POTD: "I'm not leaving doctor"

Let's say you have a patient who comes in with chest pain and you do an extensive workup including CTs, serial troponins, Echos, stress test, PMD discussions. However, despite a thoroughly negative workup the patient still feels sick and refuses to leave. Would you call security on this patient to leave?

Chances are you’ve had to bring security or police in to escort a patient out of the ED before. Some cases are pretty straight forward- if a patient is violent, aggressive, or  dangerous, then they should be removed from the ER once they are medically cleared.

However, other times it’s not so clear who we should call security on to escort them out of the ED. Especially if the patient is not a threat to staff and the patient believes that they are too sick to leave. These decisions are very case by case dependent and sometimes you will end up having to call security.

But keep in mind that patients have had significant negative outcomes including death after being escorted out of the ED when they initially did not want to leave because they felt like they were too sick.

Over the next few days, we will discuss a few tips to prevent bad outcomes when it comes to these difficult patients/ scenarios.

Tip 1:

Re-consider your workup

Ask yourself:

How sure are you of your diagnosis?

Is this a high utilizer who normally leaves in the morning after a good night’s rest and food?

We all make mistakes and we all may miss something. If you have come to a roadblock with a patient who you feel you have worked up thoroughly but still feels so sick they won’t leave, take a step back. Go back and expound upon your history and physical. Ask questions to the patient you didn’t ask the first time. Rethink your differential.

These patients are often not good candidates for a minimalist workup. One of our responsibilities as ED doctors, is to rule out dangerous morbidity and mortality- affecting conditions. Yes, we as ED doctors have to judiciously order tests but in general, we should have a lower threshold for these patients.

For example, you have a patient with abdominal pain who you haven’t done any labs or imaging because their belly is soft without rebound and guarding. The patient states they still feel unwell and are not comfortable leaving. In this situation, you should reconsider your workup. You have much more justification on calling security for exit escort on a patient with abdominal pain who you did labs and CT on than no workup at all. It gives you as well as the patient more reassurance.

Address any abnormal vital sign prior to discharge and use as a general sign of ‘badness.’

To sum up:

Err on the side of caution and order more tests if you have to. Reconsider your differential and workup.

Made it this far? Ready for tip 2?! Tune in next time for part two!

Stay well,

TR Adam

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The Magic of Charting in the ED

What's the point of charting?

  • Provides quality care for patients and provides them with a record of their visit

  • Communicates essential information to other healthcare providers along the continuum of the patient's care

  • Mitigates malpractice risk

  • Ensuring accurate and timely payment of services

In this post we'll be discussing how your charts are utilized by the coders to turn what you do into $$$.

"But I just care about providing good medical care for my patient. I don't care about the money behind it."

That's wonderful but...

Your employers will care because without proper documentation, the hospital won't make any money, and then you won't have a job to provide good medical care. In addition, for hospital systems that participate in an RVU-based compensation plan, you can maximize the amount directly reimbursed to you, just by documenting what you're likely already doing as a great doctor!

Pro-tip: Understanding the system outlined below can also save you time so you're not wasting time completing a level 5 chart for what will likely be billed as a level 1 chart.

Every chart is assigned an Evaluation and Management (E/M) code based on the complexity of the case (as long as it's documented and easily identified by the coders) which is used to quantify the amount of time/work you put into a certain case. The higher the E/M code of the chart --> the higher the RVU --> the higher the reimbursement for that chart.

Every year more than $68,000,000 is left on the table by Emergency Physicians nationwide due to inadequate documentation and downcoding of the charts!

Charts are assigned levels 1 through 5, with 1 being the most straightforward and lowest reimbursing, to 5 being the most complex and highest reimbursing.

Beyond the 5 levels, there are services you could chart which contribute to "critical care time" and allow for further reimbursement on top of everything else.

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Let's break down a chart and assign meaning to the table above:

Chief Complaint:

Always include this no matter what

Typically the main reason the patient states when you ask them what brings them to the ER

HPI:

In the table above, this refers to how many elements of the chief complaint need to be in this section.

For example, a patient coming in for simple suture removal, this would be a level 1 chart, and you may include the location of the sutures as the 1 element.

For a patient coming in with chest pain, this is at least a level 3 chart, and should include at least 4 elements such as the location, onset, severity, and duration of the pain. This is just a minimum and you should include other elements as appropriate.

For a complaint that the patient has had for >72 hours, make sure to document why it necessitates emergency care. For example "patient's pain acutely worsening today" or "patient was unable to schedule outpatient appointment as all offices are closed due to COVID-19 pandemic."

