C C VV I. Medical Cost Trends & Emerging Issues in the California Workers Compensation System

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C C VV I Medical Cost Trends & Emerging Issues in the California Workers Compensation System Alex Swedlow California Workers Compensation Institute www.cwci.org

Current Events on Medical Delivery Good news on reform outcomes: Frequency, expenses and medical are down New fee schedules (RBRVS) on track Fewer spine surgeries Opioids are trending down Rx Formulary coming on-line Fewer liens $1.3B in savings (WCIRB)

However California within the National Landscape Highest Rate* Highest Perm Dis Frequency Highest Expenses * Using CA weights Source: Oregon Dept. of Business & Consumer Services Study 2016

National Comparison on Medical Costs Indemnity Claims Medical Cost per Indemnity Claim 64% higher than median state Source: NCCI Annual Statistical Bulletin, 2016, Exhibit 11

National Comparison on LAE Costs Ratios of Loss Adjustment Expense Costs to Losses 91% higher than median state Source: 2016 NCCI Annual Statistical Bulletin, Exhibit 6

Estimated Average Medical Cost per Indemnity Claim by Accident Year 1990 2012 396% increase 1996-2003 Minniear/PTP 2002-2005 (227/228/899) 8% decrease 2012 2015 (863) 6% decrease Source: WCIRB 2016 Accident Year

Inpatient Spinal Surgery Controversial nature of spine surgeries Many spine surgeries performed without appropriate findings High rate of repeat surgeries and failed back syndrome High rate of spine surgery associated with duplicate payment for hardware March 2016 Study

Spinal Fusions 100% 80% 55% of Fusions Done on Patients with No Spinal or Cranial Nerve Involvement Coding 60% 40% 20% Source: CWCI 2017 0% 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 All Accident Year

Multiple Spinal Fusions Percent with 1, 2 or 3+ Fusions 100% 80% 60% Follow-up surgeries are common 40% 20% 0% 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Accident Year Source: CWCI 2017 1 Surgery 2 Surgeries 3+ Surgeries

Spinal Fusions Timing of 2 nd Surgeries 100% 80% 60% Almost half of 2 nd surgeries performed within one year of the 1 st 40% 20% 0% 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Accident Year 3 Mos 6 Mos 9 Mos 12 Mos 24 Mos 36 Mos > 36 Mos Source: CWCI 2017

Spinal Fusions Comorbidities 40% 30% 29.9% 36.8% Medical Back Claims with Fusions have higher levels of Comorbidities 20% 17.1% 13.3% 10% 9.4% 8.8% 2.0% 3.8% 1.9% 1.2% 0% METABOLIC & ENDOCRINE DISORDERS AY 2000-2014 Claims CIRCULATORY SYSTEM Fusion MENTAL DISORDERS Non-Fusion SUBSTANCE ABUSE OBESITY

Spinal Fusion as Pain Management? Opioid Use Before & After Morphine Equivalents per Claim Pre-Fusion and Greater than 30 Days Post Last Fusion AvgPre 62,002 AvgPost 91,905 Opioid use spikes 30 days after surgery 35,218 9,551 11,997 11,201 Source: CWCI 2017 1 2 3 Number of Spinal Fusion Procedures

Post Reform Spinal Fusions Removal of Duplicate Hardware Payment 6,000 5,000 Spinal Surgeries by Calendar Year 7% -4% -4% -- -8% 4,000-14% -9 3,000 2,000 2008 2009 2010 2011 2012 2013 2014 2015 Calendar Year Source: OSPHD Spinal fusions declined 27% following reforms Source: CWCI 2017 CWCI 2017. All Rights reserved.

Spinal Surgery Rates Another Reason for the Decline Operation Spinal Cap FBI: Five Individuals, Including Two Doctors, Charged in Kickback Schemes Involving Nearly $600 Million in Fraudulent Claims by Southern California Hospitals WASHINGTON In a series of related cases announced today, the former chief financial officer (CFO) of a Long Beach, California, hospital, two orthopedic surgeons and others have been charged in long-running health care fraud schemes that illegally referred thousands of patients for spinal surgeries and generated nearly $600 million in fraudulent billings over an eight-year period

Impact of the RBRVS Fee Schedule Published August 2016 Study analyzes the first two years of the 4-year transition to the RBRVSbased fee schedule for physician and non-physician services.

Impact of the RBRVS Fee Schedule 20.0% 10.0% 0.0% -10.0% Change in Total Paid by Category Service Years 2013 to 2015 E/M 8.3% Phys Med 12.7% Summary points: Total paid -14.3% Wide variation between service categories -20.0% -30.0% -40.0% -50.0% Radiology -34.7% Surgery -18.4% Spec Svs -43.1% Medicine -44.9% Anesth -29.0% Path -21.6% All -14.3%

Pharmaceutical Utilization and Cost Trends & Formulary Update CWCI 2017. All Rights reserved.

