Hospital Industry Summary

Statistical Results for 2007
Staff Writers

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In 2006, 52.4% of the 4,956 short-term, acute-care, nonfederal hospitals in the U.S. were affiliated with medical healthcare systems [MHSs], up from 51.8% of the 4,911 in 2005. Some other statistics are:

  • The average number of hospital days per 1,000 members of HMOs not owned by MHSs grew 6.6% in 2006, to 302.2 from 283.6 in 2005, the fifth consecutive annual increase.
  • In 2006, total hospital outpatient revenue was $103.6 million, up 9.9% from $94.3 million in 2005. As a consequence, the outpatient revenue percentage of total hospital revenue increased to 38.1% from 37.4% the prior year.
  • The average number of prescriptions dispensed to non-Medicare members of MHS-owned HMOs decreased slightly in 2006, to 8.5 from 8.7 the previous year.
  • Between 2005 (11,485.8) and 2006 (11,292.9), the average number of admissions fell at hospitals in MHSs that owned HMOs, the first such decline in this measure since 2001 (9,799.7).
  • Between 2005 and 2006, the ratio of FTE registered nurses (RNs) to occupied beds rose both at hospitals in MHSs that owned HMOs (to 2.08 from 2.05) and at hospitals in MHSs that did not own HMOs (to 2.02 from 2.00).
  • In 2006, total costs per occupied bed were just over $1.0 million at hospitals that were part of MHSs that owned HMOs, up 4.7% from $987,827 in 2005. Since 2001 ($821,194), these costs have risen by more than one-quarter (26.0%).
  • Non-MHS hospitals averaged 164.7 outpatient visits per day, up 5.2% from 156.6 in 2005, the fourth consecutive annual rise.
  • After rising notably between 2004 (60.2%) and 2005 (66.4%), the average intensive care unit (ICU) occupancy rate forMHS hospitals fell slightly in 2006, to 65.3%.
  • Pharmaceutical expenses per discharge at hospitals tied to government-run MHSs fell 27.9% in 2006, to $1,380 from $1,915 in 2005, reversing two straight years of double-digit growth.

*Acknowledgements

The editors and author acknowledges Verispan LLC, Yardley, Pa., as the research and reporting source for this data, reprinted with permission and based on information gathered by mail and telephone surveys gathered and effective as of December 31, 2008, unless otherwise noted.  It was commissioned, sponsored and underwritten in an arm’s length fashion by the Managed Care Digest Series of sanofi-aventis, Bridgewater, NJ, and developed and produced by Forte Information Resources, LLC, Denver, Colorado.

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White House Office of Health Reform

Dual Role for Health and Human Services Secretary

Staff Reporters

capital

According to the Associated Press, December 11, former Senate Majority Leader Tom Daschle will play two roles in the new Obama administration. He will serve as HHS Secretary and also oversee a new role as Director of White House Health Policy Office.

Deputy Director Well Known

Jeanne Lambrew, who helped Daschle write a book on health care reform, will serve as deputy director of the new White House health policy office. Lambrew worked on health care reform issues at the White House during the Clinton administration and currently serves as a senior fellow at the Center for American Progress, a liberal think tank.

Assessment

Leaders of health advocacy groups have described Lambrew as one of Daschle’s most trusted advisers on health issues. She will oversee planning efforts.

Conclusion

And so, your thoughts and comments on this Medical Executive-Post are appreciated. Do you think this important new role deserves a full time advocate; or not?  

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Eight Fallacies of Managed Care

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A Startling iMBA Inc., Report on Small Medical Practices

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[By Dr. David Edward Marcinko; MBA, CMP™]

[By Hope Rachel Hetico; RN, MHA, CMP™]

[By Ann Miller; RN, MHA]

Webster defines a visionary as: “one who is able to see into the future”. Unlike some pundits, prescience is not a quality we claim to possess. To the purveyors of small medical practice gloom however, the future for physicians is a bleak “fate’ accompli”. If you are of this philosophical Ilk – we politely but firmly disagree. In fact, during a recent brainstorming session at the Institute of Medical Business Advisors www.MedicalBusinessAdvisors.com we arrived at some startling conclusions that challenge contemporary information. Therefore, “ceretas paribus” – all things being equal – these findings impute conventional wisdom and are called: The Eight Myths of Managed Medical Care.

