Mar
1

Noe owes $13 million to Ohio

An audit by Ohio’s Bureau of Workers Compensation has revealed that Tom Noe and an associate owe the Bureau over $13 million. And, one of Tom Noe’s partners in the rare coin business has pleaded not guilty to seven felony counts related to alleged thefts from Ohio’s state workers compensation fund. The miscreant, Timothy LaPointe, was escorted from the courtroom in handcuffs before being fingerprinted and released on bond. LaPointe is accused of corrupt activity and six counts of tampering records, proving yet again that cover-ups are always a bad idea.
Meanwhile, more details on Noe’s transgressions are coming out every day. The latest scoop is Noe spent the State’s funds lavishly on house improvements, entertainment, golf outings, and collectibles such as political pins.
The Toledo Blade has an in-depth review of the Noe case, including a follow-the-money section that is quite interesting. Notably (no pun intended), Noe was appointed to his post as a fund manager for Ohio’s BWC despite the fact that he was not qualified; he did not file adequate financial records; and the Bureau allowed Noe’s lawyers to write the agreement between Noe and BWC.


Feb
27

First Health still without WC exec

Industry sources indicate that Coventry Health’s year long effort to find a leader for its’ First Health workers comp managed care entity has hit another snag.
Evidently the last candidate rejected an offer from Coventry within the last few days, leaving Coventry with an empty pipeline. The job has been open for about a year, and search firm Spencer Stuart has had the engagement for a few months.
Faithful readers will note that I reported Coventry was close to naming an exec a few weeks ago. For unknown reasons the deal could not get done. My take (based on nothing but idle speculation) is the workers comp business may well be more competitive and tougher than Coventry either knows or admits. Aetna’s Work Comp Access program appears to be gathering momentum; Concentra has not stumbled recently; and specialty managed care vendors such as MedRisk and CHOICE Medical Management are “hollowing out” First Health’s network business by taking out pieces of the network (PT and Florida respectively). First Health will be losing big chunks of business from two of its largest network customers this year.
Perhaps the candidates know they are not being asked to take over a thriving market dominator, but rather right the ship of a firm that has grown stagnant and stale.
What does this mean for you?
The right leader could return First Health to prominence in this sector. The longer this goes on, the more important it is to select – and sign – the right candidate.


Feb
26

Ohio’s BWC coingate gets even better

It isn’t often that international auction house Sotheby’s gets involved in workers compensation cases, so the news that two of their numismatic experts pulled an all-nighter looking for coins missing from the Ohio Bureau of Workers’ Compensation is “top of the fold” stuff.
According to a report in the Akron Beacon Journal, Sotheby’s was contracted to track down and value the rare coins that were part of the BWC’s investment “strategy”. This highly unusual investment was made possible by the work of Tom Noe, a now-indicted political crony of Ohio Gov Bob Taft (R). .
Noe, who faces criminal charges for his allegedly illegal campaign contributions and other acts, had been storing the coins at several of his shops around the country, including ones in Sarasota, Maumee Ohio, and Colorado. Unfortunately, the Sotheby audit indicates that the coins they were able to locate are worth between $21 and $27 million; about half of the advertised value of BWC’s investment.
Highlights of the audit included the appearance of an Ohio State Trooper complete with badge and gun at one of Noe’s shops during the on-site audit. Evidently the Sotheby’s people were getting nowhere until the Law arrived, after which they stayed up all night looking at doubloons and double eagles (I’m guessing’).
So, the scandal that won’t fade away (much to the delight of this blogger) gets even better. Somewhat like a rare coin, it continues to appreciate the longer it is around.


