Happy Labor Day Weekend!
I hope that everyone is enjoying the Labor Day weekend and that Gustav spares New Orleans.
- OPM issued final regulations for the Federal Employees Dental / Vision Program last week. OPM provided the following clarification:
A comment indicated that it was not clear whether enrollment or coverage
would be denied for preexisting dental conditions. Under this Program, neither enrollment nor benefits coverage is denied due to a preexisting dental condition. However, since the dental program was established in order to provide benefits for dental services for teeth and their surrounding tissues, a carrier may determine that coverage does not extend to replacements for teeth missing before the effective date of enrollment in the Program.It’s a fun fact to know and tell that OPM’s FEHBP regulations (5 C.F.R. § 890.201(b)(5)) exempt dental benefits (and cosmetic surgery) from its general prohibition against pre-existing conditions.
- OPM also has posted an RFP for the Federal Long Term Care Insurance Program Carrier. The current carrier is Long Term Care Partners. The incumbent’s initial contract is approaching the end of its seven year term. According to the statistics accompanying the RFP, there are about 220,000 people enrolled in the Program. Proposals currently are due on November 14, 2008.
- The Office of the National Coordinator for Health Information Technology has announced that it will be holding a Medical Identity Theft Townhall on October 15, 2008, from 8:30 am to 4:30 pm at the FTC Conference Center, 601 New Jersey Ave, NW, in Washington. You must RSVP to MedIDTheftTownHall@hhs.gov and indicate whether you are planning to attend in person or by webcast.
- According to a National Quality Forum press release, the NQF has endorsed nine new national voluntary consensus standards for health information technology (HIT) in the areas of electronic prescribing, electronic health record (EHR) interoperability, care management, quality registries, and the medical home. These HIT structural measures are intended to help providers assess the efficiency and standardization of current HIT systems and identify areas where additional HIT tools can be used.
- One of the most pointless lawsuits in my opinion is the Average Wholesale Price RICO class action against First Databank and McKesson pending in the federal district court for the District of Massachusetts. Lawyers for First Databank and the plaintiffs negotiated a class action settlement that would have disrupted the PBM market for health plans. The court rejected the settlement because, among other reasons, it provided no financial relief to the class members. The parties returned with another settlement that provides modest financial relief to consumers, but none to the health plans that paid most of the freight. The court is considering this proposal. Meanwhile, McKesson has defended itself against the plaintiff’s complaint.
Meanwhile, it turns out that the plaintiffs last year filed a separate federal antitrust class action against McKesson based on the same allegations == that McKesson and First Databank conspired to artificially increase the AWP which many PBMs and health plans use to set their negotiated prices. Last week, U.S. District Judge Patty Saris, who also is hearing the RICO action, dismissed the antitrust action on the ground that the plaintiffs failed to demonstrate the antitcompetitive effect of McKesson’s alleged misconduct. It will be interesting to follow the second bounce of this ball.
Mid-week miscellany
- The Wall Street Journal report on the monopolistic practices of a not-for-profit hospital chain in Roanoke, VA, Carilion Health System. Carilion has caused health insurance premiums in this western Virginia community to soar above Richmond’s. (Where’s the Justice Department?) The report discloses that a local Roanoke court devotes one day a week to Carilion collection cases. (This is the second WSJ expose on non-profit hospital finances this year.
- On a related note, the South Florida Sun-Sentinel reports that “in South Florida and nationwide, some insured patients are being asked by hospitals to pay larger portions of their bills upfront — and sometimes hospitals will not do the procedures until they get their co-payments.”
- The Washington Post reports that “Patient-centered care, chronic disease management, self-care and medical homes are all buzzwords in health policy circles these days, in the midst of the national dialogue about quality and systemic reform. But countless doctors, generalists and specialists alike, are moving ahead on their own, reinventing their clinical practices and finding more-effective and more-fulfilling ways of practicing medicine.”
- Finally, and this was my favorite story, health insurers, providers, and the Centers for Disease Control are setting up “islands” in the virtual internet world — Second Life, according to an AIS article. “Of all the virtual worlds, Second Life is probably the best known. Just five years old, it now claims 14 million registered accounts and “islands” inhabited by colleges and universities, federal agencies and corporations. The average age of a Second Life resident is 35 and edging upward. Facebook and MySpace are experiencing the same trend.”
Weekend Update
This slow weekend opportunity provides us with an opportunity to follow up on a few recent items:
- OPM has revised its FEHB government wide indemnity benefit plan solicitation. The new proposal deadline is October 2.
- A Marketwatch report discloses that “the first biotech drugs were launched in the mid 1980s and now patents have expired on drugs worth more than $13 billion. Until very recently generic competition was not possible but now in Europe, the EMEA has issued guidelines and the first biosimilar has been approved.” So there may be hope that Congress will enact a U.S. biosimilar / biogeneric law before too long.
- Modern Healthcare.com reports on cost projections for the ICD-10 mandate under HIPAA that HHS plans to implement on October 1, 2011. The estimates for provider, health plan and vendor compliance run into the billions of dollars. The article further explains that
Despite the high costs and aggravation, the switch to ICD-10 will be worth the effort, according to HHS. It enumerated six categories in which society would benefit from the conversion to ICD-10: more accurate claims, fewer rejected claims, fewer improper claims, better understanding of new procedures, improved disease management, better understanding of health conditions and outcomes, and harmonization of disease monitoring and reporting worldwide.
Mid-week Miscellany
- The Segal Co. issued its 2009 Health Plan Cost Trend Survey. The report predicts single digit trend increases in prescription drug spending (excluding specialty drugs) for the first time in the reports 12 year history.
