Insight, analysis & opinion from Joe Paduda

May
23

Work comp drugs – Three things

Workers’ comp news…

After a long and litigious delay, myMatrixx has been awarded the contract to manage pharmacy benefits for the Coal and Energy programs run by the Federal Department of Labor’s Office of Workers’ Compensation Programs (OWCP). Details of the case – which involved a protest by rival PBM Optum – are here.

That’s the good news (the Feds should have had a PBM managing these programs years ago).

Now, the bad news.

The press continues to dive into the audit of the other OWCP program – the one that provides workers’ comp to all Federal employees (FECA). [audit report is free for download here]

The latest is from Leslie Small of AIS Health. [available at no cost via free trial subscription].

From Ms. Small’s piece:

  • “OWCP has been doing a poor job of both controlling the FECA programs spending on prescription drugs and implementing its own policies to ensure that prescriptions are being appropriately dispensed, said the OIG report.”
  • OWCP published a bulletin in 2011 that forbid reimbursement for fast-acting fentanyl prescriptions unless claimants had been diagnosed with a certain type of cancer…during the audit period…98.7% of the fast-acting fentanyl scripts that OWCP [and taxpayers] paid for “went to claimants without evidence of one of hte eligible cancer diagnoses” 
  • Even more troubling – if that’s possible – OWCP did not institute controls to mitigate opioid usage until the end of 2016, years after many commercial insurers, third-rate administrators, and large employees had done so…”

Here’s hoping this much-needed attention results in even-more-needed improvements.(my opinion only)

Drug costs in California are getting well deserved attention again; CWCI’s research identified 9 drugs – 3 each opioids, dermatologicals and antidepressants – that account for a significant percentage of total drug spend. CWCI members can get the full report at no cost; it’s $18 for others.

Briefly, branded anti-depressants, tapentadol/Nucynta, and the three anti-depressants make up a small percentage of scripts but a big percentage of dollars.

Of course, in the vast majority of cases the dermos are just BS drugs that should never be allowed…

What does this mean for you?

Don’t sleep on pharmacy...sure costs are down, but it still has a major influence on recovery, RTW, and claim closure.


May
22

Wildly off-topic…F-16s

Russian general when he learned about F-16s heading to Ukraine…

Вот чёрт!!

From Phillips O’Brien…

Its impossible to exaggerate the intensity with which Ukrainians from all walks of life, from the top of the state and military to civil society, were focussed on getting F-16s for the Ukrainian Air Force.

Why F-16s are critical…

  • Ukraine’s Air Force is woefully behind the times, their main fighter – the Mig-29 – has been around for 40 years and is beyond obsolete. 
  • Getting spare parts for the UAF’s Migs is getting harder and harder.
  • F-16s are very, very capable – military-speak for they can do lots of things well.
    • shoot down other planes
    • support ground operations
    • launch missiles to hit targets hundreds of miles away
    • shoot down incoming rockets and missiles
  • Unlike the Mig-29, F-16s have constantly upgraded
  • Unlike many other planes, they are relatively simple to maintain and there is a huge stockpile of spare parts

The net is there is no other single airplane that fits the bill as well as the F-16.

Okay, it’s gonna take a very long time to train Ukrainian pilots on the F-16…

Well, no.

An internal US Air Force document indicates Ukrainian pilots  – with almost no training – could execute complicated maneuvers albeit it in an F-16 simulator. Multiple sources indicate Ukrainian pilots can be flying the F-16s in combat a few months.

And…

It’s unlikely the F-16s will have much of an impact on the already-started/upcoming Ukrainian offensive, but they will play a major role in Ukraine’s likely long war.

What does this mean for you?

More good news for Ukraine, and bad days for Russian butchers.


