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Harmony Healthcare International, Inc. Copyright © 2012 All Rights Reserved 1 Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 1 HARMONY UNIVERSITY The Provider Unit of Harmony Healthcare International, Inc. (HHI) Presented by: Kris Mastrangelo, OTR/L, MBA, NHA President & CEO ACOs: Where Are We At? Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 2 The learner will be able to summarize goals of ACOs The learner will be able to identify and articulate examples of the ACO process The learner will be able to identify strategies for interdisciplinary management of ACOs Objectives Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 3 Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 3 Accountable Care Organizations “Voluntary groups of physicians, hospitals, and other health care providers that are willing to assume responsibility for the care of a clearly defined population of Medicare beneficiaries attributed to them on the basis of patients’ use of primary care services. If an ACO succeeds in both delivering high-quality care or improving care and reducing the cost of that care below what would otherwise have been expected, it will share in the savings it achieves for Medicare.” The New England Journal of Medicine (NEJM), October 20, 2011 Making Good on ACOs’ Promise – The Final Rule for the Medicare Shared Savings Program Donald M. Berwick MD, Administrator, CMS

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  • Harmony Healthcare International, Inc.

    Copyright © 2012 All Rights Reserved 1

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 1

    HARMONY UNIVERSITY

    The Provider Unit of

    Harmony Healthcare International, Inc.

    (HHI)

    Presented by:

    Kris Mastrangelo, OTR/L, MBA, NHA President & CEO

    ACOs: Where Are We At?

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 2

    The learner will be able to summarize goals of ACOs

    The learner will be able to identify and articulate examples of the ACO process

    The learner will be able to identify strategies for interdisciplinary management of ACOs

    Objectives

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 3 Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 3

    Accountable Care Organizations

    “Voluntary groups of physicians, hospitals, and other health care providers that are willing to assume responsibility for the care of a clearly defined population of Medicare beneficiaries attributed to them on the basis of patients’ use of primary care services.

    If an ACO succeeds in both delivering high-quality care or improving care and reducing the cost of that care below what would otherwise have been expected, it will share in the savings it achieves for Medicare.”

    The New England Journal of Medicine (NEJM), October 20, 2011

    Making Good on ACOs’ Promise – The Final Rule for the Medicare Shared Savings Program

    Donald M. Berwick MD, Administrator, CMS

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    Team Medicine

    First building blocks of integrated team medicine: Model, data and leadership

    Create a care team that maximizes impact for patients

    Build a physician culture of multidisciplinary practice

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 5

    Team Medicine

    1. An integrated, flexible physician model

    “Multispecialty group medical practice maximized physicians’ abilities to care for patients through doctor-to-doctor consultation, through the training and mentoring of young physicians, and through the inherent quality controls built into the group”

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 6

    Team Medicine

    2. Physician-Friendly Data

    Yields evidence-based medicine

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    Team Medicine

    3. Rethink physician leadership

    “We recruit physicians with a sense that we’re a group practice. We stand for quality. We measure quality and results. We think it’s important that we tell patients we’re going to give them the kind of quality they deserve. You then orient, evaluate, and promote people based on the same set of values and expectations. Eventually you end up with a culture that is very comfortable with a focus on quality, measurement, comparison, and improvement.”

    Jack Cochran, MD

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    Healthy Bones: Tests and Prescriptions to Prevent

    Problem: In 2010, osteoporosis was the ninth most costly major illness among the top 5% highest cost Medicare beneficiaries

    In 2005, 2 million fractures cost the United States $17 billion for both acute and long-term care. By 2025, the annual fracture rate is expected to increase by 50% to about 3 million at a cost of $25 billion per year.

