Insight, analysis & opinion from Joe Paduda

Dec
10

Florida’s solution to hospitals’ financial mess is…

To hear hospital lobbyists talk, you’d think Florida’s taxpayers and employers should subsidize hospital losses by paying exorbitant amounts for hospital care.

Yesterday’s virtual meeting of the State’s Three Member Panel (TMP) featured several hospital lobbyists and officials waxing poetic over proposed changes to workers’ comp facility reimbursement, citing the changes’ “fairness”, describing the TMP’s proposal as a “win-win” and the proposed changes as “reasonable”.

Ha.

After Hoovering hundreds of millions out of taxpayers’ and employers’ wallets for years, some hospitals want to continue forcing those taxpayers and employers to pay rates that are often 8 to 12 times what Medicare pays.  They cited an NCCI analysis that purported to show big system savings.

Unfortunately the analysis itself appears to be a state secret as it hasn’t been shared…so no one except NCCI and the Three Member Panel know what data was used, what time period it covered, the methodology employed, or anything else. That’s unfair to NCCI and to every stakeholder, unwise politically, and unhelpful as parties who like the finding can’t cite specifics, and parties that don’t like it can dismiss it outright.

What these hospital advocates didn’t discuss was the basic unfairness of Florida’s work comp physician reimbursement. WCRI data indicates the State’s docs, PTs, OTs, chiros, and other clinicians get paid less than their colleagues in every other state in WCRI’s report. The changes proposed by the TMP would increase providers’ reimbursement by a whopping 0.9%.

As WorkCompCentral’s Will Rabb reported in an excellent summary of the call,  the TMP is somewhat limited by statute, a challenge noted several times by Ass’t Director, Dept of Workers’ Comp Andrew Sabolic. However, Mr Sabolic’s words to the effect that it isn’t possible to define or determine “reasonable” (a statutory criterion for determining reimbursement) are puzzling. I’d suggest an analogy might be helpful (wish I’d thought of this while testifying on the call yesterday…)

Think of it this way; you pull into a gas station – which doesn’t post gas prices – in your personal car, fill up, and only after you’re done do you find out what you have to pay.

If you pulled into an HCA station, you’re going to pay about 8 times what the driver in front of you who filled up their government-issue car pays.

Under the per-diem plus outlier scheme that is kind of/sort of in place today (although many payers are basing reimbursement on a Court ruling essentially eliminating outlier payments) HCA – and some other mostly for-profit hospitals and health systems – get paid 8+ times Medicare rates.  And that was based on data from 2016; I’d suggest that it is highly likely you are paying even more today.

By any “reasonable” definition that is wildly “unreasonable”.

(A detailed discussion of this is here and here is an excellent report by Johns Hopkins researchers on Florida facility costs (non-subscribers to HealthAffairs have to buy it, but the summary is free)

I won’t get into the bizarre multiplier scheme proposal; suffice it to say that it is unique, hasn’t been used in any other state, is not based at all on what it actually costs a hospital to deliver services, and is completely game-able; any hospital can increase their reimbursement by a factor of 5 just by increasing their charges.

I will note that many hospitals don’t wildly overcharge work comp payers; many – but not all – not for profit facilities get paid less than 3 times Medicare.

What does this mean for you?

How is this “reasonable”?

If you want more info on why some hospitals are supporting this scheme, see here.

The TMP will meet December 17 to discuss implementing the changes; you can register here.


Dec
9

Making tele-health work.

It’s easy to dismiss tele-health as unsuccessful – and far too many have done that. That view is simplistic, and wrong.

There are two closely-related considerations that will drive tele-health’s growth.

As with any new technology-driven service, tele-health 1.0 is deeply flawed as it is based on developers’ guesses about what will work. 

Developers got some things right, and a lot of things wrong. User access to technology, internet connection speed, privacy concerns, health literacy, language and translation needs, and basic human fears and communication needs all drive adoption and usefulness.  Too often we don’t think about Maria Gonzalez, the working single mother with two kids living in rural California. Everyone has a smart phone, fast and reliable internet, a high level of comfort with medical providers and excellent English skills…so…we don’t need to deeply and thoroughly think through the what-ifs.

We are learning a lot and quickly. Those who listen, seek to understand, experiment, and keep an open mind will succeed.

Second, I purposely use a hyphenated label as it encompasses all things tele-health. Diagnosis, rehab, follow-up visits, medication checks, remote surgical consults, behavioral health – all are included in “tele-health”.

And all are different, likely require somewhat different approaches, technological support, documentation capabilities, and patient experience considerations.

