6 latest healthcare industry lawsuits

https://www.beckershospitalreview.com/legal-regulatory-issues/6-latest-healthcare-industry-lawsuits-091018.html

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From national healthcare organizations refiling a lawsuit over 340B drug pricing program cuts to a Georgia physician accused of submitting thousands of false claims to Medicare, here are the latest healthcare industry lawsuits making headlines.  

1. CHS, Quorum say investors weren’t duped into buying stock at inflated prices
Franklin, Tenn.-based Community Health Systems and Brentwood, Tenn.-based Quorum Health urged a federal judge not to grant class certification in a shareholder lawsuit alleging Quorum’s stock was trading at an inflated price after its spinoff from CHS.

2. Georgia physician allegedly submitted 4,500 false claims for unnecessary lead poisoning treatments
Federal investigators allege Charles Adams, MD, a physician in Fort Oglethorpe, Ga., injected thousands of patients with a lead poisoning treatment they didn’t need, and billed the government $1.5 million for medically unnecessary treatments.

3. Premera Blue Cross accused of destroying evidence in data breach case
The plaintiffs in a class-action lawsuit against Premera Blue Cross, which involves a 2014 data security incident, claim the payer “willfully” destroyed evidence that would have provided details of the breach.

4. Hospitals refile lawsuit against CMS over $1.6B in 340B cuts
The American Hospital Association, along with several other national healthcare organizations and hospitals, refiled their lawsuit against HHS to reverse Medicare payment cuts for drugs purchased through CMS’ 340B drug pricing program, the AHA announced Sept. 5.

5. Medical center owners allegedly double billed insurers, altered patient records as part of $80M scheme
Four people were charged in an $80 million Medicare fraud scheme that involved providing unnecessary medical treatment to patients.

6. Physician imposter allegedly diagnosed patient at California hospital
A 23-year-old man is accused of impersonating a physician at California hospitals.

 

 

Dignity Health’s timekeeping software denies nurses overtime pay, lawsuit alleges

https://www.beckershospitalreview.com/legal-regulatory-issues/dignity-health-s-timekeeping-software-denies-nurses-overtime-pay-lawsuit-alleges.html

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Three nurses, who all worked for San Francisco-based Dignity Health at one time, filed a lawsuit against the health system Sept. 10, alleging seven of its regional hospitals denied them overtime pay, according to the Sacramento Business Journal.

The lawsuit, which is seeking class-action status, alleges the seven Dignity hospitals use timekeeping software that avoids paying nurses overtime.

Registered and licensed practical nurses at Dignity Health hospitals typically arrive 20-30 minutes before their shifts begin and stay 10-20 minutes after their shifts end for preparatory purposes, the lawsuit claims. However, nurses aren’t paid for this additional work because the timekeeping software allegedly rounds to the nearest hour.

“The result is RNs and LVNs are only paid for exactly 12 hours of work each shift (which is consistent with their paystubs), regardless of when they actually clock in or out,” the lawsuit states, according to the Sacramento Business Journal.

In an emailed statement to the Sacramento Business Journal, Dignity Health said it is reviewing the complaint and that it typically does not comment on pending litigation.

The following seven California hospitals are listed in the complaint: Woodland Memorial Hospital; Mercy General Hospital in Sacramento; Mercy Hospital of Folsom; Mercy San Juan Medical Center in Carmichael; Mercy Medical Center Redding; Methodist Hospital of Sacramento; and Sierra Nevada Memorial Hospital in Grass Valley.

 

 

The Last Company You Would Expect Is Reinventing Health Benefits

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Frustrated with insurers, some large companies — including a certain cable behemoth — are shedding long-held practices and adopting a do-it-yourself approach.

It’s hard to think of a company that seems less likely to transform health care.

It isn’t headquartered in Silicon Valley, with all the venture-backed start-ups. It’s not among the corporate giants — Amazon, Berkshire Hathaway and JPMorgan Chase — that recently announced, with much fanfare, a plan to overhaul the medical-industrial complex for their employees.

