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Deloitte Center for Health Solutions November 5, 2012 Monday memo Health reform update This week’s headlines: My take Implementation update - Department of Justice will not contest Supreme Court decision to hear Liberty University challenge - FTC: success of ACOs, anti-trust oversight focus of agency efforts to cut health costs Legislative update - HHS issues rules on Medicare, Medicaid physician pay, outpatient payments - Public health emergency declared in New York - GAO: Medicare Part D discount program does not increase drug prices - AHA pursues lawsuit against HHS for denied reimbursements - Legislation introduced to allow veterans to access FEHBP for dental and vision - Massachusetts lawmaker introduces compounding pharmacies regulation - HHS backs flat-rate payment arrangement State update - State round-up Industry news - Beaumont-Henry Ford merger - Walmart announces carve out strategy - BMJ: published studies must provide access to scientific documentation - FDA examines equivalence of generics - Gene mapping project accelerates personalized medicine opportunities - Deloitte acquires data analytics firm Recombinant - Report: significant geographic variation in teaching hospitals - AHIP releases application for health care spend - Ameridose recalls all products 'out of an abundance of caution' - GAO: providers self-refer imaging services hurting Medicare - AHA urges MEDPAC to reconsider “site neutral” physician payments - Groups urge pricing transparency in health care Quotable Fact file Subscribe to the Health Care Reform Memo Deloitte Center for Health Solutions research Upcoming life sciences and health care Dbriefs webcasts Deloitte contacts My take From Paul Keckley, Executive Director, Deloitte Center for Health Solutions

November 5, 2012 Monday memo Health reform updateNov 05, 2012  · Medicare payments to hospital outpatient and ambulatory surgical center services care: Payments to 4,000 outpatient

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Page 1: November 5, 2012 Monday memo Health reform updateNov 05, 2012  · Medicare payments to hospital outpatient and ambulatory surgical center services care: Payments to 4,000 outpatient

Deloitte Center for Health Solutions

November 5, 2012

Monday memo

Health reform update

This week’s headlines: My take

Implementation update - Department of Justice will not contest Supreme Court decision to hear Liberty

University challenge - FTC: success of ACOs, anti-trust oversight focus of agency efforts to cut health costs

Legislative update - HHS issues rules on Medicare, Medicaid physician pay, outpatient payments - Public health emergency declared in New York - GAO: Medicare Part D discount program does not increase drug prices - AHA pursues lawsuit against HHS for denied reimbursements - Legislation introduced to allow veterans to access FEHBP for dental and vision - Massachusetts lawmaker introduces compounding pharmacies regulation - HHS backs flat-rate payment arrangement

State update - State round-up

Industry news - Beaumont-Henry Ford merger - Walmart announces carve out strategy - BMJ: published studies must provide access to scientific documentation

- FDA examines equivalence of generics

- Gene mapping project accelerates personalized medicine opportunities

- Deloitte acquires data analytics firm Recombinant

- Report: significant geographic variation in teaching hospitals

- AHIP releases application for health care spend - Ameridose recalls all products 'out of an abundance of caution'

- GAO: providers self-refer imaging services hurting Medicare

- AHA urges MEDPAC to reconsider “site neutral” physician payments

- Groups urge pricing transparency in health care

Quotable

Fact file

Subscribe to the Health Care Reform Memo

Deloitte Center for Health Solutions research

Upcoming life sciences and health care Dbriefs webcasts

Deloitte contacts

My take

From Paul Keckley, Executive Director, Deloitte Center for Health Solutions

Page 2: November 5, 2012 Monday memo Health reform updateNov 05, 2012  · Medicare payments to hospital outpatient and ambulatory surgical center services care: Payments to 4,000 outpatient

I had dinner with a European pharmaceutical executive Friday night. The topic: how the

U.S. elections might impact the global market for drugs and devices. I was struck by his

intense interest in knowing how the potential outcome of Tuesday’s races might impact

his company, even though the U.S. is less than 20% of his current revenues.

Sometimes it’s good to step back and see our elective process through the eyes of those

outside our system. In most democracies, the process appears messy, so ours may not

be as unique as we sometimes think. But our elective process matters to the world

because our economy may impact the world more than most, so the consequences of our

elections are high.

