Great questions Laura. I can only say to your question #3 that so far in CA I have not seen that discrepancy come up in my own cases either pre-trial or at time of court. Most of us life care planners who do a lot of work in CA use the same databases and come up with very similar numbers, although we may use different percentiles when forming our opinions. Even so, we are not very far off when you look at big picture and especially if home care is the biggest number in the plan where FH, Context or the others are not a factor.
The problem I am seeing a lot if CA is that non-life care planners who have qualifications of being an employee of an insurance co as a billing auditor-- are coming in and trying to undermine the established life care planning methodologies. They have no training, education or work experience as a life care planner or as a case manager. These folks are applying rules of how an auditor would look at a past bill, that includes physican documentation, and then stating that this concept works looking forward as well-- despite the fact the procedure has NOT yet taken place and there is no physician documentation yet. An example is that I coded an epidural as transforaminal and this auditor comes in and tries to state that the appropriate code would be intralaminar and that code is less expensive by the way. She did not consult a physician and had no basis for her opinion. That is a ridiculous notion. The physican giving me the recommendation was not that specific and he is not the one who will do the procedure 5 years from now. No one knows which epidural it will be until it actually takes place. We use the information we have to make the best decision we can at the time that we write the plan. We use probabilities based on our own experiences, education and training. When I wrote my plan, I did NOT look up the two codes and pick the most expensive one, but that seemed to be what the defense was trying to accuse me of. I am sure she DID look up both codes and picked the less expensive one. These billing auditors keep showing up again and again in my cases. And while I do 50 50 plaintiff and defense, these people are NEVER on a plaintiff case.
Done venting...
Tracy Albee, RN LNCC CLCP FIALCP
MediLegal NV LLC
254 Shaded Canyon Drive
Henderson, NV 89012
209-833-7251
tracy@medilegalinc.com
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Original Message:
Sent: 5/17/2024 9:35:00 AM
From: Lora White
Subject: RE: FariHealth (FH)
I have a couple of questions that maybe someone can clarify for me.
- There is a faction of life care planners who claim that Context is the most widely used data base, not Fair Health. They have canned language that goes in every report that used to report that Fair Health was used by Texas, the VA, etc., but now says Context. Can someone please explain why the change?
- The court rulings against Fair Health, it is my understanding, were because the life care planner were using the Consumer site, not the paid version and they did not notify Fair Health that they were being challenged. Fair Health continues to state that they will defend their data in court. Given that the life care planners were not using Fair Health data appropriately, does that change anything?
- How does California deal with the fact that Fair Health and Context data are sometimes very far off of each other? So if one life care planner is using Context 80% and the amount is $1,000 and the other, Fair Health, says that it is $600, how does the court reconcile this discrepancy? This happens often with HCPCS codes with sometimes huge differences. Does the court then consider individual provider's charges to determine which is most likely?
These are real questions for me.
Lora White
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Lora White
white@simsandwhite.com
Phoenix, AZ United States
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Original Message:
Sent: 05-16-2024 19:33
From: Robert Taylor
Subject: FariHealth (FH)
In addition to what Aubrey says, which I completely agree with, if you have a case venued in CA and do not use a database for fees and prefer to collect information from providers and rely upon that information, it is in admissible in California courts as it is hearsay. You have to use a published database. So, colleagues, what are you doing in California cases? Risk exclusion by relying upon what a doctor or medical/clinical practice may have told you about their fees? This is an unreliable approach due to hearsay.
Bob
Robert H. Taylor1987 Haven'sEnd Prescott, AZ 86305-2148
2162 Summerlin Ln
Longmont, CO 80503
(928) 713-6833
Sent from my iPhone
Original Message:
Sent: 5/16/2024 6:42:00 PM
From: Aubrey Corwin
Subject: FariHealth (FH)
Good afternoon all,
This is on the issue of FH and the fact that I continue to see some disinformation being circulated in litigated matters that relying on databases, and specifically FH, is not appropriate. I have been pretty surprised to see some in our community attempt to discredit the use of FH (and other databases) purporting that FH provides only "insurance reimbursement" charges or that FH is not actually representative of "billed charges" or that its use is not valid or reliable or that it does not include charges for individuals without insurance. While many attorneys try and distort what we do and how we do it, to see professionals in the field doing so leaves me scratching my head. I am not sure if it is a conscious attempt to undermine the field of life care planning or specific experts or just confusion on the part of some life care planners...but regardless, these false statements really undermine our ability to prepare valid, reliable, transparent LCPs. While many life care planners prefer different databases and IARP supports the use of a variety of them, to put false information out into the public domain about databases in an attempt to essentially try and get a leg up on another expert has been incredibly disappointing. It has been well established that FH, liked Medical Fees, Context4, etc. provide BILLED, non-discounted, non-reimbursement fees for service. Given published, peer reviewed papers, online forums, summits, conferences, etc., the majority of life care planners use databases, to include FH. I want to bring attention to the fact that there are professionals in our community who are providing false information related to the appropriateness of databases and their data collection. My concern is as a field, that we need to maintain integrity and be accurate in our representation of our field, our data sources, proper methodology, to name a few. I am not sure if others have encountered this, but the only way to stop disinformation is to be informed. If individuals have confusion on the databases, I suggest reading about them, doing a trial, discussing with other experts, but the disinformation is really damaging to our entire field.
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Aubrey Corwin
Director
aubreyc@vocationaldiagnostics.com
Boulder, CO
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