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Accountable Care Organizations
           The Camel’s Nose Is In The Tent



                                           David Harlow JD MPH
                                          THE HARLOW GROUP LLC
             23rd Annual
Louisiana Society of Hospital Attorneys           blog • healthblawg.com
 Health Law Symposium                             twitter • @healthblawg

       November 8, 2012
        Baton Rouge, LA
We are challenged by shifting sands
High-performing health care providers
       can be integrated into
high-performing health care systems
What are the
federales trying to
   accomplish?

The “Triple Aim”

   Better care
  Better health
  Lower costs
ACO: Getting more elegant?
ACO: Drop in the bucket?
ACO: Getting more elegant?
Value-Based
 Payment
ACO is one tool to get providers
  to manage a population of
           patients
How? Financial incentives.
         $18,000,000


         $16,000,000


          $14,000,000                                         Yr 1    Yr 2


          $12,000,000                                         Yr 3    Yr 4

          $10,000,000
                                                              Yr 5

            $8,000,000


            $6,000,000


            $4,000,000


             $2,000,000


                        $0

                             Billings
                                        Dartmouth
                                                    Everett
                                                                 Forsyth
                                                                             Geisinger
                                                                                         Marshfield
                                                                                                      Middlesex
                                                                                                                   Park
                                                                                                                  Nicollet   St. John's
                                                                                                                                          Michigan
Graphic courtesy Jaan Sidorov, Disease Management Care Blog
What
 is
 an
ACO?
ACO Basics
Single entity                     33 performance measures
Three-year commitment             Patient engagement
One-way or two-way risk-sharing   Patient-centeredness
PCPs and broader network          Stark/AKS
5000 patient minimum              IRS
                                  Antitrust
Proposed Rule versus Final Rule
           http://j.mp/ACOchart
Final ACO quality measures
      http://j.mp/ACOqualitymeasures
ACO
regulations
coordinate
  across
 numerous
  Federal
 agencies
All in all, ACO risk/reward ratio
          seems skewed
IT infrastructure cost estimate
            >$1.5m
Success requires both:
Conversion of
health system
data to actionable
intelligence
                   &
                         Clinical
                         Integration
More details from the ACO
rules, and traps for the unwary
Over 60% of health care provider
executives said they intend to form
an ACO before the rules were out
Culture of Collaboration
Opportunities for
physician-led ACOs
Even if an ACO is not in your
immediate future, these principles
          will affect you

            Bundled     Commercial
           Payments       ACOs




             Pay for       Other
          Performance   Innovations
Commercial plans are
  non-standardized
Jeff Goldsmith: Suggests 3
commercial ACO payment systems
 for 3 different types of providers

                   Primary
                               • Risk-adjusted
                                 capitation


                  Emergency
                               • Fee-for-
                                 service


                   Specialty
                               • Bundled
                                 payments
Bundled Payments
 MSSP is just one arrow                              Comprehensive Primary Care
                                                     Initiative
                                                     Financial Alignment Initiative
 in the quiver                                       FQHC Advanced Primary Practice
                                                     Demo
  •Medicare Shared Savings Program                   Graduate Nurse Education Demo
    – “Traditional” ACO                              Health Care Innovation Awards
                                                     Independence At Home Demo
  •Advance Payment Initiative                        Initiative to Reduce Avoidable
  •Pioneer ACO                                       Hospitalizations Among Nursing
  •Other CMS Innovation Center Initiatives           Facility Residents
                                                     Innovation Advisors Program
                                                     Medicaid Emergency Psychiatric
                                                     Demo
                                                     Medicaid Incentives for the
                                                     Prevention of Chronic Diseases
                                                     Million Hearts
                                                     Partnership for
                                                     PatientsCommunity-based Care
                                                     Transitions Program
                                                     State Innovation Models Initiative
                                                     Strong Start for Mothers and
For details, see: innovations.cms.gov/initiatives/   Newborns
CMS Bundled Payment Initiative

 Bundled
Payments




            ACO “lite”
            MS-DRG-specific
            Gainsharing

            . . . Bundled Payment Pilot - 2013
Bundled
Payments                      Medicare FFS Reimbursement

