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entitled 'Medicare: CMS Needs to Collect Consistent Information from 
Quality Improvement Organizations to Strengthen Its Establishment of 
Budgets for Quality of Care Reviews' which was released on December 
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GAO-11-116R: 

United States Government Accountability Office: 
Washington, DC 20548: 

December 6, 2010: 

The Honorable Max Baucus: 
Chairman: 
The Honorable Charles E. Grassley: 
Ranking Member: 
Committee on Finance: 
United States Senate: 

Subject: Medicare: CMS Needs to Collect Consistent Information from 
Quality Improvement Organizations to Strengthen Its Establishment of 
Budgets for Quality of Care Reviews: 

Medicare funds health care services for more than 46 million 
beneficiaries.[Footnote 1] The Centers for Medicare & Medicaid 
Services (CMS)--the agency that administers Medicare--contracts with 
private organizations known as Quality Improvement Organizations (QIO) 
to, among other core functions, improve the quality of care for 
Medicare beneficiaries. CMS contracts with one QIO for each of the 50 
states, the District of Columbia, Puerto Rico, and the U.S. Virgin 
Islands. One of the QIOs' many responsibilities is to review quality 
of care concerns, raised by Medicare beneficiaries or others, to 
determine whether Medicare-financed medical services meet 
professionally recognized standards of health care.[Footnote 2] 
Quality of care reviews may address a range of issues, such as 
inappropriate treatment or hospital staff not administering 
medications on time; may involve a variety of health care services and 
settings; and may include a range of Medicare providers or 
practitioners.[Footnote 3] 

CMS enters into 3-year contracts with QIOs for a range of activities 
and reviews, including quality of care reviews.[Footnote 4] For each 
QIO contract, CMS establishes a budget reflecting the estimated costs 
of these activities and reviews.[Footnote 5] For the most recent 
contracts, which cover August 1, 2008, through July 31, 2011, CMS's 
budgets for the QIOs totaled about $1.1 billion, with approximately 
$208 million for all types of reviews, including QIOs' quality of care 
reviews, as well as some other activities. Questions have been raised 
about CMS's ability to set budgets appropriately for QIOs' quality of 
care reviews. A 2006 report by the Institute of Medicine (IOM) 
[Footnote 6] and a 2008 internal report commissioned by CMS identified 
weaknesses in CMS's ability to accurately compare costs across QIOs. 
Based on reports of wide variation in the costs that QIOs report for 
conducting these reviews, you raised questions about how CMS 
establishes QIOs' budgets. 

Ensuring that QIOs' budgets are based on accurate information is 
particularly important because CMS's contracts with the QIOs are 
funded from the Medicare Trust Funds, which are primarily used to 
support inpatient and outpatient health care services for Medicare 
beneficiaries.[Footnote 7] QIO contracts are funded from the Medicare 
Trust Funds in proportions from each that CMS determines to be fair 
and equitable,[Footnote 8] and the QIO program is not subject to the 
same kind of congressional oversight as other CMS programs, which are 
funded through the annual appropriations process. Policymakers are 
concerned about the long-term solvency of these Trust Funds and thus 
their ability to fund health care services for Medicare beneficiaries 
in the future. 

You raised questions about the information QIOs report to CMS for 
budgeting purposes and how CMS uses this information. To assist 
congressional consideration of this matter, this report describes and 
assesses the information CMS uses to establish the portion of QIOs' 
budgets for quality of care reviews. 

To conduct this work, we reviewed CMS's current 3-year contract with 
QIOs, and CMS policies, such as CMS's QIO policy manual[Footnote 9] 
and relevant CMS policy memos. We reviewed these materials and 
interviewed agency officials in order to identify the information that 
CMS used, including information obtained from the QIOs, to establish 
the QIOs' budgets for their quality of care reviews for the 9th 
Statement of Work. We also reviewed these materials, as well as 
relevant statutes and regulations, and interviewed agency officials in 
order to understand the quality of care review process. We then 
administered a Web-based pre-interview questionnaire and conducted 
structured interviews with officials from a judgmental sample of seven 
QIOs, in order to obtain information about how the QIOs conduct their 
quality of care reviews, the variation in their implementation of 
these reviews, and the information they regularly report to CMS about 
these reviews. We selected these seven QIOs based on the number of 
individuals eligible for Medicare residing in each of the 48 
contiguous states and the District of Columbia using CMS's 2009 
Medicare enrollment data and taking into account QIO corporate 
affiliations and geographic distribution (see enclosure I for more 
information about our scope and methodology). The information we 
obtained from our selected QIOs cannot be generalized to all QIOs. 

To assess the reliability of QIOs' responses to our Web-based pre- 
interview questionnaire, we manually checked the responses to identify 
illogical or inconsistent responses and other indications of possible 
errors. We also conducted follow-up interviews with the officials we 
interviewed from the selected QIOs in order to clarify their answers 
and to gain a contextual understanding of their responses to certain 
questions on our pre-interview questionnaire and to our interview 
questions. To assess the reliability of CMS's 2009 Medicare enrollment 
data, which we used to select the seven QIOs, we reviewed relevant 
documentation about the data. We determined that the enrollment data 
we used for our report were sufficiently reliable for our purposes. 

We conducted this performance audit from October 2009 through December 
2010 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

Results in Brief: 

To help establish QIOs' budgets for quality of care reviews for the 
current contract, the 9th Statement of Work, CMS used information that 
QIOs are required to provide to the agency about the volume of QIOs' 
quality of care reviews and the costs associated with conducting these 
reviews. CMS requires the QIOs to record information about the volume 
of their quality of care reviews in CMS's Case Review Information 
System (CRIS) and to record information about their labor costs in 
CMS's Financial Information and Vouchering System (FIVS). However, CMS 
has not established clear instructions for how QIOs should record 
volume and cost information in these systems. We found inconsistencies 
among some QIOs in the ways they record certain volume and cost 
information in CRIS and FIVS. As a result, the historical quality of 
care review volume and cost information CMS obtains is inconsistent 
across QIOs and CMS cannot be assured that the budgets it establishes 
for QIOs' quality of care reviews are appropriate. 

We obtained written comments on a draft of this report from the 
Department of Health and Human Services (HHS). HHS agreed with our 
recommendation that the Administrator of CMS develop clear 
instructions for how QIOs are to record volume and cost information in 
CRIS and FIVS. We incorporated HHS's technical comments as appropriate. 

