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AU News
3/15/2010

TABLE OF CONTENTS

General & Company News

The Phia Group and AMPS Comment on CNN Report On Outrageous Hospital Charges

MasterBrand Cabinets Selects Bravo Wellness to Manage Wellness Initiatives

OptumHealth Acquires Wellness Inc.

New HighRoads Benefit Financial Management Service Offers Self-funded Employers Better Forecast Claims Tool

CHT Releases Version 4.0 of BenefitSpan™ With Integrated HSA, FSA and HRA Consumer Portal and Rich User Experience

MagnaCare Expands Member-Centric Programs and Services Built Through Customer Satisfaction

HCAA's 2010 Executive Forum Achieves Record Attendance

People News

GPA Names J.W. Dewbre as Vice President

PHX Adds Lindsay DeYoung as Vice President of Payor Sales

Total Medical Solutions Expands Sales Team with Frank Fredryk As National Account Manager and Stan Boystov As Regional Account Manager

TriZetto Appoints Jeffrey Rideout, M.D. as Senior Vice President, Care and Cost Management, and Chief Medical Officer

NBGH Honors IBM Executive, Dr. Martín Sepúlveda, with Excellence and Innovation in Value Purchasing Award

URAC Names Dr. Robert Honigberg Chief Medical Officer

Market Trends, Studies, Books & Opinions

Firms With 50 to 500 Employees Turning to Captives

Congress Declares War on HSAs

Legal, Legislative & Regulatory News

SIIA Welcomes Legislation to Modernize Federal Regulation of Risk Retention Groups (RRG)

Stop Loss Provider, United Re Ag, Files for Bankruptcy

Medical News

Many Angiograms Are Not Needed

Resources

Standard Stop-Loss Employer Disclosure Form Endorsed

Upcoming Conferences

Editorial Notes, Disclaimers & Disclosures


General & Company News


The Phia Group and AMPS Comment on CNN Report On Outrageous Hospital Charges

MyHealthGuide Source: AMPS and The Phia Group, 3/9/2010, www.advancedpricing.com and www.phiagroup.com

CNN report: www.cnn.com/video/#/video/health/2010/03/01/cohen.health.care.bills.cnn?hpt=C2

Atlanta, GA -- CNN aired a report by reporter Elizabeth Cohen on inappropriate charges by hospitals for various items used for patient care. Among the examples cited were a single toothbrush billed at $1,000 and a single Tylenol caplet billed for $140. The report details how these are not isolated incidents, but rather part of how hospitals regularly bill patients and insurance companies. Mike Dendy of AMPS and Adam Russo of Phia have responded to this report.

"Egregious charges like those described in the CNN report are much less of an anomaly than most payers think," commented Mike Dendy, President and CEO of Advanced Medical Pricing Solutions. "Our observation is that perhaps the hospital that charged for 41 bags of solution (but only used 1) may be expecting payment in full because the charge was for an in-network service where they had a contract that calls for payment without an external audit," added Adam Russo, CEO and Founder of Phia.

"This and thousands of other examples we have in our data base provide a clear sign that smaller payers that use rental PPO networks need to consider alternatives to the PPO model and move on to other forms of cost containment," continued Dendy. Russo stated that, "Many self-funded employee benefit plans have language in their plan documents that specifically allow for claims to be audited and paid on usual, reasonable, and customary terms, but most PPOs do not allow for this to occur. If these benefit plans follow the terms of the plan document, in many cases an audit of itemized charges will violate the terms of the PPO agreement and  our industry needs to do something about this."

A Wall Street Journal article published on January 30th reported that Hospital Corporation of America (HCA) paid out a $1.75 billion dividend to their investors for 2009 results. The Journal notes the payout to be among the biggest ever.

"For the most part, PPO organizations have moved to the side of the hospitals," commented Dendy. "PPO organizations are using the contracts that they believe smaller payers must have to force undue payments from employer groups who are unaware of what they are paying for. AMPS' reviews of hospital billings often show overcharges to be in the 18-20% range on well over 90% of the bills we audit. With hospital charges equating to approximately 40% of an employer groups costs, hospital overcharges alone account for 8% of an employers' total expense. AMPS' findings are remarkably consistent with the RAC audits being performed on Medicare claims."

About AMPS

Founded in 1995, AMPS now has offices in Atlanta, GA; Chattanooga , TN; and Phoenix, AR. AMPS' reviews have yielded an average cost savings on adjusted hospital claims of 20.55% (over and above PPO discounts). With an average size of claim reviewed of $51,365, this has yielded an average additional dollar reduction of $10,986 per claim. AMPS average success (hit) rate on claims greater than $15,000 reviewed is 90.5%.  Call Jim Delaney, COO, at 678-528-3041 and visit www.advancedpricing.com.

About The Phia Group

The Phia Group, headquartered in Braintree, MA, represents third party administrators, self-insured companies, insurance carriers, reinsurers, and other at-risk entities across the country. The company's services include subrogation, claim reimbursement, overpayment recovery and coordination of benefits. The Phia Group has become one of the fastest growing subrogation companies in the nation. Call 888-986-0080 and visit www.phiagroup.com.

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MasterBrand Cabinets Selects Bravo Wellness to Manage Wellness Initiatives

MyHealthGuide Source: Bravo Wellness, 3/11/2010, www.BravoWell.com

CLEVELAND, OH -- Bravo Wellness, a provider of results-based incentives for wellness, announced that MasterBrand Cabinets, Inc., its 50th customer, selected Bravo Wellness to implement its wellness initiatives for its 5,700 US employees.

"Traditional wellness programs just do not work because they are not tied to results," states Robert Jacobs, Executive Vice President of Human Resources at MasterBrand Cabinets. "Results from other wellness initiatives that Bravo has done cannot be ignored, and results- based wellness programs like Bravo's need to be a critical component of a national health strategy."

"We routinely see over 97% of those eligible participate in the wellness assessment," says Jim Pshock, Founder and President of Bravo Wellness. "Bravo's plans are typically designed to incent participants who choose healthy lifestyle behaviors and increase costs for those who do not. Accommodations are made for individuals with medical issues that might make a typical healthy lifestyle goal unreasonable. Tying employee costs to their healthy choices is a real motivator and actually works."

MasterBrand Cabinets represents the 50th company to select Bravo Wellness to manage its results-based wellness initiative since its inception in 2008. Bravo Wellness' compliance expertise and state-of-the-art technology enables organizations to find all of the support they need to move beyond wellness participation goals to outcome based programs, whether incentives or penalties are employed. Most of Bravo's clients have experienced a 97%  participation and significant return on investment in the first year. Bravo Wellness provides consulting, administrative support for the appeal/reasonable alternative process and custom programming to convert results into a payroll or eligibility file. If needed, Bravo Wellness can also arrange biometric screenings, health risk assessments and health coaching through strategic partners.

About Bravo Wellness

Bravo Wellness offers services to employers and business partners desiring results-based incentives for wellness. Customers experience immediate cost savings by linking employee incentives to participation and results. Bravo Wellness recognized the potential legal challenges of health insurance law, including HIPAA non-discrimination regulations, and has unique expertise in the practical application of wellness regulations for group health plans. Bravo Wellness is headquartered in Avon, Ohio. Contact Jim Pshock at (440) 934-2090, jimpshock@bravowell.com and visit www.BravoWell.com

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OptumHealth Acquires Wellness Inc.

MyHealthGuide Source: TripleTree, 3/10/2010, www.triple-tree.com

Minneapolis, MN -- TripleTree is pleased to announce that its client, Wellness Inc., a leading worksite wellness company that provides health services through more than 1,000 employers nationwide, was acquired by OptumHealth, a UnitedHealth Group (NYSE: UNH) company. OptumHealth will expand its wellness programs to include Wellness Inc.'s innovative solutions, including worksite-based biometric screenings that help to identify risk factors and detect disease in early stages. 

TripleTree, LLC acted as the exclusive financial advisor to Wellness, Inc. 

With Wellness Inc., OptumHealth broadens its support for those employers who want more comprehensive and convenient ways to help employees proactively manage their health. Wellness Inc. brings to OptumHealth its biometric screenings -- utilizing a blood panel of 36  medical tests to detect disease --seasonal and H1N1 flu vaccination services and interactive health assessments delivered on-site, which helps to identify lifestyle-related health risks. In addition, Wellness Inc. provides employers with a comprehensive view of the health of their population over time and individual participants with detailed and confidential personal health information. 

