Nov
19

Medicare physician reimbursement – the can gets kicked again

Yesterday the Senate voted to prevent implemtation of the pending 23% cut in Medicare’s physician reimbursement – until December 31. The House will likely do the same.
Then, unless congress passes a bill that fixes – or postpones another cut in the RBRVS, physicians will see their reimbursement slashed.
I’ve blogged on the stupidity and wastefulness of this so many times I’m ready to sue Congress for carpal tunnel. But my problems are tiny compared to the hassles for docs, billing companies, insurers, regulators, and Medicare patients.
The new Congress wants to fix Washington. What they do about medicare physician reimbursement will tell us a lot about how – and if – they will succeed.


Nov
18

Provider bargaining power is growing – and that’s a problem

A new study by Paul Ginsburg at the Center for Health System Change reveals what we on the inside of the insurance industry have long ‘known’:
The balance of power in rate negotiations has moved decisively from payers to providers
and
Payers without market share have higher medical costs and little chance of improving their position.

Let’s focus on the second point.
According to Ginsburg, “Average inpatient payment rates in the eight market areas varied widely, ranging from 147 percent of Medicare rates in Miami to 210 percent in San Francisco…San Francisco had the highest average rate across the four insurers, it was the highest-priced market for only two insurers. Presumably, this reflects such factors as health plans’ differing market shares…”
The implication is clear – the dominant payers in San Francisco were able to negotiate reimbursement deals that were much more favorable than those payers with little share.
What does this mean?
If competition is to flourish, there has to be some way for new entrants to compete effectively. In the health insurance business, success is largely driven by price; payers with lower cost structures win and grow; payers with higher cost structures shrink and disappear. If a payer doesn’t have enough share in a market – defined as membership – then providers will find little need to give them significant discounts, to comply with onerous utilization review processes, to provide quality data and vary their treatment, scheduling, and billing practices to accommodate an insurer that delivers few patients to their office/imaging facility/hospital.
One of the flaws of the ACA (health reform bill) was it did little to address this fundamental problem. The ‘free’ market hasn’t solved the problem, so some form of regulatory intervention is necessary if new competitors are going to have a chance to compete with the big health plans.


Nov
18

How to ‘fix’ health reform – part one

There’s no question the Accountable Care Act needs work – everyone agrees on that.
So let’s talk about the specifics – what needs fixing, why, and how can we get those fixes passed.
First, let’s understand how bad our current ‘system’ is. Some who want to repeal and/or replace the ACA continue to publicly state we have ‘the best health care in the world’. (here, and herel)

