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Former PEO Operator Pleads Guilty

A former El Dorado Hills man has pleaded guilty in federal court to using business funds for personal expenses.

Gregory J. Chmielewski, 46, of West Bend, Wisc., operated a business in Roseville and later Sacramento called Management Resources Group California LLC, which also went by the name Independent Management Resources.

The company was supposed to sell and manage workers’ compensation insurance for companies, eventually paying money for valid claims. But Chmielewski spent funds that were supposed to be reserved for claims, and the company couldn’t cover claims. On Friday he pleaded guilty in Sacramento to two counts of mail fraud for transferring business funds to his own personal use.

According to the plea agreement, California workers’ compensation insurance rates rose quickly in early 2003. Some entrepreneurs negotiated agreements with California Indian tribes to collaborate on business ventures to sell alternative insurance plans not subject to the state’s insurance regulations because the ventures operated under the sovereign domestic nation status of the tribe. That’s what Chmielewski did.

Prosecutors say Chmielewski in 2003 set up Management Resources Group California LLC to sell workers’ compensation insurance. Chmielewski then worked with Fort Independence Community of Paiute Indians near Death Valley to create a professional employer organization called Independent Staffing Solutions, managed by his Management Resources Group.

From 2004 through 2007, more than $225 million passed through Independent Staffing Solutions accounts. As part of managing Independent Staffing Solutions, Chmielewski promised to maintain a financial reserve to pay valid claims. But Chmielewski used $7.3 million of the money in reserve accounts for his own personal real estate investments.

Independent Management Resources went out of business in 2010 through a Chapter 7 bankruptcy liquidation, leaving about 117 injured workers with approximately $1.8 million in unpaid claims.

Chmielewski is scheduled to be sentenced on April 1, by U.S. District Judge Garland E. Burrell Jr. Chmielewski faces a maximum statutory penalty of 20 years in prison and a $250,000 fine or up to twice the gain or loss from the offense.

This case was investigated by the U.S. Postal Inspection Service, the IRS and the California Department of Insurance. Assistant U.S. Attorneys Heiko Coppola and Andre Espinosa were prosecutors.

Advance-Fee Scam Moves Into Comp Fraud Arena

An advance-fee scam is a type of fraud and one of the most common types of confidence trick. The scam typically involves promising the victim a significant share of a large sum of money, which the fraudster requires a small up-front payment to obtain. If a victim makes the payment, the fraudster either invents a series of further fees for the victim, or simply disappears.

There are many variations on this type of scam, including 419 scam, Fifo’s fraud, Spanish Prisoner scam, the black money scam and the Detroit-Buffalo scam. The scam has been used with fax and traditional mail, and is now prevalent in online communications like emails.

Online versions of the scam originate primarily in the United States, the United Kingdom and Nigeria, with Ivory Coast, Togo, South Africa, the Netherlands, and Spain also having high incidences of such fraud. The scam messages often claim to originate in Nigeria, but usually this is not true. The number “419” refers to the section of the Nigerian Criminal Code dealing with fraud, the charges and penalties for offenders. Generally a victim will receive an email from someone in a foreign country who claims to have a stash of cash and needs your help to get the money out of the country into your bank account. In exchange for your help, you are to keep part of the money, which never arrives.

Now the advance-fee scam has a Workers’ Compensation variant. A Chico woman has been arrested on suspicion of grand theft and elder abuse after accepting nearly $29,000 from an Illinois woman in a workers’ compensation scam. The woman, Sandra Freeman, 53, was arrested after Chico police detectives served a search warrant at her residence in the 2500 block of The Esplanade, according to a press release published in the Chicoer.

Detectives were said to have found evidence that Freeman had been accepting money orders, Western Union transactions and cash deliveries for more than year, according to the release. She would then allegedly wire the money to multiple locations in Nigeria.

The arrest stemmed from a report Chico police received Jan. 5 from the Danville Police Department in Illinois. The report outlined how a 72-year-old Danville woman had been the victim of an Internet scam. The woman, whose name was not given, received a private Facebook message from a person who was disguised as one of the woman’s friends. The message relayed that the woman was eligible to receive a $150,000 workers’ compensation settlement.

