Volume Six, Issue Four May 2003

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Volume Six, Issue Four May 2003 In This Issue Gastric Bypass Surgery In this fourth issue of the McGraw Wentworth Benefit Advisor for 2003, we will review coverage for gastric bypass surgery. The surgery is growing in popularity and many employers are struggling with determining if it should be a covered plan expense. We will review the cost of obesity in general, the surgical procedure and the issues surrounding covering the surgery under your plan. We welcome your comments and suggestions regarding this issue of our technical bulletin. For more information on this Benefit Advisor, please contact your Account Manager or visit the McGraw Wentworth web site at www.mcgrawwentworth.com. As healthcare costs continue to spiral upward, employers must examine their benefit programs from all angles to determine the best way to contain future costs. Many employers are offering programs to identify chronic conditions in 70 their employee base, to 60 help employees manage their conditions 50 40 and to help employees focus on healthier 30 lifestyle choices. Obesity is one increasingly common chronic condition that is driving up healthcare costs and increasing in frequency across the country. The National Increase in chronic conditions (%) Institute of Health estimates that 39.8 million adults are obese. This represents 22% of the population over age 20. Obesity has a dramatic impact on benefit plans: The Department of Health and Human Services estimates that obesity results in approximately 300,000 deaths annually. Overweight and obese people on average incur up to $1,500 more in medical expenses annually than people in a healthy weight range. 20 10 0 Obese Extra weight increases risks for a number of serious medical conditions such as heart disease, high blood pressure, diabetes, Aging Living in Current from 30 poverty smoker to 50 Heavy drinker Past smoker Baseline - comparable normal-weight individuals with no history of smoking or heavy drinking. sleep apnea, high cholesterol, arthritis, cancer and others. The conditions caused or exacerbated by obesity are called co-morbid conditions. The cost of co-morbid conditions is alarming. Watson Wyatt estimates the following: Of the $2.4 billion spent annually on the treatment of Type 2 diabetes, 61% of the cost can be attributed to obesity. Continued on Page 2

Volume Six, Issue Four May 2003, Page 2 Of the $57 million spent annually on osteoarthritis, 25% can be attributed to obesity. 17% of the $1.6 billion spent annually on hypertension can be linked to obesity. Obesity is commonly treated by changing diet and exercise habits and, in certain severe cases, medication. Sometimes these measures help. However, for many morbidly obese people, they are not a permanent solution. Not too long ago, bariatric surgery was a last resort used only in the most critical situations. However, treating morbid obesity surgically has become more popular in the last decade. Part of this increase in popularity stems from the media coverage the surgery receives when a celebrity chooses this form of treatment. Al Roker, a regular on the Today show, underwent the surgery in March 2002 and Today show viewers see the positive effects every day. The surgery also received more media attention when Carnie Wilson, a member of the Wilson Phillips band, broadcast her surgery live on the Internet. The results of her surgery also have received significant media coverage. The media focus is increasing interest in the surgical treatment. The NOTABLE THOUGHTS surgery that was once viewed as a last resort for the morbidly obese is becoming a treatment of choice. Employers are becoming more familiar with this surgery as employees ask whether it is covered under their medical plans. You should know if your health plan covers surgical treatment of obesity. If your health plan is fully insured, your carrier has most likely decided whether the treatment will be covered. Blue Cross Blue Shield of Michigan covers this surgery under certain circumstances. However, if your plan is self-funded, you probably decided some time ago whether to include this surgery as a benefit. Your coverage options may be limited by your third party administrator s ability to implement exclusions or limitations. For example, Blue Cross Blue Shield of Michigan is unable to exclude coverage of this surgery under most of their self-funded arrangements. As this surgery becomes more popular, employers will need to analyze whether covering this treatment meets the goals of their program. History of Surgical Treatment of Obesity To determine whether the surgery should be covered, it is important A SUCCESSFUL PERSON IS ONE WHO CAN LAY A FIRM FOUNDATION WITH THE BRICKS THAT OTHERS THROW AT HIM OR HER. DAVID BRINKLEY to understand the basics behind this treatment and how it evolved. The first report of a surgical procedure designed to induce weight loss was published in 1954. The procedure basically involved reducing the length of the small intestine. The result was a shortened digestive cycle which meant only a small number of calories and nutrients could be absorbed by the body. The results were impressive and produced dramatic and sustained weight loss. However, the long-term effects of this surgery were often life-threatening. Patients developed electrolyte imbalances, anemia, vitamin deficiencies, and malnutrition; some died from severe kidney and liver failure. As variations of the surgery evolved, surgeons focused on two surgical methods to induce weight loss: 1. Decreasing Food Intake - certain procedures involve changing the size of the stomach to limit the amount of food the stomach can hold. 2. Affecting the Digestive Process certain procedures shorten the digestive process so that the body absorbs less food. The two most prevalent surgeries performed today are the gastric bypass (also referred to as Rouxen-Y) and the lap band procedure. Gastric Bypass Gastric bypass surgery uses both strategies above to achieve longterm weight loss. Surgeons permanently reduce stomach size by closing off a portion of the stomach, making it unusable. In addition to reducing stomach size, this process connects the lower portion Continued on Page 3

