Regulatory, Legal Uncertainties Are Barriers To Value-Based Agreements For Drugs

http://healthaffairs.org/blog/2016/11/04/regulatory-legal-uncertainties-are-barriers-to-value-based-agreements-for-drugs/

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The past several years have seen an increasing number of new and innovative therapies entering the drug market. Many of these are precision medicines developed to treat a narrowly defined patient population, often with a previously unmet need. These treatments have demonstrated success in improving quality of life and other important health outcomes among indicated patients in clinical trials, but there is uncertainty about patient response rates in real-world settings. These uncertainties have led payers to express concerns about the costs of some new medicines and to implement policies to control patients’ access to those medicines, such as higher cost sharing, health technology assessments, and step therapy (which requires patients to try certain, often less expensive medications before progressing to costlier drugs). This creates a potential problem, as delays in receiving health care, whether due to step therapy or other factors, can be detrimental to patient health outcomes.

Performance-based risk-sharing arrangements (PBRSAs) and value-based agreements (VBAs) have received attention of late because of the flexibility they give private payers, providers, and biopharmaceutical companies to better understand the value of new medicines and align payment with it. By tying payment to real-world outcomes, these arrangements—collectively referred to in this post as VBAs—have the potential to support patients’ prompt and affordable access to new, innovative treatments while also addressing payers’ cost concerns.

Despite considerable interest from stakeholders on both sides of the negotiations, there were few successful examples of VBAs in the U.S. until very recently: Between 1993 and 2013, there were fewer than 20 VBAs executed in the U.S. However, more of these arrangements have recently been announced, although they remain rare, and payers are expressing increased interest.

The academic literature provides information about some of the existing agreements and suggests possible barriers to their execution, but it leaves many questions unanswered. We conducted two-part interviews with a group of five stakeholders regarding their experience with these types of contracts. All respondents had direct experience developing and negotiating VBAs, four as representatives of private insurers and pharmacy benefit managers, and one on behalf of a large pharmaceutical firm launching branded products.

The interviews focused on respondents’ overall perceptions and expectations of VBAs, barriers to adoption, and possible solutions to those barriers (see note 1). In order to solicit unbiased responses, the interviews were double blinded: the sponsor of the research was not revealed to interviewees, and the identity of respondents is not known by the sponsor. We conducted the initial interviews during the summer of 2015 and followed up with the respondents this fall (2016) to understand how perception of VBAs and the barriers to them may have shifted.

New era of healthcare fraud investigations puts spotlight on the C-suite

http://www.beckershospitalreview.com/legal-regulatory-issues/new-era-of-healthcare-fraud-investigations-puts-spotlight-on-the-c-suite.html

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More and more, the government is holding individuals — not just the organizations they work for — responsible for fraud.

Traditionally, healthcare companies were only expected to provide information about the underlying factual situation in a fraud investigation. However, these investigations have become more complicated, as the Department of Justice has taken a strong stance on pursuing healthcare executives involved in fraud cases to hold them personally responsible.

Venson Wallin, managing director of BDO’s Healthcare Advisory practice, recently spoke withBecker’s Hospital Review about the shift in individual accountability standards and steps hospital and health system executives can take to protect themselves from liability.

Former Non-Profit Health Clinics CEO Sentenced to 18 Years for Funneling Millions in Grant Money to Private Companies

https://www.justice.gov/usao-ndal/pr/former-non-profit-health-clinics-ceo-sentenced-18-years-funneling-millions-grant-money

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The former CEO of two Alabama health clinics has been sentenced to 18 years in prison for his role in a fraud scheme, according to the Department of Justice.

According to the DOJ, 53-year-old Jonathan Dunning left his post as CEO of Birmingham (Ala.) Health Care and Central Alabama Comprehensive Health in Tuskegee in 2008. However, he continued to exercise control over the two nonprofit health clinics and diverted government funds meant for the clinics to his own for-profit companies, according to the DOJ.

In June, a federal jury convicted Mr. Dunning of 62 counts of wire fraud, 33 counts of money laundering and two counts of bank fraud. A jury also found him guilty of one count of conspiracy, finding that he conspired with another person to commit wire fraud, bank fraud and money laundering.

Over a seven-year period, Mr. Dunning defrauded HHS, the Health Resources and Service Administration, the two clinics, a credit union and others out of more than $16 million, according to the government’s sentencing memorandum.

