Showing posts with label Compliance. Show all posts
Showing posts with label Compliance. Show all posts

Monday, August 18, 2014

Thinking Ahead! Assure That Next Generation Contracts Don’t Give You New Compliance Headaches

---Terri Bernacchi, PharmD, MBA,  President, Cambria Health Advisory Professionals, and FOUNDER, SME Systems &  CIS Strategic Consultant, Audit and Risk Assurance

No one can argue that the US health care system is changing at an epic pace.  Not surprisingly, these changes also impact contracts between pharmaceutical manufacturers and their various trading partners.  The evolving environment around contracts requires that a manufacturer must be willing to do more than just issue the familiar discount, rebate, or coupon to reduce the “listed” price of the product in exchange for its purchase.
New kinds of contracts (sometimes labeled as “Outcomes” or “Value-Based”) promise to change the basis for exchange from a simple “discount off of list price” to a “value to the purchaser” in exchange for its price, discounted or not.  Contract language always attempts to define difficult terms between the parties.  The parties themselves are undergoing unprecedented changes in terms of how they select and use pharmaceutical and device products; it is possible that the number of contracts will expand as the manufacturer tries to reach more local or regional customers with a next generation contract. 
Contracting with New Customer Types for Different Reasons.  Brand, bio-similar, and generic products will certainly continue to be contracted with traditional risk-holding parties for pricing discounts:  Medicaid, Medicare Part D, Commercial, Distributors or GPOs.  However, in addition to standard deals with those parties, next generation contracts may involve the exchange of more than price discounts for purchases.  These new contracts will provide payments for time and materials spent in proving value, exchanging data or evidence, and analyzing anonymized patient feedback.  These contracts may involve providers or Accountable Care Organizations, Hospital systems, or other provider entities.  They may also involve health plans and other payers providing a fee in exchange for working toward a shared goal of adherence or positive health outcomes, rather than just a price discount.
Price Transparency Factors Driving Prescriber Behavior Changes.  A key change driver that executives must fully grasp is what is going on at the physician level as the system moves away from “fee for service” care where the physician is unaware of the component costs associated with drugs or devices and into the “accountable care” arena where product cost has real consequences to the practice of medicine and possibly to the physician’s own compensation. 
More than ever, hospitals and health plans are using data to examine the cost effectiveness profiles of individual physicians to confirm that doctors included in their risk-based contracting arrangements are providing good member outcomes while holding down costs.  This means that manufacturers are going to have to convince an increasingly skeptical physician of the VALUE of their product.
“During a recent panel discussion on analytics and accountable care organizations, Darren Shulte, MD, MPP, president of Apixio, stated that cost transparency can have a powerful effect on practice patterns. By showing physicians how their costs stack up against their colleagues, Shulte said, they have a chance to see how the choices they make for a patient affect the total cost of care.”  (See:  http://www.healthcarefinancenews.com/blog/using-cost-transparency-change-physician-practice-patterns  )  
Defining Squishier Terms in Contracts.  A manufacturer’s current and next generation contracts will need to consider “price” but also the definition of “value” or “outcome”.  Further, the definitions of these terms and the impact of the contract will need to be rational to the prescriber.  This will continue to be particularly challenging and will probably vary by contract, based upon the context of the product options, the disease states, and the parties.  These contracts themselves must also address how success metrics will be calculated, what data is necessary to prove the metric is accurate, and how the data itself will be gathered and disseminated.   Thinking ahead now about how to define the terms, measure the results and verify or “audit” the results is critical to achieving a successful contract outcome.  
Never sign a contract that you don’t know exactly how you would be able to audit the terms or payments!
Be Pragmatic.  There are a number of practical concerns you should address before you jump into these next generation contracts.  You may want to pose a few key questions to your legal, managed markets, and trading partner teams. Among these:   
•  Can you define the terms you and your contracting partner are aiming for under your contract?  Or is the definition overly “squishy”?  How do you tighten the definitions?
•  Can you agree on the metrics that will define the relative success or failure of your objectives?
•  Can you quantify the “return on the contract” for your organization?  For your trading partner’s?
•  What is the monetary value based on?  A percentage of “list” price?  A “Fair Market Value” for services or data or something else?
•  Are you confident that your Contract Operations team can actually administer the new agreement, either in the contract management system or outside of it? 
•  How will you audit and confirm compliance, so that you are not just paying blindly and trusting without verifying?
•  How will regulators view these payments?  Do they contribute to or trigger a government pricing rule for the product?  If so, how?  Do they need to be reported as part of the Sunshine Act?   
•  Are the parties compliant with HIPAA and other data security or privacy rules? 
The time to plan is now, before you find yourself behind the competition in next generation contracting; however, the time to anticipate compliance and regulatory challenges is also now or maybe even yesterday.   
  See Link at CIS: 

 

Saturday, October 19, 2013

NCPDP Releases New White Paper on E Prescribing & Formulary Compliance


---Terri Bernacchi, PharmD, MBA,  President, Cambria Health Advisory Professionals
 
