Feb
14

I Heart Workers’ Comp

Time to take off the CrankyPants and list all the reasons I really love workers’ comp – and yes, there are more than three!

healthy-heart

  • Work Comp is great because it has a REAL outcome – care is judged based on getting the patient back to functionality.  And that’s how ALL medical care should be measured!
  • Work Comp is great because it works pretty well, most of the time.  Not the highest standard, but given all the efforts by all the bad actors to screw things up, it’s a minor miracle it hasn’t come to a grinding halt everywhere.
  • Work comp is great because most docs, PTs, pharmacists, and rehab professionals, and yes even attorneys are diligent, responsible, committed, and concerned.
  • Work comp is great because the vast majority of claimants really truly want to get better fast and get back to work.
  • Work comp is great because it is a pretty small world, reputations spread quickly, and the community supports those who do good work.
  • Work comp is great because it is a LOT better than the alternative…
  • Work comp is great because almost all of the regulators I know really want to make the system work better/faster/cheaper/more responsibly.
  • Work comp is great because there are many smart, loud, and committed folks talking and writing about what needs to happen and why.  Sure they/we get frustrated a lot, but they keep it up.  I’m talking about you, WorkersCompInsider; Roberto Ceniceros, Rebecca Shafer, David DePaolo, Denise Algire, Bob Wilson, Peter Rousmaniere, Richard Krasner, Mark Walls, Jen Jordan.
  • Work comp is great because CWCI president Alex Swedlow really knows his stuff, calls it like he sees it, and can make even the most arcane, technical, dry stuff interesting and important.
  • Work comp is great because WCRI has upped its game considerably.  Research now uses much more current data and their work in social media is getting stronger by the day.
  • Finally, work comp is great because we hold each other accountable.

 


Feb
13

Sharing the love for health wonkery!

The good folk at health insurance.org are hosting this biweek’s edition of Health Wonk Review.

There’s so much going on these days in wonk-ville that it is tough to keep up; thank goodness HWR does it for you!

Now you have more time to shop for your sweetie.

We know!  What would you do without us!


Feb
13

WCRI’s annual confab – a month away

Held again in Boston, WCRI’s annual meeting is one of the better research-focused events on the annual calendar.

It always includes a timely topic as well as a deep dive into key issues explored by the geniuses at WCRI; we can also expect insights into the impact of the economy on comp, updates on WCRI’s Benchmarks analyses, and the always-terrific Alex Swedlow will educate on medical dispute resolution.

This year the focus is on the impact of Affordable Care on work comp, a subject near and dear.  I’m a bit surprised about the timing as PPACA has been the law of the land since 2010; payers who haven’t done their homework and prepared for tighter access, potentially more cost-shifting, revised hospital coding, and strengthened subro efforts by group payers are going to be far behind.

There was much that work comp payers could – and should – have been doing to prepare for PPACA over the last four years; those who have not are way behind. Fortunately, they can gain some insights from the several presentations on the subject at WCRI.

(Here’s a link to a nine-part series on Obamacare and WC; dozens of other posts are here.)

As always, I’ll be reporting from Boston, but won’t be nearly as prolific this time around…if you want to hear the good stuff, see you there.


Feb
12

How much do docs pay for repackaged drugs?

In Maryland and Hawai’i, docs are claiming that they pay much more for drugs than retail pharmacies, therefore they are justified in getting paid a lot more than retail pharmacies.

Bullshit.

Now that I’ve got your attention, here’s the truth.

This is just one page from a document was included in All State v Prescription Partners, a lawsuit filed by the big insurer in Federal court last summer.  It is described as “the drug list included in the “sales pitch” of AHCS…

It is pretty much self-explanatory. 
All State v. Prescription Partners_34

 What does this mean for you?

Two things.

1.  Legislators should demand proof from dispensing advocates that their costs are higher and justify their outrageous prices.

Clearly they are not, and dispensing advocates testifying that their costs justify their prices are misleading/uninformed/duplicitous.

2.  More evidence of the ongoing effort by profiteers looking to suck money out of employers and taxpayers.  


Feb
11

UR in California’s a BIG problem…or not

The California Applicant Attorney’s Association says there’s a BIG problem with UR in California, and a recent analysis by CWCI is flawed and inaccurate.

I don’t see it.

Greg Jones’ piece in yesterday’s edition of WorkCompCentral digs deep into the issue; here’s the brevitzed version of the disagreement.

CWCI analysis indicates about 75% of ALL treatment requests are approved by the adjuster or surrogate referring 25% on to an elevated physician-based UR process.

