Y2K liabilities lurk even if you are compliant
November 1, 1999 4 minutes read
Y2K liabilities lurk even if you are compliant
Take last-minute steps to make sure you’ll be ready
You’ve checked out all your computers, your business equipment, and your medical equipment, and it’s all year-2000 compliant. Does this mean you can relax for the last three months of the year?
Not unless you’re willing to take a chance that everyone else has been as vigilant as you have.
"It’s one thing for medical practices to do Y2K remediation in their confined area of responsibility — their office. But they also need to think outside of that to include their interaction with the regional health system, emergency rooms, hospitals, suppliers, financial institutions, emergency services, utilities. Some of the things they depend on may not be there," says Bruce Orgera, executive director of Southfield, MI-based Superior Consultant Co.
Orgera, who frequently lectures on the millennium bug to groups of medical providers, says he gets mixed reactions when he asks about Y2K readiness.
"Those who take the year 2000 problem seriously . . . will do OK. Some practices think this [the millennium bug] is not something they have to deal with seriously, and I think they will have difficulties," Orgera says. He recommends that physician practices fix the problems they can control and develop ways to work around things, such as utility services, that they can’t control.
The year 2000 problem is more than just a computer glitch, Orgera asserts. It’s also a business problem and a social problem because it has the potential of affecting almost every aspect of our daily lives, he adds.
Because health care providers deal with life-and-death issues, they should be particularly vigilant when it comes to examining every poten tial problem that can occur come Jan. 1, he says.
"A medical practice is not a retail business. If you think the process starts when the patient shows up in your office and ends when he leaves, you’re wrong," Orgera says.
For example, if a patient is sick and can’t get through to you on the telephone, he’ll end up in the emergency room. If he’s under a capitated plan, that may cost you money. And if you can’t call in and get test results, you may have to stop by the hospital or lab and read the records manually.
That’s why you need to know how the other systems on which you depend are handling Y2K, Orgera adds.
"Health care providers are in the unique position where they depend on a third party for payments. If the insurance carriers have the problems, the doctors will have them also," says Tammy Tipton, chief executive officer of Appeal Solutions, a Lewisville, TX, health care consulting firm specializing in reimbursement issues.
Everything is local
Spokespeople for the federal Health Care Financing Administration have said their computer systems are ready to handle Medicare and Medicaid claims in the millennium, but they depend on intermediaries that may not be prepared. The same is true of your other insurers. Even though they are national brands, they still have local providers.
"Everything needs to be looked at from a local perspective," Orgera says.
As the clock ticks toward Jan. 1, providers should continue tracking everything they have been tracking thus far to make sure their practice can still operate, the experts say. If you don’t know yet whether your vendors will make computer equipment and software Y2K-compliant, there’s a good chance it won’t happen, Orgera asserts.
Because it’s almost too late to make the transition to a new system, he suggests coming up with a contingency plan, such as hiring a service to do billing for you or prepare yourself to do it manually. In either case, start now because you will need time to hire and train people.
"It’s a last-minute contingency that will keep you functioning," Orgera says.
If you have gotten certification from your vendor that your computers, telephones, and other pieces of equipment are Y2K-compliant, you should feel fairly confident. You also should find out what each machine’s vendor will do if the machine doesn’t work. Find out if they will they support the system remotely or will they send someone to your office.
As the year draws to a close, you’re likely to get calls from anxious patients who are concerned about their medical equipment, your readiness, and pharmaceutical supplies in the new year.
Anticipate questions
"If I knew someone on dialysis, I’d be making direct inquiries and I would expect an answer," Orgera says. "Not communicating will generate a lot of questions, and if you can nip it in the bud, you’re better off."
Your staff should be trained in how to answer patients who ask questions about Y2K. "They should be trained on how to respond so they give the patient the right information without being unduly precise. You need to decide how to go forward and communicate as accurately as possible without providing undue [liability] exposure to your practice," Orgera says.
You and your staff should be responsive and positive when answering questions, but because of the underlying liability issue, you should be extremely prudent in what you tell your patients.
"Look at it from a hindsight perspective. It’s February and something went wrong and a patient got hurt. They can look at the documentation and say, You told me everything was OK, and now it’s not,’" he says.
Always consult with an attorney about any written material that addresses Y2K readiness, Orgera advises. He cautions providers to exercise due diligence to solve any potential Y2K problems so they can avoid liability in case something does go wrong.
"The government is trying to restrict some of the legal liability for Y2K through legislation, but providers understand due diligence and invest in it," he says.
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