The Intersection of Valuation and Physician Productivity

Similar documents
Compensation Paid by Healthcare Providers

Hancock, Daniel & Johnson, P.C., P.O. Box 72050, Richmond, VA , ,

Investigator Compensation: Motivation vs. Regulatory Compliance

Auditing Physician Arrangements

Physician Care: Physician Compensation. Presented by Albert R. Riviezzo, Esq. Fox Rothschild LLP Exton, PA

Physician Relationship Compliance Issues

Physician Relationship Compliance Issues. Charles Oppenheim Hooper, Lundy & Bookman, PC

Law Department Policy No. L-8. Title:

Fundamentals of Healthcare Valuation

AHLA. X. Fundamentals of Health Care Valuation for Health Lawyers and Compliance Officers

Impact of Stark II, Phase II Regulations on Existing and Future Hospital/Physician Arrangements

FRAUD AND ABUSE LAW IMPLICATED BY COMPENSATION ARRANGEMENTS. Lee Rosebush, PharmD, RPh, MBA, JD

PHYSICIAN ALIGNMENT: LEGAL AND FAIR MARKET VALUE COMPLIANCE

Fundamentals of Healthcare Valuation for Health Lawyers and Compliance Officers

Prepared for: Practical Advice on Physician Compensation: Achieving Compliance and FMV

Fundamentals of Healthcare Valuation for Health Lawyers and Compliance Officers

Stark Law Dos and Don ts: Best Practices for your Physician Contracts

Lessons Learned from Recent Enforcement Actions

7/25/2018. Government Enforcement in the Clinical Laboratory Space. The Statutes & Regulations. The Stark Law. The Stark Law.

UNDERSTANDING AND WORKING WITH THE LATEST STARK LAW DEVELOPMENTS

PHASE II OF THE FINAL STARK REGULATIONS: WHAT DO THEY MEAN FOR HEALTHCARE PROVIDERS

Health Law 101: Issue-Spotting In Dealing With Health-Care Providers. by William H. Hall Jr.

WHAT EVERY NEW PRACTITIONER SHOULD CONSIDER

THE CHRIST HOSPITAL POLICY NO.: ADMINISTRATIVE POLICY PAGE 1 OF 9

Federal Fraud and Abuse Enforcement in the ASC Space

Ohio Hospital Association 2014 Annual Meeting. Compensating Employed Physicians In An Evolving Health Care Environment

Telemedicine Agreements: FMV, Commercial Reasonableness Compliance in Compensation Arrangements

Stark/Anti- Kickback Fundamentals

FAIR MARKET VALUE & COMMERCIAL REASONABLENESS

Building a Strategic Plan for Physician Employment and Practice Acquisition

Stark and the Anti Kickback Statute. Regulating Referral Relationship. February 27-28, HCCA Board Audit Committee Compliance Conference.

Introduction and Overview

Anti-Kickback Statute Jess Smith

Why Physicians and Physician Organizations Should be Concerned about Stark Compliance

Stark Prevention A Practical Approach to Physician Transactions. Paul Belton, VP Corporate Compliance Sharp Healthcare

Gifts to Referral Sources. Kim C. Stanger (11-17)

Trends in Physician Compensation Arrangements: Compliance Tips and FMV Health Care Compliance Association. April 22, :30-5:30

Ensuring Compliance with the Law - Properly Structuring Innovative Marketing and Creative Joint Ventures. Top 5 Things to Know for CE:

Ensuring Compliance with the Law - Properly Structuring Innovative Marketing and Creative Joint Ventures. Clay Stribling, Esq.