Recent research indicates there’s lots we can learn – and some are learning – about early use of tele-health.

There’s another factor, one which makes tele-health potentially more helpful than in-office visits.

Clinicians can view the patient’s home, worksite, environment, their kitchen, bathing facilities, and exercise equipment. They can observe their patient exercising, taking meds, measuring their blood pressure or oxygen levels. They can help care-givers learn how to change dressings, administer medications, lift and move the patient.

This is far better than sending the patient home with barely-readable instructions, perhaps written in uninterpretable language, expecting the patient will follow those instructions to the letter with no mistakes.

Tele-health will be one of the topics discussed by workers’ comp program managers in a webinar tomorrow at 1 pm eastern. Registration here is free, courtesy of MTIAmerica.

 

 

 


Dec
8

COVID and work comp: delays in treatment = delays in recovery

Almost 400,000 surgeries (of all types) were cancelled each week during the 12-week COVID peak this spring. 

In North America, almost 1.2 million orthopedic surgeries were cancelled – the vast majority in the US. Across all countries, the orthopedic cancellation rate was 82%, the highest percentage of any type of surgery.

Assuming a 20 per cent increase in baseline surgical volume, the researchers estimated:
it would take countries a median of 45 (range 43–48) weeks to clear the backlog of operations resulting from 12 weeks of disruption due to COVID…
While surgical procedure volumes undoubtedly increased this summer, news reports indicate elective procedures are once again being postponed in Massachusetts and many other states.
Implication – claim durations are going to increase as patients requiring surgery are back on the waiting list. 
Even after elective procedures return, many patients will face weeks of therapy before they recover and return to full functionality.
Which leads us to PT.
The good news comes from MedRisk, a physical medicine management firm. Their annual Industry Trends Report shows post-surgical PT ramped up quickly this summer – after the COVID peak. (MedRisk is a consulting client)
The company also opined that the delay can complicate recovery because patients become “de-conditioned” while waiting months for surgery, although the delay can be mitigated by “pre-conditioning” patients with pre-surgery PT.
What does this mean for you?
These times are different and require different approaches to ensure rapid and complete recovery. “Pre-conditioning” may help your patients come out of surgery in better shape and feeling stronger…yes it’s different, and new, and a bit uncertain – but these times demand flexibility and creative approaches. 

Dec
2

COVID and workers’ comp…where are we?

It’s time to dig back into how and where COVID is affecting workers comp. As this is very much a state-specific situation, we first need to understand what’s happening around the country.

That’s difficult at best.

(if you just want key takeaways, scroll to the bottom)

For starters, it can be quite difficult for a worker to get coverage for COVID; in most cases a worker must:

  • have a positive PCR test or a COVID diagnosis by a physician, and
  • be an “essential worker”, and
  • work in a state with some level of presumption.

Tests were hard to come by – and many were inaccurate – back in the initial March – to – May wave. Presumption laws have been a moving target and are subject to interpretation, as is the determination of who is – and is not – an “essential worker”.

Okay, the data… 

States’ data below are NOT directly comparable; states report things differently and totals are from different time periods. For example, Florida’s data includes only lost time claims that have been accepted or denied. California, Hawai’i, and New York include all claims filed. Can’t tell much from PA’s data…

Remember, occupational disease is NOT handled the same as an occupational injury; in laymen’s terms, in most cases the burden of proof is on the patient to show COVID was contracted in the workplace and not at home.  This from Florida statute:

“occupational disease” shall be construed to mean only a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process, or employment, and to exclude all ordinary diseases of life to which the general public is exposed, unless the incidence of the disease is substantially higher in the particular trade, occupation, process, or employment than for the general public.

California

CWCI’s reporting of COVID and related data is timely, robust, and accessible. As of November 30 – 2 days ago – there were 56,854 claims reported. Almost 19,000 were among healthcare workers and 7,700 suffered by public safety and government employees.

note the light blue indicates projected total claims; dark blue indicates reported claims

A lot of claims incurred in November aren’t included in those figures as they aren’t officially reported yet. So, looking at projections for the period ending October 31, CWCI projects there will be a total of 58,136 COVID claims.

68.1% of claims that have been assessed have been accepted, a rate higher than in most other states.

Overall, claim counts are down 12.9% for the year; that’s a loss of one of every eight claims.

New York

Over 12,000 COVID-related claims were filed, as of October 8,  the vast majority still pending.  To date, about 8,000 of the claims filed are lost time, 184 are receiving indemnity payments and another 5,000 claimants received “voluntary” wage replacement payments from insurers/their employer.

