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

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About the Medical Executive-Post Weblog

Since inception, we and our sponsoring parent and professional consulting firm www.MedicalBusinessAdvisors.com, has acquired the reputation as one of the most independent and respected voices in the healthcare industrial complex and medical business industry.

And, while we have been praised as well as lambasted; we are never banal and are always pertinent, controversial, cutting-edge and physician compliant. Our related textbooks, CDs, paperbacks and best-selling dictionaries are among the most widely read publications in the field. And, our emerging online health administration professional educational program for physician focused financial advisors and medical business consultants is also growing www.CertifiedMedicalPlanner.org  

Of course, our quarterly print guide companion; Healthcare Organizations [Financial Management Strategies] is a premium 1,200 pages, two volume periodical, that keeps CEOs, CFOs, CXOs, physicians, nurse-leaders and healthcare executive subscribers abreast of the latest institutional health economics, managerial and business developments. It is known as the imperative survival guide in the current era of hospital reform.

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Chief Marketing Officer [CMO] Opportunity  

The CMO will direct all marketing and advertising efforts of the Executive Post at HealthcareFinancials.com and its related communication forums. 

The ideal candidate will have a Marketing / Advertising and English / Journalism background with proven record of performance from the print and dot-com era. However, students and interns of the rich new media communications era are also encouraged to apply. Duties include, but are not limited to the following: 

  • Recruit licensed, degreed and related business, IT, management, economics, financial and healthcare professionals and executives to post, comment, mentor and opine in all subject matter forums
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  • Promote the Executive Post to the nation’s hospitals, clinics and medical offices; physicians, dentists, healthcare practitioners and nurses; healthcare executives, managers and administrators; financial advisors, accountants, attorneys, HIT gurus and all business management consultants working in the healthcare space on a very limited budget.
  • Create marketing buzz, PR and enthusiasm for related hardcover texts, soft cover books and dictionaries, and especially our premium quarterly subscription institutional print-guide Hospitals and Healthcare Organizations [Financial Management Strategies].
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As CMO, you will also oversee the weblog and participate in iMBA’s www.MedicalBusinessAdvisors.com marketing activities; including marketing plans and communications, product marketing, market research, advertising, and public relations. You will establish company-wide marketing plans to attain corporate sales and profitability goals. You will evaluates the effectiveness of marketing programs and initiatives across all of iMBA’s product areas and develop business plans to expand business and keep products in a leadership role.

Reporting directly to the CEO, you will be a key contributor to the leadership and management team of the corporation. Specific start-up experience will be regarded as a definite plus. 

As an emerging e-enterprise, we offer no compensation or benefits program. You work as a 100% commission-based Independent Contractor [IC], anytime and anywhere. But, we do offer exposure, experience and opportunities to launch your professional marketing career, or extend an existing or former one [EOE]. Please contact us today with cover letter and resume!  

Edward: 770.448.0769 (vm) 775.361.8831 (fax)

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Medical Errors and Hospital Safety

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A “Speak-Up” Prevention Program

[By Staff Writers]

According to research by Harvard School of Public Health, about 34 percent of patients say they or their families have been affected by medical errors.  

For people with chronic illnesses, the percentage rises to a frightening 50 percent. This may be, in part, because doctors aren’t spending time listening to patients; interrupting after only 23 seconds.

Realistically, it also comes from the inevitable process errors that occur during routine care, including “never-event” like wrong-site surgery. 

Therefore, experts are increasingly suggesting that patients stay on guard in medical settings, and in particular, play a larger role in hospital medical safety. To get this done, it will take a cultural change, as patients typically assume they should blindly follow medial orders, according to Dennis O’Leary, JCAHO’s president.

And so, to promote patient participation in hospital safety, JCAHO has launched a new program called “Speak Up” to encourage the reporting of safety concerns. 

Now that patient advocates are also placing an emphasis on getting family members to keep their eyes open for hospital care errors – what do you think about this program – dismayed, dismissed or empowered?

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An Emerging Never-Events Policy

Leapfrog Hospital Quality and Safety Survey

Staff WritersHospital Access Management

According to a September 2007 report, just over half of responding hospitals have adopted the new Leapfrog Group Never-Events Policy, which is a list of actions to take whenever a “never-event” – a rare medical error – occurs. By agreeing to this policy, hospitals pledge to:

  • Apologize to the patient and/or family affected by the never-event.
  • Report the event to at least one of the following agencies: The Joint Commission, a state reporting program for medical errors, a Patient Safety Organization.
  • Perform a root cause analysis, consistent with instructions from the chosen reporting agency.
  • Waive all costs directly related to the serious reportable adverse event.

The Leapfrog Group follows the National Quality Forum’s (NQF) definition of “never-events”; which includes errors such as surgery performed on the wrong body part or on the wrong patient, leaving a foreign object inside a patient after surgery, and discharging an infant to the wrong person, etc. 

Is this policy reasonable or unreasonable, in your estimation?

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Offshore Employee Medical Benefits

A Global Healthcare Model

Staff Writers

 

American businesses are now extending their cost-cutting initiatives to include offshore employee medical benefits and facilities like the Bumrungrad Hospital in Bangkok, Thailand (cosmetic surgery), the Apollo Hospital in New Delhi, India (cardiac and orthopedic surgery) are premier examples for surgical care. 

Both are internationally recognized institutions that resemble five-star hotels equipped with the latest medical technology. Countries such as Finland, England and Canada are also catering to the English-speaking crowd, while dentistry is especially popular in Mexico and Costa Rica.  

Although still considered “medical tourism,” Mercer Health and Benefits was recently retained by three Fortune 500 companies interested in contracting with offshore hospitals and JCAHO has accredited 88 foreign hospitals through a joint international commission.  

To be sure, when India can discount costs up to 80%, the effects on domestic hospital reimbursement and physician compensation may be assumed to induce downward pricing pressure spirals. 

So, what do you think of this idea and how does it relate to the currently weak US greenback?

Values-Based Health Insurance

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Another New Idea?

[By Staff Writers]

According to Mark Fendrick MD and Michael E. Chernew PhD, instead of the one size fits all approach of traditional health insurance, a “clinically-sensitive” cost-sharing system that supports co-payments related to evidence-based value for targeted patients seems plausible.  

The Model

In this model, out-of-pocket costs are based on price and a cost/quality tradeoff in clinical circumstances: low co-payments for interventions of highest value, and higher co-payments for interventions with little proven health benefit.  

Benefit Product Packages

Smarter benefit products and packages are then designed to combine disease management with cost sharing to address spending growth. 

product sales

Assessment

What do you think of this new health insurance business model; is it revolutionary or evolutionary?

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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Tax and Estate Planning Attorneys

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Legal Re-Tooling in the Era of Healthcare Reform

[By Staff Writers]

As a tax, estate planning or bankruptcy lawyer, you already know that almost every legal magazine around has articles or advertisements proposing that you become a financial planning professional or business consultant to your physician clients. 

Moreover, lawyers of all stripes are being pushed toward interdisciplinary alliances by encroachment on their turf by the Big Four accounting firms. With audits of publicly held companies now a commodity, the giant accounting firms are getting more of their revenues from consulting, and that puts them into direct competition with attorneys, MBAs, actuaries and other management and financial service professionals. 

Of all careers, you know how absolutely onerous it is to practice medicine today, and are finally thankful that you did not take that career route many years ago. So, like your neighbor the accountant, you begin to explore that potential of developing a service line extension to your legal practice, in order to assist your medical colleagues who have been hit on hard economic times.  

2010 Estate Tax Reform Letter

The Epiphany 

In fact, you soon realize that more than 90,000 trust, probate and estate planning attorneys like yourself are interested in pursuing financial planning in the next decade. And, you reckon, advising physicians has got to be easier than law, or less stressful than the corporate lifestyle of your MBA trained brother-in-law, right? 

So, you set out to stretch your legal horizons and explore the basic legal nuances of those topics not available in law school when you were a student. Things like medical fraud and abuse standards; managed care compliance audits and Medicare recoupments, CPT® codes, OSHA, EMTALA, HIPAA, capitation and EPA standards; anti-trust issues; and managed care contract dilemmas or de-selection appeals; etc. 

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The New World 

What a brave new world the legal profession has become! Even the American Bar Association’s commission on multi-disciplinary practice has recommended that lawyers be permitted to share fees and become partners with financial planners, money managers and other similar professionals. 

