Insight, analysis & opinion from Joe Paduda

Apr
9

The drug testing controversy

If patients are prescribed opioids, ‘best practices’ calls for
– assessment of risk for dependency and addiction;
– completion of an Opioid Agreement:
– ongoing assessment of pain and functionality; and
– random urine drug testing (UDT).
This last has become – for some – yet another of the myriad ways to suck money out of the workers compensation system. Yet there’s no question UDT is a necessary component of opioid management.
Today’s WorkCompCentral arrived with an excellent piece on the issue authored by Greg Jones. The premise of the article is a flap involving accusations of overbilling by a former employee of a company that allegedly does billing for drug tests.
The details of the controversy aren’t what’s important.
What’s important is for payers to understand two things:
a) drug testing is a critical piece of opioid therapy; and
b) just like physician dispensing, MRIs. PT, surgery, heck almost anything, it can be gamed, over prescribed, abused, and made into the proverbial money tree.

Properly done, drug testing enables physicians to determine if the patient is taking the prescribed drug; if they’re taking other drugs that may be contra-indicated; and/or if the patient is taking illicit drugs. Given the issues with addiction, abuse, diversion, and misuse, drug testing is a critical component of the medical management process.
Grossly over-simplifying the issue, it boils down to this. Fee schedules and reimbursement rules allow physicians and labs to bill multiple codes for multiple ‘tests’ for different drugs – so, the more tests, the more money. Typically, physicians bill for testing that just indicates the likely presence or absence of certain drugs, and a lab bills for ‘confirmation’ using much more sophisticated processes and technology.
There’s a reasonable argument to be made that paying docs to test in their offices encourages compliance with opioid management best practices, as long as the amount paid is also ‘reasonable’. Unfortunately, the research indicates UDT is grossly underutilized; one study found fewer than one of every seven physicians treating patients with opioids test their patients.
In-office testing is also much less reliable than lab-based testing; therefore any office-based test result must be confirmed with a test at an accredited lab.
So, the conundrum is this: payers want to encourage drug testing, but don’t want to get stuck with outrageous bills. There are several tactics payers can use.
1. Inform contracted physicians that drug testing in office will be reimbursed at $XX.XX – a flat rate regardless of the number of drugs tested for.
2. Drop physicians who refuse to comply from your network.
3. Require proof of testing and assurance that the prescribing doc has reviewed the test results and factored those results into ongoing treatment.
4. Contract with a lab for a flat fee to cover a comprehensive list of drugs; this ensures the physician has a full view into the patient’s drug consumption while capping the payer’s fees at a ‘reasonable’ rate.
What does this mean for you?
Drug testing is necessary, it’s also ripe for abuse.

(Disclosure – Millennium Labs is an HSA consulting client)


Apr
6

The GOP budget, fiscal responsibility, and Part D

Rep. Paul Ryan (R WI) and the House Republicans are touting their budget as fiscally responsible and prudent. What Mr Ryan conveniently forgets, or more likely avoids, is this:
Eight short years ago he – and his GOP buddies – passed the single largest entitlement program since Medicare – the Medicare Part D drug benefit – with no dedicated financing, no offsets and no revenue-generators – the entire future cost – which is now around sixteen trillion dollars [see page 148] – simply added to the federal budget deficit.
According to Bruce Bartlett writing in the Fiscal Times, “By 2030, Part D alone will cost taxpayers 1 percent of GDP.”
There’s a legitimate argument that health reform is going to add additional cost, and will require additional revenue. Let’s accept the GOP’s claim that health reform will add $700 billion to the deficit. That’s one-twentieth of the deficit from Part D.
That’s right – Paul Ryan’s Part D added twenty times more to the Federal deficit than even he claims reform will. Yet the GOP budget he wrote doesn’t include any provisions to end, or fix, or reduce Part D.
Notably, the President’s budget proposal doesn’t address long term costs of Part D either – and yes, that’s a serious problem.
Folks, we have a BIG deficit problem. If we aren’t deadly serious about what we need to do, we’re screwed. Whether you’re a conservative or liberal, Glenn Beck-er or Rachel Maddow fan, red stater or blue stater, there are basic, immutable facts.
Part D’s $16,000,000,000,000.00 ultimate cost is one of the more obvious.
It would have been more than refreshing if Ryan and the Republicans’ budget was more financially responsible, more old-style fiscally-conservative-Republican. That would have been courageous – admitting he and his party made a mistake. Sure, they would’ve taken a hit from older Americans who love Part D, but true statesmen, real leaders know that tough, unpopular stands are necessary some times
Ryan’s blatant hypocrisy reveals that he – and his party – don’t care one whit about the deficit or budgets or fiscal responsibility. Nope, they just want to get re-elected.
What should we do?
Either a) end Part D or b) allow the Feds to use their buying power to negotiate with pharma. That alone would save about $20 billion a year.

