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5Avoidable Mistakes
with Physician
Agreements and FMV
Commercially
Reasonable
Time
Tracking
Fair Market
Value
Streamline &
Standardize
Templates
Agenda
§ Complimentary organizations
§ Introductions
§ Framing the challenges
§ Process for creating and managing physician arrangements
§ 5 mistakes and how to avoid them
§ Best practices for ensuring integrity of physician arrangements
May19,2016
2
Introducing Ludi
3
▪ Eliminate paper physician time logs
▪ Operationally track physician contracts for
▪ Call coverage
▪ Co-Management
▪ Medical Directorships
▪ Research
▪ Teaching
▪ Standardize and streamline the processing and payment of physician
time logs with automation
▪ Manage and Measure physician alignment expenditures
▪ Improve compliance on documentation of time logs
▪ Monitor strategy and make changes
May19,2016
Introducing MD Ranger
§ Access 250+ benchmarks
§ Call coverage
§ Medical Direction
§ Hospital-Based services
§ Diagnostics
§ Clinical professional services
§ Standardize FMV documentation across the organization
§ Audit service line spending
§ Monitor contracts with risky rates
4
May19,2016
CHALLENGES
5
May19,2016
Physician arrangements complex
Medical
Directorships
Committee
Leadership
Bundled
Payment
Co-
Management Joint
Ventures
Professional
Service
Agreements
Employment
Shared
Savings
Level of Integration
Spend How many
physicians
are you
economically
aligned with?
Physician alignment spend is in silos
and is approximately $6M per hospital
7
Medical Directorships
Co-Management
On-Call
Research and Teaching
Clinical Integration
Bundled Payment
Employment
May19,2016
Determining and documenting FMV is
difficult
§ Physician contracts must be fair market value
§ Valuations are expensive
§ Market data (historically) difficult to obtain
§ Volume of physician agreements to document is overwhelming
§ Poor record-keeping makes processes laborious, challenging
8
May19,2016
9
Execution is a big problem
LEGAL
CONTRACT
MGMT
DUTIES
FAIR
MARKET
VALUE
TERMS
May19,2016
TODAY’S PROCESS
10
May19,2016
Process of creating arrangements
11
Determine
Commercial
Reasonableness
Both parties sign
the agreement
Determine FMV
May19,2016
Non-automated processes lead to:
12
Expensive errors
Wasted time and
resources
Compliance risks
Spending too much money
Many organizations apply different processes to different contracts, making more
room for error and risk
May19,2016
Process of executing agreements
13
Physician
Logs Time
Physician
Receives
Payment
May19,2016
Most tracking currently takes place on paper and goes through a multitude of steps
for approval and payment
14
Poor execution leads to:
Errors
Physicians feel
frustrated
Compliance risks
Spending too much
May19,2016
5 COMMON MISTAKES
15
May19,2016
1. Agreement is commercially
unreasonable
§ When payment is requested, never grant without thorough analysis
§ Market data can help
§ If it is commercially unreasonable to pay a physician for a service in
the first place, you have bigger problems than a payment that is too
high
16
May19,2016
2. Fair market value isn’t properly
addressed
§ Organizations sometimes rely on historical payments
§ Market forces shape difficult negotiation processes
§ Compensation benchmarks used have poor sample sizes, thus
making rates unreliable
§ Organizations don’t have thorough documentation processes
17
May19,2016
3. Agreement structure lacks clarity
§ Payment is not based on element of time:
Hourly rate x number of hours expected
§ Physician will be paid $5,000 quarter
§ Duplicate with other agreement, compensable duties in 2 places
§ Time, duties or payment not specified
§ Joinders are missing for physicians on group agreements
§ Silent on elements, ie how long do physicians have to submit time
logs
§ Time log format is confusing, leads physicians to documentduties not
in the agreement
18
May19,2016
4. Time tracking is a mess
Contract ends Physician continues to submit time logs
Late logs Physician hands in a full year’s worth of logs, past
90 days allowed
No time frame For submission, contracts should be clear on how
long you have to submit, i.e. 90 days
Multiple time logs Physician inadvertently submits the same log twice
Illegible Time log is illegible
19
May19,2016
5. Break the rules of your own contract
20
§ Hours worked is over the maximum, thus as are payments
§ Two time logs submitted for same period, or none at all
§ Not following contract rules
§ Layering or stacking of agreements, such as:
§ Employment
§ Medical director
§ Co-management
§ On-call
May19,2016
BEST PRACTICES
21
May19,2016
Standardize FMV process with market
data
1. Test for commercial
reasonableness
2. Find benchmarks with
appropriate sample sizes
3. Determine if scope of
services is a good match
4. Find best payments within
the market ranges (your
organization should have a
policy about this; if not,
create one)