"For 24 years, our mission has been to engage and educate individuals on their current health status, while providing customized roadmaps for achieving a healthier lifestyle in the future," said Gary Fine, CEO of Wellness Inc. "The complement of solutions and services between OptumHealth and Wellness Inc. will give our customers and their employees best-in-class options for creating a culture of health within their organizations." 

Peter Erickson, Managing Director at TripleTree said, "Wellness Inc.'s unique ability to offer comprehensive laboratory screenings on a national basis is a clear value driver to employers seeking to understand the health of all of its health plan members. This front-end biometric and health assessment data is critical to plan, optimize, and evaluate the performance of other population health management initiatives sponsored by employers. With this acquisition, OptumHealth has added best-of-breed screening services that will be integrated with its comprehensive offering of health management programs."

"TripleTree was an invaluable advisor that guided Wellness Inc. and was deeply involved in every step leading up this important event for our company," said Gary Fine. "As the sole owner of the business in my first sale process, I was very concerned about exposing confidential information to potential acquirers."

About TripleTree

TripleTree provides mid-market healthcare and technology businesses and their financial sponsors with specialized investment banking support, including merger and acquisition advisory, private capital, and principal investing services.  Call (952) 253-5300 and visit www.triple-tree.com.

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New HighRoads Benefit Financial Management Service Offers Self-funded Employers Better Forecast Claims Tool

MyHealthGuide Source: HighRoads, 3/11/2010, www.HighRoads.com

BOSTON -- Human capital costs -- health benefits claims included -- are of enormous significance to a company's financial health, but until now there was no efficient, cost effective way for self-funded companies to analyze and predict claims costs. HighRoads, an industry leader in employer health care database and benefits management, today launches the solution: the HighRoads Benefit Financial Management Service delivered through HighRoads Health and Welfare Consulting Group.

"Enterprises are working under very tight operating budgets these days. HighRoads is enabling companies to more accurately allocate for anticipated costs"

.The HighRoads Benefit Financial Management Service gives both finance and benefit managers a means of more accurately looking at past claims performance, and most importantly, better predicting claims risk for the fiscal year ahead. "HighRoads has developed a claims risk modeling tool for a process that used to cost large companies hundreds of thousands of dollars. Through technology and design, we can offer an application that scales according to size of the company and needs, and an unprecedented level of customization in the data reports. The modeling tool is also an affordable option for smaller companies who need to track and measure program finances," says Josh Miley, Principal, HighRoads Health and Welfare Consulting Group.

"HighRoads Benefit Financial Management Service provides monthly financial management, analysis, consulting and prospective budgeting and rate setting for the same or less than enterprises are paying for limited rate setting services," says Miley. "Employers with self-funded benefits, regardless of size, find significant value in this tool through the insights and predictability in claims cost it can generate."

The new HighRoads service helps employers manage their human capital costs by providing a year-to-year analysis of claims costs, showing how much they expected to pay and how much they actually paid. "Enterprises are working under very tight operating budgets these days. HighRoads is enabling companies to more accurately allocate for anticipated costs," says Miley.

Financial Management Service Features

HighRoads Service delivers data reports via FTP (File Transfer Protocol) and is a desktop application. The reports can be customized on a month to month, year to year or by P&L profit and loss centers, divisions or other levels of organization in an enterprise. This is particularly valuable since it will enable finance managers to charge back claims costs to the proper division.

In addition to claims costs, the HighRoads Benefit Financial Management Service can include salary and other benefits so finance and human resource managers can have a more complete view of human capital costs.

Managers can:

  • Audit plan performance, vendors, and enrollment results
  • Analyze self-funded claims by program, ASO fees, HSA/HRA account information, stop-loss reimbursement, Rx rebates and the like
  • Report plan performance to various management groups
  • Allocate plan costs by various organizational groups
  • Efficiently and accurately project budgets using audited data
  • Identify emerging trends

Employers gain real-time insights into program finances and, if desired, can receive summary level reports with commentary from HighRoads Health and Welfare Consulting Group. The reports can put the data into further context, identifying demographic and claims drivers, budget expectations, claims cost trends, and spotting any cost anomalies and recommending future strategy.

About HighRoads

The world's largest employers choose HighRoads to gain complete control over their health care costs and compliance. With HighRoads' service, employers -- for the first time -- have online access to benefits plan information and pricing, competitive benefits benchmarks, and complete benefits supply chain management. The privately-held company is headquartered in Woburn, Mass. Visit www.HighRoads.com.

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CHT Releases Version 4.0 of BenefitSpan™ With Integrated HSA, FSA and HRA Consumer Portal and Rich User Experience

MyHealthGuide Source: Consumer Health Technologies, Inc. (CHT), 3/9/2010, www.consumerhealthtech.com

Ft. Lauderdale, FL -- Consumer Health Technologies, Inc. (CHT), the Consumer Directed Healthcare (CDHC) software company that provides total benefits administration and service aggregation solutions to administrators, payers, and financial institutions has released version 4.0 of its award-winning BenefitSpan™ platform featuring an integrated account access portal and a streamlined user experience for all CDHC accounts and services.

BenefitSpan 4.0 is a totally private label CDHC administration platform for one point of packaging, pricing and administration of all accounts (HSA, HRA, FSA, Transit and others), consumer education, enrollment, billing, debit cards, trusts, investments, wellness, advocacy, telemedicine and other consumer centric health benefit services. The rich consumer portal engages the consumer in multiple ways, provides integrated access to all their accounts in one place and gives them choices and control over their healthcare decisions, costs and fund utilization.

"We took improving consumer adoption and generating revenue for our clients to heart and developed an end user experience that raises the bar in terms of functionality, ease of use and consumer engagement. The latest release of BenefitSpan 4.0 truly represents a best in class offering -- BenefitSpan empowers consumers to actively manage their healthcare expenses while creating tremendous revenue opportunity for our clients." said Rob Rydell, Vice-President of Product Management at CHT.

BenefitSpan version 4.0 delivers improved user ergonomics, configurable views, utilization metrics and savings opportunities. The system also allows consumers to compare their own behavior with peer groups and industry trends. Consumer education is also enhanced with premier user content and a healthcare learning center. BenefitSpan 4.0 also brings single point of access to all balances (HSA, FSA, HRA and transit), claims submission, transaction history, online reimbursements and more.

"This release represents the first step in assimilating the PowerPlus capabilities into BenefitSpan. We recognize the strength and versatility of the PowerPlus system and see this integration as a perfect union of best in class platforms. BenefitSpan's architecture and open interfaces enable CHT to deliver a rich user interface not just for PowerPlus clients but also for most HRA/FSA platforms in the market", said Pradeep Goel, CEO of CHT.

Edward Odjaghian, CHT's Chief Operating Officer, added, "In developing BenefitSpan 4.0, we applied lessons and best practices from other consumer-centric industries such as online banking, investment brokerages and e-commerce. These self-service capabilities until now have been unavailable to healthcare consumers. CHT invested heavily in the critical areas of usability including highly graphical data representation, configurable views and rich, interactive content delivery to the consumer."

About Consumer Health Technologies, Inc.

Consumer Health Technologies, Inc. enables third-party administrators (TPA), banks and payers to rapidly assemble, price, deliver and administer consumer-centric health benefit accounts and services via BenefitSpan™, the total CDHC service platform. BenefitSpan™ supports rapid integration and delivery of healthcare transactions, financial services and a wide array of supporting services such as HealthMall cash back reward program, wellness programs, telemedicine, healthcare advocacy and much more. These services can be assembled, personalized and delivered in a targeted fashion to meet the needs of the individual and group clients for benefit accounts, consumer health services delivery and administrative solutions. 

Payers and administrators can also manage the consumer and provider revenue cycles with CHT's BillSpan™ product, a total payment administration and revenue cycle management solution that delivers comprehensive healthcare payments and revenue management capabilities. Contact Kelly Gregorakis, Director of Marketing, at 954-315-0902, Kelly.Gregorakis@consumerhealthtech.com and visit www.consumerhealthtech.com.

