Judge Orders Uncharitable Nonprofit Hospitals to Pay Taxes

2 min

Many school systems rely on property taxes for most of their budget. When a school district in Chester County, Pennsylvania challenged the charitable results of three nonprofit hospitals owned by Tower Health, they exposed the unethical practices that allow many nonprofit hospitals to beat the system. The school district won.

Nonprofit hospitals are supposed to provide acceptable levels of free care to the community in exchange for not paying property taxes. The judge in this case concluded that the results for three Tower Health hospitals “did not show a substantial donation of services” and ordered the hospital to start paying taxes.

The basis for this decision is indisputable:

  • Phoenixville Hospital | A mere 0.00076 percent of patients received free services (only 162 of 199,405 people to whom services were rendered last year)
  • Brandywine Hospital | Just 0.052 percent of patients received free services
  • Jennersville Hospital | Only 0.053 percent of patients received free services

The judge also ruled that lucrative executive bonus plans tied to financial performance disqualified the hospitals from a tax exemption. The compensation plan was clearly a pass through of tax savings to hospital executives.

Questionable Accounting

Another revelation from this case reinforced that writing off bad debt does not equal donated services. “An institution that treats patients efficiently and at a cost lower than the stated reimbursement percentage gets the same payment as an inefficient institution,” the judge stated. “To write off bad debts is not charity when the hospitals decide not to pursue the collection of these accounts even though there was, in the hospitals’ determination, a means to pay. The bad debt write-offs do not equal an increase in donated care.”

The court also ruled that the hospitals’ reliance on a “master charge sheet” — a common feature in hospital finance offices — was meritless because the hospitals’ own witness testified that this charge master has no meaning or value. The witness stated, “The numbers, essentially, are pulled out of thin air and are created only because [the hospital] is required to have a charge sheet to satisfy federal requirements.”

The hospitals contended they had each lost money, revealing that Tower Health had charged them fees in excess of $43 million in 2020 alone. The court rightfully questioned the company’s administrative structure and executive compensation schemes that drained “huge sums…from the [hospitals and to Tower Health], resulting in the hospital ‘showing’ a large net loss.”

A Sign of Things to Come?

Although the Tower Health decision will likely be appealed, it sounds a warning bell for nonprofit hospitals and health systems that have avoided taxes for decades. The decision is a judicial duck test. If a nonprofit organization looks, acts, and compensates itself like a for-profit company, it may be treated like a for-profit company. At the very least, it won’t be treated like a “charity.”

It’s time for hospitals to become efficiently run, tax-paying citizens with rationale cost accounting and transparent pricing — especially those that aren’t living up to their mandate as charitable, nonprofit entities.

JAMA | Broken Health Benefits Market Reduces Quality of Life

2 min

A recent article posted to JAMA Network reveals how the dysfunctional interests of insurers, hospitals, pharmaceutical companies, and PBMs ultimately reduce quality of life for U.S. employees through financial distress induced by the health benefits market.

According to the authors, “It is assumed that insurers compete intensely to improve the value received by employers and employees by negotiating to keep prices down and advocating for employers and employees.” This is not the case, however.

The article shares that “…the mean premium for family coverage increased by 55% from 2010 to 2020 (from $13,770 to $21,342) and employee contributions increased by 40% (from $3,997 to $5,588). Deductibles per enrolled individual increased 110% (from $646 to $1,364) and, to reduce monthly premium deductions from their paychecks, 31% of employees are now enrolled in high-deductible health plans.

“Partly as a result of employer-paid costs of employee benefits rising faster than employer income…take-home pay for most workers stagnated, with real median wages increasing 11% from $62,865 in 2007 to $69,560 in 2019, depriving employees of wage gains resulting from growth in their productivity.

“In the absence of intense counterpressure from insurers, hospitals and most other health care organizations have prioritized growth of high-priced services and developed costly marketing strategies, rather than restructuring to become a low-cost, high-quality solution for employees.”

The top three health insurers work aggressively to increase their monopoly market share of provider contracts that offer little value yet keep providers from pursuing arrangements with alternative payers. Compounding this, healthcare competition is severely hindered as more health systems, many of which don’t pay taxes, merge and purchase hospitals and physician practices, raising prices with each acquisition.

In examining insurance company revenue, profit, and shareholder dynamics, the authors illustrate, shockingly, that “Even if an insurer manages to improve profit margins by 20% while slowing per capita spending growth to 2%, their projected share prices would be lower than if per capita spending growth continued to increase at a 4% rate.” Read that again.

Employers and employees are effectively trapped in this dysfunctional industry matrix that prioritizes rapid growth and financial performance for shareholders.

Although higher healthcare costs are an obvious result of this aberrant system, other costs are more subtle and toxic. In an effort to maintain financial viability, employers often transfer higher health plan costs to employees through lower or no wage increases and higher payroll deductions, plans deductibles, co-insurance, and co-pays.

