Insight, analysis & opinion from Joe Paduda

Apr
20

Sex on the road – compensable!

You’ve probably heard about this – an individual – traveling on employer business – was injured while having intercourse, filed a work comp claim, and will receive benefits.
I kid you not.
Now gifts like these show up in a blogger’s inbox rarely – if ever. Like all precious gifts, one has to be very, very careful handling them, lest the gift is squandered, crushed by heavy handling or allowed to slip thru one’s fingers. So, I’ll try to preserve this gift, giving it the care it so richly deserves…
So, you’re in the throes of passion, when the light fixture over the hotel bed comes crashing down, smacking you in the face hard enough to cause some significant injuries. Rather than allow this to kill the mood, you rejoice, knowing you’ll be able to stick your employer with the bill for this unfortunate event.
This actually happened, and no, it wasn’t in California…it was in Australia.
(and no, no Secret Service agents were involved…)
According to press reports, the unidentified woman (a human relations (!) worker) was traveling on business, called a gentleman friend, went out to dinner, came back, and one thing led to another. Well, rather than me trying to explain, let’s go right to the source (which in this case is a man referred to by the victim as an “acquaintance” she’d met a few weeks previously:
“the man said they were “going hard” and he did not know if they bumped the light or if it “just fell off”.
“I think she was on her back when it happened, but I was not paying attention because we were rolling around.”
Wait, did he just say he wasn’t paying attention? Was the telly on too?
This description came to light (pun intended) in testimony before one of several judges who’ve been involved in the case. After the initial judge ruled that the “victim’s” injuries were not compensable, the appellate judge demurred, determining
“If the applicant had been injured while playing a game of cards in her motel room she would have been entitled to compensation, even though it could not be said that her employer induced or encouraged her to engaged in such an activity,” he said.
“In the absence of any misconduct or an intentionally self-inflicted injury, the fact that the applicant was engaged in sexual activity rather than some other lawful recreational activity does not lead to any different result.”
With all due respect, one could argue that yanking a fixture off a wall while in the throes of passion is indeed a “self-inflicted injury”, especially if it results in injuries to the nose, mouth, and teeth, as well as a psychiatric injury, specifically an “adjustment disorder”. (Uh, what adjustment was disordered?)
We may well find out; the work comp folks have 28 days to appeal the ruling.
We’ll keep you posted.


Apr
20

RIMS wrap up

Okay, now to a few last words.
As one more interested in workers comp than other topics, I found the agenda to be pretty thin. With a couple exceptions (CMS and reform), the topics weren’t timely, the subjects pretty basic, and the number of sessions devoted to comp few in number. The session re the impact of health reform on comp was led by Liberty’s Sam Geraci; his presentation provided an excellent brief on the mechanics and functions of health reform and paid particular attention to the potential issues with access to medical providers inherent in providing coverage to 32 million more Americans.
I would have liked to see several issues addressed: market trends (hard, soft, or what); what’s happening with comp reform in key states; actuarial views of cost drivers (can you spell o-p-i-o-i-d-s?); state of the excess/reinsurance market; frequency v severity, what’s happening and why; will the option to opt-out spread beyond Texas and perhaps Oklahoma and why. Perhaps next year…
With attendance up, a seemingly-endless list of exhibitors, dozens of social events (several at great venues), and the location in downtown Philly, there was plenty to do. While I may be biased, the MedRisk event at the WaterWorks was spectacular. 400+ people, terrific band, tasty food, fireworks, great views of Boathouse Row, an after-party replete with scotch tasting and excellent cigars, and – to cap it all off, I got to ride back to the hotel with Mark Farrell and…(wait for it)…David Young, President of Coventry Workers Comp. And lived to blog the tale.
So far…


Apr
19

The Romney health plan

“Well, if they’re 45 years old, and they show up, and say, I want insurance because I’ve got a heart disease, it’s like, `Hey guys, we can’t play the game like that,'” Romney told Leno. “You’ve got to get insurance when you’re well, and if you get ill, then you’re going to be covered.”
So, if you’re 45, lost your insurance because you lost your job, your COBRA benefits expired and you can’t get insurance in the individual market because you have heart disease and can’t afford the coverage (if you are even lucky enough to live in a state where an insurer offers it) you’re, well, screwed.
Good to know he’s got that all figured out.