Physician Contracting An Overview of Legal Policy No. 9

ANCILLARY services: How to Stay Out of Trouble. The neurosurgical minefield Informed consent

Co-Management Arrangements and Their Continuing Evolution Trends Issues Fair Market Value

Fair Market Value Implications for Sleep Transactions National Sleep Foundation

The Compliance Officer s Role in Physician Contracting. April 11, Jim Passey Director, Compliance & Internal Audit Services Huntington Hospital

Hospital-Physician Integration Models:

LIFEBLOOD OF THE SUCCESSFUL PHARMACY: MARKETING, JOINT VENTURES, AND ARRANGEMENTS WITH REFERRAL SOURCES WHILE REMAINING WITHIN LEGAL PARAMETERS

Manufacturer Patient Support Initiatives: Current Practices and Recent Challenges. Andrew Ruskin Morgan Lewis

WORKING DRAFT 8/10/2016

Key Valuation Issues for Healthcare Leadership

Provider and Provider Relationships. Primary Fraud and Abuse Issues

OFFICE OF INSPECTOR GENERAL WORK PLAN FISCAL YEAR 2006 MEDICARE HOSPITALS

Hospital Incentive Payments to Physicians for Quality and Cost Savings

AHLA. U. Physician Relationship Audit Workshop: A Practical Guide to Auditing Physician Relationships and Addressing Identified Issues

MARSHALL L. MATZ MARK L. ITZKOFF *PRACTICE WITHIN THE DISTRICT OF COLUMBIA IS LIMITED TO MATTERS AND PROCEEDINGS BEFORE FEDERAL COURTS AND AGENCIES

COMMERCIAL REASONABLENESS AND FINANCIAL ARRANGEMENTS WITH PHYSICIANS

Physician Lease Arrangements: New Rules

ELIMINATING THE MYSTERY OF FAIR MARKET VALUE. Learning Objectives SECTION I 9/17/2012 THE CONTRACTING AND COMPLIANCE ENVIRONMENT

N R a v e n s w o o d A v e, S t e C h i c a g o, I L w w w. a e g i s - c o m p l i a n c e.

Stark Law Contracting Tips and Problem-Solving May 14, 2015

Physician Alignment Strategies

Target Practice: Physician Contracting Strategies to Avoid the Fed s Bull s Eye

Compliance in Physician Employment and Hospital- Physician Integration

PHYSICIAN PRACTICES IN A STARK WORLD. David E. Matyas. A. The Statutory Prohibition (Social Security Act 1877; 42 U.S.C. 1395nn)

FMV Considerations for Bundled Payment Arrangements

2014 Lathrop & Gage LLP Lathrop & Gage LLP Lathrop & Gage LLP

Fraud and Abuse Laws. Kim C. Stanger. Compliance Bootcamp (5/18)

Coding Partners in Patient Safety

Health Care Fraud for Physicians

PI Compensation: Methods, Documentation, and Execution

PI Compensation: Methods, Documentation, and Execution

OBJECTIVES 11/11/2013. Hospital Physician Relationships: Auditing Physician Arrangements and Physician Contracting HCCA Regional Conference

Stark, AKS, FCA Primer

Organization. 4 Health Texas Senior Centers. VP, Internal Audit Team of 11 Auditors

Valuing Physician Practice Ancillaries Overcoming Challenges for Counsel

Stark Update HCCA Hawaii Conference

Conflicts of Interest 9/10/2017. Everything a Health Care Executive Needs to Know about the Anti-Kickback Statute. May 2, 2017 Article from JAMA:

Oncology Business Transactional Issues At the Point of Transaction and Over the Life of an Affiliation

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

This course is designed to provide Part B providers with an overview of the Medicare Fraud and Abuse program including:

Medical Ethics. Paul W. Kim, JD, MPH O B E R K A L E R

Physician s Guide to Stark Law Part I

MGMA 2007 National Conference

Stark Law Exceptions and Anti-Kickback Safe Harbors

Uniform Guidance. Jeremy Dunn. Senior Manager November 4, Elliott Davis Decosimo, LLC Elliott Davis Decosimo, PLLC

ACC Quik Hit. Roger Strode Foley-Chicago, IL. April 5, 2016

COMPENSATING EMPLOYED PHYSICIANS Tax Law, Stark and Anti-Kickback Implications. AHLA Tax Issues for Healthcare Organizations October 20-22, 2013

