Mar
10

Bush’s problems – HSAs, Medicare, and Congress

Reports out of Washington indicate Pres. Bush’s plans to expand HSAs by increasing the amount individuals can set aside tax-free are not gaining much traction on Capitol Hill. Sen. Chuck Grassley (R Nebraska) and other Republicans are not in favor of the move.
This is not Bush’s only problem related to health care. Some 60 House Republicans have refused to back the Bush Medicare budget cuts, breaking wiith the President despite calls for fiscal prudence. One wonders if election year politics has anything to do with this. Actually, there’s no wondering.
Republicans, faced with a President with historically low approval ratings (well, pretty close to historical lows) look to be scrambling for cover – and with seniors particularly upset with the GOP over the Part D mess, a cut to Medicare would increase their problems.
The situation on the Hill makes CMS Director McClellan’s recent pronouncements about adding HSAs to Medicare (Part G?!) somewhat…puzzling? Faced with concerns about both HSAs and Medicare among their own party leaders, why is McClellan floating this trial balloon? One can only imagine the reaction among seniors who have been tearing their hair out over Part D. If we thought Part D was complicated and hard to explain, I can’t wait to see our nation’s political leaders on a bus traveling around talking to seniors about HSAs.
What are these people thinking? Or rather, are these people thinking?
What does this mean for you?
Politics in an election year can be good and bad – killing the ill-conceived HSA expansion while not addressing some of the real concerns with Medicare are two great examples.


Mar
7

Copays, compliance, and costs

It will come as no surprise to most that a significant number of people do not take their medications as recommended. In fact, the number appears to be about 20%, at least according to a study funded by pharmaceutical company GlaxoSmithKline covering 429,000 Ohio health insurance claims for conditions such as diabetes, congestive heart failure and asthma. GSK’s study indicates that non-compliance adds over $700 million to the state’s health care costs.
Again not surprisingly, GSK has a plan to fix this problem. It involves eliminating copays for individuals if they agree to talk with a pharmacist at least once a month, and have the pharmacist check their blood sugar, pressure, and feet for sores. The extra payment to the pharmacist for their time, as well as the employees’ copays, will be funded by insurance companies or employers.
And last in this “dog bites man” story is the rather obvious note that although GSK et al will benefit by selling more drugs, they don’t appear to be contemplating any financial contribution to this noble cause.
What does this mean for you?
Two things.
One, another study that demonstrates the positive financial impact of reducing or removing copays for medications for chronic conditions. This has been documented previously, and calls into question what sems to be the main premise of the consumer-directed health plan – the theory that individuals will spend their money in such a way as to maximize their health.
Two, yet another example of big pharma shooting themselves in the foot. To look both smart and magnanimous, all GSK had to do was offer to partially fund the pharmacists’ extra time, provide the blood pressure monitors, reduce prices for insulin by $3 for those employers participating in the plan (either directly or through rebates) or otherwise do something altruistic. Instead, they fund a study (yay) that shows it makes sense for the rest of us to buy and use more drugs, thereby generating more revenue and profit for GSK et al.


Feb
22

PBM win over third party biller

For the dozen or so people in the workers comp business who follow these things, the recent win by ScripNet in its ongoing legal battle with third party biller (TPB) WorkingRx was excellent news – at least for the payers.. The court threw out WorkingRx’s lawsuit, noting that it had “no greater right to reimbursement from ScripNet than a pharmacy would have.”
WorkingRx and its competitor Third Party Solutions have been working two fronts in their effort to stabilize their businesses; suing payers who refuse to pay their bills in full, while attempting to sign deals with pharmacy benefit managers and payers in return for a “discount” off the TPB’s (inflated) charges.
The court win is by no means the final word; TPBs have proven to be remarkably resilient and are proof that businesses that can evolve quickly can survive.
What does this mean for you?
More clarity from the courts re the legal position of TPBs.


Feb
20

Repackagers’ margins

Physicians and clinics are finding that dispensing drugs to patients can be a very profitable venture. Advocates are claiming that the practice improves the quality of care and ensures the patient receives the necessary scripts.
Let’s take the quality of care issue first. No question – an obstacle to compliance is the requirement that the injured worker has to get the script filled. Therefore, the dispensing of meds by docs makes sense. The right drug gets into the patient’s hands quickly.
OK. That’s a good thing. But at what price?
An analysis by Alex Swedlow (data provided by Alex to me) et al at the California Workers Compensation Research Institute on 2004 data indicates the price for repackaged drugs is from two times higher than the fee schedule (for ibuprofen) to twelve times higher (generic Zantac). (CWCI will publish the full study in the near future)
And, repackaged drugs accounted for less than a third of all scripts, but over half of all dollars paid. This is especially troubling when one considers the overwhelming majority of the top 20 drugs are generic.
Sources indicate that the problem grew even worse last year, with some payers indicating a majority of scripts were for repackaged drugs.
What does this mean for you?
Higher costs for WC payers, businesses, and taxpayers in California.