Canceling Part D won’t happen; neither party is about to tell seniors they can’t have free medicine. If Ryan et al were really concerned about the deficit, they’d consider using the government’s buying power to reduce costs and thus lower the deficit. But of course they won’t; that would alienate big pharma and cut into their campaign contributions.


Apr
5

Work comp pharmacy – the basics

There’s an excellent webinar on the nuts-and-bolts of work comp pharmacy scheduled for April 12. Put on by National Council for Prescription Drug Programs (NCPDP), the webinar features industry experts Jim Andrews, RPh, SVP Pharmacy Services at Cypress Care and Kevin Tribout, Executive Director Government Affairs for PMSI.
Jim and Kevin are very, very knowledgeable and great communicators as well (full disclosure – they’re also good friends and their companies are members of workers compensation PBM consortium CompPharma, LLC).
hat tip to WorkCompWire for the news…


Apr
5

Is your hair on fire yet?

The single biggest crisis facing workers comp is NOT the market cycle, employment, rate adequacy, or regulatory changes.
It is opioids.
As Gary Franklin MD, Washington state fund’s Medical Director says, this is a “hair on fire” issue.
I’m not talking about the $1.4 billion employers spend on these drugs, nor am I referring to the other medical costs incurred by claimants on opioids or the dollars wasted on diverted drugs or the hundreds of claimants dead from opioids prescribed for their injury; not even the disastrous personal impact on claimants and their families.
It’s what opioids do to disability duration – that’s what’s going to drive up rates, kill off carriers, and jack up employer’s premiums.
Claimants on opioids are NOT going back to work; not to their original job, a new job, any job. They can’t drive, operate machinery, think clearly, function physically. Most employers can’t or won’t re-employ opioid-taking claimants out of concern for their safety and additional liability. Can’t blame them either.
The issue is this – the industry has not accounted for the financial impact of the explosive growth in opioid usage among long-term lost time claimants. Sure, a couple of big insurers have figured this out and are moving very fast (and very quietly) to assess the risk and try to mitigate the impact, but the vast majority of carriers, employers, reinsurers, actuaries, and regulators have yet to catch on.
While some are beginning to implement programs in an attempt to reduce the initial use of opioids for injuries, that’s closing the proverbial barn door after the herd is long gone. These programs are often pretty ineffective as well; even if the medical director/case manager/guidelines recommend against approving opioids, adjusters usually approve them anyway. That’s not really the adjuster’s fault; they just don’t have the experience/education/training/support to make the right call.
The real killer is the claim backlog, those old-dog, legacy claims where the claimant has been on OxyContin, Fentora, Actiq, hydrocodone and god knows what else for five years, where the doses have been escalating, there’s been no drug testing for compliance, and the treating doc has no long term plan other than ‘more’.
What does this mean for you?
If you aren’t already deep into a financial analysis of the real impact of opioids on claim closure, disability duration, indemnity and medical expense, start immediately. Not this afternoon, not tomorrow, not after next month’s planning call.
Now.
And don’t settle for platitudes, for “not to worry we’ve got that figured out” statements. Demand projections based on actual experience backed up by real data. And be prepared for some very, very bad news.
But better to get that news now then a couple years down the road from your favorite rating agency. While they haven’t figured this out yet, you can be sure they will.