Volume Six, Issue Four May 2003, Page 3 of the stomach to the small intestine, thus shortening the digestive process. The gastric bypass procedure originally was performed through an abdominal incision, and was considered major surgery. In 1993, the procedure was modified to be performed laparoscopically which resulted in quicker recovery times and reduced complications. Lap Band Procedure The FDA approved the lap band procedure in June of 2001. This procedure reduces stomach volume by attaching an adjustable band to the stomach. The band location can be changed to increase or reduce stomach size. The appeal of this procedure is the flexibility in determining the appropriate stomach volume to achieve the desired weight loss. In addition, this procedure can be reversed. In studies, the Lap-band procedure has been found not to be as effective for weight loss (about 40% effective as opposed to the Roux-en- Y procedure which is 95% effective.) In addition, the lap-band procedure tends to have more followup surgeries because they are needed to adjust the band. Surgical Risks These surgeries are not without risk. As with any abdominal surgery, complications can include potential infections, increased clotting of blood that may result in fatal pulmonary embolism, and others. Surgical risks are often complicated by the poor health and excess weight of the patients. Studies that analyzed patients in the two months following gastric bypass surgery show: 5-10% of patients will have problems that require medical attention, including: 10% will suffer from hernias 5-10% will suffer psychological problems as a result of lifestyle changes after surgery. 2-3% will suffer from staple line ruptures, stomach leakage and incision infections (these problems can be fatal if not treated quickly). 1% will suffer from cardiac irregularities or complications from pneumonia. In rare cases, patients will suffer from a heart attack, stroke or kidney failure that can be fatal. The death rate on average is 1 in every 300 patients. However, some studies indicate when certain complicating factors caused by excess weight are present, the death rate can be as high as 7%. The Lap Band procedures seem less risky than the Gastric Bypass procedure. Because the procedure is relatively new, no long-term risk data is available. However, at a minimum, patients would have the same risks as associated with a laproscopically performed abdominal surgery. The possible complications from the surgery are serious but many view surgery as their last chance. The immediate risks are weighed against the improved long-term survival rate and quality of life. Should a Group Health Plan Cover These Procedures? If you haven t addressed this question in your organization, it may come up soon. The cost of these surgeries can be substantial, ranging from $20,000 to $60,000. The surgery was not commonly covered years ago, but in the last five years, there has been a definite shift in perception. Initially, most insurance carriers viewed the surgery as merely cosmetic and didn t cover it. Now, however, many view it as a reasonable treatment option and are covering the procedure. According to experts, the only effective long-term treatment for morbid obesity is surgery. Many studies indicate that diet and exercise have a short-term effect; most obese people regain any lost weight within five years. Only 10% are able to sustain long term weight loss. In 1985, the National Institutes of Health (NIH) formally described obesity as a disease process. In 1991, the NIH endorsed bariatric surgery as a treatment option for the morbidly obese and just one year later confirmed that simply modifying diet isn t effective as a long-term treatment of morbid obesity. The NIH established the following minimum requirements for surgery candidates: A Body Mass Index (BMI) above 40 (roughly equating to 100 pounds over normal weight for men and 80 pounds overweight for women). Continued on Page 4

