Sep
14

Coventry will not be selling its workers comp unit

Coventry CFP Shawn Guertin confirmed the company’s commitment to workers comp in this morning’s Morgan Stanley Global Healthcare Conference, noting comp is a : “[somewhat] different piece [compared to their medicare and commercial business] that has performed very well this year and will continue to perform well and [will likely] grow going forward.”
Guertin’s comment was in response to a question from the moderator about potential asset sales or acquisitions; he noted the sale earlier this year of a specialty Medicaid business before mentioning workers comp. Guertin also said observers should not look for Coventry to sell businesses, as their strategic overhaul under Chairman and CEO Allen Wise is pretty much finished.
I’d note that while there are practical reasons that make a sale of some of all of the work comp business unlikely, the financial returns generated by the business are quite attractive, and serve to balance out the Medicare/Medicaid/Commercial health businesses’ cyclical nature.
From a practical perspective, Coventry will own its bill review code within a couple weeks after an investment reported to be well north of $10 million; would find it very difficult to separate out its workers comp provider contracts from the other lines of business, and its case management and UR units have suffered from the decline in claims frequency. Thus even if Wise et al wanted to sell the work comp business – which they clearly do not – they would find it quite difficult to extricate it from the rest of their operations.
The twenty minute presentation also included comments on Medicare, medical loss ratios and factors affecting the MLR, and Coventry’s strategic thinking concerning health reform.
More on that to come…


Sep
12

Health reform – a speech too late?

President Obama’s speech Wednesday night clarified what he will, and won’t, accept from Congress. It also was politically artful, mollifying the liberal Democrats while borrowing from Republican positions in an effort to give just enough to each to keep the process moving.
My main takeaway was this – for the first time, substantial attention was paid to cost, with a good chunk of the speech focused on reducing spending due to unnecessary care, excessive Medicare Advantage subsidies, and squeezing out administrative cost.
This is the speech that should have started the health reform campaign.
Instead we’re far into the legislative process, and many, if not most, Americans are uneducated about and unaware of the key issues reform should address. Example – I had dinner Friday night with several well-educated people in Chicago, one of whom is a nurse anesthetist married to an anesthesiologist. She railed against the reform bills’ negative impact on physicians, but could not point to any specific issues or clauses or reimbursement changes in any of the bills currently before Congress. She complained vociferously about the cost of medical malpractice insurance, stating that this is not a problem in any country but ours. The others listened, as to them, she is deeply involved in the industry and therefore an ‘expert’.
This is why the chances for health reform are dim and fading. The Democrats ceded the field of public debate to opponents of reform who successfully focused the public’s attention on secondary issues such as tort reform while avoiding any discussion of cost (which would mean lower revenues for reform opponents). Now the President is paying catch-up, trying to educate the American people about the problems, cost drivers, and inefficiencies in health care. This education will not happen overnight. Wednesday night he set the stage, raised a number of good points, and was generally accurate in describing the health care system’s cost drivers.
It would have been the perfect speech except it wasn’t in May.
I’ll temper my comments with the observation that then-Senator Obama was counted out last August, appearing to stumble while his opponents soared, only to soundly trounce Senator McCain three months later, winning several states that had historically been solidly Republican. He also defeated the Clintons to win the Democratic candidacy, an accomplishment that cannot be overstated.
Can the President get reform done? Possibly. But not probably.


Sep
10

The work comp business’ fading fortunes

The work comp insurance industry has been hit hard by declining revenues and a big drop in investment income. While the investment picture is brightening somewhat, the revenue side is not getting any better.
Continued high unemployment and associated smaller payrolls has directly affected premium income, while higher claim severity and a soft market that won’t end are adding to work comp executives’ misery.
And execs have a lot of reason to be miserable. Consider:

  • Net written premiums declined twelve percent in 2008, the third consecutive year of decreases
  • The combined ratio (claims plus admin expense) climbed to 104.4% last year – historically not so bad, but given the awful investment returns, bad enough
  • Medical costs continue to climb significantly faster than the overall medical CPI
  • Net income for the entire industry declined to below a billion dollars, a drop of over sixty percent from the prior year

Remember that perspective is historical – things will turn around, although it may take another twelve months or so. If employment picks up, as it should as the economy strengthens, premiums will head north. With AIG somewhat out of the woods, brokers and agents are expecting the pricing wars to taper off (some opine that AIG has been aggressively pricing business in an effort to hold on to clients and grab much needed revenue). If – a huge if – health reform efforts bear fruit, there will be less pressure on providers to cost-shift to workers comp payers. And the investment returns lookk to be recovering somewhat.


