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Author: WorkCompAcademy

Reserving Lifetime Awards – It’s Complicated!

Bank of America Merrill Lynch analysts Felix Tran and Haim Israel, believe that genome sequencers such as Illumina, high-tech players such as Alphabet and biotech companies such as Novartis are on the cusp of “bringing unprecedented increases to the quality and length of human lifespans.”  If true, this certainly will be a factor in the equation of reserving lifetime workers’ compensation awards.

Innovation in genome science, big data and “ammortality,” which includes wearable technology and products in the so-called wellness space, could soon prolong healthy human life well beyond 100 years, according to BofA analysts.

“Medical knowledge will double every 73 days by 2020 vs. every 3.5 (years) in 2010, and genomic sequencing costs have fallen 99.999% since 2003,” Israel and Tran wrote. “This has enabled a new frontier in precision medicine to further extend life expectancy, heralding a ‘techmanity’ (technology meets humanity) revolution.”

Genomics, or the study of the human genome, will provide the “next generation of gene editing technology offering potentially revolutionary advances in prevention and disease treatments,” Bank of America said. Companies such as $46 billion genome sequencer Illumina, $27 billion lab instrument manufacturer Agilent and $89 billion life science equipment maker Danaher all have exposure to the space.

The growth of artificial intelligence combined with an ever-growing body of health-care data should help researchers analyze pathology, or the study of the causes and effects of diseases, in the years to come. Improvements in the technology have the potential to bring down health-related costs and enable precision medicine, the BofA analysts said.

Names in this space include Google parent Alphabet, Amazon (including its joint venture with Berkshire Hathaway and J.P. Morgan Chase) and Apple.

The “ammortality” theme “will help to improve health spans and [lifespans] to the betterment of human vitality, enabling the world population to live freer of disease rather than forever.”  Companies that represent “ammortality” plays as described by BofA include health-care technology firms such as Intuitive Surgical and Zimmer, which worked with Apple Watch to start a clinical study for 10,000 knee and hip replacement patients.

“Moonshot medicine” companies – or those that offer revolutionary solutions for health care – include the aforementioned Illumina and genomics companies as well as therapy makers such as Sangamo, Vertex Pharma and Neurocrine. These companies are working on cures or treatments for some of humanity’s toughest diseases, ranging from cystic fibrosis to Parkinson’s and Alzheimer’s.

Antidepressants Increase Case Closure Time

Concurrent treatment of chronic pain, depression, anxiety and occupational injuries is associated with large increases in total workers compensation claim cost and delayed return to work, according to a study authored by the chief medical officer for AF Group.

Published in the latest Journal of Occupational and Environmental Medicine, the study examined the impact of anti-anxiety benzodiazepines and antidepressants in combination with opioids on workers comp claim cost and closure rates, according to a statement from AF Group.

To gather data, researchers with Lansing, Michigan-based AF Group and the Johns Hopkins University School of Medicine in Baltimore analyzed 22,383 work-related indemnity claims from 2008-2013 that had three years maturity in Michigan from AF Group brands, the company said.

Results showed that the slowest claim closure rate – 58.3% in that time period – occurred among claimants with prescriptions for all three types of medications. Claims with both opioid and antidepressant prescriptions closed at a rate of 64.8%. The group without any medications had the highest closure rate at 91.8%, followed by the group with only opioid prescriptions at 89.1%.

Even when controlling for age, chronic pain, medical complexity and claim development in terms of years, antidepressant claims were more likely to remain open at the end of the five-year study period, according to AF Group.

“The overall direction of our findings was expected – injured workers who are experiencing a significant amount of pain or suffering from depression or anxiety will require more medical services than injured workers not experiencing such symptoms or psychosocial disorders,” said Dr. Dan Hunt, medical director at AF Group, in the statement. “What did surprise us is the increased recovery time and medical costs associated with antidepressant medications.”

May 6, 2019 News Podcast


Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: Another Settlement in State Opioid Litigation, Another Drugmaker Accused of Kickbacks, Hesperia Pharmacist Pleads Guilty in Opioid Case, Broker Prosecuted for 73 Bogus Policies, Counterfeit Oxycodone Online Drug Dealer Pleads Guilty, 90% of Patients Satisfied with Video Visits, Obscure Drug Committees Gain Power, Chamber of Commerce Publishes 2019 Job Killer List, CMS Announces New Payer Recovery Portal, WCRI Study Shows Stable Comp Costs.