MYTH 1: “Solo and Smaller Private Practitioners Will Die”

Economies of scale and prevailing Health Information Technology (HIT) systems may indeed force some smaller allopathic, podiatric or osteopathic practices, as well as some “surgical” specialists, into group or non-equity based practices.  New “one-stop medical malls” are desirable to HMO’s because of their urgent or emergent care availability, myriad of provider types and quality assurance mechanisms. This will even happen in non-procedure based family practices, with internists and in currently spared rural areas as Integrated Systems Digital Networks (ISDN), Regional Health Information Organizations [RHIOs] and related computer transmission technology becomes more available and less expensive. But, routine medicine is ideally suited for the repetitive task orientation philosophy of many of HMO’s.

MGMT. TIP: If you want to remain a private or solo practitioner, re-engineering one’s office activities (cost drivers) to reduce steps that do not add value to your services is perhaps all that is needed to increase efficiency and net margins. Strive to reduce duplicated activities and redundant data transmissions and people tasks. Delegate responsibility and lower the decision making threshold to a need-to-know basis. Empower appropriate employees and make them accountable for their decisions, but do not give them responsibility without authority. As time progresses, steps to reduce variable and then fixed costs, can be implemented to further increase profit. Additionally, solo office practice is very amenable to out-sourcing onerous chores such as human resource management and accounting needs.

MYTH 2: “All Small Medical Practices Will be Purchased by Larger Companies”

This may be true for some aspects of comprehensive medical care. Fortunately, primary care has never totally been given its due and esteem by the medical community or AMA, and smaller practices do not appear to be corporate “takeover” targets. While this may happen in some exceptionally large practices, equity control or financial compensation should more than remunerate the owner-managers of such behemoth practices. Unfortunately, servitude to Wall Street is another matter to consider. Make no mistake however mere size does not encourage acquisition, just as solo practice does not entice appropriation by all management associations.

MGMT TIP: Use the engineering concept of Project Management (PM) and the Critical Path Method (CPM) to determine pivotal or slack steps in the flow of your office. Then modify your processes accordingly. GANNT charts, PERT graphs and Paretto diagrams are helpful visual and practical aides in this regard.

MYTH 3: “You Must Run Your Practice By the Financial Numbers”

Many so-called business experts preach the concept of financial “number -crunching”. In other words, how much revenue is derived, from how many patients per month, week and day, according to some estimated utilization rate?  With this method, physicians are reduced to hourly “employees” and patients to “encounters”. Actuarial firms may even be hired to legitimize the numbers and suggest care standards. While it is important to consider financial tangibles, we must not forget that “numbers can lie”, and that the information from a computer spreadsheet is only as good as its input (GIGO = “garbage in-garbage out”). This is especially evident when one realizes that such firms are only thinly disguised benefits consultants, with a built in bias to cost reductions and rationed care. Therefore, be aware of the potential negative intangibles of a strict business output mentality and recognize that medicine is an intensively personal experience. Lowering the economic “per unit cost” of a widget may be desirable to a manufacturer, but price is only one aspect of good medical care. Other tangible or intangible concepts are often far more important and the negotiating side that first realizes what constitutes these trigger-points, instantly occupies the stronger competitive bargaining position.

For example, doctors should know the answer to many vital questions before entering into any contract negotiations. These include, but are certainly not limited to the following:

  • Doctor control and expectations
  • Contract exclusivity and inclusively
  • Utilization review, “carve-outs”, gag orders and termination clauses
  • And our personal pet peeve; NPI numbers and organizational fiscal data sharing.

Recall the often used example of selling airplane seats is a good way to illustrate the concept of intangibles. Let’s assume a plane has a capacity of 100 seats, 90 of which are sold at the normal ticket price of one hundred dollars; for a total revenue of $9,000. If total costs represent a break-even point of eight thousand dollars, a one thousand dollar profit is realized. Therefore, if any single remaining seat can be sold at a discount; more profit is generated since the plane will fly anyway.