As a real life example, the venerated Baltimore brokerage firm of Legg Mason teamed up with the Boston law firm of Bingham Danna, LLC, to create one of the first marriages between a law and securities firm. 

Assessment 

If you want in on the challenge and bucks, you’d better acquire at least a working knowledge of healthcare administration, or perhaps help craft some new case law, or assist your doctor-clients in some fashion; otherwise, you will remain a legal document producer.

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.

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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Comprehensive Financial Planning Strategies for Doctors and Advisors: Best Practices from Leading Consultants and Certified Medical Planners(TM)

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EMRs and Patient Safety

Exploring the Shibboleths

Staff Writers

A new study by University of Alberta and the Canadian Health System suggests that while Electronic Medical Records [EMRs] might provide a patient safety boost, not much is known about the full benefits of this technology.  

Despite assumptions that EMRs improve clinical workflow and medical care quality, there’s little evidence-based research to document this outcome. 

It was also noted that there’s a definite cultural impact on health organizations when they adopt EMRs. And so, it seems there’s a need to go out and challenge some shibboleths and EMR assumptions a bit more. What are your experienced impressions?

Conclusion

What do you think? On face value, the study does more to document the unknown impact of EMRs, than it does known patient care outcomes. And so, your thoughts and comments on this Executive-Post are appreciated.

Related Information Sources:

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Supply and Demand in Medical Care

The Imperfect Competitive Medical Marketplace

By Dr. David Edward Marcinko; MBA, CMP™

By Hope Rachel Hetico; RN, MHA, CMP™biz-book1 

The issue is not how to fill or reuse empty beds. In this changing environment, hospitals and health systems must focus on streamlining and simplifying operational processes, facilitating case management, promoting the least costly setting for care delivery, and optimizing resource sharing among departments. When hospitals have addressed these issues, then solutions to the “bed problem” will be obvious.

-Cynthia Hayward, 1996

How and why the current healthcare imbroglio happened is very complex, but here is a brief synopsis of current supply-demand inequalities.

A Definition of Medical Care 

Medical care is defined as the finite examination and treatment of patients, for monetary compensation. Among other reasons, changes in patient demand may occur as a result of the absence or presence of health insurance plans or the encouragement of additional treatments by profit maximizing providers. 

Health Economics 101 

Changes in supply occur as a result of physician shortages or surpluses and a host of other factors. Until recently, a glut of physicians has caused them to become “price takers,” selling a homogenous service.

How else could aggregate HMO fee schedules drop to some percentage below prevailing Medicare or Medicaid rates in some instances? Or, how else could otherwise qualified physicians be de-selected from managed healthcare plans because of large (successful equates with expensive) practices? 

The Supply-Demand Curve 

A graphical representation of this economic relationship produces the classic downward sloping demand curve and the upward sloping supply curve. At some point in time however, the treatment plan is completed, the patient is satisfied, and additional services are not needed. This is known as market equilibrium.  

When an industry becomes more competitive – either by too much supply or too little demand – market equilibrium fees tend to become elastic while patient volume becomes very sensitive to even small changes in price. This may be where we have arrived, right now relative to medical price elasticity. 

Medical Price Elasticity 

In a managed care environment, every covered service has a low price ceiling and every “non-covered” service has its own price elasticity.   

Traditionally, medical services were inelastic to price changes and considered a growth industry since a fee increase would also increase revenues.  Now, the marketplace has become resistant to pricing pressure by physician oversupply and managed care.  

Generally, a pricing coefficient greater than one is considered elastic, while a coefficient less than one is inelastic.

Interestingly, exact unity prevails when elasticity of supply is exactly equal to one.  

In the golden days of medicine, the price elasticity of medical care was greater than 1, now it is about .35 and diminishing 

Meaning to Doctors 

Financially, all this means that many doctors are “taking what they’re given (by HMOs, CMS, etc), because they’re working for a living”.   

Younger doctors under 40 are especially inclined to work for less since they have had little exposure to fee-for-service compensation. Older doctors are retiring. Middle-Agers are frustrated. 

Additionally, physicians have an increasingly smaller share of the medical marketplace because of so-called medical care extenders, such as PAs and nurse practitioner’s.

Some health plans have even done away with many true allied healthcare professionals, such as RN’s or CRNAs, in favor of trained, not educated, and less costly technicians.  

Conclusion

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Despite the financial impact of managed care on doctors, patients may also be hurt physically as the economic cost of medical re-intervention is often much more than the cost of the proposed initial professional care.  

For example, a study by Deloitte & Touche a few years ago, reported employee satisfaction was decreasing about 10 percent per year, as healthcare coverage represented a fiscal and economic time bomb on corporate books. 

How would you comment on the above in light of the IOM on medical errors and mistakes, findings a few years back?

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A Decade of Desperate Patients

Patients Disenfranchised from the System

Staff Writers 

“When was the last time you had freedom of choice in, of all places, a hospital? One choice is no choice at all, and it only makes people feel frustrated and powerless. People have a fundamental need to choose for themselves-give your customers the power of choice.”

-Roger Dow and Susan Cook, 1996 

Examples of patients disconnected form the domestic US healthcare system abound. Here are just three for consideration from the past decade: 

The Disconnected and Disenfranchised 

  1. An HMO cost cutting measure, known as the Drop in Group Medical Appointment (DRGMA) is particularly onerous to some patients. In this largely still voluntary model, group visits of 10-15 patients take place simultaneously. During each visit, patients are examined in the group or privately, charts are reviewed, vital signs are taken, medications adjusted, tests are ordered and results discussed.
  2. Virtual e-health visits took a step forward recently as the First Health Group became the first managed care organization to establish another voluntary cost cutting program that eventually will pay doctors about $25 for online consultations with disembodied patients conducted via their web site.
  3. In a most unusual court case, a physician and six patients covered by Kaiser Permanente file suit accusing it of endangering patients’ lives by forcing them to accept double size pills. The plaintiffs alleged that the HMO forced them to buy medication at a higher dose and then split the pills in half. Some pharmaceutical and medical experts opine that the practice is harmful to patients; others support it.

More Patient Concerns 

And, according to Charles S. Lauer, publisher of the Modern Physician, through a study conducted by ARA Marketing and HBOC McKesson which appeared in the Harris Interactive Healthcare News a few years back, other pressing patient concerns include:

· 60 percent: “forgetting to ask all my questions when I am with my doctor, and

· 29 percent: “not having enough time with my doctor”, since the amount of face time between patient and doctors now amounts to about three-five minutes. 

In a more recent study, Harvard University reported that half of U.S. physicians believe their ability to deliver quality healthcare has deteriorated in the past five years.  

In yet another example, according to a survey of the Employee Benefits Research Institute (EBRI):

· Only 23 percent of employees considered themselves familiar with managed care.

· Fewer than 27 percent said that healthcare has gotten better in the last five years.

· Only 43 percent of those who received care expressed high satisfaction with its quality.

·  Almost 40 percent said they were not pleased with healthcare costs, despite HMOs.  

Conclusion 

Is it no wonder that patients, along with their healthcare providers are increasingly becoming despondent over the domestic healthcare imbroglio?  

Please, send us your comments, examples and most importantly – your solutions to the disconnect?

For related info: The Business of Medical Practice [Advanced Profit Maximization Techniques for Savvy Doctors]
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Kindred Hospital Liability Policy

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The Medical Waiver Issue

[By Staff Writers] 

Recently, Kindred Hospital of Wyoming Valley, PA has come under fire from two attorneys who fear patients may be signing away their rights to seek a jury trial if they are injured through malpractice.  

Introduction 

Kindred Hospital, a long term acute care facility, is asking patients to sign a waiver that would mandate any claim for injuries go through mediation or binding arbitration. These are alternative legal processes utilized in lieu of filing a lawsuit.

According to the hospital, such voluntary waivers benefit the patient by allowing for faster resolution of malpractice claims. 

Not so Fast! 

But, lawyers who reviewed the document say they are concerned that it is being presented to patients who, because they are under duress due to their illness, might not understand its implications. 

Enter the Guidance Counselors 

Upon investigation, Kindred said that admissions counselors review documents to ensure patients understand it, and do not attempt to pressure them in any way. Patients also have the right to revoke the document within five days of signing it, according to the Times Leader; in February 2007.  

