Mark Farrah and Associates' latest report indicates health plans enjoyed a nice bump in enrollment in Q1 2010 from the previous quarter, with the entire increase coming from ASO (large, administrative-services only plans that are sold to larger employers) business.

In fact, risk-based insurance plans (more commonly purchased by smaller employers) saw a significant decline in enrollment in Q1 of 0.6%, or 890,000 members. According to MFA's report, " WellPoint added 565,000 new ASO members in 1Q10, but lost 400,000 fully insured members. UnitedHealth saw gains in both segments."

What's happening here?

It's no surprise that the economy has hammered employers small and large, but smaller employers are more 'flexible' when it comes to benefit plans. They can choose to drop or add coverage much more quickly and with fewer repercussions than big firms. In fact, large employers almost never drop their coverage, while the percentage of smaller employers offering health insurance has been shrinking steadily for years.

The actual decrease in employer coverage (at least as it appears in MFA's highlights) is masked somewhat by increases in Medicare Advantage PFFS plans, which grew significantly for CIGNA; there's much of the Medicare PFFS story still to be written as Coventry completes its exit and other health plans work thru their respective strategies.

Year over year, Medicare Advantage plans have seen significant growth, with membership up by 600,000 members, despite a drop in the number of insurers offering MA options.

Meanwhile, medical trend numbers are looking better, contributing significantly to the jump in profits enjoyed by most of the major health plans. Contributing to the increase in 2009 was a drop in pharmacy expense, which was somewhat offset by a 1.2 point increase in the percentage of medical expense paid to hospitals.

Ok, so net it out.

That hard work is changing from a risk selection to care and cost management business.

Posted by at 8:53 AM | Permalink | Comments (0)

California's Senate will be considering AB 2779 today, a bill that would (among other things) require Prior Authorization of compound medications for work comp claimants. While there's no question compound meds are a big issue, the bill would do nothing to solve the Golden State's larger problem - out of control drug utilization.

(thanks to WorkCompCentral for the heads up)

Here's the issue.

The work comp drug fee schedule in California is pegged to Medi-Cal, resulting in the lowest reimbursement for drugs in the nation (with the possible exception of WA).

Pharmacy Benefit Managers (PBMs) operate on the difference between what they pay the pharmacy and what their customers pay them. In California, that delta is tiny, if not negative. If PBMs don't have any operating margin, they can't afford to allocate clinical resources to deal with prior auth requirements; they'll lose even more money in an effort to help their clients. That's neither appropriate nor good for the long term health of the comp business in California.

To those who claim the low fee schedule hasn't caused any problems, I'd suggest a thorough read of CWCI's excellent discussion of the explosive growth of narcotic opioids among comp claimants. Here's the brief takeaway - California slashed the work comp pharmacy fee schedule just about in half six years ago. Since that time, the number of scripts per claimant has increased 25% and costs per claimant are up 31% (CWCI stats). And that's not the worst of it. Schedule II narcotics have gone from less than one percent of scripts to almost six percent, a six-fold increase.

But what does that have to do with a bill designed to attack one of the emerging cost drivers - compound meds? Isn't the proverbial half a loaf better than no loaf at all?

No. While the bill enables payers to deny compound meds for medical necessity (a relatively easy call, as I don't know of any evidence-based guidelines that recommend compounded medications, PBMs simply can't afford to develop the workflows, do the research, hire the clinical staff, and manage and monitor the intake/referral to the adjuster/approval-denial/appeal processes. This is a lot of work, requires careful planning and implementation, and must include clinical staffing - nurses, pharmacists, and in some cases perhaps physicians.

We've seen the impact of the low fee schedule on total costs - they've gone up. What we haven't seen is the impact on injured workers - many more are now on narcotic opioids, with some undoubtedly suffering from all the complications linked to these potentially debilitating and addictive drugs.

AB 2779 piles more work on top of an already overburdened industry, while doing nothing to address the underlying problem.

A major step in the right direction would be for California to de-link the comp fee schedule from Medicaid. That would give PBMs the pricing stability they need to help their clients regain control over drug costs.

For a detailed discussion of Medicaid's suitability for work comp drug pricing, click here.

Posted by at 9:06 AM | Permalink | Comments (1)

In the almost six years I've been publishing MCM I've never strayed this far off topic. Except for the annual April Fool's day fun (consider yourself warned), this is all about stuff somehow related to managed care, health policy, insurance...

Try as I might, I just can't come up with a link here. Except for the very very distant possibility of a workers comp claim.

So here's what's got my attention.