Now, suppose there was a chance that one of the discounted seats will be bought by a terrorist bomber; would the additional marginal profit still be worthwhile?  Of course not! Extending our analogy to the typical small medical office, some management guru’s might argue that a discounted HMO patient is better than no patient at all. But as a doctor, suppose your empty treatment room was filled by a noncompliant capitated diabetic patient with a foot infection, or a litigious prone patient? Tangible considerations aside, don’t the potential medical, legal and emotional entanglements of these situations exceed their marginal benefits? Of course they do!  Philosophically, one could argue that these possibilities still exist in a fee-for-service environment and be quite correct.

Therefore, rest assured that we are not advocating the wholesale non-treatment or abandonment of patients in need. We are simply noting the capitalistic and very demoralizing human feelings of, “why bother”. Or, shall we accept the Socialistic epistemology of laborers who “pretend to work while the government pretends to pay?” Fortunately, primary care seldom presents with many significant moral challenges. Nevertheless, this tawdry rationing type scenario can, and does happen, in the hallowed halls of medicine; daily.

Need proof?  An anonymous Medical Outcomes Study, a few years ago, from the New England Medical Center claimed that of specialists surveyed, one third believed that they provided worst care to HMO members than fee-for-service patients, not just because of any moral deficiency, but because the HMO reduced their access to medical resources. Now we ask; is anyone surprised?

MGMT. TIP: Running your practice solely by the numbers is insane and the rat race will lead you to an early grave as you try to do more, with less, and in less time. Rather, select your insurance contracts carefully and negotiate aggressively for the best deals, and limit your liability with exclusions and stop-lose parameters. Besides, there is no need to join every panel; be selective in your own favor. Recall, mutual contract concessions should benefit both parties, and a contract so negotiated should be mutually advantageous; but not equally advantageous. Aggressive business consultants do not incorporate the conventional wisdom of a “win-win” negotiated settlement. We negotiate to win for our clients and champion their success.

MYTH 4: “Capitation will Kill Fee-for Service Medicine”

All primary doctors do not have to practice deeply discounted capitated medicine. We estimate that only half of all internists will have to become low cost providers and many, either by design or happenstance already are. The remainder will successfully and profitably provide the specialty or value-added services that much of the public demands. HMO’s that do not offer these quality services will perish. The “cost shifting” to private insurance companies currently prevalent will not accelerate, because the population that chooses to retain traditional indemnity insurance will no longer allow it. Such health and quality conscious patients will revolt against high insurance premiums and refuse to be penalized for desiring comprehensive care and for pursuing a healthy life-style. Similarly, physicians who now bear “financial risk” for providing care to noncompliant patients will decide that the incentive to do so is not enough. Patients will be forced to bear their own financial risk as they become compelled to pay higher premiums, co-pays, surcharges or other penalties for unhealthy habits such as smoking, obesity or inactivity. Health care will come full circle by putting the financial burden back on patients.

A survey in Medical Interface a few years ago, revealed that overall, 21% of all capitated patients in a studied cohort rated their HMO as fair to poor, compared with 14% in traditional indemnity systems. Additionally, allow us to quote from Dr. Alain Einthoven, medical economist and author of the original Jackson Hole Managed Care Assemblage:

“Permutations of managed care will produce a dizzying array of benefit levels at varying price structures. HMO’s however will try to mislead the public, through intense advertising campaigns, into believing that all arrangements provide equal benefits at reduced costs.  Medicine’s job is to prove the contrary to the middle class, since the well educated and affluent are becoming aware of the distinction and the poor have no choice”.

Myth 5: “Managed Care Will Socialize Medicine”

The Nixon administration advocated a type of socialized medicine back in the seventies. Obviously, the concept did not take root.  In the nineties, the Clinton administration’s attempt to establish a national standard in its health reform package ended with similar disastrous results. In fact, about 80% of that reform package consisted of bureaucratic rules and regulations to force equality on a capitalistic system. Now, the Obama Administration may pursue a national healthcare agenda, although others argue that the marketplace has achieved the managed care socialism that politicians could not, thus far. As we see it however, the average American is fiercely competitive and not at all egalitarian. There will always be the “have and have not’s” in our society and strictly socialized medicine is not in our future. In fact, we believe that multilayered care will develop, which is just a little different than contemporary traditional insurance plans.