Med-Legal Evaluators Face Fraud Charges

Psychologist Danita Stewart, 51, of Chatsworth, and Dr. Catalino Dureza, 54, of La Quinta, have been charged for allegedly submitting fraudulent insurance claims for Medical Legal Evaluations in an attempt to steal tens of thousands of dollars from multiple insurers.

Stewart, a licensed psychologist, allegedly submitted 36 fraudulent insurance claims between April 2015 and June 2015 to five different insurers for Medical Legal Evaluations for a total of $90,714. A Medical Legal Evaluation is conducted to evaluate an employee’s work-related injury.

Even though Stewart was a licensed psychologist she has never been certified as a Qualified Medical Examiner as required by law to conduct and bill for Medical Legal Evaluations. Stewart allegedly conducted these fraudulent evaluations at clinics in Fresno, Tulare, and Kern Counties.

Dureza, a licensed medical doctor, had obtained the proper certification to conduct and bill for Medical Legal Evaluations, but his certification lapsed.

Dureza allegedly continued to conduct and bill for Medical Legal Evaluations, and once he was recertified he conducted and billed for unauthorized Medical Legal Evaluations. Between January 2014 and May 2015, Dureza allegedly submitted 17 fraudulent insurance claims for Medical Legal Evaluations conducted in Fresno County to five different insurers for a total of $16,292.

Stewart and Dureza posted bond. Stewart will be arraigned on May 10, 2019. Dureza will be arraigned on May 20, 2019. The Fresno County District Attorney’s Office is prosecuting the cases.

These cases were investigated by the Central Valley Workers’ Compensation Task Force, an anti-fraud partnership which includes the California Department of Insurance, the Fresno County District Attorney’s Office, the Tulare County District Attorney’s Office, the Kern County District Attorney’s Office, the Kings County District Attorney’s Office, the Madera County District Attorney’s Office, the Merced County District Attorney’s Office, the Employment Development Department, and the Franchise Tax Board.

HHS Finalizes TV Ads – Drug Price Rule

Health and Human Services announced a final rule from the Centers for Medicare and Medicaid Services (CMS) that will require direct-to-consumer television advertisements for prescription pharmaceuticals covered by Medicare or Medicaid to include the list price if that price is equal to or greater than $35 for a month’s supply or the usual course of therapy.

In May 2018, the Trump administration introduced the American Patients First blueprint to bring down prescription drug prices. The blueprint laid out four strategies for solving the problems patients face: boosting competition, enhancing negotiation, creating incentives for lower list prices, and bringing down out-of-pocket costs.

Less than a year later, this final rule has been published to implement the vision laid out in the blueprint. Up until now, drug companies were required to disclose the major side effects a drug can have.

The new rule takes effect in 60 days, The information should appear in text large enough for most people to read and include a statement that patients with health insurance may pay a different sum.

The rule allows companies to include list prices of competitor products, and says HHS will publicize companies that create false or misleading ads. But primary enforcement will be left to industry. If a drug company fails to include required information, a competitor can file suit under the deceptive and unfair trade practice provisions of the Lanham Act.

HHS Secretary Alex Azar told reporters he could not provide an estimate of whether or how much the rule would change drug prices because “the behavioral aspects of this are too unpredictable” to quantify. But when combined with other steps the administration is taking on drug costs, the rule will lower medication prices, he said.

He dismissed statements from drug companies that the ads could cause some insured patients to stop filling their prescriptions out of the mistaken belief the drugs would cost them too much.

“If a drug company is afraid that their prices are so excessive and abhorrent that they will scare patients away from using their drugs, well they ought to look inside themselves and think about whether they should be lowering their prices,” Azar said.

“If you are ashamed of your drug prices, change your drug prices, it’s that simple,” he said.

The drug lobby PhRMA has been pushing a different plan that would not put prices directly in ads, but direct patients to more nuanced information, such as a website that includes the drug’s list price, an expected range of patient out-of-pocket costs and financial support available to patients.

PhRMA has as indicated it may mount a First Amendment challenge to the administration’s plan – but HHS says it believes the rule is consistent with Supreme Court precedent.