California Reforms Target Workers’ Compensation Fraud

California Reforms Target Workers’ Compensation Fraud

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California is cracking down on graft in the state’s system of medical care for injured workers with two bills recently signed into law by Gov. Jerry Brown.

The reforms will prohibit medical providers who are felons from billing for workers’ compensation care and rein in a court-governed payment system that gave rise to hundreds of millions of dollars in unsanctioned treatment.

Lawmakers who introduced the bills cited an investigation by Reveal from The Center for Investigative Reporting that examined more than $1 billion in alleged fraud in the medical system for injured workers.

Reviewing more than a dozen prosecutions and analyzing state data, the investigation found that alleged scams affected more than 100,000 injured workers. Many were monolingual Latinos who were targeted in aggressive marketing efforts in Southern California. They encountered everything from kickback-fueled spinal surgeries to fraudulent providers to $1,600 tubes of pain cream.

Alleged scammers included felons and doctors banned from billing Medicare for malfeasance. Many fraud defendants exploited a feature of California’s workers’ compensations system that let them file a “lien,” or a demand for payment, for services after insurers refused to pay. They included therapies like shock wave pain treatments or unwanted drugs, such as the pricey pain creams.

The new laws would ban certain medical providers with troubled pasts from treating injured workers and also aim to limit the avalanche of liens that clog the docket in two dozen workers’ compensation courts throughout the state.

Christine Baker, director of the Department of Industrial Relations, which administers workers’ compensation, said she hopes the laws improve care for people who seek help for an on-the-job injury.

“I think both abuses and fraudulent activities prey on the most vulnerable populations and we’re hopeful that appropriate treatment will be provided to workers when needed,” Baker said. The laws “should reduce costs, because a lot of costs are tied to fraudulent activity, and that frees up dollars for the injured workers.”

Biggest healthcare frauds in 2016: Running list

http://www.healthcarefinancenews.com/slideshow/biggest-healthcare-frauds-2016-running-list?mkt_tok=eyJpIjoiWVRrMVl6UmtNek5qTURkaSIsInQiOiJ0Q2t5WUwzMm1TMDZaM0NrVU53eWtLWXIrb2tNUDBRZWhpNHRBb3VqWWh0blIzNUR2S1BlSVwveGFCTG9EYStDTFNTWjIrXC9LMmR4YU1DYXU3NVY1QUNoNUxDOW5zWVJVcjdvcFU2TW9vOU04PSJ9

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Tenet Healthcare to pay $513 million over referral, kickback scheme, DOJ says

http://www.healthcarefinancenews.com/news/tenet-healthcare-pay-513-million-over-referral-kickback-scheme-doj-says?mkt_tok=eyJpIjoiWVRrMVl6UmtNek5qTURkaSIsInQiOiJ0Q2t5WUwzMm1TMDZaM0NrVU53eWtLWXIrb2tNUDBRZWhpNHRBb3VqWWh0blIzNUR2S1BlSVwveGFCTG9EYStDTFNTWjIrXC9LMmR4YU1DYXU3NVY1QUNoNUxDOW5zWVJVcjdvcFU2TW9vOU04PSJ9

Hilton Head Hospital (Photo via Google)

Payout settles allegations of illegal kickbacks paid to clinic owners in exchange for referring patients for labor and delivery to Tenet hospitals.

Brooklyn surgeon in Medicare billing scheme convicted of fraud, faces 40 years in prison

http://www.nydailynews.com/new-york/nyc-crime/brooklyn-surgeon-convicted-medicare-fraud-faces-40-years-article-1.2731355

Dr. Syed Ahmed faces over 40 years in prison.

A Brooklyn surgeon is facing more than 40 years in prison after a federal jury convicted him of a massive Medicare fraud that included claims he’d performed 600 procedures on one person.

Dr. Syed Ahmed was found guilty of all six counts late Thursday night in Brooklyn Federal Court. The jury had deliberated about four hours.

Prosecutors alleged that Ahmed, a specialist in weight loss surgery and wound treatment, billed Medicare for over $7 million in procedures, many of which were not performed on patients, prosecutors alleged.

Assistant U.S. Attorney Patricia Notopoulos told the jury that Ahmed billed Medicare for 5,000 surgeries over a three-year period, including 600 alleged procedures on an elderly woman.