Apr
3

No, the Feds aren’t taking over workers comp

My last post was, in fact, MCM’s annual contribution to the national celebration of April 1. Over the last eight years I’ve had a lot of fun with this, only occasionally (once, to be precise) going just a tad too far.
Rest assured it only happens once a year – the prank, that is. Going too far may happen a bit more often.
This year’s post was purposeful – for two reasons.
Rumors about the Feds’ purported interest in getting more involved in workers comp continue to pop up every now and again, as much as we try to show how this a) makes no sense and b) there’s no one in DC with any authority remotely interested in stepping into workers comp. The April 1 post was my attempt to highlight the absurdity of the ongoing ‘debate’; there is no ‘debate’, the Federal government is not taking over workers comp.
On a broader scale, I’d ask that you, dear reader, view what you read here and everywhere else for that matter with a healthy dose of skepticism. And while you’re at it, challenge your own firmly held beliefs. None of us has sole proprietorship of the “truth”, we all can learn from each other, but only if we’re willing to listen.
We now return to our regularly scheduled blog postings…


Apr
1

Workers’ comp medical to be federalized

While all of Capitol Hill was focused on the hearings on ObamaCare at the Supreme Court, the Administration was quietly proceeding with plans to federalize the medical portion of workers’ compensation. The effort has reportedly been led by Assistant Deputy Secretary A. Pryl Pfuelle who has been working closely with the Executive Secretariat on policy implications and coordination efforts. Details on timing, rollout, reimbursement levels and other critical matters are still to be worked out, but the Secretariat is likely looking to FECA as the regulatory agency that will be tasked with oversight responsibilities.
There have been rumors about increased Federal involvement in workers comp circulating for some months, but this is the first clear indication of actual changes in the offing. Evidently the legal aspects have been addressed in the Zadroga Act and under the LibbyCare provisions of the Affordable Care Act. While these bills covered occupational disease, there is enough flexibility to allow them to extend to address occupational injury as well.
For now, this is likely to only affect the medical portion of workers comp; HHS’ Office on Disability had been involved in discussions for some time about including the disability/indemnity portion of workers comp in the program, but for now the move is “not on the table.”
While the deal isn’t “done”, reports are the planning is near complete. Evidently the move was initially brought up at a White House meeting last summer between Executive Office staff and several Fortune 500 CEOs. The execs, most of which had backed Obama’s 2008 campaign, pushed the White House to do more to help business and specifically the manufacturing and industrial sectors. Rising comp costs were specifically identified as a significant drag on hiring and a working group established to evaluate ways to reduce those costs. The group, whose members are not known, reportedly settled on utilizing the Medicare system and reimbursement mechanism as a relatively straight-forward way to reduce medical expense while also slashing work comp’s administrative costs.
At a follow up get-together early this year plans were presented to the “core group” and received a favorable response.
As most state fee schedules are based on Medicare’s RBRVS, and an increasing number of states are adopting the MS-DRG reimbursement mechanism for facility costs, the sense is this won’t be much of an issue for providers. Additional work will need to be done to refine the coding and reimbursement for comp-specific issues such as return to work planning, functionality assessment, and there will have to be some flexibility to accommodate state-specific reporting and documentation requirements.
What does this mean for you?
Time will tell.