Per the polls, Tuesday’s vote will be about the state of our economy. Health care was the

third most important issue in the 2008 election behind the economy and Iraq, and this

year it will likely finish second behind the economy.

Opinions about the Affordable Care Act (ACA) will likely influence the outcome of races

for the White House, 435 seats in the U.S. House of Representatives, 33 seats in the U.S.

Senate and 11 Governor’s races. Polls indicate support for the ACA has eroded

somewhat during the campaign season so the majority of Americans are not convinced

the ACA is the answer to health reform. Then again, the majority also like key elements in

the law but not the law overall, such as having access to insurance regardless of a pre-

existing condition, which impacts 50 to 129 million Americans, and the concept of paying

providers for outcomes and value instead of volume/fee-for-service (FFS) makes sense to

the majority.

Based on what you know or have heard about the health reform law, is it a

good start or a step in the wrong direction?

Source: Deloitte 2012 Survey of Health Care Consumers

Looking past Tuesday’s results, there’s the matter of the law: the ACA. Both candidates

for the White House believe it can be improved. Both see merits in certain elements, and

both see areas where changes are necessary. Though their approaches differ, the reality

is regardless of who’s in the White House, health reforms that reduce costs while

increasing access and improving safety and quality will happen. It’s simple—we can’t

afford the status quo.

In the past decade, while annual median family income has shrunk 0.07% (inflation

adjusted), insurance premiums have increased 104% for employer-sponsored individual

coverage and 114% for family coverage, and national health expenditures increased by

6.5% per year in the same period. Those without health insurance are one in five

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households and one in three kids.

So the lame duck session’s 21 days of deliberation starts in two weeks, and the new

Congress will have no choice: fixing health care is necessary to recover our economy. But

it’s more than how we manage Medicare and Medicaid: it’s about how we encourage

innovation and enable its delivery to a global market. It’s about how we reduce costs

associated with unhealthy lifestyles and unhealthy environments. It’s about changing

medical education to equip caregivers with technologies or skills to coach consumers

rather than parent them. It’s about implementing incentives that reward right behaviors,

while eliminating fraud and waste aggressively. And it’s about constructing a coordinated

health system in the world’s strongest economy that leverages modern technologies,

embraces transparency and accountability, and rewards operational efficiencies resulting

in greatly improved value.

In the 113th Congress, 11 committees may revisit health reform and revise or repeal

provisions of the ACA, and the U.S. Department of Health and Human Services (HHS) will

continue to tackle urgent issues like how the exchanges are operated and overseen by

states, how essential health benefits are defined by states, how employers know whether

their shared responsibility meets criteria for affordable coverage, and many others. But in

the long term, there looms a larger question: what’s the right path in the U.S. to transform

our health system, even though most think that it is fundamentally flawed? The

complicating factors are obvious: most do not understand our system and have given little

thought to remedies, and long-term systemic solutions often run afoul of short-term

political and economic realities. No doubt the ACA will play a role, but health system

transformation is much bigger than this law whether one likes it or not.

I am grateful for the national attention health care reform is receiving resulting from the

debate about its passage. I wrote the first Monday Memo on February 9, 2009 when

negotiations about health reform were heating up, and I suspect regardless of Tuesday’s

outcome, the debate will continue because the path to health reform remains bumpy and

uneven.

Lest health care reform be issue one in 2016, starting Wednesday regardless of who is in

office, policymakers and industry leaders have a unique opportunity to level the path

toward a transformed health system. It’s time to pave the path. It can’t wait. And it matters

too much.

PS – Join us this Friday, November 9, for a national Dbrief: After the Presidential

Election: The Health Care Industry Response to discuss the election results and what they mean to health care industry stakeholders. To register click here.

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Implementation update

Department of Justice will not contest Supreme Court decision to hear

Liberty University challenge The U.S. Department of Justice (DOJ) issued a response to the U.S. Supreme Court’s

request for comment on whether the Court should hear Liberty University’s challenge to

the ACA. Liberty University asserts the individual and employer mandates violate religious

freedom, making the ACA unconstitutional. The DOJ will not contest a decision by the

Court to review the case, but believes Liberty’s claim lacks merit.