Background: 

QIOs conduct quality of care reviews to determine if Medicare-financed 
health services meet professionally recognized standards of health 
care. Quality of care reviews are just one type of review QIOs are 
required to conduct. QIOs also conduct what are known as utilization 
reviews to determine whether Medicare services provided are medically 
necessary, reviews of beneficiary appeals for denials of Medicare 
coverage for certain health care services, and reviews of possible 
violations of the Emergency Medical Treatment and Active Labor Act. 
[Footnote 10] From August 1, 2008, through July 31, 2009--the first 
year of the current QIO contract--CMS's data show that the QIOs 
completed about 2,800 quality of care reviews initiated by 
beneficiaries. The QIOs also completed about 16,000 quality of care 
reviews initiated by non-beneficiary sources.[Footnote 11] 

QIOs are required to conduct quality of care reviews for concerns 
raised by Medicare beneficiaries.[Footnote 12] Beneficiaries may raise 
their quality of care concerns[Footnote 13] by mailing a letter to a 
QIO or by calling a QIO's helpline[Footnote 14] to register their 
concerns orally,[Footnote 15] but QIOs can proceed with further steps 
of the quality of care review only after beneficiaries submit written 
descriptions of their concerns. Therefore, QIOs may proceed with 
reviews for oral beneficiary concerns only if they obtain a written 
concern from the beneficiary.[Footnote 16],[Footnote 17] QIOs are also 
required by their contracts to conduct quality of care reviews for 
quality of care concerns identified through non-beneficiary sources. 
After receiving a written quality of care concern, QIOs review the 
beneficiary's medical records. Specifically, CMS requires QIOs to 
review the beneficiary's medical records held by the providers or 
practitioners that delivered the Medicare services about which there 
is a concern, in order to determine whether or not the Medicare 
services delivered to the beneficiary met professionally recognized 
standards of health care. QIOs are required to notify beneficiaries of 
the QIOs' final determinations at the conclusion of a quality of care 
review.[Footnote 18] (See enclosure II for additional information 
about QIOs' processes for conducting quality of care reviews.) 

CMS Uses Volume and Cost Information Provided by QIOs to Establish 
Quality of Care Review Budgets, but CMS Has Not Provided Clear 
Instructions for Recording This Information: 

In order to help establish QIOs' budgets for quality of care reviews 
for the current contract, the 9th Statement of Work, CMS used 
information that QIOs are required to provide the agency about the 
volume of QIOs' quality of care reviews and the costs associated with 
conducting these reviews.[Footnote 19] However, CMS has not 
established clear instructions for how QIOs should record volume and 
cost information in the electronic systems used to provide CMS with 
this information. We found inconsistencies among some QIOs in the ways 
they record certain volume and cost information in these systems. 

CMS Uses Information QIOs Provide about the Volume and Cost of Their 
Quality of Care Reviews to Help Establish Budgets for These Reviews: 

For every 3-year contract, CMS establishes a budget for each QIO 
reflecting the estimated costs of the activities and reviews the QIO 
is responsible for performing, including quality of care reviews. CMS 
officials told us that, in order to establish the portion of a QIO's 
budget for quality of care reviews for the current contract, the 9th 
Statement of Work, the agency used information about the volume and 
cost of these reviews the QIO performed under the previous 3-year 
contract. Specifically, CMS used this historical information to 
estimate each QIO's budgetary needs for performing quality of care 
reviews from August 1, 2008, through July 31, 2011. CMS then added 
these quality of care review estimates to estimates for performing 
other contracted activities, in order to establish the current 3-year 
budget for each QIO. 

CMS obtained information about the volume of QIOs' quality of care 
reviews from the Case Review Information System (CRIS), a CMS 
electronic information system used to record information about QIO 
activities and reviews, including quality of care reviews. CMS 
requires QIOs to use CRIS to record information about quality of care 
reviews and other types of reviews, such as utilization reviews, 
within 3 days of performing a task, such as responding to a 
beneficiary's oral concern. This information may include summaries of 
oral and written beneficiary concerns received, notes about the 
progress of medical record reviews, and information indicating whether 
the QIO determined that Medicare services met professionally 
recognized standards of health care. QIOs use two main categories--the 
beneficiary complaint and case review categories--to record 
information about their quality of care reviews in CRIS. 

* Beneficiary Complaint Category. This category is used to record 
information about written quality of care concerns QIOs receive from 
beneficiaries. QIOs use this category to record information, such as 
the date on which the QIO received the written beneficiary concern and 
the date on which the QIO completed the medical record review. QIOs 
also use this category to record information about their final 
determinations about whether the Medicare services beneficiaries 
received met professionally recognized standards of health care. 

* Case Review Category. This category is used to document the type of 
review the QIO is conducting--that is, whether the QIO is conducting a 
quality of care review or another type of review, such as a 
utilization review. 

To calculate the volume of quality of care reviews that QIOs conducted 
under the previous contract, CMS used the number of records that QIOs 
created in the CRIS beneficiary complaint category and the number of 
records marked as quality of care reviews in the CRIS case review 
category.[Footnote 20] 

To obtain information about the cost of QIOs' quality of care reviews, 
CMS officials used information from another CMS electronic information 
system, the Financial Information and Vouchering System (FIVS), which 
is used to record information about the labor costs associated with 
QIOs' various activities and reviews, including quality of care 
reviews. QIOs are required, on a monthly basis, to record cost 
information into FIVS, such as the number of hours QIO employees spend 
conducting reviews and QIO employees' hourly rates of pay. CMS 
established 18 cost codes for QIOs to use for recording their labor 
costs related to conducting reviews, including quality of care 
reviews, under the current contract.[Footnote 21] One of these codes--
the quality of care review cost code--is the primary code used to 
record labor costs associated with quality of care reviews, such as 
costs associated with conducting medical record reviews or 
communicating with beneficiaries, providers, and practitioners about 
the quality of care review process. 

To establish the portion of QIOs' budgets for quality of care reviews, 
CMS officials told us they use the volume and cost information QIOs 
are required to record in CRIS and FIVS. Specifically, to establish 
budgets for QIOs' quality of care reviews for the current 3-year 
contract, the 9th Statement of Work, CMS officials used this volume 
and cost information in a multistep process. First, using the volume 
and cost information the QIOs recorded in CRIS and FIVS during the 
previous 3-year contract period, CMS calculated a nationwide median 
number of labor hours per quality of care review.[Footnote 22] Next, 
CMS instructed the QIOs to use this nationwide median number of labor 
hours or the QIO's own average number of labor hours per quality of 
care review--whichever was lower--to develop proposed budgets to 
conduct quality of care reviews under the 9th Statement of Work. 
[Footnote 23] Further, the QIOs' proposed budgets were to be based on 
the result of this labor hours calculation and the volume of quality 
of care reviews the QIOs expected they would perform over the course 
of the next 3 years.[Footnote 24] CMS officials told us that the QIOs 
then added their estimates for quality of care reviews to their 
estimates for other activities and reviews, and submitted their 
proposed budgets to CMS about 4 months prior to the start of the 
current contract. 

After receiving each QIO's budget proposal, CMS officials reviewed the 
proposals by comparing them to CMS's own estimates of funding each QIO 
would likely need to conduct its activities and reviews for the 9th 
Statement of Work, including quality of care reviews.[Footnote 25] As 
part of this review, CMS determined whether each QIO's proposed budget 
was higher or lower than CMS's own estimates for these reviews. 
Officials then negotiated with each QIO to agree upon a total budget 
for the current 3-year contract, which included an amount for 
conducting quality of care and other reviews. 

