Insight, analysis & opinion from Joe Paduda

Nov
18

the comp conference – first impression

before I even hit the floor (exhibit, that is), it became evident that the big thing this year is…MSAs!
Really.
For those of us who were under the impression that the Medicare set-aside business had peaked some time ago, it looks like a lot of folks were reading the tea leaves differently. With “a lot” defined as seventeen.
There are no fewer than 17 vendors that list MSAs (of something very close to that) in the conference guidebook. Most sell other services as well, a few specialize in MSAs, and there are a couple law firms that do the legal work part of the MSA process.
With that much competition, it’s pretty apparent the MSA business is fast becoming commoditized, with prices likely falling rapidly. Sources indicate Coventry has been hit hard, and ha recently shut down an MSA office, laid off some of the staff, and transferred the remaining work to another Coventry location. This may well be an astute decision as competing in a commodity market is not a good long term tactic for any but the most focused, and Coventry’s attention is clearly elsewhere.
For those just entering the fray, get efficient quickly, deliver great customer service, don’t overpromise or commit to things you don’t control (eg acceptance by CMS) and communicate well and often with adjusters. And be prepared for shrinking margins.


Nov
18

Off to Vegas!

The annual gathering of the tribes is happening, in Las Vegas this year, as the National Workers Comp and Disability Conference opens this evening.
Here’s what I’ll be looking for.
1. any palpable evidence of outcomes-based physician networks – or any networks that do not have large, yellow-pages-sized directories of physicians who are selected based on their ability to fog a mirror and give a discount below fee schedule or U&C. Coventry talked about such a network at their annual client meeting in Naples, but it has yet to make an appearance.
2. the next big thing – a few years ago it was emergency preparedness and recovery, then pharmacy management, then imaging and workflow, then brand spanking new networks. What will it be this year? outsourced claims? medical tourism for orthopedic surgery?
3. which company will get the award for most blatantly misogynistic marketing? Will it be cheerleaders, women in skintight superhero costumes, or shoeshine ladies? Don’t these vendors know that many risk managers are female? that more than a few companies are woman-owned and/or run?
4. will the private equity companies once again be wandering the halls, buttonholing entrepreneurs and grilling booth staff on performance, competitors, and new customers and products?
5. will we hear the same old stuff about return to work, teaming case managers with adjusters, safety and loss prevention or will there be something new and fresh?
Any bets?


Nov
17

Cavalcade of Risk – post election

This two week-post-election edition of the Cavalcade of Risk combines a bit of prognostication about the directional impact of the political winds, a lot about the economy and impact thereof, and a few posts that manage to be both topical and intriguing-ly random.
upfront disclaimer – somehow I managed to offer to host CoR in the middle of the annual workers comp conference – an incredibly poor decision on my part as this is a rather busy time for your author. That’s my excuse for the brevity of this edition. But, hey, it’s a quick read!
First, here’s Julie Ferguson’s contribution – warning, it addresses the burning question – what to do if you own a bar and the bartender’s nude?
We’ll begin with health-related submissions, and no better way to kick off the CoR (and over the ant hill) than with Bob Laszewski’s post on the failure of the free market in health insurance. Bob’s oservation is straight forward – since HillaryCare went up in flames, the free market had fifteen years to prove itself. It failed miserably. No excuses and no whining.
What’s next? Louise takes Bob’s logic another step with her contribution, wherein she makes the case for allowing individuals to ‘buy in’ to Medicare.
Maggie and Niko of Health Beat follow up with a discussion of the possibility of a dramatic restructuring of physician compensation – shifting more dollars to primary care and away from specialists.
Nancy Germond from D&B (corporate bloggers are coming!) contributes her views on the likely implications of a Blue Washington.
I have a somewhat different perspective; my take is there will indeed be health reform, although it will not be in a single massive bill.
Economist Jason Shafrin reveals one of the many obstacles to meaningful health reform – patient pressure as docs who actually use decision support systems find that patients feel, well, that this makes them less ‘physicianly’.
Khan contributes a post on an issue of concern to those of us with older progeny; Health Insurance Options for Students.
Long-time contributor and pharma expert David Williams is of the opinion that big pharma may be preparing to shoot itself in the foot. Alvaro Fernandez continues our brief sojourn into the world of pharma – his post details the new sleep therapy – and it isn’t a pill.
Henry Stern, LUTCF, CBC informs us about what happens when politicians go too far in expanding programs – and it isn’t anything good.
In the non-health-related world, LAL believes the next meltdown will be in auto debt, pointing out that the average car loan is about $25k..
A very well done review of the current liquidity crisis and how it impacts the financial environment is up at VoxEU. The
http://www.workerscompinsider.com/archives/000963.html
Onto the property and casualty insurance world…
Eric Turkewitz has done a masterful job researching a key liability issue, personal injury due to President Bush’s Dog Biting a White House Reporter (Can Bush Be Sued?).
Jon Coppelman somehow draws a link between frozen embryos and workers comp. Really.
Workers Compensation expert James Moore reports on some interesting developments in West Virginia’s Workers Comp program, and a state-run but commercially insured risk pool for problem industries.