Exhibit 18 C C VV I Distribution of Therapeutic Groups - Prescriptions Dermatologicals 5% All Other 20% Opioids 24% Opioids remain the most frequent script of all therapeutic groups Antidepressants 6% Ulcer Drugs 7% Calendar Year 2016 Anti convulsants 7% Musculoskeletal 10% Anti-Inflam matory 21%

Exhibit 19 C C VV I Distribution of Therapeutic Groups - Payments Opioids 21% 27% Opioids have the highest payments of all therapeutic groups All Other Antidepressant 6% Anticonvulsant 7% Musculoskeletal 5% Calendar Year 2016 Ulcer Drugs 8% Dermatological 11% Anti- Inflam matory 15%

Analgesic Opioid Prescriptions & Payments 40% 30% 25% & 34% decline in scripts and payments between 2009-15 20% 10% 0% 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Scripts 27% 28% 30% 32% 32% 32% 31% 30% 29% 27% 24% Payments 19% 20% 26% 30% 32% 32% 32% 29% 25% 24% 21% Calendar Year CWCI 2016 CWCI 2017. All Rights reserved.

Changes in Opioid Utilization Claim Based Measures at 24M Development 4 3 2 21.8% 22.7% 23.0% 24.0% 24.3% 24.4% 24.9% 25.4% 24.1% 2005 2006 2007 2008 2009 2010 2011 2012 2013 3.51 3.75 4.12 4.24 4.43 4.36 4.18 4.31 4.11 Accident Year 517 522 526 473 510 476 450 441 412 Percent of injured workers w/ opioids 11% increase between AY 2005-2013 1 1,660 1,936 2,151 2,234 2,261 2,072 1,883 1,902 1,696 0 2005 2006 2007 2008 2009 2009 2011 2012 2013

Changes in Opioid Utilization Claim Based Measures at 24M Development 4 21.8% 22.7% 23.0% 24.0% 24.3% 24.4% 24.9% 25.4% 24.1% 3 2 4.12 4.24 4.43 4.36 4.18 4.31 4.11 3.51 3.75 2005 2006 2007 2008 2009 2010 2011 2012 2013 473 517 522 526 510 Accident Year 476 450 441 412 Average opioid scripts/claim Decreased 7% from 2009 peak 1 1,660 1,936 2,151 2,234 2,261 2,072 1,883 1,902 1,696 0 2005 2006 2007 2008 2009 2009 2011 2012 2013

Changes in Opioid Utilization Claim Based Measures at 24M Development 4 21.8% 22.7% 23.0% 24.0% 24.3% 24.4% 24.9% 25.4% 24.1% 3 3.51 3.75 4.12 4.24 4.43 4.36 4.18 4.31 4.11 2 1 0 517 522 526 473 510 476 450 441 412 2005 2006 2007 2008 2009 2010 2011 2012 2013 1,660 1,936 2,151 2,234 2,261 Accident Year 2,072 1,883 1,902 1,696 2005 2006 2007 2008 2009 2009 2011 2012 2013 Average morphine equivalents per script Decreased 22% from peak in 2008

Changes in Opioid Utilization Claim Based Measures at 24M Development 4 21.8% 22.7% 23.0% 24.0% 24.3% 24.4% 24.9% 25.4% 24.1% 3 3.51 3.75 4.12 4.24 4.43 4.36 4.18 4.31 4.11 2 473 517 522 526 510 476 450 441 412 1 0 2,151 2,234 2,261 1,936 2,072 1,883 1,902 1,660 1,696 2005 2006 2007 2008 2009 2009 2011 2012 2013 2005 2006 2007 2008 2009 2010 2011 2012 2013 Accident Accident Year Year Average cumulative morphine equivalents per injured worker Decreased 25% from peak in 2009

The Missing Piece In Rx Control: Formularies November 2014 CWCI Study: Potential impact of a state formulary Modeled CA data using Texas and Washington State Formularies Estimated system-wide savings of 10 50% AB 1124 - October 2015 Calls for creation of a State Formulary Target Implementation - July 2017

Formulary Considerations: Average Wholesale Price Variation Hydrocodone-Acetaminophen Tab 10-325 MG $4 $3.57 $3 $2 $1 $0.58 $0.78 $0 Min Median Max Source: CWCI 2016

Formulary Considerations: Average Wholesale Price Variation Ibuprofen Tab 800 MG $6 $5.46 $4 $2 $0.04 $0.46 $0 Min Median Max Source: CWCI 2016

Implementing AB 1124 Drug Formulary and update of MTUS Key Draft Components Released August 26 th : DWC Draft Regulations MTUS Drug List RAND Report Proposed Regs Released March 20 th Formulary Hearing May 1st Intent of the formulary Improve quality of care Reduce UR (45%) and IMR (48%) friction costs Lower cost

Implementing AB 1124 Drug Formulary and update of MTUS Proposed Formulary Components Released March 20 th : MTUS Drug List (N=242) Drugs are designated into categories: Preferred (no mandatory prospective UR) Non-Preferred (no mandatory prospective UR) Not Listed (no mandatory prospective UR)

Implementing AB 1124: Drug Formulary Preferred, Non-Preferred, or Not Listed Prescriptions and Payments 100% 75% 50% 25% Source: CWCI 2017 CWCI 2017. All Rights reserved. 0% % of Prescriptions % of Payments Preferred 25.8% 19.7% Non-Preferred 53.4% 48.1% Not Listed 20.7% 32.2% 26% of currently dispensed drugs are fast tracked around prospective UR 74% of currently dispensed drugs eligible for prospective UR

Reengineering Medical Dispute Resolution: Media Perception and Reality CWCI 2017. All Rights reserved.

