ETF Portfolio Diversification and Cost Reductions

A Multi-Dimensional Investment Product

By JD Steinhilber

 Certified Medical Planner  

Most physicians and their financial advisors and/or Certified Medical Planners™ [CMP™] believe that effective diversification is most readily achieved by combining poorly correlated asset classes within an investment portfolio.

And, when combined with low costs, a winning combination may be achieved for most any physician-investor’s wealth achievement and management goals.

Diversification Impact

One of the most basic examples of proper diversification is two poorly correlated assets like stocks and bonds. Over time, the returns of these two asset classes have a very low level of correlation. Over shorter time periods, the degree of correlation between stocks and bonds can vary widely.

From January 1999 to November 2002, for example, stocks and bonds had a negative, or inverse, correlation. Real Estate Investment Trusts [REITS] and international stocks are examples of other asset classes that tend to be poorly correlated with US stocks. And, volatility is expected to increase beyond 2008.

Because exchange-traded funds replicate the performance of entire asset classes, which themselves are diversified among numerous securities, it is possible to construct well-diversified, high-performing portfolios with only 5-10 ETFs. Accordingly, ETFs provide a highly efficient means of diversification.

Reduction of “Style Drift

Mutual funds also facilitate diversification, but actively managed mutual funds are susceptible to “style drift” and their portfolio holdings at any particular time are unknown. This presents a challenge to diversification efforts.

In contrast, ETFs offer asset class purity, meaning their holdings are totally transparent, disclosed daily and not subject to style drift. Actively managed mutual funds are also more expensive and less tax-efficient than ETFs.

Cost Impact

Exchange-traded funds have some of the lowest expense ratios of any registered investment product. In fact, ETFs have a cost advantage, on average, in excess of 100 basis points relative to actively managed mutual funds. This can have a significant impact on a portfolio’s performance over time.

For example, assume that investor A and investor B each invest $10,000 and earn the same gross annualized return over a 20 year time frame. After expenses, assume that investor A earns a net return of 10% and investor B earns a net return of 9%. After 20 years, investor A would have $67,275, while investor B would have $56,044, representing a difference of $11,231.

Trading Cautions

It is important to point out that physician-investors have to pay commissions when they buy or sell ETFs.As a result, the cost advantages of ETFs relative to mutual funds diminish the more actively an ETF portfolio is traded. ETFs are therefore not appropriate vehicles for active traders; they are more suitable for investors.

Of course, physicians and all investors tend to be more conscious of investment costs when portfolio returns are low or negative.Given that costs are among the few controllable variables in a portfolio’s returns, investors and advisors should always be evaluating portfolio costs relative to the benefits received.

Assessment: 

Exchange-traded funds may provide an opportunity to enhance net returns by reducing investment expenses and increasing returns through improved diversification.

Conclusion

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2008: Medical Practice Squeeze

Revenues Down – Expenses Up in 2007

Staff Writers 

 

If you’re a medical professional, this may be another tough year from a fiscal perspective.

On the revenue side, not only do physicians face a 2008 mid-year 10.1 percent Medicare cut, CMS may also cut reimbursements for some ASCs. Moreover, federal rules may ban physician-owned specialty hospitals, removing this profit center to offset dismal economic pressures.

On the expense side, physicians may soon require electronic medical records, and e-prescribing technology, to satisfy the 119 criteria for CMS’s Physician Quality Reporting Initiative [QRI]; and thus raising these HIT cost centers.

Fortunately, medical malpractice costs have fallen for some specialties – in some regions – including orthopedics, OB/GYN, internal medicine, cardiology and general surgery; according to reports from the Medical Group Management Association [MGMA].

Assessment: All the above ads up to less profit for most physicians today and a bleak future; or does it? What is your medical specialty and how have you financially fared recently; and over time?

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Physician Seeking Senior HIT Position

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Dr. Richard J. Mata; MD, MS-MI, MS-CIS, CMP™ [Hon]

Dr. Mata

Richard “Rick” Mata, M.D., worked as a Network Administrator and Programmer at the Texas State Treasury after completing an Internship in Internal Medicine. He is adjunct Associate Professor of Health Services Research at Texas State University and is currently consulting for AT&T Customer Analytics Division.

As Founding Chief Medical Information Officer [CMIO] of www.RickTelMed.com, his full CV may be viewed at: http://www.scguild.com/Resume/6264I.html

Goal: Experienced and multi-degreed physician seeking a senior CXO or leadership position in healthcare information technology on a FT or PT basis; also available for interim, local or remote consulting positions.

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Medicare Payments to Improve in 2008

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Physicians Receive Temporary Reprieve

[By Staff Writers} 

Doctors will get a six-month reprieve from a 10.1 percent across-the-board cut in Medicare payments that was scheduled to go into effect January 1, 2008. 

In an effort to secure approval of the legislation, lawmakers decided to scale back its scope compared to earlier versions of the measure, but the bill still would provide for a number of Medicare policy changes, according to Reed Smith Health Industry Washington Watch 

Other related policy changes and highlights of the bill include the following:

·  A 0.5 percent increase in Medicare physician fee schedule payments through June 30, 2008. Physicians would again face a steep payment cut in July 2008, however, requiring Congress to revisit Medicare policy in the New Year. The bill also would extend the five percent physician shortage area bonus payment and the work geographic index floor of 1.0 through June 30, 2008. 

·  An extension of the authorization and funding of the State Children’s Health Insurance Program (SCHIP) through March 31, 2009.

·  An extension of the Medicaid qualifying individual, Transitional Medical Assistance, and abstinence education programs through June 30, 2008.

·  A $1.5 billion reduction in the Medicare Advantage stabilization fund for regional preferred provider organizations in 2012, an extension of authority for specialized Medicare Advantage plans for special needs individuals, and a moratorium on new special needs plans and expanded service areas through December 31, 2009.

·  A provision to require CMS to adjust Part B drug average sales price (ASP) calculations to use volume-weighted ASPs based on actual sales volume, and to modify payment for the generic drug and sympatho-mimetic agent, albuterol [PROVENTIL HFA – albuterol sulfate].

·  Revisions to inpatient rehabilitation facility qualifications and payment policy, including a permanent freeze in the patient classification criteria compliance threshold at 60 percent (with co-morbid conditions counting toward this threshold) and a payment freeze from April 1, 2008 through September 30, 2009. 

Assessment

And so, although not an unexpected payment reprieve, how will these policy changes affect Medicare participating providers?

Conclusion

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“Standards” of Medical Practice Value

More than One Value Definition May Apply

By Dr. David E. Marcinko; MBA, CMP™

By Hope R. Hetico; RN, MHA, CMP™ 

All physicians are familiar with the legal concept of the “standard of care.” However, when it comes to the fair-market-value of a medical practice, healthcare business appraisers generally refer to three other “standards of value”; as defined below. 

The Three Types of Value: 

1. Investment Value

Investment value focuses on a specific physician buyer rather than value to a hypothetical buyer. 

For example, let’s examine the physician owner of an ambulatory surgery center [ASC] who is considering the acquisition of a competing ASC that operates in the same geographic market.  The owner might calculate value based upon the knowledge that the combination of the two ASCs will create economies of scale and less competition. This would result in greater profitability per dollar of revenue. 

Therefore, such a buyer, all else being equal, may assess a greater value to the company than a buyer who would expect to operate the ASC in its current free standing situation, without the expected cost saving and corresponding expectation of increased cash flow.

2. Intrinsic Value

Intrinsic value is similar to investment value however the practice is typically viewed in a stand-alone mode as a going-concern. That is, value is based upon the expected cash flows of the practice based upon its current operating configuration.

However, changes in operating policy, such as changing its financial structure can have an impact on its intrinsic value. 

3. Going Concern vs. Liquidation Value

A medical practice or any business cannot be worth less than its liquidation value. Thus, “liquidation value” sets a floor for value. Liquidation value assumes that a practice’s operations cease and assets are sold either piecemeal or in groups and obligations are satisfied. Liquidation value is generally based on an “orderly liquidation” process where assets are sold in manner to realize the greatest possible value for them. 

In contrast, a “forced liquidation” process is where assets are sold as quickly as possible often through an auction.   

Going Concern Value views a medical practice as a holistic combination of tangible and intangible assets, in which the sum is often greater than its parts.  This synergistic view of the practice is typically what is being valued. 

Conclusion 

And so, what is your experience with the above definitions of medical practice value? Were you even previously aware of them? 

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Healthcare Entities and the US PARIOT Act?

Applicability to Hospitals and Medical Organizations

By Gregory O. Ginn; PhD, CPA, MBA, CMP™ (Hon)

By Hope Rachel Hetico; RN, MHA, CMP™

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After the September 11, 2001 terrorist attacks against the United States, the US Congress passed Public Law 107-56 whose short title is “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001.”

