Mar
8

CWCI’s Opioids in Work Comp Study – more details

Yesterday I posted on the most recent CWCI study on Opioids in the California Work Comp system, noting that fewer than a hundred docs were responsible for prescribing 42% of the narcotic spend.
If that isn’t troubling enough, in an email conversation with lead author Alex Swedlow, I learned that the top ten physicians prescribe 17% more drugs than their peers in the top one percent of prescribing docs (93 docs are in the top one percent).
And, these top ten docs prescribe 34% more morphine equivalents than the others in the top one percent.
Recall that the top one percent of docs who prescribe narcotics are already prescribing far more than the average prescriber, so the top ten are outliers to the outliers.
Is it possible these outliers to the outliers are doing the right thing? Are they just treating the sickest, most pain-ridden claimants? Doing their best to alleviate high levels of chronic pain?
Highly doubtful. It is much, much more likely that these docs, who represent a mere one-tenth of one percent of all docs who prescribed Schedule II narcotics are a major problem, massively contributing to the addiction problem, adding huge costs to the system, and doing little to help their patients. As I said last fall in a post about CWCI’s research on narcotic usage in California’s work comp system;
“CWCI analyzed the impact of these drugs on claim costs, and found a strong correlation between increasing levels of Schedule II payments and adverse effects on injured worker recovery. Swedlow reported claimants that received the highest narcotic dosage levels had 200% higher medical costs than claimants receiving lower dosages.”
An earlier study reported by Business Insurance’ Roberto Ceniceros had similar findings:
“temporary disability claimants treated with opioids average 105 paid days off in contrast to the average of 30 days, than when narcotics are not prescribed.
The preliminary findings also show that when opioids are present in a claim, there is a 322% greater likelihood for litigation, a 264% greater likelihood for lost time from work, and 38% more likely for a claim to remain open longer and incur additional costs.” [emphasis added]
Kudos to CWCI for continuing to shine a very bright light on a very ugly problem, one that should be the highest priority for PBMs, regulators, payers, and prosecutors working in California.


Mar
7

Opioids in workers comp – the prescriber problem

The Pareto Principle states that 20% of the causes generate 80% of the effects.
The Pareto Principle doesn’t apply to physicians prescribing opioids, at least not in California. It’s far worse than that.
CWCI just released a report that indicates three percent of prescribing physicians accounted for 65% of Schedule II narcotic costs.
Just as striking, the top one-tenth of the claimants receiving Schedule II narcotics got their scripts from 3.3 different docs compared to an average of 1.9 across all claims.
These expensive, potentially addictive, and physically debilitating drugs aren’t just prescribed for claimants with serious, complex injuries such as burns, multiple trauma, crushing injuries and the like. In fact, nearly half the Schedule II opioid scripts in California are for minor back injuries.
The report, by well-respected – and highly experienced researchers Alex Swedlow, John Ireland, and Greg Johnson, provides a most compelling picture of the prescribers, claimants, and conditions at the center of the explosion in narcotic usage in workers comp. As always, this isn’t a workers comp-specific issue; in fact we’re only now beginning to come to grips with a problem that has reached its tentacles into nearly every community in the nation.
Six percent of the US adult population admits to abusing prescription drugs – far outweighing the abuse of all non-prescription drugs. And a large proportion of that abuse is centered on Schedule II narcotics; while there’s been a 61% growth in use of all medications in the decade ending in 2008, the growth in Schedule IIs has been six times that at 380%, leading to more deaths from prescription drugs than illicit drug use, alcohol-induced deaths, or firearm-related deaths.
The study itself was based on an analysis of almost seventeen thousand CA WC claims incurred between January 1993 and December 2009, claims that had a total of 9,174 prescribing physicians. Remember that number…
93 physicians wrote a third of all scripts for Schedule II narcotics, scripts that accounted for 42% of narcotic dollars, or $36.6 million.
There’s a lot more information in the study by Swedlow et al, much of it equally alarming. The increase in narcotic opioid usage certainly leads to increased risk of addiction and diversion, reduced ability to return to functionality and work, higher cost, and potentially poor medical outcomes.
One of the tools necessary to control over-prescribing of Schedule II drugs is a Prescription Drug Monitoring Program. Unfortunately, the state with, arguably, the worst diversion problem in the nation – Florida – has Governor who is unable, or unwilling, to grasp the severity of the problem.
For more info on the study, click here.


