Mar
3

It’s WCRI Time!

It’s just a couple weeks before WCRI’s annual meeting…in Phoenix’ warm and sunny clime. Register here – and do it now as this always fills up.

Unlike other events, attendees are mostly senior management leaders and the like; lots of expertise and experience all in one place makes for a very productive couple of days…

I caught up with WCRI’s John Ruser PhD and Andrew Kenneally to get their take on some of the topics…

MCM – Dr Autor – The implementation of the Biden administration’s IRA, infrastructure, CHIPS and other legislation is ramping up; where does Dr Autor see the direct and indirect impacts of this legislation on workforce, employment, and compensation?
JR – Dr Autor is a great speaker, and has won prestigious awards including one of the top prizes in labor economics, the Sherwin Rosen award. He is going to take a longer-run view, discussing the evolution of work.  Dr Autor will be talking about how tech and AI will affect the future of work and the way work is done.  One question to be addressed: “is tech substituting for (replacing) or supplementing workers?”

MCM – The medical inflation topic is top of mind for many…what will Dr Fomenko and Dr Yang be addressing?
They will be building on work they’ve done in the past on the design of fee schedules and WCRI’s own price indices to show how inflation manifests itself and how system features can serve to control medical inflation. The focus will be on medical payments, provider prices and the impact of fee schedules.

MCM – Very happy to see climate change on the agenda; what drove WCRI’s decision to give this topic the stage?
JR – Clearly we are seeing the impacts of climate change in the form of stronger storms, hurricanes and rainfall, these and others are affecting workers comp. This session is a no brainer as the direct impacts are pretty obvious.

MCM – Physical Medicine is has been somewhat of a concern for payers as costs are trending slightly upward along with utilization. What are some of the drivers of this increase?
JR – Drs Wang and Mueller will look across states and at factors that are associated with the extended use of physical medicine beyond guideline “limits”. They will identify some factors that are associated with extended physical medicine; some obvious like severity and others less so – such as whether there are multiple providers of physical medicine services and issues around coordination of those services.

JR -Finally, we are really pleased at the mix of our own research and panel discussions with a diverse group of stakeholders (unions, providers and employers, regulators and insurers), all of whom bring deep expertise to the discussion.


Mar
1

Trigger warning…

I love reading CWCI’s Bulletins – even if they make me want to tear my hair out and scream.

The latest from the brilliant analysts in Oakland is an update on 3 unnecessary-and-wildly expensive-drugs-with-no-purpose-other-than-Hoovering-millions-out-of-employers-and-taxpayers’-pockets… these three drugs account for 2% of anti-inflammatory scripts and almost half of anti-inflammatory drug costs.

I wrote about fenoprofen calcium two years ago…

these meds aren’t wonder drugs that grow hair while curing low back pain and strengthening joints and rejuvenating shoulder cartilage…they are similar to aspirin, ibuprofen, and naproxen.

OK, here’s how the scheme works.

Neither drug [Fenoprofen calcium and Ketoprofen] is on the California workers comp drug fee schedule, so employers and taxpayers have to pay 83% of the “average wholesale price”. AWP is a number made up by the drugs’ manufacturers, and can be anything they want it to be.

So, some smart schemers figured out that they could make a shipload of money by a) jacking up the price of a drug that costs pennies to make, and b) convincing a few docs to prescribe it to workers’ comp patients.

The latest from CWCI shows that things have gotten worse...
  • Profiteers increased fenoprofen calcium’s reimbursement from $192 in 2016 to $1,479 five years later.
  • in four years, ketoprofen went from $107 – $1,073 –   a 1000% increase in four years.
  • another drug – etanercept – went from $1,930 in 2012 to $7,716 in 2021.

So…what are you going to do about this?  Wait, this is the first you’ve heard about it?  Well, THIS IS NOT NEW NEWS.

CWCI first reported this two years ago.

WCRI did the same months ago.

What does this mean for you?

You have a fiduciary duty to stop this.

If you have ignored this to date, you should be embarrassed, ashamed, humiliated and

  1. Get a report from your payer/PBM about your spend on these three drugs over each of the last three  years.
  2. Find out what’s been done – or attempted – to address this.
  3. If you – the payer – haven’t done your part, do not blame anyone else.
  4. Regardless…
    1. Identify the docs prescribing this stuff.
    2. Kick them out of your MPN.
    3. Require prior auth for these meds.
    4. Work with your PBM – it probably has an on-the-shelf plan – but do NOT just dump it on the PBM and tell it to fix the problem.
  5. Put a process in place to make sure you are on top of this stuff long before it hits some blog.

