FIDUCIARY RESPONSIBILITY AND YOU. Tim Callender, The Phia Group
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1 FIDUCIARY RESPONSIBILITY AND YOU Tim Callender, The Phia Group
2 Innovation and Cost-Containment - In the Self-Funded Space - Presented By Tim Callender Vice President Sales & Marketing The Phia Group, LLC tcallender@phiagroup.com
3 The Phia Group LEARN Various Legal & Consulting Services PLAN Plan Document Services & Software SAVE Claims Recovery, Negotiation, Network Alternatives PROTECT Plan Administration Defense & Outsourcing Fiduciary Duties OUR MISSION: To reduce the cost of healthcare through innovative technologies, legal expertise, and focused, flexible customer service. We support employment based group health insurance and are confident that selffunded health plans lead the way.
4 Today s Overview Healthcare Costs are Awesome Not Really Top Two Innovative Solutions Fiduciary Transfer Subrogation Other Trends in Self-Funding, The Laundry List
5 Healthcare Costs are Awesome Not Really
6 Healthcare Costs Out of Control Why? Lack of transparency Convoluted and confusing system The wrong incentives Payer, Provider and Plan Sponsor tolerance & paying the wrong claims We ve made this mess together we can fix it together
7 Healthcare Costs Out of Control Why? Lack of Transparency $57 for a FRED (Fog Reduction Elimination Device: a 2 in. square gauze strip used to wipe moisture from lenses in the operating room) $200 for a bag of IV solution $985 pair of scissors $1,028 for a 1oz. container of contrast solution $11 for a mucous recovery system (a box of tissues) $350 for an IV kit
8 Healthcare Costs Out of Control Why? Some of the worst offenders: Air Ambulance Charges are typically 400%-500% of Medicare allowable rates Implantable Devices Devices typically marked up between 500% and 1,000% of cost Some providers get gouged on the procurement side as well Dialysis Dialysis facilities routinely charge 1,000% to 2,000% of Medicare allowable rates
9 Ah Memories
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12 Healthcare Costs Out of Control Why? Payer and Plan Sponsor Tolerance If you feed a dog steak when you bring him home, he ll expect steak for every meal We have to work together and eat Tofu sometimes or maybe just cheaper steak
13 What Can We Do? Work with best in class partners like Cypress to innovate and contain costs Self-funding is the vehicle we can use to create and maintain savings while delivering healthcare and providing fair reimbursement to providers Educate, educate, educate this is where you differentiate Transparency & dialogue with all stakeholders Tim s Top Two things we can do, coming up next
14 Top Two - Fiduciary Transfer - - Subrogation -
15 Fiduciary Transfer Fully-insured v. ASO self-insured v. pure TPA self-insured In a fully insured model, the carrier is the fiduciary In an ASO model, the carrier is the fiduciary sort of In a pure TPA self-insured model, the Plan is typically the fiduciary, fence to fence Very large barrier to pure self-insurance has become fiduciary concerns There s also a gap in the ASO model Solution: transfer that fiduciary liability to a third party
16 Fiduciary Transfer Mason v. FedEx Corp (D. Alaska 2016) TPA & plan sponsor sued by plan member for breach of fiduciary duty over appeals process, asserting TPA had a financial interest in returning appeals determinations that denied benefits Holding: TPA and plan sponsor had a conflict of interest in how the appeals process was setup Dragu v. Motion Picture Ind. Health Plan (N.D. Cal. 2015) Plan member sues plan sponsor for breach of fiduciary duty over a misapplication of plan terms Holding: Plan Sponsor misconstrued the terms of its plan which equaled a fiduciary breach
17 Fiduciary Transfer Pac. Shores Hosp. v. United Behavioral Health (9 th Cir. 2014) TPA & plan sponsor sued by provider for breach of fiduciary duty under an assignment of benefits for refusal to pay inpatient benefits Holding: plan sponsor failed to adequately review benefit determinations and breached its fiduciary duty Connt. Gen. Life Ins. v. Humble Surgical Hosp. (S.D. Tex. 2016) TPA & broker sued by provider for breach of fiduciary duty over out-ofnetwork payment issues and overpayment collection efforts Holding: $2.3 million award to the provider under a finding of breach of fiduciary duty
18 Fiduciary Transfer The Phia Group s Plan Appointed Claim Evaluator (PACE) Service Keeps costs down through: Objective & accurate interpretation of your plan document Stop paying claims you should not be paying Alternatively, avoid denying claims you should not be denying Outsourcing of difficult, final, internal appeals
19 Fiduciary Transfer The Phia Group s Plan Appointed Claim Evaluator (PACE) Service Plan document review Educational webinars Stop-loss policies reviewed gap analysis! Phia performs an assessment of final, internal appeals and issues a directive, as a fiduciary Defense of decisions in the face of external scrutiny Let someone else handle the external review headaches & costs
20 Subrogation & Overpayment Recovery Recover third-party dollars that belong to the Plan Keep the Plan solvent & healthy Help the Plan meet their fiduciary duty I guarantee there are Plan dollars being left on the table Auto accidents, class actions, toxic torts, Rx & implant/product recalls Medicare COB and obtaining overpayment recovery from providers Group can set pursuit parameters VIPs?
21 Subrogation & Overpayment Recovery You should be maximizing case identification Legal support & knowledge of state law is key Common Fund Doctrines; Made Whole Doctrines Customized! All this without creating member disruption = you are the hero that brought this solution
22 Subrogation & Overpayment Recovery The current recovery landscape Montanile = That million dollar settlement you should probably go spend it on narcotics and a vacation to Cabo Dirty rotten Plaintiff s Lawyer
23 Other Trends in Self-Funding
24 Education & Incentives Lunch & Learn? Open enrollment meetings? Loop in providers! Choice of hospitals patients pay lower or no coinsurance at lower-cost hospitals Certain hospitals can be paid at no OOP and even cash rewards Maternity care: diapers, baby wipes, gift card Percent of savings for finding errors and finding alternatives Ex. Nebulizer: $300 with 30% discount or on Amazon for $118 Medical tourism & family vacations give them the difference Wellness goals throw a party
25 Disrupt The Market Some proven ideas some crazy ideas Claims negotiation with sign off (coupled with patient advocacy) Revocation of the assignment of benefits 501(c)(3) non-profit Report as self-pay Remember The Bloody Toe what if Tim walked in and said, hi, I don t have insurance Car insurance
26 THANK YOU Text PHIA to to join our mailing list Join Us for Our Next Free Webinar: Check out our podcast: thephiagroup.podomatic.com
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