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© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. ebglaw.com
Post-Acute Preferred Provider
Arrangements—Strategies for Partnership
Transacting in the Post-Acute Care Space
Crash Course
November 28, 2017
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com 2
Disclaimer
This presentation has been provided for informational purposes
only and is not intended and should not be construed to constitute
legal advice. Please consult us or your counsel in connection with
any fact-specific situation under federal, state, and/or local laws
that may impose additional obligations on you and your company.
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
Presented by
Clifford E. Barnes
Member of the Firm, Epstein Becker Green
Strategic Advisor, EBG Advisors, Inc.
cbarnes@ebglaw.com
Tel: 202-861-1856
3
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
Reasons Preferred Provider Arrangements Are
Part of Hospital and PAC Provider’s Strategy
 MedPac – recommendation of unified payment system for post acute with
payments based on patient characteristics instead of site of service to be
implemented in 2021.
 Medicare’s Hospital Readmission Reduction Program – (HRRP). Penalties up
to 3% of hospital’s payments as of October 2017. (Despite Trump admin
issue with ACA).
 Of the 3,241 hospitals whose readmissions were evaluated, Medicare
penalized 4 out of 5.
 Bundled Payment for Care Improvement (BPCI) will continue to increase.
 Value and outcome based payment models will continue to increase.
 Gain more control over quality and cost without acquisition or entering the
business.
4
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
Post-Acute Services on the
Continuum of Care
Hospice
Palliative
Care
Home
Health
Outpatient
Rehab
SNFs
Inpatient
Rehab
Long-
Term
Care
General
Acute
Care
Behavioral
Health
Primary
Care
5
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
Post Acute Care – Opportunity to Control
Costs and Outcomes
6
In 2015 – Medicare spent 60 billion in post acute services.
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
EBG and EBGA PAC Preferred Provider
Agreement Development Process
EBG and EBGA provide value added
I. PAC Assessment Process
II. Develop Data Request and Analysis
III. Evaluate Market Area PAC Providers
IV. Select PAC Network
V. Redesign Care to Effect PAC Continuum
VI. Establish Means and Measures for ROI
VII. Develop Preferred Provider Agreement
7
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
I. PAC Assessment Process
Conducts internal analyses
 Identify enterprise needs and points of pain
 Assess discharge process and practices
 Assess discharge patterns and volumes
 Assess needs for post acute – physicians, case managers, etc.
 Identify enterprise priorities
 Identify need for Care Transformation
8
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
II. Develop Data Request and Analysis
 Hospitalization rates
 ER utilization rates
 Average length of stay for Medicare
FFS and Managed Care
 Patient Satisfaction survey results
 Program Specialties and Clinical
Capabilities for:
• Heart attacks
• Heart failures
• Pneumonia
• Chronic lung disease
• Hip and knee replacement
• Coronary artery bypass graft surgery
 CMS Five-Star Quality Rating Data
 State Survey Scores
 Facility Leadership/Senior Staff
Tenure
 Employee Satisfaction and Turnover
9
Determine information needed to conduct analysis
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
 State Health and Safety Reports
 Medicare Quality Measures (Star
Rating)
• prevent pressure ulcers
• manage pain
• provide vaccines
 Medicare Billing Data
• average length of stay
• readmissions within 30 days
 Joint Commission Accreditation
(shows commitment to quality)
 Physician Alignment – where hospital
doctors frequent
 Case Manager and Discharge Planner
preferences based upon quality and
communication
 As part of selection visit, and
interview leadership to determine
commitment to collaboration and
partnership
 Specialties – complex case capability
 EHR Capability
III. Evaluate Market Area PAC Providers
10
Selection Criteria will vary by type of PAC provider
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
Criteria for Credentialing and Recredentialing in Network
 Legally sufficient credentialing process
 Readmission rates
 Emergency Department rates
 Patient discharges through post acute care continuum
 Average length of Stay
 Key indicia on standardized patient survey
 Quality measures
IV. Select PAC Network
11
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
Purpose
 Integrate and coordinate patients’ journey across PAC continuum
 Remove silos and focus on person-centered care models
 Transform patient experience through integrating interventions
MedPACs Recommended Strategies
 Establish new processes to facilitate better communication among staffs of
facilities and within staff – (leadership and staff)
 Improve skills of staff providing direct care
• i.e. fall prevention, signs and symptoms of deteriorating health status
 Medication Review
 Advance Care Planning – end-of life preferences
 Telemedicine – use of advanced practice nurses
V. Redesign Care to Effect PAC Continuum
12
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
National Transitions of Care Coalition’s Seven Essential Intervention
Categories
1. Medications Management – ensure safe use by patient and family
