Noteworthy

OIG Says State Medicaid Agencies are Ready for HIPAA: After conducting telephone interviews with officials from the 51 state Medicaid agencies, the Washington-based U.S. Office of Inspector General determined that most states are on track to meet the electronic-data-interchange standards of the Health Insurance Portability and Accountability Act. The deadline for compliance is Oct.s 16, 2003, and 42 agencies — representing approximately 80 percent of states — anticipate they will meet that deadline, the OIG reported.

Among the barriers to HIPAA compliance are dwindling financial resources and technical support, regulatory delays, changing federal regulations and inconsistent interpretations, the states reported. More information about this survey is available at http://oig.hhs.gov.

Georgia Class Action Lawsuit Alleges ADA Violation: Seven individuals who, because of their disabilities, were placed in Georgia nursing homes, now are suing the state for the right to receive care in a community setting, the Atlanta Journal and Constitution reported recently. The lawsuit alleges that the plaintiffs' segregation in nursing homes violates the Americans With Disabilities Act. It demands that the state provide services so the plaintiffs can move into a community setting if they so choose.

Defendants in the case include the state Departments of Community Health and Human Resources, as well as the departments' commissioners and Gov. Sonny Perdue.

Regulatory

OIG Says Kentucky Medicaid Owes Feds More Than $700,000: After auditing Kentucky's Medicaid payments, federal investigators asked the state to refund $727,000 for oxygen-related durable medical equipment and supplies that were reimbursed at levels in excess of Medicare payment limits. Conducted jointly by the U.S. Department of Health and Human Services' Office of Inspector General and the Kentucky Auditor of Public Accounts, the audit covers a three-year period preceeding Dec. 31, 2000. Auditors found that Kentucky providers were paid amounts for DME and supplies that exceeded the dollar amount allowed for similar items under the Medicare program. Kentucky state officials disagreed with the findings. More information is available at http://oig.hhs.gov.

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