Author Archives: henrykotula

Patients Caught In Crossfire Between Giant Hospital Chain, Large Insurer

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Patients Caught In Crossfire Between Giant Hospital Chain, Large Insurer

After Zoe Friedland became pregnant with her first child, she was picky about choosing a doctor to guide her through delivery.

“With so many unpredictable things that can happen with a pregnancy, I wanted someone I could trust,” Friedland said. That person also had to be in the health insurance network of Cigna, the insurer that covers Friedland through her husband’s employer.

Friedland found an OB-GYN she liked, who told her that she delivered only at Sequoia Hospital in Redwood City, California, a part of San Francisco-based Dignity Health. Friedland and her husband, Bert Kaufman, live in Menlo Park, about 5 miles from the hospital, so that was not a problem for them — until Dec. 12.

That’s the day Friedland and Kaufman received a letter from Cigna informing them their care at Sequoia might not be covered after Jan. 1. The insurance company had not signed a contract for 2020 with the hospital operator, which meant Sequoia and many other Dignity medical facilities around the state would no longer be in Cigna’s network in the new year.

Suddenly, it looked as if having their first baby at Sequoia could cost Friedland and Kaufman tens of thousands of dollars.

“I was honestly shocked that this could even happen because it hadn’t entered my mind as a possibility,” Friedland said.

She and her husband are among an estimated 16,600 people caught in a financial dispute between two gigantic health care companies. Cigna is one of the largest health insurance companies in the nation, and Dignity Health has 31 hospitals in California, as well as seven in Arizona and three in Nevada. The contract fight affects Dignity’s California and Nevada hospitals, but not the ones in Arizona.

“The problem is price,” Cigna said in a statement just before the old contract expired on Dec. 31. “Dignity thinks that Cigna customers should pay substantially more than what is normal in the region, and we think that’s just wrong.”

Tammy Wilcox, a senior vice president at Dignity, said, “At a time when many nonprofit community hospitals are struggling, Cigna is making billions of dollars in profits each year. Yet Cigna is demanding that it pay local hospitals even less.”

In 2018, the most recent full year for which earnings data is available, Cigna generated operating income of $3.6 billion on revenue of approximately $48 billion. Dignity Health reported operating income of $529 million on revenue of $14.2 billion in its 2018 fiscal year.

It’s possible Cigna and Dignity can still reach an agreement. Both sides said they will keep trying, though no talks are scheduled.

Disagreements between insurers and health systems that leave patients stranded are a perennial problem in U.S. health care. Glenn Melnick, a professor of health economics at the University of Southern California, said such disputes, which are disruptive to consumers, are often settled.

Melnick believes Dignity is using an “all or nothing” strategy in contract negotiations, meaning either all its facilities are in the insurer’s network or none are.

“This allows them to increase their market power to get higher prices, which is not necessarily good for consumers,” Melnick said.

Dignity replied in an emailed statement: “We do not require payers to contract with all or none of Dignity Health’s providers. We do try to make sure patients have access to the full range of Dignity Health services and facilities in each of our communities.”

Dignity faces a number of legal and financial challenges while it works to implement a February 2019 merger with Englewood, Colorado-based Catholic Health Initiatives that created one of the nation’s largest Catholic hospital systems — known as CommonSpirit Health.

California Attorney General Xavier Becerra approved the deal with conditions, including that Dignity’s California hospitals spend $10 million in the first three years on services for people experiencing homelessness and offer free care to more low-income patients.

The requirement to treat more poor patients at no charge followed a period, from 2011 to 2016, in which Dignity’s charity care declined about 35% while its net income was $3.2 billion.

Last October, CommonSpirit announced an operating loss of $582 million on revenue of nearly $29 billion for the 2019 fiscal year, its first annual financial statement after the merger took effect. Much of the loss was due to merger-related costs and special charges.

The same month, Dignity completed a five-year “corporate integrity agreement” with the U.S. Office of the Inspector General following an investigation into how it billed the government for hospital inpatient stays. Dignity said it “fully complied” with the agreement.

Dignity is also defending itself in a class-action lawsuit alleging that it bills uninsured patients at grossly inflated rates even though it claims to provide “affordable” care at “the lowest possible cost.”

More recently, an appeals court judge ruled Dignity could not charge higher prices — often a lot higher than state-set rates — for treating enrollees of L.A. Care’s Medi-Cal health plan at its Northridge Hospital Medical Center.

Dignity disagreed with the court’s ruling in that case, saying that although the Northridge facility did not have a contract with L.A. Care, many of the health plan’s enrollees who initially sought emergency treatment there stayed in the hospital for additional care after they had been stabilized. The hospital “seeks appropriate reimbursement for providing this care,” Dignity said.

If Dignity does not reach an agreement with Cigna, its hospitals, outpatient surgery centers and medical groups in most of California will soon be out-of-network for many Cigna enrollees. In-network coverage for Open Access (OAP) and Preferred Provider (PPO) ended Feb. 1, and for HMO patients it is set to end April 1.

Peter Welch, president and general manager for Cigna in Northern California and the Pacific Northwest, said Cigna can provide “adequate access” to other hospitals and doctors.

