Taking the Nuclear Option Off the Table

Taking the Nuclear Option Off the Table

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Last Thursday, fifteen states and the District of Columbia moved to intervene in House v. Price, the case about the ACA’s cost-sharing reductions. At the same time, they asked the court to hear the case promptly.

This is a bigger deal than it may seem, and could offer some comfort to insurers that are in desperate need of it. Apologies for the long post, but the law here is complex and uncertain.

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When the House of Representatives sued the Obama administration a few years back, it argued that Congress never appropriated the money to make cost-sharing payments. The district court sided with the House and entered an injunction prohibiting the payments. The court, however, puts its injunction on hold to allow for an appeal.

The Trump administration has now inherited the lawsuit, and the health-care industry is waiting on tenterhooks to see what it will do. For now, the case has been put on hold. But if Trump drops the appeal, which he has threatened to do, the injunction would spring into effect and the cost-sharing payments would cease immediately, destabilizing insurance markets across the country. It’s the nuclear option.

If the states are allowed to intervene, however, they could pursue the appeal even if Trump decides to drop it. With the appeal in place, the injunction couldn’t take effect until the case is heard and decided.

What’s more, the states are very likely to prevail. Not on the merits: as I’ve written before, the House is right that there’s no appropriation to make the cost-sharing payments. But the D.C. Circuit is likely to be skeptical of the district court’s conclusion that the House of Representatives has standing to sue. That’s why the states want to court to decide the case quickly: they hope to get rid of the lawsuit once and for all.

Allowing the states to intervene would not eliminate uncertainty. The D.C. Circuit could always surprise us and affirm the district court’s decision. Premiums for 2018 would still have to rise in response to the risk that payments might stop sometime next year. And even if the House loses, the Trump administration might be tempted to stop making the payments anyhow—although it’s not clear that it has the legal authority to do so without going through the cumbersome process of withdrawing an Obama-era rule.

Still, insurers could breathe a bit easier. If the states are allowed to intervene, Trump couldn’t blow up the individual markets in a fit of pique.

65 financial benchmarks for hospital executives

http://www.beckershospitalreview.com/finance/65-financial-benchmarks-for-hospital-executives-022117.html

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Hospitals leaders across the nation use benchmarking as a way to determine the areas of their business that need improvement. The continuous process of benchmarking allows hospital executives to see how their organizations stack up against local and regional competitors as well as national leaders.

Here are 65 benchmarks related to one of the most important day-to-day areas hospital executives oversee — finance.

Key ratios
Source: Moody’s Investors Service, “U.S. Not-for-Profit Hospital 2015 Medians” report, September 2016.

The medians are based on an analysis of audited 2015 financial statements for 340 freestanding hospitals, single-state health systems and multi-state health systems, representing 81 percent of all Moody’s-rated healthcare entities. Children’s hospitals, hospitals for which five years of data are not available and certain specialty hospitals were not eligible for inclusion in the medians.

 

Anatomy of a post-acute care partnership

http://www.beckershospitalreview.com/hospital-transactions-and-valuation/anatomy-of-a-post-acute-care-partnership-a-guide-to-finding-the-right-partner-and-forming-a-successful-joint-venture.html

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In communities across America — large and small — local hospitals serve a purpose that goes beyond being a center for on-demand emergency care. Our nation’s healthcare facilities have a legacy and responsibility as leaders and guardians for the health of individuals in the communities they serve.

As such, it is imperative that local hospitals continue to take the lead in community patient care and avoid being relegated to the position of bystander through managed care or government mandate.

In addition to providing quality patient care, hospitals also have a responsibility to remain financially healthy. And in today’s environment of uncertain and changing regulation, government-mandated penalties, and shifting payment models, hospital leaders are being reminded that financial health and quality patient outcomes go hand-in-hand.

Balancing these two responsibilities is an increasingly tough task. Avoidable readmissions are a cost no organization can afford to ignore, and many of America’s best healthcare facilities are struggling to find an effective solution to their patients’ post-acute needs.

For many hospitals and health systems seeking an answer, partnering with an experienced and proven post-acute care provider has been the solution.

In a value-based world, the ability to manage the total cost of care — from admittance, through acute care, to the post-acute environment — is a strategic advantage for sustaining organizational health and getting patients the right care at the right time, obtaining efficient outcome and attracting and retaining the best and brightest of professional caregivers.

But how do executives and hospital leaders find the right partner, and how can they determine competence and compatibility for their needs?