Nov
17

When health insurance…isn’t

Friday’s New York Times had an excellent piece about the major changes occurring in the type of policies gaining traction in the group health insurance market – consumer-directed health plans with high deductibles. According to the NYT’s Milt Freudenheim, more than a hundred large companies, including Nissan and Delta Airlines are now offering one plan – a high deductible one. The corporate types interviewed for the article claimed their employers had changed from other options to the single high-deductible one because
While Nissan and Delta are contributing to the deductible account, they are the exception rather than the rule. Only a quarter of employee HSA accounts actually have any funds in them. If, or more accurately when, the worker or a family member gets care, they will have to pay for that care with post-tax funds from their regular cash flow – if not, it likely goes on the credit card, where it not only is paid with post-tax dollars, but it may well add to the family’s debt burden.
Although consumer-directed health plans have struggled to gain traction, it looks like we can expect more and more employers to adopt them – gaining a significant reduction in costs in the first year, with some, albeit unconvincing, evidence of slightly lower costs in subsequent years. I’d note that the evidence is rather thin, and the cost savings may well be due more to adverse selection (healthier folks choose HSA plans when they have a choice, with their less-healthy coworkers sticking with HMO or other richer plans).
While I’d like to believe the benefits folks from Nissan and Delta are doing this to encourage better spending habits and healthy behaviors, the real reason they’re dumping their richer plans is cost. Both companies have been and will likely continue to be hammered by the recession, high energy costs, and declining demand. Health care plans cost $13,000 per family – it’s no wonder employers are switching to lower cost alternatives.
No, companies changing to consumer-directed health plans are doing it to cut costs. But they may well find their efforts backfire.
The underpinnings of CDHPs lie in the economic theory of “Moral Hazard.” Journalist-author Malcolm Gladwell describes this as the belief that “insurance can change the behavior of the person being insured” and notes that it is popular among many economists and think-tank types and, consequently, has been influential in shaping health care delivery systems. The idea is that if insurance covers the bills, people are more likely to seek care and run up unnecessary costs.
The Moral Hazard theory falls short when confronted by the rather uncomfortable reality of actually having health care services rendered to one’s own person. Why would anyone want to subject themselves to surgery or hospitalization if there were an option to avoid it and just go fishing instead?
But on the surface, the concept makes some sense. Most people would be careful about getting an MRI if they knew they had to foot the bill, but perhaps too careful. People will not simply avoid discretionary care; they will avoid necessary care, as several studies indicate. One Rand Corporation study concludes that when individuals are required to pay more for prescription drugs, they don’t take them as they should. This leads to nasty physical and financial problems, such as more strokes, which cause lots of pain and cost lots of money to fix when a few blood-pressure pills might have sufficed. As far as drug copays go, increasing consumers’ costs actually drives up total medical expenses. It’s not a great leap to think individuals with high deductibles will likely wait before scheduling an appointment with their physician to see if a problem just goes away on its own. In a time when the Centers for Disease Control describe diabetes as “a runaway train,” is it economically wise to foster measures that discourage preventive care?
The coup de gras for CDHP is its old nemesis, the real world. CDHP’s fatal flaw is that the “consumer” part is directed at the wrong people. Half of U.S. health care costs are spent on five percent of the population. A deductible has little impact on the purchasing behavior of these folks; they’ll blow through a few thousand bucks in a couple of months
Conversely, over two-thirds of Americans spend less than a thousand dollars a year on health care. The only effect a high deductible will have on these folks is to discourage the use of preventive care.
Consumerism is not all bad – health care shouldn’t be “free” for anyone. Requiring people to share in the cost of their care should be a part of any serious reform effort. The fix for CDHP is relatively simple – get rid of high deductibles, which are unaffordable for many and may well discourage preventive care, and replace them with coinsurance per service to ensure patients have some financial skin in the game. Insurance companies should keep an income-indexed out-of pocket-maximum, while covering preventive services and maintenance medications at very low copays to encourage their use.
I”d add that employers really interested in reducing costs over the long term do have another alternative – buy a CDHP plan, and then fund the deductibles. One company has saved their clients significant dollars with this hybrid approach.


