FEHBlog

The New York Times reports that specialty drug manufacturers are lobbying state legislatures to pass laws restricting the ability of pharmacists to substitute biosimilar drugs for brand name drugs even before the Food and Drug Administration has approved a regulatory pathway for approving the marketing of biosimilar drugs in the U.S. That’s crazy.

Modern Healthcare reports that the Trust for American Health has issued a report urging smarter government spending and oversight of preventive care. Reuters gets to the nub of the issue

The report also makes an economic argument for preventive care, highlighting the possibility of reducing healthcare spending — which in 2011 reached $2.7 trillion, just shy of 18 percent of gross domestic product — by billions of dollars. And that has health economists shaking their heads.

“Preventive care is more about the right thing to do” because it spares people the misery of illness, said economist Austin Frakt of Boston University. “But it’s not plausible to think you can cut healthcare spending through preventive care. This is widely misunderstood.”

The FEHBlog understands the public health economics often are counter-intutitive and that economic forces tend to force the cost curve up despite the best efforts of health plans and insurers..

The House of Representatives in in recess this week while the Senate continues to work on the Hurricane Sandy relief legislation according to the Hill.

Modern Healthcare reports that health care “reform brightens the [finanial] outlook” for for profit hospital chains like HCA and Tenet. The chains already have taken their bitter medicine over the cliff deal and sequestration, the next shoe to drop on March 1, will hit doctors, not hospitals, with a 2% Medicare cut which has the AMA News freaking out.

The S&P Healthcare Index for the 12 months ended November 2012 (the most recent report) was up 5.07%, a deceleration from the 5.27% rate reported for the prior month. The Professional Services Commercial Index remained over 9%.  The Hospital Commercial Index hit its lowest rate since the index began in January 2005 — an annual growth rate of 4.26%.

Modern Health care also reports on health plan and healthcare provider efforts to lower the cost of specialty drugs — a concern that OPM raised in the March 2012 benefits and rates proposal call letter. When will the Food and Drug Administration finally create the regulatory pathway for biosimilar or generic specialty drugs which Congress requested almost three years ago. The European Union created this gateway over a decade ago. Puzzling indeed.

Government Health IT provides five sensible tips for health care providers and health plans to prepare for an HHS Office for Civil Rights audit of their compliance with the HIPAA Privacy and Security Rules. Enforcement efforts will only continue to ramp up as we hit the fourth anniversary of the HITECH Act’s passage as part of the early 2009 financial stimulus law.

It doesn’t seem quite right to use the TGIF label on a short workweek when the FEHBlog has only done one post. So Friday update it is.

OPM has rolled out its new website. Here’s a link to the new FEHBP page site.

Following up on the last post, the Wall Street Journal reported on an initiative that OPM has endorsed – reducing hospital readmissions. Medicare is penalizing hospitals for high readmission rates, and this penalty has caught the hospital’s attention. However, the article illustrates that reducing readmissions, a worthy goal, is much easier said than done. Here’s the rub:

Some researchers also contend that 30 days may not be a fair time period to judge a hospital for conditions such as heart failure, a chronic disease in which risk of death or readmission can accumulate months after initial hospitalization. And hospitals that keep patients alive by rehospitalizing them may be penalized for higher readmission rates even though they lower mortality rates.
“The caution, unfortunately, will probably be that hospitals will begin to restrict readmissions,” regardless of a patient’s condition, in order to avoid Medicare cuts, says Todd Rosengart, chairman of the Michael E. DeBakey Department of Surgery at Baylor College of Medicine in Houston,

The bottom line is that public health measures are imperfect because health care is complex.

The Labor Department issued a potpourri of Affordable Care Act guidance yesterday in FAQ XI.  “This set of FAQs addresses the employer notice of coverage options,
health reimbursement arrangements, disclosure of information related to
firearms, employer group waiver plans supplementing Medicare Part D,
fixed indemnity insurance and payment of PCORI fees.” This information is interesting but not directly relevant to the FEHBP. The FEHBlog gets a kick out of the fact that the Labor Department uses Roman numerals to identify the FAQs as if they were the equivalent of Super Bowls. But they are darn handy.

The FEHBlog hopes that everyone enjoyed the long holiday weekend. Of course, the President was inaugurated for a second term (twice) over the weekend, and both Houses of Congress return to work on Tuesday. The House of Representatives will be working on its debt limit strategy and the Senate will be working on the Hurricane Sandy relief package that the House passed before the break according to the Hill’s Floor Watch blog.