The woman was given a phone number spoke with an “attorney” who explained that to receive the settlement she would need to make payments to cover things like an “application, delivery fee, taxes, insurance and attorney’s fees,” according to the release.

The woman, who felt comfortable talking to the unknown “attorney” because the information was provided by a person she thought was her Facebook friend, then sent five cash transactions to an address in Chico over the course of a month. The transactions totaled $28,700. The woman was told by the unknown person over the phone to mail the money to a Sandra Freeman. Chico police detectives then confirmed with the U.S. Postal Service that five envelopes were delivered to Freeman’s address on The Esplanade.

Following a search of Freeman’s home, she was booked at the Chico Police Department and taken to Butte County Jail.

Emergency Rooms Face Increasing Medication Shortages

A new study summarized in Reuters Health says that U.S. emergency rooms are increasingly running short on medications, including many that are needed for life-threatening conditions. Since 2008, the number of shortages has risen by more than 400 percent, researchers found. Half of all emergency room shortages were for life-saving drugs, and for one in 10 there were no available substitutes, they report in Academic Emergency Medicine. And a bad result in an emergency room can easily result in a higher workers’ compensation claim cost in the long run.

Half of the individual shortage incidents had no explanation, the authors found. The rest had a variety of systemic causes that add up to a U.S. drug supply too low to meet public demand.

“Drug shortages are of particular concern in emergency care settings where providers must rapidly treat ill and injured patients,” said lead author Kristy Hawley of the George Washington University School of Medicine and Health Sciences in Washington, D.C. “For most medications, substitutes exist but may not be as effective and may have more side effects, or providers may not have as much experience with them,” she told Reuters Health by email.

The researchers looked at U.S. data on drug shortages between 2001 and 2014. The information came from hospital doctors’ reports, and it’s possible there were additional unreported shortages, the authors note. The number of shortages declined steadily between 2001 and 2007 but began a sharp, continual rise in 2008. Of the 1,798 shortages reported over the 13-year period, 610, or about one third, were for drugs used in emergency medicine. Over half of these were shortages of drugs used as lifesaving interventions or for high-risk conditions. The average shortage duration for emergency drugs was nine months.

Drugs for treating infections were the most common ones to run low, with 148 shortages. Painkillers and drugs for treating overdoses and poisonings were also among the most common shortages. Hawley noted that a particularly problematic shortage was for nalaxone, the only injectable treatment for opiate overdose.

In nearly half of shortage incidents, the manufacturer did not give a reason for the shortage when contacted. For shortages with a known reason, about a quarter were due to manufacturing problems or delays, around 15 percent were caused by market supply and demand issues and about 4 percent were from problems with raw materials.

In 2013, the U.S. Food and Drug Administration released a plan to combat drug shortages. Last spring, the agency also released a mobile app for doctors and pharmacists to search for information about drug shortages.

Drugmaker “Pay for Delay” Deals Decline After Top Court Ruling

Reuters Health reports that branded drug companies hammered out far fewer deals with generic drug makers to delay sales of cheaper medicines in the year after the Supreme Court ruled the Federal Trade Commission could legally pursue such agreements as potentially illegal.The FTC, which has fought the practice for years, said that pharmaceutical companies reached 21 of the “pay-for-delay” deals in fiscal 2014, compared with 29 in 2013 and a record 40 in 2012.

The Supreme Court ruling (Federal Trade Commission v. Actavis, 12-416) said in June 2013 that the deals could potentially be a violation of antitrust law but refused the FTC’s request to declare them to be presumed to be illegal.

An FTC study concluded in 2010 that pay-to-delay costs consumers $3.5 billion a year in higher drug prices. Over the last decade, generic drugs have saved consumers more than $1 trillion. That figure could be a lot higher if pay-to-delay were banned. The FTC says 40 such deals were struck in fiscal 2012 alone.

