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Healthcare webinar presentation slides

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Healthcare webinar presentation slides

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Healthcare webinar presentation slides

  1. 1. Healthcare Webinar How to be compliant and engaging with your member communications. Ensure even the most legal content is customer experience-driven. With guest speaker Prof. Christopher R. Trudeau, JD.
  2. 2. AGENDA 01. Introductions 02. Key findings of the 2019 Health Insurance Report 03. Prof. Christopher R. Trudeau, JD - Connecting while complying: Why clear communication is vital in healthcare 04. Q & A
  3. 3. ˇˇ WEBINARHOUSEKEEPING • Our call will last approx. 1 hour. • Please ask your questions in the ‘Question’ facility. • We have a Q&A session at the end. • Please complete the survey at the end of the session. • The recording will be shared a few days after this webinar. Evelyn Wolf CMO @ VisibleThread Evelyn.wolf@visiblethread.com
  4. 4. MEET Christopher R. Trudeau, JD, is an Associate Professor at the University of Arkansas Little Rock, Bowen School of Law. He also leads the Regulatory Knowledge & Support function for the University of Arkansas for Medical Sciences’ Translational Research Institute. OUR GUEST SPEAKER Prof. Christopher R. Trudeau, JD Professor Trudeau is a recognized expert on clear legal communication, informed consent, and health literacy. He is the first lawyer to be appointed to the US National Academies’ Roundtable on Health Literacy and the Food & Drug Administration’s Risk Communication Advisory Committee. He frequently speaks on creating clear legal documents that people can understand on reducing organizational risk and while increasing compliance. He is also the author of the first U.S. study to focus on the public’s perception of legal communication. In 2018, he published a follow-up study with an international focus. Both of those studies can be found here: The Public Speaks: An Empirical Study of Legal Communication The Public Speaks, Again: An International Study of Legal Communication
  5. 5. 2019 HEALTH INSURANCE REPORT Key Findings
  6. 6. • Medicare Focus • When it comes to Medicare, do the top insurers communicate clearly? • 30 of the leading U.S. health insurers • Medicare documents available online, often PDFs • More than 169,000 words 2019 HEALTH INSURANCE REPORT
  7. 7. ˇˇ ONE 86.6% of insurers surveyed are not communicating with their target audience The National Center for Education measured health literacy in 2003. They found that 51% of adults aged 65-75 have a basic or below basic health literacy level. We recommend a reading grade level of 6 for this age bracket to ensure everyone can easily digest information. KEY FINDING
  8. 8. KEY FINDING TWO Only 6 out of 30 insurers have an acceptable complex word density Complex Simple accrue add, gain advantageous helpful heretofore until now is in consonance with agrees with, follows pertaining to about, of, on remainder rest therefore so validate confirm https://plainlanguage.gov/guidelines/words/use-simple-words-phrases/ We recommend a level of complex language of 1 or lower. Complexity Example: The patient is required to notify us. VS The patient needs to tell us. VS You need to tell us.
  9. 9. ˇˇ THREE 1/3 of insurance companies communicate in academic tone Passive voice levels should be at 4% or lower. KEY FINDING
  10. 10. ˇˇ FOUR Health insurers use 2x the recommended level of long sentences. Firms should aim for 5% long sentence use or less. Our research reveals and average score of 9.98% If you choose Original Medicare, you can purchase Medicare Supplemental Insurance plans — also called Medigap plans — to help you pay for care not covered by Parts A and B. 1 Sentence – 31 Words, 15.5 Grade Level You can purchase Medicare Supplemental Insurance plans with Original Medicare. These plans are also called Medigap. They will help you pay for care not covered by Parts A and B. 3 Sentences – Grade level of 7.6 KEY FINDING
  11. 11. ˇˇ KEY FINDING FIVE 2/3 of insurers produce content more difficult to read than Moby Dick
  12. 12. Connecting while complying: why clear communication is vital in healthcare Chris Trudeau, JD Associate Professor of Law, University of Arkansas, Little Rock, Bowen School of Law; University of Arkansas for Medical Sciences, Translational Research Institute Twitter: @proftrudeau
  13. 13. I have no other relevant financial interests to disclose My opinions are not legal advice & not necessarily those of these organizations
  14. 14. V. Telling you something Selling you something
  15. 15. What I’ll talk about today The importance of HL Tips to get started The business & regulatory case for integrating HL
  16. 16. The importance of clear, health- literate communication
  17. 17. Which of the following is the best predictor of an individual’s health status? a. Age b. Income c. Race/ethnicity d. Education Level e. Literacy Skills 75% of patients who reported being in poor health also tested in the below-basic HL category Source:Weiss BD. Health Literacy: A Manual for Clinicians. American Medical Association / American Medical Association Foundation, 2003. p. 7.