Oh, and the CWCI bulletin identifies a bunch of other drugs that are – at best – questionable.


Feb
15

Workers’ comp > all other healthcare payers. Period.

and here’s why.

Work comp payers actually care about the patients recovery, return to functionality, ability, and productivity. Work comp HAS to…screwing up recovery = huge financial penalties in the form of claims that last forever, really costly settlements, and migraine-level headaches for all involved.

Whereas in group/individual health, Medicare and Medicaid (mostly), functionality is – at best, and then only rarely – an afterthought.

side note – if you think about it, how dumb is it that 99% of healthcare payers don’t really care whether the $4.2 trillion they spend on healthcare actually improves lives, helps patients stay active, supports functionality, and helps us live the lives we want to live?

answer – dumb as a box of rocks

WCRI’s latest in a never-ending stream of excellent research brought me back to this...researchers examined patient-reported functional outcomes after low-back pain, a far-too-common and sometimes really problematic diagnosis. [report is free to WCRI members and a nominal cost to non-members].

The research compared WC outcomes to those of other payers…and:

  • included patients covered by all types of payers,
  • totaled some 2.4 million patients (!),
  • covered almost 1.3 million PT/OT episodes of care, and
  • used patient-reported functional status specific to the low back pain issue (as captured by FOTO).

The researchers obviously put a LOT of thought into selecting the measure…they describe the process and rationale in detail in the report (ppg. 15 – 19).

credit WCRI

While it is important indeed to consider that workers’ comp patients’ reported functional improvements were not as high as some other payers – and we  need to understand why – that’s secondary to the fact that work comp’s primary focus – return to functionality – is way different from other payers’.

With extremely rare exceptions, no other payers focus on functionality, and almost none do across all patients with all conditions.

Kudos to Sebastian Negrusa, Vennela Thumula, Randall Lea, and Te-Chun Liu for their excellent work.

What does this mean for you?

Work comp gets beat up a lot…this is why – in one extremely important way -workers’ comp is superior to all other payers. 


Feb
13

After 10 days away from the keyboard – family vacation in Mexico and gravel bike race in California – it’s back at it.

shockingly the world kept turning while I was unplugged…

The estimable Charles Gaba has just updated his analysis of US healthcare coverage by payer. Charles’ work is the best I’ve encountered to date…he includes everything from Medicare and Medicaid to Exchange programs to Healthcare Sharing ministries (between 865,000 and 1.5 million, Indian Health Services (2.6 million)…

Here’s the all-in-one view…

Despite all  those gazillions of people with insurance, many hospitals are having real/awful/terrible financial problems. Hospitals’ average margin – according to Kaufman Hall – was -3.4% for the first 11 months of 2022.

That said, things steadily improved during the year…

In the tiny world that is workers’ comp, NCCI released its review of medical inflation…among non-hospital providers (docs, PTs, etc).

Thanks to the good work of Raji Chadarevian and David Colon, we know medical inflation among these providers was…minimal.

As in 1.5% per year over the last decade.

Final note. Facility costs are increasing.

Most payers are doing a really crappy job addressing this; their bill review partners/operations are woefully ill-equipped to ensure your dollars aren’t being Hoovered up by healthcare systems and hospitals.

And yes “most payers”includes you.

To date those increases have been matched by a $2 billion decline in drug spending – which, by the way, has also reduced claim durations (way lower opioid usage = way more claim resolutions).

Physician costs are pretty much flat, drug costs are way down, and facility costs are headed up…net is you need to PLEASE stop catastrophizing about “severity increases” and other nonsense.

If I read one more survey or interview or discussion of workers’ comp execs afraid of “rate inadequacy” or medical inflation or some other incredibly uninformed and wrong-headed and ignorant fear mongering I’m going to call them out publicly.

Just. Stop.

 


Jan
30

LWCC’s got it going on

I was fortunate indeed to attend Louisiana Workers’ Compensation Corporation’s annual provider meeting last week. Well attended, learned a lot, really enjoyed the people and the weather was really nice too.

I was blown away by their office building.

It was gorgeous…open, airy, beautifully appointed, welcoming, spacious, high ceilings and a terrific learning center and gym…it can only be wonderful to work in and it was a delight to experience.

But what really impresses me about LWCC is their people and culture – open and constantly learning, humble and very focused on doing the right thing. Unlike many other workers comp carriers, LWCC is about as far from arrogantly self-satisfied as it could be. I’ve seen way too many payers suffer from the “if it wasn’t invented here it didn’t need to be invented” syndrome, secure in the incontrovertible truth that they alone are the BEST.

