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29
Aligning the Odd Couple – Marketing and Compliance Medicare Marketing and Enrollment Strategies 2010

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Page 1: Mktg Compliance Aligned 3.26.10

Aligning the Odd Couple – Marketing and ComplianceMedicare Marketing and Enrollment Strategies 2010

Page 2: Mktg Compliance Aligned 3.26.10

Disclaimer

Content in this presentation is based on research and study of presenter through publicly available materials, personal interviews and online studies. Material is not to be duplicated or used in any other manner without the expressed consent of the presenter. Findings and opinions expressed are solely those of the presenter and not those of Windsor Health Plan, Inc.

Page 3: Mktg Compliance Aligned 3.26.10

Windsor Health Plan vitals

Five states 183 counties 31,348 MA/MAPD members in eight HMO plans 44,408 members in PDP plan Doubled enrollment three consecutive years Two comprehensive audits (2007, 2009)

Page 4: Mktg Compliance Aligned 3.26.10

The Admiral Stockdale dilemma

Marketing and Chapter 3 are enough It really is all about communications and positioning Navigating Compliance

Total CTM Complaints

050

100150200250300350400450

2006 2007 2008 2009 2010Complaints Mktg Misreps

Page 5: Mktg Compliance Aligned 3.26.10

Market landscape is changing

Entrance of M&NSupplements

New SupplementPlans

Reduced MAreimburs ements

The fall of PFFS Expans ion of HMO and PPO

Reces s ion fallout

Group marketopportunities

Booming market

Source: “A New Deal? What’s New for Medicare”?; Dawn McFerrin, Supplement to Sales Agent Journal, October 2009

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Surveillance was formerly moderate

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Intensity of oversight by OIG intensifies

Since 2008: 353,730 CTM complaints 92 notices of marketing non-compliance for 2009 AEP 1,500 secret shopping events in 2009 AEP Focused review of 400 random events

Inappropriate compensation Misleading tactics Aggressive, lack of consent

Outcome: Strong recommendations on sales oversight and increased

number of audits CMS disputing deficiencies

Source: Beneficiaries Remain Vulnerable to Sales’ Agents Marketing of Medicare Advantage Plans, OIG, March 2010

Page 8: Mktg Compliance Aligned 3.26.10

Scope of Horizontal Secret Shopping of Marketing Events During AEP

Total number of horizontal secret shops conducted 811 Number of MA organization shops 762 Number of PDP organization shops 49 Number of shops allocated to high-risk organizations 409 Number of shops allocated to all other organizations 402 Minimum number of shops conducted for any shopped organizations 1 Maximum number of shops conducted for any individual organization 134

Accountability by CMS intensifies

Overall Indus try Performance for Horizontal and Vertical Events

Total secret shops conducted 1,463 Percentage of organizations with violations 51.6%

Percentage of secret shopping events with violations 52.2%

Organizations issued notices for secret shopping violations 28

Source: Contract Year 2009 Marketing Surveillance Summary Report, CMS

Page 9: Mktg Compliance Aligned 3.26.10

Pressure intensifies with poor documentation

Based on 170 complaints in one Regional Office:

33 percent of cases were resolved, closed inappropriately or duplicates

28 percent of resolutions were poorly documented 20 percent of cases were incorrectly categorized About 12 percent of cases lacked specific

information about at least one issue

Source: CMS Assists Medicare Beneficiaries Affected by Inappropriate Marketing, GAO, December 2009

Page 10: Mktg Compliance Aligned 3.26.10

Snapshot poll of key MAO functions

Source: Marketing and Compliance Poll, March 2010, n=40

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Most plans under 50,000 MAPD members

Source: Marketing and Compliance Poll, March 2010, n=40

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All plans are under tight scrutiny

Source: Marketing and Compliance Poll, March 2010, n=40

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Most believe there is collaboration

Source: Marketing and Compliance Poll, March 2010, n=40

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Most see knowledge up and cases down

Source: Marketing and Compliance Poll, March 2010, n=40

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Regulatory halo effect

Source: Marketing and Compliance Poll, March 2010, n=40

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But not all levels agree on regulatory status