Assessment

Kindred Healthcare operates various types of health care facilities nationwide where the form is used. Is anyone familiar with these folks who can make an informed opinion on this tactic?

Hospital with paper MRs

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Insurance Agents – Raising the Bar

[Few] Insurance Agents Learn About Modern Health Economics  

Staff Writers  insurance-book

As a registered health underwriter [RHU], insurance counselor, long-term care or life insurance agent, it seems that almost everyone today is also acquiring a general securities license, or becoming a “financial advisor.”

Introduction 

Currently, about 240,000 of the nation’s life insurance agents – down from more than one million in 1965 – are being pressured to move toward financial planning as distribution of insurance products over the Internet spreads like wildfire.

Meanwhile, the same insurance and investment companies that are knocking on your door are also courting the medical professionals with their practice enhancement and risk management programs. 

The Pondering 

So, even if you were not interested in doing financial planning for doctor’s, you have seen the status of the American College erode as your own business has declined because of the World Wide Web. 

And, in the eyes of your former golden goose doctor-clients, you may have become a charlatan as everyone is clamoring for a piece of your insurance business and cloaking it off in the guise of the contemporary topic of the day; medical practice management, healthcare business consulting and personal financial planning for physicians.  

Think this is an exaggerated statement? A prior – and oft repeated – survey first conducted by Deloitte & Touche Consulting Group of New York, found insurance agents ranked last in having the trust of a wide selection of the public!  

So you ponder and consider how to regain this lost trust and try to understand contemporary managed medical care and the current healthcare industrial complex?  

But, how do you learn about it at this stage in your career? 

  • What ever happened to the traditional indemnity health insurance, with its deductibles and 80/20 patient responsibility?
  • Where did the whole-life insurance policy buyer go, with its fat-profits for me and my sponsoring company?
  • How did I become a dinosaur insurance sales-agent?  

The Realization 

It was so easy to sell insurance in the good old days – your product provided good coverage – and the agent made a nice sales profit. So what – if it was expensive for the client?  Now, you realize that making a living will be more difficult in the future.  Like all the struggling collateral advisors in healthcare, you find yourself asking; how do I talk the talk and walk the walk – in this new era of insurance change and health reform turmoil?  

The Epiphany 

Slowly, as you study and re-engineer, you become empowered with knowledge for new risk management derivatives that provide added-value to physician clients.

And, you learn to integrate physician-focused financial planning concepts with medical practice management principles.  You learn something about health-economics and you seek to become a “fiduciary” and actually work for the client; not the insurance company. 

You are no longer just an insurance salesman, but are becoming a trusted advisor for the medical community.  You are slowly recreating your career and may successfully avoid the managed care “ripple effect”, after all. 

Educational information: www.CertifiedMedicalPlanner.com

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Professional Relations 101

Establishing Rapport within Your Medical Community

Staff Writers 

The following are useful “tips and pearls” to enhance your awareness among known and unknown physician colleagues in your area: 

  • Send office announcements to all health professionals in the community. Include pharmacies, pediatricians, family practitioners, nursing and convalescent facilities. All are potential sources of patient referrals.
  • Meet other health professionals personally and establish a one-to-one relationship with them. This will serve to educate them to your abilities and practice.
  • Send written reports to all practitioners who refer patients.
  • Do not hesitate to refer patients for consultations, as indicated. This is not only good business sense but good medicine.
  • Use novel business cards, such as the new CD-ROMs cut into the size of a standard business card, by One Voice Technologies, of San Diego. For about a dollar, depending upon quantity, you can order a labeled disc with all the business information of a standard card, which also functions as a CD-ROM containing up to 100 megabytes of multi-media data about your practice.

So, how did you establish yourself and practice brand, in your local area? 

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Medical Practice Business Insurance

More Needed than Just Medical Malpractice Insurance

 By Staff Writers

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There are several insurance, risk management and related liability mattes that physicians face today. These include, but are not limited to the following issues:  

1. New Thoughts on Malpractice Liability Insurance: 

The Capitation Liability Theory of malpractice views liability management and premium costs in light of the managed care revolution.  For example, although the indemnity reimbursement model was the bedrock of healthcare financing, the incidence of litigation is believed to be the most frequent in this system.

Similarly, errors of commission, which may be more likely in a fee-based system, are easier to prove than errors of omission in a fixed system.  

Conversely, a capitated reimbursement system suggests the level of malpractice risk, and associated litigation, decreases as the volume of capitated care increases.  

 Therefore, since the future is unknown, choose a malpractice insurance company rated “A” or better by AM Best (http://www.ambest.com). True indications of a strong company are often reflected in the firm’s net premium to surplus ratio, where a lower ratio is better and the industry average is about .81; net liability to surplus ratio, which the industry average is 4.1; net average ratio, where the industry average is 4.9; and reserve-to-surplus ratio, in which the industry average is about 3.6-4.1. (Physicians Insurers Association of America) 

2. Fire, Theft and Liability Insurance: 

Fire and theft insurance is used to cover office equipment and contents, while leasehold insurance protects against loss due to the termination of a favorable lease caused by the insured perils. 

3. Worker’s Compensation Insurance:  

Worker’s compensation is mandatory to cover a loss of income, medical expenses, and rehabilitation. Most states also have established second-injury funds which are designed to compensate employee’s who suffer a second disability injury and thus shield the employer physician from the increased costs associated with a second injury.

4. Business Interruption / Loss of Income Protection Insurance: 

This covers the ongoing medical offices expenses and income loss, because of office damage, and continues during the Period of Restoration.  Most business interruption is written on an indemnity basis, and consists of two broad types: Business Income Coverage Form (Add Extra Expense) and Business Income Coverage Form (Without Extra Expense).  

Either type requires co-insurance and both require a choice of three income coverage forms: (1) business income including rental value, (2) business income excluding rental value, and (3) rental value only. Consideration should also be made for man / woman insurance and account’s receivable insurance.  

5. Dishonesty Insurance: 

A Fidelity Insurance Bond protects the doctor employer against employee dishonesty and covers the loss of money, securities or other property resulting from acts by the bonded person.

In a Surety bond, one party (surety) agrees to be responsible to a second party (obligee) for the obligations of a third party (the principal).

In medicine, surety bonds are used in situations in which one of the parties insists on a guarantee of indemnity if the second party fails to perform a specific act. Such a requirement may arise in connection with professional medical employment contracts or other situations in which there may be doubt concerning the ability to perform medical or office related business tasks.

6. Billing Errors & Omissions Insurance

This coverage protects you against liability for unintentional billing errors when you bill a third party, including Medicare/Medicaid, or managed care organizations. This is usually a separate policy that provides limits of liability from $100,000/$100,000, up to $1 million/$1 million to cover both defense and indemnity costs. 

Other endorsements may also be obtained to pay civil fines, penalties, judgments and settlements, or increased limits of liability, up to $1 million/$1 million. All terms, conditions and limitations are outlined in the actual policy form

Conclusion

What other types of medical practice risks are out there, and how do you mitigate them; if at all?

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The Health Insurance Paradigm Shift

Medical Industry Changes to Wholesale Mentality

Staff Writers  

Until a decade ago, most doctors were probably more concerned with acquiring, maintaining or improving their medical acumen than worrying about practice management or personal financial planning.

And this was a good strategy, until recently. 

Introduction 

Variably, since 1990-2000 or so, medical professionals have not only worked harder to earn a living, but that living has not been as lucrative as it once was. Doctors today are working longer hours, diagnosing and treating patients faster; and augmenting their fear of malpractice with the fear of compliance audits like HIPAA, and literally risk their lives as they treat an increasing number of patients infected with HIV, herpes and hepatitis C; etc.  

What do they get for all their trouble? Slowly, a lifestyle that is sinking lower than many of the middle class patients they treat.

The Dramatic Shift

This is a dramatic change from the way things used to be in medicine. Some pundits even use the expression “health insurance payment paradigm shift” because the way doctors practice medicine – and the manner in which they get paid – has drastically changed.

This change has been from an individual retail mentality – to a wholesale and collective one. 

Other experts argue that this is a better deal for patients, while others document that there are more uninsured or underinsured patients than ever before.  

Nevertheless, a study done a few years ago revealed that almost 45 percent of all physicians are now corporate employees, and that private doctors do 40 percent less pro bono charity work than they did in the fee-for-service reimbursement system.  

