Court Strikes Down Overtime Pay Rule

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The Department of Labor rule that would have compelled employers to pay overtime to millions of more workers has been struck down by a federal court in Texas.

Agreeing with business groups and the 21 states that had challenged the Obama administration rule, District Judge Amos Mazzant said the pay level in the changed rules was set too high.

What the Labor Department had done was to nearly double the minimum pay — from $455 to $913 a week — for determining what workers were exempt from overtime and what workers were entitled to it.

“This significant increase would essentially make an employee’s duties, functions, or tasks irrelevant if the employee’s salary falls below the new minimum salary level,” Mazzant said in his ruling.

While that was also true of the old salary threshold, the states and business groups that challenged the DOL argued the new pay level was set so high that it would sweep in millions of workers performing managerial, administrative and professional work.

Under the Fair Labor Standards Act, workers regardless of how much they earn must be paid overtime, except if they fall under certain exemptions, which largely define them as managers and white collar workers. But over the years, the DOL has adopted a financial test setting a minimum pay as a way to simplify the classification.

Thus, those making less than $455 a week are automatically to be paid overtime. And under the duties test, even workers earning more than the $455 a week are entitled to overtime unless they are “bona fide executive, administrative, professional (or) outside sales employees.” Some types of computer jobs also are included.

The revised salary threshold was to have gone into effect December 1 last year. But just weeks before the deadline, Judge Mazzant issued an injunction which left the old pay level — first adopted in 2004 — in place. The Labor Department appealed the injunction, then reversed course after the Trump administration took office. That left the injunction in place and freed the district court to rule on the merits.

In his ruling, Mazzant said the DOL can use a salary test, but only in conjunction with a duties test.

Carolinas HealthCare, UNC Health Care reveal intent to merge

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Health systems say they are entering negotiations to combine clinical, medical education and research units.

rolinas HealthCare System and UNC Health Care announced on Thursday that they are negotiating a merger that would transform them into a health system earning an estimated $14 billion in annual revenue.

Both organizations have signed a letter of intent to join their clinical, medical education and research resources and the letter kicks off a period of exclusive negotiations, with the goal of entering into final agreements by year’s end.

Together, the health systems would be focused on four strategic areas: increasing access and affordability, advancing clinical care expertise, growing their renowned academic enterprise and contributing to the region’s economic vibrancy.

“The opportunities to be a national model and to elevate health in North Carolina are nearly limitless,” Carolinas CEO Gene Woods said in a statement.

Woods would serve as chief executive officer of the new entity and UNC Health CEO William Roper, MD, would take on the role of executive director.

Woods noted that since the two organizations already serve almost 50 percent of all patients who visit rural hospitals in the state, they are well positioned to participate in the reinvention of rural healthcare and to transform cancer treatment.

Levine Cancer Institute, which is part of Carolinas, cares for more than 10,000 new patients a year, and more than a thousand participate in clinical trials through a ‘care-close-to-home’ model at some 25 locations throughout the Carolinas.

“Combined with UNC Health Care’s National Cancer Institute designation, with more than $70 million in joint cancer research grants for clinical trials, we will create a cancer network that is second to none in the country,” Woods said.

Roper added that merging would enable the combined organization to provide a wider range of care services, build clinical destination centers, advance care in pediatrics, transplants and other services and expand their medical education offerings.

Executives of the two health systems also said the partnership would give them the leverage to negotiate better deals with insurance companies and vendors, potentially saving millions of dollars.

The plans for consolidation would be submitted to the Federal Trade Commission for ruling on whether the size of the new entity might inflate the cost of healthcare in the state or limit the choice of doctors and hospitals.

Houston hospitals may not be back to normal for a month

Houston hospitals may not be back to normal for a month

Amid the evacuation of approximately 1,500 patients from Houston-area hospitals, officials are commending the emergency response by health providers — while also cautioning that it may be weeks before the facilities are back to business as usual.

The SouthEast Texas Regional Advisory Council — which has overseen catastrophic medical operations since Hurricane Harvey as part of Houston’s emergency command center — estimates that nearly two dozen hospitals have evacuated patients by ambulance and airplane over the course of the past week.

