Insight, analysis & opinion from Joe Paduda

Oct
12

Work comp fee schedule – a modest proposal

Here’s a modest suggestion re an alternative fee schedule methodology that deserves careful consideration by legislators and regulators alike –
From the medical fee schedule section of the Code of Hammurabi (1730 BCE):
215 If a physician make a large incision with an operating knife and cure it, or if he open a tumor (over the eye) with an operating knife, and saves the eye, he shall receive ten shekels in money.
216. If the patient be a freed man, he receives five shekels.
217. If he be the slave of some one, his owner shall give the physician two shekels.
218. If a physician make a large incision with the operating knife, and kill him, or open a tumor with the operating knife, and cut out the eye, his hands shall be cut off.
219. If a physician make a large incision in the slave of a freed man, and kill him, he shall replace the slave with another slave.
220. If he had opened a tumor with the operating knife, and put out his eye, he shall pay half his value.
221. If a physician heal the broken bone or diseased soft part of a man, the patient shall pay the physician five shekels in money.
222. If he were a freed man he shall pay three shekels.
223. If he were a slave his owner shall pay the physician two shekels.
224. If a veterinary surgeon perform a serious operation on an ass or an ox, and cure it, the owner shall pay the surgeon one-sixth of a shekel as a fee.
225. If he perform a serious operation on an ass or ox, and kill it, he shall pay the owner one-fourth of its value.
Gary Anderburg of Broadspire was kind enough to forward this to my attention; he included the veterinary section just for comparison purposes. Gary says, and I agree, that we should give serious thought to reinstituting this, and go back to shekels.
That said, I’m wondering if Medata, Coventry, Mitchell, Stratacare, MCMC, and ACS/CompIQ can get this programmed…


Oct
11

Is Florida finally going to fix its (repackaged) drug problem?

This morning’s WorkCompCentral arrived with the welcome news [sub req] that Florida legislators are (once again) going to take up the issue of repackaged drugs and their effect on workers comp.
It’s unbelievable incredible not surprising that the legislature still hasn’t fixed this problem. Perhaps now that NCCI has shown system costs were $62 million higher – a full 2.5% – due to repackaged drugs dispensed by physicians, politicians will do the right thing for Florida’s businesses.

Perhaps.
The latest report from NCCI indicated physician dispensers “charged more than pharmacies for all 15 of the top drugs in Florida…” The differential went from 45% on the low end to 680% for carisoprodol [aka Soma(r)], a drug that a good friend/Medical Director of a very large work comp insurer calls the “worst drug in workers comp”.
For those unfamiliar with the issue, here’s the briefest of summaries.
– Florida’s pharmacy fee schedule is set at 100% of AWP plus a $4.18 dispensing fee for both generics and brand drugs. But AWP is based on the drug’s NDC number, a code that can be created by the wholesaler/repackager. Thus, if a company wants to buy a million 800 mg ibuprofen tablets and repackage them into lots of 27, it can create it’s own NDC, and thus set its own AWP.
That’s how repackagers/physician dispensers make their millions.
– Florida tried to fix this a while ago, but then-Governor Charlie Crist vetoed a bill passed unanimously by both Houses that would have tied the repackaged drug’s price to that of the original drug’s ‘underlying’ NDC, thereby eliminating the huge markups.
Turns out Crist got a very large campaign donation from a very large physician dispensing/technology company – Automated Healthcare Solutions of Miramar Florida.
– then, under new Governor Rick Scott (!!) the legislature scheduled a vote on overturning Crist’s veto, a vote that – given the previous unanimous passage of the physician dispensing fix – seemed like a mere formality.
Alas, physician dispensing companies pulled out their wallets and donated $1 million to political spending committees controlled by incoming legislative leaders Sen. Mike Haridopolos, R-Merritt Island, and Rep. Dean Cannon, R-Winter Park. And, the scheduled vote…never happened.
– now, NCCI and WCRI have both published reports conclusively showing physician dispensed medications increase the cost of doing business in Florida.
Now you’re up to date. Disgusted; faith in politicians shattered; amazed by the hypocrisy of ostensibly pro-business elected officials, but hey, at least you’re current.
Here’s hoping Florida does the right thing – but don’t bet on it.


Oct
7

Prostate cancer screening – Is science winning?