CMS's Instructions to QIOs for Recording Volume and Cost Information 
for Quality of Care Reviews Lack Clarity: 

Although CMS requires QIOs to record volume and cost information about 
their quality of care reviews in CRIS and FIVS, the agency has not 
provided clear instructions for how QIOs should record this 
information in these systems. CMS has established basic requirements 
for the quality of care review information QIOs must provide to the 
agency; however, these requirements do not include specific 
instructions about how QIOs should record volume and cost information 
in CRIS and FIVS. CMS's requirements are outlined in CMS's current QIO 
contract, a 2003 QIO policy manual, and a 2008 policy memo. According 
to CMS's contract, QIOs must record all information about their 
quality of care reviews in CRIS within 3 days. However, the contract 
and policy manual do not specify which CRIS categories QIOs should use 
to record certain types of information related to the volume of 
quality of care reviews. In addition, CMS's 2008 policy memo 
identifies the different cost codes QIOs should use to record their 
labor costs in FIVS under the current contract.[Footnote 26] However, 
CMS's memo does not specify exactly which quality of care review tasks 
should be recorded with each cost code. 

We found inconsistencies among some QIOs in the ways they record 
volume and cost information in CRIS and FIVS, respectively. (See 
enclosure III for examples of variation in the seven QIOs' 
implementation of other quality of care review tasks, such as how QIOs 
review medical records.) Among the seven QIOs we interviewed, we found 
that all seven create a record in the CRIS beneficiary complaint 
category when they receive a written beneficiary concern that relates 
to the quality of Medicare services; however, some QIOs also create a 
record in this category under other circumstances. Specifically, we 
found: 

* Three of the seven QIOs also create records in the beneficiary 
complaint category when they receive oral beneficiary concerns that 
they expect will eventually result in a written beneficiary concern. 
However, in some cases beneficiaries ultimately do not submit written 
concerns to the QIO, which means that the QIO cannot initiate a 
quality of care review.[Footnote 27] Therefore, these three QIOs could 
report a higher volume of beneficiary complaint records in CRIS, 
relative to the four QIOs that do not create records in the CRIS 
beneficiary complaint category for oral beneficiary concerns. 

* Two of the seven QIOs also create records in the beneficiary 
complaint category for written beneficiary concerns that may not 
relate to the quality of care for Medicare services received by the 
beneficiaries. The remaining five QIOs record this information in 
another CRIS category. Therefore, the two QIOs could report a higher 
volume of records in the beneficiary complaint category than the 
remaining five QIOs report. 

In addition, when conducting quality of care reviews initiated by 
another type of review, such as a utilization review, QIOs vary as to 
whether they create a record for a quality of care review in the CRIS 
case review category. Specifically, we found: 

* Three QIOs create records in the case review category for quality of 
care reviews they perform, but only when they determine that Medicare 
services did not meet professionally recognized standards of health 
care. 

* In contrast, the remaining four QIOs create records in the case 
review category for quality of care reviews regardless of the QIOs' 
final determinations about whether Medicare services met 
professionally recognized standards of health care. 

Similarly, while all seven QIOs in our review use FIVS to report cost 
information to CMS, in some cases the QIOs vary in which of the FIVS 
cost codes they use to classify labor costs associated with conducting 
the quality of care review process. We found: 

* QIOs do not always use the quality of care cost code to record their 
labor costs when they identify a quality of care concern while 
conducting other types of reviews, such as a utilization review. While 
staff from two QIOs reported using the quality of care cost code, 
staff from the remaining five QIOs reported using other cost codes. As 
a result, these five QIOs could be reporting lower labor costs for 
quality of care reviews relative to the remaining two QIOs. 

* Four of seven QIOs record their labor costs under the quality of 
care review cost code for activities associated with the helpline, 
such as when following up with beneficiaries who express their 
concerns orally through the QIO's helpline. As a result, labor costs 
recorded under the quality of care review cost code for these four 
could be higher when compared to the other three QIOs that record 
their labor costs for activities associated with the helpline under 
the helpline cost code. 

Conclusions: 

To set the QIOs' budgets for quality of care reviews, CMS depends on 
historical volume and cost information the agency obtains from the 
QIOs. However, because CMS does not provide clear instructions for how 
the QIOs should record their volume and cost information in CMS's 
information systems, CMS does not obtain consistent information across 
the QIOs it oversees. Without consistent information on the volume and 
costs for quality of care reviews, CMS cannot ensure that the budget 
for these reviews that it establishes for each QIO is appropriate. By 
providing clear, specific instructions for how the QIOs should record 
information in CRIS and FIVS, CMS could improve the information it 
obtains from the QIOs to establish budgets for quality of care reviews. 

Recommendation for Executive Action: 

To ensure that QIOs consistently record volume and cost information 
for their quality of care reviews and to help ensure that the budgets 
CMS establishes for these reviews are appropriate, the Administrator 
of CMS should develop clear instructions specifying how QIOs should 
record information about the volume and costs of their quality of care 
reviews in CRIS and FIVS. 

Agency and QIO Comments: 

The Department of Health and Human Services provided us with written 
comments on a draft of this report. The department's comments are 
reprinted in enclosure IV. HHS agreed with our recommendation and 
offered additional comments from CMS. In its comments, CMS indicated 
that the agency is taking steps to improve the collection of volume 
and cost information from QIOs. CMS said it would provide explicit and 
clear guidance to QIOs about how to record this information prior to 
the start of the 10th Statement of Work. HHS also provided technical 
comments that we incorporated as appropriate. 

We also provided the seven QIOs we interviewed the opportunity to 
verify statements they made that were used to support our findings and 
incorporated their comments as appropriate. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution of it until 30 
days from the report date. At that time, we will send copies to the 
Secretary of Health and Human Services, the Administrator of the 
Centers for Medicare & Medicaid Services, and other interested 
parties. In addition, the report will be available at no charge on the 
GAO Web site at [hyperlink, http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-7114 or kingk@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. GAO staff members who made key 
contributions to this report are listed in enclosure V. 

Signed by: 

Kathleen M. King: 
Director, Health Care: 

Enclosures - 5: 

[End of section] 

Enclosure I: Scope and Methodology: 

This report describes and assesses the information CMS uses to 
establish the portion of QIOs' budgets for quality of care reviews. To 
conduct this work, we reviewed the Centers for Medicare and Medicaid 
Services' (CMS) current 3-year contract with Quality Improvement 
Organizations (QIO)--the 9th Statement of Work[Footnote 28]--and CMS 
policies, such as CMS's Quality Improvement Organization (QIO) manual 
[Footnote 29] and relevant CMS policy memos. We reviewed these 
materials and interviewed agency officials in order to identify the 
information CMS used, including information CMS obtained from the 
QIOs, to establish the QIOs' budgets for their quality of care reviews 
for the 9th Statement of Work. We also reviewed these materials, as 
well as relevant statutes and regulations, and interviewed agency 
officials in order to understand the quality of care review process. 
We then administered a Web-based pre-interview questionnaire and 
conducted structured interviews with officials from a judgmental 
sample of seven QIOs that currently hold contracts with CMS, in order 
to obtain information about how they conduct their quality of care 
reviews, the variation in their implementation of these reviews, and 
the information they regularly report to CMS about these reviews. 

To identify the entities that hold QIO contracts for each state under 
CMS's current contract, we accessed a comprehensive list of QIOs from 
the QIO Directory on the QualityNet Web site [hyperlink, 
http://www.qualitynet.org], a Web site established by CMS for QIOs. 
The QIO Directory lists the name of each QIO, along with its telephone 
number and Web site address. We used individual QIOs' Web sites to 
gather contact information and information about whether the QIO is 
part of a multistate QIO corporate affiliation.[Footnote 30] We 
confirmed the QIO entities we identified as holding contracts in each 
state, as well as which of those QIOs have multistate corporate 
affiliations, with a QIO association. 