In a typical pay-for-delay deal, a branded drug company will give a generic firm money or some other consideration in exchange for the generic firm’s agreement to delay bringing out a cheaper version of the medicine.

The FTC said it was pleased with the drop in the number of the deals. “Although it is too soon to know if these are lasting trends, it is encouraging to see a significant decline in the number of reverse payment settlements,” said Debbie Feinstein, director of the FTC’s Bureau of Competition, in a statement.

The FTC did not say which drug makers were involved in the 21 deals but did say that the 2014 agreements involved 20 different branded drugs with combined U.S. sales of about $6.2 billion.

Ten involved a cash payment, six involved compensation via a related business arrangement and five involved an agreement by the branded manufacturer to refrain from marketing a competing “authorized” generic for a certain period of time, the FTC said.

An FTC table said that there were three potential pay-for-delay deals in fiscal 2005, 14 the following two years and then a steady increase until 2012, when the number of deals hit 40 in fiscal 2012.

The agency noted that while the number of pay-for-delay deals declined in 2014, the absolute number of settlements actually settlements between branded and generic companies actually increased to a record 160.

U.S. HealthWorks Expands Operations in Bay Area

U.S. HealthWorks, one of the largest operators of occupational health and urgent care centers in the United States, announced it has acquired Muir/Diablo Occupational Medicine, an affiliate of John Muir Health, effective January 9, 2016. Muir/Diablo Occupational Medicine operates three occupational care centers in the East Bay region of the San Francisco Bay Area.

U.S. HealthWorks currently has 11 centers throughout the San Francisco Bay Area, including two in the East Bay (Oakland and Berkeley). The acquisition of these three centers allows U.S. HealthWorks to better serve the large population in the region and brings the total number of U.S. HealthWorks medical and onsite clinics to 227 nationwide in 20 states.

The acquired centers are located at: 2231 Galaxy Court , Concord, CA 94520, 1981 N. Broadway, Suite 190, Walnut Creek, CA 94596 and 2400 Balfour Road, Suite 230, Brentwood, CA 94513. The facilities will continue to offer a wide range of occupational health services, including injury management, physical exams, corporate medical services and physical rehabilitation.

“The physicians at Muir/Diablo have proven expertise in managing workplace injuries and reducing workplace risk,” said Joseph Mallas, President and Chief Executive Officer of U.S. HealthWorks. “We are pleased to bring these centers into the U.S. HealthWorks family and look forward to the opportunity to expand our service to clients and patients in this key California region.”

“We appreciate the opportunity to become part of the U.S. HealthWorks team in this region,” said John Gunderson, MD, President of Muir/Diablo Occupational Medicine. “U.S. HealthWorks is a leader in the field of occupational care, and with greater resources and an expanded team of experts, we look forward to continuing to provide exceptional patient care.”

The terms of the transactions were not disclosed.

U.S. HealthWorks, a subsidiary of Dignity Health, is one of the country’s largest operators of occupational healthcare centers with 227 medical and worksite clinics in 20 states and more than 3,600 employees, including about 800 medical providers. Its centers collectively serve more than 13,000 patients each day.

Say Goodbye to Some Old Legacy Liens!

The Division of Workers’ Compensation ended its collection of lien activation fees at midnight on December 31, 2015. Any liens not activated by that time were dismissed by operation of law.

New liens are still required to pay a filing fee.

Lien fees are one of the components of Senate Bill 863’s workers’ compensation reforms. SB 863 requires a provider to pay a $150 filing fee for filing any new lien on or after January 1, 2013. For liens filed prior to January 1, 2013, prior to filing a Declaration of Readiness to Proceed (DOR) to request a lien conference or prior to appearing at a lien conference on or before January 1, 2014 were required to pay a lien activation fee. In addition any lien not activated by January 1, 2014 was to be dismissed by operation of law.

Litigation enjoined lien activation fees for two years until the U.S. Court of Appeals upheld the constitutionality of the fees. DWC resumed collection of the lien activation fees on November 9, 2015 before ending December 31, 2015.

