High-value care - Modern Medicine

Medical Economics
APR I L 10, 2015
H IG H-VALU E CAR E STRATEG I ES
APRIL 10, 2015
VOL. 92 NO. 7
2015 physician
writing contest:
What caring means
32
Managing conflict
with patients
■
18
HOW TO USE DI R ECT M ESSAG I NG
42
■
Using Direct
messaging to improve
information exchange
JOI N I NG AN I PA
47
Joining an IPA:
What you need to
know first
51
Insurance coverage
every physician needs
High-value care
STRATEGIES
Guiding patient conversations
to optimize care, reduce cost
PAGE 26
LOW-VALUE TREATMENTS
What to watch for
PATIENT DIALOGUE
STARTERS
GEORGIANN DeCENZO Executive Vice President
440-891-2778 / [email protected]
KEN SYLVIA Vice President, Group Publisher
732-346-3017 / [email protected]
Twitter Talk
Other people and
organizations tweeting
about issues that
matter to you
R ICHAR D VAUG H N M D
@RVAUGHNMD
Good read. “smallest independent
primary care practices, physician
owned, provide better care at lower
overall cost” http://bit.ly/1qNNnm0
DAVID A. DePINHO Publisher/Group Editor
732-346-3053 / [email protected]
PUBLISHING & SALES
EDITORIAL
MONIQUE MICHOWSKI
GEORGE G. ELLIS JR., MD, FACP
National Account Manager
Chief Medical Adviser
732-346-3098 / [email protected]
JEFFREY BENDIX, MA
ANA SANTISO
Senior Editor
National Account Manager
440-891-2684 / [email protected]
732-346-3032 / [email protected]
CHRIS MAZZOLINI, MS
TOD McCLOSKEY
Content Manager
Account Manager,
Display/Classified & Healthcare Technology
440-891-2797 / [email protected]
440-891-2621 / [email protected]
JOANNA SHIPPOLI
Account Manager, Recruitment Advertising
ART
440-891-2615 / [email protected]
ROBERT McGARR
DON BERMAN
Group Art Director
Business Director, eMedia
MOU NT S I NAI HOS PITAL
@MOUNTSINAINYC
#Obesity is one of the most important
risk factors for #cancer, second
to tobacco” - Dr. Paolo Boffetta @
TischCancer http://bit.ly/1uOrM3i
212-951-6745 / [email protected]
440-891-2628 / [email protected]
MEG BENSON
PRODUCTION
Special Projects Director
KAREN LENZEN
732-346-3039 / [email protected]
Senior Production Manager
GAIL KAYE
Director of Marketing & Research Services
AUDIENCE DEVELOPMENT
732-346-3042 / [email protected]
JOY PUZZO Corporate Director
CHRISTINE SHAPPELL Director
WENDY BONG Manager
HANNAH CURIS
Sales Support
STE PH E N SCH I M PFF, M D
@DRSCHIMPFF
Physician frustration is rampant but
lets reframe the resolution question
http://bit.ly/1s1rcyk #primarycare
KEN TERRY
GAIL GARFINKEL WEISS
Contributing Editors
RENÉE SCHUSTER
List Account Executive
440-891-2613 / [email protected]
REPRINTS
MAUREEN CANNON
877-652-5295 ext. 121 / [email protected]
Outside US, UK, direct dial: 281-419-5725. Ext. 121
Permissions
440-891-2742 / [email protected]
A. PATR ICK JONAS, M D
@APJONAS
Report: Recruiters have trouble filling
primary care openings
http://sbne.ws/r/q85a
#FMREVOLUTION
UBM Advanstar
JOE LOGGIA
Chief Executive Officer
TOM EHARDT
Executive Vice-President, Life Sciences
GEORGIANN DeCENZO
Executive Vice President
CHRIS DeMOULIN
MIKE ALIC
Executive Vice-President,
Strategy & Business Development
TRACY HARRIS
Senior Vice President
DAVE ESOLA
Vice President, General Manager
Pharm/Science Group
MICHAEL BERNSTEIN
Executive Vice President
Vice President, Legal
REBECCA EVANGELOU
FRANCIS HEID
Executive Vice President,
Business Systems
Vice President, Media Operations
JULIE MOLLESTON
Vice President, Treasurer & Controller
Executive Vice President,
Human Resources
ADELE HARTWICK
UBM Americas
SALLY SHANKLAND
Chief Executive Officer
BRIAN FIELD
Chief Operating Officer
MARGARET KOHLER
Chief Financial Officer
UBM plc
TIM COBBOLD
Chief Executive Officer
ANDREW CROW
Group Operations Director
ROBERT GRAY
Chief Financial Officer
DAME HELEN ALEXANDER
join us online
facebook.com/MedicalEconomics
twitter.com/MedEconomics
PA RT O F TH E
6
Medical Economics is part of the ModernMedicine Network, a
Web-based portal for health professionals offering best-in-class
content and tools in a rewarding and easy-to-use environment
for knowledge-sharing among members of our community.
MEDICAL ECONOMICS ❚ APRIL 10, 2015
Chairman
Customer service 877-922-2022
Advertising 732-596-0276
Back Issues 218-740-6477
Editorial 800-225-4569
Classifieds 800-225-4569
Reprints 877-652-5295, ext. 121
Subscription Correspondence Medical Economics, P.O. Box 6085, Duluth, MN 55806-6085
©2015 Advanstar Communications Inc. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any
means, electronic or mechanical including by photocopy, recording, or information storage and retrieval without permission in writing from the publisher. Authorization to photocopy items for internal/educational or personal use, or the internal/educational or personal use of specific clients is granted
by Advanstar Communications Inc. for libraries and other users registered with the Copyright Clearance Center, 222 Rosewood Dr. Danvers, MA 01923,
978-750-8400 fax 978-646-8700 or visit http://www.copyright.com online. For uses beyond those listed above, please direct your written request to Permission Dept. fax 440-756-5255 or email: [email protected]. SMARTER BUSINESS ■ BETTER PATIENT CARE is used pending trademark approval.
UBM Advanstar provides certain customer contact data (such as customers name, addresses, phone numbers, and e-mail addresses) to third parties
who wish to promote relevant products, services, and other opportunities that may be of interest to you. If you do not want UBM Advanstar to make your
contact information available to third parties for marketing purposes, simply call toll-free 866-529-2922 between the hours of 7:30 a.m. and 5 p.m. CST
and a customer service representative will assist you in removing your name from UBM Advanstar’s lists. Outside the US, please phone 218-740-6477.
Medical Economics does not verify any claims or other information appearing in any of the advertisements contained in the publication and cannot
take responsibility for any losses or other damages incurred by readers in reliance of such content.
Medical Economics cannot be held responsible for the safekeeping or return of unsolicited articles, manuscripts, photographs, illustrations, or other
materials.
Library Access Libraries offer online access to current and back issues of Medical Economics through the EBSCO host databases.
To subscribe, call toll-free 888-527-7008. Outside the U.S., call 218-740-6477.
MedicalEconomics. com
Referenced in MedLine®
Volume 92
Issue 07
APRIL 10, 2015
COLUMNS
PA G E
51
FINANCIAL
S TR AT E G I E S
HIGH-VALUE CARE
IN DEPTH
STRATEGIES
STARTS
ON PAGE
SPECIAL REPORT
18 ‘TO CARE ALWAYS:’
PHYSICIAN WRITING CONTEST
SECOND-PLACE ENTRY
26
Kenneth Moon, MD, writes about
an encounter at the hospital that
changed the way he thinks about his
duty as a physician.
Robert C.
Scroggins
Insurance must-haves
32 MANAGING CONFLICT
WITH PATIENTS
10
11
12
16
55
57
Strategies for talking with patients
about certain matters can help
alleviate conflict points.
ME ONLINE
EDITORIAL BOARD
FROM THE TRENCHES
VITALS
ADVERTISER INDEX
THE LAST WORD
40 UNDERSTANDING THE
STARK LAWS
What physicians need to know
about the rules regarding physician
self-referral.
Healthcare reform will cost billions
less than anticipated, according to an
analysis by the Congressional Budget
Office.
M I S S I O N S TAT E M E N T
Cover: Getty Images/iStock/360/marigold_88
Medical Economics is the leading business
resource for office-based physicians,
providing the expert advice and shared
experiences doctors need to successfully meet
today’s challenges in practice management,
patient relations, malpractice, electronic
health records, career, and personal finance.
Medical Economics provides the nonclinical
education doctors didn’t get in medical
school.
C O V E R STO R Y | TR E N D S
Guiding patient conversations
to optimize care, reduce costs.
starts on page 26
Low-value treatments:
What to watch for
] Patient conversation
starters
] Guidelines for primary care
]
MEDICAL ECONOMICS (USPS 337-480) (Print ISSN: 0025-7206, Digital ISSN: 2150-7155) is published semimonthly (24 times a year) by UBM Advanstar, 131 W. First
St., Duluth, MN 55802-2065. Subscription rates: one year $95, two years $180 in the United States & Possessions, $150 for one year in Canada and Mexico, all other
countries $150 for one year. Singles copies (prepaid only): $18 in US, $22 in Canada & Mexico, and $24 in all other countries. Include $6.50 for U.S. shipping and handling.
Periodicals postage paid at Duluth, MN 55806 and at additional mailing offices. Postmaster: Send address changes to Medical Economics, PO Box 6085, Duluth, MN
55806-6085. Canadian GST Number: R-124213133RT001 Publications Mail Agreement number 40612608. Return undeliverable Canadian addresses to: IMEX Global
Solutions, PO Box 25542 London, ON N6C 6B2 CANADA. Printed in the USA.
MedicalEconomics. com
42 DIRECT MESSAGING:
WHY PHYSICIANS HAVE NOT
EMBRACED IT YET
While Direct messaging can help
physicians meet meaningful use 2
goals, there are challenges to using
the service.
47 WHAT TO CONSIDER
BEFORE JOINING AN IPA
Independent physician
associations can be a buffer zone
between physician practices
and the challenges of remaining
independent.
51 INSURANCE EVERY
PRACTICE SHOULD HAVE
All physicians should consider these
kinds of insurance to protect the
financial health of their practices.
57 ACA COST ESTIMATES
ON THE DECLINE
Healthcare reform will cost billions
less than anticipated.
MEDICAL ECONOMICS]APRIL 10, 2015
7
MEDICALECONOMICS.COM
SMARTER BUSINESS. BETTER PATIENT CARE.
EXCLUSIVE ONLINE CONTENT AND NEWS.
online
I N-D E P TH C O V E R A G E
THE RISING COST OF
GENERIC PRESCRIPTIONS
In spite of federal efforts, the cost of
healthcare continues to rise. A recent
PricewaterhouseCoopers report predicts a 6.8%
increase in costs in 2015, in part because of
costly specialty medications.But it’s not just
breakthrough drugs accounting for escalated
costs. Almost no part of the pharmaceutical
industry is escaping the trend—including
generics, formerly the go-to for low-cost care.
Read more: http://bit.ly/1bbE7I7
Twitter Talk
Follow us on Twitter
to receive the latest news
and participate in the
discussion.
FACILITY FEES
The increasing use of facility fees force
physicians to talk money with patients
http://ow.ly/G8oTO
ELECTRONIC HEALTH RECORDS
Is your EHR use as efficient as it could be?
Learn 5 key factors in our eBook.
http://bit.ly/1y9iS0M
HEPATITIS C TREATMENTS
Top Headlines
Now @MEonline
WHY EMPATHY MAY BE
THE BEST RISK STRATEGY
ME App.
DOWNLOAD FREE TODAY.
When a mistake occurs,
showing compassion and
discussing clear next steps with
patients can prevent lawsuits.
Read more at:
Get access to all the benefits Medical Economics
offers at your fingertips. The Medical Economics app
for iPad and iPhone is now available for free in the
iTunes store.
http://bit.ly/1Fb2kHN
MedicalEconomics.com/app
Are practices ready for ICD-10? Read
full story:
#2 ICD-10 TESTING RESULTS
http://bit.ly/1za5R3z
Cholesterol lowering
resource center
Find the latest research and information
on medication and treatment strategies.
#3 DIABETES PATIENTS NOT
LEARNING SELF-CARE
Find out why at ow.ly/Gm2cn
MedicalEconomics.com/cholesterol
PA RT O F TH E
Medical Economics is part of the ModernMedicine Network, a Web-based portal for health professionals offering best-in-class content
and tools in a rewarding and easy-to-use environment for knowledge-sharing among members of our community.
10
MEDICAL ECONOMICS ❚ APRIL 10, 2015
Health plans have been excitedly awaiting
an alternative to the extremely costly
#Sovaldi for treating #hepC
http://ow.ly/Ghi7Z
DIABETES
#Diabetes is the leading cause of
#visionloss in working-aged Americans
http://ow.ly/GcAUT
CORONARY DISEASE
#Coronaryheartdisease is estimated to kill
more than 385,000 persons a year.
http://ow.ly/G97Dz
REIMBURSEMENTS
Getting paid for chronic care under
Medicare’s new program
http://ow.ly/G8oHa
MEDICAL MALPRACTICE
The future of malpractice reform
http://ow.ly/G8oNd
join us online
facebook.com/MedicalEconomics
twitter.com/MedEconomics
MedicalEconomics. com
The board members and consultants contribute expertise and analysis that help shape the content of Medical Economics.
PAGE 51
An umbrella policy can
extend coverage where
there are gaps in other
policies.”
—Robert C. Scroggins CONSULTANT
the Advisers
EDITORIAL
CONSULTANTS
PRACTICE MANAGEMENT
Judy Bee
www.ppgconsulting.com
La Jolla, CA
Keith Borglum, CHBC
Professional Management and Marketing
Santa Rosa, CA
Kenneth Bowden, CHBC
Berkshire Professional Management
Pittsfield, MA
Michael D. Brown, CHBC
Health Care Economics Indianapolis, IN
EDITORIAL BOARD
Frank Cohen, MPA
www.frankcohengroup.com
Clearwater, FL
Virginia Martin, CMA, CPC, CHCO, CHBC
Mary Ann Bauman, MD
Elizabeth A. Pector, MD
Healthcare Consulting Associates
of N.W. Ohio Inc. Waterville, OH
Internal Medicine
Oklahoma City, OK
Family Medicine
Naperville, IL
Rosemarie Nelson
MGMA Healthcare Consultant Syracuse, NY
Mark D. Scroggins, CPA, CHBC
Clayton L. Scroggins Associates Inc.