    On average, 24% of patients presenting with a osteoperosis-related fracture die within one year, and the mortality rate of men exceeds women

    Only 21% of women age 67 or older who have had an osteoporosis-related fracture had a bone mineral density test or a drug prescription to treat or prevent osteoporosis in the six months after the fracture

    * Information provided by Kaiser Permanente

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    Healthy Bones

    Solution: Care managers, primary care physicians, and surgeons use daily reports generated from the electronic health record to identify members at risk for osteoporosis and fractures

    Care managers coordinate care for these patients to close care gaps

    Working together, the team provides patients with education, screening, treatments, and monitoring as needed. The multidisciplinary team includes:

    Orthopedic surgeons, endocrinologists, gerontologists, family practitioners, internists, rheumatologists, gynecologists, physical therapists, disease/care managers, radiologists and member education

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    Healthy Bones

    Impact:

    Annual bone density screening rates increased by 474% from 2002 to 2009

    People on anti-osteoporosis medications increased by 214% from 2002 to 2009

    Over 45% reduction in rate of hip fractures (preventing >1400 hip fractures) by 2010

    If the Healthy Bones approach were adopted in the United States, the country could achieve a 25% reduction in the rate of hip fractures, preventing 75,000 hip fractures per year

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    Improvement Standard

    As the New York Times reported on its front page Tuesday, Reuters (10/24, Morgan) reports that the Obama Administration has proposed a settlement to a class-action lawsuit, promising to broaden current Medicare regulations to allow coverage to "maintain the patient's current condition or ... prevent or slow further deterioration." Previously, beneficiaries had to demonstrate improvement to continue to receive coverage, the change will likely benefit thousands of Americans with degenerative conditions like multiple sclerosis, Parkinson's, and cerebral palsy.

    An HHS spokeswoman said the settlement merely "clarifies" current policy, and continued, "We expect no changes in access to services or costs."

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 12

    Improvement Standard

    The case, Jimmo v. Sebelius, resulted in a focus on skilled service delivery in the context of maintenance programs

    Historically, patients with chronic conditions and anticipated functional deterioration were considered skilled for the establishment of a maintenance program

    This settlement now allows for coverage of the actual delivery of maintenance therapy by licensed nurses and therapy professionals

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    Improvement Standard

    Current Medicare skilled guidelines state:

    The services must be provided with the expectation, based on the assessment made by the physician of the patient’s restoration potential, that the condition of the patient will improve materially in a reasonable and generally predictable period of time,

    Or the services must be necessary for the establishment of a safe and effective maintenance program

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 14

    Improvement Standard

    The Proposed Settlement:

    “Instead, providers, contactors, and adjudicators must recognize “maintenance” coverage and a beneficiary’s need for skilled care that is performed or supervised by professional nurses and therapists.”

    The manual revisions will clarify that, under the Skilled Nursing Facility, Home Health, and Outpatient Therapy maintenance coverage standards, skilled therapy services are covered when an individualized assessment of the patient’s clinical condition demonstrates that the specialized judgment, knowledge, and skills of a qualified therapist (“skilled care”) are necessary for the performance of a safe and effective maintenance program

    Such a maintenance program to maintain the patient’s current condition or to prevent or slow further deterioration is covered so long as the beneficiary requires skilled care for the safe and effective performance of the program

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    Improvement Standard

    Quality Care is our number one objective

    Harmony embraces the OBRA 87 regulations which require facilities to provide services to meet “the highest practicable physical, medical and psychological well-being” of every resident

    This practice has been our standard since its inception. This new Improvement Standard, further supports our core values as providers of specialized services to the post acute care population.

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    Continuum of Care Post Discharge

    “When the asthma attack is done, the patient goes home, and the game’s over. No one is accountable for any of the follow-up care.”

    George Halvorson , Chairman & CEO Kaiser Permanente

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 17

    Integrated Follow-up

    Call patient to make sure they are taking their meds

    Call patient to make sure they are avoiding any allergic trigger

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 18

    Prevention

    Problem: One in eight women develops breast cancer, and nearly 40,000 die from it every year

    Regular mammograms – which can identify breast cancer early, when it is most treatable – can reduce breast cancer deaths by more than 30 percent

    The United States Preventive Services Task Force recommends screenings every one to two years for women aged 50-74 years. However, current screening rates fall short of these guidelines, and they have been steadily declining

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    Prevention

    Through the Proactive Office Encounter program, the health care team identifies and targets patients with care gaps (including whether a patient is due for a mammography) or chronic medical conditions and encourages them to actively participate in own care