Pasadena doctor who falsely claimed patients were terminally ill is sentenced to four years for fraud

http://www.latimes.com/local/lanow/la-me-ln-pasadena-doctor-prison-20160824-snap-story.html?utm_campaign=CHL%3A+Daily+Edition&utm_source=hs_email&utm_medium=email&utm_content=33409508&_hsenc=p2ANqtz–KDKuU4PH1yztKbkXarPsY58B6-80M433Uz-u6qd86BDE6zJ4zbv5sPgwskL5rfPSDgOeUJw0jeuHlEK79jrfz4jh2Jg&_hsmi=33409508

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A Pasadena doctor convicted of falsely certifying that more than 79 patients were terminally ill as part of a scheme to bilk Medicare and Medi-Cal was sentenced by a federal judge to four years in prison.

U.S. District Judge S. James Otero also ordered Boyao Huang, 43, to pay $1,344,204 in restitution last week. In May, Huang was found guilty of four counts of healthcare fraud at the conclusion of a two-week trial that centered on a ploy to defraud the government of $8.8 million by making it pay for hospice-related services. Huang could have received up to 10 years in prison for each of the counts.

Florida scam reveals breadth of compound pharmaceutical billing

http://www.fiercehealthcare.com/antifraud/florida-scam-reveals-breadth-compound-pharmaceutical-billing?mkt_tok=eyJpIjoiTTJNNE9ESmpNR1psWmpWaSIsInQiOiJXOXlcL0xySWFOazE4RUJ3cUNVaWtoMnZ3WVZDMUdQUGlLUmNaemNHZklCMEhJQW1xS01MNE1pRGNXUlpURXBUVGtDOE5nQWxqUmRMZ3BOSGZwT1pDajV4dHRma0hQZ1F4amlFNnBEZGhqdW89In0%3D&mrkid=959610&utm_medium=nl&utm_source=internal

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Eight Florida residents were charged last week with billing the federal government more than $633 million for compounded pharmaceuticals over a three-year period, according to the U.S. Attorney’s Office for the Middle District of Florida–events that underscore the intensity of emerging fraud concerns about compounded drugs.

A group of eight co-conspirators, led by Nicholas A. Borgesano—the president of five pharmacies and several medical billing companies in Tampa Bay and Miami—billed Medicare, Tricare and private insurance companies more than $633 million for compounded pharmaceutical prescriptions between October 2012 and December 2015, according to the indictment.

The group was paid more than $157 million for illegitimate prescriptions that were often allegedly the result of elaborate kickbacks. In some instances, the group allegedly misrepresented some claims by billing for certain high-priced ingredients that were not included in the final compounded prescription.

As part of the arrest, authorities confiscated 17 properties, 15 luxury vehicles and several boats.

Earlier this year, federal and state authorities raided pharmacies in four states, including Florida, as part of a widespread bust involving compounding pharmacies. Federal officials have been targeting compounding pharmacies following a spike in high-priced Tricare claims. Investigators and legal experts have said the cases and investigations brought forward thus far are “just the beginning.”

Appeals court reopens whistleblower’s case against Medicare Advantage orgs

http://www.fiercehealthcare.com/payer/appeals-court-reopens-whistleblower-s-case-against-medicare-advantage-orgs?utm_medium=nl&utm_source=internal&mrkid=959610&mkt_tok=eyJpIjoiTTJNNE9ESmpNR1psWmpWaSIsInQiOiJXOXlcL0xySWFOazE4RUJ3cUNVaWtoMnZ3WVZDMUdQUGlLUmNaemNHZklCMEhJQW1xS01MNE1pRGNXUlpURXBUVGtDOE5nQWxqUmRMZ3BOSGZwT1pDajV4dHRma0hQZ1F4amlFNnBEZGhqdW89In0%3D

In a newly issued opinion, a federal appeals court gives a whistleblower another chance to make his case that major health insurers inflated Medicare Advantage risk scores to collect greater government payments.

The Centers for Medicare & Medicaid Services pays Medicare Advantage organizations based on a risk score calculated by measuring a beneficiary’s overall health, with higher payments for sicker patients.

But whistleblower James Swoben claims that UnitedHealth, Aetna, WellPoint, Health Net and physician group HealthCare Partners gamed the system by conducting biased retrospective reviews of medical records already submitted to CMS. Such reviews would violate the False Claims Act.