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Interpreters Slam Proposed Fee Regulations

Is $448 enough compensation for a full day’s work for a certified interpreter servicing a hearing and deposition in California? What about $225 for half a day’s work? Some of them who are responding to the newly proposed fee regulations do not think so.

The DWC wants to know, so it is seeking public comment on the proposed interpreter fee schedule regulations it posted to its online forum on April 2, 2018.

A document made available online by the DWC shows that early comments to the proposed interpreter fee schedule centered around the amount, which, as one commenter observed, is only a “marginal improvement from the measly $52 per hour rate in 2015.”

Another complained about the percentage of the interpreter’s fee that interpreting agencies charge as a commission. “As it stands today, they take 30-50%. No one is even mentioning the disproportionate ratio of the broker’s commission versus the interpreter’s fee. We the interpreters are the service providers, not the agencies or brokers.”

She also complains that there “is no allowance for parking fees or for mileage, which, especially for interpreters who live and work in rural areas, in all fairness must be taken into consideration.”

A Korean interpreter complains that the fee schedule “is hopelessly removed from the market rates.” He concludes that “the new lower rates will serve a single purpose of benefiting the insurance companies.”

The chief objective of the proposal is to create a uniform fee structure, which it said is based on the federal court system.

Interpreters’ compensation has become a thorny issue in California ever since amendments have been introduced in the Labor Code and other state laws over the past three years to curb the incidence of medical fraud.

In May 2017, a group of interpreters even took the DWC to court over the new system of compensation for interpreters. In June, the same group led the fight against allowing “provisionally certified” interpreters to work if certified legal and medical interpreters are not available, which the group claimed has led to the undercutting of fees.

The regulation is also introducing a streamlined process for claiming payments, which includes detailed invoice information and billing codes. It also requires full documentation on the process of selection and arrangement of interpreters, especially if “alternative” interpreters were selected in the absence of a certified interpreter.

Physicians Convicted in Compound Medication Fraud

Two physicians pleaded guilty Wednesday in San Diego federal court, admitting to their role in prescribing expensive and unnecessary medications as part of a $65 million fraud against the military’s healthcare system.

Carl Lindblad and Susan Vergot, who worked for Choice MD in Cleveland, Tenn., wrote 4,442 total prescriptions in the span of a year and a half as part of the scheme, according to the investigation.

According to prosecutors, military members in San Diego were paid to recruit Marines and their family members to participate in a fake medical study, which included speaking to a doctor in a telemedicine session and being prescribed compound medication.

Lindblad, 53, and Vergot, 31, admitted to writing the prescriptions despite never examining the patients in person, and then sending the prescriptions to a pharmacy in Bountiful, Utah, which would bill TRICARE health insurance an exorbitant amount of money for the specialized medicine. Compound prescriptions are much more expensive than standard medicine because they are custom-made by pharmacists to tailor to a patient’s special needs. The medications have not been specified but many were in cream form, according to authorities.

In May 2015, TRICARE put a stop to filling prescriptions using non-FDA approved ingredients – used in compound prescriptions – after an audit uncovered suspicion of fraud.

The two doctors pleaded guilty to charges of conspiracy to commit health care fraud. They are set to be sentenced June 29.

The medical clinic’s owners, Jimmy and Ashley Collins, are also charged in the investigation and have pleaded not guilty. Prosecutors allege the couple made $45 million dollars in the scheme, using the money to buy property around Tennessee, Aston Martin cars and a yacht.

CFK Inc., the owner of The Medicine Shoppe pharmacy in Utah at the time, is also charged. Prosecutors have not revealed the people behind CFK, although court records identify them by the initials T.S. and W.W. Business records identify one of the owners as Wade Walters of Walters Holdings. Walters is one of several people being investigated in Mississippi on TRICARE fraud allegations.

Last month, Joshua Morgan, a former San Diego Marine, pleaded guilty to his role as a recruiter in the case.

First Opioid Cost Recovery Trial Set for March 2019

A federal judge pushing for a settlement in lawsuits seeking to hold drug companies responsible for their roles in the U.S. opioid epidemic on Wednesday set an aggressive schedule that would have the first trial take place in March 2019.

U.S. District Judge Dan Polster in Cleveland, Ohio picked three lawsuits by municipalities and counties in the state to be the first cases against drug manufacturers and distributors to face a jury in the sprawling litigation.