Just a few minutes ago, a flight attendant, fed up with a &^@&*(?! of a passenger, ran to the exit door, pulled the emergency escape hatch, inflated the slide, and jumped out of the plane.

Yes, the plane was on time, and no, it hadn't been sitting on the tarmac broiling in the sun with backed up potties.

Fortunately, JetBlue 1052 was on the ground in New York [scroll to the bottom and read the comments; some are hilarious] when Steven Slater, the flight attendant in question, pulled the cord.

Wait, this gets better...

Turns out Mr Slater was reacting to a passenger who had jumped up just after the plane had landed, started to get his bag out (you've undoubtedly been on a plane with one of these jerks), refused to stop when Slater asked him to. In fact, the passenger's bag fell out of the overhead and smacked Slater on his head.

Slater didn't go nuts then - he actually asked the passenger for an apology. Instead of doing the right thing, the guy (ok, it might have been a woman, but we all know it wasn't) cussed Slater out. Whereupon Slater got on the PA, screamed a few choice words (reportedly "To the passenger who called me a m---f--er, f--- you!...I've been in the business 28 years. I've had it. That's it") over the squawk box, and exited the craft.

I kid you not.

Perhaps Mr Slater can claim work comp from an injury that discombobulated his sense of propriety...

Posted by at 4:22 PM | Permalink | Comments (4)

Just in case you thought the problems with abuse of powerful prescription drugs have been overstated, here's a wake-up call.

The CDC's Director is taking this very seriously, saying: "Overdose with prescription drugs is one of the most serious and fastest-growing problems in this country."

The problem is showing up in a doubling of Emergency Room admissions due to prescription drug abuse, driven primarily by oxycodone, methadone, and hydrocodone.

Narcotic use is rampant in workers compensation as well. Studies by NCCI and CWCI point to the frequent use of narcotic opioids for workers comp claimants, with the explosive growth in California particularly troubling.

One of the issues in comp is that unlike group, most Medicare Part D plans, and to a lesser extent Medicaid, claimant copays are nonexistent. There's no financial skin in the game, as medications are free.

Another potential contributor is the potential street value of these drugs; while there isn't conclusive documentation of the percentage of scripts that are diverted, the 'sense of the industry' is that diversion is not uncommon. Add to that the desire on the part of some states to reduce the work comp drug fee schedule to match Medicaid, and there's no surprise use is exploding (if PBMs can't afford to manage utilization, utilization isn't managed).

Here's what some of these drugs are reportedly worth on the street.

The estimated street value of one 40-milligram OxyContin pill is about $40; another report indicates an 80mg dose is going for $30 in the northeast.

Actiq runs about $25 a dose.

Duragesic patches range from $20-$75 depending on brand, location, and dosage.

So, narcotics are ripe for abuse, there's a big - and very profitable - secondary market for them, and use is growing. That's one side of the story.

The other is the inability of many legitimate pain sufferers to get adequate treatment.

Research published by Oregon State University indicates "at least 30 percent of patients with moderate chronic pain and over 50 percent of those with severe chronic pain fail to achieve adequate pain relief."

Some think the inability of those with chronic pain to get treatment thru standard channels is a big component of the overall narcotic diversion issue.

What does this mean for you?

Like so much else in health care, there are no clear problems or easy solutions. This is more evidence of the complexity of one small part of the challenge.

Posted by at 8:31 AM | Permalink | Comments (1)

That's what Jaan Sidorov wants to know as he hosts the latest ed of Health Wonk Review.

Jaan's keen commentary on the best of the last biweek's health wonkery is well worth the read - even if you're not stuck in O'Hare while thunderboomers roll thru.

Posted by at 8:32 AM | Permalink | Comments (0)

There's been a lot of 'under the radar' activity in the work comp space of late, with much of it coming from the Medicare Set Aside sector. As 'unique' as the workers comp services sector may be, there's no niche as...fascinating as the MSA business.

It is brutally competitive; rife with personal, public attacks; and abounding in claims, counter-claims, and counter-counter-claims. Here's a quick tour of some of the news.

Coventry sales chief Ken Loffredo will be leaving CVTY after over a decade to take an equity role at Med-Allocators. The departure isn't imminent, as he and Work Comp Division boss David Young are working together to find a successor, looking at both internal and external candidates.

Coventry isn't doing much in the MSA business these days, and reports indicate management probably wished it didn't do anything with MSAs in the past.

Gould and Lamb and (former CEO) John Williams have parted ways, reportedly because Mr Williams 'wants to spend more time with his family'; evidently G&L;'s owners are fully supportive of that desire. No announcement yet on a replacement.

