Dec
15

Aetna’s work comp subsidiary has new leader

Aetna has officially named Pat Scullion to head up the Aetna Workers Compensation Access subsidiary. Scullion was formerly in a financial role at AWCA; he replaces Robyn Walsh who retired five months ago.
Scullion’s background is financial; he does have experience in workers comp from his two years at AWCA and a previous stint at First Health.
Sources indicate AWCA has been able to establish relationships with several other workers comp managed care entities, including Concentra, Ingenix, Genex, and Intracorp. The company has had more modest success in the payer sector; the Hartford is the sole insurer landed to date, although a large TPA and another payer will be moving some of their states to AWCA’s networks in the near future.
While Scullion is not a big name in the industry, his appointment will likely help AWCA reinforce its claims to be in the work comp business for the long haul.
Meanwhile, First Health’s work comp business is still without a leader. However, several sources at FH’s payer clients indicate that this may be resolved in the near future, as Coventry has several candidates under consideration.
What does this mean for you?
AWCA is working to establish itself as a worthy competitor to First Health in the network access business; for WC payers this is excellent news.


Dec
15

Third party billers and usual and customary

My post of a couple weeks ago on Third Party Billers (TPBs) generated a good bit of heat and even some light amongst interested readers. It has also caused a few payers to examine their own reimbursement policies in some detail. Caution – Most regular visitors will find this a touch too esoteric, but for interested parties nothing could be more intriguing.
Reminder – TPBs are “factors”; companies that buy workers comp scripts from retail pharmacies and try to collect from payers such as insurance companies. Seems pretty straightforward – pay a discounted price, the pharmacy gets their money quickly and then the TPB makes money on the margin between what they pay and what they collect. There are a few nuances and twists that make this a lot more complicated, and therefore a lot more frustrating for payers.
In about half the states, there is a fee schedule mandated by the state government which sets the maximum reimbursement amount for most drugs. Thus, when TPBs request reimbursement from payers, they ask for the fee schedule amount. So far, so good.
Except when the pharmacy is in the payer’s Pharmacy Benefit Management vendor’s network of contracted pharmacies. In this instance, some payers and payers/PBMs have reduced the amount payable to that owed under the terms of the contract rate at the dispensing pharmacy. TPBs do not approve of this interpretation, and in some instances have aggressively pursued additional payments.
A different situation arises in the non-fee schedule states. Most of these require reimbursement to be at “usual and customary”, which is defined by the NCPDP (standard field 426-DQ) as the “amount charged cash customers for the prescription exclusive of sales tax or other amounts claimed”. It appears that this definition is not used by the TPBs, who are actually billing at rates that appear to be based on a multiple of the Average Wholesale Price, or AWP. (Various sources within payer organizations have indicated that the multiple is in the range of AWP + 15% to AWP + 20%.).
Some payers pay the requested amount while others pay the bills at what they deem to be “U&C”. In some instances TPBs have threatened to initiate legal action against payers failing to pay what the TPBs have stated they are owed.
The net is this – there appears to be a disagreement as to what constitutes “usual and customary”. After reviewing research on drug fee schedules and reimbursement arrangements in the individual states, there does not appear to be a consistent, clear definition of usual and customary.
There have been some court cases that at least part involved this issue; to my knowledge there have not been any precedents set or definitive rulings written. If any reader is aware of more conclusive information please let me know.
What does this mean for you?
Confusion and different interpretations are never helpful and can lead to excess costs and hassles for all involved. The sooner this is publicly resolved the better for all parties.
Note to reader – I contacted executives at third party billers in an effort to get their perspective on this issue; none have returned my calls as of this morning. This despite the request from one (Third Party Solutions) in a comment on a previous post that I contact them to get their input.