The announcements this week that the United States Preventive Services Task Force has decided healthy men shouldn’t get the P.S.A. blood test is long overdue, but nonetheless very welcome news.
The test, which ostensibly screens for prostate cancer, is notoriously inaccurate, delivering a high rate of false positives and false negatives. And, men who get these tests have no greater chance of surviving the test than men who don’t.
Seventy percent of positive PSA tests are false positives; the patient does not have prostate cancer. Worse, these false positive tests often result in more tests and treatments that then result in impotence and incontinence and in some cases, premature death. According to the chair of the Task Force, “This test cannot tell the difference between cancers that will and will not affect a man during his natural lifetime. We need to find one that does.”
Over a twenty year period, about a million men got prostate surgery, radiation, or a combination as a result of a PSA test. Of those, about 5000 died soon after surgery, and from 10,000 to 70,000 suffered serious complications, and 200,000 to 300,000 were incontinent, impotent, or both. The dimension of the problem was starkly illustrated when the test’s developer called its widespread use “a public health disaster.”
There are passionate and dedicated folks who will argue vehemently that PSA tests are necessary and save lives. Unfortunately, many have become part of a campaign financed almost entirely by the pharmaceutical industry. I engaged in a dialogue for some time with one of them, and despite my best efforts, his conclusion is that the test saved his life and therefore others should get it as well.
It’s one thing to talk population health and an entirely different thing when one is talking about the health of one’s family or self. Unfortunately, well-meaning people often confuse the two – and this is what has led them to advocate for a test that is:
– costly (PSA tests range in cost from $70 – $200, plus the office visits, or about $3 billion a year just for the tests in the US);
– results in surgery that kills about five thousand men over a twenty year period and
– causes impotence and/or incontinence in 20% to 30% of patients
Some will argue that more recent developments in surgery have delivered better results – I’d say it’s too early to tell, which is why the Task Force used a database that would allow them to see effects over the long term.
What’s the net?
PSA testing is a great example of business masquerading as good medicine,
funded by businesses who profit from the test, who arguably, are partially responsible for the deaths and suffering of thousands of men.
It’s also a great lesson on why we need more science education in our schools, so so many of us would actually understand what a disaster the PSA test has become.


Oct
5

Hiring – RN case management pro wanted

I’ve never used MCM as a recruiting tool, but there’s a first time for everything.
An HSA consulting client is in the market for a managed care expert, specifically an RN with solid experience in workers comp medical case management/UR.
The client, an insurer in the midwest, is looking for an experienced, entrepreneurial and motivated nurse case management professional to manage the entire NCM function and support medical management in their workers comp claims operation. If you know someone who’s got deep experience in work comp medical management, is looking to make a difference, and wants to work with great people in a very solid organization, let them know there’s opportunity here. Or, if you’ve always wanted to help set up and run a nurse case management department, drive results and outcomes, and develop and manage relationships with NCM firms, you know this kid of opportunity doesn’t come along very often.
Shoot me an email – with resume – at infoAThealthstrategyassocDOTcom. I’ll pass it along to the client, and you’ll hear back from them.


Oct
5

What’s with all the M&A activity in work comp?

Up until this week, it looked like this fall M&A in the work comp services sector was going to be at an all-time high. Now, with Greece in default, the Euro in serious trouble, and markets looking for yet another bottom, things may slow down – or perhaps even stop.
While some would think foreign debt problems wouldn’t have much to do with whether a private equity firm or larger rival buys a company, there’s no question those kind of macro factors have a significant influence. Its not unusual for a merger or outright purchase to include substantial funding from debt as the buyers seek to leverage their equity investment. While this can make for even better returns for the buyer, it can also saddle the target company with a significant debt burden that can hurt cash flow, hinder investment, and drag down results.
Perhaps its folks trying to make a splash at the comp conference in Las Vegas in early November. It could be the expiration of the Bush tax cuts at the end of 2012 is driving owners to sell before Uncle Sam’s take increases. Competitive pressures are also a factor; some owners are likely seeing some of these deals (OneCall buying RayTel, STOPS, Express Dental; MSC’s purchase of Integrated Health, Sedgwick’s continual pursuit of complementary businesses) as the big getting bigger, and figure they better sell before they can no longer compete with rivals who far outweigh them.
More sophisticated sellers likely realize the uptick in claims frequency we saw last year produced a nice bump in claims (and therefore business volume), a bump that has, in all likelihood, disappeared as the structural decline in frequency resumes it’s 19 year long decline. Of course this only helps the frequency-driven businesses, and has little if any effect on sectors that are more affected by severity.
Then there’s the impact of regulatory changes, with Illinois leading the charge (for now); ongoing cost pressures on traditional work comp services; and let’s not forget the desire on the part of some investors to pull money off the table.
Remember private equity firms have a portfolio of investments – some are doing well, others so so, and still others have tanked. Their investors are expecting outsized returns, so occasionally a private equity company has to sell off one of its stars to balance a portfolio laden with underperformers.
Finally, it’s become apparent to me that the level of involvement with and depth of knowledge about the work comp services space has grown significantly within the investment community. Sure, there’s still a lot of noobs out there who don’t know a claim from a claim, but the folks who’ve spent some time in this business are getting pretty good at spotting trends and opportunities.
Expect to see a few more deals announced before, during, or just after, the Vegas comp conference.