William F. “Bud” Barrow II, the recently retired president and CEO of Our Lady of Lourdes Regional Medical Center in Lafayette, La., developed what he calls his “Four-Way Test” for evaluating prospective  post-acute care partners.

“There are many players in the sub-acute space, and a lot of them are not in it for the right reasons,” Mr. Barrow says. “There are many small companies formed not to advance care AND make a profit, but to make a profit and flip the company for even more profit.”

“It’s important to partner with a large capital healthcare provider that has demonstrated long-term commitment to patients, to profitability and to doing the right thing at the right time — every time,” adds Mr. Barrow.

The four “C’s” in Mr. Barrow’s test include:

  • Character: Examine the cultural history of the organization and the character of key individuals.
  • Competence: Can they demonstrate long-term, systemic success and expertise in their field?
  • Capital: Is there a financial model in place that suggests sustainability in a profitable way?
  • Creativity: Does the organization demonstrate nimbleness and the ability to rethink and adjust on-the-go based on the uncertainties inherent in healthcare reimbursement and the overall healthcare landscape?

Once a suitable partner is found, Mr. Barrow further identifies three “must-haves” for forming a successful and sustainable joint venture.

  • Organization-wide support

    Support must come from all areas of the organization. Everyone — from board members to medical staff — must understand and support the goal of the enterprise and fully endorse what is a time-consuming process and significant investment.

  • A critical eye

    You must be willing and able to employ a critical eye when viewing your own organization and make a clear and unbiased assessment of what you do well versus what you wish you did well. “Most people are unable to make this critical internal evaluation,” Barrow says. “As a result, they continue to try and do things on their own, often times leading to long-term failure.”

  • Assemble the right team

    The right people must be in place to evaluate various alternatives and possible solutions as you go through the process and fill in the deficit gaps determined in the critical assessment.

Poor evaluation of organizational readiness, Mr. Barrow adds, is one of the most common pitfalls — particularly when it comes to the vital mutual commitment from administration and medical staff.

“There has to be alignment between the business of medicine and the practice of medicine — it’s paramount,” he says. “The prevailing attitude must be that failure is not an option. This is not something where you put your toe in the water, see what happens, and then back out the first time you hit a bump in the road. Everyone must be on board with an all-in focus on clinical networks, evidenced-based best practices, shared accountability and a singular focus on best patient outcomes.”

Nearly two decades ago, LHC Group pioneered a model of post-acute care partnership that has since earned a reputation for enhancing patient outcomes and financial performance in cities and towns across the country. Since then, the company has pursued a mission to build stronger healthcare delivery systems in the communities it serves.

Quality outcomes — for patients and partners — are the driving force behind everything LHC Group does. Quality metrics are now the preferred standard for evaluating post-acute providers, and with more than 60 percent of its home health locations named among the 2016 HomeCare Elite®, and with the highest CMS Star Ratings compared to home health national averages, LHC Group continues to enhance its reputation as one of the top quality home health providers in the country.

“I can think of no other post-acute provider that demonstrates all of the ‘Four C’s’ at the level of LHC Group,” says Mr. Barrow, who formed his first joint-venture partnership with the company in 2007. “Their overwhelming commitment to character, competence and creativity has allowed them to develop the strong capital to deliver on what they promise.”

LHC Group’s record of designing and growing successful post-acute care partnerships throughout the country is the result of years of dedication, tireless work and experience. Their team is accustomed to rising to the challenge of succeeding in the constantly shifting landscape that is the healthcare industry, and they know how to provide value for partners and improved outcomes for their patients.

The conclusion is clear: Choose the right partner. The health of your community and your organization is at stake.

12 recent hospital transactions and partnerships

http://www.beckershospitalreview.com/hospital-transactions-and-valuation/12-recent-hospital-transactions-and-partnerships-51517.html

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The following healthcare mergers, acquisitions and general partnerships took place or were announced the week of May 15.

1. Erlanger in talks to acquire or affiliate with 25-bed Murphy Medical Center
Erlanger Health System, a five-hospital system in Chattanooga, Tenn., is in talks to partner with 25-bed Murphy (N.C.) Medical Center.

2. 3rd hospital joins Beth Israel Deaconess, Lahey Health merger
Newburyport, Mass.-based Anna Jaques Hospital is the third health system to join the proposed merger between Boston-based Beth Israel Deaconess Medical Center and Burlington, Mass.-based Lahey Health, bringing the total number of health systems interested in merging up to five.