Sep
9

Obama’s health reform speech – what to watch for

This is it – President Obama’s speech tonight will be the single most important health reform event this year. Here are the key things to watch for.
The reactions of Sens Grassley, Enzi, and Snowe are more important than the content. More important, even, than any Presidential pronouncements about public options and tort reform. Without bipartisan support, however thin, nothing gets done, and these are the three keys to that elusive bipartisan stamp.
Cost control – to date the Dems in the House have passed several bills out of Committee greatly expanding coverage at huge cost. Health reform without cost control is not possible nor should it be. The President must address cost, and do so directly.
Lines in the sand – I don’t expect there will be any, especially any referring to a public plan option from day one. But there will be ‘requirements’ for coverage, perhaps timeframes, and possibly a trigger for implementing a public option if specific criteria aren’t met by the private insurance market. How tight these are will go a long way to revealing how far the President will go to get reform passed.
Tort reform – the President’s treatment of this topic will be highly instructive. If he signals a willingness to include tort reform in a health reform bill, that will show a) he’s open to make big concessions to get reform done; and b) opponents that the stakes are raised. Getting tort reform done is a high priority for many in the industry, and they will likely be willing to compromise on other points if they get what they perceive to be meaningful reform.
What to ignore
The slamming by opponents and hyperbowling (a term used to describe advocates hurling positive adjectives at any microphone) immediately after the speech. Turn off the coverage and get back to your fantasy football picks – it will be more productive and less stressful.


Sep
8

Will cooler heads prevail in health reform?

President Obama’s speech to a joint session of Congress tomorrow night looks like the last best hope for health reform in 2009. Despite all the protestations about ‘ObamaCare’, the reality is the President has been remarkably silent on health reform specifics, preferring to let Congress work out the details, as long as they meet his goals of coverage and ‘budget neutrality’.
This looks to be the result of a careful analysis of ‘what went wrong’ with the Clinton health care reform effort, an effort blown apart by too many details that elicited devastating criticism. While some may accuse the President of fighting the last war, others note that Obama, as a relative newcomer to the Capital, understands that many in Congress, and particularly the Senate, have long experience with health care and much pride in that experience, and would resent what they might see as a heavy handed attempt by the new guy to dominate an issue that they view as their own.
Regardless, we’re now at the point where the speech, and moderate Democrats’ and Republicans’ reactions to that speech, may be the turning point in the reform effort.
Obama has largely kept his powder dry, avoiding ‘deal-breakers’, lines in the sand, and ‘non-negotiables’, and the same can be said for the Republican Senators key to a true ‘bipartisan’ deal – notably Enzi and Grassley. (Snowe is a different story; she’s the one hope for Democrats seeking to shove something thru with some form of a public option.) Despite the escalating rhetoric on the part of the two Senators, they have – so far – pretty much avoided had line positions.
This modicum of restraint on the part of the President, Enzi and Grassley, is the key to coming up with something that a) can be passed; b) is more than just a tweaking around the margins; and c) promises to control costs while expanding coverage.
A solid set of principles that would form the basis for agreement has been developed by Bob Laszewski, and are the subject of a measured piece by Brian Klepper and David Kibbe. Klepper and Kibbe suggest the following:

