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Thursday, June 23, 2022

Supreme Court to determine federal government’s right to dismiss whistleblower cases

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The Supreme Court will hear a case on whether the federal government has the authority to dismiss a False Claims Act case after declining to take action.

In August 2019, the Department of Justice dismissed a whistleblower case filed in 2012 by Dr. Jesse Polansky, a former employee of UnitedHealth Group subsidiary Executive Health Resources, that alleged hospital billing fraud. Polansky claimed his employer was billing the Centers for Medicare and Medicaid for inpatient admissions that were outpatient visits to receive higher reimbursements.

The Justice Department said proceeding with the case would be too costly. The dismissal was approved by U.S. District Judge Michael Baylson and upheld by the U.S. Court of Appeals for the Third Circuit. On Tuesday, the high court agreed to hear the case.

Circuit courts have been divided over what grounds the government can use to dismiss False Claims Act cases. Polansky in January filed a petition for the Supreme Court to hear the case, citing that division.

“The existence of a ‘deeply entrenched’ split is undisputed. The circuits are now divided a staggering four different ways, with other judges entertaining still alternative approaches,” the petition reads.

Lawyers for Polansky and Executive Health Resources could not be reached for comment, nor could the Justice Department.



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Wednesday, June 22, 2022

BI4ALL focuses on internationalisation and expects to grow 35% by 2022

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For 2022, the company forecasts are for growth in the order of 35%, with higher expression in the international market.

Lisbon, June 22nd, 2022 – BI4ALL, a leading Data Analytics and Artificial Intelligence services company, announces that is working hard on its international expansion plan and will open later this year a subsidiary in Switzerland, which will officially be BI4ALL’s first delegation in the international market. The company is also analysing opportunities to create new Nearshore centres around the world and, at this moment, already has employees spread throughout Portugal (Lisbon and Porto), North Macedonia, Poland and Brazil.

BI4ALL Office (Lisbon)

BI4ALL Office (Lisbon)

To support the company’s expansion plan, BI4ALL is integrating into its management team senior executives with extensive experience in the sector and multinational companies. This year, the company forecasts a 35% growth, with higher expression in the international market. “We expect to reach a business volume of around 23 million euros in 2022, with a strategic focus on the international market and maintaining our commitment to provide an excellent response to our clients”, says José Oliveira, CEO of BI4ALL.

Technological solutions are synonymous with competitiveness, growth and optimisation for all companies regardless of their sector of activity. Access to determinant insights enables better decision-making, cost reduction and the automation of many processes.

The sectors that contribute most to the company’s business are Pharmaceuticals, followed by Banking, which has been growing in relevance, and then the Energy, Transport and Insurance industries.

About the company’s internationalisation plan José Oliveira also refers that “BI4ALL has reached a level of maturity and organisation that allows it to assume an expansionist policy with the opening of branches abroad”, adding that “the last year was a year of business consolidation at a national level, where we grew 10% and we are looking at the internationalisation strategy in new markets”.

By 2022, BI4ALL intends to continue to increase its team to keep up with the growth and needs of the company and its customers. Currently, with more than 350 employees, the technology company plans to integrate another 50 employees this year, to reach 500 employees in 2023.

“We have high expectations for the next three years, both for Portugal and the global market, both in terms of strengthening our internationalisation strategy and in terms of national and international recruitment to accompany growth,” said José Oliveira.

In 2021, BI4ALL inaugurated its new facilities named “BI4ALL City”. With a capacity for more than 500 jobs, the new headquarters was designed for the company’s sustained growth in the coming years and represented an investment of eight million euros. The BI4ALL City was also designed with the expectations of current and future customers in mind and to offer a set of benefits associated with the well-being of the employees, who work daily to deliver added value and excellent service to customers.

# # #

About BI4ALL:
BI4ALL is a leader in consulting services with competencies of excellence in Digital Transformation and Data Strategy, with a focus on Analytics, Big Data, Artificial Intelligence, CPM, and Software Engineering. Since 2004 we are focused on the success of our clients and share with them excellent knowledge in both technology and business components, allowing organisations to have competitive advantages by transforming their data into insights.

