Insight, analysis & opinion from Joe Paduda

Feb
25

Health care factoid of the week

A fifth of Americans polled think the health reform bill has been repealed.
And another quarter aren’t sure.
There, in rather stark terms, is a synopsis of the American electorate’s engagement in – and awareness of – the health care debate.

The news, from the latest Kaiser Health Tracking Poll is the clearest indication to date of the lack of effective reporting by the media on the health reform battle. That, and a blunt assessment of at least half the respondent’s knowledge of civics.
It is easy to blame the media – and some blame is well deserved. But much more should be assigned to those ill-informed, and uneducated, respondents. These people, some of whom may actually vote from time to time, are almost certainly basing their political opinions and candidate preferences on opinions that have little basis in reality.
The onus is on us. We have to inform ourselves, understand the process, intent, and implications of public policy. We have to engage with others on the basis of fact and insight, not emotion-based opinion. We need to check our sources, and question our assumptions.
If not, we’ll end up electing more Rick Scotts and Rob Blagojoviches.
And that is a very scary proposition.


Feb
24

Opioids in workers comp

An article about opioids and chronic pain featured in WorkCompCentral‘s [subscription required] professional columns section this week should be required reading for anyone involved in comp.
The explosive growth in the use of opioids among the general population, and specifically among workers comp claimants, is well-documented. When drug seeking hits the front page of USAToday, you know it’s well past the point of becoming a national disaster.
The piece, authored by Dr Steven Feinberg, provides an excellent overview of the issues inherent in managing pain with opioids – here are a few notable insights.
– there’s been a “dramatic increase in accidental deaths associated with the use of prescription opioids and also an increasing average daily morphine equivalent dose…”
– the lowest effective dose of opioids should be used along with patient agreements, random periodic and targeted urine testing
– at this time there is no clear evidence that long-term opiate therapy for chronic back pain is efficacious. (about half of work comp narcotic scripts are for claimants with back issues)
– ACOEM’s 2008 pain chapter guidelines suggest “opioids should not be used when there is no evidence they provide increased function.” Read this again – functionality is the key to prescribing, not pain.
There are a wealth of sources of information about appropriate usage of opioids freely available on the web. All the reputable ones are pretty much in agreement – for non-cancer patients, opioids may be helpful in facilitating a return to functionality, but long term usage is fraught with problems, many of them serious.
What does this mean for you?
If you don’t have a opioid strategy, now may be a good time to put one together, or ask your PBM for guidance.


Feb
23

Medical devices – an ‘exemplary’ safety record.

Last week I wrote on how CMS can save big bucks on Medicare expenditures – negotiate directly with pharma for drug prices for Part D, and base reimbursement for devices on effectiveness and efficacy.
Add ‘safety’ to the list of reimbursement standards.
A post on Care and Cost reinforces the importance of the device issue; contributor Merrill Goozner reports on the ‘recall rate’ exhibited by devices that passed the FDA’s safety review. For the superficial statistician, the figures touted by industry backers sound reasonable – 0.4%, or 4 out of every thousand devices are recalled.
Here’s Merrill…
“Put another way, for every million people who get those devices, 4,000 people are subjected to a faulty product whose failure could put their health at risk.
Now let’s compare that to the “Six Sigma” quality standards used by manufacturers of cell phones and flat-screen televisions. Six-sigma, for those not familiar with the concept, was adopted by Motorola in 1986 so it could compete with its Japanese competitors. Such firms aim to make products 99.99966 percent defect free. That’s 3.4 defective products per million made.”
Here’s how a researcher stated his case in written testimony: “(Recalls are an indicator of major device problems that have the potential to negatively affect patient safety and/or device effectiveness.) Such results demonstrate that serious device-related safety problems are extremely rare. [emphasis added]
So. A quality rate that is dramatically lower than that deemed acceptable in the cell phone, mail-order pharmacy, or electronics industry is somehow acceptable, even ‘exemplary’, by medical device manufacturers.
Why?