3. Quorum to divest 2 hospitals in Tennessee
Brentwood, Tenn.-based Quorum Health Corp., signed a definitive agreement May 15 to sell two hospitals in Tennessee.

4. Steward Health Care to acquire IASIS Healthcare
Boston-based Steward Health Care signed a definitive agreement to acquire Franklin, Tenn.-based IASIS Healthcare.

5. Mount Auburn joins Beth Israel Deaconess, Lahey merger: 3 things to know
Cambridge, Mass.-based Mount Auburn Hospital will join a proposed merger between Boston-based Beth Israel Deaconess Medical Center and Burlington, Mass.-based Lahey Health.

6. Quorum Health seeks to sell 6 more hospitals
Brentwood, Tenn.-based Quorum Health, the 35-hospital spinoff of Franklin, Tenn.-based Community Health Systems, plans to sell six hospitals to restructure its portfolio to improve financial performance.

7. Accumen partners with SSM Health hospital to improve quality of care, patient outcomes
SSM Health Saint Louis University Hospital partnered with Accumen on a multiyear agreement to implement a comprehensive patient blood management program.

8. Geisinger Health System, Jersey Shore Hospital sign integration agreement
Danville, Pa.-based Geisinger Health System and 25-bed Jersey Shore (Pa.) Hospital and Foundation signed an agreement integrating Jersey Shore’s facilities into Geisinger.

9. HealthEast, Fairview Health Services receive final OK to merge
The respective boards of directors of HealthEast, a four-hospital system in St. Paul, Minn., and Fairview Health Services, a seven-hospital system in Minneapolis, approved the organizations’ plans to merge, effective June 1. The merger will create one of the largest hospital networks in Minnesota.

10. Hackensack Meridian, St. Joseph’s Healthcare to partner on home health, hospice services
Hackensack Meridian Health, a 13-hospital system in Edison, N.J., and Paterson, N.J.-based St. Joseph’s Healthcare revealed plans to form a jointly owned home health services agency and a hospice services agency.

11. Yale New Haven, Day Kimball Healthcare partner to improve clinical care
Yale New Haven (Conn.) Health System and Putnam, Conn.-based Day Kimball Healthcare inked an agreement to become community partners and enhance the breadth of clinical care services available at Day Kimball.

12. Wake Forest Baptist partners with Northern Hospital of Surry County on cardiac rehabilitation care
Winston-Salem, N.C.-based Wake Forest Baptist Medical Center and Mount Airy, N.C.-based Northern Hospital of Surry County will partner to provide residents with better access to cardiac rehabilitation services.

8 hospitals with strong finances

http://www.beckershospitalreview.com/finance/8-hospitals-with-strong-finances-051817.html

Here are eight hospitals and health systems with strong operational metrics and solid financial positions according to recent reports from Fitch Ratings, Moody’s Investors Service and S&P Global Ratings.

1. Ann & Robert H. Lurie Children’s Hospital of Chicago has an “AA-” rating and stable outlook with S&P. The credit rating agency believes the hospital will maintain its business position, improved balance sheet and solid cash flow margins.

2. Coral Gables-based Baptist Health South Florida has an “AA-” rating and stable outlook with S&P. The system maintained key balance sheet metrics and generated better-than-projected financial results in fiscal year 2016, according to S&P.

3. Dallas-based Baylor Scott & White Health has an “Aa3” rating and stable outlook with Moody’s. The health system has strong cash flow margins and a favorable business position as the largest nonprofit health system in Texas, according to Moody’s.

4. Christiana Care Health Services has an “Aa2” rating and stable outlook with Moody’s. The Wilmington, Del.-based system has solid liquidity and a history of above average financial performance, according to Moody’s.

5. Kaiser Permanente has an “AA-” rating and stable outlook with S&P. The Oakland, Calif.-based system has a strong enterprise profile with a favorable integrated business model, according to S&P.

6. Albuquerque, N.M.-based Presbyterian Health Services has an “AA” rating and stable outlook with S&P. The system has a solid financial profile and a modest debt load, according to S&P.

7. Madison-based University of Wisconsin Hospital and Clinics has an “Aa3” rating and stable outlook with Moody’s. The system has strong balance sheet resources and established clinical and academic market positions, according to Moody’s.

8. WellSpan Health has an “Aa3” rating and stable outlook with Moody’s. The York, Pa.-based system has a strong and broadening market position and a track record of healthy financial performance, according to Moody’s.