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    Proactive Office Encounter and Mammography

    The program engages all members of the clinical care team in a coordinated and collaborative effort to encourage and support patient health

    Automated creation of care checklists for all patients whose records indicate gaps in care

    At every point of contact with patients, clinical care teams review checklists and help patients get the care they need

    Based on identified gaps in care, medical assistants during office visits discuss with patients the need for preventive screenings and routine care, such as cancer screenings and tests for abnormal blood sugar or cholesterol levels, and schedule appointments on the spot

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 21

    Proactive Office Encounter Also Helps:

    Along with other concurrent improvement initiatives, the Proactive Office Encounter has contributed to:

    30% increase in colon cancer screening

    11% increase in breast cancer screening

    5% increase in cervical cancer screening

    13% improvement in cholesterol control

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    Data, Data, Data

    “You cannot make bricks without clay.” ~Sherlock Holmes

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    Better Patient Management Using Evidence-Based Medicine

    Patient Registry and Concurrent Tracking System

    Identifies all members in the population

    Risk stratifies population for targeting interventions and resources

    Tracks and monitors each patient for key indicators (lab, pharmacy, encounters, clinical indicators)

    Easy access (web-based)

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 24

    Better Patient Management Using Evidence-Based Medicine

    Care Management Systems

    Flags/alerts

    Supports telephone management and documentation

    Identifies all members in the population

    Supports Automated Clinical Decision Support and Practice Tools

    In-reach/outreach

    Health Education and Self-Care Support

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    Evidence-based Medicine/Prevention

    Proactive care instead of reactive care

    Patients who have the largest “gaps” in recommended care do not routinely visit their primary care physicians

    Specialty clinics must play a role to achieve optimal results. Fewer than 40% of patients needing a mammogram or testing for diabetes visited their primary care physician.

    Appointments can be made on the spot or referrals generated so gaps can be readily addressed

    Copyright © 2012 All Rights Reserved Harmony Healthcare International, Inc. 26

    Beyond the Patient: Widen Your Gaze

    Focus on primary care and prevention, and addressing chronic disease requires looking at larger communitywide issues

    Behavioral factors are as important as specific treatments: better diet, promoting physical activity, and reducing smoking

    Community education for adults and children in recognizing bad health habits and taking action to create a better health outlook

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    What is an Accountable Care Organization?

    Healthcare organization with a coordinated set of providers…

    Provider mix dependent on whether federal or commercial ACO structure

    Who share responsibility for the continuum of care… Clinical accountability – Quality of care

    Financial responsibility – Cost of care

    By providing the highest possible value of care… Increase quality

    Decrease costs

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    What is an Accountable Care Organization?

    For financial incentives or “shared savings” Value-based payments

    Reimbursement for achieving cost and quality goals

    From participating payors Public payors (e.g., Medicare, Medicaid)

    Commercial payors (e.g., BCBS of MA)

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    Key Principles and Elements of ACOs

    Local accountability Ability to provide and manage continuum of care

    Responsible and accountable for quality and cost of care

    Incentivize providers for quality – not quantity

    Shared Savings Legal entity and governance structure that allows receiving/distributing shared savings payments

    Invest shared savings in delivery system improvements

    Capable of financial and resource planning

    “AC0 Model Principles,” The Accountable Care Organization Learning Network, http://www.acolearningnetwork.org/why-we-exist/aco-model-principles (Accessed 09/16/2011)

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    Key Principles and Elements of ACOs

    Performance Measurement

    Ongoing metrics to obtain evidence of meaningful outcome improvements and cost impacts

    Measurements must be transparent and accessible

    Essential cost savings are result of meaningful improvements

    “AC0 Model Principles,” The Accountable Care Organization Learning Network, http://www.acolearningnetwork.org/why-we-exist/aco-model-principles (Accessed 09/16/2011)

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    Why Accountable Care?

    National Health Expenditures per Capita, 1960-2009 Centers for Medicare and Medicaid Services, Office of the Actuary, National Health Statistics Group, at http://www.cms.hhs.gov/NationalHealthExpendData/ (see Historical; NHE summary including share of GDP, CY 1960-2009; file nhegdp09.zip).