5. Negotiate payment with the
physician or group
6. Document FMV!
22
Standardize the contract setup
23
1. Legal templates for various types of agreements
2. Include clear FMV detail, i.e. number of hours x hourly rate to
arrive at monthly payment with defined monthly or annual
maximum
3. Specify the number of days allowed to submit
4. Identify any unique duties to this specialty
5. Minimize the number of unique duties
May19,2016
Remove steps that aren’t adding value
24
May19,2016
Standardize and streamline the duties
Example duties for regulatory compliance:
§ Ensure that the service line adheres to each hospital’s policies and
procedures, applicable laws and regulations, accrediting body
requirement and other regulatory compliance, and make
recommendations to hospital personnel.
§ The Director shall ensure compliance with regulatory agencies
governing the medical staff, including the Joint Commission and state
and federal agencies with the assistance of hospital personnel in the
service.
§ The Medical Director, in collaboration with the unit leadership, nursing
director and hospital leadership, facilitates compliance with:
department policies; TJC standards; federal rules and regulations;
corporate integrity agreements
25
Reduce variation:
Time consuming and an operational
challenge to check time log against
specific duties each
Why?
10 unique duties per agreement
(10 X 60 = 600)
May19,2016
Automate time tracking and approvals
and create audit trail
26
May19,2016
§ Respect physician’s time by providing an automated solution with
§ better documentation
§ Hard code the check request eliminating errors on payments
§ Assign clear accountability to those approving
§ Confirm EACH payment is still within FMV
§ Maintain all past time logs
§ Audit process
Thank you
Gail Peace
Ludi
gail@ludiinc.com
904.553.4542
Allison Pullins
MD Ranger
apullins@mdranger.com
650-692.8873
27
May19,2016

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5 Avoidable Mistakes with Physician Arrangements and FMV

  • 1. 5Avoidable Mistakes with Physician Agreements and FMV Commercially Reasonable Time Tracking Fair Market Value Streamline & Standardize Templates
  • 2. Agenda § Complimentary organizations § Introductions § Framing the challenges § Process for creating and managing physician arrangements § 5 mistakes and how to avoid them § Best practices for ensuring integrity of physician arrangements May19,2016 2
  • 3. Introducing Ludi 3 ▪ Eliminate paper physician time logs ▪ Operationally track physician contracts for ▪ Call coverage ▪ Co-Management ▪ Medical Directorships ▪ Research ▪ Teaching ▪ Standardize and streamline the processing and payment of physician time logs with automation ▪ Manage and Measure physician alignment expenditures ▪ Improve compliance on documentation of time logs ▪ Monitor strategy and make changes May19,2016
  • 4. Introducing MD Ranger § Access 250+ benchmarks § Call coverage § Medical Direction § Hospital-Based services § Diagnostics § Clinical professional services § Standardize FMV documentation across the organization § Audit service line spending § Monitor contracts with risky rates 4 May19,2016
  • 6. Physician arrangements complex Medical Directorships Committee Leadership Bundled Payment Co- Management Joint Ventures Professional Service Agreements Employment Shared Savings Level of Integration Spend How many physicians are you economically aligned with?