Around 1,230 claims were initially denied…and again, about 3/4ths are still pending.

Hawai’i

On the other side of the country, only about 400 claims have been filed in Hawai’i through October. About half were initially denied, and most are still under consideration. Not surprisingly, a plurality (166) were from healthcare or social workers.

Florida

As of October 31, the Sunshine State has accepted or denied 23,000 COVID-related lost time (LT) claims filed, 13,000 have  been ruled compensable and the rest denied. Key findings include:

  • COVID claims account for 31% of all LT claims filed but only 8% of payments
  • Paid amounts to date show 94.6% of COVID claims cost <$5,000
  • 6 claims of the 23.452 have resulted in benefit payments over $500,000; the average is $800,000
  • the average benefit paid for all closed COVID LT claims is $1,092.

Pennsylvania

PA had 9,510 COVID-related claims as of 11/29/2020;  no indication if those are filed, accepted, include all claims or not.

Texas

Our friends on the border reported 25,571 claims as of September 27, 2020 – the vast majority have not been accepted or are still being adjudicated. Similar to other states, Texas’ data indicates an early peak in April followed by a much higher one in July. Notably there are no data for the last two months.

Although Texas’ Division of Workers’ Compensation refers to the reporting entities as “insurance carriers”, the data actually include self-insured employers’ results.

  • Over a third of claims included a positive lab test for or diagnosis of COVID, but less than half of those were accepted by the insurer/employer (14% are still under investigation)
  • Half of all claims were incurred by workers in healthcare or social service, or first responders
  • The 2,065 accepted claims have driven $4.44 million in medical payments (as of September 27). That number, an average of $2,170 per patient, will certainly increase.

There are a bunch of other states reporting COVID claims, a vast improvement over what we had earlier this year. However, the different criteria used, different timeframes, different claim types and data provided make it difficult to get a clear picture of just how many claims have been reported, accepted, and denied; how many are med onlies vs lost time, how costly they are and on and on.

Key takeaways

  1. My best guess is between 200,000 and 300,000 COVID claims were filed by October 31.
  2. Going way out on a limb here, it looks like about a third have been or will be accepted.
  3. Benefit costs remain pretty low – significantly lower than other indemnity claims – although that opinion is based on slim data about claims still open.

 

 

 

 


Nov
30

Holiday catch-up

Hope your holiday was excellent, and above all safe. Had a very small family gathering here in New Hampshire; brined turkey was deliciously moist.

Okay, back to work; here’s what I found in the inbox.

Congratulations to Kathy Antonello; she will take over as CEO of Employers Holdings early next year.  An actuary by education and former Chief Actuary at NCCI, Kathy is very knowledgeable, deeply experienced, and an excellent communicator. I’ve always been impressed by Kathy, good news for all that she is ascending to a leadership position.

Hospitals are hurting

Elective services have plummeted as patients seem to be avoiding medical facilities. Orthopedics suffered the most; admissions during the first two weeks of October were down almost 15% from the two weeks prior.

It is all but certain things have gotten worse over the last six weeks.

Implication – patients are avoiding treatment for musculoskeletal conditions.

Over the last decade, 134 rural hospitals have closed, with Texas leading the way with 21 closures followed by Tennessee with 14.

Implication – Problems accessing care will result in poorer health and higher mortality for rural folks.

Research roundup

CWCI’s latest  Bulletin (available to members only) reports the Golden State:

  • accounted for 12% – one of every eight – US jobs covered by workers’ compensation; and
  • 19.5% – almost one of every five – dollars of benefits in 2018.

If you are curious why everyone pays a lot of attention to California – now you know.

By the way, New York was second with $6.3 billion in paid benefits with Florida earning bronze with $3.6 billion.

Kudos to Alex Swedlow and colleagues for the heavy lifting on this; CWCI’s folks extracted the data from the National Academy of Social Insurance’s annual WC report. (I am a member of NASI but did not have anything to do with the report.)

Thanks to WorkCompWire for letting us know the fine folk at WCRI published their latest on the impact of early PT for low back injuries; WCRI is hosting a webinar on the topic December 17; sign up here.

Top takeaways, early PT is associated with:

  • shorter disability duration
  • lower medical costs
  • lower utilization

Implication – get low back pain patients into PT as quickly as possible.

Coming up this week – COVID status update. Argh.

 


Nov
19

What’s different now?

Nine months into the pandemic and well into the third wave, it’s time to see what’s changed – and for how long.