Source: Marketing and Compliance Poll, March 2010, n=40

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Lack of clarity leads to risk

Source: Marketing and Compliance Poll, March 2010, n=40

Lack of Clarity

Decisive Actions

Audit risk remains prominent

Page 18: Mktg Compliance Aligned 3.26.10

Big disconnect on status of compliance

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It could be as simple as motivationsAchievement Affiliation Power

Compliance

Marketing

Sales

Heartburn

Heartburn2

Heartburn

Frustration

Volatility

Source: David McClelland (adapted), staff surveys

Sales = Personal Power

Marketing = Social Power

Compliance = Expert Power

Page 20: Mktg Compliance Aligned 3.26.10

Common challenges among Marketers

“We feel like Compliance just drops our issues in CMS’s lap, and they just let the chips fall.”

“Compliance often stands behind the cloak of CMS.” “Compliance is not approachable or willing to negotiate.” “Compliance needs to work their relationship with the RO.” “Compliance is scared to death to re-file marketing pieces.” “Compliance feels a lot more like the ‘police’ than a ‘partner’.”

Source: Phone interviews with MAO Marketing and Compliance Departments, n=5

Page 21: Mktg Compliance Aligned 3.26.10

Marketing areas of opportunity

Take ownership of the regulatory communications process

Help Compliance position reporting, status and next steps

Let them walk in your shoes: Ensure Compliance understands business objectives Take them on a ride-along Make them rehearse the RO call with you Don’t be passive/aggressive

Page 22: Mktg Compliance Aligned 3.26.10

Structure affects confidence in compliant behavior

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Challenges for Compliance

“Why can’t Marketing and Sales just operate within the guidelines? There is plenty of room.”

“We have to think about the entire organization and they just have one chapter.”

“The sheer volume of work is a problem for us.” “Even when we condense the guidance and offer a point-of-

view, we feel like Marketing is always looking for an ‘out’.” “We don’t think Marketing really understands how even the

smallest issue can affect a huge number of people.” “Our deficiencies show up on public websites. We get CAPs.

We get fined.” “We are under a lot of pressure without always enough

authority.” “There will be pain and suffering.”

Source: Phone interviews with MAO Marketing and Compliance Departments, n=5

Page 24: Mktg Compliance Aligned 3.26.10

Working together is a great theory

Source: Marketing and Compliance Poll, March 2010, n=40

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Gaps still remain between the two departments

Source: Marketing and Compliance Poll, March 2010, n=40

Oversight

Knowledge

Leadership

Page 26: Mktg Compliance Aligned 3.26.10

Marketing areas of opportunity

Align your motivations and areas of struggle Evaluate the structure and operate around it

Matrix design works best Timelines and traffic systems create efficiency Affirmation is important

Create a clear value proposition for everything you ask of Compliance

Help make the Compliance Plan much more like an actionable Marketing plan

Page 27: Mktg Compliance Aligned 3.26.10

Have you given “power” to the expert?

Present materials and seek guidance through discussion Random audits for permission to contact Broker confirmation calls Medicare questionnaires Replacement forms for plan changes Create a contract year “readiness team” Random audit of sales allegation process and procedures Broker background checks – seven years Training, licensing and rapid disenrollment reporting Involvement in sales training or regular sales management calls Co-develop training, regardless of who delivers Provide measurable feedback from sales and verification calls Schedule regular meetings with Compliance with agenda and notes Provide Compliance with your reports for OPC meetings Help with policies, procedures, implementation timelines

Page 28: Mktg Compliance Aligned 3.26.10

Seven keys to Marketing/Compliance success

Recognize the business challenges ahead Recognize the risk of greater scrutiny together Build a communications and operations matrix Offer help in positioning in exchange for support Know your RO Collaborate on CMS communications/responses Recognize and support the “expert power” motive

Page 29: Mktg Compliance Aligned 3.26.10

Questions?

John M. SowellVice President, MarketingWindsor Health Plan, Inc.

7100 Commerce Way, Suite 285Brentwood, TN 37027

[email protected]