The book on G&L; has been out for some time; no word on whether the company is still looking for a sale or additional investment. The costs associated with preparing for CMS reporting, and challenges thereof, may be a factor

Despite some competitors' statements (public(!)) to the contrary, PMSI is not contemplating, thinking about, planning to, or even preliminarily exploring a sale of the company's MSA division. Don't know how that got started, but there's nothing to it

Those are just the highlights.

The rough-and-tumble MSA industry reminds me of the oil and gas business of a hundred years ago. So far no John D Rockefeller has made an appearance, but the industry is ripe for consolidation. Lots of folks are trying, but no one's looking like a clear leader.

Posted by at 7:18 AM | Permalink | Comments (1)

I spent a good part of the morning in a meeting discussing recent research into societal cost of prescription drug abuse. Here are a couple of stats that got my attention.

Prescription drugs are now the most abused drug, surpassing marijuana among young people.

70% of the prescription drugs abused were obtained directly or from a family member (I may have this slightly misquoted, will correct if necessary).

Emergency room admissions for prescription drug abuse doubled from 2004 to 2008.

Now let's consider a few other factoids.

Narcotic opioid use in California's work comp system increased dramatically between 2002 and 2008, with several times more claimants receiving these potent, potentially-addictive medications.

Medical severity is also increasing in the Golden State; I'm not saying there's a cause:effect relationship here but rather drug costs and usage changes may be contributing to the problem.

OxyContin accounts for just under ten percent of comp drug costs. This drug has been widely associated with abuse; it can be ground up and eaten, inhaled, smoked, or dissolved and injected.

Sorry to ruin your day.

Posted by at 3:04 PM | Permalink | Comments (0)

Data from several sources, including Farrah and Associates (got to love a company that is located in Maine) indicates group insurers were able to reduce medical trend to 4.9% last year. That's the best result, in, well, further back than I can remember.

Coventry's recent Q2 2010 earnings call indicated their results were comparable, and med loss trends were pretty close.

Aetna's numbers are comparable, as are the reasons for the improvement. According to a WSJ piece, "Aetna and its peers are reporting lower utilization of medical services this year. [President Mark] Bertolini attributed the trend to the weak economy, a less severe flu season, harsh weather in the first quarter and some wearing off of Cobra coverage for people who were laid off their jobs."

How'd they do it? Can you do what they did?

First, let's deconstruct the reasons for the happy news.

The flu season wasn't a) as bad as predicted and b) insurers, burned by the previous flu season, probably over-reserved.

Members covered by Cobra are notoriously expensive; people don't sign up for Cobra unless they think they'll need it, and in most cases they are right. Loss ratios for Cobra tend to be well above 125%; thus the expiration of Cobra helps dump unprofitable business. Expect this to continue to aid MLRs for several quarters to come.

Many health plans now have higher deductibles and copays, cost-sharing arrangements that may well be causing members to avoid seeking care. (research suggests the care avoided may be necessary or unnecessary). Coventry Allen Wise mentioned this in his earnings call as a possible contributor.

From a purely speculative perspective, it is possible that employers who were faced with high premiums due to poor experience rating, older populations, or other factors, have dropped their coverage at a higher rate than in the past. This might contribute to lower utilization. I'd also note that rate increases may have the opposite effect; employers that really need coverage will hold their noses and pay up, while employers who don't think it's worth it (read - don't expect to need insurance) drop out.

We're left with results driven by benefit design, demographic changes, and one-time events.

Don't get me wrong, the numbers are good, but the drivers aren't what we need to really gain control over costs over the long term.

Fortunately, some health plans are already taking steps to do just that with smaller, tighter networks and limited access out of network.

If you are a workers comp payer in California, chances are your results were a whole lot worse, as medical costs are once again back up to pre-reform levels. According to this piece in Risk and Insurance;

"...looking at first-year payments on lost time claims, researchers found that since hitting their post-reform lows, average amounts paid per claim for treatment have increased 41 percent; average amounts paid for pharmaceuticals and durable medical equipment are up 69 percent; [emphasis added] average amounts paid for med-legal reports are up 79 percent; and average amounts paid for medical cost containment are up 86 percent."

Of course, this simply means reform cut costs dramatically over the last few years, and only now, several years after reform's implementation, have costs returned to the levels seen in 2004.

That said, comp payers can't fiddle with benefit design, out of network contribution differentials, cost sharing, and the like.

What does this mean for you?

b) for comp payers, the recent moves to smaller networks should be a big wakeup call.

Posted by at 8:50 AM | Permalink | Comments (2)

Coventry earnings call this morning was notable in at least two ways - more discussion about underlying cost drivers, utilization trends and management thereof, and the growing importance of low cost delivery systems from management.

