Tag Archives: Employees

More doctors become hospital employees, facing noncompetes | Healthcare Dive

The proletarianization of physicians marches on. As you recall from my reviews of “Health Care under the Knife”, there has been a steady movement towards making physicians into employees of hospitals, or rather their proletarianization. Now it seems they are up against noncompetes, as the article below reports.

Here is the link to the article:

Legal experts say noncompete agreements are common practice for hospitals, and are usually enforceable. But physicians, and in some cases the courts, are pushing back.

Source: More doctors become hospital employees, facing noncompetes | Healthcare Dive

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On the Job Injury Costs Rising

Turning back to the original subject of this blog, workers’ comp issues, two articles this week discusses two recent reports that examine the issue of workplace safety.

The first article highlights the fact that despite a drop in the number of workplace injuries, the cost of those injuries and illnesses continues to rise, according to the 2018 Liberty Mutual Workplace Safety Index.

According to the Safety Index, the number of most serious injuries and illnesses fell by 1.5%, yet their cost, including medical and lost-wage payments, rose by 2.9% between the 2017 and 2018 reports.

Total cost of the most disabling work-related injuries was $58.5 billion, with the 10 leading causes accounting for $51.4 billion of the total, the Index reported.

An earlier post in this blog has discussed this issue before.

The top cause of workplace injuries, according to the Index, was overexertion, costing employers $13.7 billion in 2015. Falls on the same level came after that at a cost of $11.2 billion, while falls at a lower level cost another $5.9 billion.

Finally, rounding out the top five causes, were struck by object or equipment at $5.3 billion, and other exertions or bodily reactions at nearly $4.2 billon, the Index reported.

The second article discusses a report issued by the AFL-CIO on making workplaces safer. The report outlines the state of safety and health protections for American workers, and includes state and national information on workplace fatalities, injuries, illnesses, the number and frequency of workplace inspections, penalties, funding, staffing and public employee coverage under OSHA (Occupational Safety and Health Act). It also has information on mine safety and health.

A side note here: On Tuesday, the voters in West Virginia defeated Don Blankenship, the former Chairman and CEO of Massey Energy Company, who was convicted and spent a year in prison for his role in a mine safety disaster, who ran for the Republican nomination for US Senator. Blankenship not only ran a lackluster campaign, but engaged in calling Senate Majority Leader McConnell a few choice names, and attacked his wife and father-in-law because they are Chinese. He chose to use racist language to attack McConnell’s family,

But back to the issue at hand.

In 2016, there were 5,190 workplace deaths due to traumatic injuries, which was an increase over the 4,836 deaths reported in 2015. The rate of fatalities in 2016 also increased from 3.4 per 100,000 in 2015 to 3.6 per 100,000 in 2016.

Since Congress enacted the OSH Act, more than 579,000 workers can claim that their lives have been saved. But the article states that too many workers remain at serious risk of injury, illness or death as a result of chemical plant explosions, major fires, construction collapses, and other preventable tragedies. Add to that, workplace violence is increasing.

Key points to consider:

  • An average of 14 workers die because of job injuries; does not include death from occupational diseases, estimated to be 50,000 – 60,000 each year
  • In 2016, nearly 3.7 million workers across all industries, plus state and local governments, had work-related injuries and illnesses; 2.9 million reported by employers in private industry
  • Due to limitations on current reporting system, true toll is estimated to be two or three times greater, or 7.4 – 11.1 million injuries and illnesses a year
  • Cost of these injuries and illnesses estimated at $250 billion to $360 billion

Key takeaways:

  • During eight years of Obama administration, a strong track record on worker safety and health was achieved. Dedicated pro-worker advocates appointed to lead job safety agencies, increase budget for job safety, stepped up enforcement and strengthened workers’ rights, landmark legislation protecting workers from silica and coal dust issued, long-overdue rules on other serious safety and health hazards, including beryllium and confined space entry in construction industry introduced
  • Opposition by business groups and Republican-led Congress thwarted action on a number of initiatives, but at end of eight years, Obama administration put in place protections, policies, and programs that made jobs safer, reduced injuries and illnesses, and saved workers’ lives

Compare that to what the current anti-worker, pro-business fascist regime in Washington is doing to not only roll back the work of the Obama administration, but to undo all the safeguards and protections workers had fought and died for over the past century.

There is even consideration of looking at the child labor laws. Instead of draining the swamp, the head of this regime has nominated a coal industry executive to head the Mine Safety and Health Administration.

Folks, this gang of corporate criminals wants to make America great again by not moving forward, but by moving backward. They want to take the country back, alright — right back to the 19th century when businesses did whatever they wanted, workers had no rights, and if you got injured or ill on the job, it was too bad. Or maybe it was your fault. That was the verdict in the civil case against the two owners of the Triangle Shirtwaist Company, whose factory went up in flames in March 1911, and led to enactment of workers’ compensation laws and fire codes.