To select our judgmental sample of seven QIOs, we ranked the 48 
contiguous states and the District of Columbia[Footnote 31] by the 
number of eligible Medicare beneficiaries[Footnote 32] residing in 
each state, according to CMS's 2009 Medicare enrollment data. We then 
selected three states with a high number of eligible Medicare 
beneficiaries, two states with a medium number of eligible Medicare 
beneficiaries, and two states with a low number of eligible Medicare 
beneficiaries, in order to create our judgmental sample of seven 
states. Our selection also took into account corporate affiliations 
among QIOs as well as geographic distribution of the selected states. 
We included more states with a high number of eligible Medicare 
beneficiaries when selecting our judgmental sample of QIOs in order to 
develop a sample that represented a greater proportion of the total 
population of eligible Medicare beneficiaries nationwide. In all, 
about 21 percent of the 2009 population of eligible Medicare 
beneficiaries in the United States resided in the seven states 
included in our sample. The information we obtained from our selected 
QIOs cannot be generalized to all QIOs. 

To assess the reliability of QIOs' responses to our Web-based pre- 
interview questionnaire, we manually checked the responses to identify 
illogical or inconsistent responses and other indications of possible 
errors. We also conducted follow-up interviews with the officials we 
interviewed from the selected QIOs in order to clarify their answers 
and to gain a contextual understanding of their responses to certain 
questions on our pre-interview questionnaire and to our interview 
questions. To assess the reliability of CMS's 2009 Medicare enrollment 
data, which we used to select the seven QIOs, we reviewed relevant 
documentation about the data. We determined that the enrollment data 
we used for our report were sufficiently reliable for our purposes. 

We conducted this performance audit from October 2009 through December 
2010 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

[End of section] 

Enclosure II: Quality Improvement Organizations' (QIO) Processes for 
Conducting Quality of Care Reviews: 

There are four steps that QIOs should follow to conduct quality of 
care reviews.[Footnote 33] Quality of care reviews are reviews of 
concerns raised by Medicare beneficiaries and others[Footnote 34] to 
determine whether the quality of medical services financed by Medicare 
and delivered to beneficiaries met professionally recognized standards 
of health care.[Footnote 35] The first key step in the quality of care 
review process is for QIOs to receive quality of care concerns. 
[Footnote 36] Beneficiaries may initiate their quality of care 
concerns by mailing a letter to a QIO[Footnote 37] or by calling a 
QIO's helpline[Footnote 38] to register their concerns orally. 
[Footnote 39] QIOs may staff their helplines with clinicians, such as 
nurses, or with non-clinical staff. However, QIOs can proceed with 
further steps of the quality of care review only after the beneficiary 
submits a written description of the concern. Therefore, QIOs can 
proceed with reviews for oral beneficiary concerns only if they obtain 
a written concern from the beneficiary.[Footnote 40] CMS instructs 
QIOs to advise beneficiaries who registered their quality of care 
concerns orally to submit their concerns in writing and to assist 
beneficiaries in preparing written concerns when needed--for example, 
by sending beneficiaries a form to complete--in order to proceed with 
a quality of care review. QIOs may also follow-up with beneficiaries 
who called the QIO but have not yet submitted written concerns. 
[Footnote 41] 

The second key step in the quality of care review process is for the 
QIO, after receiving a quality of care concern, to request, receive, 
and review the beneficiary's medical records.[Footnote 42] 
Specifically, CMS requires the QIO to request the medical records held 
by the providers or practitioners[Footnote 43] who delivered the 
Medicare services about which there is a concern within 5 calendar 
days of receipt of the concern and to allow 30 calendar days to 
receive them.[Footnote 44] To conduct medical record reviews, QIOs use 
physician reviewers[Footnote 45] to review the evidence documented in 
the beneficiary's medical records and to determine whether or not the 
Medicare services delivered to the beneficiary met professionally 
recognized standards of health care.[Footnote 46] QIOs and their 
physician reviewers may review medical records up to three times in 
order to reach a final determination regarding whether Medicare 
services met professionally recognized standards of health care. 
[Footnote 47] QIOs may offer beneficiaries an opportunity to pursue an 
alternative dispute resolution when they determine that Medicare 
services met professionally recognized standards of health care. 
[Footnote 48] 

In the third key step of the quality of care review process, CMS 
requires the QIO to notify involved providers or practitioners--
through written notices--of the QIO's final determination. In 
instances where the QIO found that the care provided did not meet 
professionally recognized standards of health care, the QIO may use 
this written notice to inform the relevant providers or practitioners 
that they must take steps to improve the quality of the Medicare 
services they provide, referred to by CMS as a quality improvement 
activity.[Footnote 49] In addition, for quality of care concerns 
initiated by beneficiaries and involving practitioners, the QIO also 
must seek the practitioners' consent to disclose details about the 
QIO's findings to beneficiaries.[Footnote 50] 

For the fourth and final key step of the quality of care review 
process, the QIO is required to provide the beneficiary with a written 
notification of its final determination about whether the Medicare 
services delivered by the provider or practitioner met professionally 
recognized standards of health care.[Footnote 51] CMS requires that 
these written beneficiary notices include a brief explanation of QIOs' 
quality of care review duties and functions, a brief summary of the 
beneficiary's quality of care concern, a statement about whether the 
Medicare services met professionally recognized standards of health 
care, and contact information for a QIO staff person.[Footnote 52] In 
instances involving providers and where involved practitioners provide 
consent, CMS requires QIOs to provide additional details of their 
findings to beneficiaries beyond the statement of whether the Medicare 
services met professionally recognized standards of health care. 
[Footnote 53] 

[End of section] 

Enclosure III: Selected Points of Variation among Quality Improvement 
Organizations (QIO) in Their Implementation of the Quality of Care 
Review Process for Quality of Care Concerns from Medicare 
Beneficiaries: 

This enclosure provides selected points of variation among the seven 
QIOs we interviewed in their implementation of the four steps of the 
quality of care review process.[Footnote 54] We interviewed the seven 
QIOs about their quality of care review processes for quality of care 
concerns received from Medicare beneficiaries. 

Table 1: 

Key step of quality of care review process: Step 1: Receive quality of 
care concern. 

Selected elements of the quality of care review process that vary 
among QIOs: Professional background of staff who instruct 
beneficiaries who register their concerns orally to submit written 
quality of care concerns.[A]; 
Description of QIOs' variation: 
* Three QIOs use non-clinical staff to instruct beneficiaries who 
register their concerns orally to submit their quality of care 
concerns in writing; 
* Four QIOs use clinical staff, such as nurses, to instruct 
beneficiaries who register their concerns orally to submit their 
quality of care concerns in writing. 

