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RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September 18, 2014

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Page 1: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION:

“CONNECTING THE DOTS WITH GOVERNANCE”

SCHA TAP CONFERENCEHilton Head, South CarolinaSeptember 18, 2014

Page 2: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

Our Transformational Perspective

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Page 3: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

PR

OV

IDE

R N

ET

RE

VE

NU

E

TIME

Industry Transformation

• How do local market conditions impact timing considerations?

• Can market-changing events create an urgent paradigm shift?

• What is my step-change business model risk?• Do I have the financial tools to adequately

analyze relevant states?

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Page 4: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

Payer Movement to Value-Based Payment Models

Source: Availity Research, April, 2013

A Survey of the Commercial Payer Community

Increasing Portion of Business Supported By Value-Based Models

A Survey of the Commercial Payer Community

Per

cen

tag

e o

f P

ayer

Co

mm

un

ity

Per

cen

tag

e o

f P

ayer

Co

mm

un

ity

Increasing Portion of Business Supported By Value-Based Models

Which Service Lines Will You Focus OnOver Next 12-18 Months

Source: Availity Research, April 20134

Page 5: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

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Page 6: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

http://ehrintelligence.com/2013/08/23/acos-doubled-during-past-year-medicare-outpaced-commercial/

Risk Capable…ACO Adoption

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Page 7: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

The Risk Capable Healthcare Organization

Risk Capable

Populations, Utilization,Costs, Budgets, Monitoring

“Over-managed,”

Portfolio,Multiple Models, Funds

Distribution

Structure, Governance, Alignment, Value

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Page 8: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

Case Study Thumbnails

• Alabama Medicaid reform – a market-changing event

• Large orthopedics group – challenges around the corner

• National not-for-profit – revenue portfolio transformation

• National for-profit – preparing for changing markets

• BPCI pilots exploding

Markets are changing…..

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Page 9: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

LEGAL EXPOSURE ASSOCIATED WITH RISK-BASED CONTRACTING

• Financial Impact and Consequences– Hospital executives, Board and physician leaders need to understand

the scope of what is at risk and potential implications of assuming this risk.

– Need to develop and implement into payor strategy for all payors:• Governmental

• Commercial –Blue Cross, etc.

• Employers –Direct Contract

Page 10: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

LEGAL EXPOSURE ASSOCIATED WITH RISK- BASED CONTRACTING

• Leadership must have proper resources and skill set to evaluate and implement risk based strategies. Boards must know how to evaluate these new types of strategies:– Does hospital have the IT system to manage the risk-based

strategies?– Does hospital have clinical integration in place to assume risk?

Page 11: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

LEGAL EXPOSURE ASSOCIATED WITH RISK- BASED CONTRACTING

• Implications of Development of Clinically Integrated Network• Expectations Have Changed:

– Payors will be expecting hospitals to behave in a different way.– Hospitals will be expecting physicians to behave in a different way.– Physicians and patients will be expected to be more engaged and

informed and to work together more closely.– Population health management

Page 12: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

LEGAL EXPOSURE ASSOCIATED WITH RISK-BASED CONTRACTING

• Physician/Hospital Alignment– Hospitals who have financial relationship with physicians will be

changed as the reimbursement methodologies change.– Volume-based methodologies will transition to more specific clinical

and cost metrics• Value based purchasing

• Reducing re-admissions

• Reducing hospital acquired infections

– These new methodologies will need to be documented in new contracts with hospitals and physicians

• There will be growing pains

Page 13: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

Physician Value Based Purchasing

Medicare as Passive Payer

Medicare as Active Purchaser

Page 14: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

Who and When?

60% of Physicians

Page 15: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

What Are the Standards?

