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Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

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Page 1: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Overview

Strategic Contracting Getting the Business you Desire with Desirable Trading Partners

Presented by

Patrick Gauthier, Director

Page 2: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Objectives

1. Explore the Contracting Environment

2. Review Options

3. Discuss Strategy

4. Questions

Page 3: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

The New Business Environment

Page 4: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Brief Review of Contracting Environment

• Environmental Drivers:– Parity

• Self-insured employers• Large group insurance• CHIP and Medicaid managed care plans

– Health Care Reform• Medicaid expansion• Health Insurance Exchange• More managed care

– Block Grant • Integrated application• Addresses wrap-around and remaining uninsured

Page 5: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Big Pictures: Now & ThenPrivate

InsurancePublicly-Funded

TreatmentFederal

Agencies

State Agencies

Counties and Cities

Insurance

Managed Care

Employers

Networks

Brokers

DOI

Managed Care

Networks

Corrections & Courts

Prevention

Housing & Jobs

Standards & Science

75% - 90%

10% -25%

32+ Million Uninsured

Health Insurance

Exchanges

Medicaid Managed Care

Plans

Page 6: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Parity & Scope of Services

• MHPAEA does not stipulate what specific conditions, disorders or diagnoses must be covered.

• Parity law does not mandate covered services except to say that parity applies to all six categories of service if it applies to any

• Parity law does not mandate specific kinds of providers be covered

Deciding what conditions, services and providers are eligible for coverage – until we see a Final Rule with clear direction – is left to health plans and State regulators enforcing your State law and regulations.

Page 7: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Take a Stand on Scope of Service

1.Covered Conditions

2.Covered Services

3.Covered Providers

4.Medical Necessity Guidelines

Page 8: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Where to take it• Health plans

• MCOs

• MBHOs

• Employers

• PPOs and HMOs

• Dept of Insurance

• Medicaid

• Attorney General

• Governor

• Legislators

Page 9: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Reform & ACOs• Q: What is an “accountable care organization”? • A: An Accountable Care Organization, also called an “ACO” for

short, is an organization of health care providers that agrees to be accountable for the quality, cost, and overall care of Medicare beneficiaries who are enrolled in the traditional fee-for-service program who are assigned to it.

• For ACO purposes, “assigned” means those beneficiaries for whom the professionals in the ACO provide the bulk of primary care services. Assignment will be invisible to the beneficiary, and will not affect their guaranteed benefits or choice of doctor. A beneficiary may continue to seek services from the physicians and other providers of their choice, whether or not the physician or provider is a part of an ACO.

Page 10: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACO

Population Health Home

Structure, Governance and Shared Savings

IT Infrastructure and Data Management

Public Health

Home Care

& Hospice

Rx & Lab

Primary Care

Mental Health

Substance Use

Disorder

Surgical & Specialty

Hospital & Rehab

Long-Term Care

Page 11: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACO Functions

Managed Care

LeadershipBusiness Operations

Enrollment

QualityAssurance

CustomerService

Utilization Mgmt

ProviderRelations

Case Mgmt

IT & Data Analysis

ClaimsProcessing

Compliance

Page 12: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACO Goals• Promote development of new systems of care• Change provider culture and incentives from fragmented

FFS• Lower costs while improving population health• Measure both quality and financial performance• Hold provider systems accountable for both cost and

quality of care for assigned patient populations

Page 13: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACO Innovations

Minimize “barriers to entry” for patients and providers:• Patients attributed, not enrolled• No benefit or network restrictions; no lock-in; no prior-auth

Flexibility for providers to form different kinds of ACOs• Flexible payment model (e.g., can include bundling, Medical Homes)• “Bonus only” shared savings• “Symmetric risk” shared savings• Partial capitation and shared savings

Receiving shared savings requires first achieving quality threshold

Page 14: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACO Reimbursement• Under the proposed rule, Medicare would

continue to pay individual providers and suppliers for specific items and services as it currently does under the fee-for-service payment systems.

• The proposed rule would require CMS to develop a benchmark for savings to be achieved by each ACO if the ACO is to receive shared savings, or be held liable for losses.

Page 15: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACOs – Two Tracks• To provide an entry point for organizations with varied

levels of experience with and willingness to take on risk, the proposed rule would allow an ACO to choose one of two program tracks.

• The first track would allow an ACO to operate on a shared savings only track for the first two years, but would then require the ACO to assume the risk for shared losses in the third year.

• The second track would allow ACOs to share in savings and risk liability for losses beginning in their first performance year, in return for a higher share of any savings it generates.

Page 16: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACO

• Q: What forms of organizations may become an ACO?

• A: The statute specifies the following:

1. ACO professionals (i.e., physicians and hospitals meeting the statutory definition) in group practice arrangements,

2. Networks of individual practices of ACO professionals,

3. Partnerships or joint ventures arrangements between hospitals and ACO professionals, or

4. Hospitals employing ACO professionals.

5. Other Medicare providers and suppliers as determined by the Secretary

Page 17: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACO• Q: What are the types of requirements that such an

organization will have to meet to participate?