Why; because they can no longer afford to work for free. 

Medicine’s Lost Professional Status 

Regardless of philosophy, one thing is certain: medical professionals have lost their financial clout, professional status and social standing; as some hospitals are even paid by the U.S. government not to train certain specialist physicians.  

And, twenty percent of medical schools are affiliated with business schools and practitioners are experiencing profound depression because of the managed care insurance crisis. 

Assessment 

The medical profession and healthcare industry is experiencing a professional crisis of conscience; a personal crisis of economics, and a very real problem that hurts everyone, doctor, payer and patient alike.   

Conclusion 

How and why this shift happened is very complex, but there are three main factors involved: (1) demand and supply side inequalities, (2) healthcare technology cost escalation, and (3) socio-political timing and demographics.  

What are your own causative thoughts, and/or local and national ideas on the shifting debacle?

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Medical Accounts Receivable and Collections

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Working Hard for the A.R. Money

[By Staff Writers]  

Just as location is a critical element in locating a medical practice, collecting your ARs is an important critical element in maintaining the financial health of your medical practice. Your practice is not a bank and an effective billing system should be complemented by an efficient collection system.  

Policy Setting 

A policy that is too conservative may results in poor collection rates while an aggressive policy may be counterproductive and increase liability.  Have collectors call early and often. Waiting only encourages patients to pay late.

Use the 80/20 rule and concentrate on your biggest accounts first.  Get non-performing receivables off the books. Accounts over about 120 day should be turned over to third party agents. Out-sourcing to collection agencies vary significantly in terms of quality and results.  Most charge from 30 to 50% of what they collect.

Collection Agency Selection Criteria 

According to John Broderick, an executive staffing consultant from New York, the following should be considered when selecting a collection agency or using in-house personnel: 

  • Assertiveness and Analytical Skills: Collectors should be able to break a billing problem into component parts and aggressively pursue each part without being unduly tactless.
  • Creativeness and Curiosity: Collectors should keep abreast of new computer and software technology and pursue innovative philosophies related to the billing process.
  • Empathy and Communicativeness: Collectors should be able to communicate with both patients and doctors, yet still be able to put themselves in others’ shoes to view problems from each perspective.
  • Perspective and Stability:  Collectors should be able to see the patients entire economic picture and maintain an emotionally objective and neutral attitude toward the collection process.
  • Integrity and Tenacity: Collectors should have steadfast attitude and still earn the trust of clients, relative and the doctor employer. Collections should be in immediately since waiting 
  • Salary: An entry level full time office billing collector should be familiar with all States laws regarding the collection process and be paid in the mid 20-Ks per annum.  If not, after some time he or she may take their experience and training to another office for considerably more compensation.

Claims Court 

Remember, small claims court is the last avenue for payment. Often a decision has to be made whether to forgive or “write off” a patient’s balance if indemnity insurance coverage is maintained and this decision is best made on an individual basis.  

Unfortunately, malpractice claims have resulted by pursing past due accounts too aggressively.  This is especially true with surgical patients and it is best to pursue payment diplomatically, gently and often forgivingly.

Assessment

You could be losing money if your practice is still using a traditional checking account for its daily cash activities.

One way to make your cash work more effectively is to open a cash management account with a brokerage firm. This will ensure that your practice’s money is earning a much higher rate of interest. 

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Cultivating Complimentary Medical Practitioners

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Increasing Referrals from the Alternative Medical Community

[By Staff Writers]

Introduction 

Recent medical marketing surveys indicate that almost one-third of most managed care plan patients already use some form of complementary medicine and one-third more are considering exploring these new, and often ancient, techniques. Nationally, it is estimated that American are spending over $ 20 billion per year, including 600 million visits annually on complementary and alternative medicine; and these figures will  increase in the future. 

What is Alternative Medicine? 

Complementary medicine covers a broad range of topics, philosophies and approaches, such as: herbal formulas, acupuncture, chiropractors, massage therapy, mind-body techniques, neurofeedback, nutritional therapy and traditional Chinese medicine. 

What Common Conditions are Treated? 

The following symptoms have shown treatment success when conventional medicine has not produced the results that both patients and physicians desire:

· allergies

· anxiety

· back pain

· cluster headaches

· depression

· digestive problems

· headaches

· sprains and strains 

How Legitimate is Complementary Medicine? 

In a word; increasingly. For example, more than 50 US medical schools now teach some sort of alternative medicine as part of their standard medical curriculum. Managed Care Organizations such as Oxford Health Plans, in Norwalk, Conn., HealthCare Plan, in Buffalo, NY, HealthEast, in St. Paul, MN, and Pre-paid Health Plan of Syracuse, NY, all have panels of non-traditional healthcare providers. Now, there are far too many-to count; today. 

Should Traditionalists learn about these concepts?

Yes, but only if you want your practice to flourish. Cultivating these referral sources is also an excellent marketing idea.

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[Bang the Complimentary Drum]

**

Visionary Thoughts 

According to Dr. Rob Gleser, an internist in Denver, some medical doctors dismiss alternative care out of fear:

“What it comes down to is fear of change. But integrating our practice with alternative medicine, allows us to practice as more effective physicians And, I believe we make a better income than if we were concentrating only on traditional care”. 

What are your thoughts on the matter? Do you refer, and receive referrals, from the alternative medical community?

Assessment

Please comment on your experiences; positive or negative?

Conclusion

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The Medical Practice Advertising Plan

New Advertising Methodologies Needed Today

chicago

By Dr. David Marcinko MBA and Staff Writers 

A well-defined advertising plan – not needed only a decade ago – is an essential part of medical practice business success today. Your medical practice advertising should be visually stimulating and include several more rational considerations, as listed below. 

Plan Components 

  • Goals:  The objectives of any advertising plan should be reasonable and quantifiable.  For example, a new advertising scheme will not likely generate 300 new patients a month, but it may provide marginal additions of 5-10.
  • Communication Channels:  Typical channels of advertising include: print: (coupons, office brochures, newsletter, bill stuffers, billboards, signs), audio (radio) and telecommunications (message “hold” buttons, beepers and pagers). Sometimes, even the media becomes the message, as is the case of the world-wide-web.  Certainly, the use of telemedicine in the next decade will increase as the promise and security of quality healthcare, at any time and in any place, becomes a reality.
  • Message Credibility:  The advertising message must be delivered in such a way as to build, change or reinforce patient and payer attitudes.  Advertising has shown that the more honest, fair and unbiased the audience perceives the source to be, the more credible the message; and the more likely the attitudes will shift toward the source’s position.
  • Reinforcement:   An advertisement must be repeated for several reasons: to emphasize the message, keep the audience from forgetting the message and save the costs of producing more messages.

New Trend Assessment 

Marketing and advertising plans and tasks are increasingly being out-sourced by both new and existing medical offices. Such firms offer a wide range of state-of-the-art marketing services to help build a practice.  These activities include, but are not limited to: subscription newsletters; strategic, direct and in-house marketing workshops; brochure, print and website development; direct mail, podcasting or broadcasting announcements; and a large and established advertising agency exclusively services healthcare professionals, interactively and online; etc.  

Conclusion

Medical providers that currently are served by outsourcing advertising and marketing firms include: physicians, dentists, podiatrists, chiropractors, veterinarians, psychotherapists, and hearing care and eye care professionals. 

There is even a new educational service for accounting professionals who work with physicians; and an online educational program for financial advisors, management consultants and related economics professionals who work in the healthcare industry. www,CertifiedMedicalPlanner.org

Assessment

And so, do you have a marketing plan, and more importantly, how well do you execute it?

Conclusion

As always, your thoughts and comments are appreciated. 

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Constructing Your Personalized Portfolio

Self Portfolio Management

By Clifton McIntire; CIMA, CFP®

By Lisa McIntire; CIMA, CFP®fp-book

Most individual investment portfolios are simply a list of stocks.  Doctors with such lists usually know the cost of each position and when they acquired it. It is not unusual to find inherited low cost stocks in the account that have been held for many years. But, this list is not an investment portfolio. 

Introduction 

In order to self create and monitor an investment portfolio for personal, office, or medical foundation use, the physician investor should ask himself three questions: 

  1. How much do I have invested?
  2. How much did I make on my investments?
  3. How much risk did I take to get that rate of return?