We transform organisations of all sizes into more agile and vigorous organisations that anticipate the unpredictable, adapt quickly to market changes, and are more prepared for the future. Recognised with more than 25 national and international awards, we work with high-performance teams with a passion for results.

www.bi4all.pt facebook.com/bi4all www.linkedin.com/company/bi4all https://www.instagram.com/bi4all/





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Tuesday, June 21, 2022

CMS proposes pay boost for ESRD facilities

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The Centers for Medicare and Medicaid Services proposes a 3.1% Medicare pay hike for dialysis providers next year and lays out plans for quality improvement in a draft regulation issued Tuesday.

The proposed rule would hike the base rate for dialysis services by $6.19 to $264.09. The regulation would increase payments to hospital-based end-stage renal disease providers by 3.7% and to freestanding facilities by 3.1%, according to CMS.

CMS also wants to suppress four metrics from its quality-improvement program next year to account for the effects of COVID-19, including a readmission ratio and a measure of prevalent patients waitlisted. CMS will collect and post the data but not factor them into payments.

CMS proposes adding healthcare employees’ COVID-19 vaccination status as a factor in its the quality measurements starting in 2025. Facilities would need begin reporting that information in 2023.

CMS also wants to convert the standardized transfusion ratio reporting measure, which tracks how many red blood cell transfusions a facility performs relative to the national average, into a clinical measure starting in 2025.

The agency also would update scoring methodology so dialysis providers that meet prior minimum data and eligibility requirements receive scores based on clinical value. CMS also proposes converting the clinical measure for hypercalcemia—when calcium levels in the blood are too high—to a reporting measure and identifying replacement metrics that more accurately reflect quality improvement.

Additionally, the agency requests input about home dialysis quality indicators. Some quality measures apply to home dialysis, but not all. Providers that perform higher rates of home dialysis are subject to fewer quality measures as a result.

CMS also solicits feedback on how to use measurement and stratification to improve health equity at ESRD facilities and on whether to include social determinants of health screening measures in future payment regulations.

The proposed rule includes changes to the scoring methodology and patient education services under the ESRD Treatment Choices Model. The mandatory Center for Medicare and Medicaid Innovation payment initiative began in January 2021 and runs through June 2027. CMS modified the model last year to create incentives for providers to reduce disparities in home dialysis and kidney transplant rates.

The agency also proposes add-on payment adjustments for three new dialysis-related products.



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ICER’s 2022 “Barriers to Fair Access Assessment” Protocol – Healthcare Economist

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How does ICER plan to determine whether health plans offer fair access to pharmaceuticals? I summarized their approach last year as outlined in their white paper titled “Cornerstones of ‘Fair’ Drug Coverage: Appropriate Cost-Sharing and Utilization Management Policies for Pharmaceuticals.” Last month, final protocol for their “Barriers to Fair Access Assessment“. While the approach follows their previous protocol and white paper, not all all the criteria in this white paper are being evaluated. Which criteria is ICER evaluating? I have summarized the criteria ICER plans to include and exclude in their “Fair Access” assessment below.





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Friday, June 17, 2022

The looming insolvency of Medicare’s Hospital Trust Fund

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According to the Medicare Trustees Report released in early June, the Hospital Insurance Trust Fund, which pays for hospital services in Medicare Part A, is going to be insolvent by 2028—two years later than the estimate released last year. As a result, lawmakers will be tempted to discard insolvency as a nonurgent issue.

In reality, however, the report underlines just how urgent the problem is. Given the economic uncertainty, surging inflation, and the ongoing public health emergency, we were lucky to have a surplus last year. In fact, the last five trustees reports have predicted insolvency within 10 years. The looming insolvency needs to be fixed through meaningful reform, yet Congress is virtually mum, and the longer we wait, the more painful insolvency will be for hospitals, taxpayers and the 62 million beneficiaries who rely on Medicare’s coverage.

In particular, failure to address the issue will inevitably affect hospital revenue. The exact nature of those effects will depend on when and how Congress decides to act. While facing the music in an election year may seem like a politically foolish thing to do, healthcare leaders simply can’t afford to allow lawmakers to keep kicking the can down the road.

The Hospital Insurance Trust Fund is almost entirely funded by a payroll tax. As the population ages and healthcare prices go up, expenses are growing faster than revenue. If Congress doesn’t take action to avert insolvency, providers stand to take a steep cut in reimbursement. It’s either that or beneficiaries will lose access to some of the services they need.