“The storm was so huge it was uncertain what hospitals might be in harm’s way,” said Darrell Pile, chief executive officer of SETRAC. Had they known Harvey would grow into a Category 4 storm, Pile said, they would have staged evacuations three days in advance. But Harvey was unpredictable from the start — and grew stronger without much warning.

Evacuations have been slow not only because of the perils involved in moving patients but also because it has taken time to find other hospitals to accept them. “Some patients may have had gone to Dallas, San Antonio, Austin, or even Waco,” Pile said. “You’ve got to find the hospital to handle the unique needs of the patients you want to transfer.”

Evacuation numbers continued to climb on Tuesday. But Pile said numerous hospitals also scaled back or suspended plans for evacuations. One such facility was Ben Taub, one of Houston’s major safety-net hospitals, which only evacuated three patients after originally seeking to move all 350 patients after flooding occurred inside the hospital basement.

“In the case of Ben Taub, as the waters went down, and additional staff were able to arrive, they whittled down their list,” Pile said, speaking Wednesday. “They may even open back up to full service later today.”

Bryan McLeod, director of external and online communications at Harris Health System, said in a statement Tuesday afternoon that Ben Taub, the system’s largest hospital, is now seeking to “offload some of the patients that we currently have” in anticipation of a “surge of patients” expected as roads clear.

“I can only imagine the burden is going to increase,” said Vivian Ho, a health care economist with Rice University. “It’s going to get tough on them.”

Coordinated response

Pile praised the coordination of hospitals, first responders, and civic leaders. In other major storms elsewhere, he said, some hospitals have failed to communicate effectively; ambulances would bring patients to their doors even though the facilities might be unable to meet their needs.

By contrast, Pile said, roughly 25 hospitals affected by Harvey declared an “internal disaster” — a status that reflects a hospital facing problems in carrying out normal daily operations — that allowed SETRAC to pass along timely information along to first responders who could, in turn, divert patients toward care at hospitals capable of treating them.

“The majority of our hospitals stayed open,” Pile said. “The teamwork of hospitals and EMS agencies through our coalition kept it from becoming an even a bigger disaster.”

Pile hasn’t heard of any hospitals in the Houston area devastated to the point of shuttering — something that’s also occurred in other storm-ravaged cities. It’s because of that he believes nearly all Houston-area hospitals will be fully up and running by the end of September.

“This storm was paralyzing,” Pile said. “Within a month, [I expect] 90 to 95 percent of hospitals will be back in full service. That’s a first.”

 

When athletes share their battles with mental illness

https://www.usatoday.com/story/sports/2017/08/30/michael-phelps-brandon-marshall-mental-health-battles-royce-white-jerry-west/596857001/

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The Looming Consequences of Breathing Mold

https://www.theatlantic.com/health/archive/2017/08/mold-city/538224/

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Flooding means health issues that unfold for years.

The flooding of Houston is a health catastrophe unfolding publicly in slow motion. Much of the country is watching as 50 inches of water rise around the chairs of residents in nursing homes and submerge semitrucks. Some 20 trillion gallons of water are pouring onto the urban plain, where developers have paved over the wetlands that would drain the water.

The toll on human life and health so far has been small relative to what the images suggest. Authorities have cited thirty known deaths as of Tuesday night, while 13,000 people have been rescued. President Donald Trump—who this month undid an Obama-era requirement that infrastructure projects be constructed to endure rising sea levels—offered swift reassurance on Twitter: “Major rescue operations underway!” and “Spirit of the people is incredible. Thanks!”

But the impact of hurricanes on health is not captured in the mortality and morbidity numbers in the days after the rain. This is typified by the inglorious problem of mold.

Healthcare spending, price growth slows in 2017 but job growth spikes

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Altarum report finds spending grew by only 4.6 percent in 2016.

Healthcare spending growth slowed in 2016, and the trend appears to be continuing, according to the August 2017 Altarum Institute Center Health Sector Trend report.

