Feb
1

High expectations at Ohio’s scandal-plagued work comp bureau

In an attempt to turn over a new leaf, the administrator of Ohio’s troubled Bureau of Workers’ Compensation (BWC) has announced plans to improve financial results by up to $424 million. These improvements appear to be based on plans to cut health care expenses, improve investment income, and other administrative changes.
Ohio’s workers comp fund, the only source for comp insurance in the state, has been hammered by reports of excessive payments to hospitals, fraudulent investments, including reserves invested in rare coins, cronyism and back-room dealings resulting from ineffective oversight.
While I sincerely hope they get their act together, if they do, I’ll sure miss the entertainment value. After all, its not every day you see work comp hit the daily news… and certainly rare indeed when comp is mentioned in the same sentence with Abramoff, Delay, and the rest of the current crop of miscreants.


Jan
27

Docs as drug dealers

One of the emerging issues in workers comp is the dispensing of drugs by physicians on a grand scale. Clients (big WC payers) are seeing over half of their drug costs in California coming from doc-dispensed drugs. While that sounds great; injured workers get their meds quickly and without having to drive to a store and argue with a clerk over who pays, there are a few problems – and a couple really really big problems.
Drugs are reimbursed according to a fee schedule in work comp in many states. But, the fee schedule only applies to drugs that are “standard”; i.e. have an NDC number. So, when the fee schedule was slashed in CA two years ago creative capitalists simply repackaged the drugs, which now did not have an NDC number and therefore no state-set fee (showing the futility of price controls).
Actually, there is no state set fee, but there is a reimbursement methodology that results in drug costs much higher than the “regular” drug packages. CA law required payers to pay for these repackaged drugs according to the old OMFS fee schedule. And this is one generous fee schedule – 140% of AWP plus a $7.50 dispensing fee for generics and 110% plus $4 for brand. The margins on this for docs must be amazing.
BY way of reference, the new WC drug fee schedule in CA is about 90% of AWP…
Lesson here is price fixing creates opportunities for creative entrepreneurs; my bet is while this gaming has been going on, drug utilization in California WC has been increasing.
What does this mean for you?
If you are a WC payer in California, headaches (that may get treated with doc-dispensed drugs!).


Jan
25

Immigrant workers issues

Friend and colleague Peter Rousmaniere has started a new blog dealing with immigrant worker issues. Peter is a well-known author on all things workers comp, occupational health and safety, and an insightful critic at large.
One of Peter’s more troubling findings is the tendency of alien workers to not report occupational injuries or illnesses. With the large number of immigrants working in the US today, and the well-publicized decline in the occupational injury rate, I’m wondering if there is a relationship between the two.
Are migrant workers replacing citizens, then getting injured and not reporting it, thereby artificially reducing the reported injury rate?
Anyone?


Jan
19

Managed care costs in workers comp

I have been on the west coast at a series of meetings with employers and insurers as well as managed care firms. A meeting earlier this week with a very large self-insured employer group highlghted some of the significant problems that still exist in work comp managed care. And these problems are not limited to California.
This group is self insured with a high deductible; the insurance, claims service, and managed care services are all provided by a top ten WC insurer. A common name, a fairly well-respected insurer.
This insurer is charging for medical bill review on a percentage of savings basis – that is, they get to keep 20% of the difference between what the provider bills and what is actually paid. Most of the providers in California bill way over the state fee schedule, which is all insurers legally have to pay in Ca. But this insurer wants to get paid an outrageous sum just for doing its job – for applying the law.
The right way to pay for bill review is on a flat rate basis – between $6 and $9 per bill.
Why? Simple – the percentage of savings method of pricing for bill review is costing this group five to ten times more than it should.
Note – I met with two gentlemen in FL last week who had a client with the identical problem – ridiculously, outrageously high charges for managed care – costs that were well in excess of the claims admin expense! This is not a rare occurence…
For more on this read my article on unintended consequences.
I bring this to your attention to encourage all to review how they are being charged for managed care, to scrutinize bills, referral rates, nurse case manager charges, and the like. Managed care has become a huge money maker for insurers and TPAs, and employers who fail to pay attention to this are being hammered.
What does this mean for you?
Hopefully not much – but if you aren’t paying attention you better start now.