Polster, who is overseeing at least 433 lawsuits largely by cities and counties, has been pushing for a global settlement and has invited state attorneys general with state court cases or probes not before him to participate in those talks.

But roadblocks have emerged, and Polster in a ruling on Wednesday said the companies have “asserted forcefully that they cannot reach final settlement without litigating certain matters.” He said his scheduling order was intended to “address this impediment.”

The March 18, 2019 trial date will put the Ohio cases ahead of a May 2019 trial previously scheduled in a lawsuit by Oklahoma’s attorney general in state court. The four drugmakers in that case had sought a 2020 date. They will include the city of Cleveland, Cuyahoga County and Summit County. Discovery and depositions will proceed until then, and the trial date may be delayed or scuttled altogether if a settlement is reached.

“Getting the cases to trial accelerates an outcome of some sort,” said Archie Lamb, a lawyer for some of the plaintiffs.

Polster said additional trials would be scheduled in lawsuits by local governments in West Virginia, Illinois, Alabama, Michigan and Florida.

The cases were picked for so-called bellwether trials, essentially test cases used in mass litigation in the United States to help both sides gauge the range of damages and define settlement options.

To help the plaintiffs, Polster on Wednesday also ordered the U.S. Drug Enforcement Administration turn over “critical” data that would allow them to assess to what extent the companies sold or distributed drugs in the six states at issue.

The next settlement conference is scheduled for May 10.

To date no public information is available that would indicate any California workers’ compensation carrier or self insured employer is seeking a cost recovery based upon theories in these cases.

Salinas Caregiver Guilty of Fraud Charges

The Monterey County District Attorney announced that Elizabeth Hernandez, a Salinas resident and former caregiver with ResCare HomeCare, pled guilty on April 4, 2018 to insurance fraud and welfare fraud, both felonies.

She will be sentenced on June 27, 2018.

In July 2016, the District Attorney received an investigative lead from the workers’ compensation insurer for Ms. Hernandez’s employer – ResCare HomeCare. According to the referral, Ms. Hernandez sustained a work injury on September 5, 2015 and was ultimately placed on “unable to work” status.

Despite that restriction, she obtained a second caregiver job with the County of Monterey.

Despite receiving income from that second job in 2016, Ms. Hernandez failed to disclose that information to either ResCare HomeCare or to her workers’ compensation doctors. Had she disclosed her second job, the workers’ compensation benefits would have been reduced.

During the investigation, it was also determined that she failed to report her second job to the Department of Social Services. By omitting to disclose the second job to both the insurer and the Department of Social Services, she obtained income and benefits she was not entitled to.

On April 7, 2017, the District Attorney’s Workers’ Compensation Fraud Unit filed felony charges against Ms. Hernandez for insurance fraud, welfare fraud, and perjury. The case was investigated by District Attorney Investigator George Costa.

Under California criminal law, omitting to disclose material information in order to obtain benefits from a workers’ compensation insurer constitutes a felony violation of Penal Code section 550(b)(3). That felony carries a maximum penalty of 5 years in state prison and a fine of up to $50,000.

Similarly, failing to disclose employment income with the intent to obtain welfare benefits is a felony violation of Welfare & Institutions Code section 10980(c)(2). That felony carries a maximum possible penalty of 3 years in state prison and a maximum fine of $5,000

Deputy Sheriff Sentenced in Comp Fraud Case

A former San Diego County sheriff’s deputy who was seen lifting heavy weights after filing workers’ compensation claims for a back injury, which he said left him unable to do even light duty for most of last year, was sentenced Tuesday to three years probation and 180 days in custody.

Fox 5, San Diego, reports that Matthew Tobolsky, 40, pleaded guilty last month to a felony charge of making a misrepresentation to get an unearned benefit.

Deputy District Attorney Alan Kessler said Tobolsky – a five-year veteran of the Sheriff’s Department – filed the bogus claims after he pleaded guilty to a misdemeanor vandalism charge last year stemming from a domestic violence incident with his spouse. “This whole case is a fraud, your honor,” Kessler told Superior Court Judge Polly Shamoon. “He doubled down, claiming he was too impaired to work. This is an insult.”

Kessler unsuccessfully argued that Tobolsky be sentenced to 270 days behind bars. “He let the people (of San Diego) down. He tarnished the reputation of a very fine department,” the prosecutor told the judge.

Shamoon agreed to let Tobolsky do his custody time in a work furlough program. The judge said it was “almost an insult” that Tobolsky saw the alternative custody as an inconvenience.