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    Why Accountable Care?

    Hospital Care

    31 %

    Physicians & Clinics

    20%

    1. Includes Research (2%) and Structures and Equipment (4%) 2. Includes expenditures for residential care facilities, ambulance providers, medical

    care delivered in non-traditional settings (such as community centers, senior citizens centers, schools, and military field stations, and expenditures for Home and Community programs under Medicaid

    3. Includes Durable (1%) and Non-durable (2%) goods

    Dental Services and Other Professionals

    7%

    Government Administration & Net Cost of Health

    Insurance 7% Nursing Care Facilities &

    Continuing Care Retirement Communities

    6% Rx Drugs

    10%

    Other – 14%

    Other Health, Residential, and Personal Care2

    5%

    Home Health Care 3%

    Government Public Health Activities

    3%

    Other Medical Products3 3%

    Investment1

    6%

    Note: Sum of pieces may not equal 100% due to rounding.

    Centers for Medicare & Medicaid Services,

    Office of the Actuary, National Health Statistics Group.

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    ACOs by Sponsoring Entity

    60%

    16%

    23%99

    Hospital

    Systems

    27

    Health Plans

    38

    Physicians

    Groups

    Note: Percentages don’t total 100% due to rounding. Source: Leavitt Partners

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    Perspective: Final Rule for Medicare Shared Savings Program

    “We believe that today’s ACO rule is the next step in our shared commitment to a better, more lasting health care system. We look forward to being a trusted partner in our nation’s journey toward patient-centered, coordinated care.”

    Donald M. Berwick MD, Administrator, CMS The New England Journal of Medicine (NEJM)

    October 20, 2011

    Making Good on ACOs’ Promise

    The Final Rule for the Medicare Shared Savings Program

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    Medicare Shared Savings Program ACO Requirements

    Legal Entity Formal legal structure established

    To receive and distribute any shared savings

    Proposed rule modified to allow participation of entities organized under Federal or tribal law

    Sufficient Size Sufficient number of primary care physicians

    To provide care for at least 5,000 beneficiaries

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations; Final Rule” Federal Register, Vol. 76, No . 212 (November 2, 2011), p. 67807-08, 67814-16, 67821-22, 67825, 67827, 67829, 67891, 67980.

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    Medicare Shared Savings Program ACO Requirements

    3-Year Commitment Must commit to participate in the program for at least three years

    Must provide CMS with 60 days advance notice if terminating agreement

    Participating ACO will not share in any savings in the performance year for which it notifies CMS of termination

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations; Final Rule” Federal Register, Vol. 76, No . 212 (November 2, 2011), p. 67807-08, 67814-16, 67821-22, 67825, 67827, 67829, 67891, 67980.

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    Medicare Shared Savings Program ACO Requirements

    Leadership & Governance Must have a mechanism for shared governance and responsibility

    Management structure must include both clinical and administrative systems

    ACO participants must hold at least 75% control of the ACO’s governing body

    Where ACO comprises multiple, otherwise independent entities not under common control, governing body must be separate and unique to the ACO

    Must provide for beneficiary representation on governing body

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations; Final Rule” Federal Register, Vol. 76, No . 212 (November 2, 2011), p. 67807-08, 67814-16, 67821-22, 67825, 67827, 67829, 67891, 67980.

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    Medicare Shared Savings Program ACO Requirements

    Leadership & Governance (Cont.) If governing body does not meet requirements, ACO must describe why it seeks to differ from requirements and how it will involve ACO participants in governance in innovative ways and/or provide for meaningful governance participation by Medicare beneficiaries

    ACO’s operations must be managed by an executive, officer, manager, or general partner, whose appointment and removal are under the control of the governing body

    Clinical management and oversight must be managed by a senior-level medical director who is one of the ACO’s physicians, is physically present in an established ACO location on a regular basis, and is board-certified and licensed in one of the states in which the ACO operates

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations; Final Rule” Federal Register, Vol. 76, No. 212 (November 2, 2011), p. 67807-08, 67814-16, 67821-22, 67825, 67827, 67829, 67891, 67980.

