The Impact of Healthcare Reform Risk and Opportunity Jim Kunce FCAS MAAA, The Medical Protective Group November 11 th, 2014

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The Impact of Healthcare Reform Risk and Opportunity Jim Kunce FCAS MAAA, The Medical Protective Group November 11 th, 2014 1 Effect of the Patient Protection & Affordable Care Act (PPACA) Coverage expansion Medicaid expansion Insurance exchanges Increased regulation Different ACO models No tort relief More demand Less access Reimbursement declining Volume to value Consolidation on all fronts Measure satisfaction Measure quality "Certainty of death, small chance of success what are we waiting for? Gimli, Lord of the Rings 2 Rocky Start for the Affordable Care Act Affordability Remains a Concern 41 Changes to ObamaCare: 23 by the Obama Administration 16 by Congress 2 by US Supreme Court More to Come? ACOs Mixed results thus far Dependent on a primary care MD base that doesn t exist Disruption of traditional MD networks Transfers out of plan Shifts in AR: high deductible plans Expenses outpacing revenues Hospitals own 25% UC market, 9000, 1/3 owned by MDs 40% EHR dissatisfaction Apple 150 million user interface problem Source: Galen Institute May 22, 2014; McKinsey Center for US Health System Reform, March 2014 3 1

Affordable Care vs. Restricted Access One of the goals of PPACA was to keep healthcare insurance prices low. However, to do that, insurers are leaving some of the nation s top hospitals out of their covered networks. This is putting some families in a bind. Zoe Newton s family is one of them Insurers Restricting Choice of Doctors and Hospitals to Keep Costs Down The Washington Post (November 21, 2013) 4 Top Concerns in the New World Order Physicians Uncertainty Reimbursement Loss of control Compliance Technology Meeting expectations Productivity Outcomes Utilization Satisfaction MOC Hospital CEOs Financial challenges Physician alignment Governmental mandates Quality measurement Cost reduction Technology Patient engagement Population health management ACOs Patient safety and satisfaction Personnel shortages Source: American College of Healthcare Executives, 2013 5 Integrated Systems: Is the Glass Half Full or Half Empty The Good Streamline care transitions Decreased cost Prevent readmissions Evidence-based guidelines Narrow practice variation IT resources and $ Measure outcomes Measure satisfaction Disease management The Bad Hub and spoke problem Lack of due diligence Credentialing Disenfranchised MDs Different EHR systems Takes time: 6 8 yrs. Coverage issues Contract liability Few winners as of yet 6 2

ACOs Spreading Slowly Private MDs shrinking 511 ACOs Identified ACO lives tend to be concentrated in areas with a history of managed care. Physicians in private practice outnumber employed physicians, but shifting as less than half of the respondents with an ownership stake say they plan to remain in private practice Other half are actively or passively seeking to sell, retire or close practice --Jackson Healthcare Survey 66% of physicians think physicians and hospitals will integrate more in next 3 years Source: Geographic Distribution of ACO Covered Lives, Leavitt Partners, December 2013 AHA Trend Watch Chartbook2013; Deloitte 2013 Survey of U.S. Physicians 7 Physicians: Employment Rate Trends Employment Shifts Across All the States from Independent Practice to Larger Healthcare Organizations from Low Employment Rates in 2011 to Moderate and High Employment Rates in 2014 November 2011 March 2014 Source: SK&A Physician Employment Trends in Health Systems, March 2014 8 Supply vs. Demand FTE Physician Demand: Impact of PPACA Physician Office Visits by Age: U.S., 2000 2008 950,000 900,000 850,000 800,000 750,000 700,000 650,000 130K shortfall 8 7 6 5 4 3 2 1 600,000 2010 2015 2020 2025 0 < 45 45 to 64 65 to 74 75 + Projected Supply Projected Demand 1991 2000 2008 Source: Association of American Medical Colleges. (2010). AAMC Center for Workforce Studies, June 2010 Analysis. Centers for Disease Control and Prevention, National Ambulatory Medical Services Surveys, 2000 2008 9 3

Observation: We Have a Growing Math Problem Defensive medicine estimated to be 8 12% of costs. PCP to patient ratio = 1:10,000. New residents are doing 20% less procedures. High-deductible plans = huge shifts in AR. Are you going to send grandpa to collections? Access = 30 50 million new patients. Boomers = 75 million in the next 10 years. 350,000 with severe mental illness: 35,000 beds. Prediction: Moving older, more complex patients faster through the system, ordering fewer tests and consults, and not readmitting them will drive frequency. 10 Primary Care: Physician Assistants & Nurse Practitioners Physicians Assistants and Nurse Practitioners Projected to Provide 40% of Primary Care by 2025, Up from 30% in 2010. Source: Jackson Health Affairs, November 2013; Merritt Hawkins 2014 Review of Physician and Advanced Practitioner Recruiting Incentives 11 HSH: Integration Beyond Physician Practices Post acute care integration with acute hospitals coming soon? 40% of Medicare acute care patients discharged to a post-acute care setting in 2011 With U.S. population aging demand for post-acute care will increase. Post-acute providers generally have stronger Medicare Margins than acute hospitals Source: Deloitte Going vertical Opportunities for hospitals to embrace post-acute care, 06-2014; PricewaterhouseCoopers Q1 2014 US health services deals insights 12 4

Changing Role: Employed Physician Risk Contract liability Referral network Due diligence Standards of care Follow-up liability Best practice guidelines Resident training Supervision APPs Medication risk Social media Scope of practice Entrepreneurs Sunshine Act STARK law provisions EPL, D&O, E&O HIPAA breach 13 Emerging Risks Where Is the Puck Going? Aging population and physicians EHR work-arounds and texting Acquisition fall out hub and spoke problem Ecommerce Amazon of Healthcare Product liability: stents, hips, mesh, robotics, morcellators New bugs drug resistance, 48 hour, vector Drug Shortages Concussions CT or no CT scan LEP barriers Choosing Wisely no safe harbor Best practice guidelines vs. patient satisfaction 14 Emerging Risks Where Is the Puck Going? The use of Genetic testing 23andMe Telemedicine explosion taking place Nanotechnology what are the risks? Concierge medicine new patient expectations Home monitoring who s responsible for the data Scribes scope of practice? Google glasses privacy concerns Smart pills transmitting data Big Data drinking form a fire hose Metadata the next asbestosis Psychiatric boarding the math 15 5

EHR Liability: Is Metadata the Next Asbestosis? Time synchronization Audit trails/metadata Medical guidelines and best practices are not updated Alert fatigue/overload Too many normal indicators Abnormal areas are incorrectly documented Usable information is harder to find Document events before they actually occur Data entered for the wrong patient 16 New Technologies: DaVinci Meets McSleepy 17 Carrier Impact tackling the future of HC Traditional MD business is changing. Diversification of products and services. U/W credentialing, new technologies, new risks. Claims metadata, class action, manufacturing. Risk shifts to ERM going forward. Must have flexibility but be selective. There is a cost to sitting still. 18 6