The FEHBlog has noticed a few articles following up on OPM’s initiatives contained in its March 2012 benefits and rates proposal call letter:

• Encourage expectant mothers to hold off have a C-section before the 39th week of pregnancy. Kaiser Health News reports on the state of collective efforts by providers, insurers, and others to achieve this goal advocated by the March of Dimes.
• Encourage a reduction in serious medical errors known as never events. The AMA News reports on a recent Joint Commission study finding that never events occur in hospital operating rooms nationwide about 80 times weekly, e.g., forgetting a sponge in a patient. To err is human, but ….
• Allow plans to cover applied behavioral analysis therapy for children diagnosed with autism. The Wall Street Journal reports on a University of Connecticut longitudinal study of children diagnosed with autism spectrum disorder (UConn is the FEHBlog’s alma mater) confirming “a notion” that these children can recover. “‘It’s now apparent that some have a very good prognosis,'” said the
  NIMH’s Dr. Insel. ‘The problem is we don’t know how to identify that
  group.'” That’s essentially good news that over time should lead to improved diagnosis and treatment.  

The Washington Post’s Federal Eye column posited on Wednesday that the President could name OPM Director John Berry to replace Ken Salazar who is retiring as Interior Secretary. Of course, it seems to the FEHBlog  that the President also could name Director Berry to replace Hilda Solis who is retiring as the Labor Secretary.

The legal bombshell of the week was that yesterday the Health and Human Services Department released a 563 page omnibus final rule implementing the 2009 HITECH Act’s changes to the HIPAA Privacy and Security Rules — wider enforcement scope, vastly stepped up civil penalties. Modern Healthcare has a useful report on this development titled “Experts see major shifts in privacy rule.” Yes indeed the enforcement screw is tightening on health care providers, health insurers, and thousands of companies, including the FEHBlogs’s which have access to protected health information as part of their work for these HIPAA covered entities. That’s a lot to chew on over the long weekend.

OPM has awarded a contract to Maximus Federal Services, Inc. for expert assistance with disputed claim reviews in the FEHBP and FEDVIP programs.

The President’s executive gun control initiatives today involve mental healthcare issues according to the Hill’s Healthwatch. This one puzzled the FEHBlog

Obama said his administration would finalize rules on mental health
parity, the requiring of mental healthcare to be covered the same way as
physical healthcare. The regulations have languished since 2008, and
Senate Democrats had called on Obama to push the rules forward as part
of his gun-control recommendations.

Those quite complicated 2008 rules were issued in interim final form and have been effective for over four years in the FEHBP. The FEHBlog shudders to think what HHS and DOL have up their respective sleeves on this finalization, but he senses the cost curve moving up again. Several of the President’s mental health initiatives make sense but this mental health parity law already has been stretched to its limits (in not beyond) by the existing regulation.

Modern Healthcare reports that hospital prices only rose 5.1% in 2012 compared to 6.2% in 2011. Thank heavens for small miracles.  That’s just about two times higher than the growth in the urban consumer rice index. The physician price index for 2012 roughly was in line with the CPI-U change.

The AMA News reports that patients, at their doctors’s recommendation, are using health and fitness apps created by large health insurers like Aetna and CIGNA. The FEHBlog noticed today that several FEHB plans have apps available on Microsoft’s Healthvault as para of OPM’s Blue Button initiative.

The House of Representatives is in session this week for a few days principally to address Superstorm Sandy relief according to the Hill’s Floorwatch. The Senate is out until after the inauguration next Monday.  Congress did pass and the President signed a bipartisan bill again according to the Hill that will facilitate settlement of Medicare liens in negligence lawsuits. That was a big issue for the plaintiffs’ bar.

The AMA News reads the tea leaves created by the recent government report on healthcare spending in 2011, the first calendar year of ACA implementation. The AMA News which has been dismayed by the drop in physician’s services in 2009 – 10 is encouraged by this report.  It’s definitely worth a peek. The AMA News also reflected on the five biggest concerns for doctors this year — the ACA leads the pack.

The Wall Street Journal’s Numbers Guy columnist, whom the FEHBlog enjoys reading, wrote on a recent Journal article about a study finding that overweight (not obese) people tend to live longer than “normal” weight people measured on the BMI scale. The Numbers Guy writes that the utility of the obesity measure on the BMI scale is well accepted but once you get below that level into overweight the consensus breaks up. That makes sense to the FEHBlog who lost quite a bit of weight over the last year  and is still overweight on the BMI scale (26.2 — normal is from 18.5 to 24.9). The point is that a dietitian friend explained to me that it’s important for older people (including the FEHBlog) to have a little weight on their bones because if serious illness strikes you can lose weight fast. That may explain the longevity finding.