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MagnaCare Expands Member-Centric Programs and Services Built Through Customer Satisfaction

MyHealthGuide Source:  MagnaCare, 3/9/2010, www.magnacare.com

NEW YORK, NY -- MagnaCare, a health plan services company with national reach, announces plans to build on its stable customer base and dominant position in the fiercely competitive NY/NJ/CT region to expand into the broader health care services market. Pointing to innovative differentiators fueling continued growth and expanded market share, MagnaCare cites its ability to provide exemplary customer service and offer deep discounts to Taft-Hartley funds, self-insured companies, commercial insurers for health, workers' compensation, or no fault, Third Party Administrators (TPAs), and government entities.

"With 20 years of vigorous organic growth, MagnaCare serves a diverse customer base and maintains long-standing relationships, with our top 20 customers averaging nearly 10+ years," says Joseph Berardo, Jr., president and CEO of MagnaCare. "We've demonstrated high retention rates -- averaging 95% historically, positive pricing trends, and historical investments in infrastructure support. This stellar market position is reflected in a solid financial profile with overall compound annual growth rate (CAGR) of over 12%.

EvaluaideSM Predictive Modeling

EvaluaideSM product, a sophisticated program that offers the best in predictive modeling combined with individualized coaching and outreach.

"We empower our clients with state-of-the-art health analysis technology that confidentially assesses the health risks of every member and their dependents," adds Berardo. "When risks are identified, EvaluaideSM coordinates unlimited one-on-one guidance to the individuals that need it the most. These analytics enable clients to identify gaps in care, and then implement coaching, wellness and health improvement initiatives at the individual level. This type of product is typically not available from our competitors."

MagnaCareRx Pharmacy Benefit Manager (PBM)

Additionally, MagnaCareRx, the company's Pharmacy Benefit Manager (PBM), effectively addresses the pharmaceutical spend with a transparent business model that meets the fiscal needs of employers and payers.

"At a time when few health plans are growing, MagnaCare presents unique, highly sophisticated offerings that have enabled us to capture significant market share in the northeast -- a platform that allows for powerful national expansion," adds Berardo. "We offer a compelling value proposition that is based upon delivering value to customers, payers, and providers."

He explains that the scope of the MagnaCare provider network and its proprietary medical delivery system are analogous to competitive offerings, although others -- including group health plans -- cannot match the Company's economic model or exemplary client service that is supported by an accessible, local management team.

Berardo adds, "MagnaCare is an attractive model, evidenced in the last three years by the 5.5% CAGR of our provider network, as well as a 7.3% CAGR for our large and growing membership base. We are clearly outdistancing the competition with low-cost service, a local, dedicated approach to customer service, a tradition of value and flexibility in administering complex or simple health products. Looking ahead, we also anticipate rapid expansion."

The MagnaCare leadership team has identified numerous opportunities that could immediately enhance its product offerings, and have laid the groundwork for both geographic and product expansion. We are tracking ongoing growth in our core network access and plan administration businesses, with plans to expand complementary offerings in dental, vision, mental health and as a business process outsource provider (BPO) to other payers and TPAs."

About MagnaCare

MagnaCare is a health plan services company that touches millions of lives nationwide. For over 20 years, MagnaCare has provided solutions to Taft-Hartley funds, self insured companies, commercial insurers such as health, workers compensation, or no fault, TPA's, and government entities. Whether it's access to a broad provider network, predictive modeling analyses, member outreach programs or an integrated solution that includes full plan management services including claims adjudication, eligibility management, client/customer service, MagnaCare understands its customers' needs and develops cost effective, comprehensive solutions. Visit www.magnacare.com and www.facebook.com/magnacare.

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HCAA's 2010 Executive Forum Achieves Record Attendance

MyHealthGuide Source: The Health Care Administrators Association (HCAA) , 3/8/2010, www.HCAA.org

Minneapolis, MN -- Over 270 leaders from the self funded health insurance industry attended the Health Care Administrators Association's (HCAA) Executive Forum at Encore at Wynn Las Vegas on February 9 -- 11, 2010.

The conference, "Effective Leadership in a Time of Change," focused on navigating the turbulent economy and ensuring a company's viability in unpredictable times. Attendees heard from numerous speakers including Dr. JP Pawliw-Fry, keynote speaker on Wednesday, February 10 and Rich Horwath, keynote speaker on Thursday, February 11. Presentations shared information on leveraging business diversification, aligning products and services with reform initiatives and employing other strategies which will position attendees companies in a position to capitalize on opportunities to change. 

HCAA welcomed MyHealthGuide, LCC and Care Here, LLC President, Ernie Clevenger as conference facilitator. Clevenger shared his knowledge of industry trends and various reform initiatives, along with his professional insights. 

Attendance at the 2010 Executive Forum marks the largest conference for HCAA to date.

"HCAA celebrates 30 years as an association this year [2010]. Having our largest conference yet is a great way to being the celebration," said Executive Director, Jaime Nolan, CAE. "Attendance at our conferences continues to grow each year. We're looking forward to breaking another attendance record at TPA University in July," continues Nolan.

TPA University is July 21 -- 23 at the Westin Tabor Center in Denver, Colorado. More details are available on the HCAA Web site at www.hcaa.org.

About HCAA

The Health Care Administrators Association (HCAA) is a nonprofit trade association comprised of third party administrators (TPAs), insurance carriers, managing general underwriters, audit firms, physician hospital organizations, brokers/agents, human resource managers and health care consultants. Visit www.hcaa.org.

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People News



GPA Names J.W. Dewbre as Vice President

MyHealthGuide Source: Group & Pension Administrators, Inc., (GPA), 2/24/2010, www.gpatpa.com

Dallas, TX -- Group & Pension Administrators, Inc., (GPA) one of the largest third-party benefit administrators in the Southwestern United States, today announced that its General Counsel, J.W. Dewbre, has been named Vice President. In his new role, Mr. Dewbre will help drive the strategic direction of GPA while continuing to oversee the legal affairs of the company. He has been chief counsel at GPA since August 2007.

"With his unique blend of legal and healthcare experience, J.W. Dewbre has improved our legal service delivery and added invaluable thought leadership to our team, said Kathy Enochs, GPA COO. "He has done an exceptional job at GPA and our organization and clients  benefit from his leadership in our industry."

With extensive experience in corporate law and the healthcare industry, Mr. Dewbre has served in a critical corporate counsel capacity at leading companies including the American Heart Association, American General Corporation, USLIFE Corporation and the Republic National Life Insurance Company. Mr. Dewbre is an experienced lawyer, being admitted to practice in all State Courts in Texas, U.S. Tax Court, U.S. District Court for the Northern District of Texas, Fifth Circuit Court of Appeals and the United States Supreme Court. He has served as Chairman of the Legislative Committee Texas Association of Life and Health Insurers and the Reinsurance Subcommittee International Law Section American Bar Association and was elected President of the Corporate Counsel Section State Bar of Texas. He is published in numerous legal publications. Notable features include pieces on "Agency Law Manual" for the American Council of Life Insurers, "Computer Security" for the North Texas Association of Insurance Counsel and "Confidentiality and Non-Disclosure Agreements" for the American Heart Association. Mr. Dewbre holds a J.D. (LL.B) from Southern Methodist University in Dallas and a BS from Texas A&M.

About Group & Pension Administrators, Inc.

Group & Pension Administrators, Inc. (GPA) is the largest independently owned third-party administrator (TPA) in the Southwest, providing highest-quality and custom healthcare benefit management solutions to self-insured employers. For 42 years, GPA has combined its value of service excellence with a commitment to clients, employing industry-leading technology, tools and -- above all -- "high-touch" patient care to deliver the healthiest employees and the "healthiest" bottom line. GPA clients, including The Container Store and The SCOOTER Store who were named to FORTUNE magazine's list of "100 Best Companies to Work For," are recognized for being discerning employers that demand the highest quality benefits at the best price for their employees. Visit www.gpatpa.com.

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PHX Adds Lindsay DeYoung as Vice President of Payor Sales

MyHealthGuide Source: PHX, 3/8/2010, www.phx-online.com

Bedminster, NJ -- PHX, a leader in healthcare cost management, is pleased to welcome Lindsay DeYoung as Vice President of Payor Sales.