May
18

WCRI’s new leader speaks

One of my favorite people in workers’ comp is now heading up WCRI…I connected with Ramona Tanabe who was named President and CEO. making her the third leader of this august institution.

here’s our conversation…

 

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  1. Talk about how you got into research?
    I moved to Massachusetts from Illinois and was looking for something a little different. In Illinois, I was working for a law firm that represented cities and not-for-profit organizations. We were paid with tax dollars, so I was sort of tangentially a civil servant, and I wanted to be in line with that. WCRI gave me my first opportunity to look at data. I’ve always had a love of numbers and this was an opportunity to do research that is required in workers’ compensation and different from legal work. An early project was to build a database that is still in use today at WCRI. Through this experience I gained a new understanding of how to bring diverse systems together and sing as one voice.
  2. What were some of the most rewarding research projects you led?
    Two come to mind. The first is the creation of WCRI’s claims database, which underlies everything we do. The second is CompScope™, our multistate benchmarking product, which is used to monitor state workers’ compensation systems and track the impact of reforms. It was one of the first projects I worked on at WCRI.
  3. How do you see WCRI evolving over the next few years?
    There’s an opportunity for some of the benchmarking work to grow in response to recent changes. Since the pandemic, what other things need to be measured? The behavioral health report last year was our first example of this, and it examined how much behavioral health is supported through workers’ compensation and how should it be supported through workers’ compensation, social determinants of health, globalization, and how that all fits together.
  4. What are some of the challenges doing research into topics related to workers’ comp (e.g., worker satisfaction, provider access, price comparisons)?

Worker outcomes are still on the agenda and a topic we want to revisit. In the past, we talked to injured workers via telephone interviews, but it’s hard to gather that information nowadays as people don’t answer their phones. Electronic surveys are really hard to do as well. We are being very creative and thoughtful about how we gather those data for use in outcomes studies.

Who are a couple of the individuals outside WCRI that have influenced/mentored you during your career?

It’s a diverse group that spans the industry: Art Wilcox, Maddy Bowling, Alan Pierce, Paul Matera, Shelley Boyce, Vinny Armentano. They have all helped shape the Institute. And I cannot forget my mom, Dorothy, who gives great practical advice. She never said I couldn’t do something. One of my favorite sayings of hers is, “See how high you can fly; if you aren’t scared to death it isn’t big enough.”

What do you see as your role at WCRI?

It’s about managing the context of the Institute, how it fits into the workers’ compensation world, bringing the inside and outside together within WCRI, and really putting that together so members are heard and colleagues have the tools they need to coordinate across all those areas so they can do the relevant work they are great at doing.

Final thoughts?

This is all about the injured worker. Coming to work, I sit on the train and look at all the people going to work, and they are all covered by workers’ compensation and don’t even know it.

What can the world learn from WC?
In workers’ compensation situations it is all about getting all parties to cooperate in getting things done—so many different things need to get done. Patience is important. People want instant things now, but there’s still an element of patience that is needed across the whole community.


May
15

This won’t last.

Back from the boys’ annual mountain biking trip…this one to Hurricane Utah. Great riding in a beautiful area…

Okay, at last week’s NCCI conference we learned workers’ comp insurance is earning insurers record profits…despite continued drops in claims frequency, rater reductions and pretty much flat medical spend.

Oh, and they’ve got billions more in the form of excess reserves socked away for…reasons that escape me.

For an industry that loves to catastrophize (medical marijuana!!! presumption!!! interest rates!!!  COVID!!!  WFH!!!) there’s precious little to be concerned about over the near term.

Comp insurance rates and profits are cyclical…have always been and always will be. That does NOT justify the too-high premiums employers and taxpayers are paying today…but smart industry execs should be using this flood of cash to prepare for the inevitable downturn.

That will happen when:

  • the opioid hangover ends,
  • facility costs climb,
  • and unprepared payers start calling for rate increases, increases that would be necessary only because payers failed to prepare.

This is absolutely going to happen.

Very few payers are using this time and their billions to invest, innovate, build systems, train their people and build a resilient culture.

Why take “risks” or actually work smart and hard when the balance sheet is glorious?

Nope, payers are (mostly) lazing through these halcyon days taking meetings, playing golf with erstwhile vendors, celebrating their good fortune, and leaving the future to…the future.

Here’s a few things payers should be doing…

  • building much better approaches to facility costs
  • asking their vendors what they can do better
  • building useful tech that makes front-line staff’s work easier, simpler, and most of all more rewarding
  • building a culture based on valuing (really valuing) workers
  • innovating and taking risks by trying new technology and new approaches

What does this mean for you?


May
10

Work comp is rocking.

That’s the only conclusion one could draw from this year’s NCCI State of the Line report. 

Very profitable despite declining premium rates, eye-watering pre-tax operating gains, and eight straight years of very solid profits…the corks must have been popping down in Orlando.