Oct
4

Medical costs are flat; premiums are way up – why?

I’m not the only one befuddled by the disconnect between private health insurance premiums and costs – you’ve probably seen the headlines screaming about health insurance costs going up, but you may have missed the way-back-in-the-business-section blurb about underlying costs moderating last year.
For some reason, most of the main stream media, including the editorial writers at the New York Times, are missing the real story here.
According to today’s NYT, the main reasons costs went up, “analysts say, were increased medical care costs and higher profits for insurance companies, which charged a lot more in premiums than they paid out for medical services.”
I don’t see how an underlying medical trend of one percent, coupled with another point and a half increase due to new requirements from health reform, could possibly be considered a “main factor”, especially when together they accounted for less than a third of total overall premium increases of nine percent.
Reform’s contribution

Some are yowling about the impact of the Accountable Care Act on health insurance costs – but their noise is driven much more by ideological positions and not careful analysis.
The two parts of ACA that affected premiums in 2011 a) required insurers to maintain coverage on children up to age 26; and b) required most insurance plans cover preventive services like cancer screening and immunizations at no cost to patients. About 2.3 million ‘new’ young adults were covered by their parents’ policies and 28 million workers and dependents got the preventive care coverage.
Why aren’t medical costs increasing?
My sense is the explosion in high deductible plans is, indeed, keeping a lid on health care costs. Many of the folks with these plans don’t have enough money in their health savings accounts to cover those deductibles, which are often about $5000. Thus, while they ‘have insurance’, they don’t have access to care. They are putting off tests and routine visits, not buying their medications, holding off on elective surgery, and otherwise delaying care. Undoubtedly some of those foregone services will not affect their health status, but it is also highly likely that some people will find their delay and deferral has quite negative consequences.
So why are premiums up so much?
Simply put, because there’s nothing (except the ACA’s medical loss ratio requirements) preventing insurers from increasing premiums as they see fit. Remember for-profit health plans’ primary obligation is to create and protect wealth for their owners. That’s not a value statement or objection, but a confirmation of reality. Not for profit health plans have to generate positive cash flow as well, but most of their providers are ‘for profit’ and therefore looking to maximize their earnings.
As long as employers are going to provide coverage for employees and help pay the premiums, why wouldn’t insurers increase premiums? Sure, every year more and more employers drop coverage, but that’s going to change in 2014 when they are required to offer insurance (well, sort of).
What looks increasingly likely is more health plans will hit the maximum medical loss ratio threshold, wherein they will have to refund money to policyholders. But that’s of little comfort to employers and families facing premiums up yet another nine percent…
What does this mean for you?
Family premiums will be over $30,000 a year in eight year
s.
Merrill Goozner has another take on the issue, one well worth considering.