One court provision stated that if between November 9, 2015 and December 31, 2015, the lien activation payment system became non-operational for six or more hours in a 24-hour period, the deadline would be extended by one calendar day for each day of non-operation. However, this was not necessary as the system remained operational. During this period more than 254,000 liens were activated. A total of 461,650 lien activation fees were filed between January 2013 and December 31, 2015. A total of 536,945 new liens were filed during the same time period.

Ambulance Fees Reduced in Revised OMFS

The Division of Workers’ Compensation administrative director has adopted an order incorporating the Centers for Medicare and Medicaid Services (CMS) revised ambulance fee schedule rates, ZIP code files and inflation factor for services rendered on or after January 15, 2016.

This order adjusting the ambulance services section of the Official Medical Fee Schedule (OMFS) conforms to changes in the Medicare payment system as required by Labor Code section 5307.1.

Effective for services rendered on or after January 15, 2016, the maximum reasonable fees for Ambulance Fee Schedule shall not exceed 120% of the applicable California fees set forth in the calendar year 2016 ambulance services, contained in the electronic Public Use file.

The Administrative Director incorporates by reference the following CMS files from the CMS website:

1) The CY 2016 Public Use File, as revised December 22, 2015
2) The CMS Zip Code Files as revised November 17, 2015

The adjustment incorporates the 2016 ambulance inflation factor which has been announced by CMS. The ambulance inflation factor for calendar year 2016 is negative 0.40 percent (-0.40%).

The Ambulance Fee Schedule may be accessed on the DWC website.

California has Highest Claim Frequency in Nation

In the latest update to the Analysis of Changes in Indemnity Claim Frequency report, WCIRB researchers find that indemnity claim frequency increased in California by 3% from 2010 to 2014 while frequency for National Council on Compensation Insurance (NCCI) states declined by 11% over the same period. The WCIRB report reflects insurer unit statistical and aggregate financial call data submitted to the WCIRB through the third quarter of 2015, as well as other external data, in order to identify the key factors driving these recent frequency increases.

The key findings of the report include the following:

1) Approximately 10% of indemnity claims are estimated to be reported after 18 months from the beginning of the accident year for 2014 as compared to less than 2% for 2007. A significant proportion of these late-reported claims are for cumulative injury claims, which are approximately four times as likely to be reported late as non-cumulative injury claims.
2) Approximately 18% of indemnity claims are estimated to involve a cumulative injury in 2014, as compared to approximately 8% in the 2005 to 2007 period. The growth in cumulative injury claims beginning in 2009 has been concentrated in claims involving more serious injuries and multiple injured body parts.
3) The long-term shift in California’s industrial mix toward less hazardous employments, which has typically dampened indemnity claim frequency, has moderated in recent years as economic recovery is occurring in high hazard industries such as construction and manufacturing.
4) The increase in indemnity claim frequency in 2010 was generally experienced across the state. Since then, the increases have been concentrated in the Los Angeles area. Indemnity claim frequency increased by an estimated 13% in the Los Angeles/L.A. Basin region from 2010 to 2014 while frequency in the remainder of California declined by 6% during this same period. The Los Angeles area also has experienced significantly higher numbers of cumulative injury claims and claims involving multiple body parts than other regions of California.
5) The proportion of injured workers with less than 2 years of experience at their current job has grown by almost 10 percentage points from 2010 to 2015, suggesting the economic recovery is likely one of the drivers of recent claim frequency increases.

The full Analysis of Changes in Indemnity Claim Frequency – January 2016 Update Report is available in the Research and Analysis section of the WCIRB website.

State Attorney Generals Join Health Insurance Merger Probe

Reuters Health reports that about 15 state attorneys general have joined the Justice Department’s probe of two big insurance mergers, according to people familiar with the matter, increasing the scrutiny on proposed deals that would reduce the number of nationwide health insurers to three from five. The formation of a large group to scrutinize Aetna Inc’s plan to buy Humana Inc and Anthem Inc’s bid for Cigna Corp complicate what is already expected to be a tough and lengthy review by federal antitrust enforcers.