Feb
16

Repackagers and the myth of AWP

From Jim Andrews of Cypress Care comes a heads-up of an article by a former California state representative who’s endorsing the doctor-dispensing trend, noting that it has “small costs and huge benefits.”
Perhaps to his consulting clients, who include the drug repackagers that supply the drugs to docs.
Here’s the deal. The CA fee schedule drastically reduced the amount paid for drugs under workers comp by requiring compliance with the Medi-Cal fee schedule. I have issues w the drastic reduction, but that’s for another post.
So, entrepreneurs sensed an opportunity. The new fee schedule applied to drugs speicfically listed under Medi-Cal; drugs that were not listed were to be paid at the old fee schedule, which was much much much more generous.
Surprise – these wily entreprenueurs figured out that if they repackaged drugs from lots of 100 into 90 or 50 or 101, they fell outside the fee schedule. And, there was no Average Wholesale Price per se, as these creative business folk were creating a whole new drug/dosage/count combination. Voila, they came up with their own “AWP”.
In the article on Workers Comp Exec, the ex-legislator (Thomas Calderon) notes that “The drug debate has centered on the so-called “loophole” created by SB 228 allowing doctors to bill at the pre-SB 228 fee schedule, which is 140 percent of the average wholesale price (AWP). But has this loophole raised rates to employers? Absolutely not (no proof statement provided by Calderon)…We could do as I suggested above by using 90 percent of AWP. Another way would be to increase the handling fee to reflect the costs of dispensing.”
Well, gee Tom, if your clients are setting the AWP, and then you are offering a 10% “discount” off that AWP, how exactly does that reduce payers’ costs? I should note that several of my payer clients are seeing costs for these repackaged scripts that are five to ten times higher than for scripts that are covered under the Medi-Cal fee schedule.
Calderon is disingenuous at best, and advocating cheating the system, patients, and employers at worst.
Repackagers could add value, patients could get their drugs faster, and docs could make a few bucks on the side, and everyone would be happier. But the only people making out on this deal are Calderon’s clients and a few docs who are taking advantage of the system.
What does this mean for you?
We need to fix this loophole.


Feb
15

The cost of life

Should insurance companies or patients pay $6000 to $10,000 a month for a cancer drug that extends life five months on average? Should oncologists be marking the drug up to make money on it? Should the drug manufacturer keep the price so high it keeps it out of the reach of many potential patients ?
Avastin is a drug approved by the FDA for colorectal cancer and is used primarily in advanced stages of the disease. Manufactured by Genentech, it works in conjunction with other, tumor-fighting drugs to slow the spread of cancer by reducing the blood flow to tumors. And it does appear to do this pretty well. This success has led physicians to consider using it in early stages, but there are two problems with this.
First, it has not been approved by the FDA for that usage. As a result, many insurance companies may not pay for it. Therefore this leaves doctors and patients facing the all-too-common financial conundrum – is it worth it? An article in the New York Times (free subscription required) describes the decision making process of several cancer victims, some of whom cannot afford the drug and are not taking it due to cost.
Before we start hurling invective at the insurance companies, remember that they are spending your dollars. So ask yourself the question – do you want your personal funds paying for these drugs?
Another medication, Gleevec, has shown excellent results for leukemia patients, extending life significantly albeit at a very high price.
Genentech’s executives describe Avastin’s pricing methodology as value-based; according to William M. Burns, the chief executive of Roche’s pharmaceutical division and a member of Genentech’s board; “”The pressure on society to use strong and good products is there.” And this pressure allows/enables pharma companies to charge what they want, knowing payers will face incredible pressure to cover the cost.
In contrast, or perhaps contradiction of Burns’ position, Dr. Desmond-Hellmann, the Genentech product development chief, was quoted in the Times as saying “I don’t think any patient should go without a Genentech drug for an inability to pay,” she said. “If this is about money, that would disturb me.”
(I can see the PR types at Genentech cringing…)
Avastin, with annual treatment costs around $100,000, provides about $7 billion in revenues for the company annually.
It is about money – who gets it and who pays it. And therefore it is about choices. Remember a significant portion of medical expense is for treatment of people in their last six months of life. Are we as a society willing to pay $40,000 for five more months of life for people with this horrible disease?
What does this mean for you?
More tough thinking and very uncomfortable debate.