Dec
9

United HealthGroup’s workers comp network business

United HealthGroup appears to be preparing to re-enter the workers compensation network business. Sources indicate that the initiative is housed within UHG’s Ingenix subsidiary; plans are not finalized but reports indicate this is all but a done deal.
Ingenix’ new CEO, Richard Anderson, is in the process of determining what to do and who is to do it. While Ingenix is well known for its Power-Trak, UCR databases, and other analytical and software applications, the property and casualty industry has been a relatively modest contributor to the company’s revenues.
For those relatively new to the WC network business, UHG was once a significant player in workers comp PPOs, owning both the Focus (now part of Concentra) and MetraComp (also part of Concentra) network businesses. UHG sold both about 8 years ago; neither was core to the company’s business at the time. Having been at UHG’s MetraComp subsidiary until 1996, I can attest to the company’s lack of interest in workers comp.
Which begs the question – why now? Is it because Aetna is making a major push? Has UHG management been swayed by Coventry’s positive statements about workers comp? (many Coventry executives are ex-UHG employees) Is this a push to diversify, as UHG’s group health and HMO plans are very much a mature industry?
All of the above?
I’ve discussed this at some length with WC network buyers, competitors, and others, and all welcome UHG’s entrance. However, those who have expertise in network development wonder if UHG has the persistence and focus it will take to be successful in this business. It will take years, a lot of dollars, and a long view that UHG has not been known for in the past.
There are many other challenges to be faced; if and when UHG announces anything publicly I’ll devote more time to this.
What does this mean for you?
Another sign that the HMO industry is maturing, and executives are looking for the gold dust that has fallen through the cracks in the measuring room floor.


Dec
9

Suit filed against drug manufacturers for price manipulation

A suit has been filed by Arizona’s Attorney General accusing 42 drug manufacturers of inflating Average Wholesale Prices on drugs sold to physicians. According to an article in the Arizona Republic, at least 14 other states are also pursuing action against foreign and domestic pharmaceutical firms.
The pharmas are accused of artificially inflating the AWP reported to payers and data aggregators, setting prices that are many times higher than what they “actually charge some doctors and pharmacies.” As Medicare, Medicaid, group health plans, and group health and workers comp pharmacy benefit managers often base their reimbursement on AWP, the effect of the alleged price inflation is to generate enormous profits for the retailers and physicians paying the real wholesale prices.
In one example, the Republic noted:
“Abbott Laboratories Inc. lists a price of $382.14 for a 1-gram vial of the antibiotic vancomycin, which is used for severe infections. But the providers, the doctors and pharmacies, are charged only $4.98 for the drug, leaving a profit of $377.16, or 7,547 percent. Some drug firms sell the salt solution sodium chloride to pharmacies and physicians for about $4, with the average wholesale price listed at about $670.
The complaint also says that drug manufacturers provide financial incentives to physicians and suppliers to stimulate drug sales, such as volume discounts, rebates and free goods, at the expense of Medicaid and Medicare. The incentives were not offered to government or consumers.”
AWP is universally derided as “Ain’t What’s Paid”, and this is yet more proof that the pejorative definition of the acronym is more realistic than the industry definition. Transparency is a critical issue in the industry, and this shows why.
Not mentioned in the article is the growing trend in dispensing of drugs by physicians for workers comp patients in many states, particularly California. According to some of our clients, almost half of all drugs dispensed to WC claimants are through physician offices. I’ll comment in depth about this in a future post.
What does this mean for you?
Yet more evidence that the “discount” is meaningless. Too many payers assess their program based not on total drug costs but on the discount received. This is proof that the system is ripe for manipulation.
If you aren’t measuring your drug costs based on total expenditures, you are not doing your job.


Dec
8

Workers comp industry performance

John Burton reports that the workers compensation industry had an excellent year in 2004, delivering an operating ratio of 93.7. According to Burton, the”operating ratio” is the best overall indicator of sector performance as it considers investment income as well as operating results.
The combined ratio (all losses combined plus dividends excluding investment income results) was also strong at 104.9, continuing a four year trend of improvements.
The factors contributing to these returns are expenses, defined as claims, loss adjustment expenses, dividends and underwriting expenses, as well as investment income. It will come as no surprise that investment returns in recent years have been less than stellar; the tepid equity markets and low returns on debt vehicles have combined to make it difficult for investment returns to hit the 20%+ results seen at the end of the last decade.
As noted here previously, the strong financials may not continue for much longer, as there are some indications that the market is softening. The key will be what happens with reinsurance rates and availability. After the hurricane season’s record losses, many reinsurers may be looking to recoup losses by increasing their prices. This will have a rapid and notable trickle-down effect on primary insurance rates.
What does this mean for you?
Manage losses and prevent them where possible.
There is little the average employer or insurer can do to impact the reinsurance market, but there is a lot that can be done to mitigate the underlying driver – claims costs. Start with prevention and make sure your managed care program drives lower total claims costs, not just discounts on bills.