* Bulletproof Health Care Security. This is the idea that everyone would have significantly improved access to care, that the employer-sponsored system would remain available for those who like it, and that Congress would be required to use the same system that they pass for the rest of us.
* Medical Malpractice Reform. The Republicans have the Democrats where they want them on this one. There is no good reason why our current Med Mal system, as capricious and ineffectual as it has been, has not been revised with expert systems, except that the trial lawyers, in exchange for hefty financial support, have received protection from the Democrats. It’s time to fix this problem that pervades our health care provider community.
* Paying for It. This is acknowledging that subsidies will be required for those who can’t afford health care at its current cost level, and that there are ways to structure the new cost that are more sensible. As Bob points out, the nearly forgotten Wyden-Bennett bill would be cost neutral in its second year.
* Tough Cost Containment. As we said above, this has been the Congressional Democrats’ proposals’ most glaring and conflicted flaw. It is an area that, with a focus on primary care, paying for results instead of piecework, and cost/quality transparency, could dramatically drive down cost while improving quality, rightsizing our health system and going a long way toward ameliorating the most pernicious drag on our larger economy. Bob tackles cost control most effectively in his Health Care Affordability Model, a plan that would use tax incentives to encourage the industry to focus on driving out waste.

There are a couple huge political plusses for the Republicans in the ‘Four Points’.
First, to date the Dem’s proposals have been woefully short on cost containment, and woefully long on unfunded entitlements. By getting tough on costs, the GOP may be able to find one issue where it has a fresh, new perspective – something the party desperately needs. Sure, they’d infuriate a big donor base, but that would be an acceptable price to pay for a party that needs something to build on for next year’s mid-term elections.
Second, Enzi, Grassley et al would earn big points from the medical provider and manufacturing industry by attacking Med Mal. A successful ‘solution’ to what is perceived to be a big cost driver (although the data don’t support that perception) would play very well with their base, and take some of the sting out of the cost containment provisions.
This is not to make light of the significance of the issue for the Dems as well – passing health reform is a must-do. There’s a lot of political capital at stake so passing it will boost the party’s credentials while failing to do so will cut deeply into the public’s view of the Democrats.
What does this mean for you?
By September 30 we’ll know if reform is still alive. If Grassley and Enzi aren’t sounding strident and protesting ‘heavyhanded Democrats’, we may still get there.


Sep
4

Is the low work comp injury frequency rate a myth?

More than 75,000 work comp injuries were not reported in just three cities last year. Close to a million may have gone unreported nationally.
Yesterday’s news (sub req) that 92% of low-wage workers don’t file work comp claims for injuries that require medical attention was a shocker. I’d long thought the actual injury rate is higher than the reported rate – but nowhere near that high.
Fully half of the workers with on the job injuries “experienced an illegal employer reaction”, including firing the worker, calling immigration authorities, or telling the worker not to file a comp claim.
Here’s a quick summary from the piece in WorkCompCentral:

The survey found:
* 43% of the injured respondents were required to work despite their injury.
* 30% said their employer refused to help them with the injury.
* 13% were fired shortly after the injury.
* 10% said their employer made them come into work and sit around all day.
* 4% said they were threatened with deportation or at least notification to Immigration and Customs Enforcement.
* 3% were told not to file a workers’ compensation claim.
* 8% were told by employers to file a claim.

You can read the WCC or other article to understand the methodology, which looks pretty solid. And some of the stats above aren’t as troubling as they might first appear – requiring injured workers to work, or come in and not work, may be OK if the injury wasn’t that severe. I’m trying to give the employer the benefit of the doubt here, but for those workers who were threatened, whose employers refused to help with the injury, or were fired because of the injury there is not only a work comp problem, there’s a legal, ethical, and moral failing.
As our economy has become more service-based, the number of low wage jobs has increased – jobs that are held by people that tend to be minorities, undereducated, and recent immigrants, legal or undocumented. My sense is the drop in work comp claim frequency may be – at least partially – due to the failure to report injuries as well as structural changes in the economy and improvements in safety and loss prevention.
The study looked at a population that accounts for fifteen percent of all workers in three cities; Chicago, New York, and Los Angeles. Extrapolating the numbers out in just those three cities indicates that 75,446 workers comp injuries were not reported.
Moreover, according to the study, “workers compensation insurance paid the medical expenses for only 6 percent of the workers in our sample who visited a doctor for an on-the-job injury or illness.” [emphasis added]

What does this mean for you?