And more evidence that (most) financial analysts don't understand this business.

Here's my view on the takeaways from the call.

The per-share earnings charge of $1.18 (from work comp PPO litigation in Louisiana) was the subject of a good deal of discussion during Coventry's Q2 2010 earnings call this morning, but has to be considered in the context of the overall solid performance of the company.

Coventry actually increased guidance for the full year, marking another improvement in financials for the company that has been on a steady upward trend since CEO/Chair Allen Wise resumed his post a year and a half ago.

Commercial group membership grew nicely, while MLR (medical loss ratio) guidance decreased for the entire year. Coventry expects medical costs to increase in the second half of 2010, consistent with past experience.

In the prepared remarks part of the call, management diiscussed the implications of health reform, asserting the company's recent results show it is well prepared for reform as it is able to control MLR while maintaining membership and expanding the company's footprint in selected markets (the Mercy deal is an example)

The company's statement noted Wise's enthusiasm for results and performance of the company's clinical management programs.

Clarity around MLR regulations was the first question - unsurprisingly, given the new regulations regarding limits on insurers' administrative and other fees. Wise noted that the cost structure in one market in particular was going to improve by shrinking the company's network, selecting more cost effective delivery systems/health systems. This marked a significant change from calls as recently as last year at this time. Coventry is clearly seeking to partner with more cost efficient health systems; as Wise put it, 'we need to stop fighting over nickels and focus on overall costs'. [paraphrasing]

This was followed by a question about health plan utilization trends - overall utilization appears to have tapered off industry-wide, the question is why? Wise admitted Coventry doesn't know, although they've spent a lot of time looking at this and their preliminary conclusion is the high deductibles and copays are leading to lower utilization, coupled with expiring COBRA benefits for some employees laid off quite a while ago.

Going forward, Wise sees the market as getting more competitive, making customer service and managing the little things critical to survival and success.

Wise thinks the group health product pendulum has swung back to mid-eighties model where networks are smaller, there's less choice, and better control over cost and utilization. Coventry's going to offer products with smaller networks based on provider systems with documented better outcomes and lower costs. They will preferentially look to buy provider-owned plans as they tend to have better cost structures than non-provider-owned plans. The analyst who asked the question wasn't particularly interested in what Coventry was doing, but rather focused on pricing implications given the MLF regs coming out shortly.

That's another example of how most of the analysts following this business are out of their depth. The real issue, the key to success, for Coventry and every other health plan, is how they are going to compete in a post-reform world. Price is a result of cost structure, and the failure of the analysts to focus on cost and cost drivers shows how disconnected the analysts are.

Another analyst asked if other health plans are pursuing similar acquisition strategies. Wise noted that there just aren't that many potential acquisition targets that have good cost structures, fit geographically, and are provider-owned.

The company will be revamping its individual health product offering - in response to a question, Wise noted that the company's distribution, IT, and benefit design are all works in progress, and there's still a ways to go.

More to come after I review the transcript

Posted by at 9:27 AM | Permalink | Comments (1)

Today's Kaiser Health Tracking Poll contains interesting data about support for health reform (steady positives, declining negatives), what's much more telling is the extent of seniors' a) ignorance of basic facts about health reform and b) widespread belief that reform includes death panels and cuts Medicare benefits.

Yikes.

According to Kaiser, "Half of seniors (50%) say the law will cut benefits that were previously provided to all people on Medicare, and more than a third (36%) incorrectly believe the law will "allow a government panel to make decisions about end-of-life care for people on Medicare."

These are both factually incorrect.

Moreover, "Despite the fact that Medicare's actuaries predict the health reform law will extend the life of the Medicare Part A Trust Fund by 12 years (from 2017 to 2029), only 14 percent of seniors know this and nearly half (45%) of seniors think the health reform law will weaken the financial condition of the fund.
"

There are several ways to look at this.

The power of the anti-reform noise machine is truly impressive; death panel myth promoters are clearly effective in getting people to believe their claims, despite widespread debunking of the claim by multiple independent organizations. (One well-respected organization, Politifact.com (run by the St Pete Times, a terrific newspaper, called it "pants on fire false).

Then again, it's hard to underestimate the ignorance of the American public; we're talking about a country where 43% of the population doesn't believe in human evolution...

Seniors tend to vote in higher percentages than the rest of the population, so their concerns about reform, based at least in part on ignorance of the actual reform bill and its provisions, may well have a disproportionate impact on the election this fall.

Closer to home, health plans and insurers have to take note of these poll numbers and consider the impact on their own members.