At first blush, the Act seems to have very little to do with hospitals, healthcare organizations or the medical industrial complex; however, upon closer inspection, several sections appear to be relevant to the industry. 

The Prevention and Detection of Money Laundering 

Title III of the USA PATRIOT Act is entitled the “International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001.” The purposes of the Act are “to prevent, detect, and prosecute money laundering and the financing of terrorism.” Healthcare responsibilities in a money laundering program may include:

· Developing internal policies, procedures, and controls;

· Designation a chief compliance officer;

· Ongoing employee training programs; and

· Executing an independent audit program to test compliance 

Preparedness for Biological and Chemical Attacks 

Title X of the USA PATRIOT Act contains several calls for strengthening the public health system. Section 1013(a)(4) calls for “enhanced resources for public health officials to respond to potential bioterrorism attacks.”

Hospitals can take several steps to mitigate even in the absence of significant funding: 

· First, hospitals can establish links with ‘first responders’ such as local law enforcement, fire departments, state and local government, other hospitals, emergency medical services, and local public health departments.

· Second, hospitals can establish training programs to educate hospital staff on how to deal with chemical and biological threats.

· Third, hospitals can make changes in their information technology to facilitate disease surveillance that might give warning that an attack has occurred. Information technology may be useful in identifying the occurrence syndromes such as headache or fevers that might not be noticed individually but in the aggregate would signal that a biological or chemical agent had been released.

· Fourth, hospitals may be able to acquire access to staff and equipment to respond to biological and chemical attack through resource sharing arrangements in lieu of outright purchases. 

Protection of Critical Infrastructures 

Title X of the USA PATRIOT Act also contains section 1016, entitled “The Critical Infrastructures Protection Act of 2001.” It acknowledges that the defense of the United States is based upon the functioning of many networks and that these networks must be defended against attacks of both a physical and virtual nature.

Section 1016 also specifies that actions necessary to carry out policies designed to protect the infrastructure will be based upon public and private partnerships between the government and corporate and non-governmental agencies. 

Toward this end, the Act establishes a National Infrastructure Simulation and Analysis Center (NISAC) to support counter-terrorism, threat assessment, and risk mitigation. NISAC will acquire data from governments and the private sector to model, simulate, and analyze critical infrastructures including cyber, telecommunications, and physical infrastructures.

Health Insurance Implications 

With the recent popularity and growth of High Deductible Health Care Plans [HDHCPs], compliance with the USA PATRIOT Act has becomes an important issue for these new, hybrid health insurance products that place financial services organizations into relationships with shared information institutions like hospitals, healthcare organizations, medical clinics and patient clients.

This happens because many HDHCPs are opened by mail or online, as patients use the internet to search for policies. Appropriately, banks, healthcare entities and hospitals are working with insurance companies, trust companies and broker-dealers to offer identity-compliant and integrated HDHCPs. Verifications that these clients are who they say they are, is as paramount as monitoring their activity?

Healthcare organizations may meet these requirements by implementing a Customer Identification Program [CIP] and/or Anti-Money laundering requirements. Section 314(b) of the Act permits financial institutions, upon providing notice to the United States Department of the Treasury, to share information with one another in order to identify and report to the federal government activities that may involve money laundering or terrorist activity. 

Assessment 

Almost five years after passage of the USA PATRIOT Act, little is known about how it is being used to track terrorists, healthcare organization activity, or innocent Americans.

Unfortunately, the Muslim doctor terrorist incident of July, 2007 in North Staffordshire Hospital near Glasgow, implicated eight medical-workers of a clandestine Al-Qaeda sleeper cell in an attempted attack in Great Britain.  

Although successfully thwarted, the fact that all were tied to the British National Healthcare System [NHS] indicates the international nature of such threats and growing domestic reliance on foreign-trained physicians which must be carefully screened. 

Conclusion

The USA PATRIOT Act provides little indication in its title to affect the management of hospitals. Nevertheless, it is intended to safeguard the nation and its economy.

Since the healthcare industry is such a large part of the economy, it follows that legislation designed to protect our nation and economy will invariably have an effect on hospitals. 

And so, has your hospital or healthcare organization analyzed its activities to comply, prevent and/or mitigate losses and very possibly improve its financial performance by adhering to the US PARIOT Act?

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Physician Buy-Sell Agreements

Federal Estate Tax Implications

Staff Writers

According to some tax experts, the US Tax Court suggests several generally accepted factors for making a medical practice buy-sell agreement valuation price binding for Federal estate tax purposes. 

Acceptable Factors

For example, among other items, the medical practice buy-sell agreement must include the following factors for Federal estate tax purposes: 

  • The price must be fixed or determinable;
  • The agreement must be binding on the parties during life and after death;
  • The buy-sell must have been entered into for bona fide business reasons;
  • The buy-sell must not be a substitute for testamentary disposition.

Reasons for Rejection

Yet, the courts have occasionally rejected using the price specified in a
buy-sell agreement to establish value for Federal estate tax purposes. Reasons for rejection may include:
 

  • The purchase price was not subject to any re-evaluation;
  • The payment terms were too generous (indicating the testamentary nature of the agreement);
  • The price was not supported by a professional fair-market valuation at the time the agreement was created. 

Assessment

Of course, the courts are likely to scrutinize any buy-sell agreement if the specified value does not reflect a current fair market value for the medical practice/clinic business entity. 

Conclusion

Physicians must make sure that their medical practice buy-sell agreements are backed by sound valuation principles that are acceptable in US Tax Court. 

And so, what are your experiences – if any – with this emerging and important situation?

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Exchange Traded Funds (ETFs)

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A New Type of Index Fund Hybrid

[By JD Steinhilber]

ME-PExchange-traded funds (ETFs) are perhaps the most exciting and innovative investment products to be developed by the securities industry in the past 20 years. ETFs, which are essentially index funds that trade on the major exchanges, can enable the physician-investor or financial-advisor to add value to client relationships, by addressing the key issues of diversification, tax efficiency and investment costs.

Definition 

More formally, ETFs are defined as securities that combine essential elements of individual stocks and index funds. Like stocks, ETFs are traded on the major U.S. stock exchanges and can be bought and sold through any brokerage account at any time during normal trading hours.

Also like index funds, ETFs are pools of securities that seek to replicate the performance of specific market indices, or benchmarks, in a low-cost, tax-efficient manner. ETFs give physician investors the opportunity to buy or sell an interest in an entire portfolio in a single transaction.

In short, ETFs provide the advantages of traditional index mutual funds, including low annual fees, diversification and tax-efficiency, with the liquidity and ease of execution of stocks. 

ETFs trade throughout the day and allow investors to buy and sell them at stated market prices, unlike traditional open-end mutual funds, which are only bought and sold at their net asset value (NAV) determined at the end of each day. ETFs can also be bought on margin and sold short. 

ETFs were developed by large institutions, such as: Barclays Global Investors, State Street Global Advisors and Vanguard.In 2003, approximately $90 billion was invested in U.S. exchange-traded funds; that figure has more than doubled by 2008. 

ETF Asset Classes

ETFs provide exposure to a wide range of asset classes defined by various equity and fixed income indexes. At launch, available ETFs fell into multiple major categories, including:

  • Small-, mid- and large-capitalization
  • Growth, value and core
  • International (broad-based and country- or region-specific)
  • U.S. industry sectors
  • Fixed income

Of course, there are many more tranches or slices today, and for almost any asset class type imaginable. The indexes upon which ETFs are based are from Dow Jones & Company, Inc., Frank Russell Company, Goldman, Sachs & Co., Lehman Brothers, Morgan Stanley Capital International (MSCI), Standard and Poor’s, Cohen & Steers Capital Management, Inc. and the NASDAQ Stock Market, Inc; etc; among many others asset class benchmarks.

Sponsors and Types

The two principal initial sponsors of sector ETFs were State Street Global Advisors and Barclays Global Investors. State Street’s sector ETFs are termed Sector SPDRs (Standard & Poor’s Depositary Receipt), because they are based on the S&P 500. 

The nine original Sector SPDRs collectively encompassed all 500 companies of the S&P 500. Barclays’ iShares sector funds differ from the Sector SPDRs in that they are based on the Dow Jones classification system, which segments the U.S. economy and stock market into 10 sectors encompassing 1,625 companies.

There were iShares ETFs for each of these 10 sectors as well as certain industries, such as biotechnology which are components of broader and/or narrower sectors.  Today, they are almost TNTC.

Assessment 

Continuous information about sector and industry ETFs is available at www.ishares.com.  Information about Sector SPDR ETFs is available at www.spdrindex.com.

Conclusion

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Medical Practice Valuation Engagement Types

Physician Goals Determine Appraisal Acuity Levels

By Staff Writers  

Medical office valuation is as much art as fair-marketing accounting science. And, most physicians are unaware that – much like an IRS audit – there are several levels of acuity which may be obtained for various reasons. Although not standardized, the following three acuity levels are typical valuation engagement types: 

The Comprehensive Valuation

An extensive service designed to provide physician-owners and/or potential purchasers with an unambiguous opinion range on the value of a medical practice, ASC or healthcare entity. It is supported by all procedures that appraisers deem relevant to the engagement with onsite visit mandatory.  

