Insight, analysis & opinion from Joe Paduda

Apr
28

FDA move to hit workers comp hard

In one of those all-but-unnoticed moves that could have a dramatic effect on workers comp, the FDA has moved to ban a number of currently-dispensed pain medications, medications that are currently prescribed to many work comp claimants.
These aren’t the wildly expensive, oft-abused drugs like Actiq and Fentora, rather the list includes many old stand-bys, drugs that have long been used to manage chronic and acute pain. The list covers drugs “that include high concentrate morphine sulfate oral solutions and immediate release tablets containing morphine sulfate, hydromorphone or oxycodone.” The FDA’s concern appears to be that these drugs were in use before the current approval process became mandatory. The “Agency has serious concerns that drugs marketed without required FDA approval may not meet modern standards for safety, effectiveness, quality, and labeling.”
George Rontiris, PharmD and partner at Titan Pharmacy in New York gave me the heads’ up. George has been a strong advocate for injured workers for years; he’s one of the good guys. Here’s his take:
“There will be some manufacturers still able to make some of these drugs. The majority will be gone. This has already created huge shortages. A bottle of Oxycodone 30 mg that we used to be able to buy for $5.14 per bottle of 100 is now up to $ 39.50.
The so called increase in price due to a lack of supply is just the tip of the problem. Many of the people who have been handling their pain with these cheap generics, now cannot find them anywhere. The alternative that their doctors have come up with is switching them to other forms of medication, and unfortunately the ones that they go for are very expensive.
Our dispensing of Oxycontin (both brand and generic) has exploded. Worse yet is the explosion of Opana and Opana Er that we have been dispensing. I have even had the Endo Lab Opana Reps come into the the pharmacy 3 times telling me that they have been detailing all the MD’s about the “availability” of Opana since there is a National shortage of Roxicodone and other generic narcotics. And of course, the MD’s are eating it up.
Our wholesaler’s bill for the past two months has been up over 15% of what it usually is, and when we went over our ordering, it was clearly because of all the Opana Er, Oxycontin and Avinza that we have been forced to order.
We have been also getting hit with non-control generic problems. For example, Nitoglycerin tablets (put under tongue when a heart attack is happening) were $ 2.08 per 100, and are now $ 13.45. Toprol Xl 50mg generic which used to cost us $ 28.99 is now $84.95 . These are huge difference.”
What does this mean for you?
Mr Rontiris’ experience bodes ill for the work comp industry. The loss of these drugs will certainly drive up costs, may lead to adverse events as patients try other medications to replace their now-banned drugs, and may make it harder for patients to get medications.


Apr
27

Texas’ silent PPO legislation

As the biennial Texas legislative session nears its end, it looks like the legislature may pass a bill that would have a dramatic effect on workers comp PPO networks.
According to WorkCompCentral (subscription required):
“HB 223 would regulate “discount brokers” that are engaged in (for money or other consideration) “disclosing or transferring a contracted discounted fee of physician or health care provider.”
A broker could not transfer a physician’s or health care provider’s contracted discounted fee or any other contractual
obligation unless the transfer is authorized by a contractual agreement that complies with the provisions of the bill.
Those provisions include notifying each physician and provider of “the identity of the payers and discount brokers authorized to access a contracted discounted fee of the physician or provider.”
The notice must be provided at least every 45 days through “electronic mail, after provision by the affected physician or health care provider of a current electronic mail address” and posting of a list on a secure Internet website.”
Now that’s a huge change, one that would effectively stop much of the rental network business cold. The dirty secret of the work comp PPO business (well, one of the dirty secrets) is that networks don’t have direct contracts with providers in all states – every ‘national’ PPO uses another network’s contracts in at least a few jurisdictions.
Docs sign contracts in return for direction – they are trading a discount for the promise of more volume. Yet few networks actually drive any significant volume to the vast majority of their contracted physicians.
We’ve been seeing a rapid rise in the volume of litigation from providers contesting reduced reimbursement due to PPO contracts, with three payer clients reporting a significant upsurge in the last twelve months.
What does this mean for yuo?
Find a better, and more sustainable, way to reduce medical expense. The days of cutting costs by slashing provider reimbursement on the basis of some flimsy network contract are rapidly ending.


Apr
27

As I’ve been reporting for several months, Congressional Democrats and the President are working hard to increase reimbursement for cognitive services by up to 10%.
This would go a long way towards fixing what is perceived to be a core problem with US health care – overly generous compensation for procedures (surgery, imaging, etc) leads to over-utilization of those procedures, while under-reimbursement for office visits and other ‘primary care’ services results in a shortage of physicians willing to do primary care.
This morning’s New York Times features a headline story about the conflict in Washington, noting that the Obama Administration is very concerned about the shortage of primary care docs. The solution being discussed in DC is to get more applications into med schools.
Wrong answer.