Feb
20

Iraq’s impact on insurers

The continuing strife in Iraq and Afghanistan and its effect on the insurance and employer communities is the subject of an excellent monograph by Robert Hartwig of the Insurance Information Institute. Hartwig notes as the returning veterans are reintegrated into the working community, employers will face challenges addressing the needs of vets with physical and/or mental health problems resulting from the conflict.
The Americans with Disabilities Act requires employers to make reasonable accommodations for employees with disabilities. And, with over 15,000 servicemen and women injured to date, and about 30% of all troops serving in these areas citizen soldiers – either from the National Guard or Reserves – many will come back to employers who will need to address their unique circumstances.
The impact may well have a significant impact on workers compensation. According to Dr. Hartwig, workplace claims arising from injuries suffered during these conflicts will be covered by workers compensation insurance. Many of the states have shut down their Second Injury Funds, financial pools designed to cover injuries arising from previous claims. Now, with these funds disappearing, the financial liability for claims related to wartime injuries will be the responsibility of workers comp insurers and self-insured employers.
Taking into account the Pentagon’s plans through 2009, present troop levels and injury rates, Hartwig predicts more than 60,000 wounded troops will be returning from Iraq and Afghanistan.
What does this mean for you?
A “hidden tax” on insurers, adding to the total cost of these conflicts.


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

Comp claim frequency drops in CA

Excellent news out of the California Workers Compensation Institute (one of my favorite research outfits) that the frequency of comp claims has dropped significantly after enactment of reforms. The decrease, of 13% from 2004 to 2005, continues a decline that has seen comp injuries drop over 60% since 1990.
Self insured employers saw an even bigger decrease of 17%.
Even better news – according to Workers Comp Executive:
“n addition to frequency, claims costs have also started to decline thanks the recent reforms along with pure premium rates. CWCI points out that with claims frequency at a record low, additional rate decreases will depend on what changes state regulators, the courts or the legislature make to the current reforms.”
What does this mean for you?
A lower cost of doing business in California.


Feb
14

Noe’s woes in O-hi-o

Ohio’s workers comp scandal keeps getting better and better. One of the principal figures (Tom Noe, aka “the perp”) has just been busted after a 10 month investigation that uncovered a very close relationship between the perp and the Governor’s chief of staff and a theft of over a million dollars
The perp a former investment manager for the Ohio state workers comp fund, pled not guilty to 53 charges, including stealing more than $1 million from the state’s work comp reserves.
According to the AP, the charges:
“conclude a 10-month investigation by state and federal prosecutors into the $50 million rare-coin investment Mr. Noe managed for the state insurance fund for injured workers.
The investigation led to sweeping changes at the state workers’ compensation bureau, an agreement by Gov. Bob Taft and two former aides to plead no contest to ethics charges, and pending charges against two other former Taft aides.
Mr. Noe is accused of stealing from the investment by writing checks, sometimes for hundreds of thousands of dollars each, knowing that the money was not his to use.
His lawyer has acknowledged a shortfall of up to $13 million of the money Mr. Noe invested for the Ohio Bureau of Workers’ Compensation.
One of the charges in Monday’s indictment accuses Mr. Noe of stealing at least $1 million. The state attorney general has accused him of stealing up to $6 million.
Mr. Noe, 51, already faced charges of using colleagues and associates to funnel $45,000 illegally to President Bush’s re-election campaign. The new counts include forgery, theft and money laundering.”
This has it all – lost treasure, political backroom deals, corruption in high places, theft from injured workers, and political scandal at the state and Federal level.
What does this mean for you?
Yet another reason to love the workers comp business; as if you needed one.


Feb
14

AIG’s workers comp fraud

My friends at Workers’ Comp Insider have posted a round-up of WC news, including a summary of the recent AIG settlement. Part of AIG’s $1.6 billion settlement is to go to pay back taxes owed for workers comp premiums that were not reported to the various states as such.
States tax insurance premiums to gather revenue and to build up funds to cover any costs associated with insurers that go belly-up. The reporting of premiums is also used to determine how much of the residual market is assigned to each insurer (in states that handle the residual market this way).
Turns out AIG systematically under-reported work comp premium and engaged in a variety of other financial shenanigans to avoid taxes and assessments. And now they are paying $343 million for their sins.
What does this mean for you?
The final note, we hope, in the denoument of AIG’s reputation as a respected and feared company.