Annual measurement and proactive evaluation of program elements and risks through reports and metrics is necessary to routinely determine the effectiveness of a compliance program, according to Bret S. Bissey, Senior Vice President, Compliance Services MediTract. Bissey presented practical suggestions and best practices for evaluating a compliance program in a webinar sponsored by the Health Care Compliance Association (HCCA) on March 21, 2017.
Bissey noted specific guidance that compliance officers should refer to when evaluating their compliance programs, Office of Inspector General (OIG) Compliance Program Guidance for Hospitals, OIG Supplemental Compliance Program Guidance for Hospitals and the Department of Justice’s (DOJ’s) Compliance Program Guidance on Evaluation of Corporate Compliance Programs published in February 2017. Bissey pointed out that the OIG guidance recommends benchmarking compliance program progress and provides two examples, claims processing evaluation and surveys. Claims processing evaluation requires a benchmark for error rates and standards that include sample size net dollar value, and consistency of universe.
Although not specific to the health care industry, the DOJ guidance identifies elements that can be used to evaluate a compliance program. The guidance consists of compliance-focused questions that the DOJ Fraud Division might consider when evaluating a corporate compliance program, including such topics as analysis and remediation of underlying misconduct, conduct of senior and middle management, autonomy of the compliance function, and compliance program funding and resources.
Surveys to measure effectiveness
Bissey stressed the importance of measuring organizational compliance culture to provide evidence of the effectiveness of the compliance program. He said that surveys can provide evidence of program effectiveness and recommended using surveys to measure covered persons’ attitudes regarding the organization’s commitment to compliance. Through surveys compliance officers can determine how well the operations of the compliance program are understood and the obligations of the people involved. Surveys and questionnaires are important to measure whether organizational culture encourages ethical conduct and a commitment to compliance with the law. Surveys also should be used to measure employee compliance knowledge. He added that both types of surveys allow the compliance professional to benchmark and measure compliance effectiveness over time.
Elements of evaluations
To begin to evaluate compliance performance, Bissey emphasized the importance of measurement and defining expectations of performance. He suggested identifying a set number of elements, some of which should be kept from year to year to measure trends. Compliance officers should identify metrics that are available, develop a score card, and report achievements, including any reasons for variance and year to year comparison of results. Trending data is the key, he said.
Bissey identified the following elements with suggested standards to consider in an evaluation:
- hotline calls, including logging, investigations, disciplinary action;
- education provided to staff, physicians, board of directors, and executives; establish standards for different groups and obtain board support;
- audit/monitoring results; potential areas of trending coding and billing results; including consistent measurement, annual reviews, random samples, and net dollar value error rate;
- potential areas of trending billing and coding results, including short stays, observation, evaluation and management, research billing, diagnosis related groups;
- audit benchmarking scorecard, can be part of annual review and built into the work plan;
- annual audit work plan completion based on an approved annual work plan by the compliance committee or board; use trends to explain need for resources and make future plans;
- budget analytic, identify trends of budget and actual expenses over several years; and
- other data points to trend year to year, such as focus arrangements, payments made to nonemployed physicians without evidence of time and effort for approval, quality improvement.
Bissey stressed the importance of the independence of the chief compliance officer independence as well as ensuring that the chief compliance officer has the knowledge and experience necessary for the role. Finally, Bissey recommended that the organization consider an independent external review at some predetermined interval of time such as every two or three years.