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    Medicare Shared Savings Program ACO Requirements

    Performance Measurement Must define, establish, implement, and periodically update processes to promote evidence-based medicine

    Guidelines must cover those diagnoses with significant potential for achieving quality improvements, while taking into account individual beneficiaries’ circumstances

    Must define, establish, implement, and periodically update processes and infrastructure for ACO participants and providers/suppliers to internally report on quality and cost measures

    Must report data on 33 quality measures for each year of performance agreement

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations; Final Rule” Federal Register, Vol. 76, No. 212 (November 2, 2011), p. 67807-08, 67814-16, 67821-22, 67825, 67827, 67829, 67891, 67980.

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    Medicare Shared Savings Program ACO Requirements

    Patient-Centered Must adopt a focus on patient-centered care that is promoted by the governing body and integrated into practice by leadership and management

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations; Final Rule” Federal Register, Vol. 76, No. 212 (November 2, 2011), p. 67807-08, 67814-16, 67821-22, 67825, 67827, 67829, 67891, 67980.

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    Medicare Shared Savings Program Eligible Entities

    Final Rule Designation Potential Provider Organizations

    ACO professionals in group practices • Primary Care Physician Practices

    Networks of individual practices of ACO professionals

    • Independent Practice Associations (IPA)

    • Multispecialty Physician Groups (MSPG)

    Partnerships or joint venture arrangements between hospitals and

    ACO professionals

    • Integrated Delivery Networks (IDN)

    • Clinical Integrated Networks (CIN)

    Hospitals employing ACO professionals

    • Hospital Medical Staff Organizations (MSO)

    • Physician Hospital Organizations (PHO)

    • Extended Hospital Medical Staff

    • Critical Access Hospitals

    Such other groups of providers of services and suppliers as the Secretary determines

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations; Final Rule” Federal Register, Vol. 76, No . 212 (November 2, 2011), p. 67812; “Accountable Care Organizations: A Roadmap for Success: Guidance on First Steps” By Bruce Flareau and Joe Bohn, 1st ed., Virginia Beach, VA: Convergent Publishing, LLC, 2911, pg. 45.

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    Medicare Shared Savings Program Quality Reporting Requirements

    33 quality reporting criteria across 4 domains include:

    Domain CMS Criteria

    1. Patient/Caregiver Experience Measures 1-7

    2. Care coordination/Patient Safety

    Measures 8-13

    3. Preventive Health Measures 14-21

    4. At-Risk Population Measures 22-33

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations; Final Rule” Federal Register, Vol. 76, No . 212 (November 2, 2011), p. 67889-67890, 67897.

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    Medicare Shared Savings Program Quality Reporting Requirements

    Patient/Caregiver Experience (1-7):

    Getting Timely Care, Appointments, and Information

    How Well Your Doctors Communicate

    Patients’ Rating of Doctor Access to Specialists

    Health Promotion and Education

    Shared Decision Making

    Health Status/Functional Status

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    Medicare Shared Savings Program Quality Reporting Requirements

    Care coordination/Patient Safety (8-13):

    Risk-Standardized, All Condition Readmission: The rate of readmissions within 30 days of discharge from an acute care hospital for assigned ACO beneficiary population.

    Ambulatory Sensitive Conditions Admissions: Chronic Obstructive Pulmonary Disease [AHRQ Prevention Quality Indicator (PQI) #5]

    Ambulatory Sensitive Conditions Admissions: Congestive Heart Failure [AHRQ Prevention Quality Indicator (PQI) #8]

    Percent of PCPs who successfully qualify for an EHR incentive program payment

    Medication Reconciliation: Reconciliation After Discharge from an Inpatient Facility

    Falls: Screening for Fall Risk

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    Preventive Health (14-21):

    Influenza Immunization

    Pneumococcal Vaccination

    Adult Weight Screening and Follow-up

    Tobacco Use Assessment and Tobacco Cessation Intervention

    Depression Screening

    Colorectal Cancer Screening

    Mammography Screening

    Portion of Adults 18+ who have had their Blood Pressure measured within the preceding two years

    Medicare Shared Savings Program Quality Reporting Requirements

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    At-Risk Population (22-33):

    Diabetes Composite (All or Nothing Scoring): Hemoglobin A1c Control (9%)

    Medicare Shared Savings Program Quality Reporting Requirements

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    At-Risk Population (Cont.)