Lindsay comes to PHX as an accomplished sales executive, with over 20 years of experience. Her addition to the team contributes to PHX's growing presence in the Midwest, where she has a strong track record of increased sales and identifying new business opportunities.

As Vice President of Payor Sales, Lindsay will contribute to growing PHX's presence in the Midwest and nationwide. She will be responsible for generating new prospects and increasing sales revenue. Lindsay will continue to establish and maintain relationships with existing and potential customers.

"We are excited to continue to expand our sales force with the addition of Lindsay, an accomplished figure in the healthcare cost management industry. Her familiarity, expertise, and proven successful track record make her a tremendous asset to PHX," said Robert C. Malone, President & CEO of PHX. "Our sales representatives help turn opportunities into successful realities, and Lindsay is a great addition to a great team. I am pleased to welcome her on board."

"I am thrilled to be working with a company that is recognized and respected not only for the solutions it provides, but also for the high quality of its staff and the standards PHX has established for providing excellent customer service," said Lindsay DeYoung. "I look forward to combining PHX's solutions and services with my knowledge to increase PHX's presence in the market."

About PHX

PHX delivers advanced cost management solutions for health plans. The company combines claim processing automation with professional services to deliver a centralized approach to cost management, increasing savings in both the near and long term while dramatically reducing errors and turnaround time. The firm's solutions are used by a number of the industry's leading insurance companies, Health Maintenance Organizations (HMOs), and Third Party Administrators (TPAs). PHX services include claims editing, clinical bill review and audit, proprietary and secondary network repricing, fee negotiations, fraud and abuse detection, and health benefits trend analysis and reporting. All services are handled in-house for maximum privacy and legal and regulatory compliance. PHX also supplies full technology implementation, training and support for quick, seamless integration into any organization. Visit www.phx-online.com.

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Total Medical Solutions Expands Sales Team with Frank Fredryk As National Account Manager and Stan Boystov As Regional Account Manager

MyHealthGuide Source: Total Medical Solutions, 3/5/2010, www.newtms.com

ORLANDO, FL -- Total Medical Solutions (TMS) has promoted Frank Fredryk to national account manager and appointed Stan Boystov to regional account manager.

Frank J. Fredryk, National Account Manager

In the newly created National Account Manager position, Fredryk is responsible for the development of national clients and overseeing some members of the regional account management team. Fredryk joined TMS in 2006 as a regional account manager and was promoted to territory manager in 2007. In addition to his managerial responsibilities, Fredryk continues to work with referral sources to ensure TMS' quality of services and introduce new products and services as well as representing TMS at workers' compensation conferences and trade shows.

Stan Boystov, Regional Account Manager

Boystov brings more than six years of workers' compensation customer service and sales experience to his new role, where he works closely with TMS' Florida clients. Boystov has marketed and supported such products and services as durable medical equipment, transportation and translation services and diagnostic services. Most recently, he served as an account manager for DiATri, LLC.

About Total Medical Solutions

Total Medical Solutions (TMS) is a leading complex care products and services company specializing in workers' compensation. TMS services improve the quality of care for injured workers while containing costs for carriers. The company coordinates home health care and catastrophic care services, home infusion therapy, custom mobility, home modifications, assistive technology and durable medical equipment and supplies. TMS services are available nationwide. Founded in 1994, the company is headquartered in Orlando, Fla. Call 800-700-9393 and visit www.newtms.com.

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TriZetto Appoints Jeffrey Rideout, M.D. as Senior Vice President, Care and Cost Management, and Chief Medical Officer

MyHealthGuide Source: The TriZetto Group, Inc., 3/10/2010, www.TriZetto.com

NEWPORT BEACH, CA -- The TriZetto Group, Inc. announced the appointment of Jeffrey Rideout, M.D., as senior vice president, care and cost management and as chief medical officer. Dr. Rideout will lead the systematic expansion of TriZetto's cost and quality of care solutions sets, including value-based benefits, value-based reimbursement and pharmacy utilization management, to help the company's payer customers drive greater value in care for members and providers.

"Only rarely is an organization both positioned and committed to driving meaningful change in healthcare"

.A 15-year veteran of the healthcare industry, Rideout offers TriZetto extensive experience in care and disease management, in healthcare I.T. and in managing healthcare-focused strategic investments. "Only rarely is an organization both positioned and committed to driving meaningful change in healthcare," said Rideout. "TriZetto's Integrated Healthcare Management vision encompasses three areas for payers -- administrative costs, supply-driven costs and demand-driven costs. TriZetto has become well recognized as having the leading administrative solutions that increase efficiency for payers and their employer customers and members. Our new Systematic Health Management effort focuses on the supply and demand drivers to address clinical cost and quality challenges that primarily manifest themselves in unwarranted variations in care, which create significant waste."

Rideout supplies a unique blend of experience to this important position. As former chief medical officer for Blue Shield of California and Cisco Systems, and as the head of quality management for Blue Cross of California/WellPoint and UCSF Stanford Healthcare, Rideout brings broad perspective on how to systematically optimize the coordination of care for consumers in cooperation with their healthcare providers and payers. Dr. Rideout's additional experience in strategic investments, partnerships, early-stage companies and consulting includes work with RelayHealth (now a part of McKesson), Resolution Health (now a part of WellPoint), Certify Data Systems, the HealthVest Fund, Tenet Ventures, APM, and Booz, Allen and Hamilton.

Rideout holds an M.D. from the Harvard Medical School, an M.A. in philosophy, politics and economics from Oxford University, a B.S. in biology from Stanford University and is a former Rhodes Scholar. He is a faculty member at the UC Berkeley Haas School of Business where he teaches a course on healthcare innovation, Stanford University and University of California, San Francisco. Rideout is a fellow of the American College of Physicians and board-certified by the American Board of Internal Medicine. He also serves on the board of directors of Medical Teams International, an international medical relief organization that commissions more than 150 volunteer teams a year for global disaster relief and health improvement.

About TriZetto

Founded in 1997, TriZetto is a leading privately held healthcare information technology company to the healthcare payer industry. With its technology touching half of the U.S. insured population, TriZetto is Powering Integrated Healthcare Management®, the systematic application of processes and shared information to optimize the coordination of benefits and care for the healthcare consumer. The company's offerings include enterprise and component software, hosting, outsourcing services and consulting that help payers implement and optimize their operations and minimize the risk of bringing to market new products that drive competitive differentiation.   Visit www.TriZetto.com.

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NBGH Honors IBM Executive, Dr. Martín Sepúlveda, with Excellence and Innovation in Value Purchasing Award

MyHealthGuide Source: The National Business Group on Health (NBGH), 3/11/2010, www.businessgrouphealth.org

Washington, DC -- The National Business Group on Health, a non-profit group of more than 280 large U.S. employers, today awarded its 8th Annual Award for Excellence and Innovation in Value Purchasing to Martín Sepúlveda, MD, FACP, IBM Fellow and Vice President of Integrated Health Services. The award, which recognizes Dr. Sepúlveda for his leadership and commitment to employee health, productivity and overall well-being, was presented at the Business Group's annual Health Agenda Conference held in Washington, DC.

"Dr. Sepúlveda is truly one of the nations' great innovators and visionaries in corporate health, productivity and employee benefits, as well as a national leader in the promotion of primary care and patient safety," said Pamela Hymel, MD, MPH, FACOEM, Senior Director, Integrated Health, Corporate Medical Director, Cisco Systems, Inc., who serves on the Business Group Board of Directors' Award Committee. "At IBM, Dr. Sepúlveda has built upon the company's proud heritage of excellence and long history of leadership and commitment to employee health, well-being and workplace safety and has carried it to new heights. We are delighted to honor him with our highest award."

Dr. Sepúlveda recently became the first physician to be named an IBM Fellow, the company's highest technical achievement. As vice president of IBM's Integrated Health Services organization, he is responsible for implementing employee well-being programs for IBM employees around the world. Under his leadership, IBM has developed and implemented award-winning health and lifestyle improvement programs for employees and families. Additionally, IBM has developed the most creative program for promoting young dependents' health as well as tackling adolescent obesity. Dr. Sepúlveda was also instrumental in the development of a "total health management" framework that has since become a national model for other employers around the globe.