Mar
7

The top three things that will affect workers comp in 2012

I did a talk last week at the National Association of Mutual Insurance Companies on the impact of reform and other factors on workers comp. It got me thinking about something a bit more specific – what’s on the horizon that’s going to affect work comp next year.
Here’s my take on three leading drivers.
Rise in the number of uninsured
We’ll see a rapid decrease in the uninsured population in 2014, but don’t expect the problem to improve until then. Employers have been reluctant to staff up, concerned that their business’ improvement may be temporary. If and when they do hire, they’re going to be reluctant to add the cost of health insurance, which is about fifteen grand per family and seven grand for individual coverage. With health plans increasing rates for groups large and small all around the country, health insurance is becoming even more unaffordable (and no, it’s not due to the health reform bill).
Couple that with the expiration of COBRA benefits that’s hitting more people every day, and the increase in the number of people with high deductible plans, many of whom have very few dollars in their HSA accounts and therefore are essentially uninsured for anything but catastrophic events, and you’ve got big problems for providers. Many of these uninsureds will still need care, which will lead to more cost shifting to soft targets – like workers comp.
Employees who have health insurance thru their employer tend to file claims more often than those who do not, but this appears to be a statistical relationship and not a causal one. However, if and when they do file, those without insurance are going to be more expensive to treat because their work comp payer has to cover all the care necessary to get them back to work, even if that care is not – strictly speaking – for the occupational injury or illness. Sure, the payer can refuse to pay for drugs to lower the claimants blood pressure enough to make it safe to do the shoulder surgery, but that would be pretty dumb.
Net is the more workers that have health insurance, the better for workers comp payers.
Running out of time this morning, so we’ll handle the other two tomorrow. They are:
The economy, and more specifically employment
As economic activity continues to trend upwards and hiring picks up, so will claims frequency.
The impact of MSAs
Pharmacy costs – and CMS’ treatment of same – are causing many payers to delay or reconsider settling claims.


Mar
3

Medical cost drivers in workers comp – the latest from NCCI

The good folks at NCCI just released a study that, among other things, compares medical cost drivers from the nineties to those earlier in the ‘oughts. [opens pdf]
The study, authored by Tonya Restrepo and Harry Shuford, indicates that the increase in utilization of medical services dropped from the nineties to the oughts, and discusses the impact of that ‘decrease in the rate of increase’. I’ll be reviewing the study in detail later today, and will flesh out the post later.
The study actually focuses on the impact of medical on indemnity severity, a comparison well worth consideration and one many managed care providers, business units, and vendors have long struggled with.
For now, here are the highlights.
The increase in severity was partially due to changes in the mix of diagnoses, which shifted somewhat over the periods studied. In fact, the diagnosis-influenced change in severity was significant, but far outweighed by the change in underlying medical and indemnity inflation.
My interpretation – albeit one based on a quick read of the report, is this.
Underlying factors – those not work-comp-specific – are very much the driving force in work comp claim cost inflation.


Mar
1

Workers comp claims systems survey – the podcast is up

Last year we completed the first annual Survey of Workers Comp Claims Systems; the report was published last fall, and Sandy Blunt’s interview with PropertyCasualty360 on the survey is now up and available.
Here are three of the highlights from Sandy’s talk with PC360 with Editor Eric Gilkey:
“One of the most significant findings was a large disconnect between the front-line staff and the executives on whether or not their current system was fully integrated with their bill review and utilization review system,” he said. “While 80 percent of front-line users were clear that there was no full integration between claims and bill/utilization review, 60 percent of executives said they were integrated.”

“Both front-line staff and executives were very clear: They want a better full integration — not pieces and parts– but a full integration and no more smoke and mirrors.”

“When we asked respondents, in their view, who was the leading claims system vendor, the number one answer was, ‘I do not know.'”


Feb
28

Social media and workers comp

A colleague posed an interesting question last week –“does the proliferation of ‘new’ blogs, newsletters, and other internet-enabled communications vehicles pose a threat to the ‘brand’ and ‘market share’ of Managed Care Matters?”
No. In fact, the pie is growing, and it’s a better pie today than it was yesterday.