Access to Care: A System-Wide Problem? Anecdotes vs Public Policy Research ProPublica / NPR KNBC

Medical Dispute Resolution: From Physician Request to Final Decision Handoffs in Medical Management Request for treatment Request for Approval (RFA) Utilization Review (UR) Independent Medical Review (IMR)

Medical Dispute Resolution: From Physician Request to Final Decision Handoffs in Medical Management

Unintended Consequence: High IMR Volume 2014-2016 Results IMR Determination Letters & Decisions 2013-2016 400,000 300,000 290,885 256,015 309,824 200,000 176,002 165,525 143,983 100,000 1,141 2,476 0 Determination Letters Decisions 2013 2014 2015 2016 Source: DWC Update, 2017; CWCI 2017

Independent Medical Review Letters Texas vs. California 200,000 160,000 120,000 80,000 IMR Decision Letters Calendar Years 2003-2016 143,983 165,525 176,002 9,115% More Than Texas 40,000 0 17,433 13,257 8,810 12,244 7,596 7,939 5,068 2,885 1,141 2,641 1,910 2003 2005 2007 2008 2010 2012 2013 2014 2015 2016 Texas (IRO) California (IMR) Source: Texas Department of Insurance, Division of Workers Compensation; CWCI 2016

IMR: 2014-2016 Results UR Denials/Modifications Upheld vs Overturned 100% 75% 91.3% 88.6% 91.2% High level of agreement across medical management 50% 25% 8.7% 11.4% 8.8% 0% Source: CWCI 2017 Upheld UR 2014 2015 2016 Overturned UR

Balancing Medical Dispute Resolution Medical Management and ROI Washington State: The Impact of Removing UR Spinal MRIs Lower Extremities MRIs 14,000 6,000 10,500 4,000 7,000 UR Removed 2,000 UR Removed 3,500 1997 1998 1999 2000 2001 2002 Calendar Year 0 1997 1998 1999 2000 2001 2002 Calendar Year Source: Glass 2010

Balancing Medical Dispute Resolution Medical Management and ROI Washington State: The Impact of Removing UR Spinal MRIs Lower Extremities MRIs 14,000 6,000 10,500 + 43% 4,000 + 54% 7,000 UR Removed 2,000 UR Removed 3,500 1997 1998 1999 2000 2001 2002 Calendar Year 0 1997 1998 1999 2000 2001 2002 Calendar Year Source: Glass 2010

One State, Many Outcomes Regional Variation in CA WC 8 Regional Scorecards. 1. Los Angeles County 2. Inland Empire 3. Valleys 4. Bay Area 5. San Diego 6. Central Coast 7. North Counties 8. Sierras

Average Total Paid to Date AY 2007-2016 Indemnity Claims Statewide: $46,399 Top 5 Highest Cost Counties 1 Orange $55,369 2 Los Angeles $53,857 3 Plumas $52,717 4 San Bernardino $52,094 5 Riverside $50,515 Source: CWCI 2017 CWCI 2017. All Rights reserved. Top 5 Lowest Cost Counties 1 Humboldt $29,784 2 Kings $31,138 3 Tulare $31,528 4 Madera $32,604 5 Mariposa $33,672

Attorney Involvement AY 2007-2016 Indemnity Claims Statewide 48.8% Highest Percentage 1 Los Angeles 59.5% 2 Orange 58.3% 3 San Bernardino 54.6% 4 Ventura 53.7% 5 Riverside 52.0% Source: CWCI 2017 CWCI 2017. All Rights reserved. Lowest Percentage 1 Mariposa 28.8% 2 Humboldt 31.1% 3 Mono 32.0% 4 San Francisco 32.1% 5 Sonoma 32.3%

Return to Work (Paid Temp Disability Days) AY 2007-2016 Indemnity Claims Statewide: 129.2 days Slower RTW 1 Orange 154.0 2 San Bernardino 151.5 3 Los Angeles 147.9 4 Riverside 144.4 5 Lake 140.7 Source: CWCI 2017 CWCI 2017. All Rights reserved. Faster RTW 1 Yolo 90.2 2 Mono 91.8 3 Kings 99.9 4 San Benito 99.9 5 Napa 100.2

Opioid Use at 24 Months Post Injury AY 2014 Claims with Opioid Script(s) Statewide: 24.1% Highest 1 Calaveras 33.8% 2 Imperial 33.7% 3 Fresno 31.5% 4 Colusa 31.4% 5 Sutter 31.2% Source: CWCI 2017 CWCI 2017. All Rights reserved. Lowest 1 Napa 14.5% 2 Yolo 15.0% 3 San Francisco 16.0% 4 Mariposa 16.1% 5 Santa Cruz 17.9%