There will always be a basic level of marginal HMO care for the elderly and indigent sponsored by various local, state, national and charitable foundations. The blue collared working middle class will receive better care through PPO’s, MCO’s and PO’s physician managed plans. The bulk of activity for providers, payers and recipients will take place at this level. Note the caveat, “physician-managed”, since doctors will take back their place as maestro of the medical care symphony. The doctor-manager dichotomy will blur as physicians control their professional and economic lives and obviate the need for broker-middlemen-agents sucking huge profits out of the system at the expense of patient and provider.

MGMT. TIP: Notice how aggressively HMO’s are marketing their services to welfare recipients and aged Medicare patients. Likewise, notice how few managers, professionals, corporate executives, unions and politicians join these same HMO’s. Decide immediately your target market, and act accordingly. Remember, the affluent will always pay top dollar for truly quality care and assume independent personal financial risk for their health. The form of care rendered may be in the guise of a cafeteria benefits plan, FSA, HSA, MSA or some other similar arrangement; but it will undoubtedly occur as long as our tax structure favors the top economic tier through the business deductibility of medical fringe benefits. Therefore, medicine will not become socialized anytime soon.

MYTH 6: “Medicine is an Oversupplied Commodity”

Certain medical specialists are now in slight abundance but this situation will not last for more than the next five-ten years. Medical school admissions are currently up, but will decrease as administration information, and the socialism specter is filtered down to prospective students and the domestic economy improves. Additionally, the population will age and increase utilization rates for the remaining physicians but not reimbursement. More specifically, nurse practitioners, physical therapists and physician’ assistants will not negatively impact us in the long term. These extended care providers do not give the same level of care, nor do they provide the same knowledge and expertise that physicians provide. But, they have been used for more than two decades with positive results that will grow going forward. Moreover, do not confuse physician supply with the “commoditization of medicine”, since no product or service ever need become, or remain, a commodity.

For example, automobile tires have been branded (GoodYear), sneakers have been branded (Nike), microchips and potato chips (Intel-Lays) have all been branded. Water, a classic marketing example, as been re-branded many times in the form of Perrier, Evian, Poland Springs and Calistoga.

Thus, if the marginal benefits of junk food can be branded, the eternal human desire for health and its resulting happiness should not be a hard sell. As doctors and medical professionals, we must strive to promote health, longevity and life as a precious benefit to the public; not simply price.

MGMT. TIP: Either work hard to cultivate fewer, but more lucrative fee-for service patients with true value or service directed activities, or become a discount supplier; but do not attempt to be all things to all people. This mix has never been achieved in corporate America and you will not be the first to achieve it. Rather, chose your niche, be true to your self, and maintain your business strategy. A service mix of 2:1:1 (Discount-Value-Service) among the nation’s primary care providers will not only provide maximum profits for everyone, it will renew a lost sense of personal self-esteem.

“Doctors must create a market driven business strategy. This means to serve and assist the patient in whatever manner possible. HMO’s are absolutely wrong to think of medical care as a commodity–that a doctor is a doctor is a doctor. Patients want a successful treatment outcome, assurance and compassion–and this triad is not provided by commodity suppliers”

Myth 7: “Doctors Will No Longer Keep Patients Waiting”

This is the first true statement in our discussion. The perception that patients have about their medical care is becoming increasingly important. Patient-clients, benefits managers and payers all want prompt service for their employees. If you are not timely now, you are likely inefficient as well as rude. Therefore, scheduling promptness is an important, albeit incorrect, measure of medical quality.

On the other hand, one can hardly argue with any provider who chooses not to wait for habitually late patients who are tardy, impolite, condescending or otherwise inhospitable. A poor demeanor should just not be tolerated by any practitioner. In business verbiage, “the marginal benefit of such patients – do not justify their marginal cost”.

For example, would you rather miss your young son’s theatrical debut awaiting a new fee-for-service patient, or a capitated – or socialized – patient? Again, the prudent human being would choose the former without any real moral dilemma. Bilateral collaborative human respect will always prevail.

MGMT. TIP: Schedule like-patient activities in blocks of time to increase efficiency. Do not be too rigid, but by scheduling similar conditions/procedures together, assembly-line efficiency is achieved without assembly line mentality. Time is then emancipated for more revenue enhancing efforts; or leisure activities. Bundling ‘activity-drivers’ is one of the most efficient methods any organization can use to reduce production time.  It is a concept embraced by producer organizations and deficient in most service organizations.