They of course won’t listen or read this…why waste the time when you’re entirely sure you can’t learn anything from anyone? Especially not a single state carrier in a not-big state solely focused on a single line…

They might learn…if their customers take them down a notch or several, challenge them to compare their processes and outcomes using objective criteria, call them out on their arrogance.

It is clear that senior management really cares about LWCC’s people and are totally committed to doing the right thing. They listen hard and carefully, and respond to what they hear. And it shows; the passion and commitment to doing the right thing by every injured worker and every policyholder was front-and-center, evident in every LWCC person there.

They invest in marketing – which is really, really good. A cogent, really well-designed branding strategy designed to link LWCC to its home state, fresh and engaging graphics, a commitment to telling their stories, a leader who really understands marketing – which is NOT proposal writing, powerpoint editing, or letter writing. It is branding, content, design, strategy, pricing, research, community relations and more.

I don’t know of any other workers’ comp entity that does it as well.

What does this mean for you?

Most of the biggest payers in workers comp can learn a LOT from LWCC. 

 


Jan
26

CMS just reported US healthcare spending topped $4.3 trillion in 2021…almost $13,000 per person.

Meanwhile work comp medical spend for 2021 was likely around $32.5 billion…or 0.74% of US healthcare spend.

Government accounts for about 2/3 of total spend, among private employers Amazon has more health plan participants than any other company…

chart courtesy Mark Farrah and Associates

Old friends and colleagues Adam Fowler and Kevin Tribout’s latest edition of the Policy Guys podcast is up here. Honored to be part of the pod, especially with such distinguished hosts!

Off to Baton Rouge to get together with my friends at LWCC – looking forward to great food and better people.

 

 


Jan
18

Why hospital costs are going up

Because they can.

Healthcare  – and more specifically facility-based healthcare – is a very mature industry and – with one huge exception – exhibits all the hallmarks of such…continued widespread consolidation, shuttering of marginal locations and elimination of unprofitable business lines and centralization of core services.

The “huge exception” is margin compression and price reduction. When any other sector matures, competition becomes fierce and prices come down.

Not so in healthcare, where pricing is opaque at best, and more often opportunistic if not downright predatory.

Over the last 70 years, the percentage of hospitals in health systems has grown by a factor of ten. Unusual indeed is the standalone facility.

That decades-long trend continued in the 2010s, although the pace slackened somewhat as there were fewer hospitals to acquire.

The net is this – most healthcare markets are pretty consolidated, which means one or two systems have pricing power.

Those systems use that power to force ever-higher reimbursement from commercial payers – and workers’ comp.

What does this mean for you?

Facility costs are going up.

 


Jan
10

Workers’ comp 2023 – what does the year hold – part 2

Yesterday the annual crawling-out-on-a-limb began, today it concludes with 5 more predictions for workers’ comp in 2023.

6. The growing impact of global warming will force changes in risk assessment, management and mitigation; technology adoption; and claims.
The predicted (heat injuries, wildfires, hurricane intensity, sea level rise) and unforeseen (atmospheric river-driven flooding, landslides, and destruction and others) changes in climate and weather will lead to more and different injuries and illnesses, higher risks for fire fighters and public safety workers, and unpredictable problems related to polluted storm water runoff, water-borne disease and perhaps invasive species.
Expect revisions to both federal and state OSHA regulations especially around heat and outside workers along with calls for better planning to prepare for severe weather events.

7. Payers and perhaps regulators will make significant efforts to address rising facility costs.
As for-profit healthcare systems look to pad record profits and not-for-profits seek to survive, payers will be looking for better cost control answers than simply doing more of the same stuff they’ve been doing for the last two decades. Network discounts (NOT THE SAME AS SAVINGS) are declining as facilities wise up to most payers’ lackadaisical/ineffective attempts at employee direction and unsophisticated contracting strategies.
Smarter payers will deploy multiple payment integrity layers  – both pre- and post-payment. All should demand more – much more – from their bill review vendors/technology suppliers, all of whom have long refused to entertain the thought that they could do better – much better.

8. Premiums will increase – mostly late in the year.
As infrastructure, green energy, re-shoring of chip manufacturing and EV incentives ramp up in the fall so will employment. While there’s disagreement among economists (yeah, who woulda thought??) expect big hiring in categories from archeologists and bridge builders to wireless broadband construction workers.  Manufacturing, heavy construction, trades, logistics will all be hiring…as these tend to be higher frequency (more claims than average) and higher severity (claims are more severe and costly) this means higher premiums and more claims.

