Memorial Hermann hit with $1M retaliation suit by former employee

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A former physician peer review coordinator for Houston-based Memorial Hermann Health System has sued the health system for $1 million, claiming she was fired in retaliation after she refused to reveal confidential information.

In the lawsuit, pending in Harris County (Texas) District Court, Gertrude Johnson alleges that beginning in 2018 Memorial Hermann asked her to reveal confidential and protected information related to the health system’s surgeons’ peer review grades. She was allegedly asked to disclose the information during “filter committee” meetings, which are open meetings that are not confidential.

Ms. Johnson told several health system officials she believed disclosing the information to the filter committee would violate Texas and/or federal law. Despite her concerns, the health system allegedly required Ms. Johnson to share the information.

Ms. Johnson alleges she was fired in May 2018 for reporting her concerns about disclosing the confidential information. Although health system officials allegedly told Ms. Johnson her position had been eliminated, she claims Memorial Hermann planned to fill her position again in July 2018. Ms. Johnson alleges Memorial Hermann “created a pre-textual basis for the termination to hide its true intent.”

A Memorial Hermann spokesperson told Becker’s Tuesday morning that the health system had not been served with the lawsuit and had no comment on the pending litigation.

 

Geisinger slashes opioid prescriptions by 50% since 2014, saving $1M per year

https://www.beckershospitalreview.com/opioids/geisinger-slashes-opioid-prescriptions-by-50-since-2014-saving-1m-per-year.html

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Danville, Pa.-based Geisinger Health System has cut opioid prescriptions in half since 2014, saving the health system an average of about $1 million annually, according to The Sentinel.

Here are four things to know:

1. Geisinger told The Sentinel it has managed to slash opioid prescriptions from 60,000 to 31,000 on average per month since 2014, in part by focusing on a pain reducing regimen consisting of physical therapy and changes in patients’ diet and behavior. Exceptions are made for some patients, such as those in oncology, according to the report. Patients who do receive opioid prescriptions receive a seven-day maximum supply.

2. The reduction also stemmed from the health system’s shift to electronic prescribing, which began in August 2017. Geisinger’s analytics and IT teams developed an electronic provider dashboard to identify and track the highest prescribing physicians and discuss the latest research in prescribing practices with them before addressing clinicians systemwide.

“As we put [the data] in front of [clinicians], the typical response we received was, ‘Wow, I didn’t know I was prescribing that much,'” Mike Evans, vice president and chief pharmacy officer for Geisinger, told The Sentinel.

3. Mr. Evans said the health system plans to end paper prescribing of opioids this summer. He also acknowledged the importance of cybersecurity measures to prevent potential hacking.

4. John Kravitz, CIO of Geisinger, told The Sentinel the health system’s efforts to curb opioid prescribing have cost less than $500,000 but have saved the system an estimated $1 million annually.

To access the full report, click here.

 

 

About 30 New Lawsuits Await Supreme Court Input in High-Stakes DSH Payments Case

https://www.healthleadersmedia.com/finance/about-30-new-lawsuits-await-supreme-court-input-high-stakes-dsh-payments-case

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In latest filing, HHS argues there’s a broader principle at play than the potential reimbursements totaling up to $4 billion.

As the U.S. Supreme Court prepares to consider this fall whether to take up a case implicating potentially billions of dollars in Medicare payments, hospitals that provide high rates of uncompensated care are lining up to ask the federal government for their piece of the pie.

The D.C. Circuit Court ruled less than a year ago that Health and Human Services violated the Medicare statute by failing to conduct a notice-and-comment rulemaking process when it implemented a policy affecting disproportionate-share hospital (DSH) reimbursements. Since then, providers have filed about 30 lawsuits in the D.C. District Court raising similar claims, according to a filing submitted Thursday to the Supreme Court on HHS Secretary Alex Azar’s behalf.