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Background: in November 2010 the Fourth Circuit District Court dismissed Liberty

University’s case challenging the constitutionality of the individual mandate that requires

individuals to purchase health insurance. In January 2011, the Fourth Circuit Court of

Appeals vacated the district court ruling and dismissed the case stating that the individual

mandate penalty was effectively a tax, therefore the Anti-Injunction Act (AIA) prohibits

lawsuits seeking to block collection of a tax prior to its effective date of January 2014. The

Supreme Court later ruled in June 2012 that the AIA does not apply to the mandate.

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FTC: success of ACOs, anti-trust oversight focus of agency efforts to cut

health costs Friday, the Federal Trade Commission (FTC) Chairman Jon Leibowitz told media his

agency was focused on three areas to achieve lower health costs: (1) increased oversight

of anti-competitive hospital mergers, (2) implementation of the pay-for-delay patent

settlement agreement between brand and generic drug makers that keep generics off the

market, and (3) increased flexibility in oversight of accountable care organizations (ACO).

“Health care is 18% of [gross domestic product] (GDP) in the United States. That is

unsustainable and unacceptable. So whatever we can do to reduce that cost we will,”

Leibowitz said. Data from ACOs in coming years should settle whether they are anti-

competitive or not. If they lower costs, expect to see them expand. If they end up raising

costs that will be more problematic.”

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Legislative update

HHS issues rules on Medicare, Medicaid physician pay, outpatient

payments Thursday, HHS released three final rules impacting provider payments in 2013:

Medicaid payments for doctors: requires Medicaid to reimburse primary care

providers at the same rate as Medicare beginning in calendar year (CY) 2013

through CY2014. The rate adjustment applies to physicians with a specialty

designation of family medicine, general internal medicine, or pediatric medicine.

The rule also includes a new policy to pay a physician or practitioner to coordinate

a patient's care in the 30 days following a hospital or nursing facility stay, and

changes to two quality reporting programs—the physician quality reporting

system and the electronic prescribing incentive program.

Note: the rule specifically covers only the difference between the Medicare rate

and states' Medicaid rates as of July 1, 2009.

Medicare payments to hospital outpatient and ambulatory surgical center services

care: Payments to 4,000 outpatient hospital facilities under the outpatient

prospective payment system would increase 1.8%—to $48.1 billion—in CY2013

and payments to ambulatory surgical centers will increase by 0.6% with projected

total payments totaling approximately $4.07 billion.

Medicare payments to home health agencies: payments for home health care

services will decrease by 0.01%—$10 million—in CY2013.

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Public health emergency declared in New York Friday, Secretary of HHS Kathleen Sebelius declared a public health emergency under

Section 319 of the Public Health Service Act for the state of New York following Hurricane

Sandy. Per Section 1135 of the Social Security Act, HHS can temporarily waive or modify

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certain procedural requirements under Medicare, Medicaid, and CHIP to ensure that

providers are reimbursed for services provided to individuals under extenuating

circumstances, such as environmental disasters when health care facilities are

compromised.

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GAO: Medicare Part D discount program does not increase drug prices The U.S. Government Accountability Office (GAO) released its report on the Center for

Medicare & Medicaid Services’ (CMS) oversight of the Medicare Part D Drug Discount

Program and its impact on the pricing of brand name drugs concluding that the program

has had no impact on the relationship between brand name drug pricing for beneficiaries

in the coverage gap or those below the coverage gap threshold. After the program was

implemented in 2011, the median drug price increased by 13% for both groups of

beneficiaries. Prior to program implementation, the median drug price increased by 36%

for those in the coverage gap and 35% for those below the coverage gap threshold

between 2007 and 2010.

Background: per Section 3301, ACA drug manufacturers participating in the Medicare

Part D program are required to provide beneficiaries a 50% discount on the plan

negotiated price for brand-name drugs at the point-of-sale when they reach the coverage

gap or “donut hole.” Beginning in 2013, Medicare will pay 2.5% of the plan-negotiated

price for brand-name drugs. Medicare will increase its subsidy to 25% for brand-name

drugs by 2020, while manufacturers will continue to pay the 50% discount through 2020.