MYTH 8: HMO’s are the Future of Medical Care in the US?

Highly structured, capitated or full risk HMO’s are already becoming passe’. Their demise will be further accelerated by such growing entities as: Preferred Provider Organizations (PPO’s), personal Medical or Health Savings Accounts (MSA’s and HSAs) and true Medical Provider Service Networks (MPSN’s). By a true MPSN, we mean a medical care organization, run by physician-managers who contract directly with employers, rather than through an intermediary or middleman who take a percentage of the fee for business services.

Need testimony?  In Minneapolis, a bastion of HMO care, there is an employer initiated drive to contract directly with physician groups, since HMO’s there seem no longer very interested in managing either for patient care or company welfare, but only for their own bottom line dollar.

MGMT TIP: First, get out of medical school, get through your residency and get Board certified as soon as possible. Take advantage of technology to achieve these goals. Then, enroll in law school, business school or take management and computer instruction courses to re-educate, re-engineer and retrain yourself with the needed organizational tools of the future. You will not survive without them because the bar to a new level of medical care has been raised in this decade.

“In the very near future, physicians will learn about business, accept its material risks, regain influence and take back their rightful control of the Healthcare complex.”

Although we still need actuarial and accounting data, working capital, organizational skill, marketing techniques and correct product pricing, we believe physicians, employers and patients of the future will look back on 2010 and recognize it as the turning point in the current healthcare imbroglio. Therefore, be forewarned and forearmed.

Assessment

As medical practitioners and healthcare consultants, we face the same managed are issues as you do. And, although we may have a particular economics acumen and business management expertise, we should never loose sight of the facts that, above all, medical care should be delivered in a personal and humane manner, with patient interest rather than self interest, as our guiding standard.

“Fools ignore complexity. Pragmatists suffer it. Geniuses remove it.”
-Alan Perlis
[Creator of ALGOL, an early software programming language].

Conclusion

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Practicing Medicine “Bare”

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Understanding Hold-Harmless Managed Care Contract Clauses

[By Dr. Charles F. Fenton, III; JD]

Most doctors would not think of “practicing medicine bare”; yet perhaps the definition of this term should be re-framed?

Historical Definition

In the past, the term “practicing-bare” meant that a medical provider did not have malpractice insurance.

However, some current managed care contracts require that providers not only have certain limits of malpractice insurance coverage, but also furnish the company with evidence of same. Therefore, some of these providers are under the impression that they are not “practicing-bare.”

Hold Harmless Clauses

Unfortunately, most medical providers have no protection from adverse results arising out of a “Hold-Harmless” clause in a managed care contract or provider-agreement. And, most malpractice insurance companies do not provide such coverage.

So, if your malpractice insurance company does not provide coverage for such events, it is incumbent upon you and your associations to lobby malpractice insurance carriers to provide this coverage.

An additional rider, at an additional premium for Hold-Harmless coverage, would help the doctor sleep better at night.

Contract Considerations

The first question doctors should ask is: Would I consider practicing without malpractice insurance?

If the answer to this question is “no”, then the next question that should be asked is: “Why am I assuming the risk under the Hold Harmless Clause?” 

If you cannot provide a lucent answer to this question (stating: “I have no choice,” is not a lucent answer!), then you should consider not signing the managed care contract.

Judgment Proof

Nonetheless, if a medical provider has signed a managed care contract, then they should understand that they are essentially practicing bare, and should take steps to reduce this exposure. In effect, the provider should attempt to become “judgment-proof.”

Such a step does present its own risks. Ultimately, the first step for every physician who signs a managed care contract, with hold harmless agreement, is to read the contract and then consult an attorney or other professional. Of late, plaintiff-attorneys are beginning to make inroads in suing managed care companies. The managed care attorneys foresaw such events and provided protection for the company in the contracts most providers have signed.

As your patients and other plaintiffs become successful in suing and recovering from managed care companies, those companies are going to seek indemnity from you; the provider. Unless you protect yourself, you are likely to become a collateral casualty to some degree or another.

The current practice of medicine presents may perils and risks to doctors and other providers. A doctor may not be able to insure against all these risks, and should take defensive steps to avoid future problems.

