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Texas Optometric Association
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TOA Update: May 16, 2008



 

Table of Contents

President's Message

By Stacie Virden, OD
TOA President-Elect

Ed. Note: This is the first of three messages concerning your office and your patients.

How often do your patients tell you that you just gave them the most thorough eye exam they have ever had? If you are not hearing it from at least half your patients, you have room to grow your practice--and your bottom line. Every year for the past 5 years, I have added something new to my exam. Most every addition is a test my assistant performs. The extra screenings have added only 3-4 minutes to the entire exam (mainly because technology is wonderful!), and add no time to what I spend with patients; yet most every patient comments to me on how thorough their exam in my office was.

It all starts with your intake form. We ask a full medical history, and my assistant reviews the positive responses with each patient. This form is also posted on my website, and we encourage every new patient to fill it out before their appointment. The patient knows before they ever set foot in your office that your practice is ahead of the technology curve, and your staff had everything ready before the patient arrives for the appointment. And for some reason, patients never complain about the online form the way they do about completing it with paper and pen in the office. Its a win-win for everyone.

When I added the GDX Vcc to our glaucoma testing protocol, I soon realized it was not being used 70% of each day. Rather than have it sit idling between glaucoma patients, we decided to use the screening mode on every patient.

More to follow in June

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Franchise Tax Information

The Texas Comptroller's office releases a revised interpretation of Tax Code § 171.1011(n)(2), concerning the calculation of total revenue, which applies to health care providers and health care institutions. The attached two documents explain the revised formula for determining the cost of uncompensated care and provide a comprehensive example of the franchise tax calculation for a physician's office using the margin calculation.

This revised agency policy supersedes Rule 3.587(b)(1) and (b)(15), which will be amended accordingly. This information is available on the agency's Web site at the TOA website.

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Optometrists Host Governor and TOA's Glaucoma Bill Sponsor

TOA optometrists(l-r) Stan Woo,TOA Secretary Treasurer; Dennis Golden-UH Regent; Brian Blount-TOA President and Dixon Golden-Texas Optometry Board Chair host Gov. Rick Perry (middle) in Center, Texas.
Texas Senator Kim Brimer and his wife, Jana, are flanked by TOA optometrists Mark Hanson, Tom Annunziato and Wiley Curtis.

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Optometry Board Passes OGS Rule and Ethics Rule

The Texas Optometry Board passed a rule last week that will relieve graduating students of having to take an additional test to become certified as an optometric glaucoma specialist. The rule also allows students graduating after April of 2008 to have the skills check-off for certification to be completed by an optometrist already certified as an Optometric Glaucoma Specialist OR an ophthalmologist.

The rule came as a response to the 2008 fourth-year students at the University of Houston College of Optometry who questioned the need to repeat a test they have already passed as part of their school curriculum and through the national boards.

In other action, the board passed a requirement for a 1-hour 'Professional responsibility' ethics course to be included as part of the 16-hours of continuing education necessary for relicensing each year. The ethics course requirement will begin in 2009 for 2010 relicensure.

New Optometry rules

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Billing, Coding and More

AOA Seeks Exclusion to DMEPOS Rules for Providers of Post-Cataract Lenses

Ed. Note: The Center for Medicare and Medicaid (CMS) has initiated a policy that would require optometrists, among other providers, to spend $3000 or more every three years to be 'accredited' by next June so that they can be reimbursed for post-cataract eyeglasses from DMERC. TOA and AOA are working with CMS and Congress to overturn the policy for small businesses.

Either way, if you choose NOT to participate, you can still bill Medicare for exams and tests, but not for materials.

In 2003, in response to reports from across the nation concerning Medicare fraud and to address specific and widespread abuse by companies involved in the sale of power mobility scooters for seniors, Congress directed the Centers for Medicare and Medicaid Services (CMS) to develop new guidelines and quality standards for suppliers of durable medical equipment, prosthetics, orthotics, supplies (DMEPOS). Congress's objective for the agency was to address fraud and waste in the program while preserving Medicare beneficiaries' convenient access to DMEPOS supplies, and to maintain established provider/patient relationships.