Cincinnati, OH
Gray Tuttle Jr., CHBC
John L. Bender, MD, MBA
Patricia J. Roy, DO
The Rehmann Group Lansing, MI
Family Medicine
Ft. Collins, CO
Family Medicine
Muskegon, MI
Healthcare Management
and Consulting Services Bay Shore, NY
Michael J. Wiley, CHBC
H. Christopher Zaenger, CHBC
Z Management Group Barrington, IL
Karen Zupko
Karen Zupko & Associates Chicago, IL
Maria Y. Chandler, MD, MBA
Joseph E. Scherger, MD
Business of Medicine, Pediatrics
Irvine, CA
Family Medicine
La Quinta, CA
TAXES & PERSONAL FINANCE
Lewis J. Altfest, CFP, CPA
Altfest Personal Wealth Management
New York City
Robert G. Baldassari, CPA
Matthews, Carter and Boyce Fairfax, VA
Todd D. Bramson, CFP
George G. Ellis Jr., MD
Salvatore S. Volpe, MD
North Star Resource Group Madison, WI
Internal Medicine
Youngstown, OH
Internal Medicine-Pediatrics
Staten Island, NY
Insurance consultant New York City
Glenn S. Daily, CFP
Barry Oliver, CPA, PFS
Thomas, Wirig, Doll & Co.
Capital Performance Advisors
Walnut Creek, CA
Gary H. Schatsky, JD
David C. Judge, MD
Craig M. Wax, DO
IFC Personal Money Managers New York City
Internal Medicine
Cambridge, MA
Family Medicine
Mullica Hill, NJ
Schiller Law Associates Norristown, PA
David J. Schiller, JD
Edward A. Slott, CPA
E. Slott & Co. Rockville Centre, NY
HEALTH LAW & MALPRACTICE
Barry B. Cepelewicz, MD, JD
Jeffrey M. Kagan, MD
Garfunkel Wild, PC Stamford, CT
Internal Medicine
Newington, CT
Wheeler Trigg Kennedy, LLP Denver, CO
John M. Fitzpatrick, JD
Alice G. Gosfield, JD
Alice G. Gosfield and Associates
Philadelphia, PA
James Lewis Griffith Sr., JD
Fox Rothschild Philadelphia, PA
Lee J. Johnson, JD
ask us
Have a question for our advisers? Email your question to [email protected].
MedicalEconomics. com
Mount Kisco, NY
Lawrence W. Vernaglia, JD, MPH
Foley & Lardner, LLP Boston, MA
MEDICAL ECONOMICS ❚ APRIL 10, 2015
11
from the
Trenches
Whatever future shape and direction the ABIM and the other
primary care specialties take on, doctors must include rigid
safegurards to protect their professionalism. Lacking them,
the risk is great that after a grace period the ABIM will resume its
aristoractic airs and promote its influence...to control doctors.
Edward Volpintesta, MD, BETHEL, CONNECTICUT
ABIM MUST CHANGE ITS
APPROACH TO MOC
For “about face” to have meaning that will
help doctors and will heal the bitter feelings that for too long have festered will
require extensive changes in the philosophy of MOC (maintenance of certificaiton) and the modus operandi of the leadership of the American Board of Medical
Specialties: (“ABIM does about-face on changes to MOC” (Medical Economics eConsult,
February 4, 2015).
To begin with, after passing their initial
board exams doctors should never lose their
certification and become decertified. That
this has happened is clear evidence of how
even the very organizations that are supposed to help doctors can lose their focus
and be harmful.
The implications and uncertainty over
MOC have undermined physicians’ peace
of mind for far too long. Being exploited and
treated with indifference has made many
doctors lose faith in the ABIM to treat them
fairly. It will take years and positive action to
restore the faith that has been lost. Without
it future success and acceptance are impossible.
To show their commitment to rapprochement with the medical community, the primary care boards (internal medicine, family
medicine and pediatrics) would do well to
allow anyone who has failed their last recer-
12
MEDICAL ECONOMICS ❚ APRIL 10, 2015
tification to retake them free of charge.
Whatever future shape and direction
the ABIM and the other primary care specialties take on, doctors must include rigid
safeguards to protect their professionalism.
Lacking them, the risk is great that after a
grace period the ABIM will resume its aristocratic airs and promote its influence with the
public, state medical boards, the Federation
of State Medical Boards, hospitals, and medical societies to control doctors.
The primary care specialties (internal
medicine, family medicine and pediatrics)
require special attention because many primary care doctors, after finishing training
and passing their initial boards, tailor their
practices to the demographics of their communities and the availability of specialist
care. As a result no one knows better than
they which areas of they need to update their
knowledge in. They should be allowed to
choose their own updating.
It will be interesting to see what the future
of MOC will look like. Right now it is still an
ugly duckling.
Edward Volpintesta, MD
BETHEL, CONNECTICUT
REGULATORY BARRIERS
HINDER GOOD PATIENT CARE
Regarding the letters in your February 10,
2015 issue concerning medical malpractice:
MedicalEconomics. com
from the Trenches
Regulators and third-party payers never
were, and never will be, the experts
who best define necessary medical
care, let alone preventive measures. Those
issues are best addressed within caring
relationships and with the support of those
with the knowledge, experience, and interest
in serving all their fellows.
J. Kimber Rotchford, MD, MPH, PORT TOWNSEND, WASHINGTON
Discussions of defensive medicine and malpractice costs are important. But they can
deflect our attention from more important
barriers to cost-effective medical care. To
the point, regulatory liabilities and our payment system are the most important barriers to cost-effective medical and preventive
services.
Providers are threatened with criminal
charges if billing errors occur. In Washington State Medicaid recently settled with a
large non-profit organization for $3.65 million over Medicaid billings.The non-profit
involved has a long history of providing essential cost-effective medical and preventive
services.
There are complexities and controversies
in billing codes and documentation. Honest mistakes happen. What’s more, billing
and documentation often do not accurately
reflect the nature of services provided. It
seems to not matter whether services, even
life-preserving ones, are effectively provided. What matters most to third parties and
regulators is who provided the service and
whether the bill was properly coded and
documented.
Another example of regulatory concerns
is found in the drug enforcement administration. Secondary to their involvement in
medical care, I think appropriate medical
care is compromised more than protected.
The public health implications are huge. Physicians and the public benefit from oversight
MedicalEconomics. com
regarding professional behavior. As to the
rest, I wonder?
Regulatory concerns are likely secondary
to how the system reimburses care. The likelihood of getting an x-ray even before seeing
the physician is not simply an issue of malpractice concerns. The real driver is what
third parties pay for.
Imaging, laboratory procedures, and other diagnostic or therapeutic procedures are
clearly where the money is. Procedures subsidize essential clinical care. Even charting
is most often about what it takes to get paid
or avoid liabilities rather than cost-effective
outcomes.
Regulators and third-party payers never
were, and never will be, the experts who best
define necessary medical care, let alone preventive measures. Those issues are best addressed within caring relationships and with
the support of those with the knowledge, experience, and interest in serving all their fellows, including the poor and disenfranchised.
Team approaches are best and the rules
of the game demand the best clinical and
public health expertise. They also encourage
promising innovations.
The best and most cost-effective medical
care cannot be reduced to billing codes, chart
notes, and reimbursement schedules. We all
know this.
TELL US
[email protected]
Or mail to:
Letters Editor,
Medical Economics,
24950 Country Club
Boulevard, Suite 200, North
Olmsted, Ohio 44070.
Include your address and
daytime phone number.
Letters may be edited for length and
style. Unless you specify otherwise, we’ll
assume your letter is for publication.
Submission of a letter or e-mail
constitutes permission for Medical
Economics, its licensees, and its assignees
to use it in the journal’s various print and
electronic publications and in collections,
revisions, and any other form of media.
J. Kimber Rotchford, MD, MPH
PORT TOWNSEND, WASHINGTON
MEDICAL ECONOMICS ❚ APRIL 10, 2015
13
theVitals
STUDY: 9% OF
PHYSICIANS
SAY THEY
WILL NEVER
USE AN EHR
Electronic health records
(EHR) use has steadily
increased among officebased physicians, but
new studies indicate that
the number of physicians
who don’t or plan to
participate is substantial.
A new study conducted
by Mathematica Policy
Research and published
in the Annals of Internal
Medicine seeks to reveal
more information about
those physicians to
understand better why
they don’t participate.
In 2011, 44% of
those polled had an EHR
system that met basic
criteria, with another
19% adopting basic EHR
systems between 2011
and 2013.
By 2013, 20% more
were in process of
implementation, and
another 8% planned
implementation within
the next two years,
according to the report.
Nine percent had no plans
to adopt an EHR system.
That 9% consisted mostly
of older physicians and
those most likely to
work in independent
or solo practices. Most
non-adopters also used
fee-for-service as their
primary compensation
model.
16
Examining the News Affecting
the Business of Medicine
MEDICAL SOCIETIES
CMS needs ICD-10
contingency plan
The American Medical Association
(AMA) and dozens of other physician
advocacy groups have written a joint
letter to express concern to the U.S.
Centers for Medicare and Medicaid
Services (CMS) that its ICD-10
“contingency plans may be inadequate
if serious disruptions occur on or after
October 1,” the day of the transition.
“Physicians are being asked to assume
this signficant change at the same time
they are being required to adopt new
technology, re-engineer workflow, and
reform the way they deliver care,” the
letter reads.
The advocacy groups’ concerns fall
into three areas: claims testing, impact
on quality measurements and risk
mitigation from disruptions related to the
coding transition.
Physician solutions about ICD-10 transition issues
Testing
CMS should release more
detailed end-to-end testing
results broken out by the
type and size of providers
who tested, number of
claims tested by each
submitter, percentage of
claims
successfully processed,
and specific details about
problems encountered.
MEDICAL ECONOMICS ❚ APRIL 10, 2015
Quality measurement
CMS should provide
details on how it plans to
ensure that the measure
calculations for the
Physician Quality Reporting
System and meaningful use
programs are not adversely
impacted by the transition
to ICD-10.
Risk mitigation
CMS can mitigate risks
of payment disruptions
by granting “advance
payments” to physicians
experiencing dire financial
hardship as a result of
changing to ICD-10.
Read the full letter: http://bit.ly/1ENLP66
MedicalEconomics. com
theVitals
Next-generation ACO offers higher risk,
but more potential rewards
A NEXT-GENERATION
accountable care
organization (ACO) model
that encourages greater
coordination between
providers and beneficiaries
has been launched by the
U.S. Department of Health
and Human Services
(HHS).
The new model is
linked to HHS’ intention,
announced on January 26,
to shift 50% of provider
payments into alternative
payment arrangements
such as ACOs by 2018.
ACOs are provider-led
groups in which payments
are linked to quality
improvements for a defined
population. If providers
reduce expected spending
while meeting quality
metrics, they receive a
portion of the savings.
In certain models, they
are also liable for losses if
benchmarks aren’t met.
The “Next Generation”
ACO model carries more
risk for participants than
HHS’ Shared Savings ACO
and Pioneer ACO, but the
Sylvia M. Burwell.
“This model is
part of our larger
effort to set clear,
measurable goals
and a timeline to
move the Medicare
program -- and the
health care system
at large -- toward
paying providers
based on the
quality, rather than
the quantity of care
— HHS SECRETARY SYLVIA M. BURWELL
they give patients.”
According to
the Centers for
Medicare and
Medicaid Services
(CMS), the model
will consist of three initial
potential rewards are also
performance years and
higher.
two optional one-year
“The Next Generation
extensions, two risk
ACO Model is one
tracks and four payment
of many innovative
mechanisms. One track
payment and care
will put the ACOs at
delivery models created
near 100% risk. Patients
under the Affordable
enrolled in the model will
Care Act, and is an
have more control over
important step towards
their healthcare, see no
advancing models of care
change in benefits, and
that reward value over
“keep their freedom” to see
volume in care delivery,”
any Medicare provider.
said HHS Secretary
“The Next Generation
ACO Model is ... an
important step towards
advancing models of
care that reward value
over volume in care
delivery.”
HOW TO JOIN
CMS will accept ACOs into the Next Generation
ACO Model through two rounds of applications
in 2015 and 2016, with participation expected to
last up to five years.
For round one consideration, interested
organizations must submit a letter of intent
no later than 11:59p.m. EDT on May 1, 2015.
Round one applications must be submitted
electronically no later than 11:59p.m. EDT on
June 1, 2015.
Round two Letters of Intent and applications
will be made available in March 2016. The
round two Letter of Intent must be submitted
electronically no later than 11:59p.m. EDT on
May 1, 2016, and the application no later than
11:59p.m. EDT on June 1, 2016.
MORE ONLINE Visit CMS for more info on how to submit: http://1.usa.gov/1HwHXGh
MedicalEconomics. com
ARE EHR
VENDORS
HOLDING PATIENT
DATA ‘HOSTAGE’?
When the Health
Information Technology
for Economic and Clinical
Health (HITECH) Act
created the Meaningful
Use Incentive Program,
it was a well-meaning
move toward obtaining
the complete medical
histories of patients
efficiently and costeffectively.
But one major
oversight in the creation
of the requirement to
use electronic health
records (EHR) systems
is that, while it was
intended, the law never
specified how systems
should be interoperable
to enable data exchange.
Niam Yaraghi,
Ph.D., a fellow at the
Brookings Institution
Center for Technology
Innovation, writes in a
new blog post that EHR
vendors have taken
patient data “hostage.”
That’s because even
though it was the
intended second step to
EHR implementation,
vendors are claiming
that their systems can’t
be interoperable without
making costly fixes to
technical problems.
“This prevents
physicians from sharing
their patient records
with other doctors,”
Yaraghi says. “The
vendors are proposing
hefty charges to allow
data sharing between
their own customers.”
MEDICAL ECONOMICS ❚ APRIL 10, 2015
17
SPECIAL
R EPORT
Medical Economics is proud to unveil the second-place entry in our 2015 Physician
Writing Contest. We believe the three winning essays exemplify what connecting with
your patients is truly about, and demonstrate the levels of heart, determination, and
empathy you strive to bring into every exam room, every day. Thanks for reading.
To care always
SECOND PLACE
WINNER
Kenneth Moon, MD
is a family physician who
lives in Silver Spring,
Maryland.
I
s it bad?”
Of all the questions
to be asked, that is certainly one of the worst,
particularly when you’re
a junior resident on
Christmas Eve, and you know that, in fact,
it is. Yet there he was, gently tugging at my
sleeve from his hospital bed, voice held low
so his wife across the room would not hear.
And there I was, leaning over him, poised to
move his St. Christopher medal so I could
listen to his heart.
I could have evaded it, avoided the responsibility and said we should wait to hear
what the consultants would say. But we had
already discussed it, in advance of the family
meeting that would be starting any minute.
And here was Mr. Davis, my patient, asking
for an honest answer, and I knew what it
must have cost this silent, stoic man to ask
that simple, terrifying question. “Yes,” I said
quietly. “I’m sorry.”
He nodded, and fell silent. Lying there in
bed, he looked well enough, so long as you
didn’t ask him to stand without his wife’s
and daughter’s help, and if you ignored the
plastic tubing emerging from his upper abdomen. The drain had relieved his itching
and the yellowed tint of his skin, but would
not fix the baseball-sized mass nestled with-
in the head of his pancreas. The family meeting was to discuss what could next be done.