Elevated UR denies or modifies 23% of the treatment requests for an overall denial/modification rate of about 6% (.25 x .23 = 6%). The denial rate falls even further to less than 5% for claims that go through the state’s new medical dispute resolution process, independent medical review (IMR).    CAAA’s consultant argues that the denial rate is higher, by:

  • citing different studies from different years with different samples, thereby comparing apples to oranges;
  • asserting that there’s a lot of variation in denial rates among payers, as if this was a bad thing or even meaningful (different employer types, different locations, different medical management strategies);
  • claiming that CWCI’s analysis was in error because their study included medical-only and not just indemnity claims, as if a standard of care or UR should or could somehow be different for claims with lost time. Guidelines are guidelines; they apply to all injured workers and don’t vary by type of claim.

Moreover, the premise of CAAA’s argument – to the extent there is one – is fatally flawed.  

A denial rate of 5% is hardly a catastrophe – especially when one considers where California was before the 2004 reforms – known as the physician’s presumption of correctness. Treating docs decided what treatment was appropriate, based almost exclusively on their personal opinion, or for a relative few, how they could generate the most revenue.  Payers had few opportunities to challenge a treatment plan. Treatment costs exploded to over $12 billion a year.

Would anyone allow a vendor to completely determine what services they were going to provide at what cost to whom? 

Of course not. This is completely at odds with every other payer system’s medical management methodology/process, because it is wildly illogical.   Yet that appears to be the motivation behind CAAA’s “analysis”.

Today, about 5% of treatment requests are denied or modified, medical costs are half what they were and employer premiums are way down as well.

Let’s look a little deeper at the results.

CWCI found that 43% of elevated UR and a third of the IMR reviews were for drugs. About half of those RX reviews are for opioids and compound drugs. Most likely a relatively few docs have a disproportionate percentage of challenged treatments.

The key is what are they doing and why – if they are prescribing Oxys to patients not supported by medical evidence, that’s wrong.  And, the current IMR process has begun to fix that problem.

Yes there are workflow problems, problems that will be resolved. Yes the process needs to get a LOT more efficient and less expensive. Yes guidelines need to be constantly updated.

And No, we don’t need to go back to the days of never ending treatment at the whim of the treating doc and bankrupt insurers.

 


Feb
10

Can you sell a workers’ comp network?

On the off chance that an entity that owns a workers’ comp PPO ever thinks about selling it, here are a few things one may want to consider.

  1. Who owns the provider contracts?
    If the provider contracts are tied to a group health insurer/health plan, then that’s how they get leverage with providers to get discounts for work comp care.
  2. What happens to the provider contracts if the group health plan sells the network?
    Over time, the contracts’ value will deteriorate, and that “time” may not be very long.  As contracts come up for renewal, the discounts offered by providers will decrease if not disappear.
  3. But what if the group health insurer/plan agrees to continue to manage the contracts?
    Sounds good in a contract, but won’t work out in practice.  The health plan’s provider relations staff will be evaluated on their ability to get contracts at acceptable rates for the health plan’s core products – group health, individual health, Medicare and perhaps Medicaid.  About 98% of medical dollars are spent by those payers, leaving about 2% for work comp.
    Where would you spend your time?

There’s obviously a lot more to this, but I’m swamped and you are too.

This isn’t idle speculation.  I was directly involved in a deal wherein a large national group health plan sold a work comp network, contractually agreeing to maintain the contracts for a time certain.  Things were fine for a year and in some states a bit longer, but the deterioration of both effective discounts and network size then accelerated rapidly.

What does this mean for you?

If you’re selling, don’t commit to things you can’t deliver.

If you’re buying, caveat emptor.  


Feb
5

yet ANOTHER work comp service company’s been sold

This time it is MSA firm Gould and Lamb.  The purchaser is IME firm Examworks, and according to WorkCompWire, the price is $75 million, or about 7.9 times earnings.

Back in the day, this would have been considered a pretty healthy price – but things have changed – big time.  With PMSI/Progressive going for 10x+, Align for 17x, OCCM for 13x, and other deals mostly in the double digits, this may be a reflection of the rather muddy forecast for the IME business.

And I’m not sure I see the strategic link between IMEs and MSAs.  Sure, there’s some “relatedness”, but it’s a bit of a stretch to see how 1 + 1 = 3 with this deal.


Feb
4

The GOP’s Alternative to Obamacare

Three republican senators have proposed a bill – the Patient CARE Act – to replace PPACA aka Obamacare.

Kudos to Senators Burr Coburn and Hatch for their efforts – and for staying away from the useless ideas of selling insurance across state lines, high-risk pools which are never adequately funded, and that favorite non-solution, tort reform.