Mar
30

Be careful what you wish for

The list of those opposing health reform includes Tea Partiers, libertarians and other small government advocates; the Chamber of Commerce, Association of Manufacturers, and National Federation of Independent Businesses; health plans (some of them), brokers, and insurers.
For some the issue is personal “liberty”, decrying governmental intrusion into what they believe should be an entirely “free” market.
Others are more specific, outraged that they are forced to buy a service from a private insurer.
But for some, primarily the larger DC-based organizations and their dues-paying members, the issue appears to be more broad, a general perception that reform is yet another indicator of increased governmental intrusion into ‘their’ business. Private companies want to be left alone, to run their businesses and do their stuff without what they view as often unnecessary and ill-advised interference from bureaucrats. The faith in the free market, the belief in unfettered competition’s ability to deliver the best result for the most is the underlying driver, driving many big companies – who would benefit from the mandate and most other provisions of the PPACA, to work diligently to overturn health reform.
Understand that those of us with insurance (including big corporations, small employers who provide health insurance, and governmental entities (and therefore taxpayers)) are subsidizing the health care needs of those without. The 49 million Americans without health insurance get health care, they just don’t pay for it; those of us with insurance do through the miracle of cost-shifting.
The willingness of reform’s opponents to sacrifice their corporate profits on the altar of the free market is admirable, as is the enthusiasm of libertarians and true followers of the Tea Party ideology.
But I wonder how ideologically pure they’ll be if reform is overturned.
As evidence of the potential consequence of failing to think thru the long-term and unintended consequences of ideological purity, I give you the Export-Import Bank, an agency of the federal government.
Stick with me here; the Ex-Im Bank provides credit to American companies selling goods and services abroad. For many companies, it is the ONLY source of credit financing their overseas business. As a result, the Ex-Im Bank helps drive exports, which creates and maintains employment, improves our balance of payments, and builds American companies.
But – the Ex-Im Bank is in deep trouble; the House has rejected further funding for the bank [opens video] (which is very profitable, generating over $5 billion in profits) thus the Bank will have to shut down in two months. If it does, businesses from tiny crop dusting aircraft manufacturers to Boeing, chemicals to finished products will find markets dry up, sales fall off, and profits plummet. We can expect layoffs at the Boeing plant in South Carolina, the duPont plants in North Carolina, Air Tractor in Texas, and Keller in Wilmington.
If that’s the necessary consequence of a return to an unfettered free market with less government intrusion, than so be it.
But that’s not what many backers of the GOP want. In fact, a long list of ardent supporters of the GOP, those who helped funded the historic gains won by Republicans in the 2010 midterm elections, are pretty unhappy with the men and women they elected. These new legislators, and ones who’ve been around for years, are the ones who are denying funding for the Ex-Im Bank, and thereby hurting the very folks who funded their successful campaigns. GOP Sens. Saxby Chambliss of Georgia, Charles Grassley of Iowa, Tom Coburn of Oklahoma Rand Paul of Kentucky Jim DeMint of South Carolina and Mike Lee of Utah are all opposing re-authorization of the Ex-Im Bank.
What some – Heritage and the Club for Growth – decry as corporate welfare and unfair competition, others of a very similar political stripe champion as critical to American business.
The same will happen with health reform.
If the Supremes overturn health reform and/or the individual mandate, employers, taxpayers, and individuals are going to see higher health insurance premiums. The entire market will be in a death spiral. As more opt out of coverage, the cost for the shrinking number of insureds will increase. Members of the Chamber of Commerce, the NFIB, and the Club for Growth will find their profits eaten up by health insurance premiums, or they’ll be forced to drop coverage entirely.
Individuals outraged by the mandate will be free to find coverage on their own, coverage which will be unaffordable for all but the richest Americans without any pre-existing medical conditions. New Jersey, a state with no mandate and restrictions on medical underwriting, provides insight into what individual insurance costs would be if the Court overturns the mandate (thanks to Bob Laszewski for the research)

a two adult plan with a $2,500 deductible and 80% coinsurance for example, there are only three carriers offering it. Aetna at $4,913 per month, Celtic at $12,322 a month, and Horizon at $6,127.78 per month. [emphasis added] These rates do not vary by age.

Yep, annual insurance premiums for two adults would cost between $60,000 and $148,000.
Hopefully they’ll be okay with that, secure in the knowledge that they’ve sacrificed good health and medical treatment, for themselves and their families, on the altar of liberty.
And no, the free market will not come up with a solution. If it could have, it would have by now.
Perhaps the fate of the Ex-Im Bank will encourage the ideologically pure to reconsider their objection to health reform, but probably not.