ROS:

In the table above, this refers to how many systems need to be in this section.

For example, a patient coming in for simple suture removal, this would be a level 1 chart, and you really don't need anything in the ROS but you can at least include a problem-pertinent ROS such as the Skin system in case it's able to be billed as a level 2 chart.

The line in the template that states "All other systems negative" is placed there as a fail-safe because the ROS is typically a section that is not documented enough. By having that line there, it automatically allows the coders to bill at the highest level for this section but is medico-legally questionable if you only have a few systems there and then have that templated line.

Best practice for a level 3 chart and higher would be to truthfully document all 10 systems and as long as you have the 10, you don't actually need that templated line.

If you cannot obtain a ROS, you need to say why (e.g. patient is intoxicated, obtunded, in cardiac arrest).

PFSH:

In the table above, this refers to how many elements you need from past medical, family, and social history.

For example, a patient coming in for simple suture removal, this would be a level 1 chart, and you really don't need any information here.

This is the easiest section to make sure is complete because our smoking question is a requirement for you to fill out and that automatically gives you 1 element right there. You also typically always include PMH in your HPI and that would be your second element.

If you are using family history as one of your elements, you need to be specific. It's not enough to say that it is "non-contributory."

Exam:

In the table above, this refers to how many organ/body systems you need to include in this section.

For example, a patient coming in for simple suture removal, this would be a level 1 chart, and you can include your skin exam to satisfy this requirement.

MDM:

In the table above, this refers to the complexity of your decision making in the case.

This is one of the main sections that coders look at and is arguably the most important section of the chart.

Coders determine how complex the case is based on the information included in this section and they typically look at the number of differential diagnoses and problems that you are addressing, the amount and complexity of diagnostics you are ordering and your interpretation of them, and the risks of complications, morbidity/mortality for this patient.

This information can also be in your progress notes rather than in the MDM as information comes back and circumstances change while you are taking care of the patient.

As a side note, it's best to complete the chart in real-time and complete progress notes as you gather more information, results come back and you interpret them, you reassess your patient, etc.

Diagnosis:

List all the diagnoses addressed during the encounter. List the most severe ones first. Don't forget to include complaints and vital sign abnormalities.

For example a patient you are admitting with a PE could potentially have all the following diagnoses: pulmonary embolism, acute chest pain, shortness of breath, hypoxia, tachycardia, tachypnea

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It's difficult to know which level each chart will be billed at so always chart to a level higher if you are unsure.

Some examples of level determination factors to help guide you:

Level 1 chart

  • suture removal, insect bite, wound check, dressing change, med refill

  • no meds given in ED, no tests ordered

Level 2 chart

  • any point of care test such as BGM with no additional lab work ordered

Level 3 chart

  • any imaging or blood work ordered automatically makes it at least a level 3

  • any medication given in the ED automatically makes it at least a level 3

  • simple procedure such as laceration repair

Level 4 chart

  • giving any IV or SQ meds in the ED including fluids makes it at least a level 4

  • giving any controlled substances makes it at least a level 4

Level 5 chart

  • providing PSA

  • higher risk procedures such as LP

  • holding order for patients

Common documentation omissions that result in downcoding:

1) In a trauma, it's not enough to write "MVA" or "Fall" for the diagnosis. If there are no acute injuries found, you still need to justify all of the imaging and workup ordered. If the patient came in complaining of left arm pain and you x-rayed the arm, include "left arm pain" in your list of diagnoses.

2) Filling out the procedure note for CPR. The nursing flowsheet is unfortunately not enough. A physician on the chart has to document the fact that CPR was performed.

3) Make sure to include what you did for fracture management, even if it's as simple as applying buddy tape, providing crutches, providing follow-up information.

4) Fully complete all elements in a procedure note. For example in a laceration repair, include length and depth of laceration and document if it was complex and you did any debridement.

For an abscess, a simple I&D pays about $100 but if it was loculated and you probe it to break up loculations and then document it as complex, that pays about $185!

In contrast, an intubation only pays about $150 and a PSA only pays about $13!

5) Don't forget to document your interpretation of vital signs, imaging, labs, ekg (must include reason for ekg and at least 3 elements such as rate and rhythm, axis, ST abnormalities, comparison to previous). This can be done in progress notes.

6) A lot of what we do falls into what is billable for critical care time but we often forget to document it. This includes speaking with family members about goals of care, speaking to consultants, speaking to primary care providers, reviewing old charts, obtaining IV access if the nurse is unable to do so. 

For attendings, don't forget to chart your critical care statement!