For the comp industry, the declining frequency years may be coming to a screeching halt.
If you’re a work comp payer, you’ve been ‘lucky’ if you insure these businesses. That ‘luck’ will soon change as the Department of Labor is dramatically ramping up enforcement efforts. (I don’t mean to imply that comp carriers have somehow been complicit in this, in fact the opposite is much more likely as insurers work very hard to ensure rapid and accurate claim reporting.)
If you’re a TPA or other servicing entity, your revenues have been suppressed by the failure to report injuries.
And if you’re one of these low-wage workers, perhaps there’s hope that the situation will improve.


Sep
3

Health Wonk Review is up

HWR welcomes Jared Rhodes back once again to host this week’s edition of HWR. Jared covers the waterfront, and most of the rest of the island as well, with his comprehensive edition. Lots of good stuff there ready for your perusal.


Sep
2

The Pfizer settlement and government negotiation of drug prices

The timing of the $2.3 billion Pfizer settlement (sub req) couldn’t be better for hard-line Democrats, and worse for big pharma.
I don’t know if President Obama will be able to pull a rabbit out of his hat (as he did last September) and get health reform legislation back on track – but even if reform fails, you can bet the Democrats in Congress will exact a heavy price on big pharma.
I’ve been predicting since December that Congress will authorize, or perhaps even require, the Secretary of HHS negotiate drug prices with big pharma for Medicare and other government programs – like every other industrialized country does, like the VA does (and pays 40% less than cash price). And this can be, and would be, done under budget reconciliation rules that only require 51 votes in the Senate (the House is a slam dunk). Reconciliation applies to budget matters only; federal payments for drugs clearly qualify for the reconciliation process:

These instructions require authorizing committees with jurisdiction over mandatory spending and revenue policies (usually more than one) to make legislative changes in those programs to effect a specified level of budgetary savings provisions. The instructions typically cover the same fiscal years as the budget resolution, with separate dollar amounts specified for each of the years in the budget resolution. While the Budget Committees develop these instructions based on policy assumptions for changes in programs and laws (which are often printed in the committee reports on the budget resolution), the authorizing committees have complete discretion over the specific programs to be changed and the substance of those changes. An authorizing committee must only meet the specified spending and/or revenue directive given it.

What does the Pfizer settlement have to do with this? Nothing and everything. This is yet another example of egregious behavior by pharma/big insurers/device companies illegitimately and unethically sucking huge dollars out of the economy to maximize their profits. (for other examples, peruse this blog and any newspaper). If reform fails, the Dems will be looking for blood, and pharma will be near the top of the list of donors. The settlement, and Pfizer’s “outrageous behavior” Pfizer that led to the settlement, will be exhibit one at Congressional debates over the issue, and Republicans seeking to block governmental negotiation with pharma will find themselves in a politically impossible position; if they fight the Dems, they’ll be portrayed as sucking up to big business and more interested in donor profits than deficit reduction. If they don’t…well…that would be a surprise and inspiration for some serious soul searching on the part of big medicine.
There’s a lot of money on the table here, and I’d expect the other pharma companies are mad as hell at Pfizer for providing the Democrats with more ammunition for the coming battle over Federal negotiation of drug prices.