  1.  Remote is here to stay.
    Whether you are a claims professional, case manager, executive or manager,, clinician or administrative worker, its likely most if not all of your work is now being done outside the “office”.
    I don’t see that changing – many employers are going to maintain an at-home workforce. While IT and cyber issues and costs are significant, savings in real estate and associated costs are real. And quality of life is higher and cost of life is less; no hours spent commuting, more time with family, and no need for that extra car, parking spot, train pass, and business lunch.
  2. Selling and servicing is changing
    Service companies looking to sell their services or service accounts are working hard to figure out how to ply their trade remotely. Zoom calls, DoorDash lunches, virtual wine tastings and sports watching are just a few of the things we do today that would have been incomprehensible just 10 months ago
    I don’t see that changing anytime soon. With budgets slashed and travel risks high, business travel is over. As the economy tries to claw its way out of a very deep hole and companies look for any and every way to save dollars, expect financial folks to keep travel budgets near $0.00. One exception…
  3. Conferences will likely return
    The proliferation of conferences was getting overwhelming, with way more conferences than people to attend or sponsors to fund.  Hopefully the less valuable ones will disappear, and the key ones will continue – after revamping their business models.
    Pay to play has to go; it’s gotten to the point that at many events, conference sponsors get speaking slots regardless of the quality of the speaker or salience of the topic.
    Exhibitors are paying gazillions to stare at each other across empty aisles.
  4. Insurers are cutting back
    With premiums dropping precipitously, insurers are laying off staff, cutting IT projects, putting off investments and consolidating operations. If anything that’s going to accelerate as the winter looks long and dark, and the most optimistic projections indicating fall as the time things start to get back to what we once thought of as normal.
  5. Consolidation will accelerate
    As companies of all sizes and types face declining revenues, those that are stronger financially will win. There will be horizontal and vertical mergers (companies buying others in their business, and buying companies in different businesses).
    There are billions of dollars burning holes in investors’ bank accounts, desperately seeking acquisition targets. While investors will be cautious, expect them to seek out attractive targets.

What does this mean for you?

Adapt and succeed. A minute complaining about reality is a minute not used well.


Nov
17

Despair, anger, or action

Winter here in northern New England is long and cold, with short days too often grey. Sunday night sleet driven by  howling winds pounded the house, leaving a layer of ice on everything.

We are all facing a northern New England winter – long, cold, dark, with far too little sunlight. 

Which leaves each of us with a choice – we can rail against nature, furious that our lives are disrupted, mad at the world. We can scream at each other, curse each other, denigrate and demean, as if this is going to solve anything or be in any way remotely helpful.

Or, we can succumb to lethargy, going through the motions in survival mode, making no difference, taking no responsibility, endlessly waiting for…something.

Or, we can make that something happen.

We can do something positive, something helpful, something neighborly, something kind. Like…

Get takeout, and tip way too much.

Add a few extra things to your shopping list and drop them off at the local food pantry.

Shop for an elderly neighbor, get their mail, shovel their driveway.

Smile at everyone you see – not to worry, they’ll see it in your eyes.

Buy $5 gift cards from local merchants and give them to teachers, aides, neighbors.

Be extra patient.

 

 


Nov
12

COVID facts and implications

This is getting real.

I woke this morning to the news that COVID has infected well over 10 million of us and killed almost a quarter million of our mothers, fathers, daughters, siblings, and grandparents.

Worse, the infection rate in the Midwest and Great Plains is exploding

As is the overall US infection rate…

If anything, the trend line is worse than it appears, as it is an average of the last 7 days. With daily new case counts rising rapidly (Wednesday’s count was 142,755), this third wave is looking more like a tsunami.

Latest research

The CDC is finally putting on its big boy pants…

CDC recommends community use of masks, specifically non-valved multi-layer cloth masks, to prevent transmission of SARS-CoV-2.

Wow…who would’ve thunk it??

Research determined that wearing masks protects the wearer as well as those around them. From CDC:

An investigation of a high-exposure event, in which 2 symptomatically ill hair stylists interacted for an average of 15 minutes with each of 139 clients during an 8-day period, found that none of the 67 clients who subsequently consented to an interview and testing developed infection. The stylists and all clients universally wore masks in the salon as required by local ordinance and company policy at the time.

Make sure your masks:

  • have multiple cloth layers and/or
  • are made of silk or
  • polypropylene.

Vaccine progress

The NYTimes’ excellent – and constantly updated – vaccine progress tracker reports there are:

  • no vaccines currently approved for wide use;
  • 6 vaccines approved for early or limited use; and
  • 11 more in large scale efficacy (does it work?) testing.