The drug industry spent more than $5.5 billion on advertising in 2017, including nearly $4.2 billion on television ads, according to HHS.

WCRI Panelists Predict Paradigm Shift to Telemedicine

The Insurance Journal reports that the use of telemedicine may be in its nascent stages within the workers’ compensation system, but the starting line has definitely been crossed with employers and workers’ comp insurers embracing the ability to provide remote medical care to injured employees using the video technology embedded in smart phones, tablets and computers.

Dr. David, a managed care consultant, made those comments as moderator of a forum on telemedicine during the Workers’ Compensation Research Institute’s (WCRI) 35th Annual Issues and Research Conference held earlier this year.

There is a “paradigm shift” occurring in workers’ comp when it comes to telemedicine, according to Dr. Stephen Dawkins, medical director at Cadaceus USA, an Atlanta, Georgia-based provider of medical management services in occupational health, and a member of the WCRI telemedicine panel. That paradigm shift is a “huge thing that we’re all going through whether you are the patient, the employer, whatever the case may be.”

AF Group, the parent organization of a group of workers’ comp carriers that together provide coverage in all 50 U.S. states, took the plunge several years ago and began offering telemedicine services to its policyholders. The program has been well received, according to Dr. Dan Hunt, medical director for AF Group, who told Insurance Journal he expects the use of telemedicine will become “very standard within the workers’ compensation industry” in the coming years.

Similarly, Dr. Dinesh Govindarao, medical director at State Compensation Insurance Fund (SCIF) in California, which also offers policyholders a telemedicine option, said it’s likely the industry will see a surge within the next three to five years.

Kurt Leisure, vice president of Risk Services for California-based The Cheesecake Factory, said his company began experimenting with telemedicine for addressing workplace injuries in February 2018.

Speaking as a member of the WCRI panel on telemedicine, Leisure explained that his company, which has more than 40,000 staff members and 214 full-service restaurants in 41 states and Puerto Rico, as well as 18 restaurants licensed internationally, is still in the process of determining the effectiveness of its telemedicine program.

However, benefits for both the staff and the company are apparent, he said. For the injured employee, “there’s no waiting room, there’s no four-hour emergency waiting room; they have the option. They can either go to the emergency room or they [can take advantage] of the telemedicine program. They are the ones that decide.

Kim Haugaard, senior vice president of Policyholder Services at workers’ comp carrier, Texas Mutual Insurance Co., said some of his company’s concerns with telemedicine center on the practicality of how it is being “delivered to injured workers, such as: does the provider have the technical capabilities to effectively offer telemedicine? At what stage of an injury is telemedicine no longer appropriate and conventional evaluation and treatment being appropriate?”

CMS “Physician Compare” Website Unreliable

A new study published in the JAMA Internal Medicine and reviewed by Reuters Health suggests that Physician Compare, a U.S. website created to help patients find high-quality doctors, is missing so much information on individual providers that it may not be helpful.

Quality reporting has been a work in progress for almost three decades since a landmark 1999 report from the Institute of Medicine, `To Err is Human,’ concluded that tens of thousands of patients deaths each year were the direct result of medical errors.

Physician Compare is the flagship effort by the U.S. Centers for Medicare and Medicaid Services. But while more than 1 million clinicians care for Medicare enrollees, only about 239,000, or 23 percent, had any quality information at all available on the Physician Compare website, researchers report in JAMA Internal Medicine.

And virtually none of the doctors had data tied to their individual job performance.

“To truly be able to inform patient decision-making, it is imperative that the data accessible to patients and their caregivers capture a large swath of clinicians,” said lead study author Jun Li of the University of Michigan in Ann Arbor.

In the current study, only about 21 percent of primary care providers reported some individual or group information related to outcomes from their practice. But almost all of this data was at the practice level, making it hard for patients to know who might be a better or worse choice among several physicians at one clinic.

And half of them provided details on no more than one or two quality outcomes.

Doctors who did share individual level outcomes tended to have very high quality scores, suggesting that physicians may only opt into the voluntary reporting system when they know the results will make them look good, the study authors note.

Clinicians also aren’t required to report data on outcomes for every patient, and they may choose only to submit information for cases that turned out well, researchers point out.

“Given its voluntary nature, it is not a surprise few doctors submit to this platform,” said Dr. Vineet Arora of the University of Chicago Medicine.