"Dr. Sepúlveda has contributed very substantially to new thinking about employee health, productivity, vitality and human capital," said Helen Darling, President of the National Business Group on Health. "Throughout his career, he has developed new policies and established programs that have redefined what is important when companies are trying desperately to control costs, improve the quality of life and get the highest return on investments in human capital. We congratulate him on receiving this prestigious award."

About the Award for Excellence and Innovation in Value Purchasing

The Business Group annually awards individuals, organizations or programs that encourage the efficient use of health care resources in addition to improving quality and affordability; encourage excellent practices that are started by or involve large employers; or have a proven track record of increasing value in health care through superior purchasing practices or have developed approaches, methodologies and tools that enable outstanding health benefit management practices.

About the National Business Group on Health

The National Business Group on Health is the nation's only non-profit, membership organization of large employers devoted exclusively to finding innovative and forward-thinking solutions to their most important health care and related benefits issues. The Business Group identifies and shares best practices in health benefits, disability, health and productivity, related paid time off and work/life balance issues. Business Group members provide health coverage for more than 50 million U.S. workers, retirees and their families. Visit www.businessgrouphealth.org.

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URAC Names Dr. Robert Honigberg Chief Medical Officer

MyHealthGuide Source: URAC, 3/08/2010, www.URAC.org

Washington, DC -- URAC, the nation's leading health care accreditation and education organization, announced the appointment of Robert M. Honigberg, M.D., M.B.A, as Chief Medical Officer. In his role, Dr. Honigberg will advise on quality measurement and clinical effectiveness research and will lead global wellness and health promotion initiatives for URAC.

"We are pleased to have Robert as part of the URAC team. His in-depth knowledge of pharmaceutical research, medical technology, patient safety and medical communication will be invaluable as URAC continues to innovate and expand in the rapidly changing health care environment," said Alan P. Spielman, president and CEO of URAC. "We have a long history of leveraging the best minds in the industry through our many accreditation committees and partnerships. It is exciting to have Robert continue that tradition for URAC."

Reinforcing URAC's commitment to continuous improvement in the quality and efficiency of health care management, Dr. Honigberg will also provide strategic direction for the organization's research and measurement initiatives. This includes the new performance measures for URAC's Mail Service and Specialty Pharmacy accreditation programs, which will be released later this year.

Dr. Honigberg brings more than 18 years of experience in global medical affairs, technology innovation, clinical and medical economic trials, and health policy. He currently serves as Chief Medical Advisor for several biotechnology companies as the principal of MS&T Consulting.

"I am thrilled to bring my experience in patient safety and medical risk assessment process to URAC to further the goal of consumer protection and empowerment," said Dr. Honigberg. "Having led medical affairs for large companies, I know the value of measurable quality and clear benchmarks for success. Today's health care environment needs the transparency and accountability that URAC accreditation brings."

Dr. Honigberg was the Chief Medical Officer of Global Medical Affairs and Clinical Strategy at GE Healthcare. He was also the Vice President of Worldwide Medical Affairs and Chief Medical Officer for Ethicon Endo-Surgery, a Johnson & Johnson Company. In addition, Dr. Honigberg was Director of Clinical Affairs at Ortho Biotech, a Johnson & Johnson Company, and managed new business and product development for Schering-Plough's Oncology/Biotech business unit.

Currently, Dr. Honigberg serves on the Board of Directors for the Center for International Health and is also a founding member of the Steering Committee for the Aspen Health Stewardship Project at the Aspen Institute in Washington, D. C.

Dr. Honigberg conducted his internship and residency at the Albert Einstein College of Medicine. He earned a B.A. in Economics from Duke University, an M.D. from the Feinberg School of Medicine and an M.B.A. from the Kellogg School of Management at Northwestern University.

About URAC

URAC, an independent, nonprofit organization, is well-known as a leader in promoting health care quality through its accreditation, education and measurement programs. URAC offers a wide range of quality benchmarking programs and services that keep pace with the rapid changes in the health care system, and provide a symbol of excellence for organizations to validate their commitment to quality and accountability. Through its broad-based governance structure and an inclusive standards development process, URAC ensures that all stakeholders are represented in establishing meaningful quality measures for the entire health care industry.  Visit www.urac.org.

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Market Trends, Studies, Books & Opinions


Firms With 50 to 500 Employees Turning to Captives

MyHealthGuide Source: Jerry Geisel, 3/7/2010, www.BusinessInsurance.com

Article referred by John H. Eggertsen, (734) 794-7100, Eggertsen Consulting, P.C.

Utilized for decades by larger employers to cover their property/casualty exposures, small and midsize employers are turning to captives to fund a portion of their health care benefit risks.

"This is the newest frontier," said George O'Donnell, a senior vp with Aon Consulting in Somerset, N.J. "The potential here is huge," said Dick Goff, a managing member with captive manager Taft Cos. L.L.C. in Towson, Md.

Smaller employers' health care benefits captive funding is taking a variety of directions. In some cases, small employers, with the help of third-party claims administrators or benefit consultants, are joining forces to set up their own captives or using a cell in an established captive to cover risk above a self-insured retention.

In other cases, small- and medium-size employers--typically defined as firms with between 50  and 500 employees--are securing coverage in captives owned by TPAs or trade associations to which they belong.

"A variety of models are being used," said Karin Landry, a managing principal with Spring Consulting L.L.C. in Boston.

Regardless of the approach, small employers banding together to fund health care benefits risks are so doing with the singular purpose of saving money.

By boosting retentions and pooling risks in captives with other employers--who typically agree to put in wellness, disease management and other programs to lower claims costs--small employers hope to keep increases in health insurance costs more in check.

"Captives can be an excellent solution" to slow increases in costs, Ms. Landry said.

In addition, by pooling their risks in a captive program, participating small employers can hold on to profits--if premiums they pay exceed claims and other costs--rather than surrendering profits to a commercial insurer, as would be the case in a fully insured program.

"We can save employers money by eliminating carrier profits," said Gary Becker, president of Becker Benefit Group Inc. an Owings Mills, Md.-based insurance agency and consultant that  works with small and midsize employers on group health care captive approaches.

Some of the programs are relatively new. For example, Avizent Alternative Risk, a unit of Avizent, a Columbus, Ohio-based TPA and risk management service provider, launched a program last month that provides coverage above a minimum $25,000 self-insured retention to employers with at least 50 employees.

Coverage is offered through a cell that is part of a Bermuda captive, Atlantic Gateway International Ltd., which Avizent owns.

By year-end, "we'd like to have 1,000 lives covered through the program," said Rick Stasi, chief operating officer for Avizent Alternative Risk in Lexington, Ky.

Other programs are expanding. For example, Vermont-domiciled SystemsPlus Mutual Insurance Co. was launched last year as an association captive to provide coverage to the small-business membership base of the Cedar Rapids, Iowa-based National Systems  Contactors Assn.

Then in January, the captive was redesigned into a sponsored segregated cell captive. In that arrangement, other trade organizations and industry groups can utilize cells to provide coverage to participating members, said Tim Johnson, CEO of Benefit Captive Re in Norwalk, Iowa, which is the captive's program manager. The newest cell participants are members of the Oak Brook, Ill.-based Associated Equipment Distributors Inc.

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Congress Declares War on HSAs

MyHealthGuide Source:  Ronald E. Bachman, FSA, MAAA, is President and CEO, Healthcare Visions, Inc. and a senior fellow with the National Center for Policy Analysis, 3/5/2010, NCPA Article

While Congress has been debating health reform, employers have been creating new consumer-driven health care (CDHC) plans. In fact, CDHC plans are the only type of health insurance that has been shown to reliably change patient and doctor behavior in ways that lower costs and improve the quality of care.

More than half of employers now offer consumer-driven options, including Health Savings Accounts (HSAs) or Health Reimbursement Arrangements (HRAs). In 2010, nearly 18 million people will be enrolled.

Federal legislation can stop progress in its tracks, however. 

For example, the health care bill passed by the Senate (December 24, 2009) does not directly outlaw HSA-eligible plans, but it restricts HSA options in insidious ways that will delay, deny, defeat and ultimately kill them.