Feb
22

Florida’s addiction problem – Rick Scott

Several states have implemented prescription drug monitoring programs designed to identify potentially problematic pharmacies, physicians, or patients – those dispensing/prescribing/getting drugs that could cause significant problems.
Florida’s new Governor, the health care expert Rick Scott, thinks Florida shouldn’t have one, and is trying to repeal the law passed last year that got more sunshine into the Sunshine State.
Evidently Scott’s complaints are the cost, privacy, and effectiveness of the program.
These complaints appear to be based on ignorance – at best.
– 34 states already have such programs up and running
– the annual cost runs about a half-million dollars, but all the start up money has already been raised from private donors.
– privacy is guaranteed as the program – already developed – is HIPPA compliant.
So, for a half million dollars, much of it already committed from private funds, the state would be able to help prevent some of the 2500 deaths associated with prescription drugs that occur each year in Florida.
For those inclined to do the math, that’s two hundred bucks per death.
Instead, Florida continues to be a destination spot for out of state tourists seeking drugs, drugs they can’t get in their own states that have implemented prescription drug monitoring programs. This from an article in the EWall Street Journal: “According to Frank Rapier, director of the Appalachia High Intensity Drug Trafficking Area, highway patrol officers in hot spots like eastern Tennessee routinely stop vanloads of people returning from Florida with fresh stockpiles of prescription drugs.
In West Virginia, state Sen. Evan Jenkins said flights on discount airlines between Huntington, W. Va., and Fort Lauderdale, Fla., have been dubbed the “Oxycontin Express.”
But the problem isn’t just the pills. The devastation wrought by prescription addicts getting pills from Florida is crushing towns far away from Rick Scott’s home state. According to the Sheriff of one small county in Kentucky, “98 percent of the crimes his office works are related to oxycodone and 80 percent of those involve pills from Florida.” The county coroner says two-thirds of his deaths are from pills.
For some of those tourists, the trip is only one way. Drug-seeking people from states as far away as Ohio routinely drive to the Sunshine State to get their fix, occasionally dying on the way home from the meds they’ve scored in Florida.
I stopped doing research on this as the story is so big, the tragedy so wide-spread – and so preventable – that I couldn’t continue.
Scott’s effort to repeal the law is unconscionable.

What does this mean for you?
Elections have consequences.


Feb
21

Workers comp bill review – what should your savings be?

That’s a question I’m hearing more often these days, often one of the first voiced by payers wondering why their medical cost trends are escalating. I’m not sure that’s the right question to ask in most instances, but the answer can provide insights and direction into what’s happening with your costs, and why. For now we’ll leave aside the issues inherent in using BR savings as a ‘standard’ and focus on how- and why – vendors ‘game’ the numbers.
There are bill review benchmarks from national vendors, estimates provided by companies competing for your business, and ranges long viewed as industry standards. These ‘benchmarks’ can be gamed, inflated, distorted – and often are – but in the absence of any national public database, they’re all many have access to.
Bill review savings are reported as a percentage below the applicable fee schedule or usual and customary in non-fee schedule states. One would think this is an objective result, and therefore there should be little variation, and in an ideal world, one would be right. However, there is almost always a bit of judgment involved in determining what the ‘right’ fee schedule amount is and what state rules apply. The complexities are many, and the justifications, while often thin, are given to payers unequipped to refute the vendor’s statements.
The fact is, different vendors often deliver very different results processing identical bills from the same jurisdiction, with some showing deep reductions from applying FS and others not. Without getting bogged down in the niceties of methodologies – the ‘how’ , let’s look at the ‘why’ vendor BR savings vary.
Simply put, follow the money.
Most BR these days is priced on a flat charge per line or per bill; the days of BR fees based on a percentage of savings below billed charges are pretty much over – and good riddance. The results from my firm’s 2009 survey indicated fees run about $7-9 per bill (we’ll do another survey and publish results this summer). Most BR vendors also charge for additional ‘value-added’ services on a percentage of savings basis – typically 25% of savings delivered on top of fee schedule/UCR cuts. That’s where the…variation usually lies.
The financial motivation is obvious; the vendor gets the same fee for processing a bill whether they deliver $1 or $1000 in BR savings, but their compensation for the ‘value-added’ services is based on the savings that are delivered – the higher the ‘savings’, the greater the fees for the vendor.
Therein lies one explanation – perhaps the most significant one – for the wide variation in BR savings percentages. In my consulting practice I’ve had access to reports from several of the larger BR vendors, and the variation can be as much as 300 percent from vendor to vendor. Yes, you read that right – one vendor’s ‘bill review’ savings in a state can be three times higher than another’s.
Almost always the vendor with the lower FS savings delivers great results from ‘nurse review’, ‘complex bill review’, ‘coding edits’, ‘unbundling and upcoding review’, or whatever they call it – suffice it to say that the savings delivered from these ‘extra, value-added’ services – when added to the ‘standard’ bill review reductions – are usually only a bit higher than other vendors who don’t have all those extra, value-added add-ons.
That’s not to say that some savings can – and should – be derived from careful and professional review of bills – coding and clinical reviews are often helpful. One of my clients, FairPay Solutions, does a terrific job doing just that for facility bills in many states, delivering savings far above those provided by standard bill review. But these additional savings shouldn’t come from most – or even many – bills, and their contribution to total savings percentage should be in the single digits.
If they’re not, start asking questions and making comparisons.
What does this mean for you?
In bill review, you don’t always get what you pay for. Sometimes, you pay far too much for what you get.


