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Tenn. Legislators Introduce Workers Comp Option Bill

A bill that would give companies in Tennessee a free market alternative to state-mandated workers compensation insurance was introduced yesterday by Sen. Mark Green (R-Clarksville), a physician and vice-chair of the Senate Commerce and Labor Committee, and Rep. Jeremy Durham (R-Franklin), House Majority Whip.

The Tennessee Option draws from the best practices of Texas nonsubscription and the Oklahoma Option, according to the Association for Responsible Alternatives to Workers’ Compensation (ARAWC). The Option is designed to provide Tennessee employers an alternative for funding and responding to occupational injuries while still protecting employees and their families. The key components are employee accountability, medical management, employee-employer engagement, and free-market competition.

“The core focus of the Tennessee Option is to help injured employees get back to work faster,” Sen. Green said in a statement. “Making that happen requires good benefits, strong communication, and will lead to higher employee satisfaction. An Option will also give job creators a way to save more than 50% on workers’ comp costs, so they can invest in growth and more employees.”

ARAWC spokesman, Brent Buchanan told the Monitor that the bill has been in the works for about six months and the next step is a committee hearing. Because of its strong sponsorship, there is a good chance it will pass this legislative session, he said.

Janine Kral, president of ARAWC and vice president of risk management at Nordstrom said in a statement, “The Tennessee Option is a local effort driven by the bill sponsors with the support of Tennessee employers and associations. ARAWC will serve as a resource to this local group that is focused on providing a free-market alternative to workers’ compensation insurance.”

Oklahoma passed Option legislation in 2013. Texas has allowed alternative injury benefit programs for more than 100 years, ARAWC said, adding that Texas employers using the Option have saved billions of dollars while increasing return-to-work rates.

According to ARAWC:

Private employers can elect the Tennessee Option. Current Tennessee law allows cities, counties and school districts to opt out of the workers compensation system and several have elected to do so. Tennessee law already exempts employers with less than five employees from the requirement to provide workers compensation insurance. The Tennessee Option legislation will not amend those current exemptions. The Option will not be available to construction or coal mining companies due to their unique industry requirements.

By removing various third parties from between the true stakeholders – employees and employers – the Tennessee Option will encourage more collaboration between the parties. At least a mandated level of benefits must be paid. Many Option employers will pay higher wage replacement benefits than workers’ compensation. The employer must prove that financial security is available to pay the benefits, and a guaranty fund will be established. Stringent appeal rights are included in the Option to provide employees due process. Due to disclosure requirements, employees in an Option will be more aware of their injury benefits and the processes for procuring them. And more employee accountability will lead to better medical outcomes, which is good for all parties.

 

Staying Safe During the Holidays

Whether in the office or at home, everyone needs to be extra careful and alert during the holidays. Because people are trying to pack so much into their day, accidents can happen.

At home, Allstate cautions to be alert to fire hazards, which can lead to substantial losses.

The LiVe Well Intermountain Trauma Managers Group lists some steps that can be taken to promote a safe environment:

Avoid Falls

  1. Keep sidewalks, driveways and entrances free of snow and ice. Falling on icy sidewalks is the number one cause for visits to the emergency department. Use sand or ice melt to prevent slipping.
  2. Falls while putting up lights and decorations is another. Do not use stools or chairs for hard-to-reach areas. Rather, use a sturdy ladder and have additional help.
  3. Ensure that your office or home is free from items that may cause people to trip or stumble, especially around a Christmas tree or other decorations with extension cords and light strands.

Safety Checks

  1. Check your furnace. It should be cleaned and checked regularly by professionals.
  2. Inspect fireplaces for safe operations. Use a screen or glass front, never leave a fireplace unattended and don’t burn gift wrappings, tissue, or evergreens in the fireplace.
  3. Make sure circuits are not overloaded.
  4. Check cords and plugs for wear, frayed insulation, cracks, and loose connections.
  5. Place a tree away from heat sources and open flames. Check the lights before placing them on the tree. Look for loose sockets or broken and frayed wires.
  6. Turn lights off when you leave.
  7. Never use a regular string of lights on a metal tree. The danger of shock is great. Rather, use a spotlight to illuminate a metal tree.

Holiday Driving

  1. Allow extra time for heavy traffic and poor weather conditions.
  2. Be courteous and respect the rights of pedestrians and other drivers.
  3. Be on the look-out for inebriated drivers.
  4. Expect the unexpected from pedestrians carrying large holiday packages.

 

 

The Cost of Savings: Checking Medical Bill Review Charges

Here’s a provocative question for all the risk managers out there: what did you pay last year in workers compensation medical bill review charges?

Stumped? The answer may be more elusive, and more expensive, than it would initially appear.

Medical bill review is an essential service typically performed by an insurer, claims administrator, or outside vendor. The service provider reviews medical bills related to claims and audits the bills for accuracy, duplication of charges, and reasonableness. The costs for these services are allocated claim expenses, meaning they get charged directly to the claim file. This makes figuring out what you’re paying more difficult, as bill review charges tend to blend in with other expenses and bills.