The Senate Bill Favors Premiums Over Savings.

HSA health plans are insurance plans that allow an individual and/or his employer to deposit funds into a special savings account. The funds are not subject to the income tax if withdrawals are used to pay out-of-pocket medical expenses. Right now, HSA plans are the only form of health insurance under which an individual's out-of-pocket exposure is limited by law. Currently, the limits are $5,950 for individuals and $11,900 for families. A plan could have lower deductibles and require patient copays up the total limit, or it could have deductibles as high as $5,950/$11,900 so long as the plan pays all costs above those amounts.

However, the Senate bill limits the deductible for small group plans to $2,000 for singles and $4,000 for families - roughly one-third the level allowed under current HSA law - with copays above the deductible. Many people would choose a $5,950 deducible over a $2,000 deductible and place the premium savings in an HSA. But this is a choice the Senate bill would deny them.

The Senate Bill Ignores Cost Reductions from HSA Plans.

By empowering individuals, emphasizing personal responsibility, and encouraging more effective use of health care services, consumer-driven health plans have been shown to lower overall health costs more than managed care plans, such as Preferred Provider Organizations (PPOs). According to an American Academy of Actuaries study: "The total savings generated could be as much as 12% to 20% in the first year. After the first year, studies indicate trend rates lower than traditional PPO plans by approximately 3% to 5%." Yet, Congress has ignored the data and is set to limit the ability of the private sector to take advantage of these proven cost-control options.

The Excise Tax on Health Insurance Limits the Potential of HSAs.

Under the Senate proposal, a 40% excise tax would apply to any health plan premiums exceeding $8,500 per individual. An individual who put the maximum $3,050 into an HSA would have only $5,450 to purchase medical insurance, dental coverage, vision and all other federally-mandated health benefits. For individuals age 55 years or more, the maximum HSA deposit is currently $4,050. That leaves only $4,450 for health premiums before a 40% excise tax would apply.

An arbitrary, one-size-fits-all cap on tax-advantaged health costs will limit consumer options for HSAs.

Regulations Will Stifle HSAs.

The Senate bill lists broad categories of health care without any specifics on treatments covered or financial limits that may apply. It says that the Secretary of Health and Human Services (HHS) "shall define the essential health benefits" that all individuals will be required to obtain and ensure that the coverage is "equal to the benefits provided under a typical employer plan." Since new HSA plan designs and concepts are by definition not "typical," new-generation HSAs will likely be restricted. An approach that allows only a narrow range of "typical" products will stifle creative solutions.

Regulatory Powers Could Make HSAs Illegal.

Many in Congress oppose HSA plans and consider them "under-insurance." They believe, contrary to evidence, that HSAs are only for the young, healthy and wealthy. With broad powers, the Secretary could easily outlaw HSA plans by defining essential health benefits to include coverage that would violate HSA eligibility under federal law.

For example, the Senate bill would allow those under 30 years of age to purchase a special low-cost, individual catastrophic plan. But section 1302(e) of the bill requires the catastrophic plan to cover a minimum of three primary care visits. This requirement would disqualify the plan from HSA eligibility. All HSA plans could be killed by including such requirements.

Restrictions on Purchasing Over-the-Counter Drugs.

The Senate bill would not allow HSA funds to be used to purchase most over-the-counter (OTC) drugs. This will greatly hamper the incentive HSAs give people to control drug costs. For example, as a prescription drug, Claritin costs about $2.50 a day. The OTC price immediately dropped to $1 a day and it is now about 50 cents. By prescription, the heartburn drug Prilosec costs about $4 a day. It is now available OTC for as little as 50 cents a day. Obviously, it makes no sense to prohibit patients from making these kinds of lower-cost choices.

Other Restrictions on the Use of HSAs.

The Senate bill would increase the penalty for disallowed HSA withdrawals from 10% to 20%. Other restrictions may also be included in the final bill. For example, one proposal would require expensive third-party adjudication of HSA withdrawals to "prove" the expenditures were for medical care. Other (possible) proposals would limit the annual dollar amount that can be contributed to HSAs. Restricting HSAs is a process likely to continue as the reform debate winds forward.

HSA Rewards Left Out.

New consumer-driven plans include financial rewards and incentives for healthy behaviors. The Senate proposal specifically outlaws using health status to determine premium rates. On a positive note, if a recognized "wellness program" is in place, some rewards other than premium discounts are allowed. However, letting an insurer or employer put dollars directly into an HSA account is not on the list of rewards that are allowed.

Price Controls.

HSA plans allow younger adults to purchase catastrophic protection for premiums that are 30% to 40% lower than traditional insurance. Studies have shown that 30% or more of those purchasing HSA-eligible plans were previously uninsured. Actuarially, young adult claims are about 20% of older adults. But, the Senate bill would require premiums for young adults that are no less than 33% of the premiums charged to older adults. This will raise the cost of single and family premiums by 50% to 100% or more. Artificial government price controls will deny equitable risk pricing and defeat efforts to lower the number of uninsured.

Bottom Line.

The proposed Senate health reform bill is designed to delay, deny, defeat and kill HSAs. It does not focus on improving health or health care. It is more about political power, centralizing federal control, growing government and expanding bureaucracies.

About NCPA

The National Center for Policy Analysis (NCPA) is a nonprofit, nonpartisan public policy  research organization, established in 1983. The NCPA's goal is to develop and promote private alternatives to government regulation and control, solving problems by relying on the strength of the competitive, entrepreneurial private sector. Topics include reforms in health care, taxes, Social Security, welfare, criminal justice, education and environmental regulation.  Visit www.NCPA.org.

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Legal, Legislative & Regulatory News


SIIA Welcomes Legislation to Modernize Federal Regulation of Risk Retention Groups (RRG)

MyHealthGuide Source: The Self-Insurance Institute of America, Inc. (SIIA), 3/10/2010, www.SIIA.org

WASHINGTON, DC -- The Self-Insurance Institute of America, Inc. (SIIA) welcomed the introduction in Congress of "The Risk Retention Modernization Act"

(HR 4802), which would allow risk retention group to write commercial property coverage while standardizing corporate governance standards for RRGs.

The legislation would also provide a federal dispute resolution process in cases where RRGs believe they are being improperly regulated by non-domiciliary state regulators.

"SIIA has for many years supported both the availability of commercial property coverage to members of risk retention groups and the assurance of a consistent regulatory environment" said Kevin Doherty, chair of SIIA's committee on alternative risk transfer (ART).

The bipartisan legislation is said by its sponsors to be aimed at bringing down insurance costs and increasing coverage availability, particularly in higher-risk areas prone to hurricanes or other natural disasters.

The bill would update the 1981 and 1986 versions of the Liability Risk Retention Act (LRRA) that enabled groups comprised of businesses or professionals to organize self-insured risk retention groups (RRG) across state lines. Once licensed by their state of domicile, RRGs may operate in any other states under federal protection.

HR 4802 is sponsored by Rep. Dennis Moore (D-KS) and Rep. John Campbell (R-CA) and cosponsored by Rep. Ron Klein (D-FL) and Rep. Suzanne Kosmas (D-FL). In their communication asking for support of the bill by House colleagues they pointed to a 2005 survey conducted by the Government Accountability Office (GAO) that found that RRGs have had an important effect on increasing the availability and affordability of commercial liability insurance for certain groups with limited access to insurance, such as medical malpractice coverage.

Sponsors contend that modernization of the LRRA to cover property will provide similar relief to a commercial property market that has been afflicted by significant catastrophic events in recent years. Also included in the bill are provisions to enhance governance standards and regulation for RRGs.

While applauding introduction of the bill, SIIA's Doherty also credited the National Risk Retention Association (NRRA) and the Risk and Insurance Management Society (RIMS) for their active involvement in the legislative process. "This effort is a perfect example of how the alternative risk transfer industry can join together to promote good policy that advances competition in the insurance marketplace" said Doherty.

About SIIA

SIIA is a national trade association that represents companies involved in the self-insurance/alternative risk transfer industry. Call 800-851-7789 and visit www.siia.org.