Unfortunately however, it seemed that there
would be very little to offer.
The rest of the team arrived: the other
residents and the attending, followed by the
gastroenterologist and the oncologist. Earlier that morning we had scrutinized his imaging and testing, and had agreed that this
was not something that he could survive.
But now, as the talk moved past the test results, to the concern for advanced pancreatic cancer, to the treatment options, the real
issue of prognosis seemed to have been left
behind.
The consultants were good physicians,
and they had the best intentions, but no
mention was made of his inevitable decline and the final outcome, or of ensuring
the quality of the time he had left. Instead,
the conversation focused on the need for
additional testing before deciding on the
best treatment plan, behind which lay the
unspoken yet implied promise of a cure. In
the back of the room, I frowned to myself.
Could I have misunderstood our earlier
discussions? Could Mr. Davis actually have
a fighting chance? It now sounded as if the
outcome was not so certain after all. And if I,
who should have known better, was left with
that impression, what must Mr. Davis and
S U P P O R T E D BY
18
MEDICAL ECONOMICS ❚ APRIL 10, 2015
MedicalEconomics. com
2015 Physician writing contest
his family think?
The patient and his family listened, but
didn’t have many questions. As the meeting ended, I excused myself and hurried out
after the exiting consultants. I caught up
with one of them at the charting station as
he was writing his note.
“Excuse me,” I said, “back there it sounded like you felt that he had a pretty good
chance of coming through this. Do you actually think that he might be okay?”
He snorted. “No. He’s going to die.” He finished his note and walked off, adding, “He’ll
be lucky if he lasts six months.”
I was still standing there as the rest of the
team emerged from Mr. Davis’s room. The attending and senior resident began planning
the next steps, while the junior residents
silently waited for their instructions. Between arranging for biopsies and additional
imaging, and when any actual treatment
might begin, it looked as if Mr. Davis could
expect to be in the hospital for quite some
time, especially given the holiday season.
They were still hammering out the details
when someone interrupted them.
“We should send him home.”
I hadn’t really meant to speak, but there
it was. The attending and senior resident
stopped and turned towards me, surprise on
their faces. There was no turning back.
“It’s Christmas Eve. And tomorrow’s not
only Christmas, it’s Saturday. When do we
think these tests will actually get done?”
No one answered, but they didn’t need to.
We all knew the chances of getting tests and
studies done around holidays or long weekends.
I looked around at the team. “We can’t fix
this. And this is his last Christmas. Spending
it in the hospital, waiting to get testing done,
won’t get them done any faster. I say we send
him home, let him spend Christmas with his
family, then bring him back next week to get
the tests done. “
My words seemed to freeze in the air. I
MedicalEconomics. com
SPECIAL REPORT
No one chooses medicine out of a
desire to hurt others. But sometimes,
our desire to prevent suffering may actually
have the opposite effect if we forget that the
scope of our patients’ lives consists of more
than their medical ailments.”
had just recommended a plan that I had
never heard anyone propose during my
short medical career, much less actually
order. The attending continued staring, and
I felt my career fading away into the silence.
At last, the attending spoke. “Let’s do it,”
he said.
Within a few hours, he was on his way
home. He returned the next week as planned,
had the additional tests done, and then went
home again. He died at home, about a month
later, surrounded by his family.
I still think about how, ultimately, we
had very nearly failed him. No one chooses
medicine out of a desire to hurt others. But
sometimes, our desire to prevent suffering
actually may have the opposite effect if we
forget that the scope of our patient’s lives
consists of more than their medical ailments. Over two thousand years ago, Hippocrates is supposed to have said: “To cure,
sometimes; to help, often; to care, always.” I
suppose that even today, we have to accept
that sometimes one out of three isn’t so bad
after all.
CO M IN G
N EXT
ISSU E
Medical Economics unveils the
third-place entry in the April 25 issue:
“From the other side”
BY RASHMEE PATIL, MD
“As I move forward in my career as a physician, I am forever
changed by my experience. I approach my patients now with
more compassion and less judgment.”
MEDICAL ECONOMICS ❚ APRIL 10, 2015
19
Clinical Economics
Allergic Rhinitis
Key coding considerations
he Asthma and Allergy Foundation of America
estimates that 50 million Americans suffer
from allergic rhinitis, which includes hay fever
and seasonal or perennial indoor/outdoor nasal allergies. These conditions are thought to
affect up to 30% of adults and 40% of children,
according to reports from the American College of Asthma Allergy & Immunology. This
represents a marked increase over past decades; in the
1940s, hay fever was estimated to affect only 1% of the U. S.
population.
Hay fever is the fifth-leading chronic disease for adults and
a significant cause of work absenteeism, resulting in nearly
four million missed workdays each year at a cost of over $700
million in lost productivity. In addition, hay fever results in
significant presenteeism, with poor performance while at
work due either to the symptoms of the condition itself or the
effects of medication used to treat those symptoms.
Overall, allergies are responsible for nearly $14.5 billion
in medical costs each year. More than 11 million outpatient
office visits occur annually to address allergy, primarily
in the spring and fall. What these statistics fail to show is
the significant effect allergies can have on many patients’
quality of life, given that allergy symptoms can have a greater impact even than diseases such as asthma.
Despite the burden associated with allergic symptoms,
studies have shown that only a small percentage of patients
actually seek medical advice regarding treatment. A review
of data from the National Medical Expenditure Survey found
that only 12.4% of patients with allergic rhinitis visited their
physician to manage the condition, while others used home
Continued on page 24
Annual outpatient office visits:
11
MILLION
to address allergy, primarily
in the spring and fall.
Overall annual medical cost of allergies:
$
14.5
BILLION
HAY FEVER Work absenteeism
4
MILLION
missed workdays each year
with a total cost of
$700
MILLION
OVERVIEW
PAGE 25
MORE THAN
PAGE 24
MORE THAN
Patient management tips
NEARLY
Overview
in lost productivity
PATIENT MANAGEMENT TIPS SEE PAGE 24
Evaluate effectiveness
Define allergy triggers
Individualize a treatment plan and educate accordingly
Optimize allergen and self-management techniques
Establish regular follow-up appointments
Know when to refer
Providing effective, efficient
counseling on management and
medication is key to helping patients
manage their seasonal symptoms.
Source: American College of Asthma Allergy & Immunology
MedicalEconomics. com
MEDICAL ECONOMICS ❚ APRIL 10, 2015
23
Clinical Economics: Allergic Rhinitis
Continued from page 23
remedies or over-the-counter medications. Even with these attempts at
treatment, about 50% of patients with
allergic rhinitis report symptoms lasting more than four months per year,
and 20% have symptoms lasting at least
PATIENT MANAGEMENT TIPS
Evaluate effectively. A complete history
will help clarify the patient’s chief concerns and symptoms, including symptom triggers, seasonality, and chronicity;
environmental, home, and occupational
exposure; and current coexisting conditions and medications. Specifically, asking patients about pollen and animal exposure can have positive predictive value
for diagnosing allergic rhinitis.
It is also important to establish how
symptoms affect a patient’s quality of
life. Nasal examination, while important to supporting a diagnosis of allergic
rhinitis, is not necessarily sufficient by
itself to defining the condition. Perform
a physical examination of all organ systems that may be affected by allergies,
especially the lower respiratory tract.
It is also important to ask about the
presence of comorbidities and other
related conditions during the patient
examination. Patient issues commonly
associated with allergic rhinitis can
include asthma, sleep disturbances, sinusitis, otitis media, ocular symptoms,
abnormal breathing patterns that can
alter facial growth in children, and effects on cognitive function that can
manifest as falling school grades during
allergy season.
Define allergy triggers. Identifying a patient’s allergy triggers provides crucial
information for successful management. Common triggers of allergic rhinitis include animals, dust mites, fungi,
insect emanations, and pollens.
Pollen types can vary widely based on climate and locale, and fungi are ubiquitous
organisms that can produce clinically
significant allergens. Therefore, patient education regarding avoidance of
24
MEDICAL ECONOMICS ❚ APRIL 10, 2015
Overview Patient management tips Key coding considerations
nine months.
Clinicians play an important role in
helping patients alleviate their allergy
symptoms. “While there is no cure for
grass pollen allergies, they can be managed through treatment and avoiding
exposure to the pollen,” says Karen
Midthun, MD, director of the U.S. Food
and Drug Administration’s Center for
Biologics Evaluation and Research.
Thus, effective, efficient patient counseling on management and medication
is key to managing patients’ seasonal
symptoms.
PATIENT EDUCATION RESOURCES
lergic rhinitis that does not respond to
other forms of treatment.
American Academy of Allergy Asthma
& Immunology:
Outdoor allergens bit.ly/1BzDnEX
Harvard Medical School:
Patient education center bit.ly/18DLdD7
Mayo Clinic:
Seasonal allergies mayocl.in/1oyrNB3
established allergic triggers is essential.
Individualize a treatment plan and educate
accordingly. Successful management of
allergic rhinitis typically requires a combination of allergen avoidance, patient
education, pharmacotherapy, and possibly immunotherapy. Patient management and monitoring should be individualized based on reported symptoms,
physical examination, comorbidities,
and patient age and preferences.
A strong physician/patient/family partnership will provide the most
effective framework for treatment success, and education is a key element in
facilitating adherence and optimizing
treatment outcomes. Patients should
understand how to avoid environmental triggers, as well as the appropriate
use of over-the-counter or prescription
medications. Pharmacological management often requires a step-up approach
when therapy is inadequate for symptom control, or a step-down approach
when symptom relief is achieved.
Therefore, clinicians and families
should agree as to when escalation or
de-escalation of therapy is appropriate.
Targeted immunotherapy may be necessary for symptom control in patients
with moderate or severe persistent al-
Optimize allergen and self-management
techniques. Patients with allergic rhinitis should avoid known allergic triggers
such as pets, as well as general respiratory irritants such as cigarette smoke,
perfumes, and paint fumes. Nasal irrigation with saline can be a beneficial selfmanagement technique for alleviating
symptoms, and may be used alone or as
adjuvant therapy.
Some suggestions for controlling exposure to specific allergens include:
Animals: avoid contact
Dust mites: use dust covers for bedding, control
humidity, vacuum carpets frequently, use high
efficiency particulate (HEPA) filters.
Indoor fungi: remove sources of moisture, replace
contaminated materials, use diluted bleach
solution to clean nonporous surfaces
Pollen: limit time outdoors when pollen counts
are high
Tobacco smoke and other irritants: minimize
exposure
Establish regular follow-up appointments.
Consistent follow-up can allow for
timely recognition of complications, increase therapeutic success, and improve
compliance. Follow-up visits also facilitate regular review of a patient’s treatment plan so that it can be modified as
necessary based on symptom control
and quality of life.
Know when to refer. Referral to an allergist/immunologist can be helpful when
there is a need to identify more specifically the allergens affecting a patient so
that stricter environmental control can
be achieved.
Additionally, specialist consultation
may be necessary when patients with
MedicalEconomics. com
Clinical Economics: Allergic Rhinitis
allergic rhinitis have inadequately controlled symptoms, report a decrease
in quality of life, or experience reduced
ability to function. Additional reasons
to refer include adverse reactions to
medications, the presence of comorbid
conditions such as asthma or recurrent
sinusitis, or when immunotherapy is being considered as a treatment option.
—Written by Nicole Klemas, ELS
—Reviewed by Phil Lieberman, MD
Allergy & Asthma Care, Germantown, Tennessee
KEY CODING
CONSIDERATIONS
The current procedural terminology
guidelines state that you should code
signs and symptoms when a definitive
diagnosis has not been confirmed.
Therefore, you will need to document and code the signs and symptoms
that a patient presents with at his/her
visit. Common diagnosis codes for allergy-related signs and symptoms include
those listed below. You should also assign the appropriate E-code(s) for any
external causes that can be identified.
Before choosing the treatment that
best suits your patient, there are several types of tests that can help determine what the patient is allergic to,
including:
❚ Antibody testing (86000-86063),
❚ Challenge ingestion testing
(95076-95079), and/or
❚ Allergy tests (95004-95071).
After running one or more of these
tests, you should be able to assign the
definitive diagnosis(es). Those specific
to allergies are listed elsewhere on the
page. Keep in mind that once a definitive diagnosis has been confirmed, you
should no longer bill the sign and/or
symptom of that diagnosis.
—Written by Renee Dowling
MORE CLINICAL ECONOMICS ONLINE
For more information on patient
management and coding tips for
different conditions, visit:
http://www.modernmedicine.com/tag/
clinical-economics
MedicalEconomics. com
Overview Patient management tips Key coding considerations
Symptom and condition codes
ICD-9 Code Description
379.92
478.0
478.19
564.89
729.81
780.79
781.1
782.0
782.1
782.2
782.9
784.2
784.91
784.99
786.07
786.09
786.2
799.22
ICD-10 Code Description
Swelling or mass of eye
H57.8
Hypertrophy of nasal turbinates J34.3
Other diseases of nasal cavity J34.89
and sinuses
J34.9
Other functional disorders of
intestine
Swelling of limb
Other malaise and fatigue
R09.81
K59.8
M79.89
R53.81
R53.83
Disturbances of sensation of
R43.8
smell and taste
R43.9
Disturbance of skin sensation R20.8
R20.9
Rash and other nonspecific skin R21
eruption
Localized superficial swelling, R22.0 mass, or lump
R22.9
Other symptoms involving skin R23.8
and integumentary tissues
R23.9
Swelling, mass, or lump in head R22.0
and neck
R22.1
Postnasal drip
R09.82
Other symptoms involing head R06.7
and neck
R06.89
Wheezing
R06.2
Other dyspnea and respiratory R06.00
abnormalities
R06.09
R06.3
R06.89
Cough
R05
Irritability
R45.4
Other specified disorders of eye and adnexa
Hypertrophy of nasal turbinates
Other specified disorders of nose and nasal
sinuses
Unspecified disorder of nose and nasal
sinuses
Nasal congestion
Other specified functional intestinal
disorders
Other specified soft tissue disorders
Other malaise
Other fatigue
Other disturbances of smell and taste
Unspecified disturbances of smell and taste
Other disturbances of skin sensation
Unspecified disturbances of skin sensation
Rash and other nonspecific skin eruption
Localized swelling, mass and lump
Other skin changes
Unspecified skin changes
Localized swelling, mass and lump, head
Localized swelling, mass and lump, neck
Postnasal drip
Sneezing
Other abnormalities of breathing
Wheezing
Dyspnea, unspecified
Other forms of dyspnea
Periodic breathing
Other abnormalities of breathing
Cough
Irritability and anger
Coding for allergic rhinitis
ICD-9 Code Description
ICD-10 Code Description
477.0
477.1
477.2
J30.1
J30.5
J30.81
477.8
477.9
995.3
Allergic rhinitis due to pollen
Allergic rhinitis due to food
Allergic rhinitis due to animal
(cat)(dog) hair and dander
Allergic rhinitis due to other
allergen
Allergic rhinitis, cause
unspecified
Allergy, unspecified not
elsewhere classified
Allergic rhinitis due to pollen
Allergic rhinitis due to food
Allergic rhinitis due to animal (cat) (dog)
hair and dander
J30.2
Other seasonal allergic rhinitis
J30.89
Other allergic rhinitis
J30.0
Vasomotor rhinitis
J30.9
Allergic rhinitis, unspecified
T78.40XA Allergy, unspecified, initial encounter
MEDICAL ECONOMICS ❚ APRIL 10, 2015
25
IN DEPTH
Cover Story
High-value care
STRATEGIES
Guiding patient conversations to optimize care, reduce costs
HIGHLIGHTS
01 Providing high-value
care centers on the two-way
conversation and relationship
between physician and
patient.