Feb
18

Workers’ comp state reporting – what to do with the bus?

Good friend and colleague Bob Laszewski once used an analogy that has stuck with me -“It’s like the dog chasing the school bus; what’s it going to do if it catches it?
I’m often reminded of Bob’s aphorism when state reporting of workers comp medical information is the subject.
Several states (Texas, California, Florida, Oregon among them) require workers comp payers to send electronic files with extensive detail on all medical bills received, processed, and paid. This has created an entire industry – or more accurately, a sub-industry – of vendors specializing in providing this service for bill review companies, PBMs, and other payers who don’t want to – or can’t – do the filing themselves.
I’ll make a wild guess and estimate workers comp state reporting adds $5 – 10 million in ongoing additional admin cost to the system; much more if one adds start up costs.
What does the system – employers, injured workers, providers, payers – get for their millions? To answer that, one has to know what the various states do with the information. Texas has used the data for various studies, some of which have been useful and others less so.
I’ll have to admit I’m not entirely clear on what each and every state does, but I do wonder if all the effort is worthwhile – if the benefit to society and the stakeholders is commensurate with the cost.
I’m interested in hearing what value readers see from the work – how is state reporting benefiting the industry, premium payers, and injured workers?
Responses are welcome at infoAThealthstrategyassocDOTcom.


Feb
17

Florida’s Medicaid ‘Fix’ – What are they thinking??

Or perhaps more accurately, what are they smoking?
From HealthNews Florida comes the news that a state Senator, one Joe Negron (R Stuart) has come up with the brilliant idea of shoving most of the state’s Medicaid beneficiaries into a state-run ‘managed care’ program – and if the Feds don’t like it, well, then, Florida will just do it without the billion-plus dollars the Feds contibute to Florida’s Medicaid program each year.
And that’s only this year. When reform kicks in in 2014, the dollars really start to flow, with the Feds contributing $24 billion to the state for the five years after 2014.
This isn’t speculation; Negron was recently quoted saying “as a state we’re prepared to manage our own program with our own resources.”
Florida – which is as broke as it could be – is about as likely to forgo a billion bucks of Federal assistance than I am to start at center for the Miami Heat.
This Negron is no dummy – his bio includes an MPA (master’s in public administration) from Harvard – but his grandstanding makes zero sense. Sure, you can chalk this up to political noise, but some of his other comments make you wonder if he really has any idea what he’s talking about.
For example, Sen Negron wants to require the new Medicaid managed care plans to:
– have a minimum Medical Loss Ratio of 90% – that’s a full five points higher than the requirement under ACA;
– increase physician reimbursement; and
– ensure the”benefits under Medicaid will not be worse than what any private citizen has, but not better, either.”
And this is somehow going to cost Florida taxpayers LESS than traditional Medicaid program?
Perhaps the Senator just isn’t very good at math. Forcing insurance companies – for profit insurance companies – to accept an MLR of 90% – and to pay docs more – and to provide benefits that – in his own words – are equal to those received by private citizens – is going to cost a fortune – waaaay more than a regular old run-of-the-mill Medicaid program.

