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Reducing the Cost of Prescription Medications in Workers’ Compensation Cases and MSAs Presented by: Melisa C. Zwilling, Esq. Carr Allison Medicare Compliance Group [email protected] www.carrallisonmsa.com Jeff Carlisle Carlisle & Associates [email protected] www.carlislemedical.com Exceeding Expectations . . . Delivering Results Welcome! Webinar approved for CE credit in Alabama, California, Florida, Georgia, North Carolina and Texas Handouts will be emailed Information will be submitted for CE credit If you did not indicate which states you need credit for or provide your license number and/or NPN during registration, please email that information to me as soon as possible Must be attentive to qualify for CE credit, per state rules 2 Medicare Secondary Payer Act Medicare may not make payments if “payment has been made or can reasonably be expected to be made” by a “primary plan” WC insurers, self-insured employers, no-fault insurers, automobile or liability insurers, group health plans If payment is made, it is “conditioned” upon reimbursement If U.S. must file lawsuit, may recover double damages May collect from “any entity that has received payment from a primary plan or from the proceeds of a primary plan’s payment to any such entity” 3 MSPA Compliance Future Medical Expenses Medicare Conditional Payment Claims MAPs and PDPs Section 111 4 Future Medicals 5 WC Medicare Set-asides (MSAs) Money for future medical expenses Medicare would otherwise pay MSAs are not required by law, however, the burden of paying future medical expenses may not be shifted from a primary payer to Medicare MSAs help ensure that Medicare is not called upon to pay medical expenses that primary payer should, or arguably should, pay MSAs are established at the time of settlement May be submitted to CMS for approval 6 Aggressive Approach to Submissions Reduced dosage or frequency Pain medications, sleep medications, NSAIDS, muscle relaxants, anxiety medications Supporting evidence 7 Difficulties with CMS Approval Lifelong medications Added cost of opioids, even if actual medication cost is low CMS generally requires quarterly physician visits and urine drug screens Single opioid prescription with relatively low lifetime costs can increase a set-aside significantly 8 Liability Settlement Allocations Less formal than workers’ compensation CMS approval not available May take defenses available under state law into account Must still include reasonable amount of money to cover prescriptions 9 Pharmacist Rx Review and Reduction 10 Case Management Prescription Review Services A comprehensive clinical review regarding an injured worker’s medication usage is completed. The review includes: Opioid monitoring and identification for early intervention Generic alternatives when brand name medications are prescribed Evaluation for possible duplication of drug therapy Cost-effective medication alternatives prepared for physician consideration Inquire as to the appropriateness of drug therapy in relation to diagnosis Optional consultation with the provider where allowed Assist with catastrophic or long-term maintenance claims Identifies potential opioid weaning plans 11 Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Case Management Prescription Review Services Checklist to Determine the Need for a Case Management Prescription Review Claimant’s monthly medication cost exceeds $500 Claimant taking brand name medications that have a generic equivalent Claimant taking two (2) or more medications in the same therapeutic class Claimant taking medication that appears to be unrelated to his/her injury Medical Only file that has been open for over five (5) years Claim approaching settlement Medicare Set-Aside being arranged for this claimant Two (2) or more treating physicians on a file 12 Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Case Management Prescription Review Services Comparing Clinical Interventions Case Management Prescription Review Case Management Opioid Weaning Plan Drug Utilization Review Peer Review Task Assignment 13 Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Case Management Prescription Review Services Review Steps 2. Pharmacist and case manager review medication history and prepare alternatives for the report 1. Claims approaching settlement/MSA with qualifying indicators 4. Upon approval, case manager consults with physician to discuss options and facilitates changes 3. RX Review discussed with adjuster /Medicare compliance group and case manager consult suggested 5. Injured worker receives approved new medications and savings are realized ongoing monthly 6. Pharmacy Program alerts case manager of any treatment plan changes 14 Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Why the Consulting Case Manager Should Present 3. RX Review Historical tracking shows that the mailing or faxing of a prescription review to a discussed with physician only facilitated the requested changes 15% of the time. In contrast, adjuster /Medicare utilizing a case manager to present the prescription review and discuss compliance alternatives group and case manager consult to yields a success rate of 80%. The reasons for increased success can be attributed suggested a few key points: • • Information is provided clearly and concisely in an easy to read report from the worker 4. Upon uses approval, case to discuss5.aInjured pharmacist. The case manager the report future plan of care receives approved new manager consults