As health plans increasingly emphasize provider network selection based on quality and outcomes data; rigorously employ evidence-based medical guidelines; and get tougher on experimental and unproven medical procedures and therapies, they are going to be exposed to the same type of fear-mongering from idiots using the public's ignorance and fear to gain notoriety.

What does this mean for you?

Health plans must - and I mean must - develop and implement programs to stay on top of the public's perception and opinions about them. Call it opinion monitoring, social network monitoring, complaint management, whatever, but do it. But this will only work if you proactively educate members and the markets about what you're doing and why. Otherwise it's purely defensive, will appear so, and will be little help when the stuff hits the fan.

Which it always does.

Posted by at 9:32 AM | Permalink | Comments (8)

The recess appointment of Dr Donald Berwick as head of CMS has incited a furor among politicians outraged at what they claim are his advocacy for rationing and fondness for Britain's National Health Service.

To support their claims, these politicians are using Berwick's own words, in a way eerily reminiscent of the recent Shirley Sherrod debacle.

It started with Glenn Beck, master of the one-word quote, and then slipped over into more mainstream politicians.

What's really troubling about all this, in addition to the blatant political motivation, is Berwick is pretty closely aligned with core conservative values.

Don Berwick is now, and has always been, a patient-centric, consumer-oriented 'radical' who's concept for the ideal system is one that is almost entirely patient-focused. Here's Berwick's ideal health plan from a piece by Ezra Klein:

"(1) Hospitals would have no restrictions on visiting -- no restrictions of place or time or person, except restrictions chosen by and under the control of each individual patient.

(2) Patients would determine what food they eat and what clothes they wear in hospitals (to the extent that health status allows).

(3) Patients and family members would participate in rounds.

(4) Patients and families would participate in the design of health care processes and services.

(5) Medical records would belong to patients. Clinicians, rather than patients, would need to have permission to gain access to them.

(6) Shared decision-making technologies would be used universally.

(7) Operating room schedules would conform to ideal queuing theory designs aimed at minimizing waiting time, rather than to the convenience of clinicians.

(8) Patients physically capable of self-care would, in all situations, have the option to do it.

"I suggest that we should without equivocation make patient-centeredness a primary quality dimension all its own, even when it does not contribute to the technical safety and effectiveness of care," he says."

Pretty radical, indeed - returning power to the patient, from the practitioner.

If Berwick's opponents just took a minute to read what the guy really stands for, they'd discover he's pretty much aligned with many 'conservative' principles - self responsibility, ownership, consumer-centered policies and practices.

Unfortunately, they just don't care about who Berwick really is - they've decided he's the stick they're going to use to beat this Administration, regardless of whether he's good, bad, or indifferent.

As Maggie Mahar noted in HealthBeat, "Thomas Scully, who led the CMS under President George W. Bush [said of Berwick] : "He's universally regarded and a thoughtful guy who is not partisan. I think it's more about ... the health care bill. You could nominate Gandhi to be head of CMS and that would be controversial right now."

Here's hoping the recent Shirley Sherrod disaster has stiffened the backbone of the Administration and caused the wingnut media to think a little more deeply before throwing bombs.

And yes, I believe in the Easter Bunny too.

Posted by at 6:21 AM | Permalink | Comments (8)

As I reported Saturday, the prosecutor who charged former North Dakota state fund CEO Sandy Blunt with felony 'theft of services' is herself under investigation for allegedly withholding exculpatory evidence from Blunt's defense attorney.

Cynthia Feland's case has been heard by the ND Supreme Court's Inquiry Board, who found enough evidence to convene a Disciplinary Board. From the ND Supreme Court website - "Formal proceedings are begun when there is probable cause to believe that misconduct has occurred that deserves a public reprimand, suspension, or disbarment." [emphasis added]

This isn't a routine, 'happens all the time' thing. Far from it. although to hear Feland tell it, this is no big deal - according to the Bismarck Tribute, Feland "said it is not uncommon for people to file complaints against prosecutors."

Well, Cynthia, let's look at the numbers, shall we?

Last year there were 349 cases that went thru the Disciplinary Board program.

192 were dismissed or the attorney was referred to an assistance program and 123 are still pending. That leaves 34 cases where there was some kind of final ruling. 17 went to a Panel Hearing. That's where Feland is headed. And the odds aren't good.

Only 2 cases were dismissed. Of the remaining cases, the Panel reprimanded the attorney in 6, the Supreme Court suspended the attorney in seven, and disbarred the offender in 2.

So Feland has a much better chance of being disciplined, or having her license to practice suspended, than she does of acquittal.