GAO conducted this report at the request of Republican leaders of the House Committee

on Finance, Committee on Energy and Commerce, and Committee on Ways and Means

who raised concerns that drug manufacturers would increase prices for brand-name drugs

used by beneficiaries who are in the coverage gap more rapidly than for other drugs to

offset the required 50% discount.

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AHA pursues lawsuit against HHS for denied reimbursements Thursday, the American Hospital Association (AHA) and four other hospital systems filed

suit against HHS for denying payment based on Recovery Audit Contractors’ (RAC)

decisions to deny reimbursements on the grounds that the services provided by the

hospital, while reasonable and necessary, could have been provided more cost-effectively

in other settings (i.e., outpatient). The hospital plaintiffs argue that denying reimbursement

based on appropriate setting of care is unreasonable because RACs are not taking into

consideration the variables that may require a patient to be treated in a hospital setting vs.

an outpatient setting (i.e., high-risk patients).

Background: the RAC program is designed to identify and remediate billing errors. The

program was authorized in 2003 as a part of the Medicare Modernization Act of 2003,

officially established by the Tax Relief and Health Care Act of 2006, and expanded to

Medicaid per Section 6411 of the ACA.

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Legislation introduced to allow veterans to access FEHBP for dental and

vision Representative Marcia Fudge (D-OH) introduced legislation to allow veterans who receive

health care from the Department of Veterans Affairs (VA) to be eligible for supplemental

dental and vision insurance under the Federal Employees Health Benefits Program

(FEHBP) that provides dental and vision benefits through the Federal Employees Dental

and Vision Insurance Program. Currently, audiology and eye care services including

Page 6: November 5, 2012 Monday memo Health reform updateNov 05, 2012  · Medicare payments to hospital outpatient and ambulatory surgical center services care: Payments to 4,000 outpatient

preventive services and routine vision testing is provided to all enrolled veterans and

those exempt from enrollment. VA also provides all necessary dental care to those eligible

under Class I, IIC, or IV while Classes II, IIA, III, V, VI, and IIB are subject to time and/or

service limitations.

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Massachusetts lawmaker introduces compounding pharmacies regulation Friday, Representative Ed Markey (D-MA) introduced the “Verifying Authority and Legality

in Drug Compounding Act of 2012” to include compounded pharmaceuticals in the U.S.

Food and Drug Administration (FDA) Federal Food, Drug, and Cosmetic Act. According to

the bill, states would maintain regulatory authority over compounding pharmacies filling

prescriptions for individual patients, but would allow FDA to provide waivers to large scale

compounding operations to address a drug shortage or public health crisis. Compounding

pharmacies that produce large quantities as manufacturers, distribute across state line, or

receive waivers will be subject to FDA regulations and inspection. Absent a waiver from

FDA, pharmacies would be prohibited from producing drugs that are already commercially

available. The legislation would also require all compounded drug products be labeled as

not tested or approved by the FDA, and include information on how consumers can report

adverse reactions.

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HHS backs flat-rate payment arrangement The HHS Office of Inspector General (OIG) issued an advisory opinion on a hospital

emergency department per diem “flat-rate” physician payment model on Thursday,

concluding that it is acceptable as long as there is no intent to induce or reward physician

referrals of federal health care program business. According to OIG, on-call coverage

compensation creates potential risk that physicians may demand such compensation as a

condition of doing business at a hospital, and could be misused to entice physicians to

join or remain on the hospital’s staff or to generate additional business for the hospital.

OIG provided the analysis at the request of a charitable, non-profit hospital that pays a per

diem fee to specialist physicians for unrestricted on-call coverage for the emergency

department. The report highlighted several aspects of the hospital’s payment arrangement

that prevented anti-kickback violations including:

Commercially reasonable payment amounts, within the range of fair market value

for actual and necessary services provided without regard to referrals or other

business generated between the physician and hospital

No intent to compensate the physicians for all care they provide to patients

Uniform method of scheduling on-call coverage within each specialty, and

equitable policy that is not used to selectively reward the highest referrers

Hospital absorbs all costs and none accrue to federal health care programs

Background: per Section 1128 of the Social Security Act (the federal anti-kickback statute)

it is a criminal offense to knowingly and willfully offer, pay, solicit, or receive anything of

value, directly or indirectly, to induce or reward referrals of items or services reimbursable

by a federal health care program (i.e. Medicaid and Medicare). Violation of the statute

constitutes a felony punishable by a maximum fine of $25,000, imprisonment up to five

years, or both.