- USA Today has posted a website reporting on hospital death rates for heart attack, heart failure and pneumonia using CMS data.
- The Harris Poll and the Center for Studying Health System Change have published reports on public use of the internet to investigate health care issues.
- The Wall Street Journal reports on a study of the cost-effectiveness of Merck’s new Gardasil vaccine.
“The study published by researchers from the Harvard School of Public Health suggests Gardasil’s cost is justified in pre-adolescent girls, partly because they are less likely to have already been exposed to HPV. But among older females, the cost-effectiveness of Gardasil becomes less and less favorable, researchers concluded. ‘Under most scenarios, extending the catchup to 26 wasn’t cost effective,’ Jane Kim, an assistant Harvard professor, said in an interview.”
- Meanwhile, the AP reports that “Measles cases in the U.S. are at the highest level in more than a decade, with nearly half of those involving children whose parents rejected vaccination, [according to] health officials” at the Centers for Disease Control.
- Finally, the New York Times headlined a confidential HHS Inspector General report questioning the effectiveness of Medicare’s anti-fraud efforts. How much of a surprise is this considering the recent story about Medicare paying claims based on prescriptions “written” by dead doctors?
Specialty drug developments
The American Medical Association has not taken a position on the bills. It is concerned about any measure’s effect on patient safety, incentives for innovation and physicians’ independence. Legislation should not compel doctors to treat biogenerics as interchangeable with brand-name biologics and should balance the need for market exclusivity with competition, according to the AMA.
How can we ever expect the price of these specialty drus to come down without generic alternatives? But of course no one expected the price of gasoline to come back down.
In more heartening news, Medco is teaming up with the Food and Drug Administration to “study
pharmacogenomics, or “personalized medicine” – the way genes can
alter the effectiveness of drugs. At the 2007 OPM AHIP FEHBP conference, Medco CEO David Snow explained how genetic tests can help doctors identify the appropriate dosage at an individual patient level for certain widely prescribed medicines like the blood thinner warfarin (brand name Coumadin).
Weekend Update / Miscellany
- OPM is beginning to gear up for the upcoming Federal Benefits Open Season which will begin on November 10 and end on December 8, 2008.
- On a related Open Season note, the Centers for Medicare and Medicare Services (CMS) “estimates that the average monthly premium that beneficiaries will pay for standard Part D coverage in 2009 will be $28. This is about 37 percent lower than originally projected when the benefit was established in 2003.” Medicare beneficiaries will have their annual Open Season later this year as well. “In addition to average premiums for 2009, CMS has announced: the 2009 national average monthly bid; the base beneficiary premium; the regional low-income subsidy premium amounts for 2009; and the 2009 Medicare Advantage regional preferred provider organization benchmarks.”
- The Washington Post reported on a Bethesda MD company Wellnet Healthcare which is launching a social network for doctors,patients, and insurance company disease / case managers called Point to Point Healthcare. The article points out that the unproven service has competitors like Google Health, Steve Case’s Revolution Health, and an Arlington VA start-up Healthcentral. I was struck by this comment from an HR manager whose company has signed up with Wellnet:
Janice Algie, Peterson’s director of human resources, said she wondered if her employees would use more online tools like Point to Point. “It’s difficult to get them involved in their own health care,” she said. “Every time a claim is processed, whether it’s health insurance and dental insurance, it’s submitted and tells them what they owe. I can’t tell you how many employees look at those. Even though they have online access, they still don’t look at them.” But perhaps it’s generational, Algie said. With few entry-level positions, about 45 percent of Peterson’s workforce is age 40 and above.
Here Comes the ICD-10!
The announcement further explains
Developed almost 30 years ago, ICD-9 is now widely viewed as outdated because of its limited ability to accommodate new procedures and diagnoses. ICD-9 contains only 17,000 codes and is expected to start running out of available codes next year. By contrast, the ICD-10 code sets contain more than 155,000 codes and accommodate a host of new diagnoses and procedures.
These coding changes will require a host of claims system changes.
Mid-week Miscellany
- The U.S. Court of Appeals for the Federal Circuit today affirmed a lower court opinion invalidating an OPM regulation prohibiting final year SSSG pricing reconciliations as in conflict with the FEHB Act, 5 U.S.C. § 8902(i). HMOs participating in the FEHB Program use the similarly sized subscriber group (“SSSG”) methodology to set the community rates for their FEHB plans.
- Speaking of OPM, Director Linda Springer left office today. The Washington Post’s new Federal Diary columnist, Joe Davidson, reported on Ms. Springer’s reflections concerning this transition.
- CVS Caremark acquired the West Coast based Long’s Drug Store chain. The AP reports that “Longs operates 521 drug stores in California, Hawaii, Nevada and Arizona, which will give CVS about 6,800 stores when the deal is completed. It also operates the Rx America pharmacy benefits management business, which provides services to about 8 million members and prescription drug coverage to about 450,000 Medicare beneficiaries.”
- The Consumer-Purchaser Disclosure Project announced today that it “has named the nonprofit National Committee for Quality Assurance (NCQA) as an independent reviewer to certify that health insurers and other organizations assess and report on the quality of physicians in an effective and fair manner. NCQA is the first approved independent
reviewer that can ensure that organizations follow the guidelines of the Patient Charter for Physician Performance Measurement, Reporting and Tiering Programs.”
Health Care Cost Surveys
According to a San Francisco Chronicle report, “Aon’s findings mirror a similar study released late last month by PricewaterhouseCoopers, which estimated a nearly 10 percent increase in health costs for next year. The study pointed out that the percentage rate of increases has
diminished each year since 2003 and attributed some of the deceleration to similar cost-saving programs, including those that encourage people to select generics over brand-name drugs.”