And the sad thing is, there are many business professionals who support and defend this regime and its leader, especially on social media sites like LinkedIn. They are not CEOs or Presidents of companies, although some maybe, albeit small ones. They do have executive titles at the managerial, supervisory or vice presidential levels. They are not informed about the struggles workers endured during the last century to gain those rights and protections. And until the labor movement, and the union leadership regains their rightful place as defenders of those rights, these actions will continue until they are gone forever.

 

New Study Concludes States with Employer Choice Have Higher Claim Costs

While scanning LinkedIn yesterday afternoon, I noticed someone had posted a link to an article in the Journal of Occupational and Environmental Medicine (JOEM) early last month.

The abstract stated that the financial impact of choice of physician within workers’ compensation had not be well studied, and that the purpose of the article was to assess the difference in cost between employer and employee directed choice of physician.

As many of you will recall, this subject was one of the first topics I covered when I began my blog over five years ago.

The following articles are linked here for your review:

Employee vs Employer Choice of Physician: How best to Incorporate Medical Tourism into Workers’ Compensation

Employee vs. Employer Choice of Physician Revisited: Additional Commentary on How Best to Incorporate Medical Tourism into Workers’ Compensation

Employer Choice States See Lower Claim Costs

Follow-up to Employee/Employer Choice: Three Years Later

The authors, Tao, Leung, Kalia, Lavin, Yuspeh, Bernacki (2017) analyzed 35,640 indemnity lost time claims from a 13-year period at a nationwide company, using multivariate logistic regression to determine association of medical direction with high-cost of claims.

Tao et al. found that states that have employer-directed choice of physician have lower risk of having high cost claims, greater than or equal to, $50,000, but had higher attorney involvement compared to employee direction. Their results showed that the net effect of attorneys offset the benefits of employer choice.

This study may be in line with the WCRI study I cited in the article above, “Employer Choice States See Lower Claim Costs”, but because of higher attorney involvement, the benefits are negated.

They concluded that states that permit employer selection of treating physician have higher cost due to greater participation by attorneys in the claims process.

Ashley Furniture and Medical Travel, part 2

As promised last month, here is the Spotlight article from Medical Travel Today.com about Ashley Furniture’s foray into Medical Travel for their employees.

In case you missed it, here is the link to part 1 of the article.

Ashley Furniture and Medical Travel, part 1

From the One Hand Washes the Other department comes the following Spotlight article from Medical Travel Today.com.

Ashley Furniture, based in Wisconsin, is one of the largest manufacturers of home furnishings in the world.

I met Rajesh Rao in 2014 when I attended the Costa Rican Medical Travel Summit in Miami Beach. Rajesh’s company was also instrumental in convincing another furniture manufacturer, HSM in North Carolina, to first send patients to India, then to Costa Rica for medical care. I have written about this in previous posts.

This article is part one, and part two will run next month.

Now It’s Personal

Last week, some of my LinkedIn connections, as well as several other connections, learned of my recent hospitalization. The reason for this was not mentioned at the time, but I will tell you now.

Not having health insurance through an employer, and being denied renewal of a local county health care program, led to my going from Stage 4 to End Stage Kidney Disease.

The hospitalization last week was to place a catheter in me for peritoneal dialysis, and to repair an umbilical hernia.

My hospitalization was brought to light quite unexpectedly by my friend, Maria Todd. Maria’s sending best wishes for my speedy recovery and quick discharge from the hospital was much appreciated, and the warm words by others in response, and the thirty plus “likes” made me feel that people cared. For that. I am grateful.

But the events of the past month have brought home to me one very important point, given the current activity surrounding the so-called “repeal and replace” of the ACA, and the two Congressional bills that many consider doing more harm than good.

This nation needs Medicare for All.

There, I said it.

I know in the past, I have advocated single payer for others, but my illness has shown that anyone who loses health care for any amount of time, once they have reached adulthood, cannot go without health insurance.

This is what happens when men and women are removed prematurely from the workforce, for whatever reason, employer decides you are no longer wanted, economic downturn or just to eliminate positions that affect the bottom-line of the company, and are generally targeted to individuals in their 40’s, 50’s and early 60’s so that the company can save on health care costs for those employees, and so that younger workers can be hired to replace them.

This is not something new, and not related to automation and artificial intelligence disrupting whole industries, which is inevitable.

My initial view on single-payer was that if employers were no longer responsible for the health insurance of their employees, and they were guaranteed full coverage by the government, some of the job losses of the past decades would not have happened, and many talented men and women out of the workforce would be employed until their retirement.

If you don’t believe me, go to LinkedIn and read the many posts from such individuals who are still unemployed. One fellow in Texas even got turned down from jobs at fast food restaurants.

So, now it is personal for me.

I also know that many of you make your living from the health care system we currently have, and that some of you have expounded on why you think a single payer system is unrealistic.