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Conclusion

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Office Appointment “Reservation Fees”

Minimizing the Patient “No-Show” Problem

Staff Writers

In what is perhaps the next evolution of office-based medical practice – at least according to American Medical News reports – some physicians are now making their patient’s reserve office appointment slots with a cash deposit in case of “no-show.”

Much like their plastic surgery, new-wave anti-aging esthetics, cash-only, cosmetic-dental or concierge practice colleagues, these doctors are serving up their healthcare offerings much like a fine restaurant serves its cuisine.

Causation

According to anecdotal research, the average no-show rate for medical practices is about 5 to 10 percent, while the rate can be higher if the office has a larger percentage of new, Medicare. Medicaid, indigent or self-pay patients

Deposits

Physicians who charge de-minimis deposits – ranging from $10 to half an office visit cost – emphasize the primary goal is to cut down missed appointments and increase office efficiency; not generate revenue.  

“This is not like a Blockbuster™ store late-fee, or about making money through cancellation-fees”, according to Executive-Post managing-editor Hope Rachel Hetico, RN, MHA, CMP™ of Atlanta

Results

Of course, cancellation-fees are not new, but are retroactive and may bespeak a “certain perception of avarice” according to Hetico; and are a “pain to collect.” 

But, “appointment reservation-fees” are pro-active, and give the perception of “gravitas and physician-patient collaboration”. 

And, the practice may yield patients who are more faithful about showing up, or at least giving notice if they can’t; while fewer empty slots mean more cash-flow and practice revenue.

Conclusion

What are your thoughts and opinions on this emerging business management practice; legitimate business strategy or bad public relations move? Please comment.

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Healthcare Organizations: www.HealthcareFinancials.com

Health Administration Terms: www.HealthDictionarySeries.com

Physician Advisors: www.CertifiedMedicalPlanner.com

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Medical Building Facility Fees

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Surcharging Startled Patients

[By Staff Writers]skyscraper 

As all print subscribers to Healthcare Organizations [Financial Management Strategies], and regular readers of the “Medical Executive-Post” are aware, medical billing is complex enough without throwing another factor into the mix. 

Medical Facility Fees?

Increasingly, however, it seems that patients are being caught off guard by a new “facility fee” for visiting doctors who are based in a hospital-owned building. The issue is not exactly new, but it is expected to become more contentious as patients use high deductibles imposed by consumer directed health care plans [HD-HCPs]; according to a report by FireceHealthcare. 

Those facilities, like Milwaukee’s Froedtert & Community Health who charge the fees, usually post warning signs although their patients often end up arguing with insurance companies over payment.

Making the financial sting even worse, some insurance companies treat the facilities fee at the doctor’s office as the first dollar of what can be a high hospital deductible, rather than applying it to a physician deductible. 

And, the fees vary widely, from a relatively small $20 or $30 to a few hundred dollars.

Assessment

What’s even more insidious is that some hospitals are already charging patients not only for professional medical services, but also a facilities fee for physical use of the building.

Conclusion

This historical review paper provides a retrospective review of IRs and implications for modernity.

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Managed Care Contract De-Selection Risks

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Origins of Medical Practice Patient Flow

[By Dr. Charles F. Fenton III; Esq]

fentonIn the current medical environment a physician’s practice does not consist of a collection of individual patients, or even of the “charts.”  

Rather, a physician’s practice consists of a number of managed care contracts that allows the physician to be a member of a panel and listed in the individual subscriber’s insurance book-of-business.  

Practice Cash Flow 

Today, patients merely flow from managed care contracts. Without managed care contracts, there are few patients and little cash flow. 

Therefore, the physician may face the risk of being de-selected from an individual, or several, managed care panels as contractual issues change, morph or are otherwise altered during each enrollment period. 

Assessment 

Each de-selection will have an adverse effect on the physician’s practice.  In actuality, the revenue lost from de-selection will come disproportionally from the net revenue of the practice.

Often one de-selection will snowball into several de-selections, until the physician barely has a practice remaining. 

Conclusion

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Medical Management Services Organizations

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Understanding MSOs

By Dr. David Edward Marcinko; MBA CMP™

[Publisher-in-Chief]dem23 

Most medical practice management services organizations [MSOs] for doctors are organized as IPAs.