A hearing was scheduled for May 30 to discuss requested restitution of $84,494.

Deputy Public Defender Edward Neusteter told the judge that Tobolsky had an MRI showing spinal complications and stayed out too long on workers’ compensation because he had concerns about going back to work.

Before he was sentenced, Tobolsky apologized to everyone involved. “I’m completely ashamed to be in this situation,” Tobolsky said. “I’m deeply remorseful.”

Tobolsky said he had 50/50 custody of his two elementary school children but had them more than that.

The defendant said he plans to re-enter society as a productive citizen.

CVS Launches Drug Price Transparency Tool

CVS Health will introduce a new effort to help customers compare drug prices for more transparency at its pharmacy counters, ratcheting up pressure on the pharmaceutical industry and drug costs.

Pharmacists have long advised patients on whether a drug is covered by insurance or whether a cheaper generic is available. But CVS admits a more robust effort is needed by its drugstores and pharmacy benefit business at a time an increasing number of patients are paying more out of their pockets for drugs as high deductible plans have proliferated.

CVS said its new “CVS Pharmacy Rx Savings Finder” allows for a more seamless process, reviewing the patient’s “prescription regimen, medication history and insurance plan information.” CVS said its “Rx Savings Finder” will show its pharmacists through an interactive screen whether the prescribed medicine is on the preferred list of drugs in the patient’s health plan formulary and whether the drug is indeed the lowest option.

When a patient comes to the counter, he or she may have a certain drug covered by a health plan or employer, but that’s not always the lowest cost option. And patients with a high deductible aren’t always seeing the true prescription cost nor are they presented with options in a seamless effort to save money and provided resources if they are uninsured or if something can be saved by switching from 30-day refills to a 90-day supply.

“Armed with the information available through our Rx Savings Finder, our more than 30,000 CVS pharmacists can play an important role by helping patients save money on their medications, providing advice on how and when to take them, and ultimately helping them achieve better health outcomes,” CVS Health executive vice president of retail pharmacy Kevin Hourican said in a statement accompanying the announcement.

CVS’ new “Rx Savings Finder” is expected to ratchet up pressure on drug makers already facing pressure from consumers, employers and the Donald Trump White House on prescription costs. CVS has also introduced new ways doctors of their customers can see drug costs “in real time” through a program available in the physician’s office that allows prescribers to pick lower cost medicines.

Drug makers are already facing a wave of pricing pressure as CVS, which operates the drug benefit manager (PBM) Caremark, works to complete its acquisition of Aetna, the nation’s third-largest health insurance company. Aetna has more than 20 million health plan members and the two companies have said they want to increase transparency on a range of health services including drug costs as a larger company that pays for patient care.

Meanwhile, health insurer Cigna is buying Express Scripts, a large PBM, and Anthem, the nation’s second-largest health insurer, is launching its own PBM. UnitedHealth Group, the nation’s largest health insurer, operates the OptumRx pharmacy benefit manager.

Opioid and Compound Med Spend Declines in Comp Claims

According to the 12th annual myMatrixx Drug Trend Report, workers’ compensation pharmacy spending decreased 3.3% in 2017, and opioid utilization declined for the seventh consecutive year as a result of aggressive clinical solutions and increased regulatory activity.

Drug spend on opioids declined 11.9% for workers’ compensation payers in 2017. Many states have acted to address the opioid crisis through a multifaceted approach involving state-specific formularies, opioid guidelines and limits on initial opioid dispensing days’ supply and/or morphine equivalent dose. These factors resulted in 74.2% of workers’ compensation payers spending less on opioids in 2017 than in 2016.

While a decrease in the utilization of opioids is a positive sign for the workers’ compensation industry, there is still work to be done. The research found dangerous drug combinations and long-term use of opioids still pose care and cost concerns. Nearly 40% of injured workers took an opioid along with a muscle relaxant, while 9% took an opioid and benzodiazepine. Taking these medications together can increase the risk of side effects and death from respiratory depression.

Additionally, the report noted that by the eleventh year of injury, the cost per injured worker reached $3,402.07, with $1,862.36 spent on opioid medications. Among those with age of injury of 10 years or more, over half filled an opioid medication in 2017.

For the third year in a row, spending on compounded medications decreased – a decline of 37.9% in 2017, falling out of the top 10 therapy classes.

While compounded medications continue to be a focus because of their high cost, it is clear that effective management strategies can reduce unnecessary costs and waste associated with clinically unproven ingredients.