This valuation type is suitable for contentious situations like divorce, partnership dissolution, sale, etc. The report includes a formal written Opinion of Value suitable for litigation support activities like depositions and trial. It is also useful for external reporting to bankers, investors, the public, etc.

A Limited Valuation  

This engagement type is the next step in acuity from a comprehensive appraisal as it lacks the performance of additional procedures that are suggested in an USPAP appraisal. 

It can be considered an “agreed upon procedures” appraisal that should only be used in circumstances where the client is the only user of the appraisal or as an organic growth ingredient; but not for external reporting. No onsite visit is needed for this US mail or fax delivered valuation.

A formal Opinion of Value is not rendered.

Ad-Hoc Valuation

This is the lowest level engagement where the appraiser is to provide a very gross and non-specific approximate indication of value based upon the performance of limited benchmark procedures by the firm.

No onsite visit is needed. Neither a written report nor an Opinion of Value is rendered. May be a voice based consultation. 

Other Engagements: 

Although not strictly valuation acuity levels, other engagement types include: 

Forensic Investigations

These provided for medical income and personal asset determinations and tracings as an essential modified component of most all medical practice valuations services. 

CYA Investigations

This report is an opinion whether or not a valuation is required. It is ideal for the physician client or health law attorney who is unsure if a practice has value or wishes to “cover your assets”. 

Conclusion

Your informed comments are appreciated.

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Medicare Mandating Electronic Prescriptions

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Proposed Legislation for 2011

[By Staff Writers]

In one of their final acts for 2007, the American Medical News just reported that US House of Representatives and Senate lawmakers introduced new legislation mandating e-prescribing for Medicare participating providers, beginning in 2011. The bill, if enacted, would fine physicians who continued writing paper prescriptions after January 1, 2011.

Paradoxically, it would also allow the Department of Health and Human Services [HHS] to grant one or two year financial hardship exemptions for not using the appropriate technology. Of course, the definition of “hardship” would be left up to HHS discretion.

The proposal also provides one-time Medicare grants to offset the costs of technology: $2,000 in the first two years of implementation, $1,500 in the next two years, and $1,000 permanently thereafter. 

Assessment

Finally, doctors would also receive a one percent bonus on Medicare Evaluation and Management {E&M] services provided in conjunction with an e-prescription. Compensation for E&M services provided during a visit using a paper prescription would be cut by 10 percent if the prescription could have been handled electronically.

Conclusion

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Regulations that Impact Medical Practice Value

Understanding USPAP Standards

Dr. David E. Marcinko; MBA, CMP™

Hope R. Hetico; RN, MHA, CMP™  

 

When a medical practice changes ownership, both the buyer and seller need to understand how industry regulation impacts practice value, as well as have an appreciation for accepted appraisal definitions and methodologies used by qualified appraisers to estimate value.   

Uniform Standards of Professional Appraisal Practice [USPAP] 

USPAP standards are promulgated to provide the minimum requirements to which all professional appraisals must conform. USPAP requires the three recognized approaches to value (the income, market, and cost approaches) be considered to estimate value. 

History 

In the fall of 1994 and 1995, the IRS first issued training guidelines pertaining to the valuation of physician practices. These guidelines suggest that appraisers consider all three of the general approaches to valuation as required by the USPAP. 

Valuation Approaches

Specifically in transactions involving physician organizations, the IRS implied: 1. The discounted cash flow (DCF) analysis is the most relevant income approach. 2. The DCF must be done on an “after-tax” basis regardless of the tax status of the prospective buyer. 3. Practice collections must be projected for DCF based on reasonable and proper assumptions for the practice, market, and health industry. 4. Physician compensation must be based on market rates consistent with age, experience, and productivity. 

Conclusion

And so, what is your experience with the above USPAP regulations, or are they new to you? 

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Externalities of Medical Practice Value

Understanding Premiums and Discounts

Dr. David E. Marcinko; MBA, CMP™

Hope R. Hetico; RN, MHA, CMP™ 

 

Some physicians today do not realize that after a medical practice is appraised, price discounts / price premiums may apply to the final selling / purchase price. These “externalities” may include the following:

Practice Appraisal Discounts:  

A discount may be applied to a medical practice valuation when there is no ready market for such interest, as in the case of a small town community, specialty provider or niche market. If the interest is not a controlling one, then a minority discount or lack-of-control discount may be appropriate. 

Two appraisals may even be used; one to valuate the practice, while the other to valuate the discount. 

Control Premiums:  

A control premium occurs when majority practice ownership provides a physician executive with the ability to: set practice business strategy, hire and fire employees, accept and reject managed care contracts, and determine compensation and perquisite levels, among other things. This is a valuable prerogative to possess. 

Reverse Practice Appraisal Premiums:  

On the other hand, the IRS may disallow a minority interest discount, and instead apply what is known as a swing-vote-premium (SVP).  How does this work? 

Let’s say that if a 20% interest in a three doctor practice is being valuated, and there are two other physician shareholders each owning 40%, the fair market value of that 20% may have significant and valuable controlling aspects, suggesting the SVP. 

Conclusion 

What is your experience with the above fair market value externalities? Were you previously aware of them? Please opine and comment.

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Onsite Practice Appraisal Visits

In-Situ “Walk-Through” Often Essential for Proper Valuation

Staff Reporters

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Introduction 

The most effective means for any valuation professional to confirm his or her understanding of medical business value, and how internal controls over financial and managerial reporting are designed and operated in a practice, is to evaluate and test its effectiveness, in-situ.

Purpose of the Visit 

The purpose of an office “walk-through” includes making inquiries of and observing the personnel who actually perform managerial duties and controls; reviewing documents that are used in, and that result from, the application of these controls; and comparing supporting documentation to the accounting records.

In a walkthrough, valuation professionals may also examine and review transaction in a medical practice management information system to the point where it is reflected in the practice’s consolidated financial reports.

But, an appraisal is not a forensic auditing process; nor does it track each and every source document; etc. 

Evidence of Value 

Walkthroughs also provide the valuator with evidence to: 

  • Confirm an understanding of the medical process flow of transactions.
  • Confirm an understanding of the management and design of valuation components related to the prevention or detection of fraud, over utilization, excessive expenses or salary, etc.
  • Confirm an understanding of the office workforce process by determining whether points in the process at which misstatements related to each relevant financial statement assertion that could occur have been identified.
  • Evaluate the effectiveness of the design of controls and office management.
  • Confirm whether office controls have been placed in operation. Of course, an onsite walk-through is the premier component of any comprehensive medical practice valuation engagement.  

When A Visit is Not Needed

If the purpose of the appraisal is for estate planning, for a buy-sell agreement, to sell the practice or for some other non-litigious purpose, then a site visit may be omitted and the cost will be sharply reduced.

However, if litigation is a strong possibility (as in a divorce, case of potential fraud or business dissolution), then it may be prudent to have the appraiser physically inspect the practice.   

Be sure to ask if the cost of your valuation includes a site visit.  Travel and lodging is not cheap and valuations that include an onsite visit will typically cost thousands of dollars more.

Conclusion 

Since there is as much valuation “art” as fair-market accounting “science” in the medical practice valuation and appraisal process; be sure to hire a knowledgeable and medically focused appraiser who’s best for your specific situation.

And so, what is your experience with the practice appraisal process? Have you ever bought, merged or sold a medical practice, clinic or related healthcare entity?

NOTE:For comprehensive institutional information on this topic, please subscribe to our premium, 1,200 pages, 2-volume quarterly print subscription guide: Healthcare Organizations [Financial Management Strategies]. And, be sure to visit: www.HealthcareFinancials.com

HO-JFMS-CD-ROM

Speaker: If you need a moderator or speaker for an upcoming event, Dr. David E. Marcinko; MBA – Publisher-in-Chief of the Medical Executive-Post – is available for seminar or speaking engagements. Contact: MarcinkoAdvisors@msn.com

Retail Health Clinics and the AMA

The Competition is Heating-Up

Staff Writers 

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As most doctors, payers, patients and consumers are aware, the retail quick-service medical care concept has found a familiar place in national chains such as Target, Wal-Mart and CVS, where pharmacies and patients already exist, and space is inexpensive and abundant.

These clinics are typically staffed by a nurse practitioner and offer a limited menu of walk-in medical services with co-payments between $10 and $30. And, unlike some physician practices, private pay patients are welcomed too!  

Recently, the retail delivery channel achieved a breakthrough of-sorts, when they were endorsed by their former their advisory, the American Medical Association [AMA]. The AMA’s stance against retail clinics eased after it was convinced that they would provide only basic medical services, according to the Convenient Care Association [CCA] adopted national standards.

