No one knows exactly how many of the nation's malpractice payments are hidden behind the corporate shield, but officials think the number is significant. The next generation Already, analysts are pointing out similar loopholes in the rules governing the new data bank. And in a twist that already has some physicians concerned, some analysts wonder whether HCFA, not doctors, will take advantage of this loophole. When the agency audits physician practices, it typically takes a sample of physician billings, calculates the dollar value of coding errors and then extrapolates that amount over the physician's total Medicare practice. Physicians faced with such a choice will now have a new factor to take into consideration.
Physicians equate that scenario with a bureaucratic form of blackmail.
There are few answers to such questions right now, in part because the proposed rules of the new data bank may still change. The government published those rules on Oct. 30 and was scheduled to accept comments through Jan. 12. Depending on the comments the government receives from the medical profession, the final rules governing the data bank may be different. For now, some are warning that implementation of the new data bank needs to be closely monitored. I would hate to see competent physicians and caring doctors get beaned for what amounts to an oversight of their front office.