Good news indeed for my friends in Cincinnati!

Oh, and mark me down for one who does not see a significant recession in our near future.  I know, I’m no economist (who disagree a lot about this) but hiring is too strong, these major investments are on the horizon, and inflation is coming under control  – all indications that a “soft landing” is more likely than not.

9. SB1127 – aka the CAFE Act (California Attorney Full Employment Act) will cause heartburn and consternation among Golden State employers and tax payers.
SB1127 shortens the time period for employers to determine the compensability of claims, a change which will lead to – among other problems – more initial denials and less time for injured workers to receive medical care while their employer researches the claim. Further, AB1127 appears to allow for penalties of up to $50,000 for claims that are “unreasonably rejected” by the employer – but the bill a) doesn’t define what constitutes an “unreasonable rejection” and b) doesn’t exclude claims that are already closed.

Expect attorneys to look for the Golden Ticket case – one that they think will establish precedence – and pursue it like a starving person at a Vegas buffet (or Cafe’).

There’s good news too…I don’t see much else on the regulatory horizon that is cause for concern.

10. More consolidation among payers and service providers.

Despite a major drop-off in financial investors’ interest in work comp, we’ll see  more consolidation as “strategics” aka TPAs and service providers acquire smaller TPAs and service providers. This is classic mature industry…scale is key, significant growth will mostly be driven by acquiring competitors or companies in complementary or related service and margins are in peril.

The bad news is 2023 prices will likely be a good deal less than in the recent past. Fewer potential buyers, less interest from PE firms, and a growing recognition that workers comp is a declining business (what took these people so long to see this?!) are all contributors.

What does this mean for you?

Prepare for climate change and more employment in higher frequency and severity sectors, and make your bill review company get its act together.


Jan
5

2022 Predictions for workers’ comp – How’d I do part 2

Yesterday we dug into my prescience – or lack thereof – as laid out in my first 5 predictions about workers’ comp in 2022.

Today, it’s the second 5.

6. With one or two exceptions, don’t expect much in the way of private equity investments.

There may be one or two large transactions, and a couple small ones, but outside of that, the bloom on the workers’ comp rose appears to be fading.

Verdict – True.

Enlyte’s sale didn’t happen; sources indicate the price offered didn’t hit the level its owners needed for the big bonuses to kick in. Not good for the employees with options…

Other efforts – MTI America and Medata among them – also didn’t result in sales, while TRISTAR bought Risico and Carisk acquired Advanced Claim Review Specialists – both deals make a lot of sense strategically. There were a few other, smaller transactions, but nothing like what we saw 5+years back.

Oh, and the deals that did happen were NOT PE firm acquisitions, rather strategic investments by other companies in the space.

Adding to that is the reduction in the number of firms interested in workers’ comp services…unlike the halcyon days a few years ago, there are far fewer PE firms focusing on work comp.

7. OneCall will be sold and/or split up. 

The BlackRock and KKR entities that are the current owners are not operators; they are debt owners. CEO Tom Warsop has squeezed out all the squeezable costs – and then some. Growth – defined as new business from new customers – is not happening. Add the overall drag on work comp services from the still-real drop-off in claims and claims services, and the reasons to hold on and hope are few indeed.

Plus, if interest rates increase – which is a distinct possibility – and if private equity interest in workers’ comp continues to diminish from it’s current modest level – also a distinct possibility – OCCM’s owners may well decide to sell soon rather than watch values decline.

Verdict – Nope. OCCM continues to soldier on, although Sedgwick’s move to internalize those services and the continued structural decline in claims frequency make the future uncertain at best.

8. COVID’s impact on costs and rates will prove to be minimal.

COVID claims are cheap, few are anywhere close to catastrophic cost levels, the effect of presumption laws and regulations is not much of an effect at all, and many employers – especially health systems – are forcing employees to use PTO rather than file for WC when they test positive/have symptoms.

Most research organizations and actuaries would do well to reflect how their early predictions were so…bad.

Helpful hint – two places to start; a) the tendency for WC “experts” to catastrophize and b) the almost-complete lack of understanding of healthcare drivers, costs, cost structures, reimbursement, and epidemiology.

Verdict – True.

All the credible research indicates COVID hasn’t been expensive – if anything claims are less costly than non-COVID claims.