While that may – or may not – have been true at some point, it is increasingly clear that the US health care system is not anywhere close to ‘best in class’. A just-released study done by the Commonwealth Fund compares our system to those in ten other industrialized countries, with sobering results.
Here are key findings:
– Adults in the United States are far more likely than those in 10 other industrialized nations to go without health care because of costs, have trouble paying medical bills, encounter high medical bills even when insured, and have disputes with their insurers or discover insurance wouldn’t pay as they expected.
– One third (33%) of U.S. adults went without recommended care, did not see a doctor when sick, or failed to fill prescriptions because of costs, compared to as few as 5 percent to 6 percent in the Netherlands and the U.K.
– One-fifth of U.S. adults had major problems paying medical bills, compared to 9 percent in France, the next highest country, 2 percent in the U.K., 3 percent in Germany, and 4 percent in the Netherlands.  
One finding is particulary scary – “Although the uninsured were at highest risk for skipping needed care, working-age U.S. adults with below-average incomes who were insured all year were significantly more likely than those with above-average incomes to go without needed care because of costs and have serious problems paying medical bills–nearly half (46%) went without needed care and one third had one bill problem, double the rates reported by above-average income insured adults.”
You read that right – having insurance does not mean you get health care, and if you do, you still have to pay a substantial portion of the bill out of your own pocket. 
The study examined health care and health insurance in eleven countries, all with much lower costs than the US – a differential that undoubtedly helps them compete in international markets. As globalization continues, American companies will find the disparity in health care costs will be a growing problem, diminishing their ability to compete with companies from Germany, Japan, Korea, and Switzerland.
That said, ACA is anything but perfect. Let’s start our discussion with something that isn’t in the bill – Medicare physician payment reform.
Fixing Medicare’s horrendously broken physician reimbursement ‘scheme’ known as RBRVS is critical. Congress has to come up with a long term solution that:
a) better recognizes the primary importance of primary care;
b) incentivizes outcomes rather than pays for piece work:
c) is less likely to be abused by Congressional cowardice and ineptitude.
A big part of the solution is already in place – the Independent Payment Advisory Board (IPAB). This from California Healthline:
“Beginning in 2014, IPAB must recommend Medicare spending cuts if the program’s growth rate exceeds the average of the consumer price index and the Medical Care CPI. Barring congressional action to make equivalent cuts, IPAB’s recommendations would become law. The board would exempt decisions affecting hospitals and other provider groups until 2020, but the Congressional Budget Office estimates that IPAB still could hold down Medicare spending by $15.5 billion between 2015 and 2019, according to a new report from Stephen Zuckerman of the Urban Institute.”
A good start to be sure, but just a start. And note that we’ve still got to wait ten years before IPAB can address hospital costs, ten years that will likely produce significant inflation driven by technology, utilization, and price increases. We’re already seeing hospitals successfully thwart the new severity-adusted DRGs through more sophisticated coding…
Instead, we should move up IPAB’s effective date by at least a year, and ideally two for physicians and perhaps seven years for facilities.
If we are serious about deficits, then let’s get serious. What the new Congress does about IPAB will tell us a lot about whether it will live up to the oft-voiced commitment to reduce government spending.
What does this mean for you?
Watch what Congress does about physician payment reform. If this isn’t addressed in a meaningful, comprehensive, and sustainable way than there’s little chance Medicare costs will be controlled until IPAB goes into effect.


Nov
16

Fifty-nine million uninsured – and growing

The recession, coupled with increasingly unaffordable health insurance premiums, pushed the number of those without insurance for some part of 2009 over the fifty-nine million mark.
Here are a few relevant findings from a new CDC report:
– the number of uninsured has increased by over a million for each of the last few years
– 40% of the uninsured had at least one chronic condition such as diabetes, hypertension or asthma
– those with a chronic condition were more likely than insured people to go without necessary care
– 50 million were adults, the rest dependents
– One-third of middle-income adults weren’t covered for some part of the year. Fully half of the increase in the uninsured were middle income adults.
– for those fortunate enough to have coverage, 26.6% of those under age 65 years were enrolled in a high deductible health plan (HDHP); past research indicates many of them didn’t have enough funds set aside to cover their deductible.
For all of its warts, the Affordable Care Act will dramatically reduce the number of uninsured, covering an additional 32 million Americans.
One can – and some loyal readers certainly will – argue that this somehow ‘overstates’ the problem of uninsurance as it includes people who went without insurance for only a few days or weeks. In reality, the data show 33.9 million Americans had been without insurance for more than a year at the time of the interview – over eleven percent of the population.
Which raises a very difficult question. If the new Congress is looking to ‘repeal and replace’ the ACA, what replacement will stem the rising tide of uninsurance?
Anyone??


