Jan
2

What’s up for 2011 – predictions for work comp in the Next Year

This always seems like a good idea in January, looks like a not-well-thought-thru idea in July, and by December morphs into a well-it-coulda-been-worse idea.
But I’ve got a short memory, so here goes – in no particular order, predictions for the comp world in 2011.
1. Business will pick up – a lot. Hiring numbers are up, there’s considerable growth in high-frequency areas like logistics, construction, and health care, and frequency itself is trending higher. What’s been a looooong, cold winter in the work comp world is getting much brighter.
2. We’ll see several new comp writers enter the market – as things pick up, the capital that has been parked, waiting for a better, more promising opportunity, will start coming into comp, providing increased underwriting capacity in selected markets. I don’t see this as a flood, but more as selective entrance into specific markets.
3. Sedgwick will continue to snap up TPA operations, supply-chain pieces, and managed care vendors as it expands its leadership position. And there will be plenty from which to select, as a few TPAs are just barely holding on.
4. The exploding growth of opioid usage in narcotics in comp will become even more prominent, with several states seeking ways to attack the issue via regulation – or even legislation. NCCI and CWCI have done excellent work identifying the problem, now it’s time for regulators to give payers the tools they need to really impact overuse of opioids.
5. Obesity’s impact on work comp costs will gain more attention, as additional research will show significantly higher costs, longer disability durations, and lower RTW rates for the obese and morbidly obese. Employers will get tougher on new hires and existing employees alike, requiring both to meet and maintain body mass standards to get – and stay – hired.
6. Congress will not solve the Medicare physician reimbursement conundrum, choosing instead to kick the ever-growing deficit into 2012. As all comp provider fee schedules save one (California, for now) are based on Medicare’s RBRVS, there will be no change forced on states due to political possibilities in Washington.
7. Hospital and facility costs, both inpatient and out, are going to get a lot more attention in payers’ C suites. Look for a lot more action on the part of big payers and self-insured employers as they seek to hold the line on cost increases driven by declining discounts and exploding utilization; action that will take the form of network shopping, intensive specialty bill review, and, for the smarter and more data-driven payers, more assertive direction to lower cost facilities.
8. We’ll see more litigation around ‘silent PPOs’ in more states. As providers learn more about the layering/stacking/combining of multiple PPOs, more will decide to litigate, driven in part by the success of other efforts in states such as Illinois and Louisiana. This will be driven – in large part – by the legislative/judicial environment in specific jurisdictions, and in equal measure by outraged providers angry that they are giving discounts to patients who just happened to stumble into their practices.
I’ve saved the two biggest for last.
9. Social media is going to make its presence felt broadly and deeply in comp, in ways obvious and not, good and bad – The time-to-implementation for new and better ways of doing things, quick vetting of new ideas, and dissemination of best practices and alerts about new dangers/problems in the work comp world are all accelerating/improving as more and more of us use the myriad social networking tools. From the start of ‘social media’ in comp – which was probably marked by the publication of Workers Comp Insider more than seven years ago (!!) , through the explosive growth of Mark Walls’ Work Comp Analysis Group on LinkedIn, to Facebook, Twitter, photosharing sites and user groups, there are now dozens of ways to share, send, find, and uncover information that – back a mere eight years ago – was either never going to be found, or would have taken days if not weeks of digging, or was outright impossible to get without convening a few thousand WC pros in a room and asking them to respond to a question.
This is a powerful force for efficiency, a terrific tool for claims and underwriting and medical management and planning. It is also one fraught with danger – the danger of believing everything you read on the Internet just because it agrees with your mindset; the risk of taking action based on unsubstantiated rumors, the potential for privacy violation, and perhaps most common, the risk of embarrassment that comes from passing on ‘information’ to others before vetting it yourself (especially MCM’s annual April Fool’s posts…)
10. The impact of health reform on workers comp will happen in ways mostly subtle. The industry was served notice late last year of just how much reform is going to affect comp when Humana announced it was buying Concentra, the largest provider of primary occ injury care in the nation – for reasons completely unrelated to work comp. We can expect to see:
– consolidation in the health plan industry as size becomes even more important
– more vigorous enforcement of anti-trust regulations that may well block some of these deals
– providers getting increasingly hard-nosed in negotiations with comp networks
– changes to fee schedules as RBRVS changes flow thru the system
– changes in provider practice patterns and utilization as physicians adapt to reform initiatives
And, equally likely, not see other effects early on because they are very subtle and we aren’t even able to track them until they become blindingly obvious.
There you have it. What to watch for, where I think things are heading and what the impact will be. As sure as I am that I’m correct on a few/some of these, I’m just as sure there are some big ones I missed completely, and others I predicted that won’t happen at all.
But January always brings out the optimist in me!
Here’s to your New Year – may your positive predictions come true, and your negative ones not.