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Stop Loss Provider, United Re Ag, Files for Bankruptcy

MyHealthGuide Source:

On February 12, 2010, United Re Ag filed for Chapter 11 bankruptcy.  While the company's website ( www.united-re.com ) cannot be accessed currently, the following information was retrieved using the Google cache feature:

United Re AG provides good asset quality and financial strength through the United Re Trust to provide employers an alternative self-funded concept for their group medical plan liabilities. We help self-funded plans reduce their healthcare costs without sacrificing employee benefits.

United Re AG commitment to aggressive cost containment has lead to the development of a team of industry experts like no other. Our cost containment pundits specialize in claims auditing and review, negotiated settlements on out-of-network claims, securing larger discounts on in-network claims, retrospective auditing and recovery of overpayments, and so much more. This pledge saves employers money in the short-term, while at the same time helping them to develop long-term healthcare financing strategies.

The company is based in United Re AG, Baarerstrasse 78, CH-6300, Zug, Switzerland

The Bankruptcy Petition shows creditors as Boys & Girls Club, D.W. Dickey & Son Inc. and several others.

United Re Cited in Past Newsletter Article

Separate from the Petition, but related to United Re Ag and D.W. Dickey, in the February 1, 2010 edition of this Newsletter, an article written by Meredith Z. Maresca, writer for BNA's Pension & Benefits Daily, reported that a District Court in Ohio ruled that the TPA was the proper defendent in the ERISA Case (Nationwide Children's Hospital Inc. v. D.W. Dickey & Son, Inc. Employee Health and Welfare Plan, S.D. Ohio, No. 2:08-cv-1140, 1/27/10.  Court's Opinion).  The case is summarized below.

The Nationwide Children's case stemmed from the denial of benefits for treatment that a D.W. Dickey & Son Inc. Employee Health and Welfare Plan participant's minor son underwent to treat an aggressive form of bone cancer, known as Ewing's Sarcoma. Dickey sponsored and administrated the plan, and The Masters Agency Inc., which did business as American Benefits Management, was the plan's third-party administrator. United Re AG reinsured the plan.

Health care providers, as assignees of the participant's rights under the plan, sued after United Re determined that treatment the beneficiary underwent as part of a children's cancer study was barred under a plan exclusion for "experimental and/or investigational" treatments.

As part of the study, the beneficiary utilized two drug therapies in addition to undergoing standard chemotherapy. Following United Re's decision, American Benefits notified the providers that already-approved and paid claims were not payable, and sought reimbursement.

United Re declined to change its position on administrative appeal, even though multiple doctors opined that the treatment was not experimental and should have been covered.

In the lawsuit against Dickey, the plan, and American Benefits, the providers sought benefits under ERISA Section 502(a)(1)(B). In addition, the participant filed a counterclaim alleging that the plan, through American Benefits, wrongly denied over $684,623 in valid medical claims. He brought a benefit claim under ERISA Section 502(a)(1)(B) and two claims under ERISA Section 502(a)(3) for breach of fiduciary duty.

In a previous decision issued days before the current decision, the court denied a motion to dismiss by Dickey and the plan regarding the participant's counterclaims. The court said the participant could continue with his lawsuit for coverage for his son's treatment, finding that the motion was premature at that time.

The court concluded that the plan was not the only proper defendant in a Section 502(a)(1)(B) action to recover benefits, the court said the "essential rationale" was whether the defendant had control over the administration of the plan.

The pleading at issue did not "foreclose" that American Benefits controlled the administration of the plan or was a fiduciary, the court said.   Although the court declined to dismiss the Section 502(a)(1)(B) claim against American Benefits, it noted that the evidence could ultimately demonstrate that American Benefits did not interpret the plan's definition of "experimental and investigational" treatment and did not deny the benefit claims.

About Chapter11Library.com

Chapter11Library.com is the nations premium online database of Chapter 11 bankruptcy documents. Visit www.chapter11library.com.

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Medical News


Many Angiograms Are Not Needed

MyHealthGuide Source: The New England Journal of Medicine, Volume 362:886-895, No 10, 3/10/2010, NEJM Abstract

Many patients who have an angiogram have no significant heart disease according to a study published in The New England Journal of Medicine.  Researchers suggests that doctors need better ways to decide who should have the test.

The study included 398,978 patients with an average age of 61 between January 2004 and April 2008.  52.7% of the patients were men, 26.0% had diabetes, and 69.6% had hypertension.   The patients' demographic characteristics, risk factors, and symptoms and the results of noninvasive testing were correlated with the presence of obstructive coronary artery disease, which was defined as stenosis of 50% or more of the diameter of the left main coronary artery or stenosis of 70% or more of the diameter of a major epicardial vessel.

Study findings

  • Patients had some symptoms or other test results that made doctors suspect heart disease, but the patients did not have known heart disease and were not getting emergency heart treatment.
  • The angiogram found no major artery blockages in 62% of this group.
  • At the time of the angiogram, 149,739 patients (37.6%) had obstructive coronary artery disease.
  • No coronary artery disease (defined as <20% stenosis in all vessels) was reported in 39.2% of the patients.
  • Patients with a positive result on a noninvasive test were moderately more likely to have obstructive coronary artery disease than those who did not undergo any testing.

Researchers concluded that slightly more than one third of patients without known disease who underwent elective cardiac catheterization had obstructive coronary artery disease. Better strategies for risk stratification are needed to inform decisions and to increase the diagnostic yield of cardiac catheterization in routine clinical practice.

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Resources


Standard Stop-Loss Employer Disclosure Form Endorsed

MyHealthGuide Source: Self-Insurance Institute of America (SIIA, www.SIIA.org), Society of Professional Benefit Administrators (SPBA, www.SPBATPA.org), Recurring article

Self-Insurance Institute of America ( www.SIIA.org ) and Society of Professional Benefit Administrators ( www.SPBATPA.org ) have endorsed a standardized stop-loss disclosure form, which also includes ICD-9 codes. The documents are intended to help facilitate the sharing of health data information between self-insured entities/TPAs and stop-loss insurers/MGUs for the purpose of medical stop-loss underwriting.

Stop-Loss Carriers and MGUs Adopt  the Standardized Form

The list below represents an estimated $3.3 Billion in Stop-Loss premium.  Assuming a medical self-funded community Stop-Loss market of $4 Billion, then over 80% of the market has adopted the form.

If you are a Stop-Loss carrier or MGU that has adopted the standard disclosure form, please let us know at Info@MyHealthGuide.com.

Latest Survey Results Recommending Adoption

Respondents from the self-funded community have voted 86% in favor of adoption of the standard form for Stop-Loss disclosure.  For all survey results, see www.MyHealthGuide.com/disclosures.htm.

Standard Form Adoption May Not Mean Standardization

While surveyed members (n=112) from the self-funded community voted 86% in favor of adoption of the standard form for Stop-Loss disclosure and a majority of the Stop-Loss market has adopted the form, complete standardization is still a goal.

LaRea Albert of Health First TPA (Tyler, TX ) complains, "The Standard Stop-Loss Employer Disclosure Form is not standard, we are getting a different standard from various MGUs and carriers."  Another colleague at Health First, said, "Each Stop-Loss source requires enough 'extras' that Health First concludes the form should not be called, "Standard."

"These comments show that, at least down at the operating level, many underwriters and their managers 'do not get it'! If the form is 'approved', but insist on the unique information carrier by carrier, then that's not accepting the standard, "  says John Lord, Vice President-Specialty Zurich Specialty Health, and a member of the Industry Study Group which developed the Standard Disclosure Form.  "Clearly we have work to do to get the message out to all the right people."

Disclosure Form, Codes, White Paper, Available

The following draft documents may be downloaded and viewed at www.myhealthguide.com/disclosures.htm

About Employer Disclosure

The Employer Disclosure, required by most Stop-Loss carriers and MGUs, has grown in sophistication and use. Today, most Stop-Loss sources require an employer disclosure before a new or renewal quote is offered. Ideally, the Employer Disclosure lists all known high cost claims, claims that have exceed a given dollar threshold, or patient/employees with certain diagnoses. Failure to disclose these individuals can later lead to claim denials.   For the past several years, an industry study group has worked on "standardizing" the reporting process with the objective that all insurers would come to accept the reporting system/form as an industry standard.