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State update

State round-up Washington received approval from CMS last week for a dual eligible, fee-for-

service medical home pilot program. HealthPathWashington will enroll 115,000

individual dual eligibles in medical homes that pay providers on a fee-for-service

basis that include bonuses for quality and cost management goals. The state

expects to save approximately $14 million over five years.

Note: Massachusetts is the only other state to receive CMS pilot approval. It will

use a capitated model to manage its dual eligibles program. Of the 26 proposals

submitted to CMS, 18 states proposed using the capitated model, five states

proposed the fee-for-service model, and three states proposed using a blend of

both.

Texas officials are awaiting the outcome of several lawsuits to decide whether the

Women’s Health Program can continue to receive federal funding if the state

excludes Planned Parenthood from the program because of its provision of abortion

services. Until a decision is made, Planned Parenthood will remain in the program.

Governor Rick Perry (R) has committed to managing the program entirely through

the use of state funds if necessary.

Despite a CMS decision to delay a bundled payment pilot program because of too few participants, New Jersey hospitals want to continue the project. The program

incentivizes hospitals and physicians to lower costs by improving inpatient

coordinated care. Support within the state stems from New Jersey hospitals that

have had success with an almost identical program. CMS has yet to decide if the

state’s hospitals can continue with the pilot.

In a letter to HHS, Governor Pat Quinn (D) declared that Illinois will participate in a

State Partnership Exchange with the federal government on the implementation and

operation of a health insurance exchange (HIX). State officials intend to control the

plan management and consumer assistance aspects of the exchange, and

administration of a reinsurance program would fall to the federal government. Quinn

expressed a commitment to operating an independent state-based exchange in

2015.

Note: states must declare what type of HIX they will be operating in their state in

2014 by November 16th, 2012.

According to the New Mexico HIX Advisory Task Force last week, the state has

spent only a fraction of its $34.2 million Level One Establishment Grant awarded to

assist in the creation of a HIX. State officials met with HHS to discuss progress to

date and remaining deliverables.

Note: Level One Establishment Grants are awarded for up to one year of funding to

states that have made some development under their exchange planning grant.

In a progress letter to Nebraska officials, CMS and the Center for Consumer

Information and Insurance Oversight (CCIIO) commended the state on its

operational progress to date on establishing a HIX. The letter also noted areas in

which the state needs improvement, including the state’s delay in choosing a

vendor to operate the information technology aspects of its HIX.

Cook County Illinois received approval last week of a Medicaid Section 1115

waiver to enroll 114,000 low-income residents of the county in the Medicaid

program before the Medicaid expansion in 2014. Although the county will also begin

paying its portion of the cost earlier than 2014, the waiver will save the state more

than $100 million per year for services that it has traditionally provided through

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uncompensated charity care.

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Industry news

Beaumont-Henry Ford merger Last week, leaders of the Beaumont Health System in Royal Oak, Michigan and the Henry

Ford Health System in Detroit announced plans to pursue a combination pending

completion of due diligence in the next 120 day period. The combined entity will have ten

hospitals, 38,000 employees and $6.4 billion in revenue including the Henry Ford health

plan’s premiums for 648,000 members.

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Walmart announces carve out strategy Walmart will contract for coronary bypass grafts, heart valve replacements, and other

complex cardiac surgeries. Procedures will be covered for Walmart employees at the

Cleveland Clinic in Cleveland, Ohio; the Geisinger Medical Center in Danville,

Pennsylvania; Mayo Clinic sites in Minnesota, Arizona and Florida; Scott & White

Memorial Hospital in Temple, Texas; and the Virginia Mason Medical Center in Seattle,

Washington. For spine surgeries including lumbar and cervical spinal fusion, it will

contract with Scott & White Memorial Hospital and Virginia Mason Medical Center. The

program is scheduled to begin in January 2013.

