Insight, analysis & opinion from Joe Paduda

Sep
18

Another question for your work comp managed care vendors

Following on yesterday’s post, I received several emails from payers and vendors alike suggesting other pertinent questions payers may want to pose to their vendors. The most common pertained to fee-sharing between TPAs and vendors.
This practice has long existed in comp; TPAs have charged clients to build links to networks, bill review vendors, pharmacy benefit managers, and case/utilization management firms. These charges may appear as one-time fees, but more often as a percentage of the vendors’ revenue from the client. And in some cases, these costs don’t appear unless you look very, very closely.
That’s not to say it is unethical or illegal or immoral or bad business for vendors and TPAs to share fees – but it certainly is a problem if they don’t fully inform their clients. Clients aren’t blameless in this either; many employers have beaten TPAs down on admin costs so far that TPAs have to make up the lost revenue from somewhere – and fee splitting is the perfect ‘somewhere’.
Several TPAs, most notably Gallagher Bassett, pride themselves on full disclosure of fee sharing. Others will disclose if asked, and a couple – SRS (the Hartford’s TPA) and Broadspire – do not participate in commissions (although they may charge an upfront implementation fee, again fully disclosed).
Recently I reviewed proposals from several TPAs for a large self-insured employer in the northeast. Broadspire’s administrative fees were considerably higher than the competition, (who shall remain nameless for obvious reasons). But when managed care fees were added in to the calculation, their bid was quite competitive. Several of the other TPAs had low per-claim adjusting fees, but their estimated fees for managed care services were much higher.
(Broadspire is not a client and HSA has no business relationship with the firm)
What do you do with this?
You may want to require your TPA’s CEO to sign a document (after your attorneys polish the language) stating words to the effect that “We will fully disclose any and all financial transactions involving (TPA) and any and all managed care entities providing services to (employer) and employer’s claimants. This disclosure includes but is not limited to service fees, commissions, implementation fees, RFP and proposal assistance charges, transaction fees, connection fees, membership fees, and any and all other transfer of monies from managed care entities to (TPA).”
Then, ask the same question of your managed care vendors. Hopefully there won’t be any surprises.


Sep
17

The Post-Speech edition of HWR is up

and a more complete and diverse analysis won’t be found. Read this week’s edition to understand what worked, what didn’t, and what the future will hold for reform


Sep
17

Questions for your work comp managed care vendors

Here, in no particular order, are a few questions you may want to pose to the folks who manage your work comp medical dollars. Whether the answers are ‘right’, ‘wrong’, or neither depends on your situation, but regardless of the answer, these are things you should be thinking about.
1. Are your incentives aligned? To know, you’ll obviously need to have a tight grasp on the strategic objectives for your comp program. Minimize cost? Maintain strong employee relations? Avoid antagonizing union workers? Maximize employee productivity? And the follow on question – do your vendors know and understand those objectives, and finally how have they demonstrated that understanding?
This is the foundation for a successful program; if you aren’t starting with the same strategic goal you’ll be constantly battling over direction, focus, resources, cost. The relationship will be time-consuming, frustrating, and ultimately fail. To be successful you, and your vendors, must ‘succeed’ together, or fail together. Here’s an example. If your objective is to manage total program cost, make sure the vendors are aware of their role in that effort, and specifically how their fees add to the program’s cost. Pharmacy Benefit Managers make money on each and every script that flows thru their network, yet several have very effective clinical management programs that reduce overuse of expensive drugs. How does your program recognize and address this apparent conflict?
2. Are their reports meaningful? I’ve seen hundreds of reports from managed care vendors, and only a few have been useful. Most recently, I have been reviewing reports on bill review and network results from a couple of the big TPAs; they include ‘savings’ below billed charges; network ‘savings’ below billed charges, and network penetration as a percent of billed charges.
The continued focus on billed charges as the basis for calculating savings makes little sense. Paying what you are legally required to pay and no more does not create ‘savings’. It’s analogous to your credit card company telling you it ‘saved’ you a thousand dollars by not charging you for fraudulent use of your card.
Savings should be based on cost per claim. How much did you pay for medical expenses – in total and by separate category – and how does that compare to prior years and benchmarks? That’s a big difference from the industry’s traditional view of ‘savings’, which look only at reductions in cost on each line item on each medical bill. That metric is helpful, but it can also be very misleading.
If a claimant gets lumbar surgery at a high cost hospital, which bills you $100,000, and your PPO gets a 20% discount, you ‘save’ about $15,000 – the amount of the discount less the PPO fee.
But lets say the claimant goes to a less expensive, but nonetheless equal quality facility, which only charges $75,000. This hospital happens to be out of network, so there are no PPO ‘savings’, yet your costs are still $10,000 less than the PPO facility.
So your savings reports show the PPO hospital visit creating $15,000 in savings, the non-PPO stay creating no savings, and your medical costs are $10,000 higher. Oh, and your bonus plan and performance appraisal take a hit too…
That’s not to say ‘savings’ reports aren’t useful, but they can divert attention from the key metric – cost per claim. Make sure the PPO reports show savings below fee schedule or UCR, and agree on the basis for UCR as well.
3. Is your utilization review/case management function electronically linked to bill review? My firm conducted a survey of bill review in workers comp earlier this summer, and found that most programs are still not connected. While there are manual workarounds and checks and audit schemes in place at many payers, we all know that they are poor substitutes for automated connections.
After you’ve asked the initial question, audit several cases to determine if UR determinations actually show up in bill review. A couple places to check – PT visits, MRIs, and drugs. Check the claimant’s paid medical records for several months after the initial determination, and look for payment to any provider for that service.
If you’ve decided to buy bill review and UR from different vendors, it is going to be incumbent on you to ensure they are connected; and this is going to cost you. That’s fine, if the benefit is worth the added expense.
These are just a few of the questions that should be on your list, but these should be at the top.