Selected elements of the quality of care review process that vary 
among QIOs: Routinely assisting beneficiaries who register their 
concerns orally in preparing written quality of care concerns; 
Description of QIOs' variation: 
* Three QIOs routinely assist beneficiaries who register their 
concerns orally by preparing written quality of care concerns--such as 
by composing a written summary on the beneficiary's behalf and 
forwarding it to the beneficiary for signature; 
* Three QIOs routinely assist beneficiaries who register their 
concerns orally by completing the beneficiaries' demographic 
information but do not routinely assist beneficiaries by preparing 
written quality of care concerns on their behalf; 
* One QIO does not routinely assist beneficiaries who register their 
concerns orally either by completing the beneficiaries' demographic 
information or by preparing written concerns on their behalf. 

Selected elements of the quality of care review process that vary 
among QIOs: Following up with beneficiaries who register their quality 
of care concerns orally and do not submit written quality of care 
concerns[B]; 
Description of QIOs' variation: 
* Four QIOs contact beneficiaries who register their quality of care 
concerns orally only once within 30 days to follow up when written 
concerns are not received; 
* Three QIOs contact beneficiaries who register their quality of care 
concerns orally twice within 30 days to follow up when written 
concerns are not received. 

Key step of quality of care review process: Step 2: Review medical 
record. 

Selected elements of the quality of care review process that vary 
among QIOs: Time given to relevant providers or practitioners to 
supply medical records[C]; 
Description of QIOs' variation: 
* Two QIOs initially request that relevant providers or practitioners 
provide medical records to the QIO in fewer than 30 days; 
* Five QIOs initially give relevant providers or practitioners a full 
30 days to provide medical records to the QIO. 

Selected elements of the quality of care review process that vary 
among QIOs: Using specialists, such as orthopedists, as physician 
reviewers when specialists are involved in the quality of care 
concerns under review[D]; 
Description of QIOs' variation: 
* Six QIOs almost always use specialists as physician reviewers when 
specialists are involved in the quality of care concerns under review; 
* One QIO uses generalists and specialists as physician reviewers when 
specialists are involved in the quality of care concerns under review. 

Selected elements of the quality of care review process that vary 
among QIOs: Identifying and providing relevant professionally 
recognized standards of health care[E] for physician reviewers to 
consider when reviewing medical records; 
Description of QIOs' variation: 
* Five of the seven QIOs identify and provide relevant professionally 
recognized standards of health care for the physician reviewers to 
consider when reviewing medical records; 
* Two QIOs do not identify and provide relevant standards of health 
care for the physician reviewers. 

Selected elements of the quality of care review process that vary 
among QIOs: Medical Directors' involvement in accepting physician 
reviewer decisions; 
Description of QIOs' variation: 
* Three QIOs told us that they generally accept their physician 
reviewers' decisions as final; 
* Three QIOs told us that on occasion, their Medical Directors may 
change their physician reviewers' decisions; 
* One QIO told us that its Medical Director may request another 
physician reviewer's opinion in lieu of accepting a reviewer's 
decision as final. 

Selected elements of the quality of care review process that vary 
among QIOs: Providing an opportunity for beneficiaries to participate 
in alternative dispute resolution[F]; 
Description of QIOs' variation: 
* Seven QIOs offer beneficiaries the opportunity to participate in 
alternative dispute resolution. 

Key step of quality of care review process: Step 3: Notify provider or 
practitioner of final determination. 

Selected elements of the quality of care review process that vary 
among QIOs: Following up with practitioners concerning consent to 
disclose the details of QIOs' final determinations to beneficiaries[G]; 
Description of QIOs' variation: 
* Five QIOs follow up with practitioners by calling, mailing, or 
faxing them reminders to return their consents for disclosure; 
* Two QIOs do not follow up with practitioners from whom they have not 
received responses to requests for consent for disclosure. 

Selected elements of the quality of care review process that vary 
among QIOs: Action taken to convince practitioners to disclose the 
details of the QIOs' final determinations to beneficiaries; 
Description of QIOs' variation: 
* One QIO takes action to convince practitioners to disclose the 
details of quality of care review findings to beneficiaries; 
* Six QIOs do not take any action to convince practitioners to 
disclose the details of quality of care review findings to 
beneficiaries. 

Selected elements of the quality of care review process that vary 
among QIOs: Who determines the appropriate quality improvement 
activity to initiate when Medicare services did not meet 
professionally recognized standards of health care[H]; 
Description of QIOs' variation: 
* Three QIOs rely on physician reviewers' recommendations about the 
appropriate quality improvement activity to initiate; 
* Two QIOs convene a committee of QIO staff to determine the 
appropriate quality improvement activity to initiate; 
* One QIO convenes a committee of physician reviewers to determine the 
appropriate quality improvement activity to initiate; 
* One QIO relies on its Medical Director to determine the appropriate 
quality improvement activity to initiate. 

Key step of quality of care review process: Step 4: Notify beneficiary 
of final determination. 

Selected elements of the quality of care review process that vary 
among QIOs: Information provided to beneficiaries about QIOs' review 
findings[I]; 
Description of QIOs' variation: 
* Three of the seven QIOs generally adhere to CMS's model language for 
the introduction, body, and closing paragraphs of their beneficiary 
notification letters; 
* Four of the seven QIOs include additional language in the 
introduction, body or closing paragraphs of their beneficiary 
notification letters, such as language to assure beneficiaries that 
the submission of their quality of care concerns will help improve the 
quality of health care for other Medicare beneficiaries--even in cases 
where the QIO's medical record review found that delivered Medicare 
services met professionally recognized standards of health care. 

Source: GAO analysis of interviews with seven QIOs. 

[A] Each QIO staffs a beneficiary helpline, a toll-free telephone 
number that beneficiaries may call to voice their quality of care 
concerns or to request other Medicare-related information or 
assistance from the QIO. QIOs may staff their helplines with 
clinicians, such as nurses, or with non-clinical staff. 

[B] CMS, in the August 29, 2003, version of Chapter 5 of the QIO 
policy manual, does not specify the time frame QIOs should follow up 
with beneficiaries who express their quality of care concerns orally 
but who subsequently do not submit a written record of their quality 
of care concerns. 

[C] For the purposes of quality of care reviews, a "provider" is 
defined as a hospital or other health care facility, agency, or 
organization and a "practitioner" is defined as a physician or other 
health care professional licensed under state law to practice his or 
her profession. See 42 C.F.R § 1004.1 (2009). CMS requires the QIO to 
request the medical records held by the providers or practitioners who 
delivered the Medicare services about which there is a concern within 
5 calendar days of receipt of the concern and to allow 30 calendar 
days to receive them for a retrospective quality of care review. See 
42 C.F.R § 476.78(b)(2) (2009). 

[D] Physician reviewers are practitioners who match, as closely as 
possible, the variables of licensure, specialty, and practice setting 
of a practitioner under review and maintain at least 20 hours a week 
of active practice. Physician reviewers are generally specialists in 
the same field as the physician under review. See CMS Publication 100-
10, Quality Improvement Organization Manual, Chapter 4: Case Review, § 
4620 (Baltimore, Md. revised July 11, 2003). 

[E] Professionally recognized standards of health care are defined as 
statewide or national standards of care, whether in writing or not, 
that professional peers, such as physicians, recognize as applying to 
their fellow peers practicing or providing care within a state. See 42 
C.F.R. § 1001.2 (2009). 