According to the report, spending grew by only 4.6 percent in 2016 and estimates based on new data have the downward trend continuing with growth for the first half of 2017 at 4.4 percent. Altarum said the estimates illustrate the impact of expanded coverage, and its subsequent leveling off, on healthcare utilization. Coverage expansion was concentrated in 2014 and 2015, leading to a jump in health services utilization. That peaked at at 5.1 percent in 2015.

“Coverage leveled off in 2016 and, in response, the growth in health services utilization has been trending back toward pre-expanded coverage rates,” Altarum said.

Healthcare price growth has also dropped in 2017, from 2 percent in the first quarter to 1.6 percent in the second quarter.

Though much higher than healthcare services, prescription drug price growth slowed to 3.6 percent in the second quarter 2017. However it is important to note that the impact of rebates are not reflected in these data, and that drug pricing controversies like the one surrounding Mylan’s EpiPen were recently resolved and some generic alternatives have been made available at lower prices.

Finally, health employment grew an average of 21,000 jobs per month during the first 5 months of 2017 then unexpectedly rebounded to 38,000 in June and July. The jump in June and July was a surprise, and was focused mainly in ambulatory settings.

“Growth averaged 32,000 during 2015 and 2016, and the decline in monthly growth during the first 5 months of 2017 was expected due to slower growth in health care utilization driven by the leveling off in expanded coverage,” Altarum said.

The American Hospital Association’s February 2017 Cost of Caring report also illustrated the increased utilization in 2014 and 2015, due to expanded healthcare coverage and more intense utilization of services like chronic disease management.

However, the report mentioned that statistics also suggested that hospitals are trying to hold costs down. For instance, hospital price growth in 2015, as measured by the Hospital Producer Price Index, was .9 percent, a 13-year low and a notable drop from the rate of 4.4 percent in 2006, the report said.

Growth in Medicare spending for all hospital services, both inpatient and outpatient, is at a 17-year low, and inpatient spending dropped 1.9 percent in 2015.

So it is possible that along with a leveling off of coverage and utilization, successful hospital attempts at stabilizing or reducing cost of care could be responsible for the lower spending. The slowing in hospital price growth in the Altarum report is also illustrative of these theories.

However, the hospital industry faces serious challenges that can slow efforts to reduce costs, including drug prices and regulatory compliance, the AHA report said.

Electronic health records have also proven to be big resource absorbers for providers. AHA estimates show that from 2010 to 2014 hospitals spent over $47 billion annually on IT. Increasing regulatory requirements are also fueling increases in administrative expenses and compliance staffing demands, the AHA report said.

Click to access Altarum%20RWJF%20Trend%20Report%20Aug%202017_1.pdf

 

The New Metrics

http://www.healthleadersmedia.com/leadership/new-metrics?spMailingID=11811555&spUserID=MTY3ODg4NTg1MzQ4S0&spJobID=1222735046&spReportId=MTIyMjczNTA0NgS2

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The business and clinical intelligence that are necessary for healthcare leaders to better manage their organizations are changing rapidly. Returns may be greatest for organizations that are able to measure outcomes and show value.

An old saying from Six Sigma and other process improvement regimes is that “what gets measured gets done.” That’s important for senior healthcare executives to remember. But that truth leaves out the critical question of what should be measured.

The options are literally endless, but determining the most important metrics to measure in an era in which healthcare is transforming is no trivial decision.

The move toward reimbursement based on the value the healthcare organization provides to the patient and the payer, which is happening at vastly different rates in some geographical areas compared to others, means that asking and answering that question at regular intervals is crucial.

If that’s the case, what are the metrics that leaders need to watch to ensure clinical, financial, and strategic success?

This special issue of HealthLeaders examines how high-performing organizations are instilling and adapting to new performance measures that healthcare leaders need to track to “get value done.”

Our editorial team talked with more than a dozen organizations in a variety of sectors, from leaders of hospital inpatient organizations to payer leaders, from leaders of postacute care organizations to information technology, nursing, and finance leaders; all have measurements they find useful to achieve value in a rapidly transforming healthcare business environment.

Some metrics may be familiar, such as admissions or readmissions per thousand patients. Other metrics may be unfamiliar, such as a “user resource metric,” part of which incorporates the speed with which patient calls are answered at a call center.