Valuation of Health Care Entity Property or Services Transfers

FAST BREAK : STARK LESSONS FOR PHYSICIAN PRACTICE ACQUISITIONS Albert Shay, Eric Knickrehm, and Jake Harper August 23, 2018

LEGAL ISSUES FOR MEDICAL RESIDENTS

Understanding The Regulations Impacting Physician Arrangements AVOIDING STARK, FALSE CLAIMS ACT AND ANTI-KICKBACK VIOLATIONS

Summary of Presentation

Practical Considerations for Medical Practices Considering Converting Their Vascular Access Centers Into Medicare-Certified Ambulatory Surgery Centers

HEALTHCARE BULLETIN. July 8, 2008 CMS PROPOSES NEW STARK EXCEPTION FOR INCENTIVE PAYMENT AND SHARED SERVICES PROGRAMS

4147 N Ravenswood Ave, Ste.200 Chicago, IL

Physician Arrangements Compliance Programs

How to Determine Commercial Reasonableness of Hospital- Physician Compensation Arrangements

Top 10 Issues in APM Contract Negotiations

SCHEMES, SCAMS AND FLIM-FLAMS: HOW THE DME SUPPLIER CAN RECOGNIZE FRAUD LANDMINES. Denise Leard, Esq Brown & Fortunato, P.C.

Check Your Physician Contracts

Roll Up, Reverse, Sell or (?): Restructuring Alternatives for Imaging Centers July 20, 2018

Transcription:

The Intersection of Valuation and Physician Productivity McRae Sharpe, CMPE Shareholder August 11, 2015 Shannon W. Farr, CPA/ABV/CFF Director

Objectives Define Fair Market Value (FMV) and Commercial Reasonableness (CR) Compare and contrast these concepts Identify 4 commonly used measures of productivity Discuss pros and cons associated with the use of each to determine compensation Identify 5 physician compensation surveys Obtain a basic understanding of their use

Regulatory Environment Physician compensation arrangements and financial relationships are regulated by: Stark Law Anti Kickback Regulations False Claims Act Private benefit/private inurement

Regulatory Environment Stark Law Stark Regulation 42 CFR 411.351 Federal Physician Self Referral Law and Anti Kickback Prohibits physicians from making referrals for designated health services thatmaybepaidbymedicareormedicaid to an entity that the physician has a financial relationship with Also prohibits the entity from billing those services Financial relationships can be direct or indirect ownership and compensation may be direct or indirect

Regulatory Environment Stark Law Designated Health Services Clinical lab services PT/OT and speech therapy Radiology and other imaging services Radiation therapy services DME equipment and supplies Parenteral and enteral nutrients Prosthetics, orthotics and prosthetic devices and supplies Home health services Outpatient prescription drugs Inpatient and outpatient hospital services

Regulatory Environment Stark Law Stark Regulation 42 CFR Federal Physician Self Referral Law and Anti Kickback Anti kickback Statute prohibits knowingly and willfully receiving direct or indirect payments in return for referring patients to or arranging the furnishing of services for which payment may be made under a Federal healthcare program

Regulatory Environment Fair Market Value Stark Regulation 42 CFR 411.351 defines fair market value as: the value in arms length transactions, consistent with the general market value. General market value means the price that an asset would bring as the result of a bona fide bargaining between wellinformed buyers and sellers who are not otherwise in a position to generate business for the other party, or the compensation that would be included in a service agreement as a result of bona fide bargaining between well informed parties to the agreement who are not otherwise in a position to generate business for the other party, on the date of acquisition of the asset or at the time of the service agreement.

Regulatory Environment Fair Market Value Usually, the fair market price is the price at which bona fide sales have been consummated for assets of like type, quality, and quantity in a particular market at the time of acquisition, or the compensation that has been included in bona fide service agreements with comparable terms at the time of the agreement, where the price or compensation has not been determined in any manner that takes into account volume or value of anticipated or actual referrals. With respect to rentals and leases described in 411.357(a), (b), and (l), fair market value means the value of rental property for general commercial purposes (not taking into account its intended use).

