Insight, analysis & opinion from Joe Paduda

Mar
11

Workers comp in 2012 – the economy’s impact

My post earlier this week re three major trends that will affect work comp in 2012 generated a few comments from friends and readers. One of the more pointed was from a claims exec, who noted he’s seen “a major shift in the employer’s appetite over
the past 3 years or so to return people back to work during their period
of recovery. The new post recession attitude – why bother, I have 50
people waiting in the wings for jobs that I can back fill!
” Especially
true for lower end, less-skilled positions…So now as a payer, I have an injured worker with no job to go back to – wow, that’s a recipe for higher severity rates…”
Unsaid was a related issue – employers have lots of applicants from which to choose, making it difficult to place a recovering worker.
We are well into what feels like a somewhat halting, not-terribly-robust economic recovery. Although the employment picture is brighter than it was a year ago, the glow is still pretty dim. Payers seeking to re-employ injured workers, especially those from jobs in construction and manufacturing, are having little success. This inevitably leads to longer claims duration as claimants seek to maintain their cash flow by remaining on workers comp.
In turn, this can lead to more medical expense as claimants seek physical therapy, drugs, and other services to keep the medical treatment flowing.
The system-wide implications are clear – higher claims severity due to longer duration.
This won’t get better until employers’ demand for workers increases considerably, something that may not happen for another year, or perhaps two.
Another colleague had a rather different take, one that reminds us of the perils of unintended consequences. This exec noted that while they’ve run into employers like the one above (and by the way, they won’t be insured by his company, a mid-tier insurer, very long) the majority were handcuffed by the economy and couldn’t accommodate due to financial reasons. The incidents of financial hardship were much more significant
than the availability of abundant labor.
That said, yesterday he had a very interesting meeting with a very large trucking firm in who can’t hire drivers fast enough. Their biggest issue (supported by their consultant/broker who represents a large number of trucking firms with the same issue) has been with the government’s extension of unemployment benefits. They have a spreadsheet with names of potential drivers and when their unemployment will run out. These potential employees have been very open about their intention to enjoy the extended unemployment benefits. In the meantime, this insured can’t stay up with the significant spike in demand over the last 6-8 months.
Obviously this is not work comp related, but one has to wonder if drivers who are on workers comp are also choosing to stay at home rather than get back out on the road. This may well be – in some instances – the case, but I’d note that this is the age-old problem with work comp, and isn’t directly related to economic cycles.
There’s another factor complicating claim closure – MSAs. We’ll dip into those waters next.


Mar
8

ExamWorks – what’s the strategy?