Most doctors and health care professionals know how much money they have invested.  If they don’t, they can add a few statements together to obtain a total. Few actually know the rate of return achieved last year – or so far this year.  Everyone can get this number by simply subtracting the ending balance from the beginning balance and dividing the difference.  But few take the time to do it.  

Why? A typical response to the question is, “We’re doing fine.” But ask how much risk is in the portfolio and help is needed. Nobel laureate Harry Markowitz, Ph.D. said, “If you take more risk, you deserve more return.”  Using standard deviation, he referred to the “variability of returns;” in other words, how much the portfolio goes up and down; its volatility. How – and even whether or not – to create and manage your own portfolio is the topic of this essay. 

Creating the Portfolio 

First, you must determine what to do with your investments.  How much risk can be taken and what is the time frame?  You must understand the concept of risk vs. reward and write an investment policy statement [IPS].  Next, the assets that will be used for investment must be selected.  This involves asset allocation and mixing different styles of investment management to achieve the desired results, and is the point where you go it alone, or professional investment managers are selected.  Be sure to review expenses, like account and service fees, commissions and compares mutual funds with private money management. 

Once the initial portfolio is in place, the performance must be monitored to assure compliance with the investment policy.  Here’s where you consider 401k and 403b plans, pension plans, retirement accounts, as well as how to change doctor trustees or managers when necessary. 

Finally, consider the role of professional consultants. Now after all of this, if you still want to do it yourself rather than be a doctor, the entire process will be professionally outlined along with the steps taken to improve returns and reduce risk. 

The Investment Policy Statement

You would not think of starting to build a house without a set of construction drawings and detailed written specifications. An Investment Policy Statement (IPS) sets forth plans and specifications for the portfolio just like construction drawings and detailed written specifications tell the contractor how to build a house. The physician who writes the IPS is like the architect who draws up plans for a building.  Both must ask many questions to determine the wishes of the owner.  The same is true with a portfolio.   

Fred Rice, a Senior Vice President of Carolinas Physicians Network in Charlotte, North Carolina who writes medical institutional and foundation IPS documents explains,  “To me, the Investment Policy Statement is the most important investment document.  It must be a clear statement of precisely what you want your money to do for you.  Everyone involved; physicians, board members, money managers, administrators, investment consultants and beneficiaries of the trust must have a single clear statement of investment parameters.  There should be no misunderstanding of who is to do what and how they are supposed to do it with a properly written Investment Policy Statement.” 

Investment Policy Statements written for institutions or individuals has several component parts:                                               

  • Statement of Purpose
  • Statement of Responsibilities
  • Objectives and Goals
  • Guidelines
  • Performance Review
  • Communication

IPS Components 

First, discuss why you are writing the document and what you are trying to accomplish.  This is the Statement of Purpose. The Statement of Responsibilities identifies the parties associated with the portfolio and the functions, responsibilities and activities of each with respect to management of the assets. Then, establish some Objectives and Goals for risk tolerance and expected returns. Which assets (stocks, bonds, cash, international, emerging markets, etc) will you use?  What return do you desire net after inflation? Net after taxes?  Net after fees and commissions? Now, what direction can you give to the selection of securities? In the Guidelines section, you need to identify specific securities or types of securities that you want to use in the portfolio and which are to be excluded. Discuss benchmarks, the use of margin, foreign stocks, short selling, futures trading, etc. The Performance Review section involves how to measure performance, what benchmark we will use and how we will critique management performance. 

Finally, you want to deal with procedures for Reporting and Communications. Quarterly reports are usually required. You will need to make a complete performance measurement and analysis. In reality, the solo dentist’s written IPS can be as simple as a single page. For a hospital, it can be an elaborate, detailed and multi-paged tome. 

Stock Purchases and Inheritance 

Purchased stocks have a definite cost basis; it is what it is. But, when you inherit securities, a new cost basis is established (the price of the stock on the date of death or six months later—the executor of the estate makes this determination). Even though there would be no capital gain liability if the stock were sold immediately after date of death, most people simply don’t do anything, just hold the stock.  

Taxes

Of course taxes should be considered when selling securities but the investment merit should be the overriding factor. 

Mr. L. Eddie Dutton, CPA says, “First make an investment decision and if it fits into the tax plan, so much the better.  Doctors often wonder where they will get the money to pay the taxes.  We say to get it from the sale of the appreciated stock.  Cry all the way to the bank with your profit.” 

Dr. Ernest Duty, a very successful private investor advises “Ask yourself this question: If you had the money instead of the stock, would you buy the stock?  If your answer is ‘Yes’ then, hold on to the stock but if you say ‘No, I wouldn’t buy that stock today, then sell it.” 

Arranging by Industry Sector

Take the list of your of stocks, and arrange them according to sector to see which sectors are overweighed or under weighted. Using the S&P 500 as our benchmark, you see that there are 500 stocks in the average, sorted into 89 industries and 11 economic sectors. Let’s just settle for 10 of the 11 economic sectors since the “transportation” sector is very small and we do not have enough money to buy into all 89 industries, let alone each of the 500 companies. This is not a handicap since you would not want to own all the stocks or industries, even if you could. 

Now, let’s make some decisions on how to weight our portfolio among the sectors. Do not forget cash (money market fund) so that if it there is a market correction we can be proactive buyers. This is known as “target” weighting.

Portfolio Diversification 

It has been determined that somewhere between 22 and 30 positions are necessary to achieve proper diversification.  After you pass 30, you are just adding names. There is little benefit to diversification beyond 30 positions. We want to reduce risk. There are two types of risk related to investing in stocks: systematic and unsystematic.

Systematic risk is inherent in the market itself.  Market risk describes the phenomena that all securities tend to move up when the market moves up and down when the market goes down.  As an example, assume Ben Bernanke, the Chairman of the Federal Reserve, unexpectedly announces an increase in interest rates of .25 percent, the market would fall and that includes most stocks. There is very little that we can do about systematic risk. Diversification does not help. The Fidelity Magellan Mutual Fund, with 890 different issues, certainly one of the most diversified portfolios, fell 31 percent in the 60 days following the correction of October 1987. 

Unsystematic risk however, is more company specific and can be reduced.  This is risk associated exclusively with a particular company.  GM autoworkers go out on strike – again. Phillip Morris loses a big lawsuit unexpectedly.  Cisco’s routers are oversold. Intel expects PC sales to drop.  A promising new Google technology bombs, etc. Any event that is only to affect a single company presents unsystematic risk. We can diversify away unsystematic risk to the point where it will not have a major impact on our portfolio.  A good rule of thumb is “No more than 10 percent in any one industry (note that we said industry, there are 89 industries versus 11 sectors) and no more than 5 percent in anyone stock initially.  Theoretically you would have 20 stocks with 5 percent in each but when a single position appreciated to the point where it was 10 percent of your holdings, you would begin to sell off portions to reduce your exposure in that single issue.   

Portfolio Time Frame 

Successful physician investors have, without exception, a long-range philosophy. We asked one such physician “old-timer” to name the best investment he ever made. He replied, “Jefferson Pilot. It just kept going up, increasing the dividend and splitting the stock over and over again. During the forty years that I owned Jefferson Pilot, it was a real good performer. There was one ten-year period when it did absolutely nothing, flatter than a pancake, but other than that it did beautifully.”  Very few doctors are willing to hold on for ten years; very few of have done as well. They were also never “married” to the stock. To them it was an investment not a person, a belief, a creed, or anything of more value than the latest stock quotation. But they did their homework. They bought the stock as if they were buying the whole company. They liked the management, industry, products, and potential; never just because someone else thought it was a good idea. 

Selecting the Assets

Asset allocation is the most important decision you will make in effecting your total return in keeping with your risk tolerance.  It has been said that over 90 percent of the variability of returns come from asset allocation. This is a hard concept to grasp.  Most doctors believe that picking the right stocks (those that go up fast) is all that is necessary to be successful.  That certainly would make you successful but it just isn’t that simple. Over an extended period of time, if stocks go up and you own a diversified portfolio of stocks, your portfolio will most likely be worth more. If on the other hand, bonds go up (and stocks go down) your portfolio will most likely be worth less. A combination of asset classes is the better way to go.  That is why professional money managers spend so much time and money on the subject of asset allocation. 