And it is among the most hated companies in the United States, according to many surveys on customer satisfaction.

It’s Comcast. The nation’s largest cable company — the $169 billion Philadelphia-based behemoth that also controls Universal Parks & Resorts, “Sunday Night Football” and MSNBC — is among a handful of employers declaring progress in reaching a much-desired goal. In the last five years, the company says, its health care costs have stayed nearly flat. They are increasing by about 1 percent a year, well under the 3 percent average of other large employers and below general inflation.

“They’re the most interesting and creative employer when it comes to health care benefits,” said Dr. Bob Kocher, a partner at Venrock, a venture capital firm whose portfolio companies have done business with Comcast. (The cable company declined over several months to provide executives for an interview on this topic.)

Comcast, which spends roughly $1.3 billion a year on health care for its 225,000 employees and families, has steered away from some of the traditional methods other companies impose to contain medical expenses. It rejected the popular corporate tack of getting employees to shoulder more of the rising costs — high-deductible plans, a mechanism that is notorious for discouraging people from seeking medical help.

Most employers now require their workers to pay a deductible before their insurance kicks in, with individuals on the hook for $1,500, on average, in upfront payouts, according to the Kaiser Family Foundation. Instead, Comcast lowered its deductible to $250 for most of its workers.

“We believe that no one should be required to be an expert in health care,” Shawn Leavitt, the executive overseeing benefits at Comcast, said in a 2015 interview with a consultant. “Our model is based on providing employees support and assistance in making the right decisions for themselves and their families. Employees should not feel alone, confused and overwhelmed when it comes to understanding and selecting their benefits.”

Cable TV subscribers who have felt confused and overwhelmed when dealing with Comcast customer service may be surprised to learn how nimbly the company has upgraded services for its employees. While Comcast continues to work with insurers, it has largely shunned them as a source of innovation. Instead, it has assembled its own portfolio of companies that it contracts with, and invests in some of them through a venture capital arm, Comcast Ventures.

Turning to health start-ups for new benefits

One such company is Accolade, in which Comcast is an investor, and which provides independent guides called navigators to help employees use their health benefits. Another, called Grand Rounds, offers second opinions and help in finding a doctor. Comcast was also among the first major employers to offer workers access to a doctor via cellphone through Doctor on Demand, a telehealth company.

“We see the start-up community as where the real disruption is taking place,” said Brian Marcotte, the chief executive of the National Business Group on Health, which represents large employers. “We weren’t seeing enough innovation.” The group now vets some of these companies for employers, including Comcast.

Comcast “is the tip of the spear,” Mr. Marcotte said.

The corporation, of course, is controlling costs and offering these unusual benefits out of self-interest. And these services are sometimes handed out at the expense of improving wages. In a tight labor market, Comcast also needs to remain competitive for not only highly skilled employees, but also lower-wage workers whose direct contact with customers has generated so much dissatisfaction over the years. “We do these things because it’s great for business,” Mr. Leavitt said.

But much of what sets Comcast apart is its willingness to directly tackle its medical costs rather than relying on others — insurers, consultants or associations. It’s a luxury only the largest companies can afford, and roughly a fifth of big companies continue to see annual cost increases of more than 10 percent, according to Mercer, a benefits consultant.

While fate may play a role — a single expensive medical claim can drive up a company’s costs in any given year — employers, like Comcast, that use a variety of strategies tend to have the lowest annual increases. “You attack this thing from different angles,” said Beth Umland, Mercer’s director of research for health and benefits. “The intensity of effort pays off.”

Some companies are shaking up hospitals and doctors

Other employers are focusing more attention on unsatisfying hospitals and doctors. Walmart has been at the forefront of efforts to direct employees to specific providers to get medical care, even if it means paying their travel to places like the Mayo Clinic.

The retailer said it had found, for example, that employees were being told they needed back surgery even when they would not benefit from the procedure. “Walmart isn’t going to stand for this,” said Marcus Osborne, a benefits executive, at a health business conference. “We aren’t going to sit around to try to build another coalition or bureaucracy.”