I get it that your financial outlook depends on working in a broken, free-market system because it pays your salary, but healthcare was not supposed to be a business, nor was it supposed to marketed like any other commodity.

If you don’t believe me, read what Pope Francis said: “health is not a consumer good, but rather a universal right, and therefore access to health care services cannot be a privilege.”

But try telling that to Messrs. McConnell, Ryan, Paul, et al in Congress, and the current POTUS, all of whom want to eliminate medical coverage for millions of Americans they received under the ACA, cut back Medicare and Medicaid, and destroy Social Security.

Now that I will be receiving dialysis, and quite likely will qualify for disability, the prospect of not having those resources is very personal to me, and could literally mean my life.

Look in the mirror, then look at your spouse, your children, your parents, your neighbors, friends, etc. What do you think would happen to them if these programs were eliminated? Would you have enough money to care for them? Would you have money to pay for private insurance?

I lost my mother last month to dementia. She died on her 85th birthday in a nursing home some miles from my home (the home she and my father bought), but if the Republicans in Congress had gotten their way, and she had lived longer, I feared she would have been forced out of that nursing home, with no place to go, and would have been an even bigger burden to me.

So, I really don’t care if you are a Democrat, Republican, Independent, Libertarian, Socialist, Liberal, or Conservative, we all need health care at some point in our lives.

One of the friends I met here in Florida back in the 90’s died last July of a stroke. He was 73. He worked out, never smoked, had a good life, three kids, and like many of you, worked in Risk Management, as well as Human Resources, the legal profession, and served in Vietnam. But despite all that, he died prematurely, and went into involuntary retirement because he was in his 60’s. Luckily, his wife worked. But you get the picture.

We must all do our part to see that every American can get health care. Not just access to care, which is a Republican euphemism for being able to afford it, and if you can’t, too bad. But actual health insurance. Medicare for All.

Washington State Workers’ Comp Accepts Foreign Medical Providers

Seven years ago, when I was working on my MHA degree, I wrote a paper which has become the basis of this blog.

During that time, I found the website of the Department of Labor & Industries for Washington State, and was surprised to find landing pages that listed physicians in Canada, Mexico, and other countries. These countries were mentioned in my paper, and I have referred to it in subsequent posts from time to time.

However, in the period since, I have noticed that the landing page for other countries was removed. I contacted WA state a while back and was told they were updating it. Yet, as of recently, it is still not been replaced, so I contacted them again yesterday.

I received a reply from Cheryl D’Angelo-Gary, Health Services Analyst at the WA Department of Labor & Industries. She indicated in her response that she is the business owner of the Find a Doctor application (FAD).

According to Ms. D’Angelo-Gary, “our experience showed that most of Washington’s injured workers who leave the country travel to one of these adjacent nations. Workers who travel further afield are advised to work with their claim manager to locate (or likely recruit) a provider. All worker comp claims with overseas mailing addresses are handled by a team of claim managers who have some extra training to help the worker find a qualified provider.”

I asked her to clarify this statement further in my next email by asking if this means that any claimant who travels outside of North America will have to ask the claims manager to find them a doctor.

She replied, “interesting questions!” She also differentiated between an injured worker who is traveling versus one who has relocated out of country.

She went on to say that, “a worker who is traveling and needs claim-related care would be instructed to seek treatment at an ER or urgent care clinic, where the providers do not need to be part of our network and would not be providing ongoing treatment. To be paid, the provider would have to send us a bill and a completed non-network application (available online). Under no circumstances should the provider bill the worker.”

However, she continued, “a worker who has relocated overseas must send in a change of address (required whenever a worker moves). That allows us to transfer management of the claim to a unit that specializes in out-of-country claims. The claim manager would work with the injured worker to help the worker find somebody in their new location. It’s critical (per state law) that the worker choose their own provider, though the provider must meet our requirements and standards of care. Proactive workers tend to handle this well, and find a provider in very little time; less proactive workers can find this challenging. We’re currently looking at this process to see how we can do this better.”

And in final emails to her last night, I tied the first scenario to medical travel, and the second scenario to ex-pats living abroad, but needing medical care. I also asked about workers who wanted to travel back to their home country for medical care, and said that I write about medical travel for workers’ comp.

As of today, I have not heard back, but it is early, and there is a three-hour difference between us.

It must be pointed out that WA state is what is termed a ‘monopolistic state’ in that the state does all the work of handling workers’ comp insurance and claims. Thus, when Ms. D’Angelo-Gary says that worker must work with the claim manager, the claim manager in question is a state employee, and not an employee of a commercial insurance company.

It may be possible, therefore, for medical travel to be implemented in workers’ comp, and it should be something that the medical travel industry and the state should explore together. Ms. D’Angelo-Gary did say they were looking at this process to do better. What better way to improve the process then by utilizing medical travel?