The ACO Controversy

January 25th, 2012 by Administrator

The current discussion in the health care world over Accountable Care Organizations (ACO) will soon develop into a debate about their value and sustainability.  One side seems to think that ACOs will help solve our national health care crisis, while the other side criticizes the idea as just another program muddying the waters and confusing patients.  Some say ACOs are not going to be cost-effective and that they will be tossed out in the long run, while others tout them as the best way to provide quality care for Medicare patients.

ACOs, designed to improve care and save millions of dollars, are just one of the multitude of initiatives coming out of the Affordable Care Act of 2010.  The Health Care Reform package rolls out new programs for four years and beyond and first on the list for 2012 is the formation of ACOs.  The idea is that by providing incentives for physicians, hospitals, and other health care providers to join together and coordinate patient care and reduce hospitalization, Medicare and Medicaid patients will receive better quality care at reduced costs.  Centers for Medicare and Medicaid Services (CMS)  Administrator, Don Berwick, M.D. says, “Improving coordination and communication among physicians and other providers and suppliers through Accountable Care Organizations will help improve the care Medicare beneficiaries receive, while also helping lower costs.”  You can watch a video of Dr. Berwick’s 2011 announcement of the program here.

It is projected that these collaborating groups will save Medicare $960 million over three years in combining care by different medical specialties into one group.  Proponents say that if doctors and other providers work together and take responsibility for Medicare beneficiaries in a group, the cooperative effort will help reduce hospital admissions and unnecessary procedures.  The current system rewards doctors for doing more procedures and hospitals for keeping beds full.  According to CMS, the proposal is to pay based on outcomes, while still providing a fee for services performed.  The groups are formed on a voluntary basis by providers and, unlike Managed Care Organizations, ACOs give patients more choices rather than limitations.

Because the majority of Medicare patients suffer from multiple conditions, they usually receive care from multiple providers and clinics.  When a patient with arthritis, high blood pressure, and diabetes sees four or five different physicians who don’t communicate with one another, care is often duplicated and the risk for errors is increased.  Many of these patients are frustrated by their lack of control over their health care.  The goal of the ACOs is to eliminate that frustration by giving physicians within an ACO better information about their patients’ medical history.  Treatment, medical records, charts, prescriptions and other patient information will be shared among the group.

The incentive for the physicians is that providers keep a portion of the money saved.  CMS will monitor ACOs for quality and cost-efficiency.  Where costs are reduced, a percentage will be given back to the group.  Exactly how this will work is still not very clear, but defenders of the plan say it will significantly increase the health care provider’s bottom line.  Opponents argue that the incentives are actually very small and would be of little help offsetting the reduction in Medicare reimbursements on the horizon. 

Additionally, the start-up costs for a 200-physician ACO are projected by the American Hospital Association (AHA)  to be anywhere from $1 million to $11 million.  While it has been proposed that advanced payments be given to help with start-up, contestants claim that the incentives offered are not nearly enough to pay for the initial investment required.  Group administrators and physicians need to consider many aspects of the changes that may occur when applying for ACO status: Technology, computer systems, electronic medical records systems, data integration, privacy, security, administration, staffing, and management of the group.  It appears that it could take years to recover the costs involved in getting an ACO off the ground.  

Because of the expense of forming an ACO, early indications are that hospitals are more likely to be able to afford the upfront costs.  In fact, one report shows that 60% of the current 164 identified ACOs are hospital-sponsored while only 23% were formed by physicians.  The rest are attributed to health plans and other organizations.  But the program is still new and we may see more physician groups forming ACOs as the results are reported.  Some may see this as an opportunity, while others may reject the idea altogether. 

If you are considering forming or becoming part of an ACO, please contact your Keane representative to discuss the impact this change may have on your medical malpractice insurance.  We are keeping a watchful eye on the developments and working with the insurance companies to determine how to best cover these groups.

We’d like to hear from you!  As a physician or an administrator, what’s your opinion of the pros and cons of ACOs?  Are they the future of our healthcare system?  Or here today gone tomorrow?