Under such plans, doctors make the rules, regulations and medical care guidelines while MSO executives (MBAs, CPAs, CFAs, PhDs and JDs) administer those policies. Centralized data is collected and the organization is responsible for utilization review, quality control, and eligibility verification and payment. 

Definition 

The MSO is more of a broker, who works for the physicians in the plan, marketing, selling and running it on a daily basis. This leaves the MD’s unfettered to provide patient care; for a price that is typically 10-18% of net patient revenues, per month. 

Practitioner Candidates? 

A medical practitioner may be a candidate for a MSO organization if s/he possesses most of the following characteristics: 

  • excellent medical education,
  • good business background,
  • honed management and leadership skills,
  • practices in a large multi-doctor group with rising net income,
  • uses current HIT systems,
  • has gross margins exceeding fifty percent,
  • provides ancillary services such as a wound care or ambulatory surgery center,
  • is under 45 years of age, and;
  • desirous of practicing medicine in the future.  

Assessment 

Finally, the provider should have some business savvy and practice in an area with relatively weak MCO market penetration.  

Any provider should also consider joining a MSO if his future professional outlook is optimistic and positive.

Conclusion

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Managed Medical Care Contract Risks

More than Malpractice Liability

By Dr. Charles F. Fenton III; Esq 

 

Attorneys are becoming more aggressive in suing HMOs and other managed care companies.  

A Review 

Historic bars to such suits are declining simultaneously with recent Federal ERISA protection erosion. The upshot is that more litigation against managed care companies, their affiliates, and their health care providers are likely.  

Doctor Awareness 

The health care provider needs to be aware of these trends, needs to evaluate his/her own situation, and may need to take certain steps to limit these new evolving risks and potential liabilities. 

For example, the usual method of protection for the practicing physician, the use of the corporate form of business, is usually no benefit when signing managed care contracts.

Most managed care companies credential the individual physician and hence require that the individual physician and not the professional corporation sign the contract.  

Assessment 

This may put all of the physician’s personal assets at risk! 

Conclusion 

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Bars to Managed Care Lawsuits

A Historic Review

 By Dr. Charles F. Fenton III; Esq.insurance-book1 

Historically, managed care companies have been afforded immunity from negligence and malpractice lawsuits. Several state and federal bars, including ERISA (Employee Retirement Income Security Act of 1974), have insulated managed care companies from liability relating to the treatment of patients.  

Likewise, managed care companies have historically been immune from malpractice committed by a health care member of its panel of providers.  

State Arena 

On a state laws basis, the Corporate Practice of Law often insulated managed care companies from such liability.

The theory underlying this protection was essentially uncomplicated; since corporations are prohibited under the Corporate Practice of Law Doctrine from practicing medicine, they should not be held liable for medical negligence and malpractice.  

Recent Updates 

However, in recent years, it has become apparent that managed care companies do in fact “practice medicine.”  These companies tell their panel of providers how to practice, whether it is in a generalized or specific field of medicine.

For example:  

  • They establish a formulary of approved drugs, limiting those medications available to their subscribers.
  • They review and then approve or deny needed medical care.
  • They create economic incentives for patients to be under treated or treated in a predetermined manner.
  • They effectively minimize referrals to specialists, often at the peril of the patient subscriber and the health care provider seeking that consultation.  

Federal Arena 

In the Federal arena, ERISA has been the primary deterrent to suits against managed care companies.  

Under the theory of Federal preemption, even the lowest Federal regulation takes precedence over any and all state laws. ERISA has however been described as possessing “Super-preemption.”

This term was coined to evince the special deference that courts have displayed to potential defendants who allege defensive protection based upon ERISA.  

In the past, most providers ran into the ERISA preemption when a health plan governed by ERISA was contrary to a state law, such as state anti-discrimination law (i.e., a state law prohibiting insurance payment discrimination based on degree).  

Assessment 

In this context, physicians should understand that liability claims, such as medical malpractice claims, are state law causes of action.  Since the Federal ERISA law trumps state laws, bringing a medical malpractice action against an ERISA entity is almost impossible. 

 Conclusion 

 Have you ever been involved in such an issue; and what was the outcome? Please comment.  