Regulatory Environment Commercial Reasonableness Commercial Reasonableness Seeks to frame out an acceptable structure for the arrangement Despite numerous references in the regulations, CR is not defined by Stark or the Anti Kickback statute Only definition appears in the Centers for Medicare and Medicaid Services Commentary

Regulatory Environment Commercial Reasonableness The Stark regulations commentary (69 Fed. Reg. 16093 (March 26, 2004)) states that: An arrangement will be considered commercially reasonable in the absence of referrals if the arrangement would make commercial sense if entered into by a reasonable entity of similar type and size and a reasonable physician of similar scope and specialty, even if there were no potential designated health services (DHS) referrals.

Regulatory Environment Commercial Reasonableness Examples of elements to consider: Term of the agreement Renewal/evergreen provisions Termination without cause provisions Full time/part time employment Compensation terms Fixed versus production formula Periodic review of fixed or production formula compensation Ability to adjust compensation/formula Net cost of the agreement to the hospital Eligibility for pension welfare and fringe benefits

Regulatory Environment Recent Cases Tuomey Sumter, SC Federal appeals court upheld $237 million False Claims Act verdict Largest levy against community hospital Exceeds hospitals revenues Condell Medical Center Libertyville, IL Paid $36 million to settle alleged Stark and Anti Kickback violations Lester E. Cox Medical Centers Springville, MO Paid $60 million to settle False Claims Act allegations Halifax Medical Center Daytona, FL Paid $85 million (plus a total of $29.4 million in legal fees) to settle Stark violation allegations

Determining Fair Market Value Approaches to value as related to physician compensation Asset / Cost Approach: Replicate or reconstruct the value of the services or resources provided in the compensation arrangement through a buildup of the elements or components of the same services Income Approach: Compares the future benefits received by the buyer and/or seller under the compensation arrangement, apart from the volume or value of referrals between the parties

Determining Fair Market Value Approaches to value as related to physician compensation Market Approach: Currently the prevailing method for valuing physician compensation arrangements. References comparable arrangements in the marketplace and is premised on the idea that no one will pay more for something than one would for an equally desirable substitute

Determining Fair Market Value Productivity / Volume metrics to consider become major components of both compensation and determination of FMV Critical to understand the checks and balances Professional collections (cash) Incident to (non physician cash) Technical component Personally performed / Mid level providers Charity and indigent care

Determining Fair Market Value Other considerations that may not be tied to revenue or cash or to productivity measures Call requirements Role of manager in an office or department setting Quality initiatives

Recent Developments OIG Fraud Alert Physician Compensation Arrangements May Result in Significant Liability (June 9, 2015) Expanding focus on compliance to include not only the facility but also the individual physicians involved Physicians are encouraged to carefully consider the terms and conditions of medical directorships and other compensation arrangements before entering into them

Recent Developments OIG Fraud Alert Physician Compensation Arrangements May Result in Significant Liability (June 9, 2015) Draws specific attention to arrangements (such as medical directorships) between providers and their referral source physicians Arrangements must be at fair market value for bona fide services that the physician actually provides Compensation arrangement may violate the anti kickback statute if even one purpose of the arrangement is to compensate a physician for their past or future referrals

Assessing Commercial Reasonableness Legitimate Business Purpose Does the proposed arrangement represent a reasonable necessity that is essential to the mission, strategy and financial goals of the hospital or other healthcare provider? Does the arrangement make rational sense from a general business perspective? Does the proposed arrangement contribute to the provider s profits or development of a needed line of service?

Assessing Commercial Reasonableness Provider of Service Does the arrangement require services to be performed by a physician, or other person with a special skill set/experience or specialized training? Are the duties and responsibilities clearly defined in the arrangement? Is the amount of time required to perform the services reasonable?