Connecticut, Florida, Iowa, Massachusetts and Tennessee are among the states that have joined forces to investigate the proposed deals, according to sources close to the states, who spoke to Reuters over recent days. Antitrust probes are designed to determine if a merger would lead to higher prices or otherwise hurt consumers. The other states participating in the roughly 15-member group could not be learned. The sources asked not to be named because the investigation is not public.

The presence of a large number of attorneys general joining a Justice Department probe underscores the hurdles that both proposed combinations face in winning U.S. regulatory clearance.

Democratic presidential candidate Hillary Clinton, several lawmakers and the American Medical Association, a leading physicians group, have said they feared the pending acquisitions would hurt consumers by leading to higher insurance premiums or limited access to healthcare providers.

While it is up to the Justice Department to ultimately decide whether to file a lawsuit to stop a merger, states provide data to the department on how the mergers would affect their jurisdictions and conduct joint calls to gather data from the companies, as well as critics and supporters of the deals.

The chief executive of Anthem, Joseph Swedish, said in an interview that the decision of the state attorneys general to join with the Justice Department was “a good thing.” “The states created this path with the DOJ (Justice Department) to promote education, engagement. They develop a lot of insights so that when the DOJ does rule, our work with all of these states is probably enhanced quite a bit because we are not starting from scratch,” he said.

Aetna, separately, voiced confidence in the process. “We are confident that our transaction will receive a fair, thorough and fact-based review from the Department of Justice and the states,” it said in a statement.

Humana declined to comment, while Cigna did not immediately respond to a request for comment.

Anthem announced in July it would buy Cigna for about $54.2 billion to create the largest U.S. health insurer by membership. The announcement came weeks after Aetna struck a $37 billion agreement to buy Humana. Healthcare insurers say that becoming bigger will allow them to squeeze out administrative costs, negotiate with doctors and hospitals and push down the soaring costs of some drugs.

But the American Medical Association estimates that 41 percent of U.S. metropolitan areas already have a single health insurer with a commercial market share of 50 percent or more. It believes the decrease of nationwide health insurers to three from five would make more regions anticompetitive.

The American Antitrust Institute, in a letter to the Justice Department on Monday, said the deals would “substantially lessen competition in numerous health insurance markets.”

“The AAI recommends that the DOJ ‘just say no’ to the two deals that would fundamentally restructure the nation’s health insurance markets and create further incentives for ‘reactive’ consolidation in the healthcare supply chain,” the group said in the letter.

Nightclub Owner Faces 18 Years for Premium Fraud

Los Angeles nightclub owner Jonathan DeVeaux, 44, of Cerritos surrendered himself to Los Angeles Superior Court and was booked on multiple counts of insurance and tax fraud totaling more than $1.1 million.

DeVeaux part-owner and operator of Los Angeles Entertainment Inc. DBA: Savoy Entertainment Center a nightclub in Inglewood allegedly underreported the number of employees working for him to reduce his reportable payroll, so he could illegally reduce his workers’ compensation premium. As a result, he cheated his workers’ compensation insurer, the State Compensation Insurance Fund out of more than $143,000 in premium between 2009 and 2014.

During the same period, DeVeaux allegedly paid many employees in cash, which allowed him to cheat the California Employment Development Department out of more than half a million dollars in payroll taxes.

“DeVeaux’s alleged underground economy operation cheated his patrons, other businesses, the state and his insurer,” said Insurance Commissioner Dave Jones. “These are not victimless crimes. Everyone involved paid for DeVeaux’s crimes, including California taxpayers.”

DeVeaux was also charged with sales tax evasion by underreporting his sales to the California Board of Equalization between 2006 and 2014. An audit of the nightclub’s sales records revealed the business actually underreported sales by $5.4 million. While DeVeaux collected sales tax from nightclub patrons, he allegedly kept the more than half a million dollars and did not remit it to the state.

Detectives from the Department of Insurance worked in tandem with investigators from the Employment Development Department and the Board of Equalization to unravel DeVeaux’s scheme to cheat the system and operate in the underground economy.

If convicted on all counts, DeVeaux faces up to 18 years in prison.