Certain Cigna enrollees can apply to continue visiting Dignity facilities and doctors under California’s Continuity of Care law, enacted in 2014. Eligible enrollees include patients with chronic conditions, those already scheduled for pre-authorized services, people in need of emergency care and pregnant women in their third trimester.

Friedland and Kaufman applied, hoping she would be able to continue seeing her Dignity-affiliated OB-GYN at in-network rates.

On Jan. 22, less than a month from Friedland’s Feb. 15 due date, they received written confirmation that their request had been approved. They wouldn’t have to shop for a new doctor or face stiff medical bills after all.

Early Tuesday evening, Friedland gave birth to a baby girl, Eliza, who entered the world 11 days earlier than expected, weighing in at 7 pounds, 3 ounces.

“While the ordeal was stressful, and the communication fraught, we were happy to receive confirmation of continuity of care and that it ended in the best possible way — with the birth of our healthy baby daughter with the provider where we established care,” Kaufman said. “For the sake of those caught in the middle and now having to start relationships with new health care providers, we hope the two sides can come to an agreement.”

 

 

 

Latest boost for Medicare Advantage

Posted on by • Posted in 2020 Election Issues, Health Insurance Industry, Health Policy, Medicare, Medicare Advantage, Telemedicine • Leave a comment

https://www.axios.com/newsletters/axios-vitals-0460cccc-499e-4609-80e6-745311cef1ad.html?utm_source=newsletter&utm_medium=email&utm_campaign=newsletter_axiosvitals&stream=top

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The Trump administration yesterday announced more changes designed to make Medicare Advantage more appealing and to lower prescription drug costs for seniors.

Why it matters: Although the proposal mainly tinkers around the edges, it could have a meaningful impact on some seniors’ pocketbooks while furthering the administration’s commitment to Medicare Advantage, a cash cow for insurers.

Details: The proposal aims to create more transparency within Medicare’s prescription drug benefit, and to enhance price competition.

  • Beginning in 2022, plans would be required to give beneficiaries tools to compare the out-of-pocket costs of different drugs, which would allow patients to know their drug costs ahead of time and to shop around for the cheapest medications.
  • The proposal also aims to create more price competition among specialty drugs, which tend to be the most expensive drugs on the market.

It also would allow all seniors with end-stage renal disease to enroll in Medicare Advantage, beginning in 2021.

  • Medicare Advantage beneficiaries this year are gaining access to telehealth benefits that aren’t available to seniors enrolled in traditional fee-for-service Medicare, and the new proposal would build on these benefits.

 

 

 

Failure of Fiduciary Duty?

Posted on by • Posted in 2020 Election Issues, Board, Fiduciary, Fiduciary Duty, Health Policy, Private Equity, Venture Capital • Leave a comment

https://www.axios.com/newsletters/axios-vitals-0460cccc-499e-4609-80e6-745311cef1ad.html?utm_source=newsletter&utm_medium=email&utm_campaign=newsletter_axiosvitals&stream=top

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Sen. Bernie Sanders still may eke out a win in Iowa, and is the consensus front-runner in New Hampshire.

  • But most venture capitalists investing in America’s health care industry — the primary target of Bernie’s ire — have shoved their heads so deep in the sand that they’ve found water, Axios’ Dan Primack writes.

Why it matters: At some point, it could become a failure of fiduciary duty.

Health care accounts for over 20% of all U.S. venture activity.

  • A majority of that is in biotech/pharma, which last year saw 866 deals raise around $16.6 billion.
  • Investors view many of those deals as binary: Either the drug doesn’t work, resulting in a total write-off, or it does work and the financial sky’s the limit. Strike out or grand slam.
  • Sanders pledges to limit the upside, either by limiting drug prices under the current system or (if he gets Medicare for All) by establishing a single, centralized buyer.

Few health care VCs Dan spoke with are working on a Plan B in the event of their risk/reward models being made obsolete. Three main reasons:

  1. They don’t believe Sanders will win.
  2. Even if he does win, they don’t believe Sanders will get Medicare for All.
  3. If Sanders wins and implements his full plan, then it’s such a revolutionary shift that there’s not much health care VCs can do to counter it.

The bottom line: For now, health care venture’s strategy is see no Bernie, hear no Bernie. We’ll see how long that’s viable.

 

 

 

The Recurring Themes of Disease Outbreaks

Posted on by • Posted in Communication, Disease Outbreaks, Health Policy, Infection Control, Infectious Virus, Pandemic, Quarantine • Leave a comment

The Recurring Themes of Disease Outbreaks

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With news this weekend that the coronavirus is poised to become a global pandemic and that China covered up early evidence of its spread, I was pleased to see an article from Ashley Fuoco Antonelli of the Advisory Board’s Daily Briefing revisiting a four-year-old post of mine. Kristina Daugirdas (my wife) and I had just taught a class on global outbreaks, and we pulled together a list of recurring patterns.