26
THE PUSH IS ON FOR PHYSICIANS to embrace the concept of high-value care, providing patients with appropriate treatment
while avoiding wasteful or unnecessary
tests. But high-value care requires physicians to navigate many pitfalls, including
lack of time to talk with patients and malpractice pressures.
After years of being told about the importance of lowering blood sugar levels, it can
seem a bit jarring for older patients to learn
that they don’t need to be quite so vigilant,
says David Shute, MD, a Portland, Oregon
internist.
So Shute tells his patients that this new
approach, which no longer pushes most
adults ages 65 and older to achieve A1c
levels below 7.5%, comes from the American Geriatrics Society. He explains that the
MEDICAL ECONOMICS ❚ APRIL 10, 2015
professional group has determined that the
hypoglycemia risk outweighs the benefits of
such tight control. Its backing, he says, “is
actually very helpful in terms of me reeducating a patient and getting them confident
in going down that road.”
That blood sugar guidance is one of more
than 300 medical recommendations developed through the American Board of Internal Medicine Foundation’s Choosing Wisely
campaign, part of a broader and burgeoning
national discussion surrounding high health
costs and the most appropriate medical care.
As much as $750 billion annually, or 30% of
healthcare spending, can be attributed to unnecessary care and other wasteful spending,
including fraud, according to a frequently
cited 2012 Institute of Medicine report.
From federal officials to professional
MedicalEconomics. com
Getty Images/iStock/360/marigold_88
by CHAR LOTTE H U FF Contributing author
High-value care
groups, the distinction is being drawn increasingly between what’s dubbed—depending on the jargon involved—low- and
high-value (or quality) care.
Cost-effectiveness efforts lie at the heart
of Medicare’s Shared Savings Program, as
well as numerous other guidelines and
initiatives. To date, the Choosing Wisely
campaign has compiled at least 365 recommendations, issued by 66 medical societies.
Also in recent years, the American College of
Physicians has been pursuing a high-value
care initiative, with related publications and
tools built around the twin goals of providing optimal and reducing unnecessary costs.
Meanwhile, both primary care physicians
and specialists face practical and emotional
pressures, including scant time to flesh out
treatment options, an interest in preserving
the doctor-patient relationship and malpractice pressures, among others. One recent study in the journal Neurosurgery found
that neurosurgeons were 50% more likely to
practice defensive medicine in states considered to have a high-risk versus a low-risk
liability environment.
Some technology-related solutions, via
electronic health records, are being implemented in the hopes of steering doctors
away from low-value care. Even so, the heart
of the decision involves a two-way conversation and relationship, says Harry Gewanter,
MD, a pediatric rheumatologist in Richmond, Virginia.
A common scenario in his office: parents
concerned that Lyme disease might be the
source of their child’s aches and pains. Gewanter will explain why a test is not recommended, given the lack of any red flag symptoms or exposure, and that the subject can
be revisited if symptoms persist.
Frequently he’s successful. But he’s also
gone ahead and ordered the test.
“Sometimes you are going to do something that you may not exactly agree with,
but you know for that family it’s a very important issue,” Gewanter says. “If ordering a
lab test is going to lower everybody’s stomach acid and help keep them from going to
another doctor and another doctor and another doctor, then you do it.”
DEFINING VALUE
At the heart of this evolving discussion is
what constitutes value: to what degree should
the cost of care, rather than clinical evidence
MedicalEconomics. com
Low-value treatments to watch out for
1 Imaging for low back pain
Avoid imaging for low-back pain within the first six weeks unless certain red flags are
present, including severe or progressive neurological deficits. Imaging for low back pain does
improve outcomes but increases costs.
2 Antibiotics for sinusitis
Do not routinely prescribe antibiotics for acute mild-to-moderate sinusitis unless symptoms
last for seven or more days, or symptoms grow worse after initial improvement. Most
sinusitis in ambulatory care is due to viral infection, but accounts for 16 million office visits
annually and $5.8 billion in healthcare costs.
3 EKGs for low-risk patients
There is little evidences that detecting coronary artery stenosis in asymptomatic patients at
low risk for coronary heart disease improves health outcomes, and false-positive tests can
lead to unnecessary invasive procedures, over-treatment and misdiagnosis.
4 Pre-operative chest radiography
Unless cardiopulmonary symptoms are present, pre-operative chest radiography rarely
provides any meaningful changes in patient management or outcomes.
5 Pap smears on women younger than 21
Most observed abnormalities in adolescents regress spontaneously, so Pap smears for
teenagers can lead to unnecessary anxiety, testing and healthcare costs.
6 Routine PSA testing
Convincing evidence exists that prostate-specific antigen (PSA) testing leads to substantial
over-diagnosis of prostate tumors. Physicians should not order PSA screening unless
prepared to engage the patient in shared-decision making that enables an informed choice.
7 Pelvic exams for oral contraceptives
Data do not support performing a pelvic or breast exam before prescribing oral
contraceptives. These medications can be safely prescribed based on medical history and
blood pressure measurements.
8 CAS screening
Good evidence exists that the harm of screening for carotid artery stenosis outweighs the
benefits in adult patients with no symptoms. Screening can lead to unnecessary surgery and
health complications.
Sources; Choosing Wisely, American College of Physicians, American Academy of Family Physicians
MEDICAL ECONOMICS ❚ APRIL 10, 2015
27
High-value care
WE’VE ALL BEEN SORT OF SCARRED BY THESE VERY RARE,
CONTENTIOUS ENCOUNTERS WITH PATIENTS WHO REALLY
WANT ANTIBIOTICS. WE OVERGENERALIZE THAT EXPERIENCE
TO ALL OF OUR PATIENTS.”
— JEFFREY LINDER, MD, MPH, GENERAL INTERNIST, BRIGHAM AND WOMEN’S HOSPITAL, BOSTON, MASSACHUSETTS
alone, be part of the equation? Shifting semantics complicate the issue, Gewanter says.
“People I think are using value and quality
and cost interchangeably,” he says.
Another factor: who is the judge? “The
problem with healthcare is that the value
is defined by the patient, not by me,” says
Kevin Bozic, MD, MBA, chairman of the
Council on Research and Quality at the American Academy of Orthopaedic Surgeons.
Still, considerable opportunity exists for
cost-effective improvement, according to
findings from several recent studies:
❚ Despite repeated initiatives related to
antibiotic overprescribing, the percentage of
adults with sore throat getting the drug has
remained stable, at 60%, from 2000 to 2010,
according to findings published in JAMA Internal
Medicine. Yet only 10% of sore throats are
caused by group A Streptococcus.
❚ The use of expensive imaging tests (CT scan or
MRI) to assess headache symptoms jumped
significantly over a decade period, from 6.7%
of headache-related visits in 1999-2000 to
13.9% in 2009-2010, according to findings
in the Journal of General Internal Medicine. (The
American College of Radiology recommends
against imaging for uncomplicated headache,
saying incidental findings can lead to
additional procedures and expenses.)
❚ In a 2012 survey, 85% of 261 U.S. internal
medicine residency programs agreed that
medical education could play a role in
curtailing healthcare costs, according to results
published last year in JAMA Internal Medicine.
But just 15% of programs had developed a
cost-conscious curriculum; an additional 50%
were working on one.
The Choosing Wisely campaign, launched
by the non-profit foundation that’s affiliated
with the American Board of Internal Medicine, has been developing its recommenda-
28
MEDICAL ECONOMICS ❚ APRIL 10, 2015
tions based on clinical evidence rather than
the price tag, according to a spokesman.
Some of its primary care targets that have
been defined as low value: imaging studies
for non-specific and recent low back pain;
annual electrocardiograms for low-risk
patients without heart symptoms; routine
pre-operative testing for low-risk surgeries;
and annual checkups for adults not complaining of symptoms.
The recommendations are not absolutes,
but guidelines for initiating a conversation,
says Shute, who consults on the campaign. “It
leaves room for professional judgment and it
leaves room for some patient choice,” he says.
Imaging and related services in particular are frequently cited on the Choosing Wisely lists, according to a 2014 analysis in the New England Journal of Medicine
that analyzed recommendations from the
first 25 medical groups. Half involved either radiology or cardiac testing, while the
remainder concerned medications (21%),
laboratory or pathology tests (12%) or other
services (18%).
Another trend, cited by the 2014 NEJM
analysis, is that medical groups tend to
name services as low-value if they fall outside their own specialty’s purview. Primary
care groups tend not to cite cognitive services as low value, with the notable exception of discouraging the annual physical,
the researchers wrote. They also called out
the American Academy of Orthopaedic Surgeons for not including any major surgeries
and only one minor procedure in its list of
five recommendations.
In a statement issued following the NEJM
analysis, the medical organization defended
its choices, noting that its advice to limit the
use of glucosamine and chondroitin for joint
relief targeted spending that exceeds $2 billion annually. One challenge in
developing the recommenda-
30
MedicalEconomics. com
Make a successful transition to ICD-10 now with Kareo.
Change can be hard. In some cases, ridiculously so. Our ICD-10 100% Success Plan
helps you transition your private practice as quickly as possible. We’re the ones you
can trust for a complete ICD-10 plan, fully integrated medical software and services,
and a team dedicated to your success. Don’t wait until October 1. Prepare now, with
your partner, Kareo, at 866-231-2871 or kareo.com/icd-10.
High-value care
FOR PHYSICIANS TO MAINTAIN THEIR COMMITMENT
TO THE PATIENT’S BEST INTERESTS, IT REQUIRES
CONVERSATIONS TO BE HAD VERY CAREFULLY.”
— MATTHEW DECAMP, MD, PHD, INTERNIST, ASSISTANT PROFESSOR,
THE JOHN HOPKINS BERMAN INSTITUTE OF BIOETHICS, BALTIMORE, MARYLAND.
28
tions was the limited number of higher-quality studies
available, says Bozic, who chairs the group’s
Council on Research and Quality.
Bozic also expresses a broader critique of
what he views as the absolutist approach of
such lists of treatments to avoid. “That’s the
old-fashioned paternalistic view—that I’m
the doctor and I know what’s best,” he says.
Instead, patients should be given more
nuanced information—Bozic points to a
battery of clinical guidelines on the AAOS
website—that allows them to sort through
the matrix of options and costs. A patient
might decide to try a procedure deemed of
more limited value if he or she has exhausted other treatments, he says.
NAVIGATING CONVERSATIONS
As doctors initiate these sorts of conversations about value and relative necessity, they
should give their patients some credit until
proven otherwise, says Jeffrey Linder, MD,
MPH, a general internist at Boston’s Brigham
and Women’s Hospital and coauthor of the
JAMA Internal Medicine study on antibiotic
prescribing. Issues surrounding antibiotic
prescribing are a great example of this.
“We’ve all been sort of scarred by these
very rare, contentious encounters with
patients who really want antibiotics,” he
says. “We over-generalize that experience to
all of our patients.”
But the vast majority of patients primarily want reassurance that a more serious
infection hasn’t flared, as well as short-term
help with their respiratory miseries, Linder
says. Once the risks are explained, typically
they don’t want to take anything that won’t
help them, and could be potentially harmful,
he says.
Along those lines, Gewanter adopts a
two-stage approach. He explains why a patient’s symptoms don’t appear to be bacte-
30
MEDICAL ECONOMICS ❚ APRIL 10, 2015
rial in nature and he makes clear that the
patient can call his office in a few days if
symptoms change or worsen. For patients
he knows well, he might write a prescription
and ask them to fill it within 48 to 72 hours
if they develop a higher or unrelenting fever,
among other symptoms.
What he’s trying to avoid, Gewanter says,
is creating a communication breakdown
in which the next time a frustrated patient
might seek the antibiotics he or she desires
at a retail clinic or urgent care center. That
outcome results not only in potentially unnecessary tests and costs, but also the patient might not reveal having sought care
elsewhere if forced to return to Gewanter’s
office with diarrhea or some other side effect, he says.
Doctors who don’t have a long-term relationship with their patient face the challenge
of building trust quickly, says Christopher
Moriates, MD, a hospitalist at University of
California, San Francisco. “As there’s more
discontinuity in care, I think that’s one of the
reasons that it’s easier to order a test to reassure yourself and the patient because you
don’t know the patient and they don’t know
you.”
This is particularly challenging when public awareness hasn’t caught up with a change
in practice, Moriates says. He recalls one exchange with a patient who wanted a blood
transfusion, which he was accustomed to receiving during prior gastrointestinal bleeds.
Moriates told the patient that transfusions were no longer recommended by the
Society of Hospital Medicine for stable patients because they’ve been found to cause
adverse reactions. He told the patient—who,
he recalls, was sizing him up a bit—that his
gastrointestinal bleed was being followed
closely, appeared to be stabilizing, and was
not severe enough to require transfusions.
“He was definitely trying to figure out,
MedicalEconomics. com
High-value care
`Do I trust this person? Why are they telling me this? I know my experience from the
past. Why is this doctor telling me something different?’” Moriates recalls.
PRACTICE STRATEGIES
In discussing medical options with patients,
finding the balance between cost and quality is far from a new conversation, says Matthew DeCamp, MD, PhD, an internist and
assistant professor at the John Hopkins
Berman Institute of Bioethics in Baltimore.
What’s different is that there is a broader
cost-effectiveness focus across the health
system, such as by practices affiliated with
accountable care organizations, he says.
“For physicians to maintain their commitment to the patient’s best interests, it requires those conversations to be had very
carefully.”
THE GOALS OF
HIGH-VALUE CARE
1 Helping physicians to
provide the best possible
patient care.
2 Reducing unnecessary
costs to the healthcare
system
Being open with patients about the
heightened focus on higher-value care is
key, not just in individual conversations, but
also at he practice level, DeCamp says. One
approach might be to create related educational materials, highlighting the practice’s
values and criteria. A referral to a particular
cardiologist could be accompanied with details about how the doctor rates on quality
metrics, he says. A plan for treating lower
back pain could explain why physical therapy is preferred as the first step, before ordering an imaging test.