Sep
16

Baucus’ bill is out to little applause

The Baucus bill is out, and despite multiple concessions made in an effort to garner some GOP support, not a single Republican Senator has voiced even equivocal support. While Sens Snowe Grassley and Enzi allow that they’re still negotiating, the list of objections likely precludes endorsement by all three. The only potential R supporter at thus juncture is Olympia Snowe who is said to be waiting for CBO’s scoring (assessment of the bill’s cost).
Without any GOP support some Dems will likely wonder why the bill contains provisions that are not viewed favorably by many of their supporters. The question is a fair one. If the Baucus bill isn’t enough to capture a few GOP votes, anything more will be so unacceptable to liberal Democrats that they may withhold their support from any bill with additional concessions to Grassley et al.
We may well see a game of brinksmanship begin soon as the more liberal Dems seek to strip out the co-op, add a public option and universal mandate along with higher subsidies for lower income folks.
We’re about to find out just how serious the Democrats are about health reform, and just how much the GOP wants to block it.


Sep
15

Health reform – it’s not looking good…

Today’s Washington Post reports that Sens. Enzi and Grassley have asked Sen Baucua to consider a lengthy list of changes to his health reform bill, changes that include elimination of state funding for the expansion of Medicaid, reduction or elimination of the penalty for failure to obtain health insurance, and myriad other modifications.
As I noted before the President’s speech last week, these two Senators are the key to health reform’s passage. With the revelation that there’s much they don’t like about the Baucua effort, it is growing increasingly clear that reform’s chances are grim indeed. Recall that the Baucua bill doesn’t have a public option, specifically prohibits the use of tax dollars to fund care for undocumented workers, and is not exactly abortion-friendly either. In sum, this is NOT a liberal bill.
Yet the gang of two remain unsupportive despite Baucus’ efforts to present them with a bill that avoids most of the really contentious issues.
The net is this. If two of the more moderate GOP Senators are this unhappy with the Baucus bill, the Dem choices are stark. Either compromise so much that the final bill becomes all but meaningless or pick the reconciliation option.
Come to think of it, there is a third choice; use the reconciliation process to ram thru narrow, specific bills targeted to drastically cut reimbursement for pharma, hospitals and , medical devices; slash Medicare Advantage funding; and revamp Medicare’s provider reimbursement to end fee for service and move to episode of care over time.
That may be the best option. The threat alone may force stakeholders to get serious.
And it sure would be fun to watch!


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.


Joe Paduda is the principal of Health Strategy Associates

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A national consulting firm specializing in managed care for workers’ compensation, group health and auto, and health care cost containment. We serve insurers, employers and health care providers.

 

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