Oct
3

Rick Perry, government and health care

Exactly what role should government have in health care? What does Rick Perry think? And more importantly, what has Perry done?
There’s a good deal of evidence that Perry used his position and influence to award millions in taxpayer dollars to his financial supporters, even when those awards were not in keeping with conservative ideology or didn’t make much business sense.
According to a lengthy and well-researched piece [sub req] in the New Republic, Perry’s been a big supporter of health care ventures, especially when those ventures are tied to people who’ve been big supporters of Perry. That’s not unusual: politicians help those who help them.
What may be a bit unusual is the extent of Gov. Perry’s use of taxpayer funds to support selected health care entrepreneurs, and the abysmal performance of several of those lucky entrepreneurs. A couple of examples (there are more) are instructive.
Perry awarded $50 million of taxpayer funds to the Texas Institute for Genomic Medicine (TIGM) at his alma mater, Texas A&M. Most of the $50 million went to supplies and software from Lexicon Genetics – a company in which one of his major contributors was an investor. After several years, the TIGM has little, if anything, to show for the investment; it has ten (10) employees who appear to spend much of their time doing not much. (When the President of Texas A&M complained about the ongoing annual $2 million expense, she was summarily dismissed by the Perry-controlled Board of Regents)
Another $50 million went into the National Institute of Therapeutics Manufacturing (again at the direction of Perry and his associates, and also at Texas A&M). The NITM is still in development, and is closely allied with several of Perry’s financial supporters.
Then there’s the furor over Perry’s support for mandatory HPV vaccines for Texas’ girls, a furor generated in part because Perry’s former chief of staff was lobbying for Merck, the vaccine’s manufacturer and direct contributor of some thirty thousand dollars to Perry over the years plus perhaps a few hundred thousand more via other channels. http://www.washingtonpost.com/politics/perry-has-deep-financial-ties-to-maker-of-hpv-vaccine/2011/09/13/gIQAVKKqPK_story.html
Finally, one would do well to remember that Perry, who advocates repeal of the health reform bill and leaving reform to the states, presides over the state with the highest percentage (28%) of people without health insurance. Over a quarter of the state’s population has no coverage.
That’s eleven points higher than the national average.
So, what?
Perry doesn’t seem to be a conservative as much as a politician of the old school; rewarding friends and financial backers and hammering enemies regardless of their political ideology.


Sep
29

Muppets and health wonkery

This fortnight’s edition of Health Wonk Review is ably hosted by Joe Collucci of the New America Foundation – just like the muppets, it is short and sweet.


Sep
29

Opioid abuse in work comp – the dialogue

Safety National’s Mark Walls has started a great discussion about the use – and abuse – of opioids in workers comp on his LinkedIn Group.
I’m struck by the quality and volume of responses to his post – in a couple hours, Mark generated a couple dozen comments including one from MyMatrixx’s Phil Walls RPh, one of the most thoughtful individuals I know in the PBM space, and another from a psychologist, David Dietz, with a different perspective. Dr Deitz notes that there’s much more to this than just the drugs, and his views are well worth thoughtful consideration.
I applaud both – and (almost) everyone else – for engaging in the discussion.


Sep
28

Health insurance premiums up, but costs aren’t. Huh?

It was all over the news yesterday and this morning- health insurance premiums are going up at near-double-digits. Front page in the NYTimes, and a top story in hundreds of other media outlets.
Premiums were up nine percent, yet health care costs (for commercial insurers) had increased less than two percent in 2010.
What gives?
The bad news was triggered by another in the never-ending series of great research from the Kaiser Family Foundation on all things health care related. This latest report contains much in the way of valuable information, but we’re going to focus on the biggie – insurance premiums increased 9 percent this year, and now top $15,000.
Premiums increased 113% over ten years; if this rate persists, and there’s no reason to think it won’t, we’re looking at family premiums above thirty thousand dollars in less than a decade.
But just a couple days ago, Mark Farrah and Associates reported commercial health plans’ medical trend rates were at a historical low.
So, how can premiums go up nine percent while underlying costs only increased two percent? How does that work? Premiums go up more than four times as fast as the cost of goods sold?
According to the piece in the NYTimes,

“Aetna and United Health/Oxford said their requested rate increases in New York largely reflected actual hospital, physician and pharmacy costs. “Our rate requests are simply keeping pace,” said Maria Gordon Shydlo, a spokeswoman for United Health Group/Oxford.”

Yet MFA’s research indicates that those costs didn’t increase anywhere near nine percent in 2010. Health plans are saying that costs will increase faster this year for myriad reasons, and therefore they have to stay in front of those increases. That may be true, and it also may well be true that health plans are looking to sock away as much cash as possible for the investments they’re making to prepare for the post-reform world.
But that’s beside the point. Which is, could your business operate this way?


Joe Paduda is the principal of Health Strategy Associates

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