                            CMS payment




Actual cost of providing bundle of services          Discount
                                                   incorporated
                          Potential shared savings into target
                                                       price
Care Coordination Initiatives
What can you do now to prepare
       for the future?
Physicians
are central to
     the
development
    of an
accountable
    care
organization
You cannot manage what you do
         not measure
Opportunity for all providers: Be the
go-to (cost-effective) guys (or gals)
Accountable Care Organizations - The Camel's Nose Is In the Tent
.
Accountable Care Organizations - The Camel's Nose Is In the Tent
David Harlow JD MPH
Thank You   THE HARLOW GROUP LLC

                   for contact info
                txt dharlow to 50500
                 or scan the QR code

                  harlowgroup.net
                  healthblawg.com
              twitter.com/healthblawg
              david@harlowgroup.net

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Accountable Care Organizations - The Camel's Nose Is In the Tent

  • 1. Accountable Care Organizations The Camel’s Nose Is In The Tent David Harlow JD MPH THE HARLOW GROUP LLC 23rd Annual Louisiana Society of Hospital Attorneys blog • healthblawg.com Health Law Symposium twitter • @healthblawg November 8, 2012 Baton Rouge, LA
  • 2. We are challenged by shifting sands
  • 3. High-performing health care providers can be integrated into high-performing health care systems
  • 4. What are the federales trying to accomplish? The “Triple Aim” Better care Better health Lower costs
  • 5. ACO: Getting more elegant?
  • 6. ACO: Drop in the bucket?
  • 7. ACO: Getting more elegant?
  • 9. ACO is one tool to get providers to manage a population of patients
  • 10. How? Financial incentives. $18,000,000 $16,000,000 $14,000,000 Yr 1 Yr 2 $12,000,000 Yr 3 Yr 4 $10,000,000 Yr 5 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 Billings Dartmouth Everett Forsyth Geisinger Marshfield Middlesex Park Nicollet St. John's Michigan Graphic courtesy Jaan Sidorov, Disease Management Care Blog
  • 12. ACO Basics Single entity 33 performance measures Three-year commitment Patient engagement One-way or two-way risk-sharing Patient-centeredness PCPs and broader network Stark/AKS 5000 patient minimum IRS Antitrust
  • 13. Proposed Rule versus Final Rule http://j.mp/ACOchart
  • 14. Final ACO quality measures http://j.mp/ACOqualitymeasures
  • 15. ACO regulations coordinate across numerous Federal agencies
  • 16. All in all, ACO risk/reward ratio seems skewed
  • 17. IT infrastructure cost estimate >$1.5m
  • 18. Success requires both: Conversion of health system data to actionable intelligence & Clinical Integration
  • 19. More details from the ACO rules, and traps for the unwary
  • 20. Over 60% of health care provider executives said they intend to form an ACO before the rules were out
  • 23. Even if an ACO is not in your immediate future, these principles will affect you Bundled Commercial Payments ACOs Pay for Other Performance Innovations
  • 24. Commercial plans are non-standardized
  • 25. Jeff Goldsmith: Suggests 3 commercial ACO payment systems for 3 different types of providers Primary • Risk-adjusted capitation Emergency • Fee-for- service Specialty • Bundled payments
  • 26. Bundled Payments MSSP is just one arrow Comprehensive Primary Care Initiative Financial Alignment Initiative in the quiver FQHC Advanced Primary Practice Demo •Medicare Shared Savings Program Graduate Nurse Education Demo – “Traditional” ACO Health Care Innovation Awards Independence At Home Demo •Advance Payment Initiative Initiative to Reduce Avoidable •Pioneer ACO Hospitalizations Among Nursing •Other CMS Innovation Center Initiatives Facility Residents Innovation Advisors Program Medicaid Emergency Psychiatric Demo Medicaid Incentives for the Prevention of Chronic Diseases Million Hearts Partnership for PatientsCommunity-based Care Transitions Program State Innovation Models Initiative Strong Start for Mothers and For details, see: innovations.cms.gov/initiatives/ Newborns
  • 27. CMS Bundled Payment Initiative Bundled Payments ACO “lite” MS-DRG-specific Gainsharing . . . Bundled Payment Pilot - 2013
  • 28. Bundled Payments Medicare FFS Reimbursement CMS payment Actual cost of providing bundle of services Discount incorporated Potential shared savings into target price
  • 30. What can you do now to prepare for the future?
  • 31. Physicians are central to the development of an accountable care organization
  • 32. You cannot manage what you do not measure
  • 33. Opportunity for all providers: Be the go-to (cost-effective) guys (or gals)
  • 35. .
  • 37. David Harlow JD MPH Thank You THE HARLOW GROUP LLC for contact info txt dharlow to 50500 or scan the QR code harlowgroup.net healthblawg.com twitter.com/healthblawg [email protected]