Mar
29

Texas’ DWC misses the mark

Texas will be publishing ‘report cards’ for physicians treating workers comp patients, but won’t include opioid prescribing patterns as a criterion. That’s unfortunate – at best.
According to a piece by Bill Kidd in WorkCompCentral, the DWC – not the group tasked with developing criteria – made the decision to exclude opioid prescribing patterns, which will include data on timeliness and completeness of filing paperwork (really…), release to return to work, and use of MRIs for low back claims. This despite the ‘bi-partisan’ backing of the metric by theTexas Medical Association and the Insurance Council of Texas. (I really don’t like the term ‘report cards’ as it is viewed by many providers as pejorative and somewhat insulting, thus the information can, and often is, given short shrift by providers who hate the term.)
The good news is DWC will consider adding opioid prescribing patterns in 2015 and has already decided to include the criterion in the “medical quality review audit plan’. [opens pdf] However, the group working on the report cards had been actively discussing including assessing opioid prescribing two months after the date of injury and surgery; that discussion is now moot. Including opioids in the report cards would have sent a clear message to providers, one that is long overdue and critically important.
This is unfortunate. WCRI data indicates the Lone Star State is well above the median in almost all opioid utilization categories: volume of narcotics prescribed; number of narcotic scripts per claim; number of pills per script;percentage of claimants prescribed narcotics. Despite the lower potency of narcotics prescribed in Texas, the greater volume of claimants prescribed these drugs, longer duration of care, higher volume of scripts and pills per scripts combined to give Texas claimants more morphine equivalents than the median WCRI state.
Hydrocodone usage alone in Texas has gone up 350% over the last ten years while the death count from other opioids increased over 400%.
Inclusion of the metric would certainly help payers and claimants avoid the worst of the worst; for example, an Oklahoma physician was just indicted for the deaths of five patients after they died of prescription drug overdoses.
There’s very little credible evidence that long term (more than six months) opioid use is appropriate treatment for work comp injuries. These are drugs primarily developed – and approved by the FDA for – treating end-stage cancer pain. Not much cancer in work comp.
There’s ample evidence that long term opioid use leads to longer claim duration, long term disability, higher costs and much more medical expense. And that’s on top of the damage it does to relationships, families, and society.
What does this mean for you?
By not adding opioid prescribing patterns to the assessment of physicians, DWC is missing a chance to shine more light on what may well be the biggest problem in workers comp today.


Mar
28

If health reform is overturned…then what?

Monday I opined that the individual mandate will not be overturned. But let’s say it is – and stipulate that the rest of the health reform bill is rejected as well.
Then what?
We’ll leave aside the political implications for the moment, but it’s safe to say that a rejection of the PPACA by the Supreme Court would be bad news indeed for Democrats
Over the near term, what happens to the 49 million Americans currently without coverage? They won’t be able to get coverage under Medicaid.
Their employers – mostly small businesses – who can’t afford the premiums (without subsidies) today certainly won’t be able to find affordable insurance in the future.
In many states, people and families trying to buy coverage on the individual market will find a) their pre-existing conditions won’t be covered, or b) will only be covered after an extended waiting period and with a much higher premium and c) the cost of family coverage – for plans with very high deductibles – will be above $1500 a month in many states.
If health reform is overturned, 20% of Americans may be without coverage in 2020, yet we’ll be spending 20% of our GDP on health care. As more go without insurance, cost-shifting to those with coverage will increase, driving up their premiums even faster. The vicious cycle will accelerate, and as costs rise, employers and families will drop coverage, dumping more cost onto the ever-smaller population of insureds.
Okay, back to the political implications.
As David Blumenthal noted in the NEJM article cited above, if the Republicans win big this fall, after blasting health reform for the last several years a GOP administration and Congress would find it difficult to then legislate a new approach.
Moreover; ” the traditional Republican approach to covering uninsured Americans [is] an individual tax credit subsidizing purchases of private health insurance funded by ending the tax exemption for employers’ contributions to employees’ health insurance. Many employers and employees oppose this idea, and it would be difficult to pass without a major political fight. Historically, Republican presidents have been reluctant to take on the political costs of comprehensive health care reform, and the last thing a new Republican president will want is to fall on the political sword that impaled his predecessor.”
So.
PPACA is overturned, the number of uninsured is on a path to 20% of the population, the insurance death spiral accelerates, and the new Congress and President can’t/won’t do anything about it.
Can someone tell me how the free market fixes this problem? What insurance company is going to seek to cover families and small businesses with significant pre-existing conditions? Which, by the way, more and more of us have?
And if you can’t get coverage thru your small employer or on the open market, what are you going to do?
Those folks lucky enough to live in states with rational, sentient state legislatures will be better off than those living in states less fortunate.
But all of us will be facing family premiums north of $30,000 within five years.


Joe Paduda is the principal of Health Strategy Associates

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