This is not the first time that the trust fund has been in dire circumstances. Anyone who was around in the 1990s remembers that the threat of insolvency was part of the political debate for years. Congress addressed the issue in 1997, four years before the anticipated insolvency, passing a short-term fix to use general revenue to make up for the shortfall in payroll taxes. Today, we are in the same situation. So, what has Congress done? The Senate Finance Committee held a hearing in February of this year, but no legislation has come of it. And no hearings have been set in the House.

Two facts explain the lack of action: Medicare is extremely popular, and the emergency is currently invisible to providers and beneficiaries. In the wake of a pandemic that took the lives of hundreds of thousands of seniors and weakened millions more, and in light of the number of emergencies facing the country and the midterm elections right around the corner, touching Medicare is tantamount to political suicide. Indeed, it’s universally difficult to take credit for averting a crisis that no one ever felt. The problem is, we cannot afford to wait.

Congress has two options to stop the fund from hemorrhaging money: It can either bring in more funding or cut spending.

Bringing in more money is straightforward: Congress can raise taxes. The Medicare payroll tax is 2.9%. Half of it is paid for by employers and is rarely displayed on pay stubs, so Americans don’t feel its full effect. But if increasing revenue is the route Congress chooses, the payroll tax will go up. Depending on the economic situation a few years down the road, the increase could further damage Americans’ purchasing power and erect new barriers to accessing care.

Cutting spending is a bit more complex, and Congress will have to pick its victims. Lawmakers can choose to cut payments to hospitals in the form of lower reimbursement rates for Part A beneficiaries’ care. Under the status quo, experts anticipate a 9% cut when insolvency hits. Lower reimbursement rates risk putting hospital executives in a bind, especially those who have a Medicare-heavy patient mix.

Lawmakers could also push more of the burden of paying for care onto beneficiaries. All things kept equal, greater cost-sharing leads to lower consumption of healthcare services. The drop in demand for care can lead to short-term reimbursement downfalls and long-term uncertainty regarding future healthcare needs of patients forgoing care.

Ultimately, political pressures will determine what combination of these options materializes. For now the question remains: When will lawmakers start seriously debating these options? The nation faces an astounding number of problems. But the economic situation and lack of leadership are topping the charts of voters’ most important concerns. Now is the time for Congress to address the trust fund’s impending insolvency and devise long-term solutions that preserve access to quality, affordable healthcare.



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FTC opposition ends another hospital deal

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HCA Healthcare on Thursday called off its proposed acquisition of five Steward Health Care System hospitals in Utah amid opposition from federal regulators.

The Federal Trade Commission filed a lawsuit June 2 to block the proposed transaction, which would have reduced the number of health systems offering acute services from three to two in some markets. The acquisition would have ended Steward’s role as a direct competitor and increased HCA’s bargaining power with insurers, resulting in higher prices that would’ve been passed onto consumers via increased premiums, deductibles and out-of-pocket expenses, the FTC said.

“This should be a lesson learned to hospital systems all over the country and their counsel: the FTC will not hesitate to take action in enforcing the antitrust laws to protect healthcare consumers who are faced with unlawful hospital consolidation,” Holly Vedova, director of the FTC’s bureau of competition, said in a news release late Thursday.

For-profit hospital chain HCA, of Nashville, Tennessee, did not respond to requests for comment. Dallas-based, for-profit Steward did not immediately provide a comment.

HCA operates eight hospitals in Utah, six of which are in the Salt Lake City area, making it the second-largest system in the region behind Intermountain Healthcare. Steward has five hospitals in the area.

The HCA-Steward deal was the second hospital transaction nixed this week. RWJBarnabas Health on Tuesday scrapped its proposal to acquire St. Peter’s Healthcare System in New Brunswick, New Jersey. The West Orange, New Jersey-based not-for-profit health system said it and St. Peter’s mutually agreed to end the transaction, which the FTC said would’ve given the combined entity about 50% of market share for general acute care services in Middlesex County.



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States extend Medicaid for new mothers — even as they reject broader expansion

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Until last year, Georgia’s Medicaid coverage for new moms with low incomes lasted 60 days.