Apr
19

Anthem work comp’s selling, ISG/Stratacare’s buying

Anthem workers comp bill review, UR, and case management businesses will be/has been sold to ISG, owner of Stratacare and Bunch. The deal has been in the works for some time, with customer discussions occurring over the last couple weeks. Don’t know the details; Anthem did provide the following comment in response to my inquiry:
“”I want to let you know that Anthem Workers’ Compensation is currently working on a number of projects that will best meet the needs of our clients. As soon as we are in a position to provide a detailed response to your question, we will reach out to you first to let you know.”
The fallout from this will affect Xerox/CompIQ; they provide the platform for Anthem’s bill review and I’d expect StrataWare to supplant CompIQ’s technology when contractual and transition issues are worked out. This is a good move for ISG, as it adds bill volume to their bill review platform, cements a relationship with a very solid network partner, and takes share from a competitor. As ISG owns StrataWare, they will see an immediate (or rather as-soon-as-they-move-to-StrataWare) bump up in operating margin as they don’t have to ‘pay’ for access to a bill review system.
It’s also notable that Anthem decided to exit businesses that have operating margins considerably more modest than those enjoyed by networks. Case management and bill review operations generate 15% – 30% margins; well-run networks should more than double those levels as variable costs are so low. The big healthplan company has been looking to expand its workers comp business into additional jurisdictions; this will generate capital that could be used to help pay for that expansion in addition to reducing the number of issues management has to pay attention to.
I did contact Xerox/CompIQ and ISG earlier but did not hear back.
Details to come as they’re made available.


Apr
18

RIMS, day two

Quick takes
Weather
If exhibitor presence is an indicator of where the world is headed, the insurance world is very concerned about catastrophes.
Several of those huge cat cleanup vehicles were on the exhibit floor at this year’s RIMS conference, along with a couple dozen other companies marketing various cat-related services. Cleanups, weather tracking, hurricane-proof domes, salvage sales, pretty much anything from warning about impending disasters to selling what’s left after the event was on display.
Given the latest news on the impact of storms and natural disasters on the P&C industry’s financials, the decision by these service firms to exhibit at RIMS looks prescient. Chad Hemenway reported yesterday the industry’s 2011 rate of return was a paltry 3.5%, largely due to weather-related claims which increased almost $20 billion from the previous year.
Medical management
There were fewer managed care/medical management firms exhibiting than I expected, perhaps because RIMS attracts a lot of attendees outside their target market. The dearth of sessions on medical management, or, for the most part, the thin workers comp agenda likely played a part as well.
Execs from the non-exhibitors all were there to take advantage of the “target rich environment”; many of their current customers and future prospects were in attendance, and the opportunity to meet makes RIMS a must-do.
New news
Spoke with TriStar CEO Tom Veale yesterday about their acquisition of TPA REM. The combined company greatly extends TriStar’s reach, enabling it to compete for national business (previously TriStar’s reach was limited to the western part of the country). The new company, which is now in the top five among WC TPAs, has revenues of about $100 – $110 million, 400 clients, and almost 900 employees. So far, customers seem fine with the deal, as they should be. The growth of TriStar adds another national TPA to the list, raising the competitive bar and offering employers more choices.
There’s a lot more to this I’ll be covering later.
InsurCard is gaining traction. The company’s debit card solution allows claims payers to fill a debit card with indemnity payments for claimants. They also have ties to about a quarter million health care providers that allows InsurCard’s customers to pay their medical bills with a faxed debit card – HIPPA compliant, no fee to the payer, and secure. Makes a lot of sense – outsource payments and reduce admin expense.
More to come later today.


Apr
17

RIMS Day One – continued…

Attendance must be up – significantly. Can’t get a hotel room anywhere in town, restaurants are booked solid, lobby bar – and most others around the convention center – are SRO (standing room only), and there’s pretty good traffic in the exhibit hall to boot.
The Safety National event at the Ritz was jammed; this has become a must-do for many. Word from SN is they’ve expanded their share in the work comp excess market – they own about a third of the market and are looking to consolidate their position. Part of their growth is likely due to Chartis’ decision to exit the excess work comp market; sources indicate that move was driven in large part by the impact of opioids on duration and medical expense.
Spoke with the folks from Cypress Care at length yesterday about their soon-to-be-released drug trends report. They are taking a pretty interesting approach this year; Jim Andrews decided to split out newer claims from those more than three years old. There are quite a few differences between the groups; here’s two:
o Based on the differences in drug mix and utilization, the price per day per claimant for opioids is double in mature claims when compared to emerging claims ($9.79 compared to $4.28)
o The good news is that the number of claimants utilizing Opioids in emerging claims actually decreased almost 2% from the prior year.
More to come on their report later; Express Scripts is releasing their’s today and I’ll be reporting on that as well.
The first annual meeting of the Friends of Sandy Blunt was well-attended; thanks to Bob Wilson for setting things up, and John Swan of CompPartners for footing the bill.
Finally, I heard bill review firm Medata has had a couple of significant wins recently; tried to pry details out of Cy King but he wouldn’t come clean. Will see what I can learn from other sources today.
Still looking for the new new thing; will have more time on the exhibit floor this pm and will report back later today.