(wasn’t able to make the event this year…boys’ annual mountain biking trip kinda took precedence…thanks to NCCI’s Cristine Pike for keeping me in the loop!)

Details..

  • private carriers’ pretax operating gain of 25% – within an eyelash of the record year of 2018
  • loss ratio of 43%…43%!!! – the lowest in two decades.
  • combined ratio was 84%
  • lost time claim frequency dropped 4 points
  • $17 billion in excess reserves

This last is most striking as it is incontrovertible proof that premium rates are still far too high.

There are a bunch of implications that we’ll dive into in the next few days, but let’s start with the biggest one:

Why are employers and taxpayers still paying way too much for worker’s comp?

I predicted this back in 2019 – in a word, opioids.

 


May
8

Quick takes

Stuff you may not have seen/thought much about…

Good work from the Travelers...Analysis of a very large number of WC calms found:

  • watch those new workers – those with < a year on the job account for more than a third of all WC claims
  • workers >60 cost more…a whopping 1.4x more than the 18-24 year olds (but only 15% more than the 25-59 folks)
  • but…the 60+ folks don’t get injured as often.

The report is here.

kudos to the folks under the umbrella and WorkCompWire for getting the work done and news out.

you may have missed this – Texas Mutual is getting into the health insurance business.  I’ve reached out to TM and will be interviewing the new leader. I’ve a lot of thoughts about this…

  • the just-hired leader has a wealth of experience
  • standing up a new health insurance entity in a year is a very heavy lift
  • regulatory structure is quite different from WC
  • all research shows market share is the key factor in negotiating provider reimbursement, making it hard for new entrants to gain traction

Then there’s the question: “Why did legislators want TM to get into health insurance?” If they wanted to cover more people, expanding Medicaid would have been a lot faster, far less expensive, and much more impactful.

Finally, (somewhat) new WC bill review company accuro solutions acquired Splashlight...Splashlight is also in the WC BR business.  Good to see competition in an industry sector that sorely needs it.

 


May
3

It is not the price Dammit!

In work comp services, far too many buyers focus solely on the price of the service.

That’s the wrong metric..it isn’t the Price, it’s the Cost (we’ll leave aside the RoI/Value/…for more on that see this.)

Price is what you pay per unit.

Cost is the total expense that you pay.

Example…

Some PBMs are trying to buy business by offering amazing prices – as in AWP-80% for generic drugs.  Sounds great…right?

Sure, until you have to explain to your boss why drug spend went up even though your discounted price went down…

While workers comp payers have (mostly) figured out that the price of the pill is a lousy way to decide on a PBM, every now and then I get a call from a payer who’s just been offered a GREAT price from a PBM, and is either a) gleeful that they have been so smart and such a cunning negotiator; or b) panicked because their boss wants to change PBMs and the vendor manager knows it’s going to blow up.

Okay, let’s walk thru this.

The price of the pill is important, but it is only ONE part of the equation. Which is as follows:

Price per pill x number of pills per script x percentage of scripts processed in the PBM’s network.

Price per pill is determined by the definition of generic and brand, discount below AWP, brand:generic mix, and, most importantly, by the type of pills dispensed.  If a PBM does a crappy job managing the clinical aspects of the pharmacy program, you’re going to pay for far too many pills, and for the wrong kind of pills.

I’ve also read PBM contracts with quite creative definitions of “generic”…some so creative that what any normal person would say is a generic is – for price purposes – a “brand” drug.

Since brand prices are typically AWP-10-15%, a mis-categorized generic is going to be super-profitable.

Next, if the price is too good to be true, it isn’t.

A PBM cannot afford to pay for pharmacist support, bill review fees, call center costs, compliance/state reporting, IT connections and customer service if it is charging AWP-80% for what are REALLY generics.

So, it’s safe to say you’ll be paying for lots of opioids, fenoprofen, convenience kits, and other highly-questionable-if-not-downright-harmful-drugs.

But hey, at least you’re getting them for cheap!

Lets say you don’t care about the kind and volume of pills, you just want the deep discount.  Even then, you will likely find the cheap PBM delivers crappy results.  Here’s why.

PBMs that pitch really low per-pill pricing are likely using a group health-contracted pharmacy network, which leads to big-time problems with paper bills and administrative hassles for adjusters.  You may not see these costs as they are buried in bill review “savings”, and may not show up in your pharmacy report.