The new entrants are actually helping to expand the online media ‘market’, increasing the number of users and in many cases upgrading the conversation in the process. People who – a couple years ago – would not ever have considered reading a blog or accessing an online newsletter are now on MCM and other media outlets every day, checking to see what’s going on, voicing their opinions, taking the pulse of the market and staying abreast of their competitors.
Perhaps the most notable example of the explosive growth of social media is the Work Comp Analysis Group. Managed by Safety National’s Mark Walls, the WCAG now has over 8000 members, is constantly updated, and used by all and sundry for everything from finding out what an adjuster’s appropriate case load should be to posting jobs to coordinating social events at industry conferences.
CompTime, WorkCompWire, Workers’ Comp Insider, the dozens of state-specific WC law blogs (some of which are in the blog roll over there to your right), and the myriad other publications add a lot to the discussion.
In the olden days – three? four? years ago, most got their ‘news’ from printed media, which, while professionally assembled and of usually high quality, was limited to what the reporting staff could assemble – and the editorial staff deemed worthy of publication. Today, there is a lot more ‘news’ available a lot faster than in the old days of snail mail.
With that said, the instant news cycle – and opining on same – has it’s risks and downside as well. There’s a lot to be said for professional reporters, with high standards, specific training, and great contacts, especially when they are teamed with editors who, while working to deadline, have a LOT more time – and I’d argue ability – to consider, vet, rewrite, and factcheck than most of us in the online community enjoy.
There’s absolutely a need for that professionalism, perhaps more so now than in the past as they provide a kind of oversight, an ‘adult supervision’ role, one that adds seasoning, perspective, objectivity, and thought that may not always be present in those of us in the blog-o-sphere.


Feb
24

Opioids in workers comp

An article about opioids and chronic pain featured in WorkCompCentral‘s [subscription required] professional columns section this week should be required reading for anyone involved in comp.
The explosive growth in the use of opioids among the general population, and specifically among workers comp claimants, is well-documented. When drug seeking hits the front page of USAToday, you know it’s well past the point of becoming a national disaster.
The piece, authored by Dr Steven Feinberg, provides an excellent overview of the issues inherent in managing pain with opioids – here are a few notable insights.
– there’s been a “dramatic increase in accidental deaths associated with the use of prescription opioids and also an increasing average daily morphine equivalent dose…”
– the lowest effective dose of opioids should be used along with patient agreements, random periodic and targeted urine testing
– at this time there is no clear evidence that long-term opiate therapy for chronic back pain is efficacious. (about half of work comp narcotic scripts are for claimants with back issues)
– ACOEM’s 2008 pain chapter guidelines suggest “opioids should not be used when there is no evidence they provide increased function.” Read this again – functionality is the key to prescribing, not pain.
There are a wealth of sources of information about appropriate usage of opioids freely available on the web. All the reputable ones are pretty much in agreement – for non-cancer patients, opioids may be helpful in facilitating a return to functionality, but long term usage is fraught with problems, many of them serious.
What does this mean for you?
If you don’t have a opioid strategy, now may be a good time to put one together, or ask your PBM for guidance.


Feb
21

Workers comp bill review – what should your savings be?

That’s a question I’m hearing more often these days, often one of the first voiced by payers wondering why their medical cost trends are escalating. I’m not sure that’s the right question to ask in most instances, but the answer can provide insights and direction into what’s happening with your costs, and why. For now we’ll leave aside the issues inherent in using BR savings as a ‘standard’ and focus on how- and why – vendors ‘game’ the numbers.
There are bill review benchmarks from national vendors, estimates provided by companies competing for your business, and ranges long viewed as industry standards. These ‘benchmarks’ can be gamed, inflated, distorted – and often are – but in the absence of any national public database, they’re all many have access to.
Bill review savings are reported as a percentage below the applicable fee schedule or usual and customary in non-fee schedule states. One would think this is an objective result, and therefore there should be little variation, and in an ideal world, one would be right. However, there is almost always a bit of judgment involved in determining what the ‘right’ fee schedule amount is and what state rules apply. The complexities are many, and the justifications, while often thin, are given to payers unequipped to refute the vendor’s statements.
The fact is, different vendors often deliver very different results processing identical bills from the same jurisdiction, with some showing deep reductions from applying FS and others not. Without getting bogged down in the niceties of methodologies – the ‘how’ , let’s look at the ‘why’ vendor BR savings vary.
Simply put, follow the money.
Most BR these days is priced on a flat charge per line or per bill; the days of BR fees based on a percentage of savings below billed charges are pretty much over – and good riddance. The results from my firm’s 2009 survey indicated fees run about $7-9 per bill (we’ll do another survey and publish results this summer). Most BR vendors also charge for additional ‘value-added’ services on a percentage of savings basis – typically 25% of savings delivered on top of fee schedule/UCR cuts. That’s where the…variation usually lies.
The financial motivation is obvious; the vendor gets the same fee for processing a bill whether they deliver $1 or $1000 in BR savings, but their compensation for the ‘value-added’ services is based on the savings that are delivered – the higher the ‘savings’, the greater the fees for the vendor.
Therein lies one explanation – perhaps the most significant one – for the wide variation in BR savings percentages. In my consulting practice I’ve had access to reports from several of the larger BR vendors, and the variation can be as much as 300 percent from vendor to vendor. Yes, you read that right – one vendor’s ‘bill review’ savings in a state can be three times higher than another’s.
Almost always the vendor with the lower FS savings delivers great results from ‘nurse review’, ‘complex bill review’, ‘coding edits’, ‘unbundling and upcoding review’, or whatever they call it – suffice it to say that the savings delivered from these ‘extra, value-added’ services – when added to the ‘standard’ bill review reductions – are usually only a bit higher than other vendors who don’t have all those extra, value-added add-ons.
That’s not to say that some savings can – and should – be derived from careful and professional review of bills – coding and clinical reviews are often helpful. One of my clients, FairPay Solutions, does a terrific job doing just that for facility bills in many states, delivering savings far above those provided by standard bill review. But these additional savings shouldn’t come from most – or even many – bills, and their contribution to total savings percentage should be in the single digits.
If they’re not, start asking questions and making comparisons.
What does this mean for you?
In bill review, you don’t always get what you pay for. Sometimes, you pay far too much for what you get.