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Upcoming Conferences


March 26, 2010
ON-SITE Clinics presented by The La Penna Group, Inc. This is a Forum on the status and future of the On-site Industry restricted to employers that have on-site clinics presently and who wish to network with others concerning the present issues and future challenges that these unique operations address.  No vendors - no advertisers - no outside consultants.     Contact Michael La Penna, Principal, The La Penna Group, Inc., (800) 527-3662 and mlapenna@lapenna.com www.lapenna.com

April 6-8, 2010
TPA & MGU/Excess Insurer Executive Forum presented by Self-Insurance Institute of America, Inc.  This event is designed for senior level executives representing health care third party administrators and MGU/stop-loss insurance carriers. New this time will be a conference golf tournament on the morning of April 6. Charleston Place Hotel. Charleston, SC. Sponsorship information: Justin Miller at 800-851-7789 or jmiller@siia.org. www.SIIA.org

April 12-13, 2010
MCIA Spring Summit presented by Montana Captive Insurance Association, Inc. (MCIA), Helena, MT.  Information and registration: www.mtcaptives.org/i4a/pages/index.cfm?pageid=3441

April 13-15, 2010
Global Healthcare & Medical Tourism Conference Korea 2010 presented by a joint initiative between the Medical Tourism Association (MTA), Korean Health Industry Development Institute (KHIDI).  Up To 800 Attendees.  US Health Insurance Companies and Insurance Providers Invited.  Industry Players From Over 25 countries.  Seoul, Korea.  Information and Registration: www.asiamedicaltourismcongress.com

April 14-16, 2010
SPBA Spring 2010 Meeting - Members Only presented by Society of Professional Benefit Administrators. Washington DC.  www.SPBATPA.org

April 25-28, 2010
CHT Annual National Client Conference presented by Consumer Health Technologies, Inc. The Green Valley Ranch Resort and Spa in Las Vegas, Nevada. www.consumerhealthtech.com.

April 25-29, 2010
RIMS Annual Conference. Boston Convention Center. www.RIMS.org

April 26-28, 2010
Advances in the Management of Oncology Patients presented by OptumHealth. A symposium for health care professionals to provide an in-depth exploration of the recent advances in cancer prevention, treatment and care, as well as the management of treatment-related complications.. Conference information: 800-847-2050 or education@optumhealth.com. See http://attendesource.com/profile/web/index.cfm?PKwebID=0x10356da5d&varPage=home

April 26-28, 2010
The First Latin American Global Medicine and Wellness Congress presented by Costa Rican Medical Care (CRMC). Ramada Hotel Convention Center Plaza Herradura, San Jose, Costa Rica.  Medical tourism currently grosses over US$60 Billion every year.  By 2010 the world's total gross will ascend to over US$100 Billion per year. Individual Fee: US$350.00 (before March 15th) US$450.00 (after March 15th). Information: 877-883-5865 and info@globalmedicinecongress.com and www.globalmedicinecongress.com. Sponsorships and Exhibit Stands: sponsorship@globalmedicinecongress.com. Registration: registration@globalmedicinecongress.com

May 10-11, 2010
TPA College of Knowledge presented by Texas Association of Benefit Administrators (TABA), Omni Hotel Downtown Austin, TX.     www.tpbaa.com

May 11-13, 2010
Self-Insured Workers' Compensation Executive Forum presented by Self-Insurance Institute of America, Inc.  This event attracts senior executives involved with self-insured workers' compensation programs, including group self-insured workers' compensation funds (SIGs). Windsor Court Hotel. New Orleans, LA. Sponsorship information: Justin Miller at 800-851-7789 or jmiller@siia.org. www.SIIA.org

May 12-14, 2010
21st Annual Northshore International Insurance Services Medical Excess Claims Conference.  Salem, Massachusetts, at the historic Hawthorne Hotel on . Invitation only. Contact Adria L. Garneau, CEBS at agarneau@niis.com. Information: www.niis.com.

May 17-20, 2010
19th Annual WEDI National Conference.  Hyatt Regency La Jolla. La Jolla, California. 

June 7-9, 2010
London Self-Insurance/ART Conference presented by Self-Insurance Institute of America, Inc.  Speaker and program highlights: Ori Karev, CEO of United Health Care International, will talk about how self-insured group health plans should be structured for companies with employees in multiple countries from a provider/insurer perspective.  John Latter, Head of Multinational Insurance Population for Zurich Financial Services Group will cover tax and compliance issues related to the use of locally filed insurance policies and rates outside of the United States.  Captives and reinsurance for employee benefits.  Corporate risk aggregated from multiple countries dedicated to understanding actuarial assumptions in managing blocks of global risks. Tour Lloyd's headquarters in London.  Sponsorship information contact Justin Miller at 800-851-7789 or jmiller@siia.org. Visit www.siia.org/London

June 7-9, 2010
National Accountable Care Organization (ACO) Summit presented by Harvard Health Policy Review and Health Affairs.  A Hybrid Conference and Internet Event. The Leading Forum on the Accountable Care Organizations (ACOs) and Related Delivery System and Payment Reform.
Ritz-Carlton Hotel, Washington, DC. www.ACOSummit.com

June 9-11, 2010
AHIP's Institute 2010 presented by America's Health Insurance Plans.  Keynotes, workshop, concurrent, and breakfast sessions; plenty of networking; and an exhibit hall with nearly 200 companies. Las Vegas, NV.  Contact Erin Ross, MS, Deputy Director, Marketing, America's Health Insurance Plans at 202.778.3294. Information and registration: www.ahip.org/links/institute2010/

June 10-11, 2010
"A Revolutionary Passion for Savings" presented by The Phia Group, LLC, honoring its 10th Anniversary.  Latest cost containment strategies and services available to the health insurance industry today. All attendees will discover efficient and innovative ways to prosper in the ever changing health care environment. Leading industry experts discuss revolutionary cost saving techniques that plan administrators can implement immediately.  Historic Omni Parker House, America's longest continuously-operating hotel.  See  www.phiagroup.com/news/111209_forum2010.htm.  Registration:  Bethany Hoffman, Marketing Executive, at 781-535-5608, bhoffman@phiagroup.com and visit www.phiagroup.com.

June 28-30, 2010
Society of Actuaries 2010 Spring Health Meeting. Orlando, FL.  www.soa.org

July 19-21, 2010
MCIA Fifth Annual Conference presented by Montana Captive Insurance Association, Inc. (MCIA), Whitefish, MT.  Montana Insurance Commissioner Monica Lindeen as well as all of the state's key captive regulators plan to be there to help educate attendees about what the domicile has to offer.  Companies interested in sponsorship opportunities should contact Justin Miller at 866/388-6242, jmiller@mtcaptives.org. Information and registration: www.mtcaptives.org/i4a/pages/index.cfm?pageid=3354

July 21-23, 2010
TPA University presented by The Health Care Administrators Association (HCAA).  Three-day annual event offers in-depth discussion and analysis of key industry issues offers the most comprehensive view of a single trend or issue within third party administration. Keynotes are the most informative in the industry and networking opportunities are ranked high among members.  Westin Tabor Center, Denver, CO.  Information and registration: http://hcaa.org/tpauniversity.html.

Sept 13-14, 2010
TABA 2010 Fall Conference presented by Texas Association of Benefit Administrators (TABA), Marriott Sugarland Town Square Sugarland, TX. www.tpbaa.com

October 6-8, 2010
SPBA Fall 2010 Meeting - Members Only presented by Society of Professional Benefit Administrators. Phoenix, AZ. www.SPBATPA.org

October 12-15, 2010
30th Annual National Educational Conference & Expo
presented by Self-Insurance Institute of America, Inc.  This is the world's largest business conference/trade show dedicated exclusively to the self-insurance/alternative risk transfer industry. The event features more than 50 educational sessions and a trade show with about 150 companies showcasing their products and services.  Sheraton Chicago Hotel & Towers. Chicago, IL.  Sponsorship information: Justin Miller at 800-851-7789 or jmiller@siia.org. www.SIIA.org

October 17-20, 2010
Society of Actuaries 2010 Annual Meeting. New York City. www.soa.org

November 8-11, 2010
WEDI 2010 Fall Conference.  Hyatt Regency Reston, Reston, Virginia. www.wedi.org

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