Convicted Vexatious Comp Litigant Arrested Again

64 year old Bruce Richard Senator,, was arrested in September 2006 after authorities read transcripts of emails and signed court affidavits where he complained that a wide conspiracy among judges and other government employees resulted in his workers compensation benefits being denied.

“I acquiesce to the use of force to punish the state of California for engaging in atrocities, violence and terrorism,: Senator wrote in one affidavit signed on July 4, 2006. … “The game is over. You lose.”

Deputy District Attorney Andre Manssourian argued that workers compensation judges William Whitely and Norman Delaterre – who handled Senator’s workers’ compensation case at one time or another – felt personally threatened by Senator and suffered “sustained fear.”

The Stanton California resident, who served as his own attorney during a two-week criminal jury trial in 2007, was convicted.

He fought that conviction, and the subsequent incarceration through the court system at least up until July 2017, when the federal 9th Circuit Court of Appeal denied his appeal of the denial of his Petition for Writ of Habeas Corpus.

In a 2013 Order to Show Cause RE: Vexatious Litigant, it was alleged that he had initiated approximately 26 civil actions in the Central District of California since 1999. “None of these actions has resulted in a judgment favorable to plaintiff. Moreover, many of them were dismissed as patently frivolous or for failure to state a claim.”

He has now again been accused of threatening five Orange County Superior Court judges. He pleaded not guilty to the charges last week in Orange County Superior court.

The nature of how the alleged threat was conveyed was not immediately known.

CHSWC Special Report on PQME Process

The Commission on Health and Safety and Workers’ Compensation (CHSWC) has released its 197 page twenty-fourth Annual Report for 2018. The Report presents information about the health and safety and workers’ compensation systems in California and makes recommendations to improve their operations.

The Annual Report summarizes the state of all the relevant areas of the workers’ compensation and health and safety systems. The Annual Report includes several Special Studies of targeted areas of interest. One of the Special Studies involved the PQME process. Key findings in the study of the PQME system included the following.

The number of providers registered as QMEs continues to decline (17% since 2007), but less rapidly than it did prior to 2007.
The number of requests for QME panels has increased rapidly, 87 percent since 2007.
— The decline in QMEs and increase in panel requests means that the number of requests per QME has doubled (+101%).
— Coupled with a continuing increase in the average paid amount for QME reports, the average QME earns 240 percent more from panel reports now than in 2007.
— All the increase in panel requests is from represented track cases, up 400 percent despite the elimination of panels for most medical treatment issues (replaced by the IMR process). This increase was equally driven by requests from both applicants and defendants.
— Panel requests for unrepresented cases declined 55 percent, driven entirely by a decline in requests by injured workers. The number of requests by claims administrators in unrepresented cases changed little.
— The DWC began collecting the reasons for panel requests on represented cases in 2015. Those data show that the primary reasons for panels are: compensability (42.5%), permanent disability (21.4%), and Permanent & Stationary (P&S) status (11.4%).

In response to the earlier study, SB 863 placed limits on the number of locations (10) at which QMEs can be registered. This has had the effect of distributing QME panels more evenly and widely among registered providers.

Very-high-volume QMEs (with 11-100+ registered locations) have been eliminated.
— However, a high proportion of panel assignments (55%-60%) are still assigned to the busiest 10 percent of QMEs, nearly all of whom have exactly 10 offices and are in orthopedic specialties.
— Unlike the very-high-volume QMEs studied earlier, the top 10 percent and 5 percent of QMEs by the number of panels in the current system produce reports that show less bias. Even the top 5 percent of QMEs by volume give ratings that are only slightly more conservatively than average.

April 29, 2019 News Podcast


Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: FTC Sues Surescripts for Illegal E-Prescription Monopoly, Two More Drugmakers Resolve Kickback Charges for $125M, LC 5814.5 Attorney Fee Requires Specific Award, First Prosecution of CEO and CCO of Large Drug Distributor, Fresno Pharmacist Arrested, CEO of Fresno Drug Treatment Home Indicted, FDA Approves Generic Naloxone Nasal Spray, WCIRB Report Shows Major Decrease in Opioid Use, E-mods Used to Prequalify Contractors for Bidding, Travelers Beats Wall Street Estimates.