Nov
15

Money, politics, and workers comp

An interesting confluence of events occurred this week in the Sunshine State, one that will keep employers’ costs up while enriching politicians and physician dispensers.
First, the Florida Legislature was going to meet and vote on a measure to override Gov. Crist’s veto of a law that closed a loophole in the state laws that allowed physicians dispensing drugs to workers comp patients to receive reimbursement much higher than the same drugs dispensed by a retail pharmacy.
Crist’s veto shot down a bill that had been passed unanimously by the Florida Senate and House – that’s right, not a single dissenting vote.
Then, seemingly overnight, the veto override was taken off the table; the new agenda for tomorrow’s meeting makes not mention of the WC Rx override.
According to an observer in Tallahassee;
Senate President-designate Mike Haridopolos and House Speaker-designate Dean Cannon dropped two suddenly contentious bills from their veto override list after objections from Gov.-elect Rick Scott and GOP donors.
The other measure [under consideration for a veto override vote] would have imposed new restrictions on doctors’ repackaging of prescriptions and would have lowered workers’ comp costs for the state and private companies.
But Automated Healthcare Solutions, a Miramar company headed by two South Florida doctors, supported the veto and spent $1 million on political committees headed by Haridopolos, R-Merritt Island, and Cannon, R-Orlando, this summer.
[emphasis added]”
(Yes, this is the same AHCS that is suing the author of this blog for defamation and various other sins.)
From another article:
Automated Healthcare Solutions, a Miramar company headed by a pair of doctors, Paul Zimmerman and Gerald Glass, steered $605,000 to the [Republican] party [emphasis added] after also helping finance some of the primary’s fiercest attacks on McCollum.
The doctors, who played a central role in fighting legislation supported by [Florida CFO and gubernatorial candidate Alex] Sink that would have reduced the cost of prescription drugs in workers’ compensation cases – a measure vetoed by Crist — donated $1 million through companies they lead to political spending committees controlled by incoming legislative leaders Sen. Mike Haridopolos, R-Merritt Island, and Rep. Dean Cannon, R-Winter Park.”
Which leads me to wonder, how powerful is the almighty dollar in politics? Is the removal of the comp drug bill coincidental, or is it possible that Haridopolos, an avowed friend of business, is somehow able to see the merits of a business model that has reportedly cost Florida’s employers $34 million?
If I didn’t have such deep faith in our politicians, I might even think Haridopolos set aside his pro-business theology for a few hundred thousand bucks.
What does this mean for you?
How much money is there in physician dispensing?
Millions. And more millions.
Enough to enable firms interested in and profiting from physician dispensing to contribute hundreds of thousands of dollars to politicians, dollars that may – or may not – affect legislative agendas.


Nov
12

HWR is up

Heather Kelley of the Robert Wood Johnson organization is this week’s host for HWR, and her ed is a fast read. Thanks Heather!


Nov
12

The work comp conference – more buzz…

Here in no particular order is what I can recall (and am allowed to post) from the last couple days at the comp conference.
First off, more activity, more smiles, more enthusiasm than I’ve seen in several years at the show. Things are looking up for payers and vendors, and that’s a welcome change from the past.

The Linked-In roundtable was big fun – some good controversy, a fair amount of not-heated-nonetheless-blunt discussion of TPA motivations, case management outcomes, the negative influences of the soft market, the travails of the claims adjuster, and how to assess outcomes/what to measure.
A few axes were ground and oxen gored, and if you missed the last hour or so when there was a very direct discussion of the unintended consequences and inherent conflict-of-interest in the current managed care fee structure and commission/marketing fee/kickback ‘system’ that’s too bad.
It was the first time I’ve seen a blunt and open discussion of the fundamental problem with managed care in workers comp – the more services delivered, and the higher the bills for those services, the more money the managed care vendors – and the payers splitting fees, sharing percentage-of-savings, earning commissions – make.
Why?
Exam Works was a big presence on the floor with a horde of young, shiny, physically attractive sales folks eager to discuss the benefits of working with what appears to be an amalgamation of mom-and-pop peer review and IME companies. I didn’t get it.
Mitchell and Ingenix staff were there, cohabiting in the same booth, and talking together with prospects and clients. A couple current clients I spoke with are going to transition to the new Mitchell bil review platform, a couple others are going to do a market check to see what else is out there. It is far too early to know how this is going to settle out; we’ll keep watching.
Several VC types were circulating, talking to and about prospects and deals and looking for the next big thing. More to come on this front, perhaps sooner than later.
Much discussion around the Coventry booth about the impact of Ken Loffredo’s departure. Ken is well known in the business, has more relationships than you can count, and leaves a big hole. How they’re going to fill that hole is the subject of much speculation.
Pat Sullivan’s new venture is WorkCompWire, a family-run business looking to provide news and other services on line to the community. He’s working it hard, and it is good to see another effort to get more information to the work comp community.
And finally, I’d be remiss if I didn’t tip the hat to CompPartners. Their hospitality suite had the finest collection of red wines I’ve ever had the pleasure of seeing at a conference; it was great to see old colleagues doing well – and having a lot of fun. John Swan can sing and play guitar, and Steve Huntington’s knowledge of Napa reds is, well, impressive.