Today, more than 800 retail clinics are open for business, and analysts predict that 85 percent of the U.S. population will have a clinic within five miles of home in five years. And, the number of retail health clinics is expected to multiply in 2008; as reported by the Washington Times. 

Now, as a healthcare executive, administrator or medical provider, have you been positively or negatively impacted by this new medical delivery business model?

 

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Investment Policy Statement Construction

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Developing a Sample IPS Document Template

 [By Clifton McIntire; CIMA, CFP®]

[By Lisa McIntire; CIMA, CFP®]fp-book

Here is an abbreviated sample Investment Policy Statement [IPS] template for a healthcare entity, clinic, private physician or hospital endowment account; posted by “Ask-a-Consultant” subscriber request. 

Introduction

An IPS typically contains the following sections, at a minimum. It may be a 5-15 page document for a single physician investor, or a 50-100 page tome for a hospital endowment fund.

Statement of Purpose

The purpose of this section is to guide and direct physician managers in the investment of hospital endowment funds. You want details about goals and objectives, as well as the performance measurement techniques that will be employed in evaluating the service rendered by the physician managers. 

Realizing that your overall objective is best accomplished by employing a variety of management styles, you will adjust your asset tolerances and permissible volatility to incorporate specific doctor-manager styles. 

Statement of Responsibilities

To achieve overall goals and objectives, you want to identify the parties associated with your accounts and the functions, responsibilities, and activities of each with respect to the management of fund assets. 

Physician managers or financial consultants [FC] are responsible for the daily investment management of Plan assets, including specific security selection and timing of purchases and sales. 

The custodian is responsible for safekeeping the securities, collections and disbursements and periodic accounting statements. The prompt credit of all dividends and interest to our accounts on payment date is required.  The custodian shall provide monthly account statements and reconcile account statements with manager summary account statements. 

The physician executive or financial consultant [FC] is also responsible for assisting us in developing the investment policy statement and for monitoring the overall performance of the Plan. 

Investment Goals and Objectives

The asset value of the funds, exclusive of contributions or withdrawals, should grow in the long-run and earn through a combination of investment income and capital appreciation a rate-of-return in excess of a specified market index for each investment style, while occurring less risk than such index. 

It is recognized that short-term fluctuations in the capital markets may result in a loss of capital on occasion, commonly expressed as negative rates of return. The amount of volatility and specific frequency of negative returns shall be detailed for each investment style. We will provide specific numeric targets by which we will measure whether or not objectives have been met.  

The investment policy of the Plan is based on the assumption that the volatility of the portfolio will be similar to that of the market.  A specific index or combination of indexes will be assigned to each manager based on the class of securities and style of selection to be employed. The physician consultant or FC will determine an overall index for volatility and asset allocation within the Plan as a whole.

It will be the duty of the physician or FC to monitor this section closely and advise us of necessary changes to comply with our overall policy. We expect that the accounts in total will meet or exceed the rate of return of a balanced market index comprised of the S&P 500 stock index, Lehman Brothers Government/Corporate Bond Index and U.S. treasury bills in similar proportion to our asset allocation policy. 

Recognizing that short-term market fluctuations may cause variations in the account performance, we expect the combined accounts to achieve the following objectives over a three-year moving time frame:   

  1. The account’s total expected return will exceed the increase in the Consumer Price Index by 7.0 percentage points annually.  Actual returns should exceed the expected returns about half the time.  Expected returns should exceed actual returns about half the time (i.e. if the CPI increases from 5.0 percent to 7.0 percent, then expected return should exceed 9 percent).
  2. The total annual return of the account is expected to exceed the average CPI for the year by an absolute of 3.0 percentage points (i.e. if the average CPI is 5.0 percent, then the expected annual return should exceed 8.0 percent).
  3. The average total expected return will exceed 10 percent annually. 

Suggested Performance Comparison Indexes

Style Index
Small Cap Growth Russell 2000 Growth
Medium Cap Value Russell Medium Cap Value
Small Cap Value Russell 2000 Value
Growth Russell 1000 Growth
Value Russell 1000 Value
Tax-Free Bonds Lehman Brothers Municipal
Taxable Bonds Lehman Brother Govt/Corp
Blended Account S&P 500/ Lehman Brothers Govt/Corp

Proxy Voting Policy

The physician manager or FC shall have the sole and exclusive right to vote any and all policies solicited in connection with securities held by us.

Trading and Execution Guidelines

Trading shall be done through a brokerage firm.  However, this request should in no way at any time affect the performance of accounts.

Instruction to execute transactions through a brokerage firm assumes that their service is equal to, and the rates are competitive with, other nationally recognized investment firms.

Additionally, it is understood that block transactions or participation in certain initial public offerings might not be available through a primary broker. In this case the manager should execute those trades through the broker offering the product and service necessary to best serve our account. 

Social Responsibility

No assets shall be invested in securities of any organization that does not meet the standard for socially and morally responsible investments we establish and communicated separately in writing to our physician investment manager. 

It is the responsibility of the physician or FC to maintain a list of such prohibited investments with us and to inform the respective managers of this list. 

Asset Mix Guidelines 

It shall be the policy of the foundation to have the assets invested in accordance with the maximum and minimum range for each asset category stated below.

This section applies to our overall account as monitored by the physician consultant.  Separate asset category guidelines will be provided for multiple physician managers, according to specified style and standard deviation tolerances.  

ASSET MINIMUM TARGET MAXIMUM REP
CLASS
WEIGHT
WEIGHT WEIGHT INDEX
         
Equities 50 60 70 S&P 500/FRC 2000 Index
Fixed Income 25 40 55 LB Muni/LBGC Inter
Cash & Equiv 0 0 30 90 Day Treasury

Portfolio Limitations

The following are general requirements of the account as a whole.  These specific limitations would be adjusted for a different medical manager or FC whose performance expectation would make it necessary for us to expand on our definitions. 

Equities: 

Equity securities shall mean common stock or equivalents (American Depository Receipts plus issues convertible into common stocks). 

Preferred stocks with the exception of convertible preferred share are considered part of the fixed income section. 

The equity portfolio shall be well diversified to avoid undo exposure to any single economic sector, industry group, or individual security. No more than 5 percent of the equity portfolio based on the market value shall be invested in securities of any one issue or corporation at the time of purchase. No more than 10 percent of the equity portfolio based on the market value shall be invested in any one industry at the time of purchase.

Capitalization/stocks must be of those corporations with a market capitalization exceeding $250,000,000. Common and convertible preferred stocks should be of good quality and listed on either the New York Stock Exchange [NYSE], American Stock Exchange [AMX] or in the NASDAQ System with requirements that such stocks have adequate market liquidity relative to the size of the investment. 

Fixed Income Investments: 

Types of securities of funds not invested in cash equivalents (securities maturing in one year or less) shall be invested entirely in marketable debt securities issued either by the United States Government or agency of the United States Government, domestic corporations, including industrial and utilities and domestic bank and other United States financial institutions.  

Quality: only fixed income securities that are rated BBB or better by Standard and Poor’s or Baa by Moody’s shall be purchased.  

Maturity: the maturity of individual fixed income securities purchased in the portfolio shall not exceed thirty years.

No more than 30 percent of the fixed income portion of the portfolio may be placed in these lower rated issues.  The average quality rating of the fixed income section shall be grade A; or better. 

Restricted Investments:  

Categories of securities that are not eligible without prior specific written approval of the physician investor, healthcare entity, clinic or hospital foundation include:     

  • Short Sales
  • Margin purchases or other use of lending or borrowed money
  • Private placements
  • Commodities
  • Foreign Securities
  • Unregistered or Restricted Stock
  • Options
  • Futures

Administration

The custodian will be responsible for settling trades executed by the physician manager in our accounts. From time to time, we will request disbursements from the accounts. Checks covering these requests must be mailed to us on the date of the request providing telephone notification is received before 2:00 pm; EST. 

Performance Review and Evaluation

 Performance results for the physician manager or FC will be measured on a quarterly basis. Total fund performance will be measured against a balanced index posed of commonly accepted benchmarks weighted to match the long-term asset allocation policy of the Plan.

Additionally the investment performances specific for individual portfolios will be measured against commonly accepted benchmarks applicable to that particular investment style and strategy.

The physician investor or FC will be responsible for complying with this section of our policy statement.  The managers or FCs shall report performance results in compliance with the standards established by AIMR (Association for Investment Management and Research); now the CFA Institute.  Reports shall be generated on a quarterly basis and delivered to us with a copy to us within four weeks of the end of the quarter. 

Communications 

Copies of all transactions will be maintained on a daily basis and will conform to our Investment Policy Statement. Monthly statements for each of the accounts will detail each transaction and summarize the account identifying unrealized and realized gains and losses. 