Dec
30

The rumors about Progressive and Stone River are true. Sort of.

For a couple weeks now there’s been a rumor that PBM Progressive Medical is acquiring third party biller Stone River.
There is a grain of truth in this.
In reality Stone Point Capital is acquiring Progressive which will operate as an independent company, reporting up thru a holding company structure to be called Progressive Enterprises. PE will include Stone River.
A highly placed source indicated current Progressive Chairman Dave Bianconi will remain with PE and has invested in the company. I’m betting Dave has a somewhat much greater ability to do that – or will when the deal closes. Dave is very well regarded in the comp world and well liked by all. I may be a bit biased as Dave is a friend as well, so I’m happy for him personally, as well as the rest of the Progressive folks.
As to how this will be perceived in the market, that’s a very good question. SR is not well liked by most payers. It remains to be seen if the new alliance will help Progressive add market share, a task that has been somewhat daunting of late for the 24-year old company.
The official announcement will be released tomorrow; like most it’s pretty obtuse and lacks any substantive details.


Dec
30

How’d those 2010 predictions turn out?

So, how’d my predictions for 2010 turn out?
Well, I won’t e jumping for joy – or out any windows either.
Here’s what I predicted back in January for 2010, and a (mostly) objective assessment of the accuracy thereof.
1. Acquisitions will accelerate.
IntraCorp, SRS, Sedgwick, Bunch, York Claims, CS Stars, and Concentra were among the WC entities bought or ‘recapitalized’ in 2010 – a significant increase in both the number and size of deals over 2009.
Have to score this one as ‘correct’
2. Coventry (the big Coventry, not the WC entity) will be acquired.
OK, I predicted this last year (and the year before) and was wrong (or more generously premature) – again.
This one – wrong.
3. The basis for WC Drug fee schedules will start to move away from AWP.
This was a ‘gimme’; AWP was supposed to disappear in early 2011, leaving regulators and legislators little choice but to move to another metric. The announcement of AWP’s demise was premature as Medispan announced its intention to keep publishing AWP for the foreseeable future.
Wrong again.
4. (Some/Many) WC physician fee schedules will change significantly
Some fee schedules did change when Medicare’s RBRVS was altered, but the failure of Congress to act on a more permanent fix meant the changes were not significant.
Have to score this as another wrong. This is getting painful.
5. The WC insurance market will harden, bringing more business to case management, UR, bill review, and network vendors.
Twelve months ago I said “As the economy recovers and the jobs picture brightens, hiring will pick up and so will the raw number of injuries as well as frequency. That, along with rising medical expense, is the ‘cost-side’ driver. The ‘supply side’ of insurance is somewhat cloudier, as there still appears to be excess capacity…”
There’s some evidence the comp market is hardening (as opposed to softening) but is by no means ‘hard’. There is certainly evidence that hiring has picked up and anecdotal reports that so have first reports and claimants seen at occ med centers. But – bill volume remains down and – likely due to internalization of CM and UR at many payers, external CM and UR volumes are not increasing.
Looks like a push.
6. The rise of the Medical Director
Last year I said “I’d expect to see the ‘market’ for assertive, data-driven Medical Directors heat up considerably in 2010.”
Definitely a ‘correct” (and about time!). Broadspire’s Jake Lazarovic has played a major role in the company’s new network strategy as well as their DME ‘formulary’. David Deitz at Liberty continues to be one of the most influential medical leaders in comp. And at least three other payers have hired or are looking for MDs that fit the definition.
This isn’t to say there is a market-wide trend, but rather a growing recognition of the need for smart, data-driven clinical leadership in comp.
7. Drug costs will return to the fore.
A yes. Drug costs are once again rising at near double rates, execs are concerned, and the focus on opioids is both very welcome and long overdue.
8. Florida’s attempt to redo facility fee schedules will continue to plod along
Yes – without much progress. The three member panel just published their latest thoughts on facility fee schedules, and payers still seem unconcerned.
9. TPAs will continue to try to make up lost margin by internalizing managed care services.
A definite yes. Led by Sedgwick, most TPAs have pushed hard to grow their internal bill review, case management, and UR functions, taking business away from their vendors while increasing the TPA’s top – and bottom – lines.
Here’s the final score:
Correct – 5
Wrong – 3
Push – 1