Physician Risk – Medicare Payment

Physician Practice ExpenseNumber of PatientsMalpracticeStark/Anti-kickback/CMPCoding Compliance and Accuracy

Quality Metrics

Costs to Medicare

Quality Metrics

Costs to Medicare

Page 16: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

Standards for Payment AdjustmentQuality

• PQRS

– Patient Safety

– Patient Experience

– Care Coordination

– Clinical Care

– Population Health

– Efficiency

• Outcome measures

– Avoidable admissions for heart failure, COPD, diabetes

– Avoidable admissions for UTI, dehydration, and pneumonia

– All-cause hospital readmissions

Cost

• Total Overall Costs (Medicare Parts A and B)

• Total Costs for patients with specific conditions

– COPD

– Heart Failure

– Coronary Artery Disease

– Diabetes

Medicare SpendingPer Beneficiary

Medicare SpendingPer BeneficiaryGets to Post-Acute Care SpendingGets to Post-Acute Care Spending

Page 17: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

LEGAL EXPOSURE ASSOCIATED WITH RISK-BASED CONTRACTING

• Regulatory Requirements/Risk– Although the reimbursement/compensation methodologies may be

changing, the regulatory framework for hospital/physician relationships are still in place.

– Must still comply with:• Stark Law• Anti-kickback Statute• Antitrust Laws• Civil Monetary Penalty Rules• False Claims Act Laws

– ACOs provide some potential limited waiver-protection regarding compliance with these laws but this is not enough.

– Ultimately, may need changes in the regulatory framework to give providers the room they need to make transition to these new models.

Page 18: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

LEGAL EXPOSURE ASSOCIATED WITH RISK-BASED CONTRACTING

• Other Potential Legal Implications– Development of exclusive high performing or narrow networks.

• Could a system be carved out of a certain service line within a market by a payor?

– Return of Economic Credentialing?• What happens to physicians who do not perform well under these new

risk-based methodologies?

• Employment status

• Medical staff membership status

• Participating provider status in payor network

Page 19: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

LEGAL EXPOSURE ASSOCIATED WITH RISK-BASED CONTRACTING• Other Potential Legal Implications• Executive Qualifications/Compensation

– As these new reimbursement/compensation methodologies evolve, will a different type of executive leader be needed?

– What will necessary skill sets be?– What will executive compensation look like?– Role of physician leaders will be critical

Page 20: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

Key Considerations

• Complexities in creating reliable forecasts and capital plans

• Federal and state uncertainties – “stroke of the pen” risk

• Operationalizing risk capability across multiple domains

• Articulating and demonstrating ROI on major current investments

• Compliance requirements across multiple providers

• Alignment around measurable participation criteria: quality, certifications, clinical protocols, payment incentives

• Accelerating transformation across the industry landscape

• Identifying and deploying the “right” tools to monitor progress and changes

• Continuous evaluation: measuring, reporting and adjusting

Achieving sustainable risk capability must consider:

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Page 21: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

Barriers – Forbes insights

50%

46%

32%

32%

31%

Difficulty in fully engaging physicians

Complexity and unpredictable impact of VBP contracts

Decrease in profitability during transition

Lack of information management infrastructure

Lack of sufficient economic predictability

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Page 22: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

Paralyzed by Confusion

Embracing the Opportunities

Existing in Denial

Resigned to Acceptance

High

RESILIENCY

Low

Low UNDERSTANDING High

A View on the Change Response

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Page 23: RISK CAPABILITY AND THE HARD WORK OF HEALTHCARE TRANSFORMATION: “CONNECTING THE DOTS WITH GOVERNANCE” SCHA TAP CONFERENCE Hilton Head, South Carolina September

The Risk Capable Healthcare OrganizationMaximize portfolio reimbursement to

foster financial success

Risk management in an efficient and profitable organization

Integrated provider network that

enhances the continuum of care

and creates value

Best practices for patient-centered care

Educated patients with accountability who utilize services appropriately

Provider criteria with defined metrics to

ensure compliance

Incentivized providers that manage quality and costs

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With You Today

Bill HannahMarket Leader - CFO Advisory ServicesDHG [email protected]

Matthew B. RobertsMemberNexsen Pruet, [email protected]

Scott E. HultstrandSpecial CounselNexsen Pruet, [email protected]