Spending on specialty medications to treat conditions such as HIV and osteoarthritis increased 3.8% in 2017. While these drugs represent less than 1% of all medications used by injured workers, the extreme high cost per prescription requires payers to stay vigilant.

Payers who have injured workers with occupational exposure to needle-sticks often include HIV medications on their formulary to ensure quick access to work-related HIV prophylaxis therapy. This therapy class saw the highest spending among specialty medications.

Other Key Findings of the Workers’ Compensation Drug Trend Report include:

– Generic fill rate increased to 85.6% across our workers’ compensation payers in 2017. Yet, payers could have saved $80.8 million through an optimal mix of clinically appropriate generic options.
– The average cost of a physician-dispensed medication was $270.70, compared to $108.49 for a pharmacy-dispensed medication. This means plans paid a $162 premium for physician-dispensed medications which bypass pharmacist review at the point of sale. Of the medications dispensed by physicians, nearly half are used to treat pain.
– On average, payers spent $1421.36 per injured worker for prescription medications in 2017.

Owner of Ventura Cleaning Service Guilty of Premium Fraud

An Oxnard business owner pleaded guilty Friday to four felony insurance code violations related to workers’ compensation payments, according to the Ventura County District Attorney’s Office.

Prosecutors said Victor Vega, 52, made fraudulent statements to reduce the cost of workers’ compensation insurance for his company Vega’s Cleaning Service.

He pled guilty to four felony violations of Insurance Code section 11760(a), making fraudulent statements to reduce the cost of workers’ compensation insurance.  As to each count, Vega also admitted special allegations that the crimes involved the taking of more than $200,000.

Prosecutors claimed that between December 23, 2010, and February 26, 2015, he systematically under reported more than $1 million in payroll to his workers’ compensation insurance carriers.

Vega will be sentenced on June 5, 2018, at 9:00 a.m.in Ventura Superior Court, County of Ventura, courtroom 12.

Vega faces a maximum of 10 years in state prison and could be ordered to pay up to $428,867.13 in restitution.

Federal Health Care Fraud Program Recovers $2.4B in 2017

The Department of Health and Human Services and the Department of Justice Health Care Fraud and Abuse Control Program published their Annual Report for Fiscal Year 2017.

The Federal Government won or negotiated over $2.4 billion in health care fraud judgments and settlements in 2017, and it attained additional administrative impositions in health care fraud cases and proceedings. As a result of these efforts, as well as those of preceding years, $2.6 billion was returned to the Federal Government or paid to private persons.

Of this $2.6 billion, the Medicare Trust Funds received transfers of approximately $1.4 billion during this period, and $406.7 million in Federal Medicaid money was similarly transferred separately to the Treasury as a result of these efforts.

In FY 2017, the Department of Justice opened 967 new criminal health care fraud investigations. Federal prosecutors filed criminal charges in 439 cases involving 720 defendants A total of 639 defendants were convicted of health care fraud-related crimes during the year.

Also in FY 2017, DOJ opened 948 new civil health care fraud investigations and had 1,086 civil health care fraud matters pending at the end of the fiscal year. In FY 2017, the FBI investigative efforts resulted in over 674 operational disruptions of criminal fraud organizations and the dismantlement of the criminal hierarchy of more than 148 health care fraud criminal enterprises.

In FY 2017, investigations conducted by HHS’ Office of Inspector General (HHS-OIG) resulted in 788 criminal actions against individuals or entities that engaged in crimes related to Medicare and Medicaid, and 818 civil actions, which include false claims and unjust-enrichment lawsuits filed in federal district court, civil monetary penalties (CMP) settlements, and administrative recoveries related to provider self-disclosure matters.

HHS-OIG also excluded 3,244 individuals and entities from participation in Medicare, Medicaid, and other federal health care programs. Among these were exclusions based on criminal convictions for crimes related to Medicare and Medicaid (1,281) or to other health care programs (309), for patient abuse or neglect (266), and as a result of licensure revocations (973).

HHS-OIG also issued numerous audits and evaluations with recommendations that, when implemented, would correct program vulnerabilities and save program funds.

Due to sequestration of mandatory funding in 2017, there were fewer resources for DOJ, FBI, HHS, and HHS-OIG to fight fraud and abuses against Medicare, Medicaid, and other health care programs. A total of $20.7 million was sequestered from the HCFAC program in FY 2017, for a combined total of $115.5 million in the past five years. Including funds sequestered from the FBI and the FY 2013 discretionary HCFAC sequester, the total equals $161.7 million in the past five years.