Bill review charges are typically calculated in two ways. First, for each bill, there is a standard review charge. This could be a flat rate or calculated by the number of lines. Second, for bills that are outside of medical provider networks and are negotiated, a percentage of the savings are charged.

This last piece is critical, because it means that charges for a single bill review can be thousands and sometimes even tens of thousands of dollars.

Here’s an example. Suppose an employee injures his back and is forced to have surgery, but does so at an out-of-network facility. The hospital bills $200,000, an amount it has no illusions of receiving. As part of the medical bill review process, the bill is negotiated down to $50,000, netting a savings of $150,000. The charge for the bill review is a percentage of the savings, typically between 20-30%. If we assume conservatively that the rate is 20%, in this example, the charge for the bill review service would be $30,000. For self-insureds and those with large retentions, this a cost paid directly out of pocket.

This example highlights two important facts. The first is that network penetration is of prime importance—when a patient is treated at an in-network facility, the bill is generally reduced to the pre-negotiated rate at no cost to you. Second, the medical billing process in this country has created an immensely profitable enterprise for skilled medical bill reviewers.

This is not to say that paying a percentage of negotiated savings is unfavorable to a risk manager. This system aligns the interests of the bill reviewer and the party paying the bill. The more the bill reviewer can lower a bill, the more you save, even if you are ceding a percentage of that savings to claim handling expenses.

And to be fair, the above scenario is more of an anomaly than the norm—in most cases both the savings and fees are much lower.

Still, the entire medical billing strategy employed by hospitals is rather discomforting. In what other industry are bills sent out and routinely negotiated down by 50, 60, or even 75%? Certainly, there are financial motives for hospitals, many of which are owned by private equity firms, to bill higher amounts than they ever expect to receive. Not only will the unsuspecting recipient occasionally unwittingly pay the full amount, higher bills allow hospitals increased write-offs for charity care and other unpaid services. And while fee schedules in some states have attempted to address this problem, this has further contributed to hospitals and insurers, each employing competing billing experts with the respective goals of maximizing and minimizing amounts paid for the same services.

The net result is higher processing expenses for everyone.

Accepting the fact that the medical billing system in this country is the way it is, let’s return to the ,000 medical bill review charge.

As risk managers, we need to continuously be concerned with our expenses. At the same time, these fees represent only a percentage of savings, and theoretically, the higher the bill review charge, the higher the savings. But the knowledge of that fact may not be enough to eliminate the sticker shock. Because medical bill review services are so essential, the only recourse is a better negotiation of fees—paying a lower percentage of savings is a good start, and a hard cap on the maximum charge for a single bill is even better. Of course, the first step is sitting down with the data and figuring out how much you’re actually paying.

That way, when someone asks you the question about how much you’re paying, you’ll not only have the answer, you’ll also have a plan to make it less.

Lloyd’s Underwrites Ebola Indemnity Coverage

A new class of insurance is now being offered to address the occupational hazards faced by healthcare workers and first responders who are in jeopardy of contracting blood-borne pathogens such as Ebola, HIV, Hepatitis B and Hepatitis C.

Underwritten by Lloyd’s of London and distributed by Specialty Insurance Advisors, Essential Professional Insurance Coverage (EPIC) is the first such indemnity coverage available to individuals, including administrators who check in patients, doctors and nurses treating patients and patrolmen and women responding to 911 calls. The coverage goes beyond workers compensation and disability insurance to protect these individuals, EPIC said.

According to the Occupational Safety and Hazards Association (OSHA), up to 800,000 needle sticks occur each year, of which 16,000 are likely to be contaminated with HIV. The risk of acquiring Hepatitis B or C from a needle stick is even higher than HIV.

EPIC President Richard Kosinski said in an online interview with Fox Business, “We provide the ability for a health care worker or law enforcement professional to buy very inexpensive coverage in the event they get infected with Ebola, HIV or Hepatitis B or C.

For a nominal amount of 9 per year they can get 0,000 of coverage if the worst case happens and they get infected with Ebola or some other type of blood pathogen.

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While the coverage has been available for more than a year, primarily through unions, to large health care hospitals and other institutions, “We have just announced the ability for an individual to buy a policy,” Kosinski said. Centinela Hospital Medical Center in Inglewood, California was one of the first hospitals in the United States to offer EPIC to its healthcare workers, and the first to add Ebola infection coverage, according to EPIC.

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The plan provides a safety net that can help defray some of the costs, Kosinski explained, adding that otherwise, “No one is going to pay the cost for the average health care worker to be flown by a private jet to a specific CDC facility to get Ebola care.”

How is it possible to write this coverage? “Because this is Lloyd’s of London, which has a 500 year history of writing specialty risks,” Kosinski said.

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“We understand the risk, how to price it correctly and how the claims will be paid out.”