Many more important metrics are clinical in nature, but are often monitored and reported by the financial arms of the organization, as they provide a proxy for customer satisfaction, a growing component of the value equation.

Also critical is the latency of such measurements. For example, it’s less valuable to learn about line infection rates and sepsis diagnoses after the patient has been discharged, because little can be done to influence the statistics by that time.

What Exactly Is a ‘High-Performing’ Health System?

http://www.healthleadersmedia.com/quality/what-exactly-%E2%80%98high-performing%E2%80%99-health-system?spMailingID=11802162&spUserID=MTY3ODg4NTg1MzQ4S0&spJobID=1222637521&spReportId=MTIyMjYzNzUyMQS2#

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A review by The Joint Commission finds broad and inconsistent uses for the term and definitions that are all over the map, hindering effective measures for the concept.

Despite all the time, money, and energy spent on improving healthcare quality and value, there is no “overarching concept” or consistent definition of what constitutes a “high-performing health system,” a review by The Joint Commission has found.

“The absence of a consistent definition of what constitutes high performance and how to measure it hinders our ability to compare and reward health care delivery systems on performance, underscoring the need to develop a consistent definition of high performance,” the review found.

In their search for a consistent definition of the term, The Joint Commission researchers sifted through English-language articles defining high performance with respect to a healthcare system or organization in PubMed and WorldCat databases from 2005 to 2015 and the New York Academy of Medicine Grey Literature Report from 1999 to 2016. The entity/condition to which the definition was applied was extracted from included articles.

The number and type of dimensions used to define high performance within and across articles was tabulated and the number and type of metrics used by performance dimension and by article was calculated.

Instead of a consistent definition, the researchers found that high performance was variably defined across different dimensions, including quality (93% of articles), cost (67%), access (35%), equity (26%), patient experience (21%), and patient safety (18%).

Most articles used more than one dimension to define high performance (75%), but only five used five or more dimensions. The most commonly paired dimensions were quality and cost (63%).

The Joint Commission researchers said in their review that measuring performance in the nation’s healthcare delivery system “has gained significant traction” over the years with policy makers, even though they apparently do not have a consistent definition of the term.

To support delivery system improvement nationally, the Agency for Healthcare Research and Quality recently funded three Centers of Excellence to study high-performing systems, particularly their ability to quickly move new evidence-based care practices into practice, The Joint Commission review noted.

“Research to understand what enables healthcare delivery systems to perform highly, and policy efforts to measure and recognize high-performing health care delivery systems, is predicated on an agreed-on definition of what it means to be high-performing,” the researchers said.

“Achieving consensus on what it means to be high-performing is essential to facilitate comparisons across delivery systems and in applied measurement activities, such as programs that designate and publicly recognize high performers.”

New Anthem policy cuts hospital outpatient payment for MRIs, CT scans in 5 states

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Imaging services can be as safely provided, and cost less, at freestanding facilities, Anthem says.

As of Sept. 1, Anthem will no longer pay hospitals in five states for outpatient imaging services for MRIs or CT scans.

Anthem already initiated its policy in four other states on July 1.

Imaging is a big part of hospital revenue, and Anthem said it costs more to have the service done in a hospital outpatient setting than at a freestanding facility.

“Anthem’s primary concern is to provide access to quality and safe healthcare for our affiliated health plan members. We are also committed to reducing overall medical cost where possible when the safety of the member is not put at risk,” Anthem spokeswoman Lori McLaughlin said.

Hospitals in New York, Ohio, Colorado, Nevada and Georgia will be affected starting Friday. Hospitals in Indiana, Kentucky, Missouri and Wisconsin have been under the policy since July 1, when Anthem started what it calls its Imaging Clinical Site of Care program. It is administered by Anthem subsidiary, AIM Specialty Health, for its individual and employer-sponsored members in fully insured programs.

Imaging services can be just as safely provided in a lower cost, free-standing center as in a hospital outpatient setting, according to Anthem.

Anthem’s program also helps identify when hospital outpatient services for certain imaging tests are medically unnecessary, the company said.