A formal meeting will be prepared quarterly by the consultant and delivered to us within six weeks from the end of the quarter.  The report will review past performance and evaluate the current investment outlook and discuss investment strategy of the physician manager.  These reports will compare the performance of the manager with the respective market benchmarks measuring return and volatility and compare the managers with their respective peer groups. 

Conclusion 

Of course, an IPS can include or exclude almost whatever you – or your institution’s governing board – may wish.

Finally, any professional financial manager or FC will be required to forward to you the SEC Form ADV Parts 1 and 2 annually, or at any interim point the ADV is substantially revised.

Remember to use a fiduciary financial consultant and/or physician-focused and/or appropriately degreed and/or licensed CPA, CFA, RIA or CMP™.  Investment results should never be guaranteed!

QUESTION: Does your hospital institution, medical practice, clinic or healthcare business entity have an ISP; more importantly – do you?  Please comment.  

Conclusion

Your thoughts and comments on this ME-P are appreciated. Feel free to review our top-left column, and top-right sidebar materials, links, URLs and related websites, too. Then, subscribe to the ME-P. It is fast, free and secure.

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Speaker: If you need a moderator or speaker for an upcoming event, Dr. David E. Marcinko; MBA – Publisher-in-Chief of the Medical Executive-Post – is available for seminar or speaking engagements. Contact: MarcinkoAdvisors@msn.com

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Doctors Fall-Short On Professionalism

AIM Professional Ethics Study Revealed

Staff Writers 

 

Doctors agree on basic theories of professionalism, but may not live up to those ideals in practice, according to a survey of more than 1,600 physicians published in the Dec. 4, 2007 Annals of Internal Medicine [AIM]. 

Nearly all surveyed agreed that physicians should use medical resources appropriately, be truthful with patients, minimize disparities, treat patients regardless of payment ability, maintain board certification status, perform peer-review, avoid sex with patients, work on quality initiatives, disclose conflicts of interest, report impaired or incompetent physicians, and report medical errors; etc. 

But, more than half revealed that they failed to report an observed medical error in the last three years, and/or report an impaired or incompetent colleague.

And, more than a third of the doctors said they would order an unnecessary magnetic resonance imaging [MRI] scan to pacify an insistent patient. 

So, does medical professionalism relate to patient bedside manner, as well?

Maine Overturns Medical Data Restrictions

Prescription Information Dissemination OK’d

Associated Press, December 24, 2007 

A federal judge in Maine recently overturned a new state law that restricts access by medical data companies to doctors’ prescription information.  

U.S. District Judge John Woodcock concluded that the law, which was scheduled to take effect Jan. 1, would prohibit “the transfer of truthful commercial information” and “violate the free speech guarantee of the First Amendment.”   

The law had been challenged on constitutional grounds by IMS Health Inc. of Norwalk, Conn., Wolters Kluwer Health of Conshohocken, Pa., and Verispan of Yardley, Pa., which collect, analyze and sell medical data to pharmaceutical companies for use in their marketing programs. 

Judge Woodcock noted that he relied heavily on an April 30 ruling by a U.S. District Judge in New Hampshire that shot down a similar law in that state, while a similar case is pending in Vermont. 

And so, what is your opinion on physician prescription information privacy? Will other states follow Maine?  

Hospitalist Outcomes Study Report

Only Modest HLOS and Cost Reductions Achieved

By Staff Writers

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In the first large scale study on hospitalists, researchers followed 75,000 patients admitted to 45 hospitals between September 2002 and June 2005. They concluded that hospitalists reduced the average four-day hospital length of stay [HLOS] by about 12% [half-day].

However, despite the HLOS reduction, hospitalists offered only modest savings compared with general internists, and no significant savings over family doctors.

The researchers opined that hospitalists may simply do the same amount of work in less time, or may order more tests since they aren’t intimately familiar with patients’ histories.

The study was just published in the New England Journal of Medicine [NEJM]. 

And so, how do these results affect your opine of the hospitalist movement?

 

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Novel Medical Practice Valuation Approaches

Enhancing Buyer Affordability

By Dr. David Edward Marcinko; MBA, CMP™

By Hope Rachel Hetico; RN, MHA, CMP™

biz-book2

All doctors realize that earnings drive the value of any medical practice, and more earnings equate to increased value. But, if a buyer cannot reproduce the earnings of the seller, the practice is worth less to the buyer. And, there are many variables that enter into this calculus.  

For example; will the patients return to see a new doctor, and will traditional referral sources refer to him or her? Does the new doctor have the necessary skills, training and experience to provide the same level of care, as the seller? Most importantly, consideration has to be given to the transferability of goodwill and/or assign ability of managed care contracts. 

For these and many other reasons, the following blended practice valuation approach may be considered for small and mid-sized medical practices, instead of the more traditional business techniques often used.

Introduction

Dr. Carl M. Caplan, MBA, a retired consultant from Baltimore, Maryland, believes that a medical practice will sell [or should sell] only when the buyer feels that s/he can generate a reasonable level of income while servicing the practice debt.

Therefore, the projected income level to the buyer is a critical factor, which he has termed “real” net income, as demonstrated below. 

[1] Sales Example 

Let’s say that the seller of an orthopedic surgical practice has an annual gross income of about $ 600,000. The practice is a professional corporation that pays its owner $ 250,000 per year in salary, with a corporate profit of $ 10,000. The office also provides a pension plan, life, annuity, disability, and health insurance, FICA taxes, seminar, traveling, continuing education expenses, and other fringe benefits, in the amount of $ 110,000 per year. 

Therefore, the “real” net income before taxes is $ 370,000. Since the doctor owns the office building, he pays no rent and his wife, a registered nurse, works as his medical assistant, receiving an annual salary from him of $ 12,000. 

First Math Steps

The first math steps in using the concept of “real” net income appraisal is to determine what income a buyer would receive under conditions that would likely exist in the office after the sale. 

Again, for example, suppose the buyer would have to pay $ 46,000 in rent, per year, to the seller, which is a reasonable rate for the geographic area. The buyer would also have to find a replacement for the seller’s wife, based on the going rate for RNs of other practices in the area; or about $ 36,000 per year. The office expenses are therefore increased by about $ 70,000 which must be subtracted from the seller’s real net income of $ 370,000, leaving a potential “real” net income of about $ 300,000. 

The Multiplier

Let’s further assume that the seller is asking for the equivalent of one year’s gross revenues (gross multiplier of 1), as the sale price of $ 600-K, and wants all cash up front. The local bank will currently provide a five year loan at about 9.25 percent, and the buyer will borrow the customary 20 percent down payment from another source on the same terms.

Crunching the above numbers produces a monthly cost to the new buyer of about $ 12,526 or about $ 150,000 per year. Using the Caplan method, “real” net income is only about $ 300,000 and there could still be a patient attrition rate of 10-30 percent, or more, depending on the transferability of some managed care contract and, of course, bedside manner and clinical acumen, of the purchasing doctor.

Now, at a 10 percent attrition rate, minus the variable costs to produce the $ 60,000, the resultant loss would now be about $ 54,000, further reducing the new buyer’s “real” income to a range of about $ 246,000.

Working Capital Needed

Moreover, the buyer still has to secure working capital to pay overhead costs until the accounts receivable can be converted into payments.

Assume the practice turns over its ARs every 4 months, or about every 120 days. Based on $540,000 in annual revenues after a 10 percent attrition rate, the amount required for ARs would be $ 180,000.

Considering the 9.25 percent interest charge, and the five year pay-back period, the annual payments would be about $ 45,000 and the new buyer now has a remaining “real” net income of only about $ 201,000 prior to any debt payments for the practice. 

Loan Basics

Now, recall that the principal portion of the loan is not deductible and once a sales price has been determined, it is divided into asset values. In this case, the practice may have tangible equipment (operating assets) appraised at $150,000, with the rest divided between goodwill and a non-compete covenant. 

Considering the difference between the asking price and the depreciation schedule of 15 years, as well as the fact that working capital is a loan paid with after-tax dollars, the buyer has cash flow considerably less than the calculated $ 201,000.

Therefore, with this method the practice appears to be over priced relative to the sellers original estimate using the 1X gross revenue “rule of thumb multiple” method. 

[2] Discount Sales Example 

Today, it is not uncommon for insurance contracts to be non-transferable, reducing practice sales price. Since earnings drive the value of any practice, if the new buyers cannot replicate prior earnings, the practice should sell at a discount.

Many variables enter into consideration however, and the Caplan method offers the following items for consideration:

· Will referring practitioners still send patients to the new doctor?

· Will patients see the new doctor?

· Can the new doctor provide the same medical services?

· Where will earnings be derived? 

Above all, due diligence in the form of the above inquiries must be performed before any sales transaction is consummated.

[3] Practice Merger Example 

Finally, when merging practices of unequal production, Caplan suggests the following guidelines.  