Apr
16

Report from RIMS – day one

This year’s RIMS conference is in Philly once again, and by the looks of the exhibit floor there’s a lot going on. Here’s a few of the news bytes circulating around the floor.
– TPA TriStar is acquiring REM, continuing the ongoing consolidation in the property/casualty claims administrator market. I’ll be by the TriStar booth later today to get more details.
– Despite the rumors to the contrary, Coventry is NOT acquiring managed care services company Genex.
PBM PMSI will release their annual drug trends report shortly; early indications are drug costs were up just over three percent, driven by price increases. And all of the price increase was due to an 8.9% increase in pricing for branded drugs in 2011; generic pricing was essentially flat.
UR/peer review firm CID Management has won a major contract with SCIF, the California state fund. Reports indicate they will begin providing UR services for about half of SCIF’s volume in a couple months.


Apr
13

Express Scripts, Medco, and Walgreens – the deal

Now that Express Scripts’ takeover of Medco has gotten the okay by federal regulators, it’s a done deal. The new company will be the nation’s largest pharmacy benefit manager, with only CVS-Caremark
There’s pressure on Express to get this deal done as well, as sources indicate the giant PBM will make some clients “whole” on scripts purchased at Walgreens, albeit only for a limited time. That’s costing Express more money every day; while the “limited time” make-whole deal will expire (for many customers) at the end of June, customers will not take kindly to an end in Express’ subsidy of Walgreens’ scripts. Most assuredly Walgreens is well aware of the growing pressure on Express, and likely made the decision to wait it out, hoping that a) the Medco deal would be rejected by the Feds, and b) as the make-whole guarantees expired, Express would be forced to sweeten their offer to Walgreens.
Now that the deal has been approved, there’s a bit more pressure on all parties to resolve their differences, sign a new contract, and move on. While Walgreens is a major force in retail pharmacy with their 8200 stores making them the largest chain, ESI-Medco will handle a full 40 percent of all scripts in the US.
That’s just too much market share; Walgreens has to get a deal done. Script volume declined by 8% – 9% late last year, likely as a result of the loss of ESI contract. Now that ESi brings those scripts to the bargaining table, Walgreens will be hard pressed to come up with any business case wherein not contracting with ESI-Medco is viable.
But, many (including your correspondent) also thought the two parties would get a deal done earlier this year. There is always the chance that there’s just too much of a gap, and/or too much animosity.
And, Walgreens does have an alternative ‘strategic option’; they can acquire Rite-Aid, thereby upping the ante. That deal has been rumored for some time, and could be part of their overall negotiating tactics, as well as a long-term strategic move.
Of course, Medco has had and continues to have a contract with Walgreens, a contract that resulted in 125 million scripts for Walgreens. Now that Express and Medco are coming together, the Medco contracting folks may (pure speculation here) take the lead on resolving the issue. As they’ve not been involved in the previous (failed) negotiations, they may be able to resolve the impasse more quickly by not having to rebuild relationships and re-establish trust.
Remember – while the deal is between companies, the deal-makers are people, and people have to get the deal done. I’d bet they will, and give odds.
What does this mean for you?
Consolidation among the largest buyers of scripts may mean lower costs for their customers, but as the market consolidates further, it could may lead to monopolistic pricing.


Apr
11

The overwhelming crisis of addiction

I’m attending the National Rx Drug Abuse Summit in Orlando. The first conference of its kind, there are representatives from law enforcement, Congresspeople, physicians, Federal regulators, patient advocates and pharma experts, all focused on what this morning’s keynote speaker described as the national health issue with the most potential impact on society.
Nora Volkow MD, director of the National Institute on Drug Abuse, was compelling and factual, but the impression I was left with was chilling. Her data-centric, science-based approach was cooly clinical.
Until you thought about the individuals who underly the data. Families, kids, parents, coworkers, friends, all are deeply affected by what Volkow could have called a national emergency. I’m sure you know someone who’s been directly and deeply affected by prescription drug abuse.
The leading cause of death of Americans aged 1-35 is unintentional injuries; overdoses has surpassed motor vehicle accidents as the leading cause of accidental injuries. 75% of those overdoses involved prescription drugs.
Reps. Nick Rahall, Mary Mack, and Connie Mack are speaking today as well, confirmation of the importance of this issue.
WCRI’s Dr Rick Victor and I are speaking later today about opioids and workers comp; ours is the only comp-focused talk; after listening this morning it’s more clear than ever that the work comp industry must get very, very serious about opioid use in workers comp.


Joe Paduda is the principal of Health Strategy Associates

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