Some of the suits include dozens of plaintiffs. Most of them have been stayed pending the Supreme Court’s next move.

“The monetary stakes and hospitals’ legal sophistication will likely lead to future cases raising similar issues being litigated in the District of Columbia, where the decision below constitutes binding precedent,” Solicitor General Noel J. Francisco wrote in the filing, arguing that the Supreme Court should take the case so HHS may argue that the appellate court’s decision should be overruled.


The respondents—who argued the Supreme Court should deny the HHS request and let the Circuit Court decision stand—include just nine hospitals, but their claims for a single year total $48.5 million in additional reimbursement. Considering that about 2,700 hospitals receive DSH payments, the financial stakes surrounding this case are clearly quite high.

Although the appellate court sided with the hospitals’ claim that HHS broke the law by skipping notice-and-comment rulemaking, the latest HHS filing argues that the ruling was faulty and that there’s a broader issue at play.

The respondents both “miss the point and are wrong” about the legal standard, the HHS filing states.

“They miss the point because the logic of the decision below would apply to any context in which the agency gives its contractors interpretive instructions about making initial reimbursement decisions,” the filing states, noting that providers have the option to challenge initial cost-reporting determinations.

In other words, if HHS is required to engage in notice-and-comment rulemaking to calculate DSH reimbursements, then it must be required to do the same in other matters that would make running Medicare and other programs unworkable, HHS argues.

The Supreme Court is set to consider in a conference September 24 whether to take up the case.

 

 

19 emergency departments honored for leadership, quality

https://www.beckershospitalreview.com/rankings-and-ratings/19-emergency-departments-honored-for-leadership-quality.html

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The Emergency Nurses Association recognized 19 emergency departments across the U.S. with its Lantern Award, which honors EDs that demonstrate excellent performance in leadership, practice, education, advocacy and research.

The award is named in honor of Florence Nightingale, referred to as the “Lady of the Lamp” for carrying a lantern as she cared for wounded soldiers in the night during the Crimean War.

“The Lantern Award acts as a visible symbol to patients that the receiving emergency department values excellence and delivers exceptional care,” said ENA President Jeff Solheim, MSN, RN. “It shines a light on that emergency department’s commitment to providing safe practice and safe care.”

Here are the 19 Lantern Award recipients for 2018:

1. AtlantiCare Regional Medical Center — Hammonton (N.J.) Satellite Emergency Department
2. Belton (Mo.) Regional Medical Center Emergency Department — HCA Midwest Health System
3. Bethesda Butler Hospital Emergency Department — TriHealth (Hamilton, Ohio)
4. Bon Secours St. Mary’s Hospital Pediatric Emergency Department (Richmond, Va.)
5. Boston Children’s Hospital Emergency Department
6. Hughes Spalding Hospital Emergency Department — Children’s Healthcare of Atlanta
7. Inova Loudoun Emergency Department (Leesburg, Va.)
8. Inspira Medical Center Elmer (N.J.) Emergency Department
9. Marin General Hospital Emergency Department (Greenbrae, Calif.)
10. Morristown (N.J.) Medical Center Emergency Department — Atlantic Health System
11. Northwestern Medicine Central DuPage Hospital Emergency Department (Winfield, Ill.)
12. Pennsylvania Hospital Emergency Department — Penn Medicine (Philadelphia)
13. Sarasota (Fla.) Memorial Health Care System Emergency Department
14. St. Anthony Hospital Emergency Department (Lakewood, Colo.)
15. Suburban Hospital Emergency Department — Johns Hopkins Medicine (Bethesda, Md.)
16. Swedish Medical Center Emergency Department — HCA-HealthONE (Englewood, Colo.)
17. The Reading Hospital Emergency Department — Tower Health System (West Reading, Pa.)
18. UCLA Medical Center Emergency Department (Los Angeles)
19. UPMC Pinnacle Hanover Hospital Emergency Department (Hanover, Pa.)