Building guidance into electronic health
record systems also holds potential for en-
MedicalEconomics. com
couraging broader changes in habits, says
Mitesh Patel, MD, an assistant professor of
medicine and health care management at
the University of Pennsylvania and an author on the recent JAMA Internal Medicine
study looking at cost-conscious curriculum.
In another study that Patel published
last year in the Annals of Internal Medicine,
he and his fellow researchers found that a
simple change in the default mechanism in
the health record could promote more generic prescribing. By changing the setting,
so that the generic option would be the first
one visible—the physician could always opt
out—generic use was significantly increased
for statins and beta-blockers.
Further efforts to incorporate appropriateness criteria for imaging into electronic systems also are gaining steam. In
2017 a law is slated to take effect requiring
doctors to consult physician-developed criteria when ordering advanced imaging tests
for Medicare patients.
The American College of Radiology already has developed a package of appropriate use criteria that as of press time included
149 guidelines involving more than 1,200 indications and clinical scenarios, according
to spokesman Shawn Farley. The details are
free when accessed online for educational
purposes. They can also be integrated into
a hospital’s electronic health record for a licensing fee.
“The intent is to help primary care physicians to choose the right tests and help them
do it quickly and safely for their patients,”
says Debra Monticciolo, MD, FACR, chair of
the American College of Radiology Quality
and Safety Commission. But Monticciolo,
who specializes in breast imaging, says that
patient preferences still come into play.
Take a patient discussion involving the
aspiration of a cyst in the breast, a procedure that Monticciolo performs hundreds
of times each year. When the fluid emerges
clear with no signs of blood, she shows it to
the patient and explains that the chances
are “virtually zero” that a pathology analysis
would find anything worrisome.
But, Monticciolo says: “I don’t want to
throw the fluid away unless the patient
feels comfortable.” A few times each year,
the patient will decide that she’d prefer to
pay the extra cost to allay any nagging worries. So Monticciolo sends the specimen to
the lab.
$750
BILLION
AMOUNT SPENT
ANNUALLY ON
UNNECCESSARY
CARE, OR 30% OF
ALL HEALTHCARE
PROVIDED IN A
GIVEN YEAR.
SOURCE: INSTITUTE OF MEDICINE
MEDICAL ECONOMICS ❚ APRIL 10, 2015
31
STARK LAWS
IN DEPTH
What physicians need to know about the ban on self-referrals. [40]
Managing conflict with patients
Effective communication is vital to managing
disagreements with patients to resolve tension
and prevent negative outcomes
by B ETH THOMAS H E RTZ Contributing author
HIGHLIGHTS
01 When discussing
sensitive matters with
patients, strive to maintain
a steady voice, use
terminology patients can
understand, and ensure they
understand what you have
told them before they leave.
02 Although it can be
time-consuming, asking
open-ended questions is
often the only way to get
to the heart of a patient’s
actual problems.
32
Saying no to a patient request can be a challenge.
Physicians strive to maintain good relationships
with patients, while not wanting to agree to
anything not medically indicated. While this
is certainly not a new problem, it is likely
expanding due to inaccurate information on the
Internet and direct-to-consumer advertising can
increase patient requests for specific things.
PATIENT ENCOUNTERS that often lead to
hard feelings can include denying a request
for narcotics or antibiotics that are not warranted, refusing a request for a prolonged
excuse from work, or declining to order
costly tests that are not needed.
Many experts say that good communication is the key to managing these encoun-
MEDICAL ECONOMICS ❚ APRIL 10, 2015
ters in a way that does not escalate into bad
feelings, anger, and poor patient outcomes.
1/ Diffusing the situation
David A. Fleming, MD, president of the
American College of Physicians, says he believes conflict occurs because
when the patient and physician
35
MedicalEconomics. com
Managing patient conflict
32
disagree, the patient feels vulnerable and distressed.
“We need to recognize the power differential that is present,” Fleming says.
“Patients are often fearful and uncomfortable and we need to help them work through
that.”
Fleming says he often knows when an encounter is going to lead to conflict, and he
follows a few guidelines to diffuse it.
First, always remain professional. “Address the patient respectfully. Don’t get reactive or respond in an emotional way,” he says.
Next, be empathetic and compassionate
but do not be swayed from solid decisionmaking, Fleming advises. Explain clearly the
evidence-based practice guidelines you are
following.
Third, support and inform the patient.
“Information can be powerful. Often conflict
arises because there is lack of communication about the information that has been
provided, either from the patient giving information to the physician or the physician
convening information back to the patient,”
says Fleming, who is also professor of medicine at the University of Missouri School
of Medicine and chairs the Department of
Medicine and is director of the MU Center
for Health Ethics.
Always maintain a steady voice, use terminology patients can understand, and ensure they understand what you have told
them before they leave, Fleming adds.
Catherine Hambley, PhD, an organizational psychologist with LeapFrog Consulting, recommends evoking the teamwork
nature of the relationship at times like these.
“Say, ‘I am your partner in your healthcare,’” she advises. “Do not say ‘I am the doctor’ because ultimately it is the patient who
decides what they are going to do about
their health, not you.”
2/ Calling them out
Robert A. Lee, MD, a family physician in
Johnston, Iowa, and a member of the board
of directors of the American Academy of
Family Physicians, says that sometimes a
physician needs to call out a patient who is
getting angry.
“Some people are just nasty and they
don’t get along with anyone, and you may
just need to call a spade a spade,” he says.
MedicalEconomics. com
I remind the staff that
the patient may have other
issues going on at home or work
and we should try to give them
as much leeway as we can.”
ARVIND R. CAVALE, MD, FEASTERVILLE, PENNSYLVANIA
“I may tell them I know they have difficulties with relationships and if they want this
relationship to work, here’s what I need
from them and here’s what they can expect
out of me. Open it up and have that frank
discussion.”
He uses pointed questions, such as asking about their relationships with their
co-workers and their family. Do they have
friends? Their answers can be very revealing, to him as well as to the patient. “When
they start running through this, they make
the connection,” he says.
Lee will sometimes say “you seem angry
with me today.” This puts the focus on him,
not them, which can lower their levels of
offensiveness. “They may agree that they are
being demanding,” he says.
Diffusing the situation at the time helps
avoid patients developing the expectation
that they can demand whatever they want
from him in the future.
“Some of my most rewarding patient relationships started with us being at loggerheads, but once we worked through it, they
are very loyal patients,” Lee says. “It feels
great for me to earn their trust and for them
to know I have their back.”
3/ Wanted: An explanation
Arvind R. Cavale, MD, a specialist in diabetes and endocrinology in Feasterville, Pennsylvania, believes that patients who express
anger or frustration at a denied request usu-
MEDICAL ECONOMICS ❚ APRIL 10, 2015
35
Managing patient conflict
Removing a patient from your practice?
Do it the right way
Provide written notice
The physician should issue a written termination letter to the
patient prior to the effective date of termination. The letter should
clearly state a termination date (we suggest 30 days in advance)
and the reason for termination.
Include a list of suitable alternative providers
The letter also should include a list of alternative healthcare
providers in the area, and if appropriate, referral to the patient’s
insurance network.
Time the termination properly
Avoid withdrawing from treating the patient when the patient is
in medical crisis, unless the patient requires the services of a
different specialist and arrangements are made for transferring the
patient’s care to such specialist.
Examine managed care contracts and
communicate with health plans
If you are a participating provider in a managed care network
in which the patient is covered, contact the payer, explain the
situation, and ensure everything is done properly per the contract
to prevent problems later.
Provide record access
Offer to send a copy of the discharged patient’s medical records
to the patient’s new doctor. Numerous states have laws which
require that records not be withheld solely because of a patient’s
inability or refusal to pay.
Communicate
Be sure to apprise all physicians and office staff members of the
termination to avoid inadvertent reestablishment of the physicianpatient relationship.
Source: Eve Green Koopersmith, JD
36
MEDICAL ECONOMICS ❚ APRIL 10, 2015
ally just want a thorough explanation.
Patients often ask him for a medication
they saw advertised, such as testosterone.
They complain that they are tired and the
drug seems like a solution. Sometimes their
primary care physician has even suggested
testosterone and referred the patient to him.
He tests them for low testosterone levels but
often finds no justification for the medication. When this happens, he often has to “go
back to the basics.”
“I tell them everyone is tired. No one
sleeps well,” he says. “I ask them when was
the last time they felt well. It is important
that I understand their issues because what
they really want is to feel better, not necessarily use a certain medication.”
This can be time-consuming, but asking
open-ended questions is the only way to get
to the heart of their actual problems. “Once
we do that, we can provide alternative options, in most cases,” he says. “We need to
give them a reason to be optimistic when
they leave.”
4/ Preemptive policies
Jonathan Weiss, MD, an internist and pulmonary medicine specialist in Monticello,
New York, doesn’t see a great deal of conflict
in his office. He attributes at least part of that
to his policy of not prescribing narcotics for
new patients unless they have cancer.
“My office staff tells them this when they
call, so we set the expectations upfront that
narcotics are not on the agenda,” he says. “I
used to engage in debates and negotiations
about this with patients, but having a general
rule short-circuits the whole conversation.”
Patients are told that Weiss is happy to
work with them to manage pain, of course,
but that he utilizes other approaches, such
as physical therapy or referrals to an appropriate specialist, such as pain management,
orthopedics, or psychiatry.
“I would employ this policy in other areas
of my practice if I felt it was needed, but narcotics is the area in which it most frequently
arises,” he says.
5/ Insurance
Several physicians noted that insurance can
also be a factor when facing inappropriate
patient requests. While they are willing to
fight to get an approval for a legitimate pa-
MedicalEconomics. com
Managing patient conflict
Some of my most rewarding patient relationships started
with us being at loggerheads, but once we worked through
it, they are very loyal patients. It feels great for me to earn their
trust and for them to know I have their back.”
— ROBERT A. LEE, MD, JOHNSTON, IOWA
tient need, they do not want to expend the
time and energy for ones they do not think
are necessary. They let an insurance rejection speak for itself.
Matthew P. Finneran, MD, a family physician in Wadsworth, Ohio, finds that changes
in insurance can actually be helpful when
denying a request for tests that he feels are
excessive.
“The economies of healthcare today
make it easier to insist on following evidence-based guidelines,” he says. “Plus, with
many patients facing high deductibles, they
are less adamant about doing something
they will have to pay for.”
In fact, he sometimes finds this dynamic
can make conflict run in the opposite direction, as some patients have to be convinced
that a test is worth the out-of-pocket expense they will face. “This is always easier
with a long-time patient who knows and
trusts me already,” he says.
6/ Train your staff
Some unhappy patients will attempt to talk
a staff member into giving them what they
want.
Weiss says he tries to counsel his staff to
be as patient as possible when dealing with
such requests. He offers occasional pep talks
when staff morale seems to be flagging under the pressure. He also offers to take a call
off the staff member’s hands if he is nearby
and feels the staff member is being particularly challenged. “Sometimes, if I offer to
talk, it helps deflate the situation,” he says.
He understands that staff members
need to vent to each other sometimes, but
encourages them to do it in private so they
can maintain a happier face to the public.
“We are not always successful but we do our
best,” Weiss says.
MedicalEconomics. com
Cavale says he works to instill his practice principles into his staff, and tries to empower them to interact with patients to the
best of their abilities.
“They can’t make everyone happy but we
should try to help them as best we can,” he
says. “I remind the staff that the patient may
have other issues going on at home or work
and we should try to give them as much leeway as we can.”
7/Leaving the practice
Some patients will choose to leave a practice
if their requests are not granted. Most of the
physicians interviewed said they will help
them make arrangements to do so, if they
want.
“Maybe they will find that someone with
a fresh eye will give them a different message, but often they still will have the same
issues,” Lee says.
On occasion Weiss has told patients that
they are welcome to find another physician
if they did not feel he was meeting their
needs. “This is usually a final play. Most do
not take me up on it,” he says.
8/ Call a time out
Hambley says that, rarely, some patients can
get so upset with the physician that they
may be unable to continue the conversation
in a civil manner.
In those instances, she suggests the physician offer to go to see the next patient, giving the distraught patient a few moments to
gather his or her thoughts before resuming
the visit.
“Acknowledge their anger and stress that
you want to get on the same page,” she says.
“If you can really convey that message, it is
much more likely that you will develop a
trusting relationship in the future.”
MEDICAL ECONOMICS ❚ APRIL 10, 2015
37
LEGAL ADVI C E F R O M TH E E X P E RTS
Legally Speaking
AVOIDING SELF-REFERRAL:
UNDERSTANDING THE STARK LAWS
by HAYD E N S. WOOL, J D, and D E N N I S BAR R ETT, J D Contributing authors
Physicians today must understand a myriad of laws
and regulations that govern not only how they practice
medicine, but also how they bill and refer their patients
for services both within and outside their own practice.
Among the most significant,
and often difficult to understand of these laws is the
physician self-referral law,
more commonly known as
the “Stark Law,”named for its
champion and co-sponsor,
U.S. Representative Fortney
H. “Pete” Stark of California.
The Ethics in Patient
Referrals Act of 1989, the
original name for the Stark
Law, was initially designed
to limit/prevent physicians
from referring patients for
clinical laboratory services under the Medicare
Program to entities in which
the physician or a relative
had a financial interest.
The rationale for the
law was a concern that
physicians were more likely
to order tests if they had a
financial stake in the provision of such services.
The law and its corresponding regulations have
expanded significantly in
the past quarter century
thanks to passage of an
amendment to the law in
1993 and the promulgation
of a substantial number of
regulations in three phases
40
(commonly referred to as
Stark I, Stark II and Stark III)
between 1992 and 2007.
The commentaries
explaining the three phases
of regulations issued by
the Center for Medicare &
Medicaid Services (CMS)
between 2001 and 2007
and the 2015 Physician Fee
Schedule are thousands of
pages long.
This regulatory maze has
made complying with the
law very difficult for even
the most well-intentioned
of physicians. Among
other things, the expansion increased the list of
services that fall under the
law’s purview (known as
designated health services
or “DHS”) to include:
❚
❚
❚
❚
❚
❚
❚
❚
❚
❚
❚
❚
❚
clinical laboratory services;
physical therapy services;
occupational therapy services;
radiology services;
radiation therapy services
and supplies;
durable medical equipment
and supplies;
parental and enteral nutrients,
equipment and supplies;
prosthetics, orthotics and
prosthetic devices and
supplies;
home health services;
outpatient prescription drugs;
inpatient hospital services; and
outpatient hospital services.
Elements of the
Stark prohibition
The basic elements of the
Stark self-referral prohibition are as follows: A physi-
What is the Stark Law?