If she's not reprimanded or suspended, it's even odds if she's acquitted or disbarred.

And she has the temerity, the unmitigated gall, to pooh pooh this? A sitting prosecutor, looking at a hearing where she has just over a one-in-ten chance of escaping unscathed? And a 60% chance of losing her license, at least temporarily?

I find it hard to believe that the Inquiry Panel would find probable cause where none exists, particularly in a case where a sitting prosecutor is accused of withholding evidence from a defendant.

As a prosecutor, I'm sure Feland would love those kind of odds.

Interestingly, none of the other media outlets in the state picked this up; neither did the local AP writer (who happens to be a facebook friend of Feland's).

I'm vastly unimpressed with the media in NoDak; here's a case of potential wide-ranging import, one where a prosector is charged not only with withholding evidence, but also suborning perjury, yet it's not worthy of coverage.

Nope, not when the state fair parade's in town, by golly!

Posted by at 6:03 PM | Permalink | Comments (0)

Last Friday the news couldn't have been much worse for ex North Dakota state work comp fund CEO Sandy Blunt: the state's Supreme Court affirmed his felony conviction on charges of theft. I spoke with Sandy that day, and can only report that he was all but devastated by the ruling.

What a difference a week makes. This morning, Sandy must have a whole different outlook - the prosecutor who convicted him is herself under investigation for allegedly suborning perjury and prosecutorial misconduct.

Late this week sources informed me that the state's bar association was about to begin a formal 'trial' of Cynthia Feland based on evidence she withheld information from Blunt and his defense attorney. While this isn't an actual criminal proceeding, it is quite serious, as the allegations, if upheld, are grave enough to result in Feland's disbarment for life.

As I reported months ago, "I contacted Feland several times over the last few weeks, asked her directly about this situation, and she refused to address the key question - had she provided Blunt with a copy of the State Auditor's memo which cleared Blunt of any malfeasance related to Spencer?..." You can read her response to my query, but here's the net - The prosecutor has no record of providing the defense with a document that would have allowed the defense to prove that the prosecution's main charge was not a crime.

While I couldn't force the issue, the state Bar Association, and the county sheriff, have.

The details are beginning to come out. This morning's Bismarck Tribune had a front-page, above-the-fold article detailing the allegations against Feland. Although Feland pooh-poohed the proceedings, according to the Tribune, "Sending a case to the Disciplinary Board for formal proceedings means "basically, they're making a finding that there's probable cause that misconduct occurred," [ND Supreme Court Clerk Penny] Miller said."

As assistant prosecutor, Feland personally led the state's prosecution of Blunt.

The evidence was brought to the attention of the ND Bar Association by Steve Cates, author of the North Dakota Beacon and one of Sandy's long time supporters. Case has diligently and persistently pursued the facts in this case for more than a year and a half, poring over thousands of pages of transcripts, reviewing each and every exhibit and scrap of evidence.

In the course of Cates' research it became apparent that Feland had failed to turn over exculpatory evidence, evidence that would have proven Blunt's contention that a state auditor had reported that most of the charges against him should never have been brought.

Not only did Feland withhold evidence, but she knew, before she brought the charges, that several of the charges weren't crimes. And even more seriously, Feland suborned perjury by getting a key prosecution witness, Jason Wahl, to lie on the stand.

Feland isn't the only prosecutor in hot water over their mishandling of the case. According to the Tribune, "The documents obtained by the Tribune said the Inquiry Committee West also found that Riha [Feland's boss] was issued an admonition for violating rules 5.1(a) and (b) of the Rules of Professional Conduct by not making sure that the attorneys in his office were conforming to the rules of professional conduct. The admonition also was issued against Riha for violating rule 3.8(d) of the Rules of Professional Conduct for his office not turning over a Nov. 8, 2007, memorandum from Jason M. Wahl in the state auditor's office to Feland."[emphasis added]

The Wahl memo indicated Blunt's actions regarding a discharged fund employee, actions that Feland had said were illegal, were perfectly legal.

Sources also indicate, and I have confirmed, that the county sheriff has launched a criminal inquiry into Feland based on alleged perjury charges. The charges stem from Feland's statement to the judge at Blunt's trial that all charges against Sandy had been sent to Blunt's defense counsel before trial. It now appears that Feland knew this wasn't true.

At long last, the truth is beginning to come out. Blunt was convicted, and his conviction upheld, due to prosecutorial misconduct. Simply put, he was railroaded by a prosecutor who accused him of crimes he didn't commit and lied to the judge during the trial.

Sandy can't get his life, or his reputation back. Here's hoping he makes the Burleigh County prosecutors pay for what they did to him, and make it abundantly clear that these criminal actions carry a very heavy penalty.