[F] QIOs may offer beneficiaries an opportunity to pursue an 
alternative dispute resolution when they determine that Medicare 
services met professionally recognized standards of health care. An 
example of an alternative dispute resolution is a facilitated 
conversation where QIO staff talk separately with the beneficiary and 
the provider and/or practitioner with the intent of obtaining 
resolution of a beneficiary's quality of care concerns. 

[GF] or quality of care concerns initiated by beneficiaries and 
involving practitioners, the QIO must seek the practitioners' consent 
to disclose details about the QIO's findings to beneficiaries. See 42 
C.F.R. § 480.133(a)(2)(iii) (2009). QIOs are not required to obtain 
such consent from providers that were found to deliver Medicare 
services that did or did not meet professionally recognized standards 
of health care because provider-specific information is not included 
in the definition of confidential information. See 42 C.F.R. § 
480.101(b) (2009). The QIOs' findings about Medicare services 
delivered by providers are disclosed to beneficiaries. 

[H] In its contract with QIOs, CMS defines a quality improvement 
activity as an activity initiated by a QIO that requires the provider 
or practitioner to articulate a plan or activity to improve an 
identified quality of care concern. Examples of quality improvement 
activities initiated by QIOs include requiring the provider or 
practitioner to conduct staff training and requiring the provider or 
practitioner to review a process and reduce unnecessary steps. 

[I] CMS provides model language that QIOs may use in their final 
beneficiary notification letters--the letters with QIOs' final 
determinations regarding whether the Medicare services about which 
there is a concern met professionally recognized standards of health 
care. See CMS Publication #100-10, Quality Improvement Organization 
Manual, Chapter 5: Quality of Care Review, § 5030, (Baltimore, Md.: 
revised Aug. 29, 2003). 

[End of table] 

[End of section] 

Enclosure IV: Comments from the Department of Health and Human 
Services: 

Department Of Health & Human Services: 
Office of the Secretary: 
Assistant Secretary for Legislation: 
Washington, DC 20201: 

November 15, 2010: 

Kathleen King: 
Director, Health Care: 
U.S. Government Accountability Office: 
441 G Street N.W. 
Washington, DC 20548: 

Dear Ms. King: 

Attached are comments on the U.S. Government Accountability Office's 
(GAO) correspondence entitled: "Medicare: CMS Needs to Collect 
Consistent Information from Quality Improvement Organizations to 
Strengthen Its Establishment of Budgets for Quality of Care Reviews"
(GAO 11-116R). 

The Department appreciates the opportunity to review this 
correspondence before its publication. 

Sincerely, 

Signed by: 

Jim R. Esquea: 
Assistant Secretary for Legislation: 

Attachment: 

[End of letter] 

General Comments Of The Department Of Health And Human Services (HHS) 
On The Government Accountability Office's (GAO) Draft Correspondence 
Entitled, "Medicare: CMS Needs To Collect Consistent Information From 
Quality Improvement Organizations To Strengthen Its Establishment Of 
Budgets For Quality Of Care Reviews" (GAO-11-116R): 

The Department appreciates the opportunity to review and comment on 
this draft report. This report describes and assesses the information 
that the Centers for Medicare and Medicaid Services (CMS) uses to 
establish the portion of QIOs' budgets for quality of care reviews. 

GAO Recommendation: 

To ensure that QIOs consistently record volume and cost information 
for their quality of care reviews and to help ensure that the budgets 
CMS establishes for these reviews are appropriate, the Administrator 
of CMS should develop clear instructions specifying how QIOs should 
record information about the volume and costs of their quality of care 
reviews in Case Review Information Systems (CRIS) and Financial 
Information and Vouchering Systems (FIVS). 

CMS Response: 

We concur with the recommendation made in the report, that CMS should 
develop clear instructions specifying how QIOs should record 
information about the volume and costs of their quality of care 
reviews in CRIS and FIVS. 

The CMS acknowledges that there are differences in review processes 
and practices across the QIOs. In April 2009, CMS began redesigning 
the Beneficiary Protection Program case review processes and the 
design and development of a new CRIS. The redesigned processes and 
system will ensure standardization in the collection, analysis, and 
reporting of information related to quality of care and other review 
types, under the QIOs authority, to support budget decisions. In 
preparation for the 10th Statement of Work (SOW), CMS has conducted a 
review of case review operations identifying opportunities to improve 
the consistency of case review volume and cost. Prior to the start of 
the QIO 10th SOW, CMS will provide explicit and clear guidance to QIOs 
on the recording and reporting of case review volume and cost 
information. 

We believe our actions to date demonstrate our success in addressing 
the need to improve the collection of information from QIOs to better 
establish the budgets for all case review functions. We look forward 
to working with the GAO to further address this issue for the well-
being of all Medicare beneficiaries, and thank GAO for doing this work. 

[End of section] 

Enclosure V: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Kathleen M. King, (202) 512-7114 or kingk@gao.gov: 

Acknowledgments: 

In addition to the contact named above, Mary Ann Curran, Assistant 
Director; Julianne Flowers; Krister Friday; Regina Lohr; Alexis 
MacDonald; Lisa Motley; and Lisa Rogers were major contributors to 
this report. 

[End of section] 

Footnotes: 

[1] Medicare is the federal health insurance program for people over 
age 65, individuals under age 65 with certain disabilities, and 
individuals diagnosed with end-stage renal disease. 

[2] QIOs are required to conduct an appropriate review of all written 
quality of care concerns from Medicare beneficiaries, or their 
representatives, alleging that the quality of services they received 
did not meet professionally recognized standards of health care. 42 
U.S.C. § 1320c-3(a)(14); see also 42 C.F.R. § 476.71(a)(2) (2009). 
QIOs are also required by their contracts to review such concerns from 
CMS or CMS-designated entities, such as Medicare Administrative 
Contractors, the CMS contractors whose responsibilities include 
processing and paying Medicare claims. Professionally recognized 
standards of health care are defined as statewide or national 
standards of care, whether in writing or not, that professional peers, 
such as physicians, recognize as applying to their fellow peers 
practicing or providing care within a state. See 42 C.F.R. § 1001.2 
(2009). 

[3] For the purposes of quality of care reviews, a "provider" is 
defined as a hospital or other health care facility, agency, or 
organization and a "practitioner" is defined as a physician or other 
health care professional licensed under state law to practice his or 
her profession. See 42 C.F.R. § 1004.1 (2009). 

[4] CMS's current contract, the 9TH Statement of Work, began on August 
1, 2008, and will end on July 31, 2011. QIOs are responsible for 
performing many other activities and reviews in addition to quality of 
care reviews. For example, under their current contracts, QIOs are 
also responsible for collecting and analyzing data about the rates of 
health care associated infections in health care facilities and 
reviewing beneficiary appeals of denial of Medicare coverage for 
certain services. 

[5] The budgets are not maximum amounts that QIOs can receive from 
CMS. The amounts QIOs receive may be higher or lower than the budgeted 
amounts. Amounts for which QIOs are reimbursed are determined by a 
monthly review by CMS of vouchers of costs incurred by each QIO. CMS 
officials reported that if a QIO thinks it will overspend its budgeted 
amount, the QIO notifies CMS in writing to explain why it expects that 
its costs will exceed budgeted amounts in order for CMS to determine 
if it will provide the QIO additional funds. 