Assessing Commercial Reasonableness Facility Analysis What is the size of the facility and patient population served by that facility? Do patient needs dictate the necessity for a separate and distinct provider? Are patient acuity levels such that the arrangement is necessary?

Assessing Commercial Reasonableness Resource Analysis Does the arrangement provide a duplicative service or potential for misuse? Does the provider have controls and/or safeguards in place to eliminate the risk of duplication or misuse?

Assessing Commercial Reasonableness Independence and Oversight Are there regular evaluations of physician duties and performance and the sustained need for their services? Is there a formal process for reviewing and approving proposed arrangements? How are those evaluations used by the provider? What types of monitoring are used by the provider? Does the arrangement produce verifiable outcomes?

Determining Fair Market Value Published Surveys AMGA MGMA Sullivan Cotter American Medical Group Association ( AMGA ) Medical Group Management Association ( MGMA ) Sullivan Cotter and Associates ( Sullivan Cotter ) Medical Group Compensation and Financial Survey Includes clinical compensation Physician Compensation and Production Survey Includes clinical and medical director compensation Physician Compensation and Production Survey Includes clinical compensation and medical director pay

Determining Fair Market Value Published Surveys IHS Integrated Healthcare Strategies ( IHS ) HHCS Hospital & Healthcare Compensation ( HHCS ) Medical Director Survey Physician Salary and Benefits Report Includes medical director compensation Includes clinical and medical director compensation

Determining Fair Market Value Considerations Safe Harbor: protects an arrangement from Anti Kickback scrutiny Eliminated from Stark II Phase III (effective December 4, 2007) Regulations also indicate that reference to multiple, objective, independently published salary surveys remains key for evaluating fair market value

Determining Fair Market Value Considerations Stacking / Totality of compensation Total compensation and individual compensation components must all be at fair market value Hours required to perform each service are they reasonable and does it make sense individually and in the aggregate? Are the hours sustainable over the term of the contract?

Determining Fair Market Value Productivity / Volume metrics to consider Professional collections (cash) a real benchmark for what the physician is really producing Incident to (non physician cash) how does this translate into an employment model where the physician does not participate in the incident to revenue Technical component Personally performed / Mid level providers Charity and indigent care Is this an added burden to the physician

Determining Fair Market Value wrvu Analysis Critical to understand what constitutes value Modifiers: When not properly applied they can skew total wrvus overstating or understating compensation Incident to How is physician compensated for supervision of extenders in a hospital employment model wrvu only can misalign hospital goals that include access or other criteria Patient encounters / visits have less value to a specialist in a wrvu but may be critical to the hospital objectives

Determining Fair Market Value wrvu Analysis Example Modifer Provider CPT Code Frequency Modifer wrvu Total Adjustment adjusted wrvus 99212 878 25 0.48 421.44 1 421.44 99213 626 25 0.97 607.22 1 607.22 31237 305 50 2.60 793.00 1.5 1,189.50 99203 297 25 1.42 421.74 1 421.74 99244 111 25 3.02 335.22 1 335.22 30140 97 50 3.57 346.29 1.5 519.44 99204 77 25 2.43 187.11 1 187.11 31237 28 58 2.60 72.80 1 72.80 31276 22 50 8.84 194.48 1.5 291.72 99212 21 57 0.48 10.08 1 10.08 99243 21 57 1.88 39.48 1 39.48 92557 9 59 0.60 5.40 1 5.40 31296 1 53 3.29 3.29 1 3.29 99214 1 57 1.50 1.50 1 1.50 31238 1 58 2.74 2.74 1 2.74 69210 1 58 0.61 0.61 1 0.61 30903 1 59 1.54 1.54 0.5 0.77 10,981 411 8,926 9,966.63

Determining Fair Market Value CPT Modifier Examples Modifier 25: Significant, separately, identifiable E&M service by the same physician on the same day of the procedure or other services Used to describe separate, distinctly identifiable services from other services or other procedures rendered during the same visit Modifier 50: Bilateral procedure Used when bilateral procedures are performed at the same session Modifier 57: Decision for Surgery Used when an E&M service results in the initial decision to perform surgery