Posted by at 5:19 AM | Permalink | Comments (0)

Several clients have asked for more detail on how the reform bill will change Medicare reimbursement for physicians and other non-facility providers. Here's the synopsis.

First, note that this pertains only to reimbursement changes contained within the reform bill. There are a host of other initiatives, ideas, pending changes, and reimbursement 'tweaks' outside the bill that will also impact reimbursement.

Reimbursement for primary care services - provided by some internists, family practice docs, pediatricians, PAs, and nurse practitioners - will increase 10% between 2011 and 2015. After 2015, the increase - which is described as a 'bonus' - will theoretically expire.

The key word here is 'some'.

To get the increased compensation, 60% of the provider's charges for services over the last (to be determined) months/years must have been for primary care.

There's also more funds for some general surgeons - a 10% bonus if they provide 'major surgical procedures in health professional shortage areas".

That's it for the easily described changes. Now here's the more complex.

1. Bundled payments - there's a national pilot program authorized under reform that would allow for bundling of payments for an entire episode of care, as opposed to the current fee for service (FFS) methodology. Under this scenario, a group of physicians, ancillary care providers, and facilities would get paid a flat amount for a specific condition/diagnosis.

2. Post 2014 and the Independent Payment Advisory Board - Starting in 2014, the IPAB would be required to recommend specific Medicare spending reductions in any year in which Medicare's per capita cost growth rate exceeded a specific target. IPAB's recommendations are more than just idle talk; they would become law unless Congress passed an alternative proposal that resulted in identical savings. Some provider types are excluded for a limited time (this is too deep in the weeds to go into here).

There's more in the bill, but it is for very specific services, types of providers, and geographic areas yet to be identified - in all, few providers will be affected.

For more detail on the bill's impact on reimbursement, click here.[opens pdf]

What does this mean for you?

Remember this is just the reform bill - it is highly likely other changes driven by other bills, regulatory changes, and miscellaneous factors will have as much - if not more - impact.

Posted by at 7:51 AM | Permalink | Comments (2)

HWR guru and lead organizer Julie Ferguson's got the editor's pen this week, and uses it to great effect with the Dog Days of Summer edition.

Julie's focused on post-reform 'what now' and 'what's this mean' issues, covering those devilish details with contributions from Uwe Reinhardt, Jaan Sidorov, Maggie Mahar, and other great writers on all things health.

Posted by at 10:11 AM | Permalink | Comments (0)

The good folks at NCCI just released a report [opens pdf] detailing workers comp medical cost drivers; there are two 'headline' findings; severity is increasing at a slower rate, and the price of medical services is becoming a larger contributor to overall cost increases.

(The studies are based on lost time claims closed within 24 months of accident, so an increase in the length of time claims are open or the number of claims open longer than 24 months won't show up.)

A quick side note than we'll discuss these and other findings. The study covers experience through 2006, thus changes over the last three plus years are not considered. As I've reported here and NCCI has covered in many papers, several components of medical have seen rather significant changes since 2006: pharmacy costs are up; facility costs are spiking; surgical expenses, driven in large part by implants have increased dramatically in several ares; physical medicine costs in several jurisdictions are down and imaging expenses appear under control, due in large part to the impact of networks.

The big news is the increase in utilization has tapered off; we haven't seen fewer medical services, but we also haven't seen continued growth in the number of services provided to claimants. I'd hasten to add that while this is good news, we're still dealing with too many services delivered to to many claimants.

The bleeding isn't getting worse, but it's still pretty bad.

The price issue is troubling. Most of the 21% increase in severity was due to higher prices for medical services, this at a time when the utilization of provider networks, offering discounted pricing for medical services, has grown significantly. PPO penetration, on a national average basis, is in the 60% range with wide variation among states - NJ and FL commonly see rates above 85%, while Texas and California are closer to 50%.

PPO penetration has increased significantly over time, yet prices have also grown. There are several potential explanations for this:

a) a change in utilization patterns over time, wherein more expensive procedures are used more often. This doesn't appear to be the case, as the NCCI study accounted for changes in service type.

b) an increase in fee schedules. again, this doesn't appear likely as most fee schedules have seen modest increases, with a couple notable exceptions.

c) increased provider pricing in UCR states. I'm thinking this has undoubtedly contributed to price increases. UCR pricing (usual, customary, and reasonable) are based on charges (not payments) for that procedure in that area in the preceding time period. Historically, UCR increases by double digits each year.

d) increased provider leverage in contracting. There's no doubt this has contributed to cost increases, as we've seen in California, Illinois, and many other states.

