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Opioid Drugmaker Pays $2 Billion to Resolve Criminal Charges

Indivior Solutions was sentenced to pay $289 million in criminal penalties in connection with a previous guilty plea related to the marketing of the opioid-addiction-treatment drug Suboxone. The sentence was pursuant to a plea agreement.

In total, the payments made by Indivior Solutions and its parent companies, Indivior Inc. and Indivior plc, along with payments made under a 2019 resolution with Indivior’s former parent, Reckitt Benckiser Group plc, and criminal penalties paid pursuant to plea agreements with two former Indivior executives will exceed $2 billion.

That amount represents the second-largest monetary resolution obtained by the Department of Justice in a case involving an opioid drug.

Suboxone, which contains the powerful opioid buprenorphine, is a drug product approved for use by recovering opioid addicts to avoid or reduce withdrawal symptoms while they undergo treatment for opioid-use disorder.

In connection with its guilty plea, Indivior Solutions admitted to making false statements to the Massachusetts Medicaid program (MassHealth) related to the relative safety of Suboxone Film, a version of Suboxone, around children.

Indivior Solutions pleaded guilty on July 24, 2020, to a one-count felony criminal information charging false statements relating to health care matters.

Last June, Indivior’s former CEO, Shaun Thaxter, pleaded guilty to a one-count misdemeanor information related to Indivior’s false and misleading representations to MassHealth. He was sentenced to a six-month term of incarceration and $600,000 in criminal fines and forfeiture.

Last August. Indivior’s former medical director, Tim Baxter, pleaded guilty to a one-count misdemeanor information related to Indivior’s false and misleading representations to MassHealth. His sentencing is scheduled for Dec. 17.

Indivior Solutions that in October 2012 it sought to convince MassHealth to expand Medicaid coverage of Suboxone Film in Massachusetts and sent MassHealth a misleading chart and false data indicating that Suboxone Film had the lowest rate of accidental pediatric exposure (i.e., children taking medication by accident) of all buprenorphine drugs in Massachusetts, when in fact it did not.

Indivior Solutions further admitted that sending the false and misleading information occurred in the context of marketing and promotional efforts directed at MassHealth, which were overseen by top executives.

MassHealth announced it would provide access to Suboxone Film for patients with children under the age of six shortly after Indivior provided the false and misleading information to agency officials.

Claimant Faces Felonies for Lying About Pain History

30 year old Alexander Cody Smith, of Canoga Park was arraigned on three felony counts of workers’ compensation insurance fraud after allegedly misrepresenting past injuries to receive over $38,000 in undeserved medical treatments and temporary disability benefits from his employer’s insurance company.

Smith, while working for Engen Enterprises Inc., claimed he injured his back on March 16, 2018, as he was lifting a box.

Over the course of his medical treatment, Smith complained of back pain to his treating physician and later added complaints of neck pain to the claim. According to his claim and his doctor’s medical report, Smith denied any previous injuries or complaints about his back, specifically to his thoracic or lumbar spine.

An investigation by the California Department of Insurance revealed a history of medical complaints related to both Smith’s neck and back, which reportedly began in October 2015, according to subpoenaed records from his former health care provider and rehabilitation specialists.

The records show Smith received medical treatment from February 25, 2017, through March 13, 2018, and according to the records, it was at this time Smith reported feeling depressed due to his pain. This was just three days prior to the date he claimed he got injured at work while lifting the box.

The Department’s investigation revealed Smith misrepresented the history of his prior back injuries. Smith’s actions were likely made in an attempt to continue treatment for his ongoing condition, which was not work-related. Smith provided false information regarding his prior existing issues, which resulted in excessive and unnecessary medical evaluations, treatments, and temporary disability benefits at a cost of $38,746 to his employer’s insurance company.

Smith was arrested on October 28, 2020 and arraigned on October 30, 2020. The Los Angeles County District Attorney’s Office is prosecuting this case.

Stunning Public Mistrust in COVID Vaccine May Limit Protection

Many recent studies show stunning public mistrust in vaccines. And mistrust could push levels that potential COVID-19 vaccines are taken in the United States below the rates needed to protect communities against the disease.

One new prepublication study of 8,000 people in the U.S. and Britain found that fewer people would “definitely” take a COVID-19 vaccine than the 55% of the population scientists estimate is needed to provide so-called “herd immunity”.

The study comes as one of the major vaccine efforts showed promising results. Pfizer said on Monday its experimental COVID-19 vaccine is more than 90% effective based on interim data from late stage trials. The data were seen as a crucial step in the battle to contain a pandemic that has killed more than a million people.