Sep
1

The coming change in drug pricing

Last week I posted on the pending change in pharmacy pricing that will reduce prices by about 4% for most brand drugs.
The pharmacy and big food-and-drug chains are negotiating with the big PBMs; they are seeking ‘cost neutrality’; that is, a pricing level that ensures the pharmacies continue to receive the same dollar amount for scripts affected on September 26 that they got on the 25th (you guessed it, that’s when the change goes into effect). That’s fine for the pharmacies, but the PBMs also have to concern themselves with the other half of their equation – the payers.
In the group health and Medicare world, many if not most contracts have some form of ‘transparency’ built in, which allows the payer to see what the PBM is paying for the drug. (I know, there are lots of hidden fees and reimbursement mechanisms such as rebates that can render ‘transparency’ more like ‘opacity’, but for the purposes of the change in AWP, this transparency will help to get payers and PBMs on the same page quickly.
In the work comp world, it’s a different story. In comp, most contracts include pricing at some multiple of AWP plus a dispensing fee of a few dollars. (In WC, about 63% of scripts are generic, but a big chunk of total drug spend is from branded drugs)
Sources indicate the PBMs – who are stuck between the pharmacies who (rightly) want to be paid a higher AWP (although the actual dollars remain the same) and payers with whom they have existing contracts at pre-defined rates – are working hard to restructure their current deals, and revise pending contracts.
Some payers who see this as a quick way to cut their drug costs are pushing back hard, asking their PBMs to stick with current rates even if they lose money. But most appear to recognize that the important thing is the cost per script, not the AWP percentage (the more educated payers realize that AWP has long been derided as an artificial and rather fungible pricing tool anyway), and are working towards resolving the issue.
Like most maturing industries, the PBM world is going thru a bit of margin compression, as more competition pushes prices lower. At the same time, some PBMs are adding services to control utilization, help ensure patients get the drugs they need without overdosing or conflict with other medications, identify and reach out to physicians with unusual prescribing patterns, and maximize generic usage. These services are not cheap to deliver, and those payers who seek to take advantage of the AWP issue to force down their unit prices will likely see any benefit overmatched by a bump in utilization when the PBM can no longer afford to deliver clinical services.
Note – I am a partner in CompPharma LLC, a consortium of workers comp PBMs.


Aug
31

Your life without health reform – part two

Last week’s post about what will happen if we don’t have health reform got me (and a couple others) thinking about the downstream impact – on employers, manufacturers, taxpayers.
Before we delve into the impacts, a bit of clarification.
My statement that a family policy would cost $30,000 in 2016 was based on the latest info from two large consulting firms about commercial health insurance premiums – rates are going up more than ten percent next year. And it is highly likely they will continue to accelerate at or near the ten percent number. Two commenters noted that just because something happened in the past does not mean it will continue into the future – I’d respectfully note that while that is true in the abstract, in the concrete world of health insurance, there’s a very high likelihood that costs will indeed go up ten percent – or more – per year for the foreseeable future absent meaningful cost reform.
The AON survey reports trend rates ranged from 16.0% and 18.2% for HMo, PPO, Indemnity plans in 2002, 15.7% – 17.2% in 2003, 14.1% – 15.3% in 04, 12.7% (CDHP) to 14.6% in 05, 11.9% – 14.4% in 2006, 10.7% – 12.7% in 2007, and 10.5 – 12.4% in 2008.
The past is a pretty good predictor of the future; over the last eight years cost have consistently increased more than ten percent each year, with most increases well above that level. Whether we are at the bottom of the cycle or cost inflation rates will continue to decrease is unclear, but what is clear is that the inflation rate will head back up at some point in the next few years.
Back to the real world impact.

  • If nothing changes, the share of the nation’s budget paid by the government will be greater than that paid thru private insurers.
  • 178,000 small business jobs will be lost by 2018 as a result of health care costs
  • If employee contributions stay at their current level (about 30% of premiums), workers will be paying $9000 per year, or $750 per month, towards their health coverage – not including deductible, copays, coinsurance, and services not covered
  • General Motors’ health insurance will add about $3000 to the cost of each vehicle – if it is still in business>li>In my hometown of Madison, Conn., Town employee health insurance costs are paid for with property taxes; without reform the amount of tax revenue needed to pay those bills will double by 2016, forcing tax increases and/or significant service cuts
  • More Americans will have to rely on the kindness of others for their health care
  • Because 65 million of us will be without health insurance

Unlike the distortions, misrepresentations, and outright lies being spread by McCaughey, Limbaugh, Palin et al, this is the real deal. So fight against reform if you wish, but don’t complain later when you can’t afford insurance, your employer can’t afford insurance, your taxes are going up to pay for teachers’ benefits, and our economy is sinking under the weight of health care costs.
(Note – as I said Friday, health ‘reform’ must include cost control, something neither party has bothered to meaningfully address)