Nov
11

The buzz from the comp conference

There’s a lot more happening in Vegas than we can discuss here, as many of my conversations yesterday started with the words “you can’t write about this”.
Alas.
There was much discussion about Texas and the demise of the voluntary networks on the first of the year. While PBMs have been working thus for over a year, other vendors are only now becoming aware of the implications.
While the Certified networks will continue, most of the work comp medical care doesnt flow thru them. Payers have long relied on an assortment of broad-based generalist PPOs, specialty networks and PBMs to help reduce medical expense. Come 1/1/11, those vendors are out of business.
Word is employers are livid, as are several powerful members of the Texas legislature who are none too pleased with work comp Commissioner Bordelon. The Commissioner is in a very tough spot as the interpretation of the enabling legislation sunsetting the voluntary networks is pretty straightforward.
Word of a couple of deals is circulating on the floor; one’s big – quite big, and the other not. No word on timing of the announcement but both will likely occur.
I’ve been asked a dozen times about the current status of AHCS’ suit against me. Here’s the update.
Our lawyers met last week to set the discovery and process schedule. More on that when I catch up with my attorneys – who are very very good, thank you.
I can’t reveal our legal strategy but suffice it to say we (me, supporters, and our attorneys) are not cowed by AHCS or their bullying tactics.
And yes, there is a legal defense fund in the works; expect an announcement soon.
I’d be remiss if I didn’t offer a big ‘thank you’ to all the folks who voiced their support and offered help. I’ll need both if we are going to successfully expose AHCS and their business practices.
More to come…


Nov
10

At the comp conference…

And getting ready for the annual re-connect, see-who’s-where, find-out-what’s-new, separate-the-fluff-from-the-real confab.
Before diving into the meetings, presentations, and exhibit hall, here’s the first impression.
Mark Walls’ Work Comp Analysis Group is more than a presence here; Mark has done an impressive job putting together what has to be the largest collection of work comp people in the country. The various get-togethers, meet-ups, social events and roundtables arising out of the WCAG are a testament to the power of social networking.
I’m speaking on the impact of health reform (and related outside influences) on workers comp later today – the quick take is very little direct impact, but the indirect impact will be diverse and widespread, affecting everything from pharmacy costs to medical treatment expense to physician fee schedules to cost shifting behavior to information flows.
More later…


Nov
9

What’s driving California’s comp costs

I has the honor of co-presenting with CWCI’s Alex Swedlow at the Casualty Actuary Society’s annual meeting this morning. Alex shared the results of CWCI’s latest research into California’s work comp system, and in particular the impact of Schedule II narcotics.
Some of the news was pretty frightening – and some was encouraging.
For example, the percentage of drug dollars from repackaged drugs dropped by 95% after the loophole was closed in early 2007. Repacks cost two to four time more than the same script purchased at a retail pharmacy, so this was good news indeed for comp payers.
Sticking with the positives, CWCI’s analysis indicated the reforms drove don system costs by $13 – 25 billion between 2005 and 2008. Unfortunately costs have once again resumed their upward trend, driven in part by pharma, which now accounts for 13% of work comp medical costs in California.
Notably, dollars spent on potent Schedule II narcotics grew by 414% from 2005 to Q2 2009 while the number of scripts jumped by over 500%.
CWCI analyzed the impact of these drugs on claim costs, and found a strong correlation between increasing levels of Schedule II payments and adverse effects on injured worker recovery. Swedlow reported claimants that received the highest narcotic dosage levels had 200% higher medical costs than claimants receiving lower dosages.
My bet is the majority of the problem is due to the inappropriate prescribing habits of relatively few physicians. And I’d give odds.
What does this mean for you?
Reviewed your CA drug cost and utilization reports recently?