Dec
27

The top work comp stories of 2010

A lot happened in the work comp world in 2010 – here are the top issues discussed here on MCM.
Mergers, acquisitions, and buyouts
This has been a very busy year for the financial folks. OneCall Medical, Intracorp, Sedgwick, SRS, Concentra, and CS Stars were all bought/acquired/recapitalized in 2010, and there may have been a couple more if the tax treatment of these deals had changed in 2011. More on what 2011 may bring in my annual predictions post later.
Opioids in work comp
WCRI, NCCI, CWCI – pretty much everyone who’s anyone in work comp research highlighted the growing problem of opioid usage in workers comp this year. California saw a five-plus-times growth in the use of opioids, and other states were equally challenged. One can only hope that all the attention will force states, payers, providers, and employers to take major steps to attack the overuse of opioids.
Federalizing workers comp
This gets the award for ‘non-story that refuses to die’. The ongoing game of whack-a-mole continued throughout 2010, as any junior legislative aide who mentioned-in-passing workers comp became ‘NEWS’ to those who saw evidence of nefarious plans by the national gubmint to take over workers comp. This started with inclusion of coverage for one condition in one town in one state in the reform bill, continued with the Baca bill (introduced for the umpteenth time and tabled for the umpteenth time), and now comes the 9/11 responders bill as yet more evidence of the ‘drive to Federalize’. (Jon Gelman is a very well respected attorney and effective advocate for workers’ rights, but his decade-plus long effort to reveal this ‘Federalization’ appears to be a classic case of finding links where there are none.
PPO litigation
The Louisiana appellate court’s ruling against Coventry was notable not only for the amount of the penalty/fine -$262 million – but because it negated, or more precisely subordinated, provider – PPO contract terms to onerous statutory notice requirements.
This marks yet another assault on the work comp PPO business, and follows several successful ‘silent PPO’ suits in Illinois.
Most Bizarre Story of 2010
Finally, the winner of the ‘Most Bizarre Story of 2010’ has to be new Florida GovernorRick Scott’s claim he will cut Florida work comp costs by 35%. I guess the guv likes a challenge; before he even got into office he convinced the State Senate to keep employers’ costs $34 million higher.

This is the same Rick Scott who received over $275,000 from AHCS (and affiliates), the Florida physician dispensing company that played a major role in forcing Florida employers to keep paying $34 million more for work comp drugs. According to the Workers Compensation Research Institute, physician dispensed drugs are the main reason Florida’s prescription drug costs were 38% higher than a 16-state average.
And the gravy train is still running; Green Solar, an affiliate of AHCS donated $25 grand to Scott’s inaugural…
Next – recapping my predictions for 2010.


Dec
23

Signing off…

MCM will be off the virtual air till after Christmas, when I’ll revisit my predictions for 2010 and make a few for 2011.
We’re in Maine for Christmas, where it’s snowing and beautiful.
Have a wonderful weekend.


Dec
21

Benefits in the New Year

The second edition of the ‘Benefits Package’ is up at Evan Falchuk’s SeeFirst blog.
It’s a quick synopsis of some pretty good thinking on what’s up and why.