2. Transition Planning – formal process for safe transition from one level of
care to another
3. Patient and Family Engagement – Education and counseling of patients
and families to facilitate active participation
4. Information Transfer – Sharing care information in a timely and effective
manner. IT Strategy
5. Follow-up Care – Effective follow-up care activities
6. Health Provider Engagement – Demonstrating ownership, responsibility
and accountability
7. Shared Accountability Across Providers and Organization – Accountability
of care of patients by both referring and receiving providers
V. Redesign Care to Effect PAC Continuum
13
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
 Drive performance improvement initiatives
 Metrics that measure effectiveness and ROI of PAC Network
 Network members that fail to maintain metrics are suspended
Metrics
 Increase patient volume with shorter lengths of stays
 Increasing ability to care for more complex patients
 Readmission rates and root cause analysis
 Outcome improvement indicators i.e. infection, pressure ulcer rates,
resident fall with injury
 Agreed upon Patient Satisfaction Results
VI. Establish Means and Measures for ROI
for Acute and Post Acute Partner
Goals
14
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
Legal/Compliance Support
 Establish Criteria to Enable Patient to Make Informed Decision Preserving Patient
Choice while promoting narrow networks
• Medicare Hospital Conditions of Participation (CoPs) require discharge planning process and
that the discharge plan include:
– A list of SNFs or HHAS that are available to patient; that are participating in Medicare program
and that serve the geographic area in which resident resides or requested by patient;
– That hospital must document in patients medical record that the list was presented to the
patient or person acting on patient’s behalf;
– That hospital must inform the patient or family member of the freedom to chose among
participating Medicare providers; As needed, patient and family must be counseled to prepare
them for post-hospital care;
– That the hospital must not specify or otherwise limit the qualified providers that are available to
patient; and
– That the discharge plan must identify any HHA or SNF in which the hospital has a disclosable
financial interest.
VII.Develop Preferred Provider Agreement
15
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
Legal/Compliance Support
 Effective Contract Requirements:
• Communication Requirements, i.e. monthly meeting, education initiatives to improve
clinical skills; IT interoperability
• Monitoring requirements and structure, i.e., readmissions, complaints, patient satisfaction
surveys
• Basis of suspension of network member
• Oversight Structure
• Data Collection Process and IT initiatives
• Credentialing Criteria
• Pre-discharge and Post-discharge responsibilities
• Care Coordination including, transformation initiatives
• Metrics and measures for ROI
• Incentive compensation
VII.Develop Preferred Provider Agreement
16
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com
Questions?
Clifford E. Barnes
Member of the Firm, Epstein Becker Green
Strategic Advisor, EBG Advisors, Inc.
cbarnes@ebglaw.com
Tel: 202-861-1856
17
© 2017 Epstein Becker & Green, P.C. | All Rights Reserved. ebglaw.com
Thank you.
18
#44342314

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Post-Acute Preferred Provider Arrangements – Strategies for Partnership: Post-Acute Crash Course

  • 1. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. ebglaw.com Post-Acute Preferred Provider Arrangements—Strategies for Partnership Transacting in the Post-Acute Care Space Crash Course November 28, 2017
  • 2. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com 2 Disclaimer This presentation has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult us or your counsel in connection with any fact-specific situation under federal, state, and/or local laws that may impose additional obligations on you and your company.
  • 3. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com Presented by Clifford E. Barnes Member of the Firm, Epstein Becker Green Strategic Advisor, EBG Advisors, Inc. cbarnes@ebglaw.com Tel: 202-861-1856 3
  • 4. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com Reasons Preferred Provider Arrangements Are Part of Hospital and PAC Provider’s Strategy  MedPac – recommendation of unified payment system for post acute with payments based on patient characteristics instead of site of service to be implemented in 2021.  Medicare’s Hospital Readmission Reduction Program – (HRRP). Penalties up to 3% of hospital’s payments as of October 2017. (Despite Trump admin issue with ACA).  Of the 3,241 hospitals whose readmissions were evaluated, Medicare penalized 4 out of 5.  Bundled Payment for Care Improvement (BPCI) will continue to increase.  Value and outcome based payment models will continue to increase.  Gain more control over quality and cost without acquisition or entering the business. 4
  • 5. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com Post-Acute Services on the Continuum of Care Hospice Palliative Care Home Health Outpatient Rehab SNFs Inpatient Rehab Long- Term Care General Acute Care Behavioral Health Primary Care 5
  • 6. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com Post Acute Care – Opportunity to Control Costs and Outcomes 6 In 2015 – Medicare spent 60 billion in post acute services.