Let’s suppose Dr. Adams produces $ 500,000 and nets $ 200,000 per year. Dr. Baylor produces $ 250,000, and nets $ 100,000, for a combined net income of $ 300,000. After some preliminary estimates, they assume that by merging they will experience overhead cost reductions of $ 30,000, while revenues stay flat, but increasing the aggregate to $ 330,000 after their merger.

Since Dr. Adams is bringing in two-thirds of the revenue, he is credited with $ 330,000 x .667 or $ 220,000.  So, Dr. Baylor receives $ 330,000 x .333 or $ 110,000.

For an equal contribution of income, each doctor would have to contribute $ 165,000; therefore Dr. Baylor pays $ 55,000 as an adjustment to Dr. Adams. 

Conclusion 

These methods are buyer friendly and might best be used in cases where a dearth of buyers exists, in collegial mergers, to reward a current associate doctor or to ensure the continued survival of a medical practice business entity.  

And so, what valuation methods have you used or seen in your local medical community; what was the outcome and why?   

NOTE: For comprehensive institutional information on this topic, please subscribe to our premium, 1,200 pages, 2-volume quarterly print subscription guide: Healthcare Organizations [Financial Management Strategies] http://www.healthcarefinancials.com

Speaker: If you need a moderator or a speaker for an upcoming event, Dr. David Edward Marcinko; MBA is available for speaking engagements. Contact him at: MarcinkoAdvisors@msn.com

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Domestic Healthcare Economics in Review

Commentary on Rising Healthcare Costs – OR – How Did We Get Here?

By Dr. David Edward Marcinko; MBA, CMP™

By Hope Rachel Hetico; RN, MHA, CMP™

“New financing and risk management schemes, restructured delivery systems, advanced therapeutics, sophisticated information technology and profound demographic shifts are among the forces that will lead to very different healthcare systems in the first part of the 21st century.”

-Clem Bezold 

Introduction

Traditional organizations in the “good old days” – except for the military – provided indemnity (fee-for-service) insurance which gave patients great freedom and MDs great incentives to supply care. But, insurers had little control over the care that was rendered and its associated costs. Healthcare costs skyrocketed to more than a trillion dollars, or 15 percent of GNP by 2002, crippling U.S. productivity.  

The increase has continued unabated, since then. 

Present Day Medicare 

Now, consider that Medicare which says it has enough to “pay” medical benefits for our seniors, in reality cannot pay a thing. This created a rising burden on the young, who subsidized treatment for the old and middle-aged. Workers under 65 pay most taxes and even among workers there are generational subsidies. 

In 1999, workers aged 45-64 years-old – with employer-paid insurance – had health costs twice those of workers aged 18-44; since the young have wages reduced because of elder insurance costs. Additionally, Medicare C+ programs have fared even worse, as evidenced by the wave of plan dropouts, corruption, quality concerns, and continued issues about burdensome requirements and inadequate payment rates. 

Medicare Since Inception 

Also, realize that since 1963 – in the Medicare system alone – the following has happened:

· Workers contributing to the system decreased from 6:1 to 2:1 since 1963.

· Enrollees increased from 22 million to more than 55 million currently.

· The elderly population increased from 10 percent to 17 percent of the U.S. population.

· The average life span increased from 71 to 79 years.

· The Medicare Trust Fund is not really a trust fund at all; but actually an accounting fiction since technically the fund holds interest earning U.S. government bonds, representing an accounting surplus of payroll taxes collected minus benefits paid. The bonds are essentially IOUs the government has written to itself). 

Furthermore, the rising cost of healthcare attributed to wide treatment variability patterns, and mistakes reported by the Institute of Medicine [IOM], could be ascribed more to style than to patient differences.  

Medical Treatment Variability 

In the classic example, studies by John (Jack) Wennberg, MD, in the early 1970’s at Dartmouth Medical School, shocked the health care community when he discovered that differences in hysterectomy, tonsillectomy and prostatectomy rates in one county were 30-50 percent higher than rates in adjacent counties. 

By the early 1980’s Wennberg’s studies concluded that new physician incentive were needed if doctors were to provide appropriate care at acceptable costs.

Nevertheless, iatrogenic (doctor-induced) factors contributing to healthcare cost escalation continued into the 1990’s, despite rising physician incomes.  And, a few years ago it was estimated that:

· 53 percent of all surgeries may be unnecessary.

· 36 percent of all medical office visits may not be needed.

· 35 percent of all hospital admissions may be iatrogenic.

· Iatrogenic medication errors abound. 

Other causes of spiraling costs included: voracious consumer appetite, lifestyle drugs with direct to patient advertising, inflation, cost shifting, and the relative insulation of consumers to the true cost of medical care. 

The “Malpractice Phobia” 

Moreover, malpractice phobia, misinformed patients, hungry trial lawyers and class action lawsuits have all contributed to escalating healthcare costs.  

For example, the Jury Verdict Research estimated median award statistics for the Year 2000, as:

· $689,000 for medication errors;

· $563,000 for misdiagnosis cases;

· $277,000 for surgical negligence;

· $280,000 for non-surgical treatment cases;

· $284,000 for cases involving doctor/patient relations;

· $630,000 median award for all medical malpractice cases. 

All have grown since then.

Conclusion 

Not coincidentally, corporate America looked for methods to contain costs and provide pro-active, rather than retroactive-active medical care. In the past, managed care, not national healthcare, was the private result.  

But, a national healthcare system may still be in the future. 

What are your thoughts on the above regarding the upcoming political election season?

More related info: www.HealthDictionarySeries.com

Speaker: If you need a moderator or a speaker for an upcoming event, Dr. David Edward Marcinko; MBA is available for speaking engagements. Contact him at: MarcinkoAdvisors@msn.com

Toward a National Healthcare System

EEOC Health Benefit Reductions and Eliminations

Staff Writers 

 

The Equal Employment Opportunity Commission issued a new policy in December 2007 stating that employers can reduce or eliminate health benefits for retirees when they turn 65 years old and become eligible for Medicare.  

The new regulation allows employers to establish two classes of retirees, with more comprehensive benefits for those under 65 and more limited benefits – or none at all – for those older.  Currently, more than 10 million retirees rely on employer-sponsored health plans as a primary source of coverage or as a supplement to Medicare.

The EEOC rule helps employers continue to voluntarily provide and maintain important health benefits.  

In general, it observed that employers are not required by federal law to provide health benefits to either active or retired workers. And unfortunately, the rising cost of health care and the increased life expectancy of workers have led some employers to not provide retiree health benefits or even negotiate the issue, according to some New York Times newspaper pundits. 

The Society for Human Resource Management, AFL-CIO, the American Federation of Teachers, the National Education Association, the American Benefits Council, and other groups support the decision, according to the EEOC.

And so, what do you think – are we heading toward a national healthcare system by default?

New Negligent Medical Care Policy Proposal

In with Contract Law – Out with Tort Law and Litigation

Staff Writers 

 

The National Center for Policy Analysis [NCPA} recently reported that more than 98 percent of people injured by negligent medical care never files a lawsuit. Moreover, among the lawsuits that are filed, one in three doesn’t involve medical errors and only 46 percent of the payouts in malpractice cases go to patients. 

Of course, the threat of malpractice litigation causes great distress for doctors. One in four is sued in any given year, while more than half are sued at least once during a career. 

Therefore, the NCPA proposed using voluntary medical care legal contracts to:

· Pre-determine economic damages in the event of unexpected death or disability.

· Allow the economic payouts to be risk-adjusted.

· Require doctors to disclose quality information.

· Mandate patient accountability with medical orders.  

The center said that a legal contract system might compensate patients harmed by medical errors, reduce the cost of determining fault and compensation, and encourage health care providers and patients to reduce the frequency of errors.  

What do you think about this new health law vision of medical negligence as contract law? 

Interview with Dr. David E. Marcinko of iMBA Inc [Part 2]

THANKSGIVING DAY INTERVIEW [continued from December, 2007]

INTERVIEW: Dr. David Edward Marcinko; iMBA Founder and CEO: www.MedicalBusinessAdvisors.com, a private health economics and consulting firm with no debt, no investors and no plans to go public.

 TOPIC: Medical Unions, Collectivism and Related Competitive Thoughts Part II

 REPORTER: Hope Hetico; RN, MHA Consulting Professor for: www.CertifiedMedicalPlanner.com and Managing Editor of our companion print guide HealthCare Organizations [Financial Management Strategies].

LOCATION:  A local restaurant in Atlanta, Georgia, serving deep fried turkey, a Southern delicacy and tradition.

TRANSCRIPTION: Ann Miler, RN

 EPILOGUE: Last month, in Part I, we initiated a riveting discussion on the impact of medical unions, collectivism and related competitive thoughts on the healthcare industrial complex, with Dr. David Edward Marcinko, Founder and CEO of iMBA, Inc. The topic inquiry was suggested by a reader. We now conclude that controversial interview.