But they are most definitely there.

Oh, and Rule #1 in work comp services – do NOT piss off your adjusters.

Regardless, the network penetration for the cheapo PBMs tends to be pretty low compared to real WC PBMs.  There’s a bunch of reasons for that which I won’t get in to here.

What does this mean for you?

Do you want to explain to your boss why drug spend – and the combined ratio – are higher even though you got a great price from your PBM?

 


May
2

Just the facts: Medicaid and work requirements

House GOP members are pushing to add work requirements for Medicaid recipients.  This makes sense, right? They are getting taxpayer-paid benefits, and should be:

  • working or
  • looking for work or
  • in school preparing for work.

Let’s see…

First, most Medicaid recipients are totally disabled (according to Social Security), are pregnant moms or moms and new babies or are poor older folks.

Among recipients that are none of the above,

  • 3 out of 5 are already working
  • 1 out of 5 are in school or are caregivers for family members

Of the remainder, at any one time more than half not working because they are sick or disabled.

Which leaves just 7 percent of which most are:

  • retired or
  • can’t find work (often because they have no transportation).

Are there freeloaders? of course…there will ALWAYS be cheaters, like my former neighbor who owned millions of dollars of real estate and bragged about how he had great free insurance from Medicaid. (Yes I turned him in).

source KFF

Oh, and the Supreme Court has weighed in...dismissing pending appeals in cases that had found work requirement approvals unlawful. This ruling essentially confirmed lower court rulings against work requirements.

What does this mean for you?

It’s really easy for we relatively well-off, college-educated, financially-stable professionals with good jobs, internet access, cell phones and employer-paid health insurance to complain about “freeloaders”…

who are/have none of the above.

 

 


Apr
27

Drugs and worker’s comp, part 2

Yesterday we posted on top takeaways from our 18th Survey of Prescription Drug Management in Workers’ Comp.

Today, I’M responding to several readers’ questions about physician dispensing (PDD) and mail order pharmacies (twin sons of different mothers) and why they are rearing their unfathomably ugly heads once again.

Mostly because payers have pretty much neglected the issue for more than a decade. Meanwhile the profiteering dispensing industry has been contributing big dollars to politicians, coming up with new and ever-more creative ways to get around regulations, and learning how to get reimbursement from payers – one at a time.

The work comp payer industry is fat dumb and hugely profitable for insurers and some (non PBM) vendors/service entities. Why expend energy on PDD when you’re making bank, employers aren’t complaining, and claim counts are going to continue to decline?

Unfortunately, injured workers are the victims, as are employers and tax payers.

  • PDD are rarely subjected to utilization review (by the time the payer finds out a drug has been prescribed and dispensed by PDDs, it’s way too late to do anything about it.
  • PDDs may conflict with other medications, duplicate other medications, or be contra-indicated for the patient.
  • PDDs are hugely expensive – and often unnecessary or duplicative. Profit margins likely exceed 90%.

The net is payers are usually demanding PBMs “fix” the problem of PDD – instead of partnering with PBMs, employers, and other stakeholders to build and implement a long-term strategy to stop PDD.

What does this mean for you?

If you aren’t fighting the good fight, you are the problem.

 

 


Apr
26

Drugs and workers’ comp, part 1

Download the latest Survey of Prescription Drug Management in Workers’ Comp here

Key takeaways

  1. Total drug spend in workers’ comp was likely around $2.9 billion in 2021.
  2. The multi-year decline in drug spend seems to have flattened out; across all 31 respondents spend ticked up 0.82%.
  3. Opioid spend continued to drop, with 2021 figures showing a 12.5% drop over the previous year. Opioids represented 13.4% of all respondents’ pharmacy, the lowest figure in the two-decade history of this survey.
  4. Legacy opioid patients continue to be a challenge for many payers; most have adopted a “we’ll do whatever might help” approach to these patients.
  5. Physician dispensing is once again rearing its ugly head with respondents rating it the single biggest problem in workers’ compensation pharmacy after a multi-year hiatus from that august position.
  6. Payers continue to highly value PBM customer service; myMatrixx continues to lead the industry in that key category.

Media – if you’d like a much more detailed version of the report (which respondents receive) please leave a request in the comment section.


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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