People without a college degree, those in low-income groups and non-whites are more likely to reject a COVID-19 vaccine, the study found.

Women were more likely than men to refuse a COVID-19 vaccine, but more respondents in both countries said they would accept a vaccine if it meant protecting family, friends, or at-risk groups.

In the United States alone, another study by the Pew Research Center found, the share of adult Americans who say they would “definitely” or “probably” get a Covid-19 vaccine fell from 72 percent in May to 51 percent in September.

An October Harris poll showed that 78% of Americans think that the speedy approval process of a coronavirus vaccine is driven by politics – not by proof that shots work. About 83% said they would worry about a safe a coronavirus vaccine is if it was approved quickly.

And recent Axios-Ipsos polls confirms that vaccine resistance is growing. The percentage of people who say they are likely to get the first generation COVID-19 vaccine as soon as it is available fell from about 47% in August, to 39% at the end of September.

Heidi Larson, a professor at the London School of Hygiene & Tropical Medicine, who co-led the newest study said “This threatens to undermine the levels of COVID-19 vaccine acceptance.” She is also director of the international Vaccine Confidence Project.

NCCI MPN Cost and Outcome Study – Not All Good News

Medical provider networks for workers compensation have become increasingly popular over the last two decades. In conjunction with increased market penetration, some MPNs have broadened their services: As a way to improve outcomes, they do not just provide medical care, they manage the medical services on a claim, including interacting with the patient.

A new report published by NCCI looked at the impact of MPNs on workers compensation claim costs for 10 common WC injuries.

Comparing claims managed in-network to claims managed out-of-network across states and for 10 common injuries:

Average paid medical costs are higher in-network for the more costly back and shoulder injuries and lower for several less costly injuries.
In-network cases have more and higher-level office visits,as well as more physical therapy modalities,than comparable out-of-network cases.
— Except for the more costly back injuries, in-network claims (as compared with out-of-network):
— — Are less likely to be admitted to a hospital.
— — Cost less for hospital outpatient services.
— — Cost more for physician services.
— For all 10 injuries and for both permanent partial and temporary total claims, the average total incurred cost per claim for in-network claims is lower than, or about the same as, that for out-of-network claims.
In-network claims are more likely to have permanent injury awards than out-of-network claims; selection bias may play a role here
— WC medical costs for physician services are higher than comparable Group Health costs. The main driver of this difference is higher utilization of services to treat WC cases.
— For all but a few injuries with comparatively small numbers of cases, greater MPN penetration in a state is associated with greater MPN utilization of physician services in the state.

Differences at a state level may be considered in a follow-up study performed later.

CWCI Study Shows 36.2% Drop in Hospitalizations

A new study from the California Workers’ Compensation Institute shows the steep drop in the number of inpatient hospitalizations involving California injured workers over the past decade was largely due to the ongoing decline in spinal fusions and a more recent decline in lower extremity joint surgeries.

The study reviews discharge data compiled by the state Office of Statewide Health Planning and Development (OSHPD) on 35.9 million inpatient hospital stays from 2010 through 2019 paid by workers’ compensation, Medicare, Medi-Cal and private insurance, in order to identify workers’ compensation inpatient trends and to compare the volume and types of California inpatient hospitalizations covered by workers’ compensation to those covered by the three other systems.

Workers’ comp is by far the smallest of the medical delivery systems reviewed, accounting for just 0.4 percent of all inpatient stays in 2019, which is not surprising given that it has only accounted for between 1.4 percent and 1.6 percent of California healthcare costs over the past decade.

However, over the same 10-year span the study found that the number of workers’ comp inpatient hospitalizations declined 36.2 percent, more than twice the 15.9 percent decline noted for private coverage, and in sharp contrast to the 4.0 percent increase in Medicare and the 14.5 percent increase in Medi-Cal hospitalizations.

The study found that a key factor leading to the reduction of workers’ comp inpatient stays was the sharp decline in the number of injured workers receiving spinal fusions, which fell 53.1 percent between 2010 and 2019, a decline that was spurred by multiple factors including the adoption of utilization review and independent medical review programs requiring that treatment meet evidence-based medicine standards, the elimination of duplicate payments for implantable devices used in spinal surgeries, and fraud convictions that led to the sale of hospitals that had a high volume of workers’ comp back surgeries.

At the same time the overall number of work injury claims declined and there were technological and procedural advances that allowed more services to be provided in outpatient settings, prompting the growth of ambulatory surgery centers and an expansion of services at those facilities.