  18. 18. US adults and health literacy Below Basic: Identify how often to have a medical test, based on info in clearly written pamphlet Basic: Give 2 reasons a person with no symptoms of a specific disease should be tested for the disease Intermediate: Find the age range for child to receive a vaccine, using a chart Proficient: Find information to define a medical term by searching through a complex document 14% 22% 53% 12%
  19. 19. Literacy Levels among US Adults
  20. 20. US State of Arkansas: Health Literacy by County
  21. 21. We know people struggle with forms In one of the largest studies conducted on health literacy, researchers using patients from two public hospitals found that: Source: http://www.ncbi.nlm.nih.gov/pubmed/7474271 86% of people did not understand the rights and responsibilities section of a Medicaid Application 60% of people did not understand a standard informed consent form
  22. 22. Advanced Directives = the ultimate informed consent An anecdote from a patient of Dr. Rebecca Sudore at UCSF:
  23. 23. The business & legal case for health literacy
  24. 24. Happy Patients, Healthy Margins (Accenture study) https://www.accenture.com/t20151003T033201__w__/us-en/_acnmedia/Accenture/Conversion- Assets/DotCom/Documents/Global/PDF/Industries_17/Accenture-Happy-Patients-Healthy-Margins.pdf “A superior customer experience doesn’t just strengthen patient engagement — it also correlates to 50 percent higher hospital margins.” “[A] hospital system earning $2B in revenue would have to cut 460 jobs (assuming a loaded salary of $100K) to achieve the same 2.3 percent margin benefit that improving the consumer experience might bring through revenue growth.”
  25. 25. The SCAN Foundation Report on Patient- Centered Care (June 2016) http://www.thescanfoundation.org/person-centered-care-todays-health-care- environment-business-case-stronger-ever-issue-brief “For the person receiving care, PCC results in a greater sense of empowerment, a focus on wellness and quality of life, and a better care experience. There is also evidence that it improves the job satisfaction of health care providers, who enjoy connecting meaningfully with patients and working as a team.” “[For older adults], Medicare pays the hospital a certain amount for a hospitalization based on the person’s diagnosis, regardless of length of stay. . . . [W]hen the PCC program shortens stays, the hospital receives the same compensation but has lower costs and it realizes a return on its investment in PCC.”
  26. 26. If you could save $15 per call, would you? “Everytime someone calls us, it costs $15, at it takes time out of the caller’s day.” – Chris Carlson, VP at United Health At $15 per call, United Health had a clear incentive to focus on clear communication with its customers. One useful resource for everyone: • Just Plain Clear Glossary - https://www.justplainclear.com/en Chris Carlson, p. 51-52 https://www.nap.edu/download/25068
  27. 27. Laws, regulations, & accrediting standards encourage integrating clear communication
  28. 28. Many government healthcare agencies care about improving understanding: “Engage individuals and families as partners in their care by incorporating patient and caregiver preferences; using clear and productive communication strategies; improving the experience of care for patients, caregivers, and families; integrating health literacy principles; and promoting patient self- management.” Strategic Goal #1 from US HHS’s Strategic Plan:
  29. 29. US CMS’s Conditions of Participation (tag C-0320) says this about patient understanding of consent: “Informed consent requires that a patient have a full understanding of that to which he or she has consented. An authorization from a patient who does not understand what he/she is consenting to is not informed consent.” Ctr. for Medicare & Medicaid Serv., State Operations Manual, Appendix W, at C-0320 (2015).