Periodically, the “C” section in the Wall Street Journal illustrates various asset allocation models proposed by major brokerage firms. These firms are attempting to forecast the best asset mix going forward. The same information is easily found on the Internet. Most asset allocation models and studies illustrate historical data giving various combinations of asset classes that can best satisfy your investment risk and return objectives. Basic asset allocation assigns a percentage weighting to stocks, bonds, cash, and international stocks.  A more elaborate proposal would include various classes of these four main categories. 

Types of Stocks 

Stocks can be broken down into small, mid and large capitalization. Value and growth styles are also used to diversify the mix.  Bonds can be of varying quality and maturity as well as corporate, government, and municipal. The first thing to realize about asset allocation is that it can reduce risk. Most healthcare professionals would initially assume that a portfolio made up of 100 percent U.S. Government bonds would be as stable as it gets. Yet, the lowest standard deviation (risk) is actually 80 percent bonds and 20 percent stocks.

Adding “international” stocks to a portfolio made up of exclusively U.S. investments also reduces our standard deviation over a long period of time. There is a feeling among doctors that international stocks are risky. By themselves they are a more volatile asset class but they have historically had a very low correlation to domestic stocks and therefore, over time will reduce overall volatility. 

Correlation Co-Efficients

Correlation is used in reference to assets selected for use in the portfolio; and can be statistically represented in co-efficient statistics.  Low “correlation” means that when one asset class goes up 50 percent, the other asset class goes up by a lesser amount, let us say 10 percent.  Inverse “correlation” means two asset classes go in different directions (when one goes up, the other goes down).  You want to have a group of assets that have low, or in some cases, even inverse “correlation” to reduce the volatility of the account. Note that historically, the “most favored asset class” often changes from year to year.  Therefore, asset allocation is the most important investment decision you will make. 

Whither Self-Management? 

If you elect to mange your own portfolio, you are going to be competing with the best investment talent in the world.  Like physicians, many investment professionals have studied and practiced for years to attain the level of competence they enjoy. They have been educated in some of the finest schools in the world and initially practiced under the tutelage of the most successful in the profession. And, they are making the decision to buy only after listening to extensive presentations from analysts who not only read most of what is published on the company, but personally visited the management as well as the companies’ banker, insurance people, union, and competitors. 

Assessment 

Investing and managing your own portfolio, the pension plan of your office, or the endowment fund of your hospital is serious business. It should not be a hobby. You need the best advice you can obtain, because mistakes may not be discovered until it is too late. 

Conclusion 

Remember, when considering money management, be sure to understand the ultimate fiscal consequences and your own personal liability; and going forward – be sure to tell us how you do?

Note: For related info: http://www.jbpub.com/catalog/9780763733421

ADV: Essential Form for Physician-Investors

ADV: Parts I and II Defined

Staff Writers 

An ADV is a form that is kept on file with the Securities & Exchange Commission [SEC]. It contains critical financial information about a Registered Investment Advisor (RIA), and/or an RIA representative.  

A Two-Part Form:  

Part 1: Discloses specific information about an RIA that is important to regulators (name, number of employees, form of the organization, nature of the business, etc.). 

Part 2:  This part acts as a disclosure document for clients of the business entity and includes information such as services provided and fees levied, whether the investment advisor acts as a broker-dealer and transacts securities, and so on. It is also known as the Uniform Application for Investment Advisor Registration.

To request a copy of Form ADV you can usually contact the SEC branch closest to you. Even better yet; be sure to request it before you invest with any “advisor” or firm.

And so, have you ever invested without reviewing this form; and how did it work out for you? Were you even familiar with this important form before reading this post?

 

 

The Medical Office Appraisal Process

Understanding Different Methodologies

 By Dr. David Edward Marcinko; MBA, CMP™

By Hope Rachel Hetico; RN, MHA, CMP™

Much needs to be done before a medical practice can be sold for a premium. In fact, the following should be done before the actual practice appraisal process even begins:

· Choose an appraiser who understands the managed health care industry.

· Acquire historic financial information and consolidated financial statements, operating statistics, tax returns, CPT®, utilization and acuity rates.

·Eliminate one-time, non-recurring expenses, adjusted or normalized for excessive or below normal expenses.

·Understand key assumptions used in financial projections. 

Know USPAP Rules

According to Bridget Bourgeois CPA – a former medical practice valuation specialist from the American Appraisers Association – the IRS first issued guidelines in 1995, suggesting that appraisers use the general methods of the Uniform Standards of Professional Appraisal Practices.  USPAP recognizes three approaches to medical practice valuation: the income method, market method and cost method. Very few physicians are aware of them. 

[1] Capitalization Method 

The excess earnings or capitalization method estimates value by dividing normalized historical or current income by an appropriate rate of return for the buyer. This method does not require assumptions.

Discounted Method: 

Discounted cash flow analysis requires assumptions to estimate practice value by discounting future net cash flows to their present worth based on market rates of return required by an investor. Understanding some of the key assumptions produce a meaningful estimate of practice value:

·Projections of future practice revenues, productivity, reimbursement trends and shifts in payer mix.

·Projections of practice cost structures and projected physician compensation.

·After-tax practice cash flows.

·Reinvestments to replace equipment or other assets.

·Residual practice value at the end of the forecast period.

·Discount rate based on the practice specific weighted average cost of capital.

·  Practice efficiencies, operations and competitive market conditions 

The DCF analysis consistently produces higher values than other methods of estimating practice value because there may be supportable reasons to forecast improvements in future practice performance. 

[2] Marketplace Multiples 

Market transaction multiples are ratios developed by correlating actual practice sale prices to key practice performance measurements. Common multiples include comparisons of sale price to revenues, sale price to earnings before interest and taxes (EBIT), sale price to earnings before interest, taxes, and depreciation allowance (EBITDA), gross revenue, net revenue, and the sale price to number of physicians.  Market transaction multiples are typically limited to serving as a benchmark for testing the reasonableness of the other approached. They are not practice specific and are probably best relegated to history. 

[3] Cost Approach 

The cost approach calls for the identification and separate valuation of all the practice assets, including goodwill, depreciated over 15 years. Moreover, the cost approach is more labor intensive than using the business enterprise analysis to estimate practice value; especially for a new practice which typically include the expenses involved in the acquisition of space, office furnishings, equipment, marketing, advertising, staff development; and losses incurred during the start-up period. This estimate of “replacement cost or cost avoidance” value represents an upper limit (or ceiling) of value, and is generally not considered useful in estimating the value of a going concern medical practice. 

Conclusion: 

If not currently contemplating the sale or merger of your clinic or medial practice; periodic valuation is still a valuable organic growth ingredient in these changing times of healthcare reform. 

Has your practice been appraised within the last three years?
For related info: The Business of Medical Practice [Advanced Profit Maximization Techniques for Savvy Doctors]
http://www.springerpub.com/prod.aspx?prod_id=23759 
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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The Equity Advantaged Medical Practice

Building Medical Practice Value

By Dr. David Edward Marciniko MBA

In the competitive environment an equity-advantaged medical practice is not likely going to come from adding more HMO / ACO patients as a business strategy, or shifting your target market. You do it by making your practice worth buying to someone else.

In other words, a brand identity is the hallmark of increased practice value in the future. But, just what determines practice equity since there is no magic rule of thumb?  

Creating Practice Value 

The following helpful general suggestions are offered by valuation specialist Mark Tibergien CPA, formerly of the accounting firm Moss-Adams LLP, and have been modified below for medical practitioners regardless of degree or specialty designation:

· Maintain good financial records including all consolidated accounting statements for the last three years. Learn what was budgeted, what was spent, and what was at variance. 

· Monitor key specialty financial ratios, such as profitability ratios, creditor ratios and long-term debt management ratios. Continually mine the data for useful information and then implement changes on your own behalf.

· Be profitable and think long term by retaining capital and generating a business return. 

· Eliminate unnecessary practice expenses or non-recurring costs and eliminate any special perks of business ownership.

· Have a buy-sell agreement since it spells out the manner in which a physician can buy into the practice and how the practice will buy out an owner. Typically, buy-sell agreements also cover such topics as appraisal and valuation methods, accounts receivable equalization, excess earnings (profits) distribution, buy in/out time span, interest rate ranges, goodwill rates, tax deductibility of buyout payments and a host of other issues import to the involved principals. Have it reviewed once every one to two years.