ExamWorks’ latest financials were published last week. After taking a quick look, and reflecting back on a couple conversations with folks who know their business, I’m a bit puzzled.
For those unfamiliar with the company, ExamWorks is a relatively new publicly traded company that provides Independent Medical Exams and related services throughout the US. Their strategy is acquisition-driven; they are ‘rolling up’ other IME companies and seeking to reduce costs, thereby driving increased profits.
Their management profile is intriguing. Executives have similar backgrounds – looks like they all worked together in the past at companies such as PracticeWorks (a dental practice software company) and TurboChef. Doesn’t seem to be much workers comp or auto IME experience among the senior folks.
So here’s what’s got me puzzled.
First, ExamWorks reports something called ‘adjusted EBITDA’, a non GAAP (generally accepted accounting principle) measure. For we non-accountants, adjusted EBITDA is one of those nebulous reporting categories used by companies (often those growing thru acquisition) trying to show financial results when using GAAP numbers would produce numbers that, according to the companies using them, would not be representative of their real financial status. In terms of actual expenditures, it’s hard to figure out what exactly is included, and not included in ‘adjusted EBITDA’.
Here’s how ExamWorks defines the term – “Adjusted EBITDA [is] earnings before interest, taxes, depreciation, amortization, acquisition-related transaction costs, share-based compensation expenses, and other non-recurring costs.” Two terms stand out – “acquisition-related transaction costs” and “other non-recurring costs.”
Fortunately, as a publicly traded company, ExamWorks is required to use GAAP standards; when these are used the numbers become a bit more clear – for 2010, their actual net was a loss of $5.4 million. That’s not necessarily a problem, after all this is a high-growth company expanding thru acquisition, a strategy that necessarily results in higher costs early on, costs that hopefully disappear and are overtaken by the fruits of the acquisitions.
That is, if the growth-by-acquisition strategy actually works.
ExamWorks (EW) embarked on a massive acquisition spree a while back, with the biggest recent deal involving MES, which was acquired for $170 million in cash and more in stock. That deal, and the many others EW has consummated over the last year plus, is an attempt to own the market, to become the dominant national provider of IME and related services.
The problem with the strategy, and more to the point the future of the company, lies in two areas – revenue cannibalization and scale.
Revenue cannibalization – or, the whole is less than the sum of the parts.
Most workers comp payers like to spread their IME business among at least two, if not several vendors. Now that EW has bought up many of its competitors, these payers don’t look at EW and MES or BME Gateway or any of their other acquired companies as different; the payers, quite logically, consider them to be one and the same. As a result, business that was going to, say MES because it was a competitor of EW is now going to go somewhere else. Not all of the business, and perhaps not even much of it – but certainly some.
The implication is clear – the companies EW is buying may well see declining revenues as a result of the acquisition. And, it follows, the revenues produced by EW may well be less than the sum of the revenues generated by all the companies they acquired.
In the most recent earnings call, EW execs stated words to the effect that they were going to maintain the MES sales force as a separate and distinct entity, perhaps as a way to address this issue. While we in the work comp business may be slow, most of us will eventually figure out it’s the same company, and payers will shift business around to ensure they spread it amongst different vendors.
Which leads us to the next issue, scale.
We’ll leave aside the question of how expenses can be reduced if the company is paying for two competing sales forces, and focus on the Cost of Goods Sold.
The IME and peer-review services business has a cost structure that is based to a large degree on variable costs – primarily, what they have to pay the physicians who deliver the expert opinions. As a ‘craft business’, this doesn’t lend itself to scale-driven profit increases – the more IMEs they sell, the higher their variable costs are. Sure, there are some benefits to scale, such as smaller sales forces, consolidated IT and corporate administrative functions and the like, but these are small potatoes compared to the physician expense.
I suppose EW could try to negotiate better deals with their physician experts, but that isn’t likely to meet with much success. IME docs are a) in short supply; b) can offer their services through a rival IME company; c) payers like opinions from ‘good docs’ and will go to the IME provider who has those good docs on their list; and on a related note, d) quality is really important to most payers, who won’t like it if their IMEs are done by docs who don’t ‘get’ workers comp/auto.
EW’s investment proposition is to a large extent focused on generating outsize margins from a pretty labor-intensive business. Their forecasts call for EBITDA numbers approaching, and eventually surpassing, the 20% of revenue mark. I don’t see how this is possible. People in the business today who run companies in the same space, and do it quite well, can’t come near this figure. Most are pretty darn pleased with an EBITDA in the low teens, and a ten percent figure is pretty much industry standard.
If this was a high-fixed-cost/low-variable-cost business like the PPO industry or software, or relatively new (MSAs), we could reasonably expect a very well run, large player could deliver outsize margins. The IME business is neither. It is a mature industry, with companies operating in a highly competitive market with high variable costs.
In fact, as claims frequency continues its structural decline, the underlying driver of their business – the number of work comp claims – will continue to shrink year after year. Add that to the very real issue of regulatory risk, and you get an investment picture that’s rather risky.
I don’t doubt the management of EW has successfully built companies in dental practice management software and commercial and residential cooking. I’m not so sure they’re going to have much success in the IME business.
Finally, I’m completely befuddled by Wall Street’s apparent inability to understand these issues. For example, Goldman raised their six month share price target by a buck after the numbers came out. I would note that Goldman was a lead underwriter of their IPO…
Thanks to WorkCompWire for the heads’ up.


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
4

The Republicans on health care reform

The health reform battle may well be decided in the state houses. Two events lead me to that conclusion.
First, as Bob Laszewski observed this morning, President Obama threw his support behind “the Wyden-Brown bill that would give the states the opportunity, in 2014, to take their share of the almost $1 trillion the new health law collects and use it to craft an alternative health care plan to their liking.”
The implications of passage of Wyden Bennett are clear – governors and legislators with grave concerns about some/most/all aspects of the Accountable Care Act and implementation thereof are (almost completely free) to come up with their own solutions.
And the GOP is in a very strong position to do just that.
I sat in on a session at the National Association of Mutual Insurance Companies’ annual meeting yesterday that focused – in large part – on the dramatic, game-changing outcome of the last election. The speaker, Neil Alldredge of NAMIC, noted that the GOP added 700 seats in state legislatures, the first time since 1966 that a move this momentous had occurred. This effectively puts the GOP in charge of all branches of government in a third of the states – sixteen to be exact.
If the governors and legislators in those sixteen, or, for that matter, any of the fifty states think they’ve got better answers, passage of the Wyden Brown bill will give them the freedom to put their ideas to work.
It’s easy to be in opposition – especially when the issue is health care. There are big and knotty issues with the Accountable Care Act; lets all hope the various states come up with better answers to our crisis of cost and coverage.
It will be very, very interesting to watch the solutions developed by Republicans and Democrats and Independents in the states. So far, two states – Vermont and Oregon – have begun major efforts to develop their own alternatives. If Republicans have a better answer, one that solves the problem of access and cost, they’ve got a great opportunity to get it out there for public review.
And if their solution is better, they are going to win very, very big in 2012.
We’ll see.


Mar
3

Health Wonk Review is posted

For his third time up to bat, Jared Rhoads is hosting Health Wonk Review over at the Lucidicus Project. Get the latest bi-weekly dose of health wonkery from the best and the brightest of the health policy blogs. Thanks Jared!


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.


Joe Paduda is the principal of Health Strategy Associates

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