Determining Fair Market Value CPT Modifier Examples Modifier 58: Indicates a staged or related procedure or service by the same physician during the postoperative period Used to report a staged procedure planned at the time of the original procedure When performing a second or related procedure during the postoperative period Modifier 59: Distinct procedure/service Used to identify procedures/services, other than E&M services, that are not normally reported together, but are not appropriate under the circumstances

Determining Fair Market Value wrvu Analysis Example Benchmarking Metric National Regional - Southern Median 75th 90th Median 75th 90th wrvus - MGMA 6,743 8,571 11,200 7,411 10,912 13,277 wrvus - AMGA 6,828 8,719 10,771 7,824 10,542 13,179 Average 6,786 8,645 10,986 7,618 10,727 13,228 Physician Actual 2014 wrvu's 9,966.83 Based on 2014 Procedure Code Analysis Physician Benchmarks - National 15.29% Above the 75th Percentile -9.27% Below the 90th Percentile Physician Benchmarks - Southern 30.84% Above the Median -7.08% Below the 75th Percentile -24.65% Below the 90th Percentile

Pros and Cons wrvu Pro designed to recognize extra effort required depending on patient acuity Cons errors in calculating impacted by aggressive or conservative coding Office visits/patient encounters Pro relatively easy to measure, Con does not take into account the level of effort required

Quality Measures Vary by specialty Should utilize an objective methodology that is clearly defined and measurable Objectives need to clearly add value above the physician obligations that is, don t incentivize chart completion if chart completion is a requirement Measures should be related to the provider s practice and consider patient population Measures should also consider the provider s historical baseline data and target levels developed by national benchmarks but currently there may be limited data on the proper baseline

Factors to Consider When converting compensation moving from a private practice to an employment model, consider how some of the drivers of practice revenue are treated and how they might change Ancillaries In office procedures Mid level providers / bundling Coding Profile by specialty, aggressive or leaving money on the table Modifiers / multiple procedures Advanced or multiple fellowships do not fit neatly into the surveyed specialty

Fair Market Value and Commercial Reasonableness FMV is a range of monetary values. The range may be expressed in terms of a rate per productivity measure or amount of time, but should also be considered in total. Commercial reasonableness is an "is" or "is not" assessment. Example conclusion: In our opinion, compensation in the range of $X.XX to $X.XX per [productivity unit], implying annual total compensation of $XXX,XXX to $XXX.XXX, represents fair market value for the services to be performed. Based on our procedures and analyses, in our opinion, the arrangement is commercially reasonable when compensation is within this range of values.

Sanity Check Total Compensation/wRVU Look back to make sure agreement is applied consistent with the actual terms Does the arrangement make walking around sense, both financially and from a reasonableness perspective Length of contract Benefits comparable to other key positions in the hospital Full time v. part time

Questions? This material was used by Elliott Davis Decosimo during an oral presentation; it is not a complete record of the discussion. This presentation is for informational purposes and does not contain or convey specific advice. It should not be used or relied upon in regard to any particular situation or circumstances without first consulting the appropriate advisor. No part of the presentation may be circulated, quoted, or reproduced for distribution without prior written approval from Elliott Davis Decosimo.

Providing Additional Resources to Meet Your Needs Subscribe at www.elliottdavis.com/subscribe

McRae Sharpe Email: McRae.Sharpe@elliottdavis.com Phone: 865.521.1671 Shannon Farr Email: Shannon.Farr@elliottdavis.com Phone: 423.266.7230 Website: www.elliottdavis.com Elliott Davis Decosimo ranks among the top 30 CPA firms in the U.S. With sixteen offices across seven states, the firm provides clients across a wide range of industries with smart, customized solutions. Elliott Davis Decosimo is an independent firm associated with Moore Stephens International Limited, one of the world's largest CPA firm associations with resources in every major market around the globe. For more information, please visit elliottdavis.com.