Nov
14

WCRI – Practice pattern variations in workers comp

Once again the fall is here, which means it is time for the Workers Compensation Research Institute’s annual meeting (today and tomorrow in Boston) and the National Workers Comp and Disability meeting (next week in Las Vegas).
Today’s kickoff began with a review of how the system has evolved since the WCRI’s inception in 1983. Peter Barth PhD began with the historical perspective.
A presentation on worker outcomes and variation in medical treatment patterns by Dr Sharon Belton indicated there were significant variations in the treatment patterns for back injuries across states. Dr Belton suggested that the design of the work comp system may be what is affecting both treatment patterns and outcomes. That sparked a question from your author regarding the potential impact of external factors unrelated to workers comp, such as practice pattern variation that have been documented in the Dartmouth Atlas. With workers comp accounting for less than 2% of national medical costs in a system dominated by Medicare, Medicaid, and private payers, the other, larger payers are likely to have more impact on treatment patterns than work comp.
Responding to my question and a similar one from Peter Rousmaniere, Dr Rick Victor, Executive Director of WCRI, said the Institute has looked into this. Although they are not ready to publish the results, Dr Victor said words to the effect that, when looking at state level data, there is almost no correlation between practice pattern variation as documented in the Dartmouth Atlas and workers comp back surgery rates. The (possible) implication is that reimbursement and other workers comp system idiosyncrasies are causing physicians to vary their treatment patterns.
My sense Is the degree of interstate variation is a result of the aggregate of local medical treatment patterns. What I’d really like to know is does the back surgery rate for workers comp mirror that reported in the Dartmouth Atlas. One example of this variation is this: The back surgery rate in Miami is less than one-fifth the rate in southwest Florida.
Historically there is solid evidence illustrating the impact of compensation and reimbursement on practice patterns; the treatment of insured v uninsured patients at hospitals is but one example. The real question is this: “is the variation among/between states as important or significant as the intrastate variation?”