Pfizer’s vaccine shows a lot of promise, with early results from a large study indicating it was 90%+ effective in “preventing the disease in individuals with no prior history of the disease.”

The vaccine has some significant logistical challenges which will make distribution tricky indeed; it:

Notably, Pfizer did not take any taxpayer money to fund its research, and its executives specifically stated the company is not participating in “Operation Warp Speed.”

Hospitals in ten high-infection states are at or beyond capacity.  From the Atlantic;

According to local news reports, hospitals are already on the brink of being overwhelmed in IowaKansasMinnesotaMissouriMontanaNorth DakotaTexasUtah, and Wisconsin,

Implications

Expect a return to limited availability of facility-based medical services. Hospitals are going to have to cut back on elective services to maintain capacity.

More states will mandate restrictions on group gatherings and business operations. New York has already done so, along with North Dakota and I’m sure several others.

There will be significant economic effects.

What does this mean for you?

If everything goes well, by spring 2021 – that’s late March – there may be enough of us vaccinated to slow the virus’ spread.

Be responsible. Wear a mask.

 

 

 

 


Nov
9

Updates on the ACA

With the GOP attorneys general’s case to overturn the ACA pending before the Supreme Court, you may want a refresher on what the ACA is, where it is working and when it isn’t, what the problems are.

And more importantly how we can fix it.

One of the nation’s leading experts on the ACA- Charles Gaba – will cover all that stuff tomorrow in a webinar.

The Milbank Quarterly will also be publishing experts’ views on the ACA.

As I mentioned last week, Biden will likely be limited to administrative orders, as the GOP-run Senate (pending the Georgia runoff) is not likely to help him implement structural improvements.

What does this mean for you?

A lot of boring wonktalk about the ACA which is nonetheless really important.

 


Nov
6

Friday catch up

Election week in America – the never-ending show continues…

Here’s what else happened this week.

Online registration for the CompLaude awards opened up; you can sign up here for the December 3 virtual event. Congratulations to all the nominees.

The fine folk at WCRI continue to pump out relevant research; I have a lot of catching up to do but did manage to dive into their analysis of New York’s work comp systems and the results thereof. Quick takeaways:

  • Medical inflation has been pretty flat since 2014, driven by decreasing costs for non-hospital providers. You read that right; costs dropped by about 1 percent per year from 2014 – 2019.
  • Hospital outpatient payments per claim went up 2 percent per year over that period
  • Drug costs in the Empire State have dropped by 9 – 12 percent per year, driven by
  • a 48% drop in morphine equivalents per claim, and a 23 point decrease in the percentage of claims with an opioid script.

Way to go New York.

Addiction treatment

A great piece in WaPo about contingency management, a treatment approach that is yielding promising results. Essentially it rewards drug users with money and prizes for staying abstinent. Some folks don’t like it on moral grounds; they feel its wrong to reward addicts for staying clean.

I’m no ethicist, but this strikes me as a reasonable objection. However, it has to be balanced against the good that comes from helping people recover. Critics’ high morals kind of pale in comparison to keeping people alive.

For now, only the VA is paying for this. It’s long past time private insurers and Medicare/Medicaid stepped up.

All things COVID

I haven’t been paying nearly enough attention to the eruption of COVID; will do a couple posts next week to catch up.  In the meantime, here’s treatment news.

From MedScape, good news; it appears the risk of cardiovascular problems in young athletes recovering from COVID isn’t as high as once thought.

Okay, that’s the good news. The not-good news is the most common version of the virus has mutated and is now more contagious. However, we appear to have dodged a bullet – this version of the virus also mutates much more slowly than other common viruses. It’s really hard to attack a virus that’s constantly changing as scientists are constantly playing catch up.  A relatively stable virus means the development of vaccines and treatments should be a lot more productive.

Lastly, there’s been a lot of misinformation that doctors and hospitals are over-counting COVID cases because they make more money. In a word, that’s a lie. Hospitals do not receive extra funds when patients die from COVID-19. 

Miscoding patients and deaths would be fraud and could result in criminal prosecution.

For the relatively small percentage of patients that don’t have health insurance, there is Federal money available, HOWEVER, healthcare providers can only submit claims that list covid-19 as a patient’s primary diagnosis. Patients with COVID often die of sepsis and other conditions; in those cases providers get paid nothing.

Net – there is zero evidence to support that assertion. None whatsoever.

I find this incredibly offensive; one of our daughters is a nurse working in a major hospital and her husband is a clinician at a VA facility. 1700 healthcare workers have died of COVID – 200 of them are nurses.

These lies are reprehensible.


Joe Paduda is the principal of Health Strategy Associates

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