In a nutshell, the GOP bill does away with most PPACA regulations including the mandate, reduces the tax break on employer-sponsored insurance, does away with Medicaid expansion, and gives low income folks tax credits to buy insurance.  There’s not a lot of detail, and it’s clear this is a work in progress.  I would note the GOP’s claim that their bill expands coverage without increasing taxes is sophistry;  according to many in their party, eliminating a tax break IS raising taxes.

There is no mechanism or approach or tools that would reduce health care costs, no assurance that those with pre-existing conditions will get coverage (unless they constantly maintain insurance, something that many folks don’t do), no control over benefit design (which is skillfully employed by insurers to discourage the unhealthy from signing up)

While a home-team analysis indicates the GOP bill will reduce uninsurance by about the same amount as Obamacare, the analysis isn’t credible.  For one thing, the “coverage” provided under the GOP bill would be a LOT thinner than that provided under Obamacare – they’d have to be, as the maximum credit for young singles would be $1,560, hardly enough to pay for anything but the skimpiest of catastrophic coverage.  This may be “insurance” but it certainly isn’t “coverage” .  In addition, doing away with the Medicaid expansion would dump millions of just-covered folks back on the safety net, aka emergency rooms, charity care, and community health centers that have been hammered by budget cutbacks.

 

Finally, the provider, payer, information technology, supplier and health system communities have all been working feverishly to prepare for and implement Obamacare.  This train left the station four years ago, and Burr, Coburn, and Hatch are just now showing up trackside with a revised itinerary.

Moreover, the passengers on this train – the middle class, health care providers, and older folks – are going to be adamantly opposed to the GOP plan as it:

  • raises taxes on the middle class;
  • undoes Medicaid expansion thereby harming health care providers; and
  • increases insurance costs for older people.

Politically brilliant it’s not.

As Jonathon Cohn notes; “It would have been a lot more productive if these three senators, or any other Republicans, had been similarly constructive back in 2009…”

He also thinks it is better late than never – I disagree.

Obamacare is the law of the land.  It is not going to be repealed.  The triad would have better spent their time working on something more productive; say immigration reform or revamping the tax code.  Alas, this is an election year, and the GOP bill is a political ploy.

But it’s not a very smart one.

What does this mean for you?

Not much.

 

 


Feb
3

Opioid guidelines are about to get a whole lot better

In about ten days, providers and payers struggling with opioids will get a big hand up.

ACOEM will be releasing their just-completed Opioid Guidelines; they are comprehensive, extremely well-researched and well-documented, and desperately needed.

I learned about the guidelines from a presentation delivered by Kurt Hegmann MD MPH, Professor at the University of Utah and Chair of the Occ Med Division at the University of Utah’s Compensable Disabilty Forum.  In his spare time, Kurt is also responsible for ACOEM’s guidelines as the Editor-in-Chief, a role he’s filled for eight years.

Affable and engaging, Dr Hegmann walked the audience through the development process (quite rigorous, involving 26 professionals with NO conflicts of interest using the Institute of Medicine methodology), the research and (960) references behind the guidelines and the ranking/categorization of individual guidelines.

Here are a couple of takeaways.

  • Of the 220 pages, the vast majority are tables of evidence – some practitioners may peruse them, but most will focus on the couple dozen pages specific to individual treatments
  • The guidelines address acute and chronic treatment, with chronic defined as > 3 months
  • The detail, specificity, and depth of research and their application to guidelines are impressive indeed.  What these guidelines add to our understanding of what works, why, and what doesn’t is impressive by itself; how they blow apart pre-conceived notions of “appropriate” care and challenge long-held conventional wisdom was – at least for me – rather jarring.

    For example;

  • Other guidelines say it is Ok to be on safety sensitive jobs and take opioids – that is NOT supported by the research
  • The researchers found NO link between opioids and improved function – studies that show there is a link almost always use self-reported data.
  • No trials indicate opioids are superior for acute pain than NSAIDs.
  • The MAXIMUM dosage recommended is 50 MEDs (morphine equivalent dosage), significantly lower than most guidelines which use 100-120.  The reason is the research – there is a much lower risk at this level, with the data indicating a sharply higher risk profile for higher dosage.
  • Drug testing is recommended with a baseline and random tests 2-4x a year; the higher the dosage – more screening
  • Pain rating scales are all but useless as data points as lots of patients indicate their pain is a 10 and yet are working full time.  This is not possible, and indicates the uselessness of subjective ratings/scores/data.

Are they perfect?  No.  But that’s due to the lack of research on specific issues, and not to the diligence and perseverance of the developers.  If the research is solid, it is in the guidelines.

What does this mean for you?

A lot of confidence in the guidelines, and hope that we can begin to gain control of the epidemic of opioid overprescribing.