with that includes alternativesphysician to the current medication regimen. medications and to discuss savings are realized options and facilitates ongoing The case managers ability to dialogue clarifymonthly any concerns changeswith the provider can about the efficacy of possible changes and focuses attention on the task at hand. • 6. Pharmacy The case manager will coordinate changes with Retail Network Program alerts case and/or Home manager of any Delivery. treatment plan changes 15 Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Mail vs. In Person Success Rate Case Management Prescription Review Services Brand vs. Generic ➢ Brand/Generic ➢ Lyrica 100mg ➢ Pregabalin 100mg $192.10 ➢ Percocet 10/325 $2,419.45 ➢ Endocet 10/325 $513.74 $183.90 16 Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Case Management Prescription Review Services Topicals Pennsaid Sol 2% - 112gms $2,989.90 Voltaren Gel OTC 300gms $49.44 (Walmart + tax) 150gms $24.72 (Walmart + tax) 100gms $19.77 (Walmart + tax) PRN Use (as needed) Exceeding CDC/Manufacturer Guidelines 17 Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Case Management Prescription Review Services Therapeutic Equivalents Formulation Change Tizanidine 4mg capsules $90.70 Tizanidine 4mg tablets $29.97 Extended-release to Immediate-release Amrix 30mg $1,324.53 Cyclobenzaprine ER 30mg $1,182.73 Cyclobenzaprine 10mg $48.60 Combination Drugs Duexis 800/26.6mg $2,592.42 Ibuprofen 800mg $35.23 Famotidine 20mg $108.81 18 Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Cost Drivers Associated With Opioid Use 19 Opioids Increased claim costs Increased time off of work Cost of opioid Increased prescription count Lower cost alternatives Weaning Protocol Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. CDC Opioid Prescribing Guidelines Opioids are not first-line or routine therapy for chronic pain Goals for pain and function Realistic benefits vs risk Clinically meaningful improvement in pain/function Lowest effective dose (start low/go slow) Check prescription drug monitoring programs (PDMP) Urine drug screening Treatment for opioids use disorder if needed Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. 20 Common Side Effects of Opioids 21 Drowsiness Itching Physical dependence Increased sensitivity to pain (hyperalgesia) Confusion Dizziness Constipation GI upset, nausea Decrease in testosterone Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Overdose can lead to death Cost Drivers Associated With Opioid Use 22 Long-Term Opioid Side Effect Cost Drivers Constipation Drowsiness Movantik $444 Armodafinil(Nuvigil) $628 Relistor $2,426 Modafinil(Provigil) $757 Decreased Testosterone Testosterone Inj $226 Testosterone Gel $106 Sildenafil (Viagra) $321 This Photo by Unknown Author is licensed under CC BY-NC-ND Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Abuse-Deterrent Formulations Raise Cost Per FDA, abuse-deterrent properties are defined as those properties shown to meaningfully deter abuse, even if they do not fully prevent abuse Abuse-deterrent DOES NOT mean abuse PROOF Abuse-deterrent formulations are often more costly OxyContin $755 Xtampza $1029 VS. Oxycodone $231 Morphabond $1143 VS. Morphine Sulfate ER $194 Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Zohydro $761 Hysingla $930 VS. Hydrocodone/APAP $130 23 Case Management Prescription Review Services Review Example Yearly Savings $35,791.80 24 Case Management Prescription Review Services Review Example Yearly Savings $29,915.40 25 Case Management Prescription Review Services 2020 Case Study Reviews Claimant Potential Monthly Savings Angela $1,844.95 $819,157.80 3 $231.33 37 $102,710.52 COST SAVINGS ACHIEVED John $492.67 $35,472.24 0 $0.00 6 $0.00 NO SAVINGS ACHIEVED Sandra $2,013.21 $676,438.56 3 $1,880.60 28 $631,881.60 COST SAVINGS ACHIEVED Steve $309.22 $63,080.88 1 $297.00 17 $60,588.00 COST SAVINGS ACHIEVED Vickie $790.53 $284,590.80 3 $792.15 30 $285,174.00 COST SAVINGS ACHIEVED Dennis $779.66 $140,338.80 2 $412.42 15 $74,235.60 COST SAVINGS ACHIEVED Avis $3,497.66 $755,494.56 3 $3,298.44 18 $712,463.04 COST SAVINGS ACHIEVED Frances $679.38 $146,746.08 0 $0.00 18 $0.00 NO SAVINGS ACHIEVED Daniel $422.05 $106,356.60 1 $3.52 21 $887.04 COST SAVINGS ACHIEVED Willie $2,375.93 $342,133.92 3 $1,734.23 12 $249,729.12 COST SAVINGS ACHIEVED Baron $1,579.70 $511,822.80 2 $575.99 27 $186,620.76 COST SAVINGS ACHIEVED Saundra $1,841.37 $861,761.16 3 $1,096.01 39 $512,932.68 COST SAVINGS ACHIEVED Martha $3,146.15 $453,045.60 1 $2,492.95 12 $358,984.80 COST SAVINGS ACHIEVED Jennifer John (reopened) $4,339.02 $2,291,002.56 2 $707.13 44 $373,364.64 COST SAVINGS ACHIEVED $625.48 $135,104.40 0 $0.00 18 $0.00 NO SAVINGS ACHIEVED Thomas $289.75 $62,586.00 1 $21.98 18 $4,747.68 COST SAVINGS ACHIEVED Potential Life Medications Expectancy Savings Changed Realized Monthly Savings Life Expectancy Lifetime Savings Result Michele $956.45 $344,322.00 1 $971.75 30 $349,830.00 COST SAVINGS ACHIEVED Gregory $271.14 $104,117.76 1 $223.15 32 $85,689.60 COST SAVINGS ACHIEVED Christa Mennie $826.16 $1,638.35 $386,642.88 $157,281.60 3 2 $381.53 $551.17 39 8 $178,556.04 $52,912.52 COST SAVINGS ACHIEVED COST SAVINGS ACHIEVED $8,677,497.00 35 $15,671.35 Totals: 20 $28,718.83 $4,221,307.64 26 Realized 16 Not Realized 3 Open 1 20 Success Rate 80% Case Management Prescription Review Services 2020 Case Study Savings Summary Realized 16 Not Realized 3 Open 1 20 Success Rate 80% 27 Copyright 2021 Carlisle Medical, Inc. All Rights Reserved. Questions? 28