Dec
20

Sedgwick to acquire SRS from the Hartford

In an announcement a few minutes ago, Third Party Administrator (TPA) Sedgwick announced it will be buying SRS from the Hartford for $278 million in cash, with the deal scheduled to close early next year.
That’s a nice multiple over 2009 revenues of $230 million, and sources indicate this will be a clean deal, with the Hartford cutting ties completely post-closing.
SRS, like many TPAs, was hit hard by the soft market then slammed again by the recession, events that reduced market demand for TPA services while reducing claims volumes for those self-insured employers that remained. TPAs typically get paid based on claim volume, so this double hit has been tough for the entire industry.
Including private-equity-owned Sedgwick, which has some pretty lofty top line growth goals. The company has been working hard to increase revenues both organically (quoting very competitive prices for administrative services) and via acquisition (most recently of Factual Photo).
The release had this statement from Sedgwick CEO Dave North – “Sedgwick CMS and SRS share remarkably similar philosophies on issues of quality and accountability for client results. We look forward to bringing these two exceptional organizations together for the benefit of our customers, industry partners and company colleagues.”
I’m reasonably familiar with both organizations and don’t see the similarities Mr North does. Or perhaps more accurately I don’t see them as very similar organizations.
Sedgwick has been quite aggressive in pursuing new business and has done so at least in part through aggressive pricing. Their scale may well contribute to that strategy, but there’s a big variable cost component to the TPA business – you have to have so many adjusters to handle so many claims. SRS has been somewhat less successful in acquiring new business over the last few years, choosing to hold the line on company policies and, as much as possible, on pricing
In the Work Comp Analysis Group roundtable at the Vegas Comp Conference, SRS CEO Joe Boures stated that SRS does not take commissions or share in revenue from their managed care vendors in any way, shape, or form. I applauded Joe at the time, and do so again. That’s not to say that vendors sharing revenue or paying commissions or fees to TPAs is inherently unethical or immoral – in fact it’s a way of doing business for many TPAs. This stance may well have contributed to the Hartford’s decision to sell SRS, as the numbers may have been a bit bleak of late.
I don’t know Sedgwick’s policy re vendor commissions or revenue sharing; that’s something current SRS customers may want to discuss with their account execs.


Dec
20

The Texas work comp PBM rules are up

For those who were following with bated breath the efforts of many to forestall the end of PBMs in Texas, Friday brought official confirmation of the rumors that we reported last week: the Division of Workers Comp published emergency regs [opens pdf of actual rules] that:
– make the Attorney General’s opinion moot;
enable PBMs to operate in Texas after 1/1/11; and
– call on the legislature to pass a permanent fix.
So, on 1/1/11, PBMs can continue operating just as they do today.
Hallalooya.
Here’s the key language from DWC’s memo [opens pdf]:
“The rule amendments may remain in effect for a maximum of 180 days if renewed.
The adopted amendments permit insurance carriers to continue to reimburse prescription drugs dispensed on or after January 1, 2011 at rates either above or below the fees determined by the Division’s fee guideline using written contracts between insurance carriers and pharmacies or their processing agents, if applicable.”
I’m waiting for guidance on the 180 day issue: you’ll know when I do.


Dec
17

An exhausting week – that didn’t have to be.

The week is almost over, and none too soon for your faithful reporter. In addition to new client work, deliverables for current clients, and trying to keep MCM up to date, we’ve also been dealing with the Texas…situation.
Word is we’ll get an emergency regulation today from the Division of Workers Comp that will allow PBMs to continue to operate after January first.
Let’s hope so.
While that’s welcome news rumor, we’re still stuck with the demise of other ‘voluntary networks that provide big cost savings for DME, home health, imaging, physical therapy and other services – services that together account for far more of the work comp medical dollar than drugs do.
In retrospect, we can all learn a lot from what happened in Texas – much of the problem that consumed far too much time from for far too many people was due to the unintended consequences of what can only be described as poorly worded legislation.
It is very tempting to put this behind us and get back to the other gazillion priorities that were shoved to the side while we were working our collective butts off to get this resolved. But before we do, lets reflect on lessons learned.
1. get in front of these issues early.
2. build coalitions by educating politically powerful forces about the potential adverse consequences of legislation/regulation.
3. listen when others come to you with similar scenarios, and think thru what it means for you, your operations, and your ‘customers’.
4. realize that no matter what you do or how much you prepare, there are going to be times when the stuff is going to hit the fan – be calm, have a plan, communicate, and persist.
Now I’m going to tackle the ‘real work’ that’s sitting on my desk.


Dec
16

Rumors of a solution to Texas’ PBM problem

I’m reluctant to post this. There have been so many false starts and so much confusion around the issue of PBMs’ status in Texas that the latest ‘news’ sounds too good to be true.
I have heard from two credible sources that Texas’ Department of Work Comp will file emergency regulations permitting PBMs to continue operating until legislation addressing the issue around their status is passed in the next legislative session.
Unless DWC – or another entity intervenes, as of now – 7 am in Phoenix – PBMs will be out of business in Texas after 1/1/11 – they are considered ‘involuntary networks (well, at least they ‘appear’ to be considered involuntary networks, but some disagree…) which cannot operate after the first of the year.
While some are saying involuntary networks should continue as legislation will retroactively permit their operation, that’s a very – very – high stakes gamble – loss of license plus a $25 grand per day fine for transgressors.
For more on the history click here.