· Pay yourself a usual, customary and reasonable salary for your specialty. Otherwise practice [business] goodwill value may be built-up, or depleted. 

· Practice using the correct business form for you. This may be as either as a sole proprietor, general partnership, S corporation, professional corporation, C corporation or limited liability corporation/partnership.

· Build a transferable patient base because if you create systems that revolve around either a few managed care contracts, or even yourself, it is difficult to transfer the business to someone else. Also, if you project yourself as the medical guru for your area, patients will have a hard time accepting a new doctor or organization. By focusing on something larger than yourself, such as group practice, you will begin to develop a business that others can operate easily.

· Use proper management information systems like EMRs without spending too much on your information technology gadgetry. You do not necessarily need to become an early adopter of the newest or untested information technology systems, but do become an adopter of mature products. 

· Have a covenant not to compete, which is an agreement whereby one party commits himself to not practicing for a period of time, within a geographical area, or with members of a defined population. According to healthcare law expert Frederick Wm. LaCava; Ph.D, JD, arguments can arise because of two sets of circumstances: [1] sale of a practice, or [2] as a term of an employment agreement. The law treats the two types quite differently, favoring agreements as part of the sale of a practice, and entertaining challenges to covenants in employment contracts. 

· Understand that practice [business] goodwill is the value attributed to ongoing business name recognition, location, telephone numbers, logos and all those things which would make a potential patient come to one doctor’s office rather than another’s. The IRS recognizes it as an economic as well as a value-added benefit. 

· Unlike practice [business] goodwill, personal goodwill is attributed to a specific doctor; it has little to no value since it “goes to the grave” with its attributor.

· Maintain services, responsiveness and consistency with your patients and referring doctors. This is critical because if you do not build strong relationships with these local players, premium value just isn’t there. A new doctor will not be able to rely on those established relationships going forward.

· Maintain compliance with all appropriate agencies [HIPAA, OSHA, EMTALA, EEOC, etc].

· Identify the right buyer and make sure the buyer has the necessary capital and you are not taking all of the risks in the transaction. You may or may not want to share financial risk with the buyer and you also may want a good personality match, since your life blood probably went into building the practice and you should want it to flourish going forward. 

Assessment 

Develop a forward thinking business and appraisal plan, since all doctors should plan to sell their practices at some point in the future. By understanding how practices are valued, you can create tremendous value for yourself.

Conclusion 

Contemporary physicians have a huge opportunity to build equity value into their medical practice. Whether or not this is becomes a reality – by focusing on creating maximum value – you can still design and modify your practice to enhance its value and achieve everything dreamed about when it was first begun, many years ago.

***

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Managed Care Cost Reduction Strategies

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A Methodology Review

By Staff Writers

There are many methods that payers use to control healthcare costs – from the perspective of the practicing physician – as some are reviewed below:

Cost Control Types:

Utilization Review [UR] refers to all the ways a managed care organization or HMO attempts to assure contracted physicians use available resources in the most cost-effective ways, either through prospective, concurrent or retrospective means.

Pre-Certification [PC] is a form of prospective review, while discharge planning and case management are a form of on-site and remote case management, respectively.

All are examined in light of medical guidelines and medical standards.  

Guidelines are interventions or treatments where the outcome of therapy is considered certain, or occurs more than 80 percent of the time. Guidelines are used for the more mundane, ordinary or usual medical problems.  

Standards are interventions or treatments where the outcome of care is considered uncertain, and a favorable outcome occurs less than 20 percent of the time.

Concurrent Case Management [CCM] was specifically developed as a response to soaring medical costs since it is been estimated that one percent of the American population is responsible for 30 percent of all medical costs, and five percent is responsible for half of all costs. Some claim that case managers save between $3-7 for every dollar spent and can reduce an HMO plan’s overall costs, by one to four percent.  

Retrospective Utilization Review [RUR] consists of peer and patterns review to purge physician outliers from the system through a form of economic credentialing.

Claims Review [CR] scrutinizes medical claims for improprieties, overcharges, surcharges or mistakes. For example, individual instances of the following medical services and billing practices are not “prima facie” evidence of over utilization. Reviewed in a larger context however, they may be indicative of an abusive pattern or trend that has developed or may be evolving, like these: 

  • Bill Fragmentation: Concurrent billing for services on separate forms, or at different times, or for services considered an integral portion of the primary service or procedure (“split fee billing”).
  • Claimant Billing: Claimant payment for services normally disallowed, reduced or denied.
  • Common Referral: Excessive patient referral among similar providers, for unnecessary diagnostic tests.
  • Cross Billing: Bill submissions to different payers which would normally be reduced.
  • Double Billing: Duplicate bill submission to enhance payment.
  • Missed Modifiers: Excluding code modifiers to upgrade payment.
  • Non-Disclosure: Referral in the face of financial interest.
  • Non-Rendered Services: Billing for services not rendered or required at the level required.
  • Over-Billing: Exorbitant billing beyond UCR to third party payers.
  • Over-Itemization: Claims submission for services normally considered an integral part of the primary service (“fragmentation” or “unbundling”).
  • Over-Prescribing: Prescription of services in excess of those not considered medically necessary.
  • Over-Utilization: Performance of medically unnecessary services.
  • Substandard Care: Care or services not meeting acceptable or professional national standards.
  • Unnecessary Follow-up: Prolonged care without medical need.
  • Upcoding: Billing for services at a level greater than provided.

When faced with the above, further physician review and/or discussion with the provider/plan may be required for the amelioration of any disputes.  

What has been your experience with the dispute resolution process – friend or foe?

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Enticing HMOs for Practice Acceptance

Take Care … Your Wishes

Staff Writers   

 

When, and if, you decide to be included in an HMO network, keep in mind the following considerations just as the HMO itself considers whether or not to include your practice in their network: 

 

· Is there a local need for your practice?

· Is your practice respected in the medical community?

· Is it profitable enough so that HMOs feel sure in your future survival?

· Do you pursue a strategic plan that affords a seamless union should you decide to sell or merge at a later date.

· Do you have the HR, capital and IT service to synergize with the plan?

· Are you familiar with basic business, managerial and financial principals; including an understanding of horizontal and vertical integration, cost principals and cost-volume-profit analysis?

· Are you willing to treat all conditions and patient types in your specialty?

· Is your office readily accessible with barrier free design (OSHA)?

· Is your office HIPAA, EMTALA, EMR, etc compliant?

· Do you have the appropriate emergency resuscitation equipment?

· If a part time office, is it open at least 20 hours / week?

· Do you offer 24/7 on-call coverage?

 

Remember, you can always appeal a declination, or renegotiate a contract after expiration.

So, what is you experience in the matter?

For related info: The Business of Medical Practice [Advanced Profit Maximization Techniques for Savvy Doctors]
http://www.springerpub.com/prod.aspx?prod_id=23759 

Children with Special Needs

Types of Related Trusts

Staff Writers 

A trust can be established to insure that funds are available for a disabled child’s lifestyle. If funds are left directly to a physician’s child at the age of majority, Medicaid is lost until their funds are spent down. The type of trust chosen is therefore critical.

Medicaid, Payback or OBRA 93 Trust:  

First authorized by the Omnibus Budget Resolution Act of 1993, allows the trust for pay for non-essentials.  The specific language must be written in to the exact letter. Upon the death of the child the Medicaid bill is repaid from the funds remaining in the trust, and thus the Medicaid and SSI benefits continue to be available to the child during her lifetime.  The payback trust is more advantageous when established at an early age.  The funds in the trust can then be stretched out to last over an extended period, hopefully the child’s lifetime.  Here are two examples where such a trust is an effective vehicle.   

In the first case, a payback trust is set up for a 21-year-old with $100,000.  During his lifetime the Trust spends $92,000.  The Medicaid bill is $75,000.  Medicaid receives the remaining $8,000 and the bill is considered paid in full. 

In the second case, a payback trust of $350,000 is set up for a 35-year-old.  Upon the child’s death, the trust has assets of $225,000 and the Medicaid costs due are $75,000.  The trust then meets its Medicaid obligation and the remaining $150,000 is available for other beneficiaries.   

Other effective trust vehicles include a community trust, master trust and special needs trust, each with its own set of rules. 

Community Trust:

This trust is managed by a community foundation of volunteer trustees so the issue of dealing with trustee death is erased. This trust vehicle greatly expands the window of opportunity to those who may not have the time, expertise or funds to establish a private trust, to receive the benefits of a trust.  