The Stark law is a limitation on
physician referrals. It prohibits physician
referrals of designated health services
for Medicare and Medicaid patients if
the physician (or an immediate family
member) has a financial relationship
with that entity.
MEDICAL ECONOMICS ❚ APRIL 10, 2015
cian may not make a referral
to an entity for the provision
of DHS for which Medicare
payment may be made (and
the entity may not present a
claim for services provided
as a result of such referral) if the physician or an
immediate family member
has a financial relationship
with the entity unless either
the referral or the financial
relationship is “excepted”
from the Law’s coverage.
The scope of the law is
broad enough to include,
without limitation, referrals
by a physician to a hospital
with which the physician
has a financial relationship
as well as a referral by a physician to the physician’s own
practice. Each of the key
terms have specific meanings within the prohibition.
For example, a financial
relationship is defined
broadly to include both a
direct or indirect ownership or compensation
arrangement. An immediate
family member is defined as
a spouse or a child, sibling,
parent, grandparent, stepchild, step-parent, step-
STARK LAW RESOURCES
American Medical Association
“The Stark Law Rules of the Road”
http://bit.ly/187RuqV
U.S. Centers for Medicare and Medicaid Services
Physician self-referral resources
http://go.cms.gov/1GBd6dU
U.S. Department of Health & Human Services
Fraud and abuse laws
http://1.usa.gov/1n91ZPF
MedicalEconomics. com
LEGAL ADVI C E F R O M TH E E X P E RTS
sibling, and the spouse of
any of the aforementioned
individuals. The exceptions
to the law are outlined in
the regulations and rules
issued by CMS.
Penalties
The Stark law is a strict
liability law, which means
that the intent of the offending party is not taken
into account and a physician
can be found guilty of
violating the law without
intending to do so. If a
physician makes a referral
under the law and none
of the law’s exceptions are
met, then the Stark law has
been violated.
While the Stark law is not
a criminal statute, the civil
penalties for violating the
law can be severe. Penalties
can include:
❚ denial of payment for the
service billed,
❚ a $15,000 civil penalty for each
claim submitted as a result of
an improper referral,
❚ refunding every payment
received for services that were
referred in violation of the law,
❚ a $100,000 civil penalty
for entering into a scheme
designed to circumvent the
law, and
❚ exclusion from federal health
care programs and possible
additional liability under the
Federal False Claims Act.
State violations
While physicians must
be aware of the federal
Stark law, it is imperative
that they also understand that many states
have adopted their own
self-referral laws that can
differ significantly from
the federal Stark Law.
The New York state law
regarding healthcare practitioner referrals (commonly
referred to as New York’s
“State Stark Law”) provides
an apt example. The list of
providers subject to the
state Stark law is much
broader than the federal
Stark law.
However, the list of DHS
under the state’s law is
much more limited. In addition, while the federal Stark
law is limited to Medicare
(and arguably Medicaid),
the state Law applies to all
payers.
Consult a specialist
The sheer size and scope
of the Stark law makes it
increasingly difficult for an
inexperienced attorney,
not to mention a practicing
physician, to grasp the law’s
nuances.
In order to protect yourself and your practice from
what could potentially be
crippling fines and sanctions
under the Stark law, it is
important to always contact
a health law specialist when
encountering any issues that
you think could fall under
the Stark law’s shadow.
Hayden S. Wool, JD (pictured) is a
partner/director and Dennis Barrett,
JD, is an associate at Garfunkel Wild, P.C.,
in Great Neck, New York. Send your legal
questions to [email protected].
Physicians’ Alliance of America (PAA) is a nonprofit Group Purchasing Organization (GPO) serving medical
practices of all sizes and specialties nationwide for over 20 years by giving them free access to savings on
a full range of goods and services from over 80 vendor partners covering every area of practice operations.
FREE Membership!
No Contract!
Vaccine Rebate
Program!
Savings!
www.physiciansalliance.com
866-348-9780
IN DEPTH
How to get started
with Direct messaging
Many physicians don’t use or are unaware of Direct secure
messaging, but it can help improve care coordination—
provided you can navigate its challenges.
by KE N TE R RY, Contributing editor
HIGHLIGHTS
01 E-faxes, which many
physicians use to exchange
records among providers,
are less secure than Direct
messaging.
02 About 10 million Direct
messages were exchanged in
the second half of 2014. The
number of Direct exchanges
is increasing as more
organizations use them to
attest to meaningful use.
42
Direct secure messaging (Direct), a standardized
protocol for exchanging clinical messages and
attachments, has not caught on significantly among
physicians. Even advocates of the secure messaging
system acknowledge it is still in an early stage of
adoption, comparable to the first year of electronic
prescribing.
THIS SLOW UPTAKE of Direct is somewhat surprising, given the government’s
promotion of the secure messaging protocol. The latest version of EHR certification
requires Direct messaging capability, and
physicians can use Direct to meet the Meaningful Use stage 2 requirement that they
exchange clinical summaries at transitions
MEDICAL ECONOMICS ❚ APRIL 10, 2015
of care. In fact, physicians who use Direct at
this point seem to be doing so mainly to obtain Meaningful Use incentives.
Physicians interviewed by Medical
Economics say that most of their colleagues
either are unaware of Direct messaging or
are uninterested in it. “Most physicians have
zero understanding of what Direct is and
MedicalEconomics. com
Direct messaging
have no interest and hope that some administrator will take care of it,” says Medhavi
Jogi, MD, a Houston endocrinologist who
exchanges Direct messages with physicians
in a few other practices.
Cindy Dunn, a healthcare consultant
with the Medical Group Management Association (MGMA), says that none of the
groups she works with use Direct.
Even doctors who do send Direct messages may use it in ways for which it was not
intended. For example, Jeffrey Kagan, MD,
an internist in Newington, Massachusetts,
and a Medical Economics editorial advisory
board member, said he sends Direct messages from his EHR to an electronic mailbox in the local healthcare system, where
most of the specialists he refers to also have
mailboxes. They must log in to the hospital
system to pick up the messages, and he has
no idea whether they actually do. So he also
faxes the same referrals to those specialists.
“We’re still using our current system to
send referrals,” he says. “We’re just using Direct to appease CMS” [the Center for Medicare & Medicaid Services].
E-faxing has become commonplace in
physician offices, notes Dunn. Secure texting, which offers some of the advantages
of Direct, is also growing rapidly. And new
standards are being developed to allow physicians to search for patient information
across communities. So the future of Direct
may depend on whether it meets a need that
no other technology does.
BARRIERS TO DIRECT
In the near term, Direct’s success hinges on
building a critical mass of adopters in individual communities. Consequently, doctors’
lack of awareness of Direct is a major obstacle. While the Office of the National Coordinator of Health IT (ONC) helped create Direct, neither ONC nor CMS has undertaken
a full-scale campaign to educate physicians
about the technology. In fact, ONC’s new
“interoperability roadmap” downplays the
potential of Direct messaging.
Some EHR vendors provide no Direct
training to doctors. Jogi had to figure it out
on his own, for example. The Direct messaging tool can also be hard to find, notes
MedicalEconomics. com
WHAT IS DIRECT MESSAGING?
D
irect messaging is essentially email, but with some key
differences. Instead of the email server being maintained
for the addressees/subscribers by an employer or by an
email provider like Google or Yahoo, an agent known as a Health
Internet Service Provider (HISP) handles the email exchanges. The
HISP carries out the encryption/decryption and digital signing of
each message.
Direct messages can have any type of file attachment, and both
message and attachments are encrypted along the entire route from
sender to receiver to protect the privacy of the content.
Each sender and receiver in Direct exchange must have a
unique Direct address, much like a regular email address, but
with the word “direct” in the address line, e.g. YourName@direct.
YourMedicalGroup.com. In fact, this format for a Direct address is
not a mandatory requirement within the DirectTrust community;
however, it is a strong convention that is widely followed.
Source: DirectTrust
David Kibbe, MD, president of DirectTrust,
a trade association that accredits the health
information service providers (HISPs) that
convey Direct messages between providers.
The functionality may be buried in an EHR
referral module and may be unavailable for
any type of communication not related to
referrals, he says.
Even if physicians can find the Direct
module and know how to use it, they might
have difficulty locating other doctors with
whom to exchange Direct messages. Terry
Hashey, DO, who practices family medicine
with one partner in Jacksonville, Florida,
says he has been unable to find any primary
care or specialty practice or hospital that accepts Direct messages.
Jogi says he asked about 60 physicians
to exchange Direct messages with him. Although they all had Direct addresses, only a
handful responded to his request. He doubts
the others even saw his messages.
MEDICAL ECONOMICS ❚ APRIL 10, 2015
43
Direct messaging
other physicians who use
different EHRs through a
web portal. But that means
that the messages don’t go
directly into his colleagues’
EHRs, and they have to interrupt their workflow to
visit the portal.
An article last summer
in the newsletter iHealthBeat found that some vendors were making it difficult for physicians to use Direct messaging
to facilitate the flow of clinical information.
eClinicalWorks’ HISP, for example, had not
joined the DirectTrust network, so many
other HISPs would not exchange Direct
messages with it.
Similarly, Epic had designed its EHR so
that it would accept only Direct messages
that had attachments of clinical summaries in the CCDA format. That ruled out text
or PDF documents and imaging reports,
as well as messages without attachments.
(Epic has since upgraded its Direct module
to accept other kinds of messages.)
Blair says he doesn’t believe that vendors
are purposely obstructing Direct. Neither
does Kibbe. “It’s hard to make the case that
they’re deliberately trying to screw this up,”
he says.
Docs want to communicate with other doctors
more effectively around patient care. And this is
something that’s about more than just the technology;
It’s about workflow and care coordination.”
— DAVID KIBBE, MD, PRESIDENT, DIRECTTRUST
The overall situation is not as dire as these
anecdotes imply. According to Kibbe, about
10 million Direct messages were exchanged
in the second half of 2014. While that’s just
a “trickle,” he says, the number of Direct exchanges is increasing as more organizations
use them to attest to Meaningful Use and as
health information exchanges move patient
data via Direct.
John Blair III, MD, chair of DirectTrust
and chief executive officer of MedAllies, a
leading HISP, points out that it takes time
to introduce something as complicated as
Direct. Currently, he says, most physicians
are just finding out about Direct and activating their EHR’s Direct functionality. Next,
they must reorganize their workflows so
that their practices know how to handle Direct messages. When a significant number
of practices do that, which he predicts will
happen over the next two years, there will
be a big jump in use of the Direct messaging
protocol, he predicts.
ARE EHR VENDORS ABOARD?
Workflow is not the only obstacle that must
be overcome, however. Dunn believes that
the cost of using Direct is discouraging some
practices. On average, Blair says, HISPs
charge from $100 to $200 per provider per
year. But some EHR developers may tack on
extra fees, he adds.
The vendors either contract with one or
more HISPs or operate their own HISP. But
they don’t necessarily encourage the use of
Direct to exchange information with practices that use different EHR systems.
Jogi says that his EHR vendor so far has allowed him to exchange Direct messages only
with other users of its system. He has learned
how to exchange Direct messages with a few
44
MEDICAL ECONOMICS ❚ APRIL 10, 2015
DIRECT ADDRESSES
To send and receive Direct messages, a physician must have a Direct address and must
be able to access the Direct addresses of his
or her trading partners. According to DirectTrust, the 38 HISPs in its network have
“provisioned” more than 650,000 Direct addresses to healthcare professionals in 33,000
healthcare organizations. But finding those
addresses can be a challenge.
The problem is that each HISP has a
directory of its customers’ addresses, but
doesn’t have access to other HISPs’ directories. Consequently, physicians can view only
the addresses of the physicians who use the
HISP owned or hired by their EHR vendor,
unless other addresses have been loaded
into their EHR.
An existing standard called HPD could
enable physicians to search all HISPs’ directories from their EHRs. But HPD is still be-
MedicalEconomics. com
Direct messaging
MOBILE MESSAGING
ing tested and won’t be available for use for
another year, Blair says.
Currently, he notes, MedAllies has a
database of about 200,000 Direct addresses, including those of its 60,000 customers.
When MedAllies signs up a new practice, he
says, the company asks the practice to identify their providers’ trading partners. About
half of those partners’ Direct addresses are
typically in MedAllies’ database; the company can get most of the rest from EHR vendors and other HISPs. Then it loads them
into their customer’s EHR.
To eliminate this time-consuming task,
DirectTrust is trying to create its own central directory for in-network HISPs. But Kibbe says some HISPs have told him they can’t
participate because of contracts with EHR
developers that don’t want their customers’
addresses to be made public.
WHY SHOULD YOU USE DIRECT?
Assuming that all these obstacles can be
swept away, Direct still won’t succeed unless you and your colleagues use it. Here are
some of the pros and cons.
Direct messaging can only “push” data
from point to point; it can’t be used to search
for information in other EHRs. But Blair says
that would be sufficient for many physicians. “If you can send relevant referrals with
pertinent information, docs will do a backflip over that,” he says.
Jogi says that if Direct worked the way it
is supposed to, he’d be delighted, because
“it’s faster and easier to communicate with
Direct. There would be a lot less redundancy
in lab testing and imaging. I’d be wasting a
lot less time trying to find out what was going on with this patient who has been referred to me,” he says.
But from the viewpoint of many other
physicians—including Jogi’s own partners—
Direct fixes a nonexistent problem. They’re
used to sending computerized faxes with referrals and consultant reports, and their offices are “hardwired” for that process, notes
Jogi.
This system works well for Kagan, who
e-faxes a note and a clinical summary when
he refers a patient to a specialist. The entire
process, he says, takes place within his EHR,
and someone on the staff slots incoming e-
MedicalEconomics. com
What to keep in mind
1
2
3
4
5
Decide whether mobile devices will be used to
access, receive, transmit, or store patients’ health
information, or used as part of your organization’s
internal networks or systems.
Consider how mobile devices affect the risks (threats
and vulnerabilities) to the health information your
organization holds.
Identify your organization’s mobile device riskmanagement strategy, including privacy and security
safeguards.
Develop document and implement mobile device
policies and procedures to safeguard health
information.
Conduct mobile device privacy and security
awareness and training for providers and
professionals.
faxes into patient records. Both Kagan and
Dunn say that the e-faxes are encrypted and
Health Insurance Portability and Accountability Act (HIPAA)-compliant.
But Ron Sterling, a health IT consultant
in Silver Spring, Maryland, says that e-faxes,
while HIPAA compliant, are less secure than
Direct messages. E-faxes are sent securely
from an EHR to a fax server, which should
be encrypted to protect health information.
However, the transmission from the fax
server to the fax machine in another practice is not encrypted and doesn’t have to be.
Fax transmissions, which go directly from
one phone number to another, fall under the
HIPAA privacy rule but not the security rule,
Sterling points out.