• A: The statute specifies the following:

1) Have a formal legal structure to receive and distribute shared savings

2) Have a sufficient number of primary care professionals for the number of assigned beneficiaries (to be 5,000 at a minimum)

3) Agree to participate in the program for not less than a 3-year period

Page 18: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

4) Have sufficient information regarding participating ACO health care professionals as the Secretary determines necessary to support beneficiary assignment and for the determination of payments for shared savings.

5) Have a leadership and management structure that includes clinical and administrative systems

6) Have defined processes to (a) promote evidenced-based medicine, (b) report the necessary data to evaluate quality and cost measures (this could incorporate requirements of other programs, such as the Physician Quality Reporting Initiative (PQRI), Electronic Prescribing (eRx), and Electronic Health Records (EHR), and (c) coordinate care

7) Demonstrate it meets patient-centeredness criteria, as determined by the Secretary.

ACO – requirements cont’d

Page 19: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACO• Q: How would such an organization qualify for shared

savings?

• A: For each 12-month period, participating ACOs that meet

specified quality performance standards will be eligible to receive a share of any savings if the actual per capita expenditures of their assigned Medicare beneficiaries are a sufficient percentage below their specified benchmark amount. The benchmark for each ACO will be based on the most recent available three years of per-beneficiary expenditures for Parts A and B services for Medicare fee-for-service beneficiaries assigned to the ACO.

Page 20: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACO• Q: Will beneficiaries that receive services

from a health care professional or provider that is a part of an ACO be required to receive all his/her services from the ACO?

• A: No. Medicare beneficiaries will continue to be able to choose their health care professionals and other providers

Page 21: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

ACO• Q: When will this program begin?

• A: January 1, 2012. Agreements will begin for

performance periods, to be at least three years, on or after that date.

Page 22: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Goals & ObjectivesImprove Inpatient

Care Efficiency

Use Lower CostTreatments

Reduce Adverse Events

Reduce PreventableReadmissions

Improve Prevention& Early

Diagnosis

Improve PracticeEfficiencies

Reduce Unnecessary

Testing & Referrals

Reduce PreventableER Visits &Admissions

Hospitals & Specialists

Primary Care

Improve Management of Complex Cases

Use Lowest-CostSettings and

Providers

Lower TotalHealthcare

Costs

Improve HealthOutcomes

Page 23: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Population Health Management• ACOs must develop a process for identifying patients who

have complex needs (multiple chronic conditions) or are at high risk of developing such needs and provide them with wellness and prevention programs, disease management, and complex case management, as indicated

• ACOs must make available or support providers’ use of electronic prescribing, electronic health records systems, registries, and self-management tools

• MH/SUD providers must be prepared to work in this environment and develop the necessary tools and resources

Page 24: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Incentives to Participate in an ACO

• Identified population/market share• Some administrative fees for administrative

duties• Reliable referral sources within network • Common values and objectives (coordination,

cooperation, collaboration)• Shared information (whole health)• Shared savings (financial incentives)

Page 25: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Block Grants• SAMHSA's proposed changes to the FY

2012/2013 Block Grants seeks to get State behavioral health systems ready for 2014 when more people will be insured through Medicaid or 3rd party insurance. Under this new approach States and territories will have the opportunity to use block grant dollars for prevention, treatment, recovery supports and other services that supplement services covered by Medicaid, Medicare and private insurance.

Page 26: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Multiple Chronic Conditions

• The proportion of Medicaid beneficiaries with disabilities who are diagnosed with three or more chronic conditions ranges between 35% and 45%.

• The frequency of psychiatric illness among Medicaid beneficiaries with disabilities ranges from 29% to 49%.

• Psychiatric illness is represented in three of the top five most prevalent pairs of diseases, or dyads, among the highest-cost 5% of Medicaid beneficiaries.

Page 27: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

2009 17.6% of GDP

1999 13.8%

1989 11.8%

1979 8.6%

1969 6.7%

The Cost of Health Care in America

Source: CMS, Office of the Actuary, National Health Statistics Group

Page 28: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Reviewing Your Options

Page 29: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Options are a Function of Market• Self-Insured Plans (ERISA)• Traditional Indemnity (fully-insured)

– Open access, higher coinsurance

• Managed Care Plans– MBHO (carve-out)– HMO (network-centric, referral-based)– PPO (wider network, medical necessity standards)– POS (combines HMO and PPO with coinsurance differentials)

• Consumer-Directed Health Plans– High deductible, catastrophic claims– Health Savings Accounts (HSA), Health Reimbursement

Accounts (HRA) and Flexible Spending Accounts (FSA)

Page 30: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Market ResearchSources of Valuable Information

• Health Plans and Managed Care Organizations– State Department of Insurance– AHIP and State Associations of Health Insurance

Plans

• Self-Insured Employers– National and Regional Business Group on Health– Employers’ Health Coalitions

• Federal and State Agencies– HRSA, SAMHSA, NIDA, DOL, CMS, DOJ web sites

Page 31: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Market Segments

• Commercial Insurance / Public Funding• Voluntary / Involuntary• Geographic Markets• Age• Gender• Specialty / Generalist / One-Stop Shop• Race / Culture / Language• Stand-Alone / Integrated / Joint Venture /

Partnership• Faith-Based

Page 32: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Market Segmentation• What kinds of markets appeal to your

organization?