The ‘right’ answer is staring us in the face – there are too many specialists, physicians who have already graduated from medical school and have lots of experience and training. It would be far easier, faster, and cheaper to re-train these physicians to take on more primary care responsibilities, albeit primary care with an orientation towards their specialty. Would this be difficult, and expensive, and meet with strong resistance from those docs?
Absolutely. But on balance it would be much easier, and faster, than waiting at least eight years for the supply of primary care docs to begin to meet anticipated demand.
Compensating docs more for primary care would potentially have another effect; it might reduce the volume of procedures performed, as specialists would also benefit from the higher compensation for evaluation and management services. I wouldn’t bet too much on this, as docs – like the rest of us – won’t change dramatically overnight. That said, increasing compensation for primary care service codes (the 99xxx CPTs) would help take a bit of the sting out of reduced reimbursement for surgery etc.
What does this mean for you?
A lot.
Most network contracts are based on Medicare’s RBRVS; if the Feds change, your provider compensation will too. Think about the potential impact, and think deeply. The trickle-down will likely cause specialists to seek higher network reimbursement for two reasons – first the base from which their reimbursement (RBRVS) has declined, and second, they’ll want to make up their lost revenue from Medicare by increasing reimbursement from private payers.
Oh, and you can bet utilization is going to see a big jump, so get your data mining and evidence-based utilization review processes tuned up.


Apr
23

Drug Trends in Workers Comp

Workers comp PBM and medical services company PMSI released its annual Drug Trends Report at RIMS earlier this week. I noted a couple highlights in an earlier post; you can download a copy here.
One of the more notable findings is the increase in the rate of inflation in drug costs, this coming after several years of decreasing inflation rates. A key contributor was per-script price increases which amounted to 6.1% in 2008.
There’s lots of good information in the Report, and you can’t beat the price.
My firm will be conducting the Sixth Annual Survey of Prescription Drug Management in Workers Comp next month; this survey focuses on tools and techniques employed to manage costs as well as payer executives’ views on cost drivers and PBMs.
For the fourth consecutive year the Survey is sponsored by Cypress Care.
Send an email to infoAThealthstrategyassocDOTcom if you’d like a copy of the report.


Apr
23

AIG’s breakup is accelerating

With yesterday’s announcement that AIG is pressing forward with the creation of AIU Holdings, the move to separate the ongoing insurance operations from the rest of the AIG businesses is well on the way.
As I noted over a month ago, the AIU Holdings entity will likely be offered in an IPO, or at least a substantial minority share will be sold to the public. This just makes sense, as it allows AIG to sell a very big, profitable, solid operating unit for the best possible price.
Last year the component pieces of AIUH accounted for about $38 billion in total revenue, provided a broad range of property and casualty insurance, and operated in most countries around the world.
The separation of AIUH from related companies (e.g. International Lease Finance, United Guarantee) is taking a bit longer than the Feds or AIG board would like, but the time is needed to extricate AIU Holdings from its closely related sister companies, thereby reducing the concern about potential future liabilities thereby making the new entity more attractive to potential entities. While ILFC is a potentially very attractive asset and will likely sell for close to $10 billion, United Guaranty is a mortgage insurer...and has to be split off to allay fears among potential buyers about the real estate industry.
The announcement followed last week’s $1.9 billion sale of AIG’s auto insurance business to Farmers, a subsidiary of Zurich Insurance. The disposition of other assets is not moving very quickly – in general their value is decreasing due to decline in revenues as policyholders move to what they perceive to be more stable, safer insurance companies. Notably, AIG failed to sell some of its overseas insurance operations earlier this year, and has now decided to hold onto the units and consolidate them with other businesses.
The decision made by the Board and the Federal government back in early March to halt the firesale has proven (so far) to be the right one. This has allowed the businesses to be separated out, thereby reducing concerns on the part of buyers and potentially increasing proceeds from the sale.
That said, what will drive value will be the economy; if it grows, more insurance will be sold and investment returns will increase. If it continues to fall, so will the value of AIG’s component pieces.


Apr
22

Coventry’s bill review program – CORRECTION

In my post earlier this week that mentioned developments with Coventry’s bill review services, I incorrectly stated:
Reports are that Coventry will ‘own’ the bill review application source code and related assets as of October 1 2009; what they will do then appears to be up in the air.
Well, that’s not exactly incorrect, as Coventry will own the application after that date, but sources indicate they already own it.
The significance of the 10/1/2009 date is that It marks the day that EDS will no longer support the application. EDS has provided IT support for BR 4.0 and the previous iterations of the program for years; as of October 1 they no longer will.
Which leads rather quickly to the next question – who will?
My assumption is Coventry. However, as I’m all too familiar with what happens when you make assumptions, I’ve reached out to Coventry and asked them what their plans are.
I’m not sanguine about the chances of a response.