The study notes that spinal fusions were not the only type of workers’ compensation inpatient hospitalizations that saw a significant decline, as the number of workers’ comp discharges associated with lower extremity joint replacements has gradually declined in each of the past five years, falling from 2,727 workers’ comp discharges in 2014 to 2,140 in 2019, a net decrease of 21.5 percent.

In addition to tracking inpatient trends for California workers’ compensation, Medicare, Medi-Cal and private plans over the 10-year study period, the study also provides detailed data showing the breakdown of workers’ comp inpatient stays among the top 5 Major Diagnostic Categories (MDCs); the proportion of surgical vs. “medical” (non-surgical) hospitalizations in each of the 4 payer groups; the top 5 workers’ comp surgical and medical inpatient discharges by diagnostic-related group (MS-DRG) in 2019; the breakdown of the top 10 workers’ comp MS-DRGs across payer groups in 2019; the volume and prevalence of spinal fusion surgeries by payer group from 2010 through 2019; and the top 10 hospitals for workers’ comp inpatient care as well as the 10 hospitals with the highest ratio of workers’ compensation inpatients to total inpatients.

CWCI members and subscribers can access the report in the Research section and others can purchase it for $14 from the online Store. CWCI members may also log in to the Research section to access an updated version of CWCI’s Inpatient Hospitalization Claim Interactive Tool.

Travelers Launches Global Companion Plus+ for Foreign Risk

The Travelers Companies, Inc. announced the launch of Global Companion Plus+. This new product builds upon the company’s broad property and casualty offerings for U.S. firms with foreign exposures.

Features of Global Companion Plus+ include:

Primary Foreign Voluntary Workers Compensation: Protects employees who are working outside of their home countries.
— Financial Interest: Provides a separate $1 million limit for U.S.-based companies as an extra layer of protection when an eligible foreign subsidiary suffers a covered loss.
— Global Panel Counsel Service: Helps businesses in need of legal assistance abroad find in-country representation experienced in local regulations and languages.
— Emergency Evacuation Coverage: Offsets the cost of employees who must evacuate while abroad. This now includes coverage for natural disasters, political unrest and endemic disease.

“Even if a business does not have a physical foreign footprint, having international customers, worldwide vendors or employees who occasionally travel to different countries could create exposures that may not be covered by a typical domestic business insurance policy,” said Tony Giannone, Vice President of the Multinational Accounts Practice at Travelers. “We have updated our Global Companion Plus+ product to include a more robust offering that fills coverage gaps for our customers who could experience claims or lawsuits outside of the U.S.”

Travelers provides global coverage in conjunction with its strategic alliances in the International Network of Insurance (INI), which includes major international insurance companies from more than 150 countries. As the INI’s exclusive U.S. insurer, Travelers is able to offer customers access to experts around the world who have a deep understanding of local laws, regulations, customs and services, including specialized local claim professionals coordinated through Travelers’ Global Claim team.

INI Partners are independent insurers as well as experienced leaders within their respective markets. Each network partner is approved by the INI Board of Directors and follows the same contractual membership obligations and service guideless worldwide. Partners carefully picked based on defined criteria such as: financial strength, servicing capabilities and experience and claims handling expertise.

To learn more about Global Companion Plus+, visit Travelers.com/GlobalSolutions.

Employers Increase Deep Cleaning and Sanitizing Stations

Business Insurance reports that most employers invested in providing sanitizing stations, increasing deep cleaning of common areas and hanging signage to educate workers on COVID-19 prevention and hygiene, according to a study conducted by the National Safety Council released Friday.

National Safety Council Itasca, Illinois-based NSC researchers surveyed 334 safety and health decision-makers for organizations with at least 250 employees across the U.S. to determine what safety practices the companies were implementing, how much they were spending on COVID-19 prevention and what effect those safety practices were having on productivity, performance and the spread of the virus.

The researchers surveyed employers primarily in manufacturing, construction, retail and office operations, as well as other industries, between July 14, and Aug. 4, finding that companies spent on average slightly more than $5,000 per employee on safety practices, which ranged from making remote work possible to providing personal protective equipment and hand sanitizer.

Among the most common safety practices adopted by employers was offering hand sanitizers throughout the facilities (80%), requiring face masks/shields or other personal protective equipment (75%) and requiring operators to sanitize work surfaces, machines, stations and tools at the beginning and/or end of each shift (72%), the study revealed.

More than three-quarters of surveyed employers also increased the frequency of deep cleaning (71%), added COVID-19 educational signage (70%), created employee self-reporting symptom and positive screening protocols (69%) and implemented remote working for non-essential employees (69%).

Of the industries, retailers were the most likely to use temperature screening (70%) and spend the most per employee on COVID-19 prevention, followed by educational services and health care and social services.