What does this mean for you?

You will want to assess how the prices you've been paying for specific procedures (and the number of procedures themselves) have changed over the past few years to see if NCCI's findings re price and utilization have continued since 2006.

Posted by at 6:49 AM | Permalink | Comments (0)

Some physicians and physician groups are quite upset about insurers' recent moves to offer employer customers tight, small networks of providers based on quality and cost criteria. In an effort to block these new plans, the AMA and other groups are focusing on the few problems with ratings and avoiding the larger issue - some physicians are just bad actors.

What they should be doing is working closely with health plans and regulators to ensure the rating process is transparent, fair, and objective.

Insurers, governmental agencies, employers, coalitions, organized labor, all have been involved in assessing provider performance, many for years. CMS has launched several initiatives including measures for nursing homes, hospitals, and more recently, a nascent physician quality reporting program.

In the private sector, a Mercer survey [purchase required] indicates 14% of large employers were using such "high-performance" health-provider networks in 2009, an increase from 12% in 2008.

According to the AMA, "Physicians' reputations are being unfairly tarnished using unscientific methodologies and calculations." The complaint appears to be based in part on concern that individual physician ratings may be derived from too few data points and some physicians may treat more severe or complex cases, and therefore their ratings will suffer - unfairly.

Health plans responding to the concerns contend they have dealt with the issue by rating physician groups instead of individual physicians.

The AMA's contention has some validity, just as the health plans' responses should be taken seriously.

The larger point is simple - networks based in large part on provider ratings are absolutely, inevitably the wave of the future. Some provider organizations, including the Minnesota Medical Association, have already bought into the trend, are engaging with payers, and helping to improve the assessment process.

The attempt by some 'provider advocacy' (my term) organizations to stop or hinder this is misguided and eventually counterproductive. Throughout history, guilds and labor organizations have tried to protect all members, including members they should censure, in an effort to keep control of their industry. Eventually, these efforts all fail.

What does this mean for you?

Providers would be well served to focus on substantive issues in provider rating systems, and realize protecting the bad actors hurts all providers and helps none.

Posted by at 7:34 AM | Permalink | Comments (6)

I don't understand why those who believe health reform is socialism don't have faith in the free market's ability to control costs and deliver quality.

Here's why I'm confused.

Several large health insurers have decided its time to get serious about managing costs; they're introducing plans with limited provider networks and either no coverage for out of network providers or high deductibles and co-insurance/copays.

The plans, introduced by United Healthcare, Aetna, Wellpoint and others, are currently only available in a few markets as the healthplans test market receptivity.

Kudos to these insurers for finally getting serious about managing cost. While they are concerned about the potential for a repeat of the consumer backlash seen in the nineties, I'm betting the consumer backlash will be minimal.

The political backlash is a whole different story; more on that in a minute.

Most employees are all too aware of the rising cost of benefits; they have seen their premium contributions increase dramatically as the benefits plan has slimmed down. While some aren't going to be happy if they have to pay more to see their favorite doc or go to the nearest hospital, their anger will be tempered by the knowledge that they are better off than many of their neighbors who have no insurance at all.

That wasn't the case in the early nineties. Since 1993, the number of people without insurance has increased almost 20% to 52 million from 43.9 million.

Just as the benefits landscape has changed, so has the political. We're already starting to hear some politicians complain that employers' changes are evidence that 'ObamaCare' isn't working as advertised, that the President's promise that reform would allow you to keep your current plan wasn't true.

These critics probably know their argument is specious at best. The reform legislation was specifically designed to allow employers to maintain control over their plans, the thinking being the free market will develop solutions to the cost and coverage problem.

And that's precisely what is beginning to happen, albeit slowly and in baby steps. Health plans have realized that risk selection isn't the path to success, quality and cost of care and more effective member health management is.

There's a bit of hypocrisy, or perhaps more kindly, ignorance among those who criticized 'Obamacare' for its 'socialist' leanings and now fault reform for benefit plan changes implemented by employers seeking market answers to rising costs.

The cost control steps included in the reform legislation are weak, scarce, and small; stronger cost controls were discarded in order to get the bill past lobbyists and their friends in the Senate (and to a lesser extent, the House). As a result, we're left with a bill that - de facto - relies on private insurers and employers to develop tools and methods to control cost.

Critics can't have it both ways. Either decry the bill for its weak cost controls and governmental 'takeover' of health care, or slam it for forcing employers to change plans to control costs because the bill doesn't do enough.

Trying to both results in one argument refuting the other.

Posted by at 8:17 AM | Permalink | Comments (8)