Note: Cleveland Clinic has a similar direct contract with Lowe’s for cardiac surgery.

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BMJ: published studies must provide access to scientific documentation The venerable British Medical Journal (BMJ) announced Wednesday it would require

authors to provide patient-level clinical trial data to BMJ as a pre-condition for publication.

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FDA examines equivalence of generics The FDA is looking at its generic oversight policies resulting from examination of the

bupropion, a generic version of a branded anti-depressant. It found the time release

feature of the drug varied from the branded equivalent, though the active ingredient was

the same. Complications from the generic drug prompted the FDA to consider how it

should oversee the 120 time-release drugs sold in the U.S. in 2011.

Note: time-release drugs are attractive to consumers because they can take the drugs

less frequently. Manufacturers like time-release drugs because they are provided patent

protection for the drug itself as well as the formula for time release.

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Gene mapping project accelerates personalized medicine opportunities Wednesday, the $120 million 1000 Genome Project announced it had successfully

sequenced the entire DNA of 1000 people in 14 populations spanning Asia, Europe,

Africa, and the Americas. The 700 participating scientists identified 38 million variations of

the average person’s 23,000 genes. The collaboration across multiple nationalities and

the structuring of the data as a toolkit for global researchers is thought to enhance

personalized medicine exploration.

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Deloitte acquires data analytics firm Recombinant Last Monday, Deloitte Consulting LLP announced the acquisition of Recombinant Data

Corporation, a data warehousing and clinical intelligence solutions firm for health care

organizations and academic medical centers. Now known as “Recombinant by Deloitte,”

the data analytics firm has seen growth in the health provider, medical research, life

sciences and government health markets providing tools in enterprise data integration,

population health analytics, clinical genome data assimilation and performance

management for accountable care organizations.

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Report: significant geographic variation in teaching hospitals The Dartmouth Institute for Health Policy and Clinical Practice’s analysis of 2010

Medicare data revealed significant regional variation of end-of-life care for chronically ill

beneficiaries treated in academic medical centers. The report also found that in areas with

more hospital beds and more doctors per capita, patients have longer hospital stays and

receive many more physician visits. According to the report, these trends suggest that

patients are receiving care, and resident physicians are receiving training based more on

local health resource supply and practice style than on evidence-based medicine.

Resource utilization for beneficiaries in the last six months of life varied significantly

between academic medical centers:

Hospital days per beneficiary: 8.9 days to 20.2 days

Physician visits per beneficiary: 19.7 visits to 72.6 visits

Percent of beneficiaries seeing ten or more physicians: 42.5% to 66%

Percent of beneficiaries enrolled in hospice: 24.5% to 59.1%

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AHIP releases application for health care spending Last week, America's Health Insurance Plans (AHIP) announced the launch of a new

interactive application for iPad that highlights key drivers of health care spending.

According to the press release, health stakeholders and policy makers will be able to

access interactive charts using 50 years of comprehensive health spending data from the

CBO, CMS, and the Office of Management and Budget on the new “U.S. Health Care

Spending 101” application.

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Ameridose recalls all products 'out of an abundance of caution' Thursday, the FDA announced that Ameridose LLC, a company sharing common

management with the New England Compounding Center (NECC) linked to the recent

fungal meningitis outbreak, has voluntarily recalled all of its unexpired products currently

on the market. A current FDA inspection of the company’s facility has raised concerns

about a lack of sterility assurance for products it produced and distributed. To date, no

reports of patients with infections associated with Ameridose’s products have been

reported, and FDA is recommending that health care providers do not need to follow-up

with patients who received the products.

Related: state health officials also requested that Sophia Pasedis, vice president of

regulatory affairs and compliance at Ameridose in Westborough, resign from the

Massachusetts Board of Registration in Pharmacy. As former president of the Board,

there is concern that she may have had influence regarding disciplinary actions for

NECC’s past violations. According to officials, board meeting minutes have provided no

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definitive proof that she recused herself from cases involving both companies.

