Stay up-to-date to remain compliant in the new year.

Welcome to 2021! The new year usually brings some new or updated compliance matters to address, and this year is no different. Below are some updates to be aware of and to add to your new year compliance schedules.

Contact Lens Rule update

Effective Oct. 16, 2020, this rule requires eye-care providers to give patients copies of their prescription. Therefore, if you have not altered your processes for documenting your patients’ receipt of their contact lens prescriptions, it is time to do so. The regulation also requires the delivery of the contact lens prescription to the patient within five working days of the request.

Practices have found several ways to comply, including adding a patient attestation signature line to their contact lens prescription forms and scanning the form after the patient signs. Patients also can consent to receive their prescriptions digitally. To read the full rule, visit bit.ly/2VpImJi . The Federal Trade Commission, which is in charge of regulation enforcement, provides answers to FAQs at bit.ly/3ql1l5I .

CMS ABN update

This update was released in August, with an extended compliance deadline of Jan. 1, 2021 due to the national health emergency. Under this update, practices are required to use the updated Advance Beneficiary Notice (ABN) form for their Medicare Part B fee-for-service patients, when applicable. The new ABN, with instructions and a Spanish-language version are found here: go.cms.gov/2XxyfmX . Use of outdated versions is considered non-compliance. Practices also often have partially completed ABNs throughout the practice, and these will all need to be updated with the new form, which expires June 30, 2023.

E/M code documentation requirements

Effective Jan. 1, 2021 this update is part of the Patients Over Paperwork initiative, which seeks to reduce the documentation burden on covered health-care providers. To view the new Evaluation and Management (E/M) code changes, visit bit.ly/2U7fVz2 , and read more in this issue’s “Coding” column, p. 26.

Practices need to become familiar with the new Medical Decision-Making table (included in the previous link) and time rules to remain compliant in their documentation. For more information, see last issue’s Compliance column (bit.ly/OPcompliance1120 ).

Summary 4004 of the Cures Act

This section of the act, which goes into effect April 5, involves access to electronic health information (EHI) and outlines specific activities for practices and IT vendors to ensure “information blocking” does not occur. Defined by HealthIT.gov : “information blocking is a practice by a health IT developer of certified health IT, health information network, health information exchange, or health-care provider that, except as required by law or specified by the Secretary of Health and Human Services as a reasonable and necessary activity, is likely to interfere with access, exchange, or use of EHI.”

The American Medical Association (AMA) advises that “physicians should strike a balance between strict regulatory compliance and exercising his/her independent professional judgment—guided by personal and professional beliefs—as to what is in the best interests of patients, the profession, and the community.”

You may be familiar with the information blocking terminology from the required attestation built into the AAO’s IRIS Registry, which must be completed before attesting MIPS through the Registry. The AMA provides these educational references on the topic:

1. Part 1: What is Information Blocking? (bit.ly/3fXpZVt )
2. Part 2: How Do I Comply with Info Blocking and Where Do I Start? (bit.ly/3ql07aC )

Practices should educate themselves on this, provide awareness training to staff so all are cognizant in daily practice operations, and document their training and commitment.

Conclusion

Finally, if you are operating under any of the pandemic waivers, such as the extended Locum Tenens rules, using alternate telemedicine methods, etc., work to ensure you are compliant when the emergency waivers expire.

Best of luck, and I wish you a healthy, happy, and compliant new year! OP

Ms. Brown is a senior consultant with BSM Consulting in Tucson, AZ. She has experience in the ophthalmic industry holding managerial, clinical, and surgical roles for more than 30 years.