Whistleblower Accuses Ventura County of $100M Medical Fraud

Ventura County officials are investigating a fired health care manager’s claims of irregular and fraudulent financial practices in the county’s public medical system. The allegations were cited in a $5.24 million retaliation claim filed against the county last year by Timothy Patten, chief deputy director and No. 2 person in the Ventura County Health Care Agency for most of 2016.

Patten said he had identified more than $100 million in activities he suspected were aimed at defrauding government agencies, the Ventura County Board of Supervisors, financial rating agencies and bondholders – a description the county’s chief financial officer found absurd. In Patten’s view, county officials had violated laws related to employment as well as abuse and fraud of Medicare and Medi-Cal, the government insurance programs that cover the bulk of patients in the Ventura County Medical Center system.

The VC Star reports that Patten settled with the county for $151,000 in severance, an agreement that required him to provide the factual basis for his allegations. A team of county legal and health care officials has been investigating the information in that document for the past seven months.

No evidence of broad losses, waste or fraud was identified in an analysis of the investigation that County Counsel Leroy Smith released Thursday. The team has not found any clear legal violations that need to be immediately corrected, based on a preliminary review of financial reports and interviews with 20 employees and officials with knowledge of the agency’s accounting practices, Smith wrote.

A few questions Patten raised about licensing issues at clinics and the size of physician payments did merit further review, Smith said.  The latter involved whether physician time sheets were accurate and some doctors were paid over the recommended rates and outside the normal review process, Smith’s report stated.  

Smith has said the accounting firm of Moss Adams and Huron Consulting Services, which the county has already retained to retool Ventura County Medical Center, may be asked to look at remaining issues. He expected the probe to be completed sometime this year.

Patten provided a five-page, typed statement to the county to back up his claim. The disclosures were based on more than 30 years as a health care executive in a variety of sectors and experience in investigations and compliance, he said. The document described what he called “accounting irregularities” and “potentially fraudulent accounting practices” in the system that is projected to spend $877 million this fiscal year.

Virtually all of his assertions were denied by Chief Financial Officer Catherine Rodriguez and Health Care Agency Director Johnson Gill, who said they indicated a lack of understanding of how public hospital systems work.  “There are basic principles that are totally missed here,” Gill said.

Patten said the budgeting process was incomplete and inadequate for such a large operation, the accounting methods were inconsistent and the agency moved money around to balance the books. At cash management meetings, finance staff would make up numbers to balance projections, he said. “Millions of dollars were added and subtracted without any backup or consent on the part of the operational leaders,” he wrote.

Rodriguez and Gill said the transfers are part of authorized shifts from the county to the state for the cost of the Medi-Cal program. Operational leaders were present at meetings where cash flow was discussed, Rodriguez said.

Smith agreed with Patten’s assessment that budgeting should be improved, saying it’s understood that the accounting systems and resources are not adequate for the demands of the large health system. But Patten’s claim that at least 10 clinics never had budgets seems to have no basis in fact, Smith’s analysis said.

Patten claimed it was also wrong to book a $15 million payment that was two years away. Rodriguez said the entry was justified because it was supported by law, could be estimated and was probable.

It appears Patten correctly pointed out that some clinics were not properly licensed, leading to billing problems. Gill said the situation at one clinic has been resolved but that the other in Santa Paula cannot be licensed until a state-authorized building is found. Smith doubted the county was submitting erroneous bills for payments to clinics without proper licenses but said the issue merited further review.

Patten said the financial position of VCMC was overstated because it failed to show a $15 million liability for drugs that were incorrectly given to patients who were not low-income. Gill said the problem was being corrected by the time Patten arrived in 2016.

Another section of his statement was devoted to what Patten called potentially fraudulent activities. He said the process physicians use for filling out time sheets violates federal standards because doctors are signing blank time sheets, then employees fill them in without knowing how much time the doctors have worked.

Cash transfers between the county and clinics exceed approved amounts and physician pay rates may exceed accepted standards, he said. Among other issues he reported: purchase orders from physicians do not follow federal guidelines, contract amendments are not being done in writing, and an unapproved accounting transfer of roughly $4 million was made from VCMC to the health care plan run by the county.

Smith said the issues had either been corrected, were not substantiated or were being addressed. He said the transfer Patten identified was approved by the Board of Supervisors.