Business Insurance reports that “In 2011, total U.S. health care spending hit $2.701 trillion, or $8,680
per person. While this is a record, expenditures rose only 3.9% in 2011,
unchanged from 2010 and 2009, according to statistics compiled by
researchers at the U.S. Centers for Medicare & Medicaid Services and
published in the journal Health Affairs.”  The Wall Street Journal reports that health care costs are poised to jump again as people get back to work and Obamacare becomes unleashed.  The Healthcare Cost Institute, a group of large health insurers with a huge claims database, has released new charts on how we spend our health care dollars.

HHS today trumpeted the growth of accountable care organizations in Medicare. Accountable care organizations are an approach to coordinating care under which the providers assume financial risk.  The AMA News reports on a recent Commonwealth Fund study finding that becoming an ACO is easier said than done.

The AMA News also reports on the provider community’s now quixotic (in the FEHBlog’s view) campaign to prevent the scheduled implementation of the ICD-10 code set in 2014. The FEHBlog is sympathetic to this campaign. The ICD-10 upgrade that HHS has mandated under HIPAA will not improve the claims process a whit. Public health groups have advocated the change because the ICD-10 gives much more detailed diagnostic coding information that the ICD-9. But the idea of HIPAA was to improve electronic claims processing, not public health.

And since this entry is supposed to include miscellany, let’s end with a Kaiser Health News article about how doctors, dentists, and allied health professionals are resorting to Groupon and other social media sales techniques to hawk their services. Hippocrates must be rolling in his grave.

The 113th Congress of the United States was sworn in last Thursday. The House is now in recess for a week and the Senate is in recess for two weeks according to the Hill’s Floorwatch.  The Hill also reports that “House and Senate appropriators have been quietly working behind the scenes for months to craft 12 compromise annual spending bills to avoid a shutdown that is slated to occur when the current six-month stopgap spending bill expires [ on March 31].” Similarly, the Federal Times reports that “Two top lawmakers from opposing parties [Senator Tom Carper (D Del) who chairs the Senate Homeland Security and Government Affairs Committee and Rep. Darrell Issa (R. Calif.) who chairs the House Oversight and Government Reform Committee] this [past] week pledged cooperation to put the U.S. Postal Service back on its feet financially.” That, of course, will require legislation.  By the way, Rep. Blake Farenthold (R – TX) will chair the House Oversight Committee’s subcommittee with responsibility for the FEHBP.

The AMA News reports that although the Medicare doc fix is in place for another year, the 2% cut in Medicare pay to doctors created by the sequestration law remains looming. Congress punted the sequestrations down the road for two months to March 1, 2013. The doc fix stuck it to the hospitals while the sequestration sticks it to the doctors. It is conceivable that the sequestration may take effect.

The FEHBlog was startled yesterday by the Washington Post’s below the fold headline that the breast pump industry is booming due to the ACA. This is front page news?? Did the Post reporter never see the movie Field of Dreams?  If you build it they will come. In the women’s preventive health care rule that created the contraceptive mandate, the Obama Administration also mandated that health plans cover breast milk pump rentals with no cost sharing. That mandate became applicable to the FEHBP on January 1. A breast milk pump costs $30 on Amazon.com ($110 for an electric model.) Adding the complexity of insurance and removing any consumer incentive to engage in price comparison will drive the cost curve up.

Following up on yesterday’s post, here is a link to Health Data Management which provides a CMS explanation of the Medicare changes made by the New Years Day tax law that provided another year of the doc fix to Medicare Part B payments.

Here is a link to a Kaiser Health News flowchart that explains the IRS’s approach to the Affordable Care Act’s share responsibility / pay or play provisions discussed in a recent FEHBlog post.

Finally, on the HIPAA front, ihealthbeat reports that CMS has announced that it will delay enforcement of two HIPAA standard transaction operating rules for three months (until March 31, 2012). The standard operating rules in this case for eligibility and claim status are intended to replace the multiplicity of individual health plan implementation guides for the transaction standards.

Securityinfowatch.com reports that

The Hospice of North Idaho (HONI) has agreed to pay the U.S. Department of Health and Human Services’ (HHS) $50,000 to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule. This is the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500 individuals.

In this case, the Hospice had a laptop with unencrypted data on 441 patients stolen in 2010.  The article points out that the government now has a website that discusses the myriad HIPAA security risks of mobile devices. It’s worth a look.