  • 7. Physician alignment spend is in silos and is approximately $6M per hospital 7 Medical Directorships Co-Management On-Call Research and Teaching Clinical Integration Bundled Payment Employment May19,2016
  • 8. Determining and documenting FMV is difficult § Physician contracts must be fair market value § Valuations are expensive § Market data (historically) difficult to obtain § Volume of physician agreements to document is overwhelming § Poor record-keeping makes processes laborious, challenging 8 May19,2016
  • 9. 9 Execution is a big problem LEGAL CONTRACT MGMT DUTIES FAIR MARKET VALUE TERMS May19,2016
  • 11. Process of creating arrangements 11 Determine Commercial Reasonableness Both parties sign the agreement Determine FMV May19,2016
  • 12. Non-automated processes lead to: 12 Expensive errors Wasted time and resources Compliance risks Spending too much money Many organizations apply different processes to different contracts, making more room for error and risk May19,2016
  • 13. Process of executing agreements 13 Physician Logs Time Physician Receives Payment May19,2016
  • 14. Most tracking currently takes place on paper and goes through a multitude of steps for approval and payment 14 Poor execution leads to: Errors Physicians feel frustrated Compliance risks Spending too much May19,2016
  • 16. 1. Agreement is commercially unreasonable § When payment is requested, never grant without thorough analysis § Market data can help § If it is commercially unreasonable to pay a physician for a service in the first place, you have bigger problems than a payment that is too high 16 May19,2016
  • 17. 2. Fair market value isn’t properly addressed § Organizations sometimes rely on historical payments § Market forces shape difficult negotiation processes § Compensation benchmarks used have poor sample sizes, thus making rates unreliable § Organizations don’t have thorough documentation processes 17 May19,2016
  • 18. 3. Agreement structure lacks clarity § Payment is not based on element of time: Hourly rate x number of hours expected § Physician will be paid $5,000 quarter § Duplicate with other agreement, compensable duties in 2 places § Time, duties or payment not specified § Joinders are missing for physicians on group agreements § Silent on elements, ie how long do physicians have to submit time logs § Time log format is confusing, leads physicians to documentduties not in the agreement 18 May19,2016
  • 19. 4. Time tracking is a mess Contract ends Physician continues to submit time logs Late logs Physician hands in a full year’s worth of logs, past 90 days allowed No time frame For submission, contracts should be clear on how long you have to submit, i.e. 90 days Multiple time logs Physician inadvertently submits the same log twice Illegible Time log is illegible 19 May19,2016
  • 20. 5. Break the rules of your own contract 20 § Hours worked is over the maximum, thus as are payments § Two time logs submitted for same period, or none at all § Not following contract rules § Layering or stacking of agreements, such as: § Employment § Medical director § Co-management § On-call May19,2016
  • 22. Standardize FMV process with market data 1. Test for commercial reasonableness 2. Find benchmarks with appropriate sample sizes 3. Determine if scope of services is a good match 4. Find best payments within the market ranges (your organization should have a policy about this; if not, create one) 5. Negotiate payment with the physician or group 6. Document FMV! 22
  • 23. Standardize the contract setup 23 1. Legal templates for various types of agreements 2. Include clear FMV detail, i.e. number of hours x hourly rate to arrive at monthly payment with defined monthly or annual maximum 3. Specify the number of days allowed to submit 4. Identify any unique duties to this specialty 5. Minimize the number of unique duties May19,2016
  • 24. Remove steps that aren’t adding value 24 May19,2016
  • 25. Standardize and streamline the duties Example duties for regulatory compliance: § Ensure that the service line adheres to each hospital’s policies and procedures, applicable laws and regulations, accrediting body requirement and other regulatory compliance, and make recommendations to hospital personnel. § The Director shall ensure compliance with regulatory agencies governing the medical staff, including the Joint Commission and state and federal agencies with the assistance of hospital personnel in the service. § The Medical Director, in collaboration with the unit leadership, nursing director and hospital leadership, facilitates compliance with: department policies; TJC standards; federal rules and regulations; corporate integrity agreements 25 Reduce variation: Time consuming and an operational challenge to check time log against specific duties each Why? 10 unique duties per agreement (10 X 60 = 600) May19,2016
  • 26. Automate time tracking and approvals and create audit trail 26 May19,2016 § Respect physician’s time by providing an automated solution with § better documentation § Hard code the check request eliminating errors on payments § Assign clear accountability to those approving § Confirm EACH payment is still within FMV § Maintain all past time logs § Audit process
  • 27. Thank you Gail Peace Ludi gail@ludiinc.com 904.553.4542 Allison Pullins MD Ranger apullins@mdranger.com 650-692.8873 27 May19,2016