Jan
19

Coventry’s work comp results and plans

More from the Coventry investor call last week…
Coventry views its businesses as in two main sectors – health plans or specialty businesses. Workers Comp and Medicaid are the specialty businesses.
CEO Dale Wolf sees substantial growth in 2006 in WC. According to Wolf, Workers Comp will grow from $215mm (Estimated) in 2005 to $240mm in 2006. While I guess anything is possible, I’m somewhat surprised about the level of optimism given First Health’s recent difficulties in the WC arena. On top of their losses at the Hartford and elsewhere, another large carrier has just moved a major state away from First Health. While I don’t pretend to know all that goes on with their new business and renewals, sources also indicate that renewal contracts are being negotiated on terms somewhat less favorable to FH.
FH’s bill review and network customers are large insurers and TPAs. Wolf views Coventry’s WC sector as a nicely profitable business with a dominant market position, based on what he views as the leading network in the country. The slides accompanying the presentation indicated Coventry is expecting a 12% growth rate in 2006. Again, I’m sure he knows a lot that I don’t. Or perhaps the market knows a few things that have not yet hit the executive suite at Coventry…
Notably, Wolf stated that Coventry will invest additional capital in this business.
My view is FH, which is yet to name a leader for the WC business unit, will be significantly challenged by Aetna which is gaining traction amongst payers for its very strong discounts and more approachable style. If Kaiser can promote its excellent On-the-Job program, United gets its act together, and the Blues make any additional inroads into WC, FH will have a real battle on its hands.
What does this mean for you?
The drive for top line from Coventry may help WC payers negotiate deals on more favorable terms as FH seeks to replace lost revenue from major insurers.


Dec
15

Aetna’s work comp subsidiary has new leader

Aetna has officially named Pat Scullion to head up the Aetna Workers Compensation Access subsidiary. Scullion was formerly in a financial role at AWCA; he replaces Robyn Walsh who retired five months ago.
Scullion’s background is financial; he does have experience in workers comp from his two years at AWCA and a previous stint at First Health.
Sources indicate AWCA has been able to establish relationships with several other workers comp managed care entities, including Concentra, Ingenix, Genex, and Intracorp. The company has had more modest success in the payer sector; the Hartford is the sole insurer landed to date, although a large TPA and another payer will be moving some of their states to AWCA’s networks in the near future.
While Scullion is not a big name in the industry, his appointment will likely help AWCA reinforce its claims to be in the work comp business for the long haul.
Meanwhile, First Health’s work comp business is still without a leader. However, several sources at FH’s payer clients indicate that this may be resolved in the near future, as Coventry has several candidates under consideration.
What does this mean for you?
AWCA is working to establish itself as a worthy competitor to First Health in the network access business; for WC payers this is excellent news.


Dec
15

Third party billers and usual and customary

My post of a couple weeks ago on Third Party Billers (TPBs) generated a good bit of heat and even some light amongst interested readers. It has also caused a few payers to examine their own reimbursement policies in some detail. Caution – Most regular visitors will find this a touch too esoteric, but for interested parties nothing could be more intriguing.
Reminder – TPBs are “factors”; companies that buy workers comp scripts from retail pharmacies and try to collect from payers such as insurance companies. Seems pretty straightforward – pay a discounted price, the pharmacy gets their money quickly and then the TPB makes money on the margin between what they pay and what they collect. There are a few nuances and twists that make this a lot more complicated, and therefore a lot more frustrating for payers.
In about half the states, there is a fee schedule mandated by the state government which sets the maximum reimbursement amount for most drugs. Thus, when TPBs request reimbursement from payers, they ask for the fee schedule amount. So far, so good.
Except when the pharmacy is in the payer’s Pharmacy Benefit Management vendor’s network of contracted pharmacies. In this instance, some payers and payers/PBMs have reduced the amount payable to that owed under the terms of the contract rate at the dispensing pharmacy. TPBs do not approve of this interpretation, and in some instances have aggressively pursued additional payments.
A different situation arises in the non-fee schedule states. Most of these require reimbursement to be at “usual and customary”, which is defined by the NCPDP (standard field 426-DQ) as the “amount charged cash customers for the prescription exclusive of sales tax or other amounts claimed”. It appears that this definition is not used by the TPBs, who are actually billing at rates that appear to be based on a multiple of the Average Wholesale Price, or AWP. (Various sources within payer organizations have indicated that the multiple is in the range of AWP + 15% to AWP + 20%.).
Some payers pay the requested amount while others pay the bills at what they deem to be “U&C”. In some instances TPBs have threatened to initiate legal action against payers failing to pay what the TPBs have stated they are owed.
The net is this – there appears to be a disagreement as to what constitutes “usual and customary”. After reviewing research on drug fee schedules and reimbursement arrangements in the individual states, there does not appear to be a consistent, clear definition of usual and customary.
There have been some court cases that at least part involved this issue; to my knowledge there have not been any precedents set or definitive rulings written. If any reader is aware of more conclusive information please let me know.
What does this mean for you?
Confusion and different interpretations are never helpful and can lead to excess costs and hassles for all involved. The sooner this is publicly resolved the better for all parties.
Note to reader – I contacted executives at third party billers in an effort to get their perspective on this issue; none have returned my calls as of this morning. This despite the request from one (Third Party Solutions) in a comment on a previous post that I contact them to get their input.