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POTD: Leaving Against Medical Advice (AMA)

Over the past 2.5 years, I've heard a lot of discussion about this topic, it probably left me with more questions then answers, so I figured I'd do a review regarding AMAs, or leaving against medical advice, in a true or false format.

If a patient left AMA, insurance companies will not reimburse them for their ED visit. This is an incentive to get patients to stay.

False.

Some patients are told that if they leave AMA, their insurance will not cover their treatment. This is false information. On this issue, the University of Chicago Medicine published an article dated February 3, 2012, which discussed their study (funded by The Agency for Healthcare Research and Quality and the National Institute on Aging) of the misconception of who picks up the tab when patients walk out. They concluded from their survey of general internal medicine doctors that two-thirds of residents and almost half of attending physicians believed that when a patient left the hospital AMA, insurance companies would not pay. They also found that some physicians go as far as using the financial obligation as a threat to persuade a patient to stay.

The researchers, all from the University of Chicago Medicine, combed through the records of more than 46,000 patients admitted to the general medicine service at the medical center's adult hospital between July 2001 and March 2010. They found that 526 patients, about 1 percent, had left against doctor's orders. Consistent with previous studies, most of these patients had government-funded insurance, either Medicare or Medicaid (78 percent), or no insurance (14 percent). The average hospital charge was nearly $28,000, of which insurance paid on average almost $6,000. (Most patients also owe a minimal co-pay.) So leaving against medical advice brought no additional financial burden to the patient. Of the 453 insured patients who left AMA, payment was initially denied in only 18 cases. All of those cases involved problems with the bill, not with the patient's behavior. None of those patients were denied coverage for leaving against doctors' orders. Furthermore, the article postulates that when a physician provides misinformation in order to influence a patient's decisions -- no matter how well intentioned -- it compounds the loss of trust.

One member of the research team, John Schuman, MD, called the insurance companies themselves and reported "I talked with VPs and media relations people from several of the nation's largest private insurance carriers. Each of them told me that the idea of a patient leaving AMA and having to foot their bill is bunk. They were glad to tell me so, as this was a rare occasion of insurance companies looking magnanimous."

Having my patient sign an AMA form will confer me legal protection if something happens to the patient.

Not necessarily.

A case where the plaintiff left AMA is most defensible if there is a thoroughly documented medical record that shows a clear, informed consent process regarding the patient’s departure. Nan Gallagher, JD, is an attorney who has defended many medical malpractice claims alleging improper AMA discharges. She urges providers to “be specific and verbose. A patient’s signature on an AMA form is not enough anymore.” Gallagher further remarks, “In our litigious society, there is a growing trend toward patients disputing the authenticity of the signatures on an AMA form and challenging the quality of informed consent communications.”

Tips on how to properly document leaving AMA in the chart. 

1. Inform the ED patient of the risks of leaving, including worsening or complications of the acute medical condition, permanent disability, or death, when these are real considerations.

“I believe that an attempt to individually list every possible complication or poor outcome from the patient’s condition is weaker than the narrative that the patient was counseled about the potential for deterioration, disability, or death,” Laura Pimentel, MD says. If the provider lists all the possible risks that come to mind, but omits something that ends up occurring, she explains, “it opens the door for the plaintiff attorney to argue that the provider didn’t properly inform the patient.”

2. Determine that the patient has the capacity to make the decision to be discharged AMA.

Remember, capacity means the patient can make an informed decision, not that they are competent, which is a legal term referring to a right to determine one's own affairs after age 18. Adults are assumed to be competent until proven otherwise. Therefore, deeming an individual “not competent” requires legal proceedings.

3. Educate the patient on the potential benefits of completing evaluation and treatment, and document the discussion.

4. Inform the patient that he or she may return at any time.

5. Give the best possible care to the patient before discharge, including recommendations for outpatient care and prescriptions.

6. Include nurses and family members in discussions with patients about the benefits of completing treatment and the risks of leaving.

Nursing documentation of the discussions can help the defense by serving as a good witness of your efforts to care for the patient

7. Make an effort to convince the patient to stay.

8. Contact patients who leave AMA by telephone, and document the call.

References

https://www.uchicagomedicine.org/forefront/news/2012/february/do-patients-pay-when-they-leave-against-medical-advice

https://lawrefs.com/against-medical-advice/

https://www.reliasmedia.com/articles/139154-patients-signature-on-ama-form-wont-stop-successful-lawsuit

https://www.reliasmedia.com/articles/114787-patients-who-leave-ama-understand-your-risks-and-responsibilities

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