Master Trust: 

May be established by a community or by an organization and is administered along the lines of a Community trust.

Special Needs Trust:  

This trust may maintain Medicaid and Social Security benefits, without having the payback clause. Unfortunately, this trust is sometimes challenged as it entails more risk than a payback trust and must be considered carefully before selection.

For example, a situation where this may be put in place is when gifting by family members is used to support the specialized schooling of a disabled child.

The Crummey Trust: 

Trust named after the D. Clifford Crummey family who first set it up to deny the annual gift tax exclusion. A Crummey Trust does not give the child any right to income but does give the right to withdraw the amount of each gift up to 30 days after it is made. Since the withdrawal right begins immediately after the gift is made, it is considered a present interest. If the child does not withdraw the gift within the 30 days, the withdrawal right lapses and the money remains in the trust until the child attains a designated distribution age. 

Of course, parents must still convince the child not to withdraw. However, if the child decides to withdraw, s/he can only access the amount of the most recent gift; not the entire trust. Thereafter, parents can eliminate all future withdrawal opportunities by not making any more gifts. The property in the trust remains intact and grows until distributed.  This private trust option and its language must be specific to avoid disqualification. 

The Charitable Remainder Trust:

 

This is an irrevocable trust with the beneficiary enjoying the trust funds and the charity receiving the remainder upon death.  The tax exempt status of a CRT may make the funds in the trust last longer.  If the charity is a nonprofit organization involved in the caring of special needs children, the physician’s family can show gratitude with a CRT.  

The Irrevocable Life Insurance Trust: 

An ILIT may be used in tandem with the various trust vehicles to assure continued funding for the child after one or both parents have died. 

Which of the above trust types have you used and what were the results?

Funeral Expenses

The Perilous Last Economic Journey

By Staff Writers

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As a physician or other medical professional, perhaps you have not considered the immediate cost of death related activities; in other words – your funeral and its follow-up last expenses. 

When one considers the cost of a funeral, with casket, embalming, burial and other itemized costs and service related expenses, the average price tag is about $8,500 and of course, purchasing the burial plot is extra. The cost of the average cremation is about $850.   

Further information relating to burial finances, can be obtained from Consumer Caskets USA at 800-611-8778, the Choice in Dying at 88-989-9455, and the Funeral and Memorial Society of America at 802-482-3437. All have internet web sites. 

Remember, life is a perilous journey.

Assessment

Have you planned for funeral follow-up and/or last living expenses?

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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.

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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401-k and 403-b Retirement Plans

The Time to Change Allocations

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By Clifton McIntire; CIMA, CFP®

By Lisa McIntire; CIMA, CFP®fp-book1 

401k and 403b plans offer great opportunity to change asset allocations.   

For example, Karen Markland, a Certified Registered Nurse Anesthetist at Carolina’s Medical Center, found it was relatively easy to shift from bonds to stocks some years ago. No taxes or commissions were involved. A simple phone call moved her allocation from 40 percent bonds, 50 percent stocks and 10 percent international to 20 percent bonds, 70 percent stocks and 10 percent international after a recent stock market decline. 

One point of caution when using 401k or 403-b plans for asset allocation is required. Quite often the trustees of 401k plans will decide on a single group of mutual funds for the participants. Not all funds in the group are worthy of your money.

Jean Surber, a Certified Registered Nurse Anesthetist at Presbyterian Hospital, did not have a good international option and so had to limit her allocation in that 401k plan to stocks, bonds and cash. She used her Individual Retirement Account (IRA) at a brokerage firm for international investing.

Employed healthcare professionals should “max out” on their 401k/403b plans. You should put all that you are allowed into your 401k/403b plan, unless the selection of managers is so bad that even with the tremendous tax break and “dollar cost averaging” of monthly contributions, the envisioned end results would be small.  

For example, the simple compounding of $10,000 at age 30 investing $416 per month and experiencing a 10 percent annual rate of return would provide $1,905,788 at age 65. 

Wake-Up Call 

The Federal Government annually mails a detailed explanation of social security benefits to its workers.  This is an attempt to remind people that social security fulfills only part of their retirement income needs. To many, this will be a wake up call. The status of 401k or 403b plans is normally sent to participants’ quarterly. This is an excellent time to do some asset allocation and review manager performance.  Since most 401ks and 403bs use mutual funds and/or ETFs, and offer daily valuations by telephone, you don’t have to wait for the quarterly report, which is often received 60 days after the end of the quarter. When changes are made in the allocation of existing positions, the percentage allocation of future contributions should be made as well. 

For example, when Karen Markland repositioned her 401k portfolio, she also changed her future contribution percentages. 

Information Sources 

Morningstar, a Chicago based company that analyzes and computes statistics on most of the mutual funds produces a monthly report that you can review at the library, or online at home.Most banks and brokerage firms subscribe to this service. They can send you an up to date single page analysis of each of your funds; or an internet syndication feed. This is good material, well researched, but it is historical data.“Past performance is no assurance of future results.” 

The Morningstar system rates funds from 1 star (worst) to 5 stars (best).  This is sometimes referred to as the Sesame Street method of selecting mutual funds.  If you can count to 5, you can pick the best fund. Using this report alone is like driving on an Interstate highway at 80 miles per hour using only the rear view mirror (that can be fatal). 

Why; it’s because fund portfolio managers’ change. Good managers are hired away by their competitors; bad managers are fired. Managers themselves are not always consistent in maintaining their style or in their performance. Morningstar and the Internet is a good place to start because you can review a lot of information at a single setting. You can see historical returns, sector weightings, manager tenure, investment style, costs (except trading commission expense) and statistics concerning risk. However, Morningstar’s independence has been questioned of late. Nevertheless, it is from these and many similar sources that you may learn of the performance you can reasonably expect. 

Few physician managers, but many financial advisors are well versed in a variety of mutual funds. Representatives of the funds call on them frequently.  Many brokerage firms perform independent due diligence research. Mutual funds are a large part of the Financial Services Industry and you can expect the availability of extensive information. 

Stay the Course 

Most 401k and 403b plans should be invested for growth of capital. You are generally talking about long-term investment objectives.You should be very reluctant to withdraw funds from this tax-sheltered environment.  Unfortunately far too often, the participant becomes discouraged, (usually in a down market cycle) and moves the money out of stocks and into a money market fund at the wrong time. 

It is not unusual to see doctor participants assume a very defensive posture a year or so before retirement. This is shortsighted. The investments are meant to provide income and growth of capital for many years, not just until retirement. Upon retirement the funds will be rolled out directly into an IRA and invested with almost the same asset allocation. 

Conclusion

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Product Details  Product Details

Terminal Illness and Anatomic Gifts

Placing your Affairs in Order

By Dr. David E. Marcinko MBA 

As a doctor, you face the realities of death on a daily basis. 

And so, if you are yourself diagnosed with a terminal illness the following may not be helpful to you, but might be of help your survivors:

· Increase liquidity to cover the costs of pre- and post- death expenses.

· Contract your local social security office to determine eligibility for  disability and death benefits.

· Determine the contents, and those you wish to have access to your safety deposit box(es).

· Since some states do not have death taxes, consider changing your domicile.

· Preserve your testimony to any outstanding claims or litigation regarding personal or professional affairs, through a formal legal deposition or other means. 

Also, as a lay or medical professional, consider organ donation since the supply of donated organs is dwarfed by the demand for them.  The Coalition on Donation is on a campaign to raise awareness of this need.  The decision to be an organ donation is personal and some healthcare professionals have philosophical or religious beliefs that prohibit this option. 

However, if you decide to be an organ donor, documentation and communication are the critical steps to insuring your wishes are carried out.

First, contact your local motor vehicle department and inform your family and loved ones. Then, inform your own personal physician in writing, and wear a donor identification bracelet – or something similar – that fits in your wallet or purse, so your wishes are known.

Assessment: Has the above information helped you turn a potential financial disaster into a manageable pitfall?

***

Risk Management, Liability Insurance, and Asset Protection Strategies for Doctors and Advisors: Best Practices from Leading Consultants and Certified Medical Planners™8Comprehensive Financial Planning Strategies for Doctors and Advisors: Best Practices from Leading Consultants and Certified Medical Planners™