Nov
14

WCRI – best presentation award goes to…

Perhaps the most insightful presentation of the entire WCRI conference was this morning’s session, where Dr Kathryn Mueller of the University of Colorado gave a detailed summary of the current, rather pathetic (my word not her’s) state of the medical care delivery system, population health, and the health care financing system. Dr Mueller’s central contention (and one with which I wholeheartedly agree) is that health reform is coming, and with it will come fundamental changes in the way health care is delivered, the virtual ‘location’ delivering that care, and the evaluation of care.
And this is going to dramatically affect workers comp.
Dr Mueller noted that today health care is delivered episode by episode; diagnosis, care plan, treatment, assessment, and repeat steps 2-4 until the situation is resolved (again, my summary of episodic care, not her’s). Her view is that this episodic model of care will change to one based on functional outcome management – care focused on returning the patient to functionality, and maintaining that functionality.
This will be in large part driven by the growing influence of chronic care and need to develop a better care model to address chronic care, one that will heavily emphasize patient education and monitoring. It will also require a different ‘location’ of care – more on that in a minute.
Where the mainstream, i.e. non-workers compensation health care delivery system has not been focused on function or outcomes, these issues have been central to workers comp. Dr Mueller observed that physicians are not trained to deal with functional recovery, and don’t take this rather significant issue into consideration when treating patients.
As my kids would say, ‘True that’.
She also believes, with reason, that most high cost claims are not medically catastrophic, but rather are chronic, high cost cases due to the management of the case. (see Bernacki JOEM 2007 July).
Think about this. While there are undoubtedly really horrible injuries – significant third degree burns over a large part of the body, crushing injuries, multiple trauma, some of the more potent blood-borne disorders caused by needle sticks – most of the high cost claims are not ‘high cost’ due to the medical condition itself, but because we in the workers comp industry just don’t manage medical well.
Dr Mueller sees the medical home model as a big part of the solution in workers compensation, as the medical home will be the dominant model for delivery of care throughout the health system in years to come. Studies indicate the home decreases medical errors and improves the quality of care delivered. Notably, the medical home model is NOT a primary-care gatekeeper model – but rather a model wherein the physician is tasked with and responsible for coordinating care and educating the patient.
One other takeaway from Dr Mueller’s talk. She noted that “provider networks are not necessarily medical homes”; to date, provider networks have been based on changing/reducing fees, and have not been based on “quality”.
Amen.


Nov
14

HWR is up!

Louise has put a lot of effort into this week’s edition of HWR, and it shows. Really shows.
Her thoughtful analysis of each post makes for a cohesive, coherent whole – definitely greater than the sum of the parts.


Nov
13

WCRI wrapup

WCRI’s annual meeting concluded with a panel discussion reviewing the previous day and a half.
Following up on Dr Mueller’s excellent presentation about the coming changes in the health care system, Keith Bateman noted that while guidelines may help increase consistency, a percentage of providers won’t follow guidelines because they are just in it for the money. Bateman is right; I’d add the rather obvious observation that guidelines help payers, judges, and analysts determine which providers are ‘good’. That is, who treats consistent with best practices. I’d suggest that this may actually be the most important benefit of guidelines.
There was discussion earlier in the conference re the influence of fee schedules on utilization of health care services; Bateman said utilization is driven by claimants but also by payers themselves, for without treatment there is no claim.
Scarlette Gardner Esq. spoke about provider networks saying that the perception is the larger the network the more savings due to the network’s market share. She did note that there is some research indicating networks do not actually result in lower costs. Gardner said in fact physicians actually view networks as an intrusion and evidence that payers don’t trust them. Networks want lower reimbursement for what are usually higher cost patients, with costs defined as more work for the provider.
Makes sense to me.
It got worse for networks from there. Gardner noted that the ‘medical home’ can deliver better outcomes, and this model requires good communication among all parties yet networks have removed the payer from a direct relationship with the provider. The doc rarely answers to the insurer, but rather to the managed care vendor. She concluded by asserting that there is some evidence suggesting that the impact of discounted networks may include lower fees, but these fee reductions are overcome by increased utilization.
She summed up with a few words lauding fee schedules as one way to manage reimbursement. Her point was that fees in work comp should be fair in that work comp reimbursement should be competitive with other payers – the same services should be reimbursed at the same rates regardless of who is the payer.
I’d note that Ms Gardner works for the North Carolina Medical Society. Nonetheless I’d have to say her points are well worth considering.
Darrell Demoss of Medrisk made two excellent points. DeMoss noted that sometimes we err when we think that something is common because it is easy to think of examples of that ‘thing’ occurring. Specifically DeMoss says this happens when payers apply UR to providers, and gave as an example UR for physical therapy. The law requires payers to review all requests for more than six PT visits in Tennessee. I agree with DeMoss, The technique is not wrong, the application of the technique is just not appropriate in this instance.
Managed care as differently defined and applied in the fifty-one plus jurisdictions can be a blunt instrument – at best. The impact of networks – big, discount based, compendia of every live and some dead docs – has been of questionable value. Mandatory UR, and its opposite, the refusal to consider any utilization review, are both problematic. One drives up admin expense while the other makes it very hard to eliminate inappropriate care.
Note – this was posted via an iPhone, which although really cool, doesn’t allow me to use some features of the blogging software. I’ll clean it up later.