Feb
18

Workers’ comp state reporting – what to do with the bus?

Good friend and colleague Bob Laszewski once used an analogy that has stuck with me -“It’s like the dog chasing the school bus; what’s it going to do if it catches it?
I’m often reminded of Bob’s aphorism when state reporting of workers comp medical information is the subject.
Several states (Texas, California, Florida, Oregon among them) require workers comp payers to send electronic files with extensive detail on all medical bills received, processed, and paid. This has created an entire industry – or more accurately, a sub-industry – of vendors specializing in providing this service for bill review companies, PBMs, and other payers who don’t want to – or can’t – do the filing themselves.
I’ll make a wild guess and estimate workers comp state reporting adds $5 – 10 million in ongoing additional admin cost to the system; much more if one adds start up costs.
What does the system – employers, injured workers, providers, payers – get for their millions? To answer that, one has to know what the various states do with the information. Texas has used the data for various studies, some of which have been useful and others less so.
I’ll have to admit I’m not entirely clear on what each and every state does, but I do wonder if all the effort is worthwhile – if the benefit to society and the stakeholders is commensurate with the cost.
I’m interested in hearing what value readers see from the work – how is state reporting benefiting the industry, premium payers, and injured workers?
Responses are welcome at infoAThealthstrategyassocDOTcom.


Feb
16

Narcotic opioids in comp – Cephalon’s role

Narcotic manufacturer Cephalon is back in the news, once again facing an investigation focused on the use of Fentora, a Schedule II narcotic, in workers comp cases.
Fentora is only FDA approved for breakthrough cancer pain – a condition quite rare in workers comp. The investigation apparently stems from allegations around Cephalon’s efforts to promote the use of Actiq(r) and Fentora(r), their highly potent narcotics for workers comp patients.
Those efforts were quite successful, estimates indicate ” in the first half of 2006 approximately 99% of the 187,076 Actiq prescriptions filled in the U.S. were not for cancer patients.”
actiq_Drug-300x300.jpg
Cephalon recently disclosed the following: “In January 2011, we received a subpoena … in connection with an investigation relating to Postal Service employees’ workers’ compensation claims. The subpoena requests that we provide to the Postal Service documents pertaining to FENTORA. We understand that this investigation is being conducted by the Postal Service in conjunction with the Civil Division of the United States Attorney’s Office in Philadelphia.” (from Cephalon’s latest SEC filing).
This latest investigation is not exactly the first instance of this type of conduct. In fact, in an earlier court ruling, the judge said “data suggested that more than 80% of patients using Actiq did not have cancer,” and “oncologists accounted for only 1% of Actiq prescriptions filled at retail pharmacies in the U.S.” [emphasis added] It is possible that oncologists are dispensing Actiq from their offices, although that’s rather difficult and complicated due to rules and regulations about storage and protection of Schedule II narcotics.
In 2007 Cephalon paid $425 million in fines and interest stemming from its promotion of off-label use of another narcotic opioid – our old nemesis Actiq, and another $6+ million to the state of Connecticut for similar reasons. They are also facing RICO (racketeering) and other charges related to allegations Cephalon’s promotion of Actiq and other drugs violated several laws.
As recently as 2008, Actiq was one of the top five drugs in workers comp measured by dollars spent for many payers; Fentora appears on most PBM’s lists of the top 25 drugs.
But it’s not just about the dollars. Actiq has been linked to dozens of deaths from overdose, including one case in Kansas where a doctor operating what can only be described as a ‘pill mill’ was indicted for involvement in fifty-six patients.
Roy Poses wrote four years ago that Cephalon had admitted Actiq was involved in the deaths of 127 people.
It is indeed possible more have died since then…
Thanks to Mike Whitely writing in this am’s WorkCompCentral for the tip.