Let’s see. An insurance company has to make about a three percent profit – ideally more, but less than three percent and no one’s going to provide the investment funds to get the thing started.
Now, we are also dealing with Medicaid patients, many of whom have chronic conditions that don’t lend themselves to doctor-only management and require investment in disease management programs that are heavy on IT and clinical support service requirements. The health plan also has to communicate, provide information and resources and interpreters, credential, contract with, and manage providers, manage pharmacy spend, and market their services to potential members.
Plus they need to have a supply of cash in the bank for claim reserves in case there’s a flu epidemic or other event…
Oh, and they have to be on the watch for fraud – you know, the kind that went on at the current Governor’s former company, the kind that resulted in a $1 billion plus fine.
And do all this for seven points?
I’ve worked for major health plans – both as an employee and consultant, and there’s no health plan in the world that can do that – except Medicare, which doesn’t have to worry about claim reserves, or investors, or distribution, or a lot of other stuff that costs money.
What does this mean for you?
I guess they don’t teach finance at Harvard’s public administration program…or perhaps Negron missed that class.


Feb
16

Web advertising on MCM

In what has to be the irony of ironies, my experiment with Google Ads has AHCS advertising on MCM.(it may not come up on your page as Google has some weird way of determining what you see)
Their ads even appear on my blog posts about the suit…
Yes, that’s the same AHCS, the AHCS that sued me last fall for defamation, libel, and a bunch of other awful things (case has since been thrown out of Federal court on a technicality; if they refile you’ll be the first to know…).
I’ve been a somewhat reluctant advertiser as the thought of making money because people click on ads on my site, ads that may bring them to companies like AHCS, makes me…uncomfortable?
I know, I can block them, but I think it’s kind of funny that AHCS will end up paying me when people click on their ads. Then again, they could always block my site…


Feb
16

Narcotic opioids in comp – Cephalon’s role

Narcotic manufacturer Cephalon is back in the news, once again facing an investigation focused on the use of Fentora, a Schedule II narcotic, in workers comp cases.
Fentora is only FDA approved for breakthrough cancer pain – a condition quite rare in workers comp. The investigation apparently stems from allegations around Cephalon’s efforts to promote the use of Actiq(r) and Fentora(r), their highly potent narcotics for workers comp patients.
Those efforts were quite successful, estimates indicate ” in the first half of 2006 approximately 99% of the 187,076 Actiq prescriptions filled in the U.S. were not for cancer patients.”
actiq_Drug-300x300.jpg
Cephalon recently disclosed the following: “In January 2011, we received a subpoena … in connection with an investigation relating to Postal Service employees’ workers’ compensation claims. The subpoena requests that we provide to the Postal Service documents pertaining to FENTORA. We understand that this investigation is being conducted by the Postal Service in conjunction with the Civil Division of the United States Attorney’s Office in Philadelphia.” (from Cephalon’s latest SEC filing).
This latest investigation is not exactly the first instance of this type of conduct. In fact, in an earlier court ruling, the judge said “data suggested that more than 80% of patients using Actiq did not have cancer,” and “oncologists accounted for only 1% of Actiq prescriptions filled at retail pharmacies in the U.S.” [emphasis added] It is possible that oncologists are dispensing Actiq from their offices, although that’s rather difficult and complicated due to rules and regulations about storage and protection of Schedule II narcotics.
In 2007 Cephalon paid $425 million in fines and interest stemming from its promotion of off-label use of another narcotic opioid – our old nemesis Actiq, and another $6+ million to the state of Connecticut for similar reasons. They are also facing RICO (racketeering) and other charges related to allegations Cephalon’s promotion of Actiq and other drugs violated several laws.
As recently as 2008, Actiq was one of the top five drugs in workers comp measured by dollars spent for many payers; Fentora appears on most PBM’s lists of the top 25 drugs.
But it’s not just about the dollars. Actiq has been linked to dozens of deaths from overdose, including one case in Kansas where a doctor operating what can only be described as a ‘pill mill’ was indicted for involvement in fifty-six patients.
Roy Poses wrote four years ago that Cephalon had admitted Actiq was involved in the deaths of 127 people.
It is indeed possible more have died since then…
Thanks to Mike Whitely writing in this am’s WorkCompCentral for the tip.


Joe Paduda is the principal of Health Strategy Associates

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