Volume Six, Issue Four May 2003, Page 4 A BMI between 35 and 40 if the patient has Type 2 diabetes, life-threatening cardiopulmonary problems, or obesity-related heart disease. Health professionals commonly use the body-mass index (BMI) to determine whether you are in the normal weight range. Your BMI is your weight in kilograms divided by your height in meters squared. Please see the table at the bottom of the page for an illustration of the average weight in pounds for different heights. The IRS recently supported the position that obesity be considered a medical condition when it permitted the cost of certain weight loss programs to be tax deductible. Organizations That Cover the Surgery The organizations that choose to cover the procedure do so because they view it as a medical treatment for severe obesity. They consider morbid obesity a medical condition with varying levels of treatment. Height Underweight Normal These organizations generally require people to undergo diet and exercise programs in an attempt to manage weight. If these treatments are ineffective, the surgery is the next treatment step. The situation is comparable to high blood pressure that may be treated initially with diet modifications but at some point if diet changes don t work, a plan will cover prescription treatments. With gastric bypass surgery, however, the stakes are substantially higher. These organizations often focus on the improved health after surgery. In most studies, the results are dramatic: Studies show most patients maintain up to 50% weight loss. Other co-morbid medical conditions tend to diminish. In one study, 83% of obese patients with diabetes had normal blood sugar levels after surgery. The one-time cost of the surgery is weighed against the reduced yearly How is Obesity Measured? Overweight Obese 5'3" 103 104 to 140 141 to 168 169 or more 5'6" 114 115 to 154 155 to 185 186 or more 5'9" 125 126 to 168 169 to 202 203 or more 6' 136 137 to 183 182 to 220 221 or more costs for treating all the other chronic medical conditions that tend to decrease after surgery. Organizations That Limit or Exclude Coverage Some organizations choose not to cover the surgery under the group health plan. They generally believe that a lack of activity and inability to control appetite cause obesity. They do not view obesity as a medical condition that would warrant surgical treatment. In addition, the cost of surgery is significant and complications post-surgery are common. Some organizations view treatment of obesity in the same manner as other lifestyle related conditions. They choose to cover the surgery at a reduced benefit level. If you choose not to cover this surgery, be prepared to be challenged. Bariatric Surgery Centers and surgeons are educating their patients on how to appeal denied claims. Those plans that deny coverage for these services are challenged and often their decision is debated publicly. The debate has been fierce and now some states require carriers to cover these services. In addition, bills have been presented nationally to guarantee coverage for this surgery in certain circumstances. So far the federal bills have not been passed and Michigan does not require coverage. However, that does not necessarily mean your plan is in the clear. Recently, a case was submitted to the Center for Health Dispute Resolution, an independent review organization that provides recommendations to the Michigan State Insurance Commissioner. The case in- Continued on Page 5

Volume Six, Issue Four May 2003, Page 5 volved an HMO insured that was denied coverage for bariatric surgery. The denial was based on the certificate of coverage which specifically excluded surgical treatment of exogenous obesity. The review board determined that under the guidelines recommended by the National Institutes of Health (NIH) the surgery was medically necessary and if the claimant passed a medical and psychological assessment, recommended the surgery be covered. The Commissioner accepted the review board s recommendations and ordered the HMO to pay for the surgery if the claimant passed the medical and psychological assessment. Even with exclusionary language in the contract, the HMO was compelled to pay the claim. Since the number of morbidly obese people increases annually in the United States, this issue is not likely to dissipate. Coverage of Surgical Treatment for Obesity If you choose to cover this surgery under your plan, your plan should require pre-authorization. This surgery works only for certain patients. The National Institute of Health has established guidelines on the specific physical requirements a patient should meet before surgery. Many health plans use the NIH guidelines to determine the medical necessity. However, some health plans establish even more stringent guidelines. Part of the approval process should include a psychological evaluation to determine whether patients can handle the drastic lifestyle changes they must make after surgery. Some candidates may meet the physical requirements but may not be prepared mentally to accept the lifestyle changes that accompany the surgery. In Conclusion The question of covering the procedure is a difficult one to address. Exercise and diet modifications can help some patients with their struggle to lose weight. Others, however, may not be able to sustain long-term behavioral changes. On one hand, bariatric surgery may be the only effective treatment for many obese patients. Losing the excess weight will improve serious medical conditions caused or exacerbated by the excessive weight. On the other hand, the surgery is risky, expensive, and complications post-surgery can be serious. The NIH describes obesity as a medical condition and approves of bariatric surgery for certain individuals. Your organization should make a decision based on your philosophy. If you choose not to cover this service, be prepared for a fight from your covered participants. As this treatment becomes more popular and the positive results become the focus of media attention, many will argue this treatment should be covered as a medical necessity. Expect this topic to be debated publicly for the next decade. Obesity is on the rise and surgery has been an effective treatment for morbid obesity. MW Our technical bulletins are written and produced by McGraw Wentworth staff and are intended to inform our clients and friends on general information relating to employee benefit plans. They are not intended to provide either legal or tax advice. Before implementing any welfare or pension benefit program, employers are urged to consult with their benefits advisor and/or legal counsel for advice that is appropriate to their specific circumstances. McGraw Wentworth 3250 West Big Beaver Road, Suite 500 Troy, MI 48084 Telephone: 248-822-8000 Fax: 248-822-4131 www.mcgrawwentworth.com Continued on Page 6

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