Ms. Hetico: As we press on; what about public sympathy for medical unions? 

Dr. Marcinko: Almost a decade ago in 1998, Fortune magazine carried the headline “When Six Figured Incomes Aren’t Enough. Now Doctors Want a Union.”  Rightly or wrongly, the public has no sympathy for affluent doctors. Public support, as seen in a UPS strike about the same time, is not in favor of organizing physicians. To the man in the street, it’s just a matter of the rich getting richer. After all – MDs were not crying under the traditional fee-for-service system; it was just when managed care adversely impacted incomes that the imbroglio began. The doctors, on the other hand, want to unionize to get MCOs to return to them the power to practice medicine as they see fit, not money.  

Ms. Hetico: But, isn’t perception – often reality? 

Dr. Marcinko: Indeed, perception is often the reality in many cases. Moreover, the AMA discouraged unions and past president Tom Reardon, MD opined that unions can’t do any more for physicians than their county or state medical associations can. 

Ms. Hetico: OK. Medicine is different as a “leaned profession”; but what about the medical unions that did organize? 

Dr. Marcinko: As of a few years ago, these unions were still in existence although not flourishing and my statistics may be a bit old: 

·  National Doctors Alliance [affiliated with the Salaried Employees International Union (SEIU)] an umbrella group for: 

·  Committee of Interns and Residents

Membership: > 11,000 Growth: 1,000 Dues: 1.375% – 1.5000% of salary  

·  Doctors Council

Membership: > 3,500 Growth: 1,000 Dues: $ 720 / year 

·  United Salaried Physicians and Dentists

Membership: 1,200 Growth: 300 Dues: .85% salary with $ 650 annual ceiling 

·  Federation of Physicians and Dentists

Membership: 8,500 Growth: 250 Dues: $ 672 / year 

·  Physicians for Responsible Negotiations (MD/DO only)

Membership: N/A Growth: N/A Dues: $ 300-$720 / year

·  Union of American Physicians and Dentists

Membership: 6,000  Growth: 15-17% annually  Dues: $ 465 initial fee, plus $ 400/year, plus $ 100 annual IPA surcharge.

Ms. Hetico: What were some of the psychological barriers to the formation of medical unions for doctors and medical professionals?

Dr. Marcinko: I recall William F. Shea, President of the Shea Companies, who wrote in Managed Healthcare News that there are numerous psychological barriers against the formation of physicians union.

These include (1) the public perception of medical professionals as a “cut above” ordinary workers, (2) doctor’s attempts to wrap collective bargaining within the mantle patients rights will lack credibility, and (3) the highly educated physician’s ability to re-engineer and seek alternate employment opportunities rather than accept the salary scale or lack of autonomy present in restricted HMOs.

In other words, MD resignation through individual re-deployment might be the most effective “strike,” if called by one practitioner at a time.

Ms. Hetico: So, what can be done for physicians – if anything – about their medical union education and re-education? 

Dr. Marcinko: “We are living in a world where what you earn is a function of what you learn”, former President Bill Clinton was fond of saying. This statement has become one of the truisms of the information age and by extension, hopefully the medical establishment. Correspondingly, it might be added that “it’s not so much what you learned in medical school yesterday, but what you will continued to learn today and tomorrow, that really counts.” 

For example, in the golden age of medicine (about 1965-1985), the wage premium enjoyed by physicians, over college graduates and other laborers (union and non-union), increased by about 35-55 percent. But a new type of medical professional, the paraprofessional [LPN, nurse practitioner, CNA, PA, nurse-midwife, healthcare technician or electronic expert (i.e., Google search engine, etc.] arrived on the healthcare scene.

Using powerful computer software, massive medical databases and sophisticated treatment algorithms, these networks possessed the potential to reduce the huge economic edge of traditional educated and professionally degreed physicians, over less educated caregivers. These decision support systems (DSS) and evidence based medicine [EBM) parameters are already dramatically decreasing the amount of formal education and mental skills needed to perform many medical tasks. Combined with other medical educational software, makers of online and interactive computer based internet testing (CBIT) material could significantly increase the pool of nonprofessionals qualified to compete for healthcare jobs (www.HealthDictionarySeries.com)

In the process, wage premiums would shrink not only for practitioners, but for tenured teaching physicians with years of accumulated experience, as well.

Ms. Hetico: Do say! What a diatribe? 

Dr. Marcinko: Here is the bottom line: the days of wanting “experienced grey hair” in medicine may soon be over. Patients may chant instead, give me the young “spike-haired” technologist doctor. Of course, no decision support system can replace judgment, experience and wisdom, but they can reduce the considerable monetary premium many doctors earn by knowing medical facts and processes that – while simple – might often be difficult or time consuming for students, residents or interns to find out about and learn.

It all goes back to the 80/20 rule, again. Because we are a nation that champions the weak – with a collective ennui that favors the underdog – the healthcare systems tends to deal much better with the vital 20% few, than the trivial 80% many. We love John Wayne, Rocky Balboa, organ transplants, and other medical heroics, etc. 

Ms. Hetico: But, you seem to be saying that doctors aren’t special, anymore? 

Dr. Marcinko: No, docs are very special. But, “among professional people, such as accountants, attorneys and especially physicians, there is a misconception that whatever they do is so uniquely creative and important that it can’t possibly be reproduced or put into a computer, where it can be easily and cheaply accessed by mere mortals.” When, in fact, it increasingly can.  

Obviously, this is bad news for doctors and medical students who spent a lot of money, time and energy to acquire medical degrees with the expectation of high salaries.  

Ms. Hetico: Is there a parallel somewhere in another industry that we can learn form?

Dr. Marcinko: Of course; just look at the off-shore hiring experience and visa problem of the IT pros [information technology]. Like us, they just can’t get used to the idea that they aren’t replaceable in the workplace anymore? 

Ms. Hetico: Please elaborate? 

Dr. Marcinko: We doctors got used to being overpaid when Medicare began because we had the government and private payers over a knowledge-based barrel. Now, rather than face the reality that our economic glory days are behind us – it is a new era – and be satisfied with a reasonable wage base; we tend to delude ourselves into thinking that we are getting ripped off. 

Ms. Hetico: So, doctors aren’t used to mere mortal status after so many years of being pampered? 

Dr. Marcinko: Yes! And, as Frank Levy, PhD of the Massachusetts Institute of Technology noted, the educational premium has not only remained flat in recent years, it has actually shrunk among medical professionals. In 1995-96, for the first time in a generation, blue collared technical, not labor, employment and real wages have begun to rise without a reason to believe that the gap between labor and technical skills won’t expand indefinitely. DITTO with medicine, I think. 

Ms. Hetico: In other words, wages like trees, don’t grow into the sky forever? 

Dr. Marcinko: Exactly, throughout most of the 19th century, quasi (blue collared) professionals, such as engineers, teachers, carpenters, and mechanics enjoyed a pay advantage over laborers, even as the relative wages of many other traditional (white collared) professionals began to substantially decline … so     

Ms. Hetico: How does the retail 2 wholesale payment shift impact unions?

Dr. Marcinko: Although the term paradigm shift was seldom used buzzword in contemporary medicine, it is a popular term in corporate America, which is entirely comfortable with the profound changes which constantly occur in its competitive climate.  The term merely denotes a fundamental change in the way business was done from a previous methodology.  Such core changes prompt hiring and firings, deployments and re-employments, education and re-education, on an almost daily basis. It’s just that to U.S. physicians – toppling from intellectual and economic grace is particularly hard to swallow after so many decades – and from such a seemingly arrogant and self important breed of worker.  

Nevertheless, according to Harvard economist Claudia Goldin PhD – “the lesson of the past is that we have to remain sanguine about income inequality.”  The current competitive crisis is not intrinsic to medicine and will surely pass, ingratiating those courageous and risk tolerant enough to change, while steam rolling over those who are too weak or risk adverse accommodate to new ideas. 

Of course, just how sanguine and optimistic you should be depends on how you practiced medicine today, or how you hope to practice in 2010 and beyond. History does seem to suggest however, that it is clearly possible for the wage premiums enjoyed by today’s cognitive “physician elite” to shrink, and that labor unions to the contrary, will have no impact one way or the other, on physician economic survival in the future. 

Ms. Hetico:  What then is the vision of medicine, if collectivism and unionization is not in the future of the profession?  

Dr. Marcinko: Many business experts believe the answer lies in consolidation into larger groups, Independent Practice Associations (IPAs) or major provider networks. Others believe in the new corporate medical business models known as 6th generation professional practice management corporations (PPMCs), despite the economic debacles on Wall Street, circa 2000 – or – perhaps even electronically connected medical and patient networks; with each serving as a collaborative compilation of all stakeholders through an open technology platform.  

Ms. Hetico: Any concrete examples or just theoretical at this point? 