    Hypertension (HTN): Blood Pressure Control: Percentage of patient visits for patients aged 18 years and older with a diagnosis of HTN with either systolic blood pressure ≥140 mmHg or diastolic blood pressure ≥ 90 mmHg with documented plan of care for hypertension Ischemic Vascular Disease (IVD): Complete Lipid Profile and LDL Control

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    Medicare Shared Savings Program Payment Mechanism – Shared Savings

    ACOs to receive payment for shared Medicare savings provided it

    Meets the quality performance requirements

    Demonstrates that it has achieved savings against benchmark of expected average per capita Medicare FFS expenditures

    An ACO shall be eligible for payment of shared savings

    “[O]nly if the estimated average per capita Medicare expenditures under the ACO for Medicare FFS beneficiaries for Parts A and B services… is at least the percent specified by the Secretary below the applicable benchmark.”

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations; Final Rule” Federal Register, Vol. 76, No . 212 (November 2, 2011), p. 67910, 67927-67930.

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    Medicare Shared Savings Program Payment Mechanism – Shared Savings

    ACOs receive bonuses for achieving resource use and quality targets over the course of a year

    ACOs face penalties for failing to meet these requirements

    The final rule sets out two risk models with various incentives for ACOs to receive shared savings payments

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations; Final Rule” Federal Register, Vol. 76, No . 212 (November 2, 2011), p. 67910, 67927-67930.

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    Federal Anti-Kickback Statute (AKS)

    Federal Physician Self-Referral Law (Stark Law)

    Federal Civil Monetary Penalty (CMP)

    Federal Antitrust Law

    Federal Tax Law

    State Regulations Antitrust

    Fraud and Abuse

    False Claims

    Corporate Practice of Medicine

    Insurance Law

    Regulatory Considerations

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    Regulatory Considerations Federal Anti-Kickback Statute

    Definition

    Prohibition against soliciting, receiving, or paying

    remuneration in exchange for the referral healthcare service

    billed to Medicare, Medicaid, or any other federal healthcare

    program.

    ACO Implication

    Current safe harbors to potentially shield ACOs from possible

    violations

    Direct employment

    Co-management arrangements

    Gainsharing

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations and Medicare Program: Waiver Designs in Connection With the Medicare Shared Savings Program and the Innovation Center; Proposed Rule and Notice” Federal Register, Vol. 76, No. 67 (April 7, 2011).

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    Regulatory Considerations Federal Stark Law

    Definition

    Prohibition against physician referrals to providers of

    Designated Health Services with whom the referring physician has a financial

    relationship .

    ACO Implication

    Compliance with the AKS and Stark may be waived, “as may be

    necessary,” to conduct:

    Any payment model for ACOs that the Secretary determines will

    improve the quality and efficiency of items and services furnished

    under the Medicare program

    The bundled payment/episode of care pilot

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations and Medicare Program: Waiver Designs in Connection With the Medicare Shared Savings Program and the Innovation Center; Proposed Rule and Notice” Federal Register, Vol. 76, No. 67 (April 7, 2011).

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    Regulatory Considerations Federal Civil Monetary Penalties

    Definition

    Civil penalties against hospital payments to physicians for

    Reducing length of stay

    Reducing readmission rates

    Other forms of fraud and abuse

    ACO Implication

    HHS has provided a waiver similar to those given for Stark Law and

    the AKS.

    “Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations and Medicare Program: Waiver Designs in Connection With the Medicare Shared Savings Program and the Innovation Center; Proposed Rule and Notice” Federal Register, Vol. 76, No. 67 (April 7, 2011).

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    Regulatory Considerations Federal Tax Law

    Definition

    Integration between providers coordinating

    care may cause nonprofit, tax exempt providers and for profit, taxable entities,

    to merge.