Over the last 5 years, the AOA has actively monitored CMS's development of new DMEPOS regulations and, as necessary, raised objections — both separately and as part of a large coalition of health provider groups — about unintended consequences that would harm ODs and their patients.

In 2006, after a sustained campaign led by AOA and other provider organizations, CMS officials reversed course and announced that physicians (including ODs) would not be required to participate in a new DMEPOS competitive bidding process that the agency had announced as a requirement 9 months earlier. This has meant that "prosthetic devices that aid vision (glasses and contacts) are not among the items and services subject to competitive bidding," a major regulator victory for optometry.

In January 2008, CMS issued new proposed regulations concerning DMEPOS supplier enrollment. Although the AOA had earlier urged CMS officials to avoid a "one size fits all" approach to accreditation for DMEPOS suppliers and to fully recognize the unique role of licensed health providers like ODs, that's just what the agency did. CMS' plan would impose unrealistic and unworkable accreditation requirements on physician suppliers for whom DMEPOS products — while essential to patient care — are a relatively small share of services.

Since the January announcement, the AOA — joined by the American Medical Association and groups representing ophthalmologists, orthopedic surgeons, podiatrists, occupational therapists and physical therapists — have opposed the final implementation of this regulation based both on its substantive deficiencies and its unworkable timeframe.

Following two joint statements to CMS officials and an initial meeting with them on April 16th, the AOA and the like-minded groups have pushed for a follow-up meeting at CMS headquarters that is now set for May 16th.

In addition, the AOA has briefed concerned Members of Congress on the supplier enrollment issue and will provide testimony at two upcoming Capitol Hill hearings called to examine the disconnect between Congress's directives to CMS and the impact of DMEPOS regulations on physicians.

The AOA's message to CMS and concerned Members of Congress remains clear: With burdensome new supplier regulations, ODs — as well as a range of other health providers — could be faced with being unable to provide Medicare-covered DMEPOS products to their patients at the point of care. As such an outcome would prove to be harmful to physicians and patients, it must be avoided through revised regulations.

AOA members with questions or concerns about this are asked to contact Kelly Hipp, AOA Director of Professional Relations, at 1-800-365-2219 x1346 / khipp@aoa.org.

NPI Almost Here for Medicare Fee For Service Providers

From AOA:

May 23rd is Days Away - Are you Prepared?

As of May 23, Medicare FFS will require and send NPI-Only in ALL provider identifier fields for all HIPAA and paper transactions where a provider identifier is required. If you send Medicare a transaction with a Medicare legacy identifier in any of the provider fields, your claim will be rejected. These transactions include all electronic and paper claims (837I, 837P, NCPDP, DDE and paper CMS-1500 and UB-04), the 276/277 claims status transaction, the 270/271 eligibility transaction, 835 remittance advice and SPR paper remittance.

Still not sure what an NPI is and how you can get it, share it and use it? As always, more information and education on the NPI can be found through the CMS NPI page www.cms.hhs.gov/NationalProvIdentStand on the CMS website. Providers can apply for an NPI online at https://nppes.cms.hhs.gov or can call the NPI enumerator to request a paper application at 1-800-465-3203. Having trouble viewing any of the URLs in this message? If so, try to cut and paste any URL in this message into your web browser to view the intended information.

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2008 ELECTION DATES TO REMEMBER

Voter Information Available:

June 6-7 — Democrats hold their state convention in Austin

June 12-14 — Republicans hold their state convention in Houston

June 14 — Green Party holds its state convention; location TBA

July 10-13 — Green Party holds its national convention in Chicago

August 25 — Democratic National Convention opens in Denver

September 1 — Republican National Convention opens in Minneapolis

November 4 — General election for all national, state, and county offices

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Find Your Legislator:

http://www.fyi.legis.state.tx.us/

If you do not know who your legislators are, here is an easy way to find out by adding your address or county.

Please support your profession by voting in the Texas primary March 4 (early voting begins February 19) and the general election in November.

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Thank you for reading our monthly e- news. Please send us your suggestions and comments or thoughts about stories we might include. We are working hard to insure that your dues dollars bring you the maximum benefits of membership. This is a work in progress. Email Bj Avery at the TOA office at texop@aol.com

Sincerely,

Brian Blount, O.D., President
The Texas Optometric Association Inc.
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