical articles and reviews. Unauthorized reproduction of any part of this work is illegal and is punishable by law.
ISBN: 978-1-4834-3497-1 (sc)
ISBN: 978-1-4834-3496-4 (e)
Library of Congress Control Number: 2015911215
Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.
Any people depicted in stock imagery provided by Thinkstock are models, and such images are being used for illustrative purposes only.
Certain stock imagery © Thinkstock.
Lulu Publishing Services rev. date: 7/29/2015
CONTENTS
About the Author
Preface
THE TIDAL WAVE
Chapter 1: An Overview of Medicare
Chapter 2: The Appeal Process
Chapter 3: The Bull in the China Shop
Chapter 4: We Are Experts on Excuses
Chapter 5: Drowning in a Sea of Claims
Chapter 6: Another Day, Another Deputy Director
Chapter 7: Paralysis by Analysis
Chapter 8: Paper, Paper Everywhere, but We Can’t Find Your Case
Chapter 9: The Backroom Deal
Chapter 10: The Reward for Work Is More Work
BRIDGING TROUBLED WATERS
Chapter 11: Too little too late?
Chapter 12: The Blame Game
Chapter 13: Reining in the RACs
Chapter 14: Slogan, or solution?
Chapter 15: Common-Sense Ideas
GETTING BACK ON COURSE
Chapter 16: Help Is on the Way
Chapter 17: The Elephant in the Room
Chapter 18: Decisions, Decisions
Chapter 19: Honesty Is the New Policy
Chapter 20: Agreeing about Disagreeing
Chapter 21: Which Way, OCALJ?
A CALL TO ACTION
Chapter 22: Si, Se Puede
Acknowledgments
Excerpt from Objection Sustained!
ABOUT THE AUTHOR
From everyone who has been given much, much will be required.
Luke 12:48
Bob Soltis is America’s authority on Medicare hearings. As an administrative law judge, he presided over Medicare hearings from 2006 until he took early retirement in 2015 to write this book and Objection Sustained: Standing Up to Contractor Kibitzing at your Medicare Hearing. His administrative agency career began in 1971 when he was appointed an ex officio member of the Gary Redevelopment Commission. Before being appointed to the administrative judiciary, Bob taught attorneys and non-attorneys to artfully present their causes and write better decisions. He has represented thousands of clients before administrative agencies, including the Medical Board of California, military Physical Evaluation Boards, the Defense Office of Hearings and Appeals, the National Reconnaissance Office, the Illinois Industrial Commission, and the Social Security Administration. A former Navy Officer in the Judge Advocate General’s (JAG) Corps, Bob earned a BA in biology from Indiana University and a law degree from DePaul University.
PREFACE
Next time you think they
should do something, remember: You are now they.
—Commencement speaker,
Officer Indoctrination School, 1989
In August 2006, I got the call I had been waiting for: Congratulations, you’ve been appointed a United States administrative law judge.
So I packed up and drove east to a job many lawyers dream of but for which few are chosen.
Under Chief Judge Perry Rhew’s leadership, the Office of Medicare Hearings and Appeals (OMHA) was one of the America’s best places to work. Judge Rhew was out and about within the four field offices, he knew everyone’s name, and he kept OMHA out from under the thumb of the Center for Medicare and Medicaid Services.
Things changed after Judge Rhew left in 2010. The Center for Medicare and Medicaid Services (CMS) stepped up its review of cases it had previously paid, hiring collection agents called Recovery Audit Contractors (RACs) to sift through past payments for reasons to take the money back. Over the last three years, those collection agents have become even more aggressive, and the hospitals they targeted filed a tidal wave of appeals that swamped the good ship OMHA’s ability to hear those appeals within the ninety days Congress allowed them to get it done.
The water keeps pouring in with no end in sight.
Instead of coming clean about the problem, standing up to CMS mediocrity, and hiring more worker bees, the Office of the Chief Administrative Law Judge (OCALJ) hired more headquarters staff, gave them fancy titles, and rearranged its organizational chart. After the stuff hit the rotating blade in December 2013, OCALJ finally convened a public forum for appellants on February 12, 2014. Instead of taking responsibility and offering solutions, the Office of the Chief Judge squandered that opportunity by wasting five hours of appellants’ time attempting to explain the crisis away.
The continued mediocrity at HHS, CMS, and the Office of the Chief Judge convinced me that my ladder has been leaning against the wrong wall. For years I have said, Someone needs to do something about the Office of the Chief ALJ.
The penny finally dropped. Someone
is me. As our OIS commencement speaker would say, I am now they.
Why should you care? CMS and OCALJ have wasted millions of your tax dollars in the last four years. If you’re a doctor or supplier, it will be three years before you have a hearing. If you’re a Medicare beneficiary, your doctors’ and providers’ quality of life has worsened while they wait for their hearings.
Why this book? To solve a problem, you must first understand the problem and its causes before taking action. As the tidal wave of backlogged cases at OMHA approaches the half-million mark, it’s time for straight talk about what has become a crisis for anyone