Feb
11

Higher copays = higher costs

A post at “over my med body” (grahamazon.com) about the correlation between copays and adverse health outcomes pointed me to an interesting study published in the American Journal of Managed Care on the correlation between raising drug copays and decreased compliance.
Here’s the net – increasing copays for people on cholesterol-lowering drugs led to lower compliance. Lower compliance led to increased hospitalizations and other bad and costly outcomes. According to the report:
“Although many obstacles exist, varying copayments for CL )cholesterol lowering) therapy by therapeutic need (reducing them for those who would benefit the most) would reduce hospitalizations and ED use


Feb
11

McClellan’s rose colored glasses

Director of the Center for Medicare/Medicaid Services Mark McClellan was up on Capitol Hill yesterday testifying on Part D, conveying the message that all was going better, improvements were being made, and the cost of the program was lower than anticipated.
When one remembers that McClellan is the brother of White House press secretary Scott, his facile comments and ability to re-interpret reality are more understandable.
I’m reminded of the comments whispered to me by the mother of the young lad named “most improved” at a youth football dinner: “he was so bad at the start of the season that just running without falling down was a huge improvement”. While the Part D program is nowhere near running, and has yet to even advance beyond the crawling stage, it is likely to improve. That’s the good news. The bad news is the fatal flaw of adverse selection, discussed here ad nauseum, but still eluding the denizens of Capitol Hill.
One highly contentious issue continues to be the law preventing HHS from negotiating directly with pharmaceutical companies on drug prices. According to ABC News; Sen. Snowe (R ME) and what a great name for a senator from Maine…
“questioned the way the program was working and pushed for legislation that would allow the government to negotiate for better drug prices. The initial legislation included no such provision, an omission that at the time was seen as a boon to drug companies.
Snowe and Sen. Ron Wyden, D-Ore., have drafted bipartisan legislation that would give government the power to negotiate prices.
I can’t imagine why we’d spend $700 billion on this benefit and not allow the secretary to maximize the taxpayers’ money,” Snowe said.
Me neither.


Feb
9

Part D enrollment will fall short

A June 2005 CMS Office of the Actuary report estimated there would be a total of 36.8 million enrolled in Part D in fiscal year 2006. Thus HHS Sec. Leavitt’s stated goal of 28-30 million enrolled in Part D by the end of 2006 either reflects an updated guesstimate or indicates the previous goal is now viewed as unreachable, or perhaps both. (remember almost 22 million seniors were automatically enrolled in Part D on 1/1/06) Especially when one recalls that the calendar year has three more months than the fiscal one.
As Bob Laszewski points out, historically the big enrollment date for employee benefits and health plans has been January 1. With all the hype, publicity, politicians-on-the-road-show circuit and marketing leading up to that date, and with that date well behind us, it looks very doubtful that enrollment numbers will even come close.
The well-publicized enrollment mess surely has not encouraged seniors to jump into a plan that had already confused them.
So, despite the taxpayer funding 75% of the costs of the program, millions of dollars in advertising and strong support from elected leaders (sell, some of them at least) and six weeks into the program, we have enrolled a grand total of less than 4 million into the voluntary program.
Not exactly a ringing endorsement of a privatized health care plan based on competition in the private sector.
What does this mean for you?
Bad news for advocates of national health insurance provided by private payers. That was me too, but I’m not nearly as convinced today as I was this time last year…


Feb
8

PBMs and Part D

There is an excellent objective review of the role of PBMs in managing Part D costs at California HealthLine. While I hesitate to summarize what is already a summary, here are the main points.
1. The absence of any “transparency” requirements in the Part D enabling legislation makes it impossible to determine without legal investigation how PBMs may benefit from rebates and other confidential financial transactions.
2. There was an amendment proposed that would have addressed this but it was shot down due to the administrative expense ($40 billion over ten years).
3. Self-dealing, namely the direction of patients to a PBM-owned pharmacy, is not illegal, and is a likely fallout from Part D. This is not bad per se, as mail order costs are significantly cheaper, and the home delivery service means folks do not have to get out of the house to get their scripts (which may actually be a good or bad thing).
4. Not noted is the failure of the legislation to allow CMS to negotiate drug prices, not even as a last resort. I don’t get this.
PBMs Medco, Express Scripts, and Caremark have been besieged by allegations of impropriety, civil complaints, and customer action. While this PBM-pharmacy manufacturer-pharmacy-CMS-employer-patient thing is enough to make your head spin, this will confuse you even more –
If PBMs screw up really badly and lose a lot of money during the next two years, the taxpayers will bail them out .
What does this mean for you?
less faith in “free-market” capitalism?