RAC Audits Recover $4 Billion in 2010

January 20th, 2012 by Administrator

The $4 billion in taxpayer money recouped from physicians for Medicare and Medicaid improper payments is the highest amount since the program began in 2003.  Over the past 6 years, the U.S. government has stepped up its efforts to recover funds from over billing and fraud by health care providers, and it appears that 2011 will be another record year.  Is your practice prepared for the possibility of a RAC Audit?

Who Can Be Audited?

Any type of medical practice or health care provider can be subject to a RAC Audit.  The Centers for Medicare and Medicaid Services (CMS) contract with private entities, Recovery Audit Contractors (RAC), to perform audits searching for overpayments made to physicians and then collect the money. The contractors are also looking for underpayments, but they are paid a percentage of the funds recovered and returned to CMS.  As the government focuses on cutting costs and reforming healthcare, the RAC program has become more and more aggressive.

Although the main concern of the program is to find errors in coding, billing, or payment rules, a RAC Audit in itself doesn’t mean that fraud has been committed.  Many of the over payments are the result of simple mistakes in billing.  The billing codes that are used by Medicare and Medicaid are complicated and often confusing.  A mistake made by health care providers can mean severe fines and penalties, and where an auditor finds a possibility of fraud they are required to notify law enforcement agencies within the state.

Which States are Targets?

The RAC program was initially created by Congress as a demonstration in only 3 states, but because of its success, as of 2010 it has been mandated in all 50 states.  According to the Department of Health and Human Services Inspector General’s Office, the states with the highest amount of recovered funds in 2010 were New York, Texas, Florida, California, and Ohio.  But they are working assertively in all states.  Medicaid fraud recoveries reached $20 million in Missouri, the state with the highest ratio of money collected to money spent.  With the promise of millions of dollars, there can be no doubt that the government will become more forceful, and the RAC contractors will become more insistent on finding improper payments.  But are the findings always correct?

Physicians Can Challenge RAC Audits

One of the most frustrating issues concerning RAC Audits is that in many cases mistakes are made by the auditors.  When this happens it is extremely difficult and time consuming to correct the mistake and make things right, but physicians have successfully challenged RAC Audits.  For example, a physician office in California was reviewed in 2009 to determine the appropriateness of Medicare payments.  The audit alleged that the doctor was “over-utilizing” certain procedure codes and calculated that they had overpaid the doctor $751,000, which would have to be paid back.  After fighting the claim for over 2 years, and going through a process of appeals and appearances in court, the review findings were dismissed and it was determined that Medicare actually owed the physician money.  This would be considered a victory if it weren’t for the time lost and the $150,000 in attorney fees spent out of the physician’s own pocket.  There are plenty of examples like this one all over the country, and health care providers need to protect themselves from potential problems.

Our Medefense Plus Policies Protect Against RAC Audits and More

The Keane Insurance Group offers an insurance policy to protect physicians against RAC Audits and other governmental proceedings.  Our Medefense Plus policy covers legal expenses, fines, and penalties arising from actual or alleged billing errors.  Coverage extends to allegations made by governmental agencies and their contractors.  Liability limits can be written as low as $100,000 and up to $1M and above.  The policies can be obtained by individual physicians as well as groups.

The Medefense Plus policy also covers defense expenses and fines relating to HIPAA violations, STARK, and EMTALA proceedings.  The coverage can be extended also to Cyber Liability such as breach of privacy, identity theft, and loss of printed or electronic data.  Contact your Keane representative if you have questions or if you’d like a quote and application.

What is Employment Practices Liability Insurance?

January 18th, 2012 by Administrator

What would you do if you were sued by an employee for discrimination, wrongful termination, or sexual harassment?  As soon as you hire even one employee you take on the risk of being held liable in an employment practices lawsuit.  These cases are becoming more prevalent in the U.S. and they stare down many different kinds of employers.  An estimated 3 out of every 5 businesses will be sued by one of their own employees, whether or not that employer is actually at fault.  An employer can be held liable for an employee’s action toward a third party, even when the employer has done nothing wrong.  Further, over 60% of employers that have fired an employee have faced a wrongful termination lawsuit.

 Obviously, this type of suit can happen anywhere, but statistics show that it’s more likely to happen to a small employer’s office than a large corporation.  You need an insurance policy to protect your medical practice against Employment Practices Claims.  Your Medical Professional Liability Insurance will not cover these claims.

 What Does the Policy Cover?