SECURE TEXTING ALTERNATIVES
Kagan also uses a secure texting service that
the hospital has provided to him and his colleagues. “It seems to be a more efficient way
to communicate,” he says. “A lot of doctors
have embraced it and found it to be very
helpful.”
MEDICAL ECONOMICS ❚ APRIL 10, 2015
45
Direct messaging
Most physicians have zero
understanding of what Direct is
and have no interest and hope that
some administrator will take care of it.”
an ED physician he knows with a brief description of the patient’s condition and history and will ask the doctor to text him a
brief note about the disposition of the case.
Case managers also text Segal to let him
know when one of his patients has been discharged from the hospital.
— MEDHAVI JOGI, MD, ENDOCRINOLOGIST IN HOUSTON, TEXAS,
WHO USES DIRECT MESSAGING
WHAT’S AHEAD FOR DIRECT?
Robert Segal, MD, a family physician and
medical director of ambulatory informatics for the Scottsdale/Lincoln Health Network, a five-hospital system in Scottsdale,
Arizona, also uses secure texting and likes
it very much. All of the health system’s employed physicians and the independent
doctors who belong to its ACO have secure text access, so he can communicate
easily with most of the specialists he refers
to. Moreover, he can attach an image or a
document to his texts by snapping a picture
of it on his smartphone.
For example, Segal recently saw a patient
for a preoperative exam and performed an
electrocardiogram that proved to be abnormal. “I took a picture of it and I sent it
through [secure text] to the cardiologist,” he
recalls. “I said, ‘Can you have a look at this?
Is this anything that requires further evaluation before I clear it for a surgery?’”
In addition, Segal uses secure texting
to monitor the care of patients he sends to
the emergency department (ED). He’ll text
Secure text messaging services to consider
There are a number of secure text messaging services
that offer HIPAA-compliant products that physicians can
use to communicate with their staff and other providers.
Here are some companies that offer these services:
The lesson of secure texting is that when a
new technology is simple to use and meets
an immediate need, physicians will use it.
Direct messaging is nowhere near as intuitive and simple as regular email or Facebook, Jogi says.
And while proponents regard Direct as a
big improvement over faxes, the workflow
changes needed to make it function properly are likely to discourage some practices
from using it.
What will happen to Direct messaging
after the need to show Meaningful Use has
passed? Kibbe believes that it will continue
to grow, mainly because of the increased
importance of care coordination in valuebased reimbursement arrangements.
In Kibbe’s opinion, this will provide the
business case that healthcare providers need
to adopt Direct messaging. But it will be
large healthcare systems, not small physician
practices, that will lead the way, he says.
“Docs want to communicate with other
doctors more effectively around patient
care,” he says. “The business case has to be
for the larger organization they’re working
with: the hospital, the health system, the
ACO. Because individual practices have a
hard time creating any sort of system. And
this is something that’s about more than just
the technology; it’s about workflow and care
coordination.”
MORE ONLINE
Meaningful use 2: Mission impossible?
http://bit.ly/1BB83rO
TigerText
www.tigertext.com
MiSecureMessages
www.misecuremessages.com
DocsInk
www.docsink.com
qliqsoft
qliqsoft.com
Getting paid for chronic care
http://bit.ly/1b2bVHq
Coding insights: What you need to know about
chronic care management
http://bit.ly/1Br67ku
46
MEDICAL ECONOMICS ❚ APRIL 10, 2015
MedicalEconomics. com
PROTECT YOUR PRACTICE
IN DEPTH
Business insurance coverage every physician should have [51]
IPAs: Joining forces
to retain independence
Independent physician associations can help doctors
meet the business challenges of independent practice,
but do your homework before joining
by E LI ZAB ETH WOODCOCK, M BA, FACM PE, CPC and CAS EY CROTTY Contributing authors
HIGHLIGHTS
01 Because many
organizations have already
operated as risk-bearing
provider networks, IPAs
are well positioned to
take leading roles in the
development of ACOs or
serve as sustaining member
organizations
02 Not all markets have
IPAs, and the ones that do
vary in scope and services.
If there is an IPA functioning
in your market, evaluate the
benefits before joining.
MedicalEconomics. com
If you want to retain your independence
while finding some shelter from the storm of
regulatory challenges and cost increases facing
primary care physicians today, joining an
independent physician association (IPA) may
be an option to consider.
THE STEADY DRUMBEAT of reports
about health systems, hospitals, insurance
payers and other corporate entities buying up independent practices may give you
pause. A growing number of physicians are
responding to the changing reimbursement
and regulatory landscape by opting for alternatives to traditional independent practice arrangements; indeed, the “2014 Survey
of America’s Physicians” by the Physicians
Foundation, an advocacy group, found that
53% of physicians were hospital or medical group employees compared with 44% in
2012 and 38% in 2008.
Between the challenges of keeping up
with government incentive programs,
payers’ threats to eject you from their networks, and declining reimbursement, is it
even possible to operate independently any
longer?
If you’re an independent physician, employment may appear to be the only sensible
route out of this turbulence. If employment
is right for you, then by all means, explore it.
However, if you want to retain your independence but also be sheltered from the storm,
joining an independent physician association (IPA) may be your best option.
MEDICAL ECONOMICS ❚ APRIL 10, 2015
47
IPAs
Questions to ask
before joining an IPA
Physicians should consider many factors before joining an IPA. They include: how long the association has
existed, its track record, member benefits, resources,
and even less-quantifiable factors such as the opportunities IPA membership may offer for networking with
other physicians.
Q: What is the legal structure of the IPA? If forprofit, how are shares distributed?
Q: What are the dues and obligations to join
the IPA? Are there different membership levels
or classifications?
Q: Does the IPA negotiate payer contracts on
behalf of its members? If so, how is negotiation for
reimbursement handled between the member, the
payer, and the IPA?
Q: What are the services offered by the IPA?
Are these services included with membership or
do they require additional fees?
“The reputation, competence and trustworthiness
of the IPA staff are important, of course, but is that
staff accessible to the members—available for questions and assistance, and responsive to requests?” says
Ann Bellah, the executive director of Pueblo Health
Care in Colorado.
Q: How is the IPA’s Board of Governance structured?
How many board members and of what specialties?
What is the makeup of the executive leadership?
Q: Does the IPA require a complete
integration of the medical practices or
participants? If so, how does the IPA define
“integration”? What other contractual
obligations are there?
Q: Is the IPA considered an “exclusive” or “nonexclusive” organization? Do the members have the
opportunity to participate in all, some or none of the
payer contracts? Are members able to affiliate with
other networks as well?
IPA BENEFITS
An IPA is an association of independent physicians. It offers members a way to improve
cooperation with insurance companies and
reduce the administrative burdens of negotiating payer contracts, while continuing to
maintain independent practices, and, importantly, make their own decisions about
reimbursement.
“Another major benefit from being a
part of an IPA is that it can assist in keeping
physicians and offices from being isolated
because a good IPA can also provide access
to networking, resources, education and
training that would otherwise be difficult
to obtain,” says Ann Bellah, MBA, executive
director of Pueblo Health Care, an IPA with
265 physicians in southern Colorado.
An IPA may be an association, but there
48
MEDICAL ECONOMICS ❚ APRIL 10, 2015
is nothing casual about its structure as a
legal entity. An IPA may be structured as a
nonprofit entity, a limited liability company,
a corporation or other type of shareholderowned entity. The structure of most IPAs
also allows participating members to continue caring for patients outside of the contracts the IPA maintains with payers.
An August 2013 study published in Health
Affairs reveals that 24% of small-to-mediumsized practices participate in an IPA or a
physician hospital organization (PHO), a
similar model that includes a hospital. Typically tied to a specific geographic location,
an IPA enables independent physicians to
exert greater influence over contract terms
in a marketplace typically dominated by a
handful of payers, but not infrequently by
just one payer.
MedicalEconomics. com
IPAs
Considerations before joining an
Independent Physician Association
Anti-trust considerations
ACO conversion
Many IPAs can face antitrust issues
because they include competing
healthcare providers, says Peter Pavarini,
JD, partner at Squire Patton Boggs LLP
in Columbus, Ohio.“There are no fixed
limits on IPA size; however, Federal Trade
Commission and Department of Justice
guidelines and policy statements define
safety zones in terms of percentages of
competing physicians [by specialty] who
are included in an IPA, ACO (accountable
care organization), or other kind of
provider network. Non-exclusive networks
can generally be larger than exclusive
networks,” Pavarini says.
A growing number of IPAs are converting to
ACOs, a structure requiring more formal legal,
management, and leadership structure, along
with shared savings arrangements between
providers and payers. Find out if the IPA you
are considering is making this change before
joining.
While IPAs come in all shapes and sizes,
they nearly always bring an important value
proposition to their members: negotiating
power for contracting. Particularly in the
western United States, IPAs negotiate riskbearing, capitated medical services agreements on behalf of their members, working as an entity somewhat akin to a health
maintenance organization. Many IPAs, especially those that are clinically integrated,
have already converted to an accountable
care organization (ACO)–or provide the
infrastructure for their members to
organize as one.
Because many of these organizations
have already operated as risk-bearing provider networks, IPAs are well positioned to
take leading roles in developing ACOs or
acting as sustaining member organizations.
Even if the physician organization has operated in a fee-for-service environment, an IPA
can bring expertise regarding contracting,
analytics and management.
In addition to payer relations, an IPA
may offer management services organization (MSO) amenities such as payroll, bookkeeping, benefits management, group pur-
MedicalEconomics. com
Do your homework
Check with legal counsel before signing on
to an IPA to make sure it abides by antitrust
and price fixing laws, and also to ensure its
management fees are reasonable, says Alan S.
Gassman, JD, of Gassman Law Associates P.A.
in Clearwater, Florida.
chasing, and compliance. The IPA can serve
as the information technology platform for
all automation, often offering the capability
of connecting disparate EHR technology, or
perhaps just linking practices with a data
warehouse. These administrative services
can be shared across the IPA membership,
thereby reducing costs for individual members.
For those who think employment or affiliation with a hospital or health system
requires surrendering too much control, an
IPA may offer a viable alternative. An IPA
structured as a risk-bearing entity can be especially useful to physicians who may want
to participate in risk contracts but don’t
have the time or administrative support to
hammer out the many details required for
such arrangements.
Using an IPA, physicians can work directly with payers on reimbursement issues
pertinent to their practices—even opt out of
a risk contract arrangement—while maintaining access to the IPAs menu of other administrative services.
While IPAs may bring substantial advantages from a contracting and administrative
MORE ONLINE
How to survive in
independent practice
http://bit.ly/1wykdjN
Collaboration is key to
small-practice survival
http://bit.ly/18evgn8
Monopolizing medicine
http://bit.ly/18evmeu
MEDICAL ECONOMICS ❚ APRIL 10, 2015
49
IPAs
By the numbers
IPAs IN THE
UNITED STATES
677
Number of IPAs
represented by
the Independent
Physicians
Association of
America (TIPAAA)
2,900
Number of
affiliated IPAs also
represented
Source: TIPAAA
perspective, the most powerful opportunity
may be their unique position in the changing healthcare landscape. The director of
care coordination for the Connecticut State
Medical Society-IPA, Inc., a statewide IPA
with 7,000 physician members, Kelly Ann
Pappa, RN, agrees.
“No truer an expression than ‘there is
strength in numbers,”’ Pappa says. “IPA
members expect to provide a high level of
service on behalf of their patients; however,
many providers feel overwhelmed by the
myriad of administrative regulations and reporting criteria that they must meet in order
to receive just compensation for the quality
of care that they deliver.” IPAs may offer the
opportunity to participate in quality programs that reward improved outcomes that
are often not otherwise available to the independent or solo practitioner.
Critical to the achievement of success in
these programs and practice transformation
is the improved communication, coordination and resource sharing brought by the
IPA.” With an engaged membership, an IPA
can serve as the platform for independent
practices to participate in coordinated care.
An IPA can provide the infrastructure for
physicians in small-to-medium-size practices to make unified efforts to coordinate care
by gathering, analyzing and reporting quality data across the continuum of patients’
care; and effectively deploying population
health management strategies.
In supporting initiatives to coordinate
care, IPAs can also:
❚ develop protocols for point-of-care clinical
decision support;
❚ send reminders to patients for recommended
preventive or follow-up care;
❚ use registries to monitor patients with chronic
illnesses; and
❚ employ or contract with nurses to serve as
patient care managers.
Elizabeth Woodcock, MBA, FACMPE,
CPC, (pictured) is a consultant,
speaker, trainer and author with
Woodcock & Associates in Atlanta,
Georgia. Casey Crotty is chief
executive officer of Suan Juan IPA in
New Mexico.
50
Connecticut State Medical Society
(CSMS)-IPA, Inc., for example, provides opportunities for its member physicians to use
value-added services that improve the quality and cost-effectiveness of their care and
receive additional compensation from payers for their efforts.
Recent relationships established with
commercial payers bring CSMS-IPA, Inc.
members additional compensation for
MEDICAL ECONOMICS ❚ APRIL 10, 2015
attesting to pre-determined metrics.
Regardless of the specific services an
IPA provides, its presence enables independent physicians to leverage their data to
build business intelligence about their patients’ care. The Health Affairs study offers
quantifiable proof of this value: physicians
participating in IPAs or PHOs provided
approximately three times as many care management processes for their patients with
chronic conditions as did nonparticipating practices: 10.45% compared with 3.85%,
according to the survey of 1,164 practices
with 20 or fewer physicians.
DRAWBACKS
That said, IPAs are not for everyone. Not
all IPAs are created equal; some may have
grown too quickly and do not have a sufficiently experienced management team in
place. The number of processes and tasks
tied in with information technology—not
to mention the swift pace of change in the
field—means that the technology solutions
an IPA offers may outpace, or lag behind, its
members’ needs, or willingness to pay. Some
physicians may feel out of step with their
IPA’s approach to customer service quality,
marketing or internal communications.
In addition, an IPA does not free its physician members from all of the time commitments and responsibilities of maintaining
the business of a medical practice.
Not all markets have IPAs, and the ones
that do vary in scope and services. If there is
an IPA in your market, evaluate the benefits
of joining. (See Figure 1 for questions to ask
during your decision-making process.)
Contact colleagues who have joined
the IPA, probing them for both the qualitative and quantitative benefits they receive.
Recognize the contracting opportunities,
but compare them to what you already
receive.
In other words, do your homework before proceeding with an IPA affiliation. Get
the IPA agreement for membership in writing. Before you join, consult a healthcare
attorney to review the contract and all relevant documents.
The IPA model is gaining new attention
as more physicians look for ways to stay in
independent private practice yet not feel
forced to sail today’s blustery seas completely alone. An IPA may just be your perfect shelter from the storm.