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GAO: providers self-refer imaging services hurting Medicare A GAO report based on analysis of Medicare 2010 data revealed that providers who self-

referred made 67% more referrals (400,000 tests) for magnetic resonance imaging (MRI) /

computed tomography (CT) than those that did not self-refer, costing Medicare $109

million. GAO recommended that CMS insert a self-referral flag on its Medicare Part B

claims form and require providers to indicate whether the advanced imaging services are

self-referred or not, implement a payment reduction for self-referred advanced imaging

services when the same provider refers and performs a service, and develop an approach

to ensure the appropriateness of advanced imaging services referred by self-referring

providers.

Background: self-referral occurs when providers refer their patients to entities—such as

themselves or a group practice—with which they or an immediate family member has a

financial relationship. In 2010, Medicare FFS beneficiaries received 30 million advanced

imaging services. The total expenditures for all advanced imaging services billed under

Medicare reached $4.2 billion in 2010.

Reaction: “Qualified physicians regardless of their specialties should be able to provide

appropriate imaging services to their patients. Efforts to limit physicians would threaten

patient access to health care providers and technologies while obstructing coordinated

care models that have been proven to lower costs and improve care. As an alternative to

picking winners and losers among providers, policymakers should incentivize the use of

physician-developed appropriateness criteria to inform decisions between patients and

their doctors.”—The Medical Imaging & Technology Alliance, Executive Director, Gail

Rodriguez, October 2012

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AHA urges MEDPAC to reconsider “site neutral” physician payments Last week, the AHA wrote a letter to Medicare Payment Advisory Commission (MedPAC)

chairman Glenn Hackbarth expressing concern about its recommendation to expand the

use of the “site neutral” payment policy to hospital outpatient departments (HOPD). The

expansion of this payment model in conjunction with MedPAC’s recommendation to

reduce payment for certain evaluation and management services will result in a $2 billion

loss to HOPD’s next year, according to AHA.

Background: Medicare payments are higher for most services if they are provided in a

HOPD or provider-based entity than if they are provided in a freestanding physician

practice or professional office. At the October 4, 2012 MedPAC meeting, the commission

evaluated making Medicare payment rates for evaluation and management office visits

equal whether they are provided in HOPDs or freestanding practices.

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Groups urge pricing transparency in health care Catalyst for Payment Reform (CPR) released an issue brief and joint statement along with

American Association of Retired Persons, the National Business Coalition on Health,

Pacific Business Group on Health, The Leapfrog Group, and the Corporate Health Care

Coalition calling for health insurers and health care providers to make price information

more transparent for their employees and consumers. According to the statement, efforts

by some health plans and independent vendors to provide consumer-friendly health care

price tools are limited since hospital, physicians and some health plans restrict access to

price data. CPR maintains that purchasers and consumers need price transparency to

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help purchasers contain health care costs, inform consumers’ health care decisions as

they assume greater financial responsibility, and to reduce unknown and unwarranted

price variation in the health care system.

Background: CPR is an independent non-profit organization of larger employer health

care purchasers, including: 3M, Intel Corporation, Dow Chemical Company, Xerox

Corporation, Verizon, Walmart Stores, and General Electric.

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Quotable “We will implement the law [ACA] and work together to improve where we can. But our

country simply can’t afford to fight old political battles, reopen old wounds, and return to

the way things were. We are a nation that does what is hard and what is necessary and

what is right. And we will be better off 5, 10, 20 years from now because we had the courage and foresight to keep moving forward.” President Barack Obama, New England

Journal of Medicine, 367:15 October 11, 2012

“I believe the answer lies with patients and families, with reformed insurance markets and

fair competition, with strong consumer protections and real entitlement reform. My plan

tackles our health care challenges without a federal takeover of the entire system.

Instead, it relies on markets over regulations, doctors and patients over bureaucrats and

tailored state programs over a 2,700 page solution from Washington.” Mitt Romney, New

England Journal of Medicine, 367:15 October 11, 2012

“Investment in medical start-ups has dwindled of late as companies have struggled to go

public and deliver returns to venture capitalists. The Affordable Care Act, the health care

reform bill signed into law in 2010, would seem to be the salve these companies need.