Employment Practices Liability Insurance (EPLI) covers claims made by employees or former employees for age, race, disability, or sex discrimination.  The liability limits for an EPLI policy vary but typically start at $500,000.  EPLI also includes coverage for other allegations such as sexual harassment, wrongful termination, third-party discrimination or harassment, and violations of the Fair Labor Standards Act (FLSA).  The policy covers defense costs as well as the loss.  This is important coverage because the average cost to defend an EPL claim is $150,000.

 You could be at risk even if you haven’t violated any laws.  Many of the EPL claims are made by disgruntled former employees who want to get back at their employers for one reason or another.  Even if the claim has no merit, the costs of time and money to defend against it add up quickly. 

The Keane Insurance Group offers Employment Practices Liability Insurance for medical practices at reasonable rates.  Contact your Keane representative to get a free quote.

 You may also want to consider additional coverage for Cyber Liability,Data Breaches,  HIPAA Violations, RAC Audits, and Loss of Data through our Medical Defense Policy.  We can provide coverage for your office contents, General Liability, and Worker’s Comp through Business Office Package Policy (BOP).  Let us know how we can be of service to you!

Medical Malpractice Premiums: Finance or Pay in Full?

December 27th, 2011 by Administrator

As a physician you may wonder if it is a good idea to finance your medical malpractice insurance premiums.  For some, the benefits of cash flow throughout the year outweigh the finance charges that are applied for monthly or quarterly payments.  Of course, you will want to find out how much it will cost you to spread the premiums out into payments before making a decision.  Also, compare the percentage rate charged by the insurance company to that of your own bank, line of credit, or a finance company specializing in insurance premium financing.   In some areas we are seeing free premium financing through the MedMal insurance companies — so in some cases quarterly and even monthly payments cost no more than paying in full. 

Having said that, it has been our experience that many physicians and groups pay the entire premium for medical malpractice insurance in one lump payment at the end of the year to get the benefit of the tax deduction for that year.  This can be a huge help when tax time rolls around in April.  Make sure you check with your tax accountant and a financial advisor to get in help in making this important decision.

The Keane Insurance Group offers medical professional liability insurance for any state and any specialty.  Contact us for more information.

Missouri Medical Malpractice Insurance Summary

December 2nd, 2011 by Administrator

The Missouri Department of Insurance has released its 2010 Missouri Medical Malpractice Insurance Report, which is available here.    The MO Dept. of Insurance has collected data on Missouri medical malpractice claims for more than 30 years.  This is important data for physicians, hospitals, and insurance companies because it shows how claim frequency and severity fluctuates from year to year. 

The 2010 report shows that the number of malpractice claims in MO has trended downward substantially since 2005.  The number of claims in ‘05 was 3,216 and was down to 1,708 in 2010.  Not only were the number of claims down, but the amount of average payments declined to $200,765 down from the highest average of over $250,000 in ‘05. 

The declining number of malpractice claims in the state has created a climate that is favorable for medical malpractice insurance companies as well as hospitals and physicians.  The rates for medical malpractice insurance in Missouri are very competitive.  Physicians are paying lower premiums as a result of the stable environment, and most physicians see Missouri as good place to practice medicine.

Keane Christmas Open House December 8, 2011

November 18th, 2011 by Administrator

Clients, business partners, neighbors and friends are invited to our annual Christmas Open House on Thursday, December 8th from 5:30 p.m. to 7:30 p.m.   Stop by The Keane Insurance Group office in Kirkwood  (135 W. Adams Ave. 63122) and celebrate the holidays with us.

President’s Letter

November 8th, 2011 by Administrator

To Our Valued Clients and Potential New Customers:

As fall rushes in I am reminded that we are again near the close of another year.  I hope that things are going well for you this year and that you finish with a prosperous 2011.  I know the last few years have been challenging for many practices.  Although there are still challenges in the recovery of our economy, we are seeing signs that things are turning around, and we look forward to the positive changes ahead.   

One of the goals we have set for ourselves as an agency this year is to open the lines of communication with our clients and business partners.  One way we hope to do this is with our new Keane Group E-Newsletter, which will be sent out quarterly. We are constantly monitoring the medical malpractice insurance market and will use this newsletter to update you on current events and changes that may affect you.  We would also like to hear from you – give us some feedback and interact with us about the issues presented.   