Nov
13

WCRI – Medical costs are up because solutions don’t work

Dave North, CEO of Sedgwick CMS was one of the morning panelists. He began with a rather strong statement about workers comp, a statement that was also an indictment of the industry’s complete inability to manage medical – the fact that medical costs have increased 892% over the last 25 years.
North’s presentation reviewed the history of medical management, evolution of managed care, and changes in regulations that have occurred over the last 25 years and then made a few suggestion about hat the comp industry should focus on over the next ten years. North said that despite changes in society, business, and medical care, the types of injuries we see today are similar to the injuries we say 25 years ago.
He made two particularly trenchant observations. First, the unintended consequences of regulations. Specifically, North noted that when the CA pharmacy fee schedule was changed several years ago, it had the unintended consequence of increasing costs – specifically, the repackaging of drugs and dispensing by physicians and clinics at much higher rates due to a loophole in the regulations.
Second, North stated (this is close but probably not word for word) “Discounted networks have underperformed and will someday be regarded as first generation, primitive efforts to address costs.”
Agreed. The question is, when will the industry stop decrying the problem, studying potential solutions and implementing tiny pilots and launch ‘second generation’, outcomes based networks?


Nov
12

Report from the WCRI annual meeting – comp is not on the national agenda

today marks the start of the annual Workers Compensation Research Institute in Boston. Um going to put up a couple of lengthy – but still well worth reading in their entirety – posts on today’s presentations later this evening. For now, an initial observation.
Several of this afternoons panelists talked about the future, in the context if trends we should watch for and cost drivers we should be on guard against.
Dr Peter Barth led off the conference with a grey review of the history of work comp in the US. Dr Barth warned that worker comp may be included in any health reform initiative. He also noted that comp was part of the Clinton reform initiative.
With all due respect, for several reasons I very much doubt comp will be directly impacted by or addressed in any health reform bill. First, any politician with half a brain (which I grant may not include everyone in DC) knows that the way to get a bill passed is to get more supporters than detractors. It is going to be difficult at best to pass health reform legislation; adding comp to any bill would not add any support but would almost certainly drive work comp stakeholders to lobby against the bill. There’s just no upside for including comp in health reform.
Second, nowhere do the words ‘workers compensation’ or similar terms appear in President Elect Obama’s website, policy papers on health reform, or in the several speeches he has made on the subject.
Third, comp is not mentioned in the Wyden/Bennett Healthy Americans Act or any of the other reform bills considered in this Congressional session. These may be thought of as drafts of future bills; if policymakers were actively considering incorporating work comp it is likely we’d have seen it appear in one or more of these bills.
What does this mean for you?
Don’t expect to see work comp addresses in reform legislation on the Federal level.


Joe Paduda is the principal of Health Strategy Associates

SUBSCRIBE BY EMAIL

SEARCH THIS SITE

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.

 

DISCLAIMER

© Joe Paduda 2025. We encourage links to any material on this page. Fair use excerpts of material written by Joe Paduda may be used with attribution to Joe Paduda, Managed Care Matters.

Note: Some material on this page may be excerpted from other sources. In such cases, copyright is retained by the respective authors of those sources.

ARCHIVES

Archives

error: Content is protected !!