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Independent Physician Associations

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Understanding Medical Networks and IPA’s

By Dr. David Edward Marcinko; MBA CMP™

[Publisher-in-Chief] 

DEM blueIn an attempt to increase market share and augment  profits, some doctors contemplate forming Independent Physician Associations (IPAs). 

IPA Benefits 

Some of the benefits of IPAs include: 

  • Marketing, advertising and purchase advantages through economies of scale 
  • Network pays the MD/DO directly
  • No need for individual MCO contract negotiations
  • Patients and their cash flow streams are quickly available
  • Collective group autonomy exists. 

IPA Risks 

On the other hand, IPA potential risks include:  

The MD/DO is not capitated but the physician pool likely will be. This merely means that the per unit price of each medical intervention will likely decrease as individual doctors in the pool competed for its limited resources (managed competition).

Other risks include:  

  • Variable income due to the managed competition
  • High 10-20% administrative fees payable in cash to IPA managers
  • Reduced and discounted fee schedules
  • Lost personal autonomy.   

Insolvent IPAs 

Obviously, signs of insolvent IPAs and related medical networks include:

  • Delayed data entry
  • Telephone or facsimile delays
  • Slow payment schedules
  • Poor expense tracking.
  • Insufficient HIT, security and related software
  • Sparse interest statements or financial information. 

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Conclusion

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Understanding Managed Care

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It’s Insurance Carriers versus Medical Providers

Dr. David Edward Marcinko; MBA CMP™

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Some of the benefits for corporate America (payers), who supply the majority of health insurance to employees (insureds) through managed care organizations [MCOs] are listed below. 

MCO Carrier Benefits 

  • Known medical expenses (fixed; not variable costs) to companies
  • MD/provider’s bear the risk and benefits of patient compliance, not corporations
  • Less administrative staff needs since medical claims are no longer reviewed
  • Costs are reduced through economies of scale 
  • Patients are controlled and MD’s carefully managed. 

Medical Provider Benefits 

The following is a brief list of the benefits physicians supposedly may derive by participating in managed care plans: 

  • Stable patient load and predictable cash flows
  • Potential referrals and community visibility
  • Reduced office expenses, liability and utilization review
  • Reputation equivalency (i.e., all doctors in the plan are good). 

Assessment

Conclusion

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The Point-of-Service Health Plan

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Understanding PSHPs

By Dr. David Edward Marcinko; MBA CMP™

[Publisher-in-Chief]

DEM blueCapitation or Per Member / Per Month [PM/PM] fixed medical reimbursement models offer some of the same advantages to Point of Service Health Plans [PSHPs] as they do to HMOs. But, they are often more risky for the doctor or healthcare provider.  

The main reason for the discrepancy is medical risk acceptance without considering the PSHP peculiarities. 

For example, these plans, unlike HMOs, may allow out-of-network services and PSHP managers and providers must then pay the unmanaged outside contractors in addition to the discounted in-service physicians.  This care therefore is an unknown future liability. 

Of course, re-insurance is useful, but these plans tend to be chronically short of capital and, as a result, should expect higher operating costs than traditional HMOs. 

Assessment

And so, what has been your experience with PSHPs; as either patient or provide?

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Capitation “ReDux” – Part Two

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Global Physician “Capitation” Payments Making a Comeback

[By Staff Reporters]

biz-bookDid you know that Blue Cross and Blue Shield of Massachusetts is making a major change in the way it pays its physicians?

It’s moving from [discounted] fee-for-service pay to per-patient per-year capitation rates, adjusted for age and sickness (severity adjustments), plus a bonus for those MDs who improve patient health status. No definition of this term was given; however. 

Under the new “incentive” plan, BCBS hopes to transfer risk to primary medical care groups.

Typically, the capitation will cover all primary care, specialist, counselor and hospital costs. Interestingly, BCBS has publicly denied that this system is “capitation”, and assured the public that it has safeguards in place to make sure patients won’t be under-treated and doctors won’t be underpaid.

Yet, BCBS of Mass hopes to cut the growth in medical costs in half in two to four years among providers who accept this cloaked global capitation-redux.

Assessment

Talk about jargon obfuscation – what do you think?

PART ONE: The Re-Emergence of Medical Capitation?

Conclusion

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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?

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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?

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