The majority of working-age Americans — some 155 million — get their health insurance through an employer, and most companies cover their own medical costs. The companies rely on insurers to handle the paperwork and to contract with hospitals and doctors. Insurers may also suggest programs like disease management or wellness to help companies control costs.

But employers, including that Amazon-Berkshire-JPMorgan alliance, are increasingly unhappy with the nation’s health care systems. Companies are paying more than they ever have. And their employees, saddled with escalating out-of-pocket costs and a confusing maze, aren’t well served, either. “The results haven’t been there,” said Jim Winkler, a senior executive at Aon, a benefits consultant. “There’s frustration.”

At Comcast, some workers probably miss out on the new ventures altogether and others don’t have much choice but to go along. The company’s relationship with labor is often strained, and it has largely managed to fend off efforts by groups like the Communications Workers of America to organize its employees. Robert Speer, an official with a local of the International Brotherhood of Electrical Workers in New Jersey that represents about 180 workers, noted the company’s use of independent contractors to do much of its work, none of whom are eligible for benefits and can be paid by the job rather than hourly. “You are making no money,” he said.

And, like many other workers, many employees are being pinched by the rising cost of premiums, Mr. Speer said.

Comcast workers with company coverage are told to go to Accolade first. Its phone number appears on the back of their insurance cards and on the benefits website. “The key to Accolade’s success is being the one place to go,” said Tom Spann, a co-founder of the company.

Geoff Girardin, 27, used Accolade when he worked at Comcast a few years ago and he and his wife were expecting. “Our introduction to Accolade was our introduction to our first kid,” Mr. Girardin said. He credits Accolade for telling him his wife was eligible for a free breast pump and helping find a pediatrician when the family moved. “It was a huge, huge help to have somebody who knew the ins and outs” of the system, he said.

For employees like Jerry Kosturko, 63, who survived colon cancer, Accolade was helpful in steering him through complicated medical decisions. When he needed an M.R.I., his navigator recommended a free-standing imaging center to save money. “They will tell me what things will cost ahead of time,” Mr. Kosturko said.

A nurse at Accolade helped him manage symptoms after he had surgery for bladder cancer in 2014. He developed terrible spasms because, he said, he wasn’t warned to avoid caffeine. The Accolade nurse thought to ask him and quickly urged him to call his doctor for medicine to ease his symptoms.

Mr. Kosturko also turned to Grand Rounds when his doctor thought he might need to stay overnight in the hospital to be tested for sleep apnea. The second opinion convinced him he did not.

In complicated cases, Grand Rounds can serve as a check on the network assembled by the insurer. It pointed to the case of Ana Reyes, 39, who does not work for Comcast and had contacted Grand Rounds after treatment for cervical cancer. When she continued to have symptoms, she says, she was told to wait to see if they persisted.

“This is my life at stake,” she recalled in an interview. “I need to know what I’m doing is the best plan.” Grand Rounds asked a specialist at Duke University School of Medicine, Dr. Andrew Berchuck, to review her case.

“Grand Rounds was able to get all my medical records, which is over 1,000 pages,” Ms. Reyes said. Dr. Berchuck reviewed and wrote his opinion in one week, recommending a hysterectomy because she was likely to have some residual cancer. “The same day, my treating physician, she called me to schedule a hysterectomy,” Ms. Reyes said.

Insurers are usually none too pleased with the employers’ use of alternatives: They’re reluctant to share information with an outside company and poised to undercut a potential competitor by offering a cheaper price. They may even refuse to work with some of the companies.

The largest employers push back. Fidelity Investments insists on cooperation between insurers and outsiders, said Jennifer Hanson, an executive at Fidelity Investments. “Those who don’t will be fired,” she said at a health business conference.