    ACO Implication

    Tax-exempt participants in ACOs should be able to

    remain that way as long as ACO furthers charitable

    purposes.

    “Accountable Care Organizations: Promise of Better Outcomes at Restrained Costs; Can They Meet Their Challenges?” By C. Frederick Geilfuss and Renate M. Gray, BNA’s Health Law Reporter, Vol. 19, no. 956 (July 8, 2010).

    “Herding Cats? What Health Care Reform Means for Hospital-Physician Alignment and Clinical Integration,” By Daniel H. Melvin and Chris Jedrey, McDermott, Will & Emery (October 13, 2010), p.38.

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    Regulatory Considerations Federal Antitrust

    Definition

    Sherman Act, Section 1 prohibits contracts, combinations and conspiracies that unreasonably restrain trade

    •Applies to independent, competing providers

    •Does not apply to:

    •Physicians all within the same group

    •A hospital and its full-time, employed physicians

    •A hospital and its controlled subsidiaries

    ACO Implication

    FTC and DOJ released proposed rules governing mandatory antitrust monitoring, based on the percentage of market share an ACO has for any

    specific service line.

    “Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Saving Program” 76 FR 75 (April 19, 2011), p. 21895.

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    Large health systems may be in best position to form ACOs

    Attract more PCPs

    Vertical Integration will likely aid in transition to ACO

    May easily meet quality requirements

    Greater access to capital and IT requirements

    Potential Hurdles:

    May need to lower cost or increase private insurers’ cost to generate shared savings

    Reimbursement Considerations Hospitals

    “Investors Not Likely to Provide ACO Funding Under Proposed Rule, Venture Capitalist Says” By Sara Hansard, Bureau of National Affairs, Health Law Reporter, Vol. 20, No. 1026, 2011; “Quality over Quantity” By Bryn Nelson, The Hospitalist (December 2009), www.the-hospitalist.org/details/article/477391/quality_over_quantity.html, (Accessed 2/28/11).; “Will Mayo Clinic save money as an ACO?” By Christopher Snowbeck and Don McCanne, Physicians for a National Health Program (February 8, 2011), www.pnhp.org/print/news/2011/february/will-mayo-clinic-save-money-as-an-aco, (Accessed 2/28/11).

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    Technology Considerations

    Electronic Medical Records

    Significant cost

    Help eliminate silos and increase continuity of care

    Meaningful use standards

    The technological impacts on providers choosing to participate in an ACO are rooted in the primary issue of purchasing or updating an EHR system

    Costly

    Must meet meaningful use standards to be eligible for savings

    EHR integration and alignment among ACO participants is critical to ensure benefits of HIT utilization are obtained

    “Technology Fundamentals for Realizing ACO Success”, Medicity, September 2010, http://www.himss.org/content/files/Medicity_ACO_Whitepaper.pdf, (Accessed June 30, 2011).

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    Key Principles of Accountable Care

    Underlying Causes of Poor Performance Principles of Accountable Care

    Lack of clarity about aims, and about whose perspectives are most relevant.

    Clear aims: better overall health through higher-quality care and lower costs with a focus on patients.

    Providers are fragmented and unable to coordinate care well; providers accept responsibility only for what they directly control.

    Establish provider organizations accountable for achieving better results for all of their patients at a lower cost.

    Payment system drives fragmentation, rewards unnecessary care, and penalizes care coordination and overall efficiency.

    Align financial, regulatory, and professional incentives with the aims of better health through higher-quality care, lower costs.

    Inadequate information to support provider and patient confidence about the value of reforms.

    Valid, meaningful performance measures that support provider accountability for aims and support informed and confident patient care choices.