For the past 3 years, two workgroups associated with the National Council of Prescription Drugs has worked on a white paper to inform readers about the positive benefits (and related challenges) of the new “electronic prescribing” process.  I worked with this group personally.
The benefits of better record keeping, greater efficiencies and fewer errors due to physician handwritten prescriptions are associated with a technology that has also generated some new challenges.  For example, the group focused this paper on challenges relating to current processes between pharmaceutical companies who pay rebates based upon how formularies are implemented by health plans to offset costs. 
Interested parties will want to stay informed and work toward continued improvement in these processes, promoting a greater understanding regarding how this technology can be used to improve patient care, product selection, and still support business relationships. 
Just this week, NCPDP has released this daunting, but collaborative effort describing the following about e prescribing, formulary compliance and the manufacturer-payer trading partner relationships:   
ü  How the actual process of e prescribing works and the parties involved in the process. 
ü  That the contract language between manufacturers and payers is generally loose and proprietary.  This has fostered variability in some components of data exchanged in support of the invoicing and payment processes.
ü  That contracts between parties often establish rebate/discount eligibility based upon how therapy options are depicted in a formulary drug class, offering differential discounts based on whether rules have been properly applied in the formulary. (For example, a higher rebate is applied if the product is one of two in a preferred category, versus one of three.)
ü  These contracts may also employ language that spells out requirements regarding how the product should be displayed to the prescriber.
ü  That the process involves dynamic data used to illustrate, for any point in time, an accurate depiction of how a product or many products are depicted in any version of a Formulary, as well as how the patient’s benefit and coverage rules (including out-of-pocket, copay or co-insurance amounts) are impacted by the formulary.
ü  That formulary information is made available to EHR/electronic prescribing vendors with various levels of data elements supplied by processors/payers and plans, and at variable intervals.
ü  That formulary information is displayed in different ways by the vendors that support the electronic prescribing process. 
 
Interested parties can download a copy of the whitepaper here:  http://www.ncpdp.org/Whitepaper.aspx  
 
Terri is a Senior Partner at Valiant Health, LLC, and founder of Cambria Health Advisory Professionals.  The thoughts put forth on these postings are not necessarily reflective of the views of her employers, clients nor other Valiant Health colleagues. Terri has had a varied career in health related settings including: 9 years in a clinical hospital pharmacy setting, 3 years as a pharmaceutical sales rep serving government, wholesaler, managed markets and traditional physician sales, 3 years working for the executive team of an integrated health system working with physician practices, 4 years as the director of pharmacy for a large BCBS plan, 12 years of experience as founder and primary servant of a health technology company which was sold to IMS Health in late 2007.  She has both a BS and a PharmD in Pharmacy and an MBA. 
 

Thursday, October 21, 2010

Patient Medication Adherence May Result in Medical Misadventures – PATIENT

Terri Bernacchi, PharmD, MBA Health Advisory Professionals  
Finally!  Someone is recognizing that people don’t always comply with the dosage and instructions for their prescriptions (and are not always forthright with their doctors about the reality of their compliance).  When a physician notes that the medication doesn’t seem to be working, he or she increases the dosage, which may increase side effects and waste resources (at a minimum), if the patient actually does start to comply or is hospitalized and given the higher dose which is "new" to the patient. 
The evidence was collected by Medco Research Institute, the research arm of pharmacy benefit manager Medco Health Solutions.  The study concluded that nearly one-third of patients given increased dosages of antidepressants had not been regularly taking their original prescriptions. This is consistent with other studies of patient non-compliance or non-adherence----and people have a very difficult time being honest about taking or not taking their medications and the reasons they have for not taking them.  http://drugstorenews.com/story.aspx?id=154961&menuid=335
This is a quiet truth, the proverbial elephant in the room---that people lie----that many clinical failures or challenges are directly associated with behaviors that go unrecognized.   The clinical literature itself frequently draws conclusions based on an assumption of subject compliance.  Well-designed studies have measures in place to verify consistent behavior.
Now, the New England Healthcare Institute (NEHI) has called for a “national strategy” to examine the role care teams can have on improving patient adherence to prescription medicines.  The preface to their position paper which calls for Demonstration projects indicates that, “Poor medication adherence in all its manifestations costs the United States upwards of $290 billion per year in unnecessary health care spending, not to mention illnesses and deaths that could be otherwise prevented.”  A copy of the paper can be found at http://www.nehi.net/publications/48/medication_adherence_and_care_teams_a_call_for_demonstration_projects
Terri currently works for a large health sciences firm serving payers, pharmaceutical and device manufacturers and other stakeholders in health care as a Senior Principal in Managed Markets.  The thoughts put forth on these postings are not necessarily reflective of the views of her employer nor other Health Thought Leader colleagues.   Terri has had a varied career in health related settings including:  9 years in a clinical hospital pharmacy setting, 3 years as a pharmaceutical sales rep serving government, wholesaler, managed markets and traditional physician sales, 3 years working for the executive team of an integrated health system working with physician practices, 4 years as the director of pharmacy for a large BCBS plan, 12 years experience as founder and primary servant of a health technology company which was sold to her current employer three years ago.   She has both a BS and a PharmD in Pharmacy and an MBA.