• What suits your vision and mission?

• In what market segments do you have a good reputation? Market share/penetration?

• In what market segments do you/can you make a reasonable profit?

Page 33: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Opportunity Matrix Tool

Market Segments and Services

Segment 1

Segment 2

Segment 3

Service 1

Service 2

Service 3

Rank each according to:

1. Market Maturity/Longevity

2. Brand equity or reputation

3. Revenue share (%)

4. Share of profits

5. Qualifications, skills, subject matter expertise and capacity to grow

6. Weaknesses, competitors and threats

7. Cost of entry

8. Legislative/regulatory opportunities

Page 34: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

New Conversations

• Hospitals• Health Plans and MCOs/MBHOs• Primary Care• Third-Party Administrators• Brokers• Networks• Employers• Other Medical Specialists• Others?

Page 35: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

New Conversations1. Professional

2. Face-to-face

3. Expressing willingness and interest

4. Demonstrating big picture understanding and prospect of synergies

5. Eager to develop viable, marketable, attractive solutions

6. Promoting new services and potential new business model

7. Clear, distinct, customer value proposition

8. Potential collaborator? Investor? Partner? Buyer?

9. Benefits and advantages more important than features and functions

10. Always Branding

Page 36: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Reimbursement and Fee Schedules

Variety of Approaches and Methodologies• Usual, Customary and Reasonable (UCR)• Diagnosis Related Grouping (DRG)• Resource-Based Relative Value Scale (RBRVS)• Innovations including:

– Sub-capitation– Bundled case rates and episode rates– Administrative fees for additional services like Case Management– Bonuses for performance– Shared savings

Page 37: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Global Payment• Definition. Global payments are fixed-fee payments for

the care and services that patients might receive in a given span of time such as a month, quarter or year. Global Payments are akin to Case Rates and Episode Rates. Global payments put providers at-risk financially for the occurrence of conditions as well as the management of those conditions.

• Purpose. Global payments are designed to contain costs and reduce the incidence of unnecessary services, promote integration and coordination of services. Global payments can also feature incentives to improve the quality of care.

Page 38: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Global Payment

• Potential Issues. Global payments might induce providers to cut back on necessary care and to admit/select less expensive patients into their programs.

• Global payments involve significantly more complex financial management, requiring infrastructure and personnel to manage risk.

• Small providers may not be able to take on risk due to this complexity and any state regulations concerning financial solvency where risk exists.

Page 39: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Contracting Imperatives

• Know your costs and cost structures

• Know your profit model. At what point can a contract become profitable?

• Don’t contract at rates lower than your costs if your model doesn’t absolutely demonstrate a reasonable point in time when you become profitable

Page 40: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Contracting Imperatives

• Review contracts from multiple perspectives:– Legal– Financial– Clinical– Ethical– Practical Operational– Strategic

Page 41: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Strategic ConcernsWhat makes your decision to contract

“strategic?”

• The contract reflects your vision, your image of what it is you’re becoming

• It supports your mission, how it is that you will strive to realize your vision

• It helps you accomplish organizational goals and objectives

Page 42: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Examples: Strategy• New market segment

– Medicaid– Self-insured employer– Impaired professionals program

• Gains in % share of the market

• Competitive advantage

• Visibility and brand-image

• New services in the same market– Addition of IOP, for example

Page 43: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Examples: Strategy

• New location/geographic expansion

• New reimbursement methodology

• Secure funding (sub-capitation for defined population, for example)

• Joint venture/revenue share

• Building credibility, loyalty, confidence in a step-wise growth plan

• Goodwill in the community

Page 44: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Examples: Goals• Increased overall revenues• Improved profit• Admissions• Bed-days• Transitions in care• Integration (vertical and horizontal)• Number of payers (diversification)• Sustainability of other programs

Page 45: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Factors and Variables

• Service mix (billing codes)

• Bundling/unbundling services

• Rate of reimbursement

• Reimbursement methodology

• Incentives/Pay-for-Performance

• Shared Savings

Page 46: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Factors and Variables

• Utilization Management terms and conditions

• Credentials

• Preferred Status/Exclusivity

Page 47: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Planning

1. Conduct Market Research

2. Conduct Strategic Planning

3. Gather Intelligence

4. Assess Market Conditions

5. Develop Customer Value Proposition

Page 48: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Planning6. Develop clear sense of what you

a) desire, b) want, c) will accept, and d) need

7. Practice concise pitch

8. Develop your allies

9. Talk to the right person

10. Approach with respect and professionalism and tell them what’s in it for them

Page 49: Overview Strategic Contracting Getting the Business you Desire with Desirable Trading Partners Presented by Patrick Gauthier, Director

Thank You! Questions?

Patrick GauthierDirector

888-898-3280 ext. [email protected]