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    Where The ACOS Are

    http://www.himss.org/content/files/Medicity_ACO_Whitepaper.pdf

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    ACO STATE

    Banner Health Network AZ

    Brown & Toland Physicians CA

    Healthcare Partners Medical Group CA

    Heritage California ACO CA

    Monarch Healthcare CA

    Primecare Medical Network ACO CA

    Sharp Healthcare ACO CA

    Physician Health Partners CO

    JSA Medical Group FL

    TriHealth, Inc. IA

    OSF Healthcare System IL

    Franciscan Alliance ACO IN

    Atrius Health MA

    Beth Israel Deaconess Physician Organization MA

    Mount Auburn Cambridge Independent Practice Association (MACIPA) MA

    Partners Healthcare MA

    Steward Health Care System MA

    32 Pioneer ACOs

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    ACO STATE

    Eastern Maine Healthcare Systems ME

    Genesys Physician Hospital Organization MI

    Michigan Pioneer ACO MI

    University of Michigan Health System MI

    Fairview Health Services MN

    Park Nicollet Health Services MN

    Allina Hospitals & Clinics MN/WI

    Dartmouth-Hitchcock ACO NH/VT

    Presbyterian Healthcare Services – Central New Mexico Pioneer Accountable Care Organization NM

    Healthcare Partners of Nevada NV

    Bronx Accountable Healthcare Network (BAHN) NY

    Renaissance Medical Management Company PA

    North Texas ACO TX

    Seton Health Alliance TX

    Bellin-Thedacare Healthcare Partners WI

    32 Pioneer ACOs

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    ACO STATE

    Arizona Connected Care, LLC AZ

    AppleCare Medical ACO, LLC CA

    Premier ACO Physician Network CA

    Accountable Care Coalition of Coastal Georgia FL

    Accountable Care Coalition of the Mississippi Gulf Coast, LLC FL

    Florida Physicians Trust, LLC FL

    Primary Partners, LLC FL

    West Florida ACO, LLC FL

    Accountable Care Coalition of Greater Athens Georgia GA

    Jackson Purchase Medical Associates, PSC KY

    Jordan Community ACO MA

    Physicians of Cape Cod ACO Description of Organization MA

    Accountable Care Coalition of Caldwell County, LLC NC

    Accountable Care Coalition of Eastern North Carolina, LLC NC

    Coastal Carolina Quality Care, Inc. NC

    27 Shared Savings Program ACOs

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    ACO STATE

    North Country ACO NH

    AHS ACO, LLC NJ

    Hackensack Physician-Hospital Alliance ACO, LLC NJ

    Optimus Healthcare Partners, LLC NJ

    Accountable Care Coalition of Mount Kisco, LLC NY

    Accountable Care Coalition of the North Country, LLC NY

    Chinese Community Accountable Care Organization NY

    CIPA Western New York IPA, doing business as Catholic Medical Partners NY

    Crystal Run Healthcare ACO, LLC NY/PA

    Accountable Care Coalition of Texas, Inc. TX

    RGV ACO Health Providers, LLC TX

    Accountable Care Coalition of Southeast Wisconsin, LLC WI

    27 Shared Savings Program ACOs

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    89 Additional ACOs

    As of July 1, 2012 89 new Accountable Care Organizations (ACOs) began serving 1.2 million people with Medicare in 40 states and Washington, D.C.

    Brings total number of organizations participating in Medicare shared savings initiatives to 154, including the 32 ACOs Pioneer ACOs and six Physician Group Practice Transition Demonstration organizations that started in January 2011

    As of July 1, more than 2.4 million beneficiaries are receiving care from providers participating in Medicare shared savings initiatives

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    The Spread of ACOs

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    Impact on SNF

    Transparency Might as well adjust to the fact that entities, other than surveyors, will be more interested in what SNFs are doing

    Outcomes Coordinated, efficient, error free “transitions of care”

    Length of Stay

    Functional rehabilitation progress: Service delivery

    Re-hospitalization rates

    Patient and Family Satisfaction

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    Impact on SNF

    Regulatory Level Outcomes Clinical QMs (falls, pressure sores, infection, restraints, pain, psychotropic meds, etc)

    Pharmacy error rates and Safety

    Annual and Complaint Survey compliance

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    Depression, PH Q9

    The monitoring and prevention in the geriatric population requires closer scrutiny

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    Questions/Answers

    Harmony Healthcare International

    1.800.530.4413

    www.Harmony-Healthcare.com

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