Anthem’s policy follows a move in July by the Centers for Medicare and Medicaid Services to make hospital outpatient payments more site neutral. Procedures performed at hospital outpatient departments are paid at a higher rate through the hospital outpatient prospective payment system,than freestanding clinics, which are paid on the Medicare physician fee schedule.

CMS said it would reduce outpatient prospective payment system spending by approximately $500 million in 2017 by no longer paying for outpatient services at a higher rate.

In the divide between pricing and payer reimbursement, providers nationwide may be concerned that other insurers will follow the lead of a large insurer such as Anthem.

“Hospitals need to recognize they are competing in a market already delivering on convenience, quality and affordability,” McLaughlin said.

Anthem said the program gives members an opportunity to save up to hundreds of dollars for each imaging test.

The cost for MRIs and CT scans can vary from $350 to $2,000, Anthem said in 2010 when it launched its imaging cost and quality program to help educate members about their options in choosing high-quality, lower-cost imaging services.

Yet a recent report shows that many consumers don’t make any attempt to compare prices for healthcare services. Most survey respondents said they didn’t comparison shop or even ask how much they would owe in copayments or other cost-sharing expenses before they turned up for an appointment.

In cases in which it’s not medically necessary for a member to receive services from a hospital, members who go to a freestanding facility can save close to $1,000 out-of-pocket for some imaging services for those who haven’t met their deductible, and up to $200 for those whose plans require only a copay, Anthem said.

Members who have high-deductible plans and haven’t yet met their deductible may be responsible for the full cost of the service. In these cases the member saves the difference between the hospital imaging cost and the non-hospital cost, Anthem said.

Other members will pay a co-insurance usually of about 20 percent on the full cost of the service. Plans pay the other 80 percent.

If a member chooses to go to an outpatient hospital facility, and that in-network facility provides the service, it would be the provider, and not the patient, who would be responsible for the cost, according to Anthem. The member would only be held responsible for the cost of the service if he or she signs a waiver, agreeing to be responsible, Anthem said.

Hospitals would then bear the cost of their imaging services provided at outpatient facilities, for beneficiaries covered by Anthem insurance.

Anthem’s exceptions to its policy include: when the services being provided are only available in the hospital setting, the individual requires an obstetrical observation, or the individual is receiving perinatology services. Also, exceptions are in cases where there is no other geographically accessible site, moderate or deep sedation or general anesthesia is required and a freestanding facility does not have this available; the equipment for the size of the individual is not available, or the individual has a documented diagnosis of claustrophobia requiring open magnetic resonance imaging which is not available in a freestanding facility.

AIM collects data on imaging providers, both hospital-based and freestanding, to determine conformance to industry-recognized standards, Anthem said. Providers and staff have access to each facility’s score in an AIM portal, and can use those scores to find facilities.

 

Highmark Health posts record 6-month performance with $505M operating surplus

http://www.beckershospitalreview.com/finance/highmark-health-posts-record-6-month-performance-with-505m-operating-surplus.html

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Pittsburgh-based Highmark Health, the parent company of insurer Highmark and Allegheny Health Network, reported an operating gain of $505 million in the first six months of fiscal year 2017, compared to $35 million the same period last year.

“Highmark Health delivered its strongest financial performance for the six-month period ending June 30 since the formation of Highmark in 1996,” Karen Hanlon, executive vice president and CFO of Highmark, said.

Highmark attributed its financial turnaround to improvements in its government health plan business, as well as its commercial and senior health plan segments. The company’s nealry 5 million-member health plan achieved an operating gain of $480 million in the six months ended June 30, up $399 million compared to the same period a year prior, mostly fueled by its government business.

On the provider side, Highmark’s Allegheny Health Network in Pittsburgh saw its strongest financial performance since its establishment. AHN recorded $28 million in excess revenue over expenses in the first six months of this year, an improvement of $47 million from the same period in 2016.

While intentional enrollment reductions decreased Highmark’s operating revenues year-over year by $100 million to $9.1 billion in the six-month period, at the same time the organization’s expenses dropped $50 million. Highmark attributed the decrease to reduced costs related to its Epic EHR and other technology implementations.