MedicalEconomics. com
F I NAN C IAL ADVI C E F R O M TH E E X P E RTS
Financial Strategies
BUSINESS INSURANCE COVERAGE
EVERY PHYSICIAN SHOULD HAVE
by ROB E RT C. SCROGG I N S, J D, CPA, CH BC and
N ICK BOGAN, Contributing authors
Your biggest risk and greatest exposure as a physician
is in the area of professional services. Consequently,
most doctors are well aware of the particulars of
coverage in this area. Liability also can arise when
it comes to the business side of a medical practice,
however, and it is in this area where other types
of coverage become highly important.
IN CONSULTATION
with a reputable and
knowledgeable general
insurance agent, we
encourage our clients to
consider the following types
of coverage:
Non-owner
(hired) auto
Your practice may own
automobiles used by the
doctors, in which case it
is natural to have a policy
covering those vehicles.
However, coverage for
employees sometimes
is overlooked when they
are using their personal
automobiles to conduct
business for the practice.
Staff members handling
bank deposits, errands, and
other activities away from
your practice can give rise
to liability in the event of an
accident.
MedicalEconomics. com
Non-owner auto
coverage protects you
when your employee or a
third party is injured while
carrying out business duties
for your practice. Standard
coverage is typically $1
million and is coordinated
with an umbrella policy.
It is typical to identify
specifically and limit the
staff members who are
permitted to run errands for
the practice.
ERISA/fidelity
bond
This is coverage specific to
your practice’s retirement
plan.
The Employee
Retirement Income Security
Act (ERISA) requires a plan
sponsor to carry coverage
for employee dishonesty
with respect to the
retirement plan’s assets.
The amount of required
coverage is the lesser
of $500,000 or 10% of
plan assets. The policy
covers those responsible
for managing the plan
in a fiduciary capacity as
well as those who handle
investment assets in the plan.
Employee
dishonesty
This is another type of
fidelity bond coverage.
This coverage is
analogous to an ERISA
bond, in that it provides
protection in the event
that a staff member steals
or embezzles money or
property from your practice.
Often this coverage can
be designed to satisfy the
ERISA bond requirement via
an endorsement.
In most medical practice
settings, the potential for
theft is present with respect
to both accounts receivable
and accounts payable. In
general it is recommended
to have base coverage of at
least $100,000.
In addition to insurance,
it is very important to
establish good internal
cash controls to reduce the
possibility of an employee
misappropriating practice
assets.
Employee theft
of sensitive
customer data
This coverage, in the case
of a medical practice, is
typically and primarily
designed to protect against
the misappropriation
of sensitive patient
information.
In most cases It would
also cover the situation of
a non-employee hacker
(sometimes referred to as
a “cyber breach”) as well as
the accidental interception
of sensitive information, for
example, in the case of a
failed network firewall.
Coverage, particularly in
the case of a cyber breach,
typically extends to the
injured party to provide
assistance to recover
from the incident such as
restoring credit and other
related identity theft repairs.
MEDICAL ECONOMICS ❚ APRIL 10, 2015
51
F I NAN C IAL ADVI C E F R O M TH E E X P E RTS
Financial Strategies
Employment
practices
This type of coverage
addresses human resourcerelated allegations such as
wrongful termination and
employee misconduct such
as sexual harassment.
Coverage protects the
physician owners as well
as claims against staff
(essentially covering those
responsible for handling
human resource-related
issues.) Basic coverage is
for damages, but separate
coverage can also be
secured for legal expenses
involved with defending a
claim.
Umbrella
This policy ties into the
other types of coverage to
protect against claims that
exceed the limits of the
other individual policies.
An umbrella can extend
coverage to gaps under
other policies, such as
covering the cost of legal
expenses to defend a
claim. Because this type
of policy supplements
other coverage, you will
want enough to protect
practice earnings, assets,
and outstanding liabilities—
enough, in other words, to
recover from an event that
might otherwise drain the
assets of the practice.
Business overhead
expense
This type of disability
insurance is particularly
helpful in a smaller practice
52
AN UMBRELLA
CAN ALSO
EXTEND
COVERAGE
WHERE
THERE ARE
GAPS UNDER
THE OTHER
POLICIES,
SUCH AS
COVERING
LEGAL COSTS
TO DEFEND
A CLAIM.
setting and very important
in the case of a solo practice.
If a physician is unable to
work due to a disability or
other issue, the insurance
provides cash flow to
continue paying overhead
expenses such as payroll,
rent, and utilities. The
elimination period typically
is fairly short, perhaps even
30 days, and the coverage
does not usually go beyond
a couple of years. The policy
pays overhead expenses
needed to keep the
business running.
Life and disability
(“key man”)
Considerations when selecting
an insurance policy
1
Find a reputable insurance company.
You can research company ratings using services such as Fitch,
Standard & Poor’s Insurance Rating Services and others.
2
When selecting a disability insurance policy, find policies
that allow the physician to identify your specialty.
3
Look for flexible plans that allow you to adjust
coverage in the future.
4
If you find different employment, does the plan
come with you?
5
Consider the tax implications of various insurance
types and plans.
the life and ability to work
for those in key positions.
For a medical practice,
this would include the
physician(s) and any
other significant incomeproducing providers
important to practice
revenue.
Life and disability
insurance for those in key
positions are secured for
the purpose of providing
cash flow while the
practice replaces the lost
production. For practices
with significant value, key
man life and disability
coverage is also important
to provide cash to pay the
estate of the deceased
or acquire the ownership
interest of a disabled
physician.
If the practice must
support a buyout payment
without the help of
insurance coverage, it can
wind up in a position of
double trouble since the
lost production capacity
hurts top-line revenue
and the required buyout
obligation is above and
beyond normal overhead
expense.
Robert C. Scroggins, JD, CPA, CHBC (pictured) is a
management consultant and principal with ScrogginsGrear, Inc.,
in Cincinnati, Ohio. Nick Bogan is vice president of SenourFlaherty Insurance in Cincinnati, Ohio. Send your practice
management questions to [email protected].
These are policies covering
MEDICAL ECONOMICS ❚ APRIL 10, 2015
MedicalEconomics. com
Go to:
products.modernmedicine.com
Products & Services
SHOWCASE
CME
>VUKLY
^OH[
[OLZL
HYL&
DISCOVER THE WORLD WITH CME CRUISES
Companion
Cruises
Free
This was the perfect blend of personal
time and CME time.
ALASKA
ASIA
AUSTRALIA
BALTIC
CARIBBEAN
EUROPE RIVER
HAWAII
MEDITERRANEAN
ST. LAWRENCE
NEW ZEALAND
PANAMA CANAL
SOUTH AMERICA
SOUTH PACIFIC
TAHITI
1-888-647-7327 www.seacourses.com
Content Licensing for
Every Marketing Strategy
Go to
products.modernmedicine.com
and enter names of companies
with products and services
you need.
Marketing solutions fit for:
Outdoor | Direct Mail
Print Advertising
Tradeshow/POP Displays
Social Media | Radio & TV
Leverage branded content from
Medical Economics to create a more powerful
and sophisticated statement about your
product, service, or company in your next
marketing campaign. Contact Wright’s Media
to find out more about how we can customize
your acknowledgements and recognitions to
enhance your marketing strategies.
For information, call
Wright’s Media at 877.652.5295
or visit our website at
www.wrightsmedia.com
Search for the company name you see in each of the ads in this section for FREE INFORMATION!
MedicalEconomics. com
MEDICAL ECONOMICS ❚ APRIL 10, 2015
53
P r o d u c t s & S e r v i c e s SHOWCASE
FINANCIAL ADVISERS FOR DOCTORS
Those companies listed in Medical Economics 2014 Best
Financial Advisers for Doctors display this symbol in their ads.
2014 Best
Financial
Advisers
for Doctors
★ NEW JERSEY
Howard Hook, CFP®, CPA (pictured on left)
Fee-Only Comprehensive Financial Life Planner
(609) 921-1016 | [email protected]
Proactive Planning. Sound Portfolio Strategies. Unbiased Advice.
As a fee-only comprehensive financial life planning firm, we do not
accept commissions or referral fees. All recommendations are free
from conflicts of interest and focused on your needs and goals. We
care deeply about making a positive difference in the lives of our
clients and have been serving doctors for more than 25 years.
601 Ewing Street | Suite A-7 | Princeton, NJ 08540 | eksassociates.net
★ NORTH CAROLINA
Matrix Wealth Advisors, Inc.
Giles Almond, CPA/PFS, CFP®, CIMA®
$IBSMPUUF/$t
[email protected] t Minimum Portfolio Value: $1MM
Shouldn’t your financial advisor be a fiduciary - someone who works solely for your benefit,
adheres to the highest professional standard, and avoids conflicts of interest?
Since 1990, Matrix Wealth Advisors has built a trusted reputation among physicians by
providing excellent service, creative and sound portfolio strategies, and a clear direction for
clients’ financial lives. Physicians know they can rely on Matrix’ credentialed experts for
broad knowledge, depth of experience, and above all, unbiased advice.
★ PENNSYLVANIA
,ORQD%UDQGW7RP/87&)
)LQDQFLDO$GYLVRU
3DUN$YHQXH6HFXULWLHV
Member
MDRT
The Premier Association of
Financial Professionals ®
$UJ\OH5RDG
$UGPRUH3$
3KRQH
)D[
(PDLO,EUDQGWWRP#ÀUVWÀQDQFLDOJURXSFRP
6SHFLDOL]LQJLQ'LVDELOLW\,QVXUDQFH
Repeating an Ad
Ensures It will be Seen
and Remembered!
54
MEDICAL ECONOMICS ❚ APRIL 10, 2015
MedicalEconomics. com
M A R K ET PL AC E
PRODUCTS & SE RVIC ES
LEGAL SE RVIC ES
MEDICAL EQUIPMENT
Legal Problems
with Medicare/Medicaid
Licensing Boards, Data Bank, 3rd Party
Payors? HIPAA, Admin, Criminal, Civil?
Federal Litigation, Civil Rights, Fraud,
Antitrust, Impaired Status?
Compliance, Business Structuring, Peer Review,
Credentialing, and Professional Privileges.
Whistle Blower!
Call former Assistant United States
Attorney, former Senior OIG Attorney,
Kenneth Haber, over 30 years experience.
301-670-0016 No Obligation.
www.haberslaw.com
Mark J. Nelson MD, FACC, MPH
E-mail: [email protected]
Advertising in Medical Economics
has accelerated the growth of our
program and business by putting
me in contact with Health Care
Professionals around the country
who are the creators and innovators in
their field. It has allowed me to help
both my colleagues and their patients.
SHOWCASE & MARKETPLACE ADVERTISING
Contact: Tod McCloskey at
[WPFFORVNH\#DGYDQVWDUFRP
MedicalEconomics. com
MEDICAL ECONOMICS ❚ APRIL 10, 2015
55
M A R K ET PL AC E
Advertiser Index
TRANSC R I PTION SE RVIC ES
athenahealth
Corporate ................................................................. 8 – 9
Kareo......................................................................... 29
Physicians Alliance of America ........................................ 41
Repeating
an Ad
Ensures
It will be
Seen
and
CAREERS
Remembered!
TEXAS
* Indicates a demographic advertisement.
8I\EW*EQMP]4VEGXMGI-RXIVREP1IHMGMRIMW
WIIOMRKE4L]WMGMERJSVXLIMVFYW]TVEGXMGI
'SQTIXMXMZIWEPEV]JVIWLKVEHYEXIJVSQ
XVEMRMRK[MPPFITVIJIVVIH
-RXIVIWXIHGERHMHEXIWWLSYPH
GEPP
SV
IQEMPOLERHSG$LSXQEMPGSQ
FOR RECRUITMENT
ADVERTISING
Contact: Joanna Shippoli at
800.225.4569 x 2615
[email protected]
56
MEDICAL ECONOMICS ❚ APRIL 10, 2015
MedicalEconomics. com
TH E B R I D G E B ETWE E N PO LI CY AN D H EALTH CAR E D E LIVE RY
The Last Word
AFFORDABLE CARE ACT WILL COST
BILLIONS LESS THAN PREDICTED
by EVAN ROSS Contributing author
Provisions of the Affordable Care Act (ACA) will cost $142 billion less—
or 11%—over the 2016–2025 period than originally estimated by the
Congressional Budget Office (CBO) and the Joint Committee on Taxation (JCT).
ACCORDING TO revisions
released in March from
the CBO, the reduction
is based on two primary
factors: a slower growth of
private health insurance
premiums; and differing
sources and numbers of
people gaining insurance
through the ACA.
In January, the original
estimated cost of the ACA
was expected to be more
than $7.6 trillion from 2016
to 2025. New estimates
place that number at $7.2
trillion.
Factors that led to lower
overall budget projections
stemming from the number
and type of health insurance
gained under the ACA
include:
❚ A lower estimate of the
total number of people
with employment-based
coverage;
❚ An increase in the
estimate of workers
employed by businesses
with 1,000 or more
employees;
❚ A decrease in the
estimate of the number
MedicalEconomics. com
of people who had no
health insurance at all;
and
❚ Higher Medicaid
enrollment before
2014 than previously
estimated.
The CBO and the Joint
Committee on Taxation (JCT)
lowered their estimates of
private health insurance
premiums for the 2016 –
2025 period based on new
information on national
health expenditures.
“Spending by private
health insurers on health
care and administration rose
less in 2013 (the most recent
year for which data was
available) than in preceding
years and by much less than
the agencies had expected
for 2013” concluded the
CBO and JCT, the result of
the continuing trend of
“relatively” slow growth in
healthcare spending.
After removing
the effects of overall
inflation and adjusting for
population changes, the
CBO and JCT estimated that
private health insurance
spending per enrollee only
grew an average of 1.8%
per year between 2006 2013, compared to the rate
of 5% per year between
1998 - 2005. Estimates of
spending-per-enrollee are
expected to grow 2.2%
between 2014 - 2018 and
3.1% between 2019 - 2025.
The slower rate of
growth in premiums is also
expected to impact the
excise tax on “Cadillac plans.”
Fewer plans will have to
pay the “Cadillac tax,” which
will decrease the projected
revenues by more than 40%.
The lower rate of private
health insurance cost affects
the amount of money
the government needs
for healthcare exchange
subsidies. In 2010, the
CBO predicted that health
insurance subsidies would
average $5,200 per person
in 2015. The new estimate
puts hat total at $3,960, a
20% reduction.
Medicaid costs are
expected to be $847 billion
in the next decade, down
8% from the January
estimate.
BY THE NUMBERS
$7.2TRILLION
The cost of the ACA
from 2016 through
2025, according to the
latest estimates.
$3,960
The per person cost of
healthcare insurance
subsidies, down 20%
from the previous
estimate.
8%
Expected percentage
decrease in Medicaid
costs over the next
decade.
MEDICAL ECONOMICS ❚ APRIL 10, 2015
57