Dec
5

Texas workers comp networks

The State of Texas has at long last released rules governing how workers compensation networks can be set up, operated, evaluated, and regulated by the state. The announcement by Insurance Commissioner Mike Geeslin addresses one major issue we have long had problems with; the focus of most WC networks is discounts, not quality. Here’s Geeslin addressing this issue.
“I want to address a concern that has been raised concerning network care, that it is merely a discount program that will cut corners to save money. If workers’ comp health networks are viewed only as a tool to reduce medical costs, without adding any value to the rehabilitation and care of the injured employee, then the networks are headed to failure. Many employers and injured workers with whom I have spoken have emphasized the need for best value, not care on the cheap or, conversely, excessive care. The more effective medical care that a worker receives, the sooner he or she will be back to productive work or to a point where their injury is manageable.
To that end, our network rules incorporate a number of quality assurance tools. Workers’ compensation networks are required to be credentialed and must demonstrate that they have a formal complaint and dispute process in place. The networks are also required to track return-to-work statistics to see how well they are getting injured workers back on the job.
In addition, TDI researchers will compile data to assess each network’s performance on a yearly basis in the form of a “network report card.” The report card will allow comparisons between networks on a variety of measures, including access to care, health-related outcomes, return-to-work outcomes, employee satisfaction with quality of care, and health care costs and utilization of care.
I’ll address some of the high points in a future post, but here are a couple of significant aspects of the new law.
1. Employees can choose their provider from any contracted provider in the approved network.


Dec
2

First Health’s Workers Comp – results and future prognostications

First Health’s performance to date was addressed in a presentation by Coventry CFO Shawn Guertin earlier this week. First Health, a subsidiary of Coventry, produced revenues for Workers Comp of $53.7 mm in Q1 (corrected for acquisition timing), $53.65 in Q2, and $50.7 in Q3.
Workers Comp is disproportionably profitable for Coventry; previous statements from the company indicated WC drives 11% of profits and 3% of revenues. Thus, the decrease in top line has a multiplier effect on profitability.
During the investor call last week CFO Shawn Guertin noted that the company “feel(s) real good about (the workers compensation sector’s) prospects…” Coventry may also be looking at acquisitions in the workers comp space (as well as in network rental and the Medicaid/public sector).
According to Coventry, First Health’s performance to date has been “consistent with expectations”, and the division is poised for growth in 2006, especially in the workers comp sector. This may well be the case, but my sense is the performance to date is likely on the low end of those expectations.
Three other items may bear on the success of First Health’s workers comp sector in the near term.
First Health’s largest WC customer, Liberty Mutual, continues its’ evaluation of network providers. There has been no indication of where Liberty will end up, but given the size of the relationship it will be important for First Health to retain a significant portion of the business. Unfortunately for Coventry, there does not appear to be much upside; as FH is Liberty’s network in the vast majority of states, it does not stand to gain much if it lands new business (the states FH does not service are relatively small). However, the downside could be significant if Liberty chooses to move some states, particularly the larger ones such as California, Florida, Texas, Illinois, New Jersey and/or New York to other networks.
Second, to date there has been no announcement regarding the company’s search for an executive leader for the workers comp sector. The search by Spencer Stuart has been in process for some months now; the right leader could add significantly to FH’s future prospects.
Finally, Aetna’s Aetna Workers Compensation Access (AWCA) has gained some traction as of late with some of First Health’s present customers, and may well be poised to take additional market share. Sources indicate that 2006 may see several larger payers replacing First Health with AWCA, albeit only in a few states.
What does this mean for you?
Clearly, the WC managed care market is maturing. First Health, long the dominant network provider, is at a crucial point in its life cycle. The next few months should provide some clues as to the company’s future direction and strategy, both of which will bear heavily on the managed care programs at many workers comp payers.