  • 7. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com EBG and EBGA PAC Preferred Provider Agreement Development Process EBG and EBGA provide value added I. PAC Assessment Process II. Develop Data Request and Analysis III. Evaluate Market Area PAC Providers IV. Select PAC Network V. Redesign Care to Effect PAC Continuum VI. Establish Means and Measures for ROI VII. Develop Preferred Provider Agreement 7
  • 8. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com I. PAC Assessment Process Conducts internal analyses  Identify enterprise needs and points of pain  Assess discharge process and practices  Assess discharge patterns and volumes  Assess needs for post acute – physicians, case managers, etc.  Identify enterprise priorities  Identify need for Care Transformation 8
  • 9. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com II. Develop Data Request and Analysis  Hospitalization rates  ER utilization rates  Average length of stay for Medicare FFS and Managed Care  Patient Satisfaction survey results  Program Specialties and Clinical Capabilities for: • Heart attacks • Heart failures • Pneumonia • Chronic lung disease • Hip and knee replacement • Coronary artery bypass graft surgery  CMS Five-Star Quality Rating Data  State Survey Scores  Facility Leadership/Senior Staff Tenure  Employee Satisfaction and Turnover 9 Determine information needed to conduct analysis
  • 10. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com  State Health and Safety Reports  Medicare Quality Measures (Star Rating) • prevent pressure ulcers • manage pain • provide vaccines  Medicare Billing Data • average length of stay • readmissions within 30 days  Joint Commission Accreditation (shows commitment to quality)  Physician Alignment – where hospital doctors frequent  Case Manager and Discharge Planner preferences based upon quality and communication  As part of selection visit, and interview leadership to determine commitment to collaboration and partnership  Specialties – complex case capability  EHR Capability III. Evaluate Market Area PAC Providers 10 Selection Criteria will vary by type of PAC provider
  • 11. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com Criteria for Credentialing and Recredentialing in Network  Legally sufficient credentialing process  Readmission rates  Emergency Department rates  Patient discharges through post acute care continuum  Average length of Stay  Key indicia on standardized patient survey  Quality measures IV. Select PAC Network 11
  • 12. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com Purpose  Integrate and coordinate patients’ journey across PAC continuum  Remove silos and focus on person-centered care models  Transform patient experience through integrating interventions MedPACs Recommended Strategies  Establish new processes to facilitate better communication among staffs of facilities and within staff – (leadership and staff)  Improve skills of staff providing direct care • i.e. fall prevention, signs and symptoms of deteriorating health status  Medication Review  Advance Care Planning – end-of life preferences  Telemedicine – use of advanced practice nurses V. Redesign Care to Effect PAC Continuum 12
  • 13. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com National Transitions of Care Coalition’s Seven Essential Intervention Categories 1. Medications Management – ensure safe use by patient and family 2. Transition Planning – formal process for safe transition from one level of care to another 3. Patient and Family Engagement – Education and counseling of patients and families to facilitate active participation 4. Information Transfer – Sharing care information in a timely and effective manner. IT Strategy 5. Follow-up Care – Effective follow-up care activities 6. Health Provider Engagement – Demonstrating ownership, responsibility and accountability 7. Shared Accountability Across Providers and Organization – Accountability of care of patients by both referring and receiving providers V. Redesign Care to Effect PAC Continuum 13
  • 14. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com  Drive performance improvement initiatives  Metrics that measure effectiveness and ROI of PAC Network  Network members that fail to maintain metrics are suspended Metrics  Increase patient volume with shorter lengths of stays  Increasing ability to care for more complex patients  Readmission rates and root cause analysis  Outcome improvement indicators i.e. infection, pressure ulcer rates, resident fall with injury  Agreed upon Patient Satisfaction Results VI. Establish Means and Measures for ROI for Acute and Post Acute Partner Goals 14
  • 15. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com Legal/Compliance Support  Establish Criteria to Enable Patient to Make Informed Decision Preserving Patient Choice while promoting narrow networks • Medicare Hospital Conditions of Participation (CoPs) require discharge planning process and that the discharge plan include: – A list of SNFs or HHAS that are available to patient; that are participating in Medicare program and that serve the geographic area in which resident resides or requested by patient; – That hospital must document in patients medical record that the list was presented to the patient or person acting on patient’s behalf; – That hospital must inform the patient or family member of the freedom to chose among participating Medicare providers; As needed, patient and family must be counseled to prepare them for post-hospital care; – That the hospital must not specify or otherwise limit the qualified providers that are available to patient; and – That the discharge plan must identify any HHA or SNF in which the hospital has a disclosable financial interest. VII.Develop Preferred Provider Agreement 15
  • 16. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com Legal/Compliance Support  Effective Contract Requirements: • Communication Requirements, i.e. monthly meeting, education initiatives to improve clinical skills; IT interoperability • Monitoring requirements and structure, i.e., readmissions, complaints, patient satisfaction surveys • Basis of suspension of network member • Oversight Structure • Data Collection Process and IT initiatives • Credentialing Criteria • Pre-discharge and Post-discharge responsibilities • Care Coordination including, transformation initiatives • Metrics and measures for ROI • Incentive compensation VII.Develop Preferred Provider Agreement 16
  • 17. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com Questions? Clifford E. Barnes Member of the Firm, Epstein Becker Green Strategic Advisor, EBG Advisors, Inc. cbarnes@ebglaw.com Tel: 202-861-1856 17
  • 18. © 2017 Epstein Becker & Green, P.C. | All Rights Reserved. ebglaw.com Thank you. 18 #44342314