  30. 30. For home healthcare organizations, CMS’s new final rules require: https://www.cms.gov/Regulations-and- Guidance/Legislation/CFCsAndCoPs/homehealth.html A Patient Rights Notice that includes patients’ right to actively participate, to develop and update their plan of care and discharge and transfer plans. This notice must written in a language and manner that patients can understand.
  31. 31. GDPR: General Data Protection Regulation This consent must be in “clear and plain language” for the given individual. “When seeking consent, [orgs] should ensure that they use clear and plain language in all cases. This means a message should be easily understandable for the average person and not only for lawyers. [Orgs] cannot use long illegible privacy policies or statements full of legal jargon.” “Given that children merit specific protection, any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”
  32. 32. The Joint Commission cares about clear communication “Informed consent forms that are written by lawyers for lawyers do not increase the knowledge of those who, with their signature, are committing to allow the performance of treatments and procedures that may be associated with significant risks. The typical informed consent form is unreadable for any level of reader.” THE JOINT COMM’N, WHAT DID THE DOCTOR SAY? IMPROVING HEALTH LITERACY TO PROTECT PATIENT SAFETY, p. 34 (2007).
  33. 33. Wells Settlement for Louisiana Medicaid Denials Requires the Louisiana Dept of Health to “describe specific reasons for denial in plain language and in sufficient detail to know the denial rationale.” üPL defined as ”language that the intended audience . . . can readily understand and use because the language is concise, well- organized, and follows best practices of plain-language writing.” Insurer should use this as a wake- up call
  34. 34. But what if your organization’s lawyers are still not convinced?
  35. 35. Understanding the lawyer’s purpose A Reality: A lawyer’s duty is to protect a client’s interest. This trumps everything else. But we can serve the client and be clear at the same time. Health literacy and the law are not mutually exclusive.
  36. 36. The sword & the shield of health literacy üHL is a sword because the research & regulations show how important it is to outcomes & understanding. So not adopting HL can open the door for claims. And, at a minimum, ineffectiveness. üHL is a shield because orgs that embrace HL are engaging in best practices to ensure optimal outcomes and understanding – they meet the gold standard.
  37. 37. Three things you should never assume about lawyers 1. That we know anything about health literacy/plain language 2. That we are experts on drafting • Some are; some aren’t. But legal drafting isn’t a required class in most law schools. So don’t assume we know anything more than what the law requires. 3. That we know anything about document design • Some are better than others, but most use Word or Word Perfect (Adobe means a type of native hut to many of us – not design products.)
  38. 38. Quicks tips to help you convert the reluctant
  39. 39. The importance of Behavior Theory
  40. 40. Clear Content User- Focused Design Clarity The importance of user-centered design
  41. 41. Assess the organizational culture for clarity
  42. 42. Enliven Organizational Health Literacy Self Assessment • Probably the most useful for public health orgs & social service orgs. • Other assessments developed for hospitals & provider orgs. • Developed at Monash in Melbourne, Australia • But relies on all the global data & authority. http://www.enliven.org.au/sites/default/files/Enliven%20He alth%20Literacy%20Audit%20Resource.pdf
  43. 43. The case for health lit: ü Better outcomes for orgs and customers ü Cost savings (hassle reducer) ü Better compliance with laws and regulations Connecting while complying benefits everyone Connect with me: @proftrudeau (Twitter) professortrudeau@gmail.com
  44. 44. ˇˇ YOUR QUESTIONS
  45. 45. ˇˇ THANK YOU FOR JOINING US To learn more & your additional questions Download the report Learn about the VT Insights Platform Get in touch with us https://www.visiblethread.com/ https://www.visiblethread.com/ products/visiblethread-insights/ Demo: info@visiblethread.com Your Questions: evelyn.wolf@visiblethread.com

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