For Comcast, the next frontier is the financial well-being of its employees, many of whom live paycheck to paycheck and may not be able to afford even a small co-payment toward a doctor’s visit. Employees who run into financial trouble have no independent source of information, Mr. Spann said.

After talking to hundreds of companies, Comcast Ventures could not find a financial services start-up that would help employees without trying to sell them a product or earning their money on commissions. So Comcast recruited Mr. Spann to serve as chief executive of a new company, Brightside, that it created and invested in.

Employees who are less worried about their finances may be less likely to miss work or suffer from health problems, Mr. Leavitt said. Ultimately, he said, “there is a productivity play for Comcast.”

 

 

Doctors Leaving Atrium Buck The National Trend Of Groups Joining Hospitals

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Hospital systems have been on a buying binge the last few years, gobbling up doctors’ practices. By one estimate, nearly a third of medical practices nationwide are now part of a large hospital network.

But one large group of physicians is going in another direction – it’s breaking away from Atrium Health and opening an independent practice next month.
A whiteboard at the temporary Tryon Medical Partners office counts down the number of days till the practice opens. It’s made up of 88 primary care and specialty doctors who are leaving Atrium Health, formerly Carolinas HealthCare System. One of them is Dr. Dale Owen.

“Just because everybody else may be selling that doesn’t mean that we are not at the peak and it’s going to start the other direction,” he said. “Because I really think that’s what’s happening. Because we cannot keep doing the same thing. We can’t just keep buying up groups and then doctors not have any say and then expect a different outcome from the very same process each time.”

Owen is a cardiologist and CEO of the practice, called Tryon Medical Partners. The mood is different now than it was five months ago. Owen and the rest of the doctors sued Atrium so they could leave and start this practice. The hospital relented.

The doctors’ lawsuit said Atrium was making changes like cutting the number of registered nurses assisting doctors, and moving nurses from individual doctors’ offices and to a central a call center.

In preparation for the opening next month, rows of nurses are in a South Park office building taking calls from patients.

They answer questions from patients and schedule appointments. The practice will stagger the opening of eight locations in the Charlotte metro area throughout the next several months, roughly mirroring the locations of the Atrium affiliated Mecklenburg Medical Group’s offices.

What the doctors are doing is unusual. The national trend for the past several years has been practices joining hospital systems. As of 2016, about a third of doctors’ practices were owned by a hospital – a more than 100 percent increase in just four years, according to a study for the Physicians Advocacy Institute and Avalere Health. Hospitals bought 5,000 practices between July 2015 and 2016 alone.

Lisa Bielamowicz is a doctor and president of Gist Healthcare, a Washington D.C. based consulting company. She said hospitals are buying up these practices to grow their networks and keep patients in the system. Physicians sought stability and help with increasing administrative tasks due to increasing regulatory changes.

“So far there hasn’t been a ton of flux away from employment relationships. If you have health system employ hundreds of physicians, of course, there is going to be a handful chose to leave for a variety of reasons,” she said. “But it’s very rare that a group of dozens or more of physicians will leave en masse from a health system. Now that said given where the market is going and all of the change that’s occurring now it’s something that we would expect to see more of down the road.”

Because, Bielamowicz said, some doctors have found being an employee of a large health system isn’t all it’s cracked up to be.

“Most doctors are trained to be independent thinkers and don’t think of themselves as being employees of any organization even if someone is giving them a paycheck and a W2 every year,” she said. “The idea of a parent or employer organization putting limits around how they operate their office or how they would practice, the types of care that they deliver is something very difficult for a lot of physicians to adjust to.”

A few doctors from the original practice decided to stay with Atrium. The health system has said it’s hired nearly 50 providers who have already started or will start by October. As the opening date nears, Owen said his adrenaline is high and he’s excited to practice on his own terms.

“There have been lots of people who said it was going to be too hard to be independent and you can imagine that the hospitals might think that and other independent organizations because they were already independent. Plus, when you are the first do it at this kind of scale and on the backs of primary care. Everybody is going to be watching it.”

Owen and the doctors will start seeing patients the first week in September.