Apr
21

RIMS day two

Here’s the quick and dirty from Orlando.
The hall is alive with private equity and VC folks looking for the next deal. With the bloom off the MSA rose and the PBM space saturated, the money folks are hunting for niche players with great upside growth prospects. While there are a couple potential niches, there’s not anything really new and different.
Actually the MSA rose is still in bloom, and according to several of the vendors smelling sweeter than ever. The reason for their joy is the upcoming deadline for reporting future liability to CMS which vendors think will drive more volume their way. More on that issue in a later post.
A couple smart industry veterans opined that Stratacare will be used as a platform by its new owners, on which they will build a proprietary network. They will then add other ancillary service offerings as Paul Glover and his team seek to become a force in comp managed care.
The deal is slated to close at the end of April.
Glover has a wealth of experience in this space and has built solid businesses in the past. Stratacare will be a player.
More later…


Apr
21

RIMS – the first day

RIMS is in Orlando this year, a rather ironic location. The P&C insurance industry is in a bit of a fantasy world these days, with increasing reports of reserve inadequacy (anecdotal to be sure) while the soft market continues with few signs of firming pricing.
Monday was a bit of a blur; back to back meetings in the exhibit hall, interspersed with the inevitable encounters with old friends and colleagues passing on the latest news about who’s moved where and what deals are in the works.
The private equity folks are here as well, scouting for promising companies they can buy and use as a ‘platform’ to build a bigger company. There’s talk of several potential deals in the works – more on those as they develop.
The conference itself looks to be rather sparsely attended. Exhibit hall traffic is noticeably light, and few sessions are filled. This is likely due to a combination of the ‘AIG hangover’; big insurance companies are reluctant to send lots of folks to nice destinations (yes, some do think of Orlando as a ‘nice’ destination); the continuing soft market and financial impact thereof (more than a few insurers and vendors have recently laid off staff); and the lack of solid, new information delivered at the conference itself.
I’m using twitter to post brief comments/observations throughout the day – for updates sign up for my feed (Paduda). Here are a few quick takes from Monday.
The PBM world is consolidating at the top, and growing at the lower end. Some of the newer entrants are seeking to carve out niches based on clinical expertise in pain management (MyMatrixx), innovative pricing (PMOA), a focus on smaller payers (don’t use our name) or a push into the mid-tier (don’t use our name either).
There’s a lot of turmoil around Coventry Work Comp, with recent layoffs in their MSA division and in the IT support area (bill review specifically). Reports are that Coventry will ‘own’ the bill review application source code and related assets as of October 1 2009; what they will do then appears to be up in the air. While they would undoubtedly like to move all their payer clients over to BR 4.0 (their platform) from Ingenix’ PowerTrak (the system used by former Concentra clients) there is significant resistance to that move from PowerTrak users. That resistance, coupled with the expense of maintaining BR 4.0 and the recent layoff of BR support staff are clouding the crystal ball.
I’ll try once again to get a read from Coventry staff as to their strategy and direction; I don’t expect much as my repeated requests for information and dialogue have been met with silence. That’s too bad, as they have been and continue to be the dominant player in the comp managed care business, and their directional changes will dramatically impact their current – and potential – customers…


Apr
17

Workers comp bill review survey – initial highlights

I’m about half-way through the first annual Survey of Workers Compensation Bill Review, and already there are a few somewhat surprising findings. These are very preliminary, but nonetheless intriguing.
1. The range of pricing for payers using external bill review vendors is broader than I expected, even after accounting for differences in services provided and volume. The range is over four dollars per bill.
2. Payers’ views of bill review vendors are diverse, with some payers enthusiastic about a particular vendor and others disdainful.
3. A majority of respondents voiced concern about their vendor’s inability to keep up with fee schedule and regulatory changes, and the negative impact this has had on the payer.
4. Regarding the use of UCR databases, some respondents are quite concerned, while others (primarily ones who are not using the Ingenix MDR/PHCS databases) are much less concerned. All respondents are well aware of the issue.
5. Most respondents view bill review as unnecessarily complex, difficult, time-consuming and expensive. The perception is much more of the bill intake, triage, review, repricing, and transmittal processes should be automated, with far fewer bills requiring human intervention.
The survey final report will be completed in mid-May; non-respondents can request a public version of the report by sending an email to infoAThealthstrategyassocDOTcom (substitute symbols for CAPS).


Apr
16

Stratacare sold

Word in the industry is a majority interest in bill review company Stratacare has been sold to a California private equity firm. Stratacare had been in and out of the financing market for over a year, and reports are that the investment firm purchased a majority stake. Several sources report industry veteran Paul Glover is also involved in the deal.
Glover has a long history in the workers comp business, most recently concluding a stint as CEO of Interplan (which merged with the Parker Group in October of 2007). Glover then served on the board of the successor company, HealthSmart.
That’s all for now; details when they become available…


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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