Starting in 2014, most Americans will have to carry health insurance or pay a penalty.

This promises to create millions of new, paying customers for medical companies.” Brian

Gormley, Emily Maltby “Medical Start-ups Challenged by Health Care Reform, Wall Street

Journal, October 31, 2012

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Fact file Jobs: startups are 3% of U.S. employment but 20% of gross job creation. (Source:

Michael Porter, “What business should do to restore competitiveness ” Fortune,

October 15, 2012)

Healthy cities: 15 states or localities have adopted restrictions on unhealthy food

servings; for every 2% increase in calories from trans fat consumed, there’s a 23%

increase in risk of heart disease. If trans fats are taken out of food supply, 6-19% of heart attacks could be prevented, and 200,000 lives saved. (Source: David Agnus,

Fortune, “A doctor’s plea to politicians,” October 17, 2012)

Fungal meningitis compounding pharmacy update: as of Friday, November 2,

404 cases and 29 deaths. (Source: CDC, “Multistate Fungal Meningitis Outbreak

Investigation”, November 2, 2012)

Deficit: for FY2012: $1,089 trillion or 7% of GDP; total government debt

outstanding: $16.07 trillion or 103% of GDP (Source: David Wessel, The Wall

Street Journal, “Making Sense of Budget Lingo,” November 3, 2012)

Registered lobbyists: 11,700 in 2012, which is the lowest number since 2007

when there were 14,800. (Source: Damian Paletta, The Wall Street Journal,

“Romney Would Limit Lobbyist Roles,” November 1, 2012)

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Presidential polling on health care issues: NPR—47% trust Romney to handle

health care issues; 48% trust Obama. PEW research poll—candidate that best

represents women’s views on abortion: Obama 48% vs. Romney at 39%. Respondents place Obama ahead of Romney on Medicare: 48% vs. 43%. (Source:

National Public Radio, “Post-Debate National Survey of Likely Voters,” October 23-

25, 2012 and Pew Research Center for People & the Press, “Registered Voters,”

October 24-28, 2012)

Avoidable deaths: deaths per 100,000 that could have been avoided for U.S.

adults under 74: 106.9 for men and 84.5 for women; 20% higher than the UK and

Germany, and 30% higher than France (Source: Ellen Nolte and Martin McKee, “In

Amenable Mortality—Deaths Avoidable Through Health Care—Progress In The US

Lags That Of Three European Countries.” Health Affairs, September 2012)

High risk pool participation (Section 1101 of the ACA): increased from 82,000

in July 2012 to 86,072 in August 2012. (Source: HHS, “State by State Enrollment in

the Pre-Existing Condition Insurance Plan, as of August 31, 2012)

Private equity investment in health care: from 2010 to 2011, the amount of

investment capital in health care doubled from $15 billion to $30 billion (Source:

Kara Murphy and Tim van Biesen, “Global Healthcare Private Equity Report, Bain

and Company, 2012)

Patient expectations of cancer treatment: 69% of patients with lung cancer and

81% of patients with colorectal cancer did not report understanding that

chemotherapy was not at all likely to cure their cancer. The risk of reporting

inaccurate beliefs about chemotherapy was higher among patients who rated their

communication with their physician very favorably compared with those who rated

communication less favorably. (Source: Weeks et al., New England Journal of

Medicine, “Patients' Expectations about Effects of Chemotherapy for Advanced

Cancer,” October 2012)

Employee benefits costs: in 2011, workers’ benefits were 19.7% of total

compensation vs. 16.6% in 2000; benefits increased 10.8% from 2007-2011, or

$1,302 per worker while wages increased 1.4% of $777 in the same period (Source: USA Today analysis using U.S. Department of Commerce, Bureau of

Economic Analysis data, 2012)

Health care prices: health care prices in August 2012 were 2.4% higher than in

August 2011, the highest year-over-year reading since September 2010.

Prescription drugs had the most rapid year-over-year price growth at 4%, and

hospital prices accelerated to 3.6% since August 2011. (Source: Altarum Institute,

“Insights from Monthly Price Indices through August 2012,” October 11, 2012)

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Consulting LLP ([email protected])

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