[6] Institute of Medicine, Medicare's Quality Improvement Organization 
Program: Maximizing Potential, (Washington, D.C.: 2006). 

[7] The Hospital Insurance Trust Fund primarily finances hospital, 
home health, skilled nursing facility, and hospice care for Medicare 
beneficiaries, while the Supplementary Medical Insurance Trust Fund 
primarily helps finance physician, outpatient hospital, home health, 
and other services for Medicare beneficiaries. 

[8] See 42 U.S.C. § 1320c-8. 

[9] CMS Publication #100-10, Quality Improvement Organization Manual 
(revised 2003, 2006). 

[10] The Emergency Medical Treatment and Active Labor Act requires 
Medicare participating hospitals with emergency departments to provide 
emergency screening examinations and stabilization treatments to 
individuals, including women in labor, regardless of individuals' 
ability to pay for the services. 42 U.S.C. § 1395dd. 

[11] These sources can include CMS or CMS-designated entities, such as 
Medicare Administrative Contractors--CMS contractors whose 
responsibilities include processing and paying claims--or the QIOs 
themselves when they identify quality of care concerns during the 
course of other types of reviews. 

[12] A beneficiary's designated representative may also submit a 
concern on his or her behalf. In this report, we use the term 
"beneficiary" to refer to both beneficiaries and their representatives. 

[13] If QIOs determine beneficiaries' concerns are unrelated to the 
quality of Medicare services or other QIO responsibilities or 
activities, they may refer beneficiaries' concerns to another entity 
for resolution. For example, QIOs may refer beneficiaries' questions 
about billing to the appropriate CMS contractor for resolution. 

[14] A beneficiary helpline is a QIO-staffed, toll-free telephone 
number that beneficiaries may call to voice quality of care concerns 
or to request other Medicare-related information or assistance from 
the QIO. 

[15] Beneficiaries also may call 1-800-MEDICARE, a nationwide, toll- 
free number that is operated by a CMS contractor. Beneficiaries can 
call this number to inquire about any Medicare services or benefits. 
If a 1-800-MEDICARE representative determines that a beneficiary's 
call is related to the quality of Medicare services, he or she will 
refer the beneficiary to the QIO in the beneficiary's state. 

[16] Section 1154(a)(14) of the Social Security Act requires that QIOs 
conduct an appropriate review of all written quality of care concerns 
from Medicare beneficiaries alleging that the quality of services they 
received did not meet professionally recognized standards of health 
care. See 42 U.S.C. § 1320c-3(a)(14). Based on this requirement, CMS 
does not permit QIOs to proceed with further steps of a quality of 
care review unless beneficiaries submit a written description of their 
concerns or if QIOs determine that the received oral concerns are of a 
serious or urgent nature. See CMS Publication #100-10, Quality 
Improvement Organization Manual, Chapter 5: Quality of Care Review, § 
5010A (Baltimore, Md: revised Aug. 29, 2003). CMS instructs QIOs to 
assist beneficiaries who voice their concerns orally in preparing 
written descriptions of their quality of care concerns, in order to 
proceed with quality of care reviews. 

[17] As of December 3, 2010, CMS did not permit QIOs to initiate 
quality of care reviews for concerns from beneficiaries transmitted by 
e-mail or facsimile. CMS officials told us that the agency plans to 
allow QIOs to accept quality of care concerns submitted by 
beneficiaries via e-mail and facsimile, although as of December 3, 
2010, CMS had not established a date for when it would begin accepting 
these kinds of submissions. 

[18] See 42 U.S.C. § 1320c-3(a)(14). 

[19] The volume of QIOs' quality of care reviews refers to the number 
of these reviews conducted by QIOs. 

[20] In addition, QIOs also may record information about oral 
beneficiary concerns they receive using the helpline category in CRIS. 
In general, this category is used to record information such as 
beneficiaries' names, addresses, and telephone numbers when they call 
a QIO's helpline. QIOs also may use this category to record summary 
information about the concern, document whether the QIO mailed any 
written materials to the beneficiary, and track referrals to other 
entities, such as other Medicare contractors, if the QIO determines 
that the concern is not related to the quality of Medicare services or 
other QIO responsibilities or activities. 

[21] These 18 cost codes include a utilization review cost code to 
record QIOs' costs when QIOs perform reviews to determine the 
necessity and reasonableness of Medicare services provided to a 
beneficiary, and a helpline cost code to record QIOs' costs for 
helping beneficiaries who call a QIO's helpline. 

[22] In order to develop the nationwide median number of labor hours 
for a review, CMS officials told us they determined the average number 
of labor hours per quality of care review for each QIO, using the 
volume of reviews QIOs recorded in the CRIS case review category and 
the total number of labor hours each QIO recorded for these reviews in 
FIVS. CMS then sorted the average numbers for the 53 QIOs from 
smallest to largest and determined the nationwide median number of 
labor hours per quality of care review. The nationwide median number 
of labor hours per quality of care review CMS used to estimate QIOs' 
budgets for the current contract was 41.2 hours. 

[23] CMS officials told us that the agency instructed QIOs to use the 
lesser of the nationwide median or the QIOs' own average number of 
labor hours per review in their budget proposals for quality of care 
reviews as a means of limiting increases in spending on these reviews 
between the previous contract and the current contract. 

[24] To calculate their estimated labor costs for quality of care 
reviews, QIOs multiplied either CMS's nationwide median number of 
labor hours per quality of care review or their own average number of 
labor hours per quality of care review--whichever was lower--by their 
average hourly wage rates. QIOs' expected volume of quality of care 
reviews was based on their historical volume of these reviews. 

[25] CMS officials told us that their budget estimates for each QIO's 
quality of care reviews were based on CMS's estimates for the volume 
of quality of care reviews each QIO was expected to conduct. The 
estimates were based on the QIO's historical volume of these reviews--
that is, the volume of these reviews the QIO recorded in the CRIS 
beneficiary complaint category during the previous 3-year contract 
period. CMS's budget estimates also included the nationwide median 
number of labor hours per quality of care review and the QIO's 
inflation-adjusted average hourly wage rates. 

[26] CMS Standard Data Processing System Memo #08-191-F1, Financial 
Information and Vouchering System (FIVS) 9th Statement of Work 719A 
Cost Elements (issued July 10, 2008). 

[27] In these cases, the three QIOs label these records as abandoned 
in the CRIS beneficiary complaint category and do not perform a 
medical record review. QIOs may proceed with a medical record review 
if they determine that received oral concerns are of a serious or 
urgent nature. 

[28] CMS's current contract, the 9TH Statement of Work, began on 
August 1, 2008, and will end on July 31, 2011. 

[29] Centers for Medicare & Medicaid Services Publication #100-10, 
Quality Improvement Organization Manual (revised 2003, 2006). 

[30] For the purposes of this report, we define QIOs that have been 
awarded contracts from CMS for more than one state as having 
multistate corporate affiliations. 

[31] For the purposes of QIO sample selection, we treated the District 
of Columbia as a state. 