That meant the Medicaid benefits of many women expired before they could be referred to other medical providers for help with serious health problems, said Dr. Keila Brown, an OB-GYN in Atlanta. “If they needed other postpartum issues followed up, it was rather difficult to get them in within that finite period of time,” said Brown, who works at the Family Health Centers of Georgia, a group of community health centers.

Georgia lawmakers, recognizing the state’s high rate of pregnancy-related deaths, have taken action. In 2021, Georgia extended the Medicaid coverage window to six months postpartum. And, now, the state plans to broaden that benefits period to a year.

Georgia is one of a dozen states that have opted not to fully expand Medicaid — the federal-state health insurance program for people with low incomes or disabilities — under the Affordable Care Act. But nine of those states, mostly in the South, have sought or plan to seek an extension of postpartum Medicaid coverage, in many cases to a full year after a birth.

Some took advantage of a provision of the American Rescue Plan Act that allows states to extend coverage using a Medicaid state plan amendment, an easier path than applying for a federal waiver. The option is currently available to states only until March 31, 2027.

The extensions have political overtones. Some maternal health advocates say the new postpartum benefits could open the door to Medicaid expansion in some states. But other advocates say the extensions provide cover to lawmakers who don’t want to fully expand Medicaid, which would give longer-lasting insurance coverage to these low-income women and others.

Lawmakers, physicians, and patient advocates point to high rates of maternal mortality as a reason to extend maternity coverage — as well as the positive impacts it could have on women’s health generally.

Maternal health is on the mind of policy analysts, doctors, and advocates because the U.S. Supreme Court seems poised to upend abortion policy nationwide. States across the country, many of them in the South, have plans to restrict access to abortion if the court overturns its 1973 Roe v. Wade decision, which established the right to an abortion. New limits on abortion access could mean an increase in the number of women who continue their pregnancies and need postpartum care.

Nearly 2 in 3 pregnancy-related deaths are preventable, and 1 in 3 happen one week to one year after delivery, according to the Centers for Disease Control and Prevention. Many of these deaths are associated with chronic health conditions, and Black and Indigenous women are more likely to die than white women.

Medicaid pays for an estimated 42% of U.S. births, so health advocates suggest that expanding the insurance program to reach more mothers for longer would improve maternal health and save more lives.

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A recent report on maternal mortality from Tennessee’s health department linked many maternal deaths to substance use disorder, mental health conditions, and heart disease. A year of continuous Medicaid coverage could help mothers address those problems, said Dr. Nikki Zite, an OB-GYN in Knoxville.

The state’s extension of coverage from 60 days to one year officially started April 1.

“You can’t solve all problems in a year, but I think you can get a much better grasp of control on some of these problems in a year than you could in six to eight weeks — especially when that six to eight weeks was pretty much dominated by new infant care,” Zite said.

Policy experts say the move to a year of postpartum Medicaid coverage, while important, solves only one part of the maternal health puzzle.

“A lot of these are conditions — for example, hypertension, cardiovascular conditions — which need to be addressed before a woman gets pregnant,” said Joan Alker, a research professor at the Georgetown University McCourt School of Public Policy.

And women, whether they’re pregnant or new mothers, can more easily get treatment for those conditions in Medicaid expansion states, Alker said. A 2020 study found that mothers in the states that had expanded Medicaid coverage had better health outcomes than those in non-expansion states.

Dr. Bonzo Reddick, a family practice doctor in Savannah, Georgia, said Medicaid expansion also reduces demand for abortion. “How you can prevent a lot of abortions is by having contraception available to people,” he said.

For now, states must continue Medicaid coverage until the COVID-related public health emergency ends, so women currently enrolled aren’t falling through the cracks.

In a 2021 issue brief, federal health researchers said about 20% of people with pregnancy-related Medicaid become uninsured within six months of giving birth, including in states that have fully expanded Medicaid. The percentage is nearly double in non-expansion states.

That drop-off in coverage is why states as politically diverse as California, Oregon, Kentucky, Ohio, and Louisiana — all states that have expanded Medicaid — have instituted the 12-month maternal coverage extension. As many as 720,000 women across the country would qualify if all states adopted the longer coverage, according to a federal estimate.

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