At the time of the survey, employers in construction reported the highest number of confirmed COVID-19 cases among workers, followed by retail trade and educational services.

Woman Sentenced to 2.5 Years for $374K EDD Fraud

Angela Stubblefield, 49, of Tacoma, Washington, was sentenced by U.S. District Judge Kimberly J. Mueller to two years and six months in prison and ordered to pay $219,871 in restitution for a disability benefits fraud and identity theft scheme.

According to court documents, between June 14, 2013, and May 1, 2017, Stubblefield and co-defendant Katherine Decker participated in a scheme to defraud the State of California by filing fraudulent claims for disability insurance benefits with the California Employment Development Department (EDD).

In furtherance of the scheme, Decker and Stubblefield used Decker’s position as an employee with the EDD to file fraudulent claims for disability benefits and to fraudulently extend existing disability claims, using the names and identities of real persons with and without their knowledge. In total, the conspiracy resulted in 15 fraudulent disability claims, resulting in a loss to the EDD of approximately $373,566.

Stubblefield was ordered to report to begin service of her sentence by Feb. 1, 2021. On Sept. 14, Stubblefield’s co-defendant Katherine Decker was sentenced by Judge Mueller to three years and seven months in prison for the disability benefits fraud and identity theft scheme.

“EDD employees rigorously work to protect the confidentiality of our claimant’s information and the integrity of the Disability Insurance program for Californians in need,” said EDD Director Sharon Hilliard. “We are grateful for the partnership of our federal and state partners in prosecuting any violator of that policy to the fullest extent of the law.”

This case was the product of an investigation by EDD’s Investigation Division and the Federal Bureau of Investigation. Assistant U.S. Attorneys Shea J. Kenny and Amy S. Hitchcock prosecuted the case.

November 2, 2020 – News Podcast


Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: Court Sustains Gardena PD Service Officer Fraud Conviction. SCIF Claims Adjuster and Chiropractor Face Fraud Charges. San Diego Internist Convicted for Illegal Opioid Prescribing. Technical Training School Owner Sentenced for $30M Fraud. DWC Sets Zoom Hearing on Changes to Med-Legal Fees. National Battle Heats Up Over Future of Gig Economy. WCAB Reinstates 5 Rules in 2 New En Banc Decisions. DWC Adds 11 New Telehealth Codes Into OMFS. Is Agili-C the Future of Joint Repair? COVID-19 Vaccine Likely by End of Year.

October Workers’ Comp COVID-19 Claim Count Dwindles

The California workers’ compensation COVID-19 monthly claim count may have peaked in July, but the latest tally by the California Workers’ Compensation Institute shows that as of November 2, there have been 50,592 COVID-19 claims reported to the state Division of Workers’ Compensation so far this year – including 282 death claims.

That translates to 1 out of every 9 California job injury claims reported for accident year 2020.

The latest figures show that after climbing rapidly over the first 7 months of this year and hitting a record 14,453 claims in July, the number of COVID-19 workers’ compensation claims reported to the DWC began to dwindle. The updated count shows 6,710 claims with August injury dates, 3,779 claims with September injury dates, and 2,016 claims with October injury dates.

A significant number of claims from September and October could still be reported, but the initial claim counts from both these months were well below the early counts from June and July, so even accounting for the reporting lag associated with COVID-19 claims, those figures suggest a significant downtrend.

CWCI now projects that there could ultimately be 15,786 COVID-19 claims with July injury dates, 6,910 claims with August injury dates, 4,535 claims with September injury dates, and 5,242 claims with October injury dates, which puts the projected number of COVID-19 claims for the first 10 months of 2020 at 57,833.

Notably, denial rates for COVID-19 claims have stabilized within a narrow range, holding between 28.7 percent and 31.3 percent from April through August, while denial data on September and October claims is still too green for analysis as many of those claims remain under investigation.

The distribution by industry shows that COVID-19 claims remain heavily concentrated among a small number of industry sectors, with more than three quarters of the claims from the first 10 months of this year involving workers in health care (37.1 percent); public safety/government (15.0 percent); manufacturing (8.3 percent); retail (7.9 percent); transportation (5.1 percent), and food service (4.4 percent).

The data on claims reported through October is included in the latest update to CWCI’s COVID-19 and Non-COVID-19 Interactive Claim Application, an online tool that integrates data from CWCI, the DWC, and the Bureau of Labor and Statistics.

CWCI updates its COVID-19/Non-COVID 19 data app with new data every two weeks and plans to expand its features as more data on claim type and systemwide costs become available.

The application is available to the public.