 

 

Five Worrisome Trends in Healthcare

https://www.medpagetoday.com/publichealthpolicy/healthpolicy/72001?pop=0&ba=1&xid=fb-md-pcp&trw=no

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A reckoning is coming, outgoing BlueCross executive says.

A reckoning is coming to American healthcare, said Chester Burrell, outgoing CEO of the CareFirst BlueCross BlueShield health plan, here at the annual meeting of the National Hispanic Medical Association.

Burrell, speaking on Friday, told the audience there are five things physicians should worry about, “because they worry me”:

1. The effects of the recently passed tax bill. “If the full effect of this tax cut is experienced, then the federal debt will go above 100% of GDP [gross domestic product] and will become the highest it’s been since World War II,” said Burrell. That may be OK while the economy is strong, “but we’ve got a huge problem if it ever turns and goes back into recession mode,” he said. “This will stimulate higher interest rates, and higher interest rates will crowd out funding in the federal government for initiatives that are needed,” including those in healthcare.

Burrell noted that 74 million people are currently covered by Medicaid, 60 million by Medicare, and 10 million by the Children’s Health Insurance Program (CHIP), while another 10 million people are getting federally subsidized health insurance through the Affordable Care Act’s (ACA’s) insurance exchanges. “What happens when interest’s demand on federal revenue starts to crowd out future investment in these government programs that provide healthcare for tens of millions of Americans?”

2. The increasing obesity problem. “Thirty percent of the U.S. population is obese; 70% of the total population are either obese or overweight,” said Burrell. “There is an epidemic of diabetes, heart disease, and coronary artery disease coming from those demographics, and Baby Boomers will see these things in full flower in the next 10 years as they move fully into Medicare.”

3. The “congealing” of the U.S. healthcare system. This is occurring in two ways, Burrell said. First, “you’ll see large integrated delivery systems [being] built around academic medical centers — very good quality care [but] 50%-100% more expensive than the community average.”

To see how this affects patients, take a family of four — a 40-year-old dad, 33-year-old mom, and two teenage kids — who are buying a health insurance policy from CareFirst via the ACA exchange, with no subsidy. “The cost for their premium and deductibles, copays, and coinsurance [would be] $33,000,” he said. But if all of the care were provided by academic medical centers? “$60,000,” he said. “What these big systems are doing is consolidating community hospitals and independent physician groups, and creating oligopolies.”

Another way the system is “congealing” is the emergence of specialty practices that are backed by private equity companies, said Burrell. “The largest urology group in our area was bought by a private equity firm. How do they make money? They increase fees. There is not an issue on quality but there is a profound issue on costs.”

4. The undermining of the private healthcare market. “Just recently, we have gotten rid of the individual mandate, and the [cost-sharing reduction] subsidies that were [expected to be] in the omnibus bill … were taken out of the bill,” he said. And state governments are now developing alternatives to the ACA such as short-term duration insurance policies — originally designed to last only 3 months but now being pushed up to a year, with the possibility of renewal — that don’t have to adhere to ACA coverage requirements, said Burrell.

5. The lackluster performance of new payment models. “Despite the innovation fostering under [Center for Medicare & Medicaid Innovation] programs — the whole idea was to create a series of initiatives that might show the wave of the future — ACOs [accountable care organizations] and the like don’t show the promise intended for them, and there is no new model one could say is demonstrably more successful,” he said.

“So beware — there’s a reckoning coming,” Burrell said. “Maybe change occurs only when there is a rip-roaring crisis; we’re coming to it.” Part of the issue is cost: “As carbon dioxide is to global warming, cost is to healthcare. We deal with it every day … We face a future where cutbacks in funding could dramatically affect accessibility of care.”

“Does that mean we move to move single-payer, some major repositioning?” he said. “I don’t know, but in 35 years in this field, I’ve never experienced a time quite like this … Be vigilant, be involved, be committed to serving these populations.”