Dec
9

United HealthGroup’s workers comp network business

United HealthGroup appears to be preparing to re-enter the workers compensation network business. Sources indicate that the initiative is housed within UHG’s Ingenix subsidiary; plans are not finalized but reports indicate this is all but a done deal.
Ingenix’ new CEO, Richard Anderson, is in the process of determining what to do and who is to do it. While Ingenix is well known for its Power-Trak, UCR databases, and other analytical and software applications, the property and casualty industry has been a relatively modest contributor to the company’s revenues.
For those relatively new to the WC network business, UHG was once a significant player in workers comp PPOs, owning both the Focus (now part of Concentra) and MetraComp (also part of Concentra) network businesses. UHG sold both about 8 years ago; neither was core to the company’s business at the time. Having been at UHG’s MetraComp subsidiary until 1996, I can attest to the company’s lack of interest in workers comp.
Which begs the question – why now? Is it because Aetna is making a major push? Has UHG management been swayed by Coventry’s positive statements about workers comp? (many Coventry executives are ex-UHG employees) Is this a push to diversify, as UHG’s group health and HMO plans are very much a mature industry?
All of the above?
I’ve discussed this at some length with WC network buyers, competitors, and others, and all welcome UHG’s entrance. However, those who have expertise in network development wonder if UHG has the persistence and focus it will take to be successful in this business. It will take years, a lot of dollars, and a long view that UHG has not been known for in the past.
There are many other challenges to be faced; if and when UHG announces anything publicly I’ll devote more time to this.
What does this mean for you?
Another sign that the HMO industry is maturing, and executives are looking for the gold dust that has fallen through the cracks in the measuring room floor.


Dec
9

Suit filed against drug manufacturers for price manipulation

A suit has been filed by Arizona’s Attorney General accusing 42 drug manufacturers of inflating Average Wholesale Prices on drugs sold to physicians. According to an article in the Arizona Republic, at least 14 other states are also pursuing action against foreign and domestic pharmaceutical firms.
The pharmas are accused of artificially inflating the AWP reported to payers and data aggregators, setting prices that are many times higher than what they “actually charge some doctors and pharmacies.” As Medicare, Medicaid, group health plans, and group health and workers comp pharmacy benefit managers often base their reimbursement on AWP, the effect of the alleged price inflation is to generate enormous profits for the retailers and physicians paying the real wholesale prices.
In one example, the Republic noted:
“Abbott Laboratories Inc. lists a price of $382.14 for a 1-gram vial of the antibiotic vancomycin, which is used for severe infections. But the providers, the doctors and pharmacies, are charged only $4.98 for the drug, leaving a profit of $377.16, or 7,547 percent. Some drug firms sell the salt solution sodium chloride to pharmacies and physicians for about $4, with the average wholesale price listed at about $670.
The complaint also says that drug manufacturers provide financial incentives to physicians and suppliers to stimulate drug sales, such as volume discounts, rebates and free goods, at the expense of Medicaid and Medicare. The incentives were not offered to government or consumers.”
AWP is universally derided as “Ain’t What’s Paid”, and this is yet more proof that the pejorative definition of the acronym is more realistic than the industry definition. Transparency is a critical issue in the industry, and this shows why.
Not mentioned in the article is the growing trend in dispensing of drugs by physicians for workers comp patients in many states, particularly California. According to some of our clients, almost half of all drugs dispensed to WC claimants are through physician offices. I’ll comment in depth about this in a future post.
What does this mean for you?
Yet more evidence that the “discount” is meaningless. Too many payers assess their program based not on total drug costs but on the discount received. This is proof that the system is ripe for manipulation.
If you aren’t measuring your drug costs based on total expenditures, you are not doing your job.


Dec
8

Workers comp industry performance

John Burton reports that the workers compensation industry had an excellent year in 2004, delivering an operating ratio of 93.7. According to Burton, the”operating ratio” is the best overall indicator of sector performance as it considers investment income as well as operating results.
The combined ratio (all losses combined plus dividends excluding investment income results) was also strong at 104.9, continuing a four year trend of improvements.
The factors contributing to these returns are expenses, defined as claims, loss adjustment expenses, dividends and underwriting expenses, as well as investment income. It will come as no surprise that investment returns in recent years have been less than stellar; the tepid equity markets and low returns on debt vehicles have combined to make it difficult for investment returns to hit the 20%+ results seen at the end of the last decade.
As noted here previously, the strong financials may not continue for much longer, as there are some indications that the market is softening. The key will be what happens with reinsurance rates and availability. After the hurricane season’s record losses, many reinsurers may be looking to recoup losses by increasing their prices. This will have a rapid and notable trickle-down effect on primary insurance rates.
What does this mean for you?
Manage losses and prevent them where possible.
There is little the average employer or insurer can do to impact the reinsurance market, but there is a lot that can be done to mitigate the underlying driver – claims costs. Start with prevention and make sure your managed care program drives lower total claims costs, not just discounts on bills.