You can also connect with us through our social media sources such as Facebook, Twitter, and LinkedIn.  This blog  is another good way to stay updated.

Finally, I’d like to thank you for your business.  I value relationships with clients, whether you’ve just joined us or you’ve been a part of the Keane Group the entire 16 years we’ve been in business, you are important to us.  If there is any way we can be of service, please do not hesitate to contact us.

Sincerely,

C. John Keane

Additional information about our agency:

The Keane Insurance Group, Inc. is one of the largest brokers of professional liability insurance in the Midwest.  We have access to most medical professional liability insurance companies and can provide coverage for any medical specialty in any state.  With over 5,000 clients in more than 40 states, we continue to grow accross the country.  We have offices in St. Louis, Chicago, Kansas City, and Austin.  The Keane Group started out offering medical malpractice insurance in Missouri in 1995, and quickly expanded to offer medical malpractice insurance in Illinois and other border states.  Over the years, our commitment to customer service has been the driving force behind our success.  Looking to find out how much it costs to get malpractice insurance in Missouri, Illinois, Texas, Florida, New York?  For a quote in any state, please fill out a quick quote form and we will get in touch with you right away.

Northland Medical Managers Annual Symposium

November 3rd, 2011 by Administrator

The Keane Insurance Group will be exhibiting at the Northland Medical Managers 2011 Annual Symposium on Friday, November 4th.  The theme of this year’s symposium is “Circle Your Wagons” and includes speakers and over 50 exhibitors.  The event is being held at the Embassy Suites Airport hotel from 7:15 a.m. — 4:30 p.m.  Stop by our booth and say hi to Todd Herrman, our Kansas City broker.  He will have information on options for medical malpractice insurance for Missouri and Kansas as well as some great giveaways.  This is a good time of year to do some comparing for your practice’s malpractice insurance coverage and premiums.  Hope to see you there!

Keane Insurance Group Participating in the Kirkwood Halloween Walk

October 25th, 2011 by Administrator

Bring your trick-or-treaters by our office Thursday, October 27th from 5:00 — 7:00 p.m for some candy!  We are looking forward to participating in the Downtown Kirkwood Halloween Walk.  This is a great event that brings families into the Kirkwood business district in a fun and safe envioronment for the kids.  The shops and restaurants in the area will be giving out candy, hot chocolate, and cider for all.  So bring your children or grandchildren out — and make sure you come visit us!  Along with some delicious candy, we will also have information about the Haiti Orphan Project and how you can help.  Hope to see you there!

What Happens When Medical Information Goes Missing?

October 12th, 2011 by Administrator

Every physician and healthcare worker has heard the serious warnings related to HIPAA Violations.  For most, being cautious, following the rules, and putting safeguards in place protects them from breaches of patient privacy and the resulting penalties.  But what if someone outside of your practice loses data about your patients’ health, medical records, or personal information?  You could be held responsible. 

Of course any entity that you share patient information with is supposed to operate under the HIPAA Laws, but if you give medical records out that are eventually lost or stolen, you could be held liable.   It could come back to you at some point.  Healthcare providers, health insurance plans, and data management companies that regularly receive information from physicians are held responsible if the information is lost or gets in the wrong hands.  All of these entities are supposed to encrypt the medical records stored electronically to avoid this problem.  But there are many unknowns involved when information is shared and stored by multiple groups.

For example, in a recent article, a malpractice law firm lost a portable hard drive that included information on over 100 patients involved in a MedMal claim against a cardiologist in Baltimore.  Apparently HIPAA does not regulate law firms.  Maybe it should.  The hard drive had medical records of the patients, names, social security numbers, and more.  Unfortunately, this will only add fuel to the fire for the claim against this physician.

So what should you do?  First, make sure you understand the HIPAA rules and follow them.  Make sure any person or entity that you share healthcare information with does the same.  You should also make sure your medical malpractice insurance policy has coverage for HIPAA Violations.  If it doesn’t, you should purchase an additional policy.  Having this coverage could potentially save you hundreds of thousands of dollars in the future.  You can get a Medical Defense policy that adds other important coverage as well.  Contact your Keane Insurance Group representative for more information.