Fuoco Antonelli goes through that list and carefully shows how each of them maps pretty well onto what we’ve seen so far with the coronavirus. Here’s a taste:

Bagley’s 2016 list features several recurring themes that center on governments’ responses to disease outbreaks. For instance, three themes that he highlighted are:

  • “Governments are typically unprepared, disorganized, and resistant to taking steps necessary to contain infectious diseases, especially in their early phases”;
  • “Public officials are reluctant to publicize infections for fear of devastating the economy”; and
  • “Local, state, federal, and global governing bodies are apt to point fingers at one another over who’s responsible for taking action. Clear lines of authority are lacking.”

Each of those themes certainly holds true today. Media outlets have reported that China was slow to report the new coronavirus outbreak and implement measures to contain it. And some observers have questioned whether Chinese officials downplayed the outbreak’s severity.

For example, the New York Times‘s Li Yuan writes that, as the first cases of the virus emerged, officials “insisted that it was controlled and treatable,” and “the [Chinese] government took pains to keep up appearances.” For example, she notes, “[T]wo days before Wuhan told the world about the severity of the outbreak, it hosted a potluck banquet attended by more than 40,000 families so the city could apply for a world record for most dishes served at an event.”

Media reports also have highlighted complications and conflict between local and central officials in China regarding what information could be shared with the public. For instance, the Wall Street Journal‘s Josh Chin writes that Wuhan Mayor Zhou Xianwang has cited rules set by leaders in Beijing for “limit[ing] what he could disclose about the threat posed by the pathogen.”

As I told Fuoco Antonelli, there’s a sense that we’ve seen this movie before, and history offers us resources for thinking about how this is likely to play out. That may explain why some of the best writing on the virus has come from historians of infectious disease—including in particular my colleague Howard Markel, who has criticized the Chinese authorities for their heavy-handed quarantine.

I wanted to close by flagging Ashish Jha’s recent post at the Health Affairs Blog. Ashish takes an early look at the American response and closes with a look toward the future:

Here is the bottom line: we need to be doing more. This outbreak, under the best of circumstances, is going to cost countries around the world tens of billions of U.S. dollars and American businesses possibly many billions more. Yet we spend a fraction of that each year on vaccine platforms, research on viruses, and capacity-building for rapid vaccine production.  Firefighting is always more expensive than fire prevention. In a highly connected world, with climate change upon us, novel disease outbreaks that become global is the new normal.

Indeed, if history teaches us anything, it’s that outbreaks of novel infectious diseases have always been normal. Even so, we’re almost never ready. History teaches us that too.

 

Payers, providers urge CMS to scrap rule targeting supplemental Medicaid payments

Posted on by • Posted in Health Policy, Health System, Hospital, Hospital Industry, Medicaid, Medicaid Supplemental Payments • Leave a comment

https://www.healthcaredive.com/news/payers-providers-urge-cms-to-scrap-rule-targeting-supplemental-medicaid-pa/571573/

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Dive Brief:

  • Payer and provider lobbying groups are urging CMS to pull back a proposed rule that aims to clamp down on supplemental Medicaid payments in order to contain spending growth.
  • The American Hospital Association wants CMS to withdraw the rule, warning it would “severely curtail the availability of health care services to millions of individuals,” according to comments it submitted in response to the proposal.
  • The insurance lobby wants CMS to start with a “more limited initial step” and focus on gathering data so it can “fully assess the current landscape of state Medicaid funding and payment mechanisms,” America’s Health Insurance Plans said in its comments. The Association for Community Affiliated Plans also asked the agency to withdraw the rule.

Dive Insight:

A sharp rise in these supplemental Medicaid payments caught the attention of CMS as spending has continued to increase and much of the growth has come from the federal share of the program, according to the agency.

These supplemental payments from the federal government to the states have risen from 9.4% of all other payments in fiscal year 2010 to 17.5% in 2017. This growth comes with “an urgent responsibility to ensure sound stewardship and oversight of the Medicaid program,” CMS said in November as it rolled out the proposed rule called Medicaid Fiscal Accountability Regulation.

A 2015 Government Accountability Office report found that states are increasingly relying on providers to help them finance the state’s portion of Medicaid funding. “A small number of providers supplied funds to the state for the nonfederal share, generally through intergovernmental fund transfers or provider taxes, and in turn received large supplemental payments, enabling states to obtain billions of dollars in additional federal matching funds,” according to the report.

CMS argues the proposed rule, which calls for states to provide more detailed information on these supplemental payments, including provider-specific payment data, would help beef up its oversight of the program.

AHA warned, however, the rule could cut Medicaid payments to hospitals by up to $31 billion annually, or nearly 17% of total hospital program payments. The group also argued the changes violate the Administrative Procedures Act and due process protections in the Constitution.

The Association of American Medical Colleges also opposed the rule, saying it would “limit the federal government’s congressionally mandated responsibility to the Medicaid program and could result in reductions in coverage, access, and quality care for the millions of vulnerable patients who rely on this critical program.”

CMS and the GAO report have noted a lack of data about these payments once they reach the states, making it hard to do any sort of analysis. In fact, GAO complained that the state of California did not have data on these payments for the agency to do an assessment.