[32] Individuals who are eligible for Medicare include those who are 
age 65 or older, people under age 65 with certain disabilities, and 
people of all ages with End-Stage Renal Disease (permanent kidney 
failure requiring dialysis or a kidney transplant). Not all 
individuals who are eligible for Medicare are enrolled in this 
program. We ranked states based on the number of Medicare-eligible 
individuals residing in each state, not the number of individuals who 
are actually enrolled in the program. 

[33] As of December 3, 2010, the Centers for Medicare & Medicaid 
Services' (CMS) QIO policy manual listed nine steps for the quality of 
care review process, which we simplified to four steps for this report. 

[34] QIOs review quality of care concerns from Medicare beneficiaries, 
their representatives, and from CMS or CMS-designated entities, such 
as Medicare Administrative Contractors--the CMS contractors whose 
responsibilities include processing and paying Medicare claims. This 
enclosure focuses on QIOs' processes for conducting quality of care 
reviews that were initiated by beneficiaries and their 
representatives, and we use the term "beneficiaries" to refer to both 
beneficiaries and their representatives. 

[35] Professionally recognized standards of health care are defined as 
statewide or national standards of care, whether in writing or not, 
that professional peers, such as physicians, recognize as applying to 
their fellow peers practicing or providing care within a state. See 42 
C.F.R. § 1001.2 (2009). 

[36] If QIOs determine beneficiaries' concerns are unrelated to the 
quality of Medicare services or their other responsibilities or 
activities, they may refer beneficiaries to another entity for 
resolution. For example, QIOs may refer beneficiaries' questions about 
billing to the appropriate CMS contractor for resolution. 

[37] As of December 3, 2010, CMS did not permit QIOs to initiate 
quality of care reviews for concerns from beneficiaries transmitted by 
e-mail or facsimile. CMS officials told us that the agency plans to 
allow QIOs to accept quality of care concerns submitted by 
beneficiaries via e-mail and facsimile, although as of December 3, 
2010, CMS had not established a date for when it would begin accepting 
these kinds of submissions. 

[38] A beneficiary helpline is a QIO-staffed, toll-free telephone 
number that beneficiaries may call to voice quality of care concerns 
or to request other Medicare-related information or assistance from 
the QIO. 

[39] Beneficiaries also may call 1-800-MEDICARE, a nationwide, toll- 
free number that is operated by a CMS contractor. Beneficiaries can 
call this number to inquire about any Medicare services or benefits. 
If a 1-800-MEDICARE representative determines that a beneficiary's 
call is related to the quality of Medicare services, he or she will 
refer the beneficiary to the QIO in the beneficiary's state. 

[40] Section 1154(a)(14) of the Social Security Act requires that QIOs 
conduct an appropriate review of all written quality of care concerns 
from Medicare beneficiaries alleging that the quality of services they 
received did not meet professionally recognized standards of health 
care. See 42 U.S.C. § 1320c-3(a)(14). Based on this requirement, CMS 
does not permit QIOs to proceed with further steps of a quality of 
care review unless beneficiaries submit a written description of their 
concerns or QIOs determine that the received oral concerns are of a 
serious or urgent nature. See CMS Publication #100-10, Quality 
Improvement Organization Manual, Chapter 5: Quality of Care Review, § 
5010A (Baltimore, Md.: revised Aug. 29, 2003). 

[41] CMS, in the August 29, 2003, version of chapter 5 of the QIO 
policy manual, does not specify the time frame in which QIOs should 
follow up with beneficiaries who expressed their quality of care 
concerns orally but who subsequently do not submit written records of 
their quality of care concerns. 

[42] QIOs may not request, receive, or review beneficiaries' medical 
records when they determine that the beneficiaries' concerns are 
unrelated to the quality of Medicare services. 

[43] For the purposes of quality of care reviews, a "provider" is 
defined as a hospital or other health care facility, agency, or 
organization and a "practitioner" is defined as a physician or other 
health care professional licensed under state law to practice his or 
her profession. See 42 C.F.R. § 1004.1 (2009). 

[44] These time frames apply to retrospective quality of care reviews. 

[45] Physician reviewers are practitioners who generally match the 
variables of licensure, specialty, and practice setting of a 
practitioner under review and maintain at least 20 hours a week of 
active practice. Physician reviewers are generally specialists in the 
same field as a physician under review. See CMS Publication 100-10, 
Quality Improvement Organization Manual, Chapter 4: Case Review, § 
4620 (Baltimore, Md.: revised July 11, 2003). 

[46] Some QIOs also have medical directors on staff, whose 
responsibilities may include evaluating physician reviewers' decisions 
about whether Medicare services met professionally recognized 
standards of health care. 

[47] If QIOs' physician reviewers initially determine that the 
Medicare services provided did not meet professionally recognized 
standards of health care, the QIOs are required to afford the involved 
providers or practitioners an opportunity to provide additional 
information for the QIO to review. See 42 U.S.C. § 1320c-3(a)(14). If, 
after reviewing the medical record again with the additional 
information, the QIOs' physician reviewers still determine that the 
Medicare services did not meet professionally recognized standards of 
health care, the involved providers or practitioners may request that 
QIOs conduct one additional medical record review. 

[48] An example of an alternative dispute resolution is a facilitated 
conversation where QIO staff talk separately with the beneficiary and 
the provider and/or practitioner with the intent of obtaining 
resolution to a beneficiary's quality of care concerns. 

[49] In its contract with QIOs, CMS defines a quality improvement 
activity as an activity initiated by a QIO that requires the provider 
or practitioner to articulate a plan or activity to improve an 
identified quality of care concern and for the QIO to follow up to 
ensure a plan is complete or an activity is undertaken. Examples of 
quality improvement activities initiated by QIOs include requiring the 
provider or practitioner to conduct staff training and requiring the 
provider or practitioner to review a process and reduce unnecessary 
steps. 

[50] See 42 C.F.R. § 480.133(a)(2)(iii) (2009). QIOs are not required 
to obtain such consent from involved providers that were found to 
deliver Medicare services that did or did not meet professionally 
recognized standards of health care since provider-specific 
information is not included in the definition of confidential 
information. In contrast, practitioner-specific information is 
confidential. See 42 C.F.R. § 480.101(b) (2009). 

[51] See 42 U.S.C. § 1320c-3(a)(14). 

[52] CMS provides model language that QIOs may use in their final 
beneficiary notification letters--the letters with QIOs' final 
determinations regarding whether the Medicare services about which 
there is a concern met professionally recognized standards of health 
care. See CMS Publication #100-10, Quality Improvement Organization 
Manual, Chapter 5: Quality of Care Review, § 5030, (Baltimore, Md.: 
revised Aug. 29, 2003). 

[53] The Department of Health and Human Services Office of Inspector 
General reported in October 2010 that QIOs obtained consent for 
disclosure from practitioners in 52 percent of the 2,768 requests for 
practitioner consent for disclosure made between August 1, 2008, and 
December 31, 2009. See Department of Health and Human Services Office 
of Inspector General, Memorandum Report: Quality Improvement 
Organizations' Final Responses to Beneficiary Complaints, OEI-01-09- 
00620, (Washington, D.C.: October 2010). 

[54] As of December 3, 2010, CMS's QIO policy manual listed nine steps 
for the quality of care review process, which we simplified to four 
steps for this report. 

[End of section] 

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