9. There will be no big issues in workers’ comp. “Big” defined as important, needle-moving, disruptive, revolutionary.

No, medical marijuana is NOT a big issue – neither is COVID, or presumption, or the mid-term elections (there is ZERO interest in workers’ comp on the federal level) or remote work (does anyone seriously believe office workers tripping over toys will amount to any real dollars?)

Oh, and with rates at all time lows, frequency continuing to drop, and medical costs (with the exception of physical therapy and facilities) flat, coupled with ongoing supply chain and labor market issues, execs at big employers are (justifiably) completely uninterested in workers’ comp.

If the big girls and boys don’t see any issues, there aren’t any.

Verdict – True.

While some pundits/erstwhile “experts” would have you think medical marijuana, COVID, employment, or other issues even more tangential are going to be big issues, reality is there are no big issues in workers comp – save the decades-long drop in claims frequency.

10. Here’s the kicker – the biggest long-term concern for workers’ comp is global warming...yet this is getting zero attention.

There’s going to be an inevitable increase in issues related to heat, flooding, fires, drought, tornados and hurricanes. This is getting more real every day yet remains all-but-ignored by pundits, policy-makers  and rate-makers.  We can expect more heat-related claims. Hurricanes, fires, and tornados will increase in number and severity; affecting logistics, labor, construction, and claims. The research is clear.

Verdict – True.

Yep this is going to be a controversial finding, especially among the human-driven climate change deniers (and other flat-earthers).

Storms are getting more severe, heat-associated “injuries” increasing, and other major weather events (tornadoes, massive blizzards, deep cold snaps) are happening more often and with more intensity.

The verdict.

I got 8 correct, one flat-out wrong, and one is TBD.  


Jan
4

2022 Predictions for workers’ comp – How’d I do?

Proving I never learn, we return to score how I did on my 2022 predictions for workers’ comp…

a sneak peek inside Health Strategy Associates’ intergalactic HQ as the analytical team finalizes its prediction algorithm

today we’ll look at the first 5.

  1. Prediction – The soft market will continue.
    Carriers are still over-reserved, rates are still too high (see the opioid hangover), capital is still flowing into workers comp (gotta love that looooong tail), and employment growth may continue to be modest (low wage workers have discovered that working at crappy jobs isn’t always a have-to, especially when child care is unavailable and unaffordable).
    On the other side, wage growth will likely continue (thus partially mitigating the above drivers) as more employers finally figure out that people aren’t interested in crappy jobs for crappy wages.
    Caveat – towards the end of 2022 we may well see a bit of tightening as construction, infrastructure, green energy and other initiatives start up and get operational.
    Verdict – True. The most recent reporting from NCCI has the combined ratio at 87.2% – a clear indication that rates remain too high, and it’s a sure bet reserves are as well. The same report says “NCCI expects premium to decrease in 2022 by 7.5%, on average…”
    That, dear reader, is proof positive the soft market continued…
  2. TPAs will add more business, mostly from carriers.
    As work comp continues to shrink, insurers will ramp up efforts to shed assets and expenses to reduce their cost structure. By outsourcing claims, carriers are trading the high fixed costs of a claims infrastructure for the variable cost of a per-claim admin fee.
    The smarter carriers will negotiate hard so they don’t get screwed by medical management and other non-fixed fees…but many carriers aren’t that smart.
    Verdict – True.
     Gallagher Bassett is now handling the vast majority if not all of AIG’s WC claims. Other TPAs – Tristar, Broadspire and Sedgwick among them – added carrier business as well.
  3. Insurers will reduce staff, particularly in claims.
    Well, of course. see #2 above. However, TPAs will look to add claims staff, so experienced, well-trained claims folks will be highly sought-after.
    Verdict – True
    . AGI slashed staff – but GB hired many.
  4. IF total medical costs go up – and I doubt they will  – the increase will be marginal.
    Yeah, I know there’s lots of press and punditry about work comp medical costs aka “severity” increasing – and most of it is flat out wrong.
    Verdict – no conclusive data available yet.
     It’s too early to tell.
  5. That said, facility and therapy costs will go up.
    Mostly because a) Medicare is increasing reimbursement for therapy which trickles down to work comp fee schedules, and b) some healthcare systems and for-profit entities (looking at you, HCA, especially in Florida) have figured out how to bust open the work comp piggy bank.
    Verdict – True
    anecdotal reports of higher facility costs abound, as does news of higher costs for physical medicine (PT, OT, and chiro). I will come back to this after NCCI’s annual meeting in May to finalize the verdict.

Tomorrow – the other half.