Dr. Marcinko: One www.Sermo.com represented by founder and CEO Daniel Palestrant is for licensed physicians. The other, www.OrganizedWisdom.com represented by Co-Founder and President Unity Stoakes, is for patients. Both are getting at something that was never really made accessible before; information. Its goal is collecting, rating, codifying, ranking and making available the informal but very important experiences, wisdoms and discoveries of doctors and patients; again really interesting stuff. 

Ms. Hetico: You led a small regional PPMC in the late 90’s correct?  

Dr. Marcinko: Yes I did, and it was very hard, but we consolidated about a 95 single specialty practices before the implosion on Wall Street. But, our business model was based on debt, not equity. So, no one ever cashed out rich, or lost their money or livelihood, either. 

Ms. Hetico: How were you e-connected way back then? 

Dr. Marcinko: ISDNs; ugh! 

Ms. Hetico: Wasn’t it a private union of sorts? How did it work? 

Dr. Marcinko: Not really. Our PPMC was a corporate entity that provided administrative and management services to medical practices such as financial, marketing, human resources, contract negotiations, and information technology solutions. The goal was to achieve the economies of scale and profits not otherwise attainable by solo or the independent small group practice. 

The concept itself involved a vertically integrated network of practices, physical therapy centers, ambulatory surgery centers, prosthetic centers, wound care centers, clinical trials and outcomes centers, nursing and medical specialists; joint ventured together as a single corporate entity to provide comprehensive patient needs. Information from each location was to be electronically shared, integrated and compiled into a repository, allowing each diagnosis and treatment service to be tracked within the entire continuum of care. The practitioner was thus freed from the management, financial, purchasing, business and administrative burdens of daily medical practice. He or she was freed to practice the art of medicine and surgery. 

Ms. Hetico: That didn’t work out so well, then. What can be done today?

Dr. Marcinko: In our case, we were a little late to the Wall Street party, and a little early for the technology explosion. The roll-up model IPO attempt was aborted due to adverse market conditions, in 1999, and most folks only lost start-up organizational money.

Ms. Hetico: Did you survive the debacle?

Dr. Marcinko: My ego tanked; however I‘ve recovered. I am now a writer, speaker, financial and medical management consultant and journalist; among other things. I also like to think of myself as a health-economics thought-leader. Although, I do keep my license as a back-up.

Ms. Hetico: What is a health-economics thought-leader?

Dr. Marcinko: It’s someone who opines to the point where others are interested in listening to, or laughing at him; a visionary.

Ms. Hetico: You mean a know-it-all. Be careful, I remember you back in your clinical practice days.

Dr. Marcinko: Believe me, I am being very careful.

Ms. Hetico: So, what are physicians – and nurses – to do today? I was originally a nurse by training, and you originally a doctor. This discussion relates to me, too! We have both re-engineered and re-trained.

Dr. Marcinko: Today, if you are not a managerially astute practitioner, at least consider re-joining national medical organizations such as the ADA, AOA or AMA, which has been seriously under represented the last few years.  The AMA now has about 190,000 members and represents about 22 percent of America’s doctors (the closet thing we have to a medical union).

Ms. Hetico: What a boring idea from such an innovative guy like yourself?

Dr. Marcinko: You are right; boring. On the other hand, is joining such organizations another form of “thinking inside the box?”  You decide, but consider what have they done for you, lately? Even the AMA admitted that it has not be market responsive to its members for more than a decade, but finally made membership a top priority in 2002 going forward.  Still, it hasn’t done very well, and most folks think it won’t with all the infighting, ageism, etc. It does seem to do a nice job of political lobbying and cozying-up to the past generation of politicians, however. 

Ms. Hetico: Are you a member of the AMA? 

Dr. Marcinko: No. 

Ms. Hetico: Regardless of the future, in the ever-changing business model of medicine, unionization is not the structure of choice – is it?

Dr. Marcinko: No, I don’t think so. A more laissez-faire and highly competitive business model should be accepted.

Ms. Hetico: Yet, physicians have been slow to accept this philosophy. Much like a fad diet, new wonder drug or pop psychology guru, American doctors are trolling for a quick fix to the corporate crisis of managed care rather than adding innovation to their services through sweat equity.

Dr. Marcinko: Yep! More than most with a healthcare interest at stake, MDs/DOs have too often engaged in bashing others, railing about falling incomes, whining and assuming a posture of resistance in order to wear down perceived opponents.  Joining a labor union is just too easy, and, like most worthwhile things in life, true value is only realized only through hard work, re-engineering and risk taking, not signing a union membership application with no strategic competitive advantage or operational synergy. 

Ms. Hetico: What do you think about the new P4P initiatives; not very collective are they?

Dr. Marcinko: First off, I do like the idea of individuality. But yes, they are not very socialistic. And, my great fear is that they will become an excuse for doctors to abandon the sickest or most challenging patients; despite risk-adjustments, etc. Thus, the altruistic basis for the entire profession may be jeopardized. IOW: I fear a direct relationship between P4P and increased medical commercialization. I call it the medical merchant syndrome because that’s what some docs will become; “Merchants of Medicine.” 

Ms. Hetico: So, it sounds as though you favor social medicine or national healthcare.
Dr. Marcinko: No, what I am saying is that there must be a balance between medical collectivism for caregivers and the common good – and – capitalism with rewards for the innovative and competitive risk takers who are the deserved … or lucky few. 

Ms. Hetico: What is your answer to our domestic healthcare insurance conundrum and the uninsured crisis?

Dr. Marcinko: That’s way-off topic point, but we do have a healthcare safety-net in this country. The system is not always like Michael Moore portrayed in Sicko; but it’s just not always economically optimized either.

Ms. Hetico: Such an obtuse reply; just what does that mean? 

Dr. Marcinko:  Well, as an economist, just let me say that healthcare is not always delivered to the right patient, for the correct reason, at the most appropriate venue, by the right provider, or in the most efficacious route or cost effective manner.  Nevertheless, the demographics are against us making our task Sisyphus-like unless there is a paradigm-shift in medicine; rather than incremental adjustments.  

Ms. Hetico: So, just like the gods who had condemned Sisyphus to ceaselessly rolling a rock to the top of a mountain, where it would fall back again repeatedly of its own weight – we are doomed in healthcare?  

Dr. Marcinko: Not at all – prologue is not epilogue – but the analogy seems a good temporary one.  

Ms. Hetico: Who is your favorite philosopher?

Dr. Marcinko: Well, I am partial to several related healthcare ideas of Ann Rynd who postulated the existence of managed care and restrictive HMO-like entities more than half-century ago. Not only were many of her thoughts about it negative, some have come to fruition in one-way or another. 

Ms. Hetico: Her broad philosophy was one of objectivism, wasn’t it? 

Dr. Marcinko: That’s right; and objectivism encompasses positions on metaphysics epistemology, ethics, politics and aesthetics.  As a health economist, I interpret it aggregate the morality of rational self-interest and how society – or even an industry like healthcare – can stagnate when independent productive achievers (think doctors) begin to be socialized and even punished for accomplishments, even though society is more healthy and prosperous by allowing, encouraging and rewarding such self-reliance and individual achievement. 

Ms. Hetico: So, now you are an ethicist, too? 

Dr. Marcinko: Hardly, but independence and personal happiness flourish to the extent that we are free; and achievement rewarded to the extent that individual ownership of ideas and innovation is respected.

Ms. Hetico: Shall I add the moniker of “philosopher-ethicist” to your credentials?  

Dr. Marcinko: Not at all. Sorry, my Jesuit background from Loyola College, and the Woodstock Theological Seminary in DC, bleeds-through sometimes. Actually, my favorite medical ethicist is John LaPuma MD, in Chicago.

Ms. Hetico: Good pun – with the “bleeds-through.” 

Dr. Marcinko: It wasn’t intentional. 

Ms. Hetico: Any last thoughts on medical unionization? 

Dr. Marcinko: Remember, if you merely want a static job with promised security, pledged retirement benefits, limited goals and structured regulations; join a medical union [HMO, or privately accept any and all healthcare and/or governmental plans] and be mental laborer. 

However, if you desire more, such as the possibility of a dynamic medical career, the unlimited security of your brainpower, defined retirement contributions, infinite potential with risks and rules you can create along the way; don’t join the union, remain a real professional and be a physician. 

Ms. Hetico: Thank you Dr. Marcinko. It was the most unusual interview I have ever done. 

Dr. Marcinko: And, thank you too! It’s an important topic that has not been addressed much on the blogs!  

Ms. Hetico: I’m sure this discussion will change all that. I can see the avalanche of email opinions, text messages and blog reactions now; both for and against. 

Dr. Marcinko: I hope so, too!  BTW: Who do you interview next? 

Ms. Hetico: That information is confidential. 

Dr. Marcinko: OK then: What’s for dessert? Peach-cobbler, I hope. 

THE END