Dec
2

Concentra’s future

Concentra’s naming of Norm Payson MD as the company’s new “non-executive” chairman of the board appears to be yet another sign that Concentra is positioning itself for sale or IPO. Long rumored to be preparing to go public, Concentra may be closer now than at any time in the past few years.
Payson got his start in managed care at HealthSource in New Hampshire 20 years ago. He and others built that HMO from the ground up and sold it to CIGNA in 1997. He then joined Oxford in 1998, was there through the turnaround and left it in excellent condition in 2002.
Payson’s role appears to be “non-operational” to say the least; he will be working on strategy issues, providing guidance to senior management, etc. He will be making an investment of $10 million in the firm; before you jump to conclusions, understand that Payson will also be receiving “awards of restricted and unrestricted stock and options


Nov
17

Liberty Mutual, Crawford, data analysis, and workers comp

Two items in today’s news indicate the growing significance of data analytics in managing workers comp claims and costs. While there are differences in focus, with Liberty focusing on provider identification and Crawford on claims and case management, Liberty Mutual and Crawford are both using data analysis to build the capability to improve results.
Crawford has worked with e-Triage to develop and implement a predictive modeling capability to enable the company’s claims adjusters to identify those claims that are more likely to be problematic.
“”Crawford Claims Advantage provides an objective means to identify from the beginning the 20 percent of claims that account for 80 percent of all workers’ compensation costs,” said Bob Kulbick, senior vice president of Crawford’s Risk Management Services. “This new proprietary system will ensure consistency in the handling of workers’ compensation claims and will give us an unparalleled advantage in the marketplace. We expect to see significant reductions in both costs and claims duration for our corporate clients.”
“The opportunity to apply objective criteria to identify those cases that can benefit from case management is significant,” said Larry Mattingly, senior vice president of Crawford’s Healthcare Management Services. “Rather than subjective assignments, our case managers will intervene on the right cases at the right time. Phase two of our association with e-Triage will incorporate the evidence based research into our case management process, providing an objective means of measuring improvement as a result of the services provided.”
Liberty Mutual also announced the preliminary results of their partnership with Thomson Medstat, the well-known health data analysis firm. Liberty has been working with Medstat to develop a data warehouse and analytic capability to enable the company to better understand the delivery of medical care to their insureds.
According to Insurance Journal,
“…Liberty Mutual uncovered what it believes are the two keys to managing workers’ comp medical costs.
First, the statistical averages for treating specific injuries in any city or state – for example, how many office visits are needed to heal a torn rotator cuff in Denver, or what does it cost to set a compound arm fracture in Pennsylvania. Second, how individual caregivers and facilities in the area compare to that baseline.”
Interesting that the keys do not include the level of discount, network penetration, usage of case management or utilization review. These tools have been viewed as critical; Liberty’s statement seems to imply that finding the right docs is more important than the traditional approach.
I wholeheartedly agree.
The people at Liberty are some of the most knowledgeable in the WC industry, and their application of analytics to this business is consistent with what others (Hartford, Aetna) are also attempting. While there are inherent challenges in dealing with WC data due to relatively small sample sizes (total WC medical expense nationally is about 2% of all medical expenses), historically poor data quality (little emphasis on capturing data at the bill processor level), and significant external complicating factors (co-morbidities, psycho-social factors, job satisfaction) this is a step in the right direction.
What does this mean for you?
Depends on how much data you have…


Nov
17

Workers Comp pharmacy management and third party billers

I had a very interesting conversation yesterday with an executive at a large workers compensation third party biller. For those unaware, third party billers (TPBs) are entities that buy WC scripts from retail pharmacies and then try to collect from the insurance companies. Think of them as factoring agents; the retail pharmacy gets their cash fast, and the TPB gets to make a margin on the difference between what they pay the retail pharmacy and what the insurer pays the TPB.
By the end of the conversation, it was abundantly clear that the TPBs are out to take over the WC PBM (pharmacy benefit management) business. This TPB claims to have spent several years trying to collect what they believe they are owed from numerous payers, wtih very limited success. As a result, they are now pursuing aggressive legal action to try to force the payers to pay them the full amount for each script.
Many payers have been reducing their reimbursement to the TPB based on the rate that the retail pharmacy has agreed to. The TPB claims that since they bought the script, they now own it, and therefore the payer has to reimburse them at fee schedule.
The payers believe that since the script was filled by a retail pharmacy that is in their pharmacy network, they only have to pay the contracted amount.
Woven throughout the conversation was the statement that the TPBs exist to improve the injured workers’ life; by getting access to the drugs, they are helping to speed healing and reduce lost work time. A noble goal to be sure.
What does this mean for you?
The PBM-payer-TPB mix is going to have a huge impact on WC medical expenses, systems, and workflows.