In the end, employees experience net wage stagnation, are unable to pay their out-of-pocket share when they use healthcare, avoid getting preventive and chronic care, and endure a diminishing quality of life as a direct result of an underperforming healthcare market.

What’s needed are seismic structural changes throughout the industry and better enforcement of regulations designed to accelerate price transparency and competition. In the meantime, employers play a key role in disrupting a system that actively works against the best interests of their organization and their employees.

How? By choosing a high-performance health plan that can save 30%+ over legacy insurance carrier plans while delivering high-quality care and improved member support. When better benefits are offered at a lower cost, employers can improve the quality of life of their workforce and their families.

Best Practices in Shafting Patients and Employer Health Plans

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In 2008, a box of 30 prescription suppositories sold for less than $200. In 2021, the same box cost $10,000 — an outrageous increase of 4,900%. Is there any better example of how employer health plan sponsors and patients are getting shafted by a dysfunctional health care industry?

Creative profiteering has become a criminal art form as evidenced by the 2021 Shkreli Awards, so named for the “Pharma Bro” whose egregious price hikes shocked the world. We wish we could say Shkreli and the latest award winners are the exception. They’re not, and patients continue to suffer without access to affordable prescription drugs and health care.

Plan sponsors can mitigate this dysfunction with employee health plans that challenge the current state of affairs with accurate, timely data, and clear medical evidence. Claims should include pre-payment integrity controls based on value instead of whatever trumped-up charges are billed. And everyone benefits from a high-performing formulary that uses clinical evidence to balance comparative drug effectiveness with costs.

It’s time to take action that eliminates the industry’s figurative suppositories foisted upon plan members and employer plan sponsors.

WATCH | Health Plan Funding Options: Financial Facts and Fables

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Self-Insurance - On-Demand Landing Page

It’s not always apparent that the ability to control costs is directly impacted by how an employee health plan is funded. From fully-funded to self-insured, choosing the right insurance model is key to optimizing reimbursement and maximizing value and savings.

Brokers and employers can benefit from having a deeper understanding of risk transfer and health plan funding. Without such clarity, it can be difficult to establish insurance arrangements that optimize cost control.

Watch our fast-moving, 30-minute on-demand webinar to acquire the information you need to:

  • Know the gradations of fund planning and their respective pros and cons
  • Understand why fully-insured plans typically offer minimal cost controls
  • Realize that self-funding is appropriate for employers of all sizes
  • Learn how to maximize savings and value with a high performance health plan
  • Estimate current overspending and cost-saving opportunities

Watch now and contact Vitori Health for personalized insights into shaping and influencing an optimized health plan.

U.S. Healthcare Costs Exceed CPI as Much as 347%. Stop the Madness!

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How can an image be worth a thousand words when it leaves you speechless? How can anyone justify why trillions of dollars in doctor services, drugs, and medical care expenditures exceed the Consumer Price Index, with hospital services exceeding at a whopping 347%?

What if food, housing, and utility costs increased at such rates over the past 30 years? It’s a nightmare that’s unthinkable… and unsustainable.

Percentage Change in Cost

A report issued by The Commonwealth Fund comparing U.S. healthcare to other high income countries states that the “United States ranks last overall, despite spending far more of its gross domestic product on health care.” The U.S. also ranks last on access to care, administrative efficiency, equity, and health care outcomes.

Wholesale changes to the healthcare industry are needed to slow this outrageous cost trend and improve the value of care delivered. Instead of waiting, forward-thinking employers are embracing high-performance health plans that adhere to ethical billing practices, strict cost controls, and fair market payments. Doing anything less just perpetuates the madness.

Telehealth Provides Better Employee Access to Important Mental Health Care

2 min

As we approach two years of coping with COVID-19 and its latest variants, there is a burgeoning need for mental health services. The American Psychological Association (APA) describes it as a “health care tsunami” with 84% of psychologists reporting an increase in demand for anxiety treatment since the start of the pandemic.

This demand has exacerbated the usual difficulties in getting needed mental health care: providers who don’t accept insurance plans, practices closed to new patients, the high cost of out-of-network care, and a limited number of local (and overburdened) practitioners in some areas.

Decreased Productivity

Businesses are also adversely affected by COVID. It’s hard for employees to stay focused and efficient when they’re worried about their health and safety at work, at home, and in the community. Concerns are compounded with children in school or daycare and family members in shared or congregate housing.

As a result of these pandemic-related stresses, Harvard Business Review reports that most companies “are less productive now than they were 12 months ago” as employees struggle to balance the new realities of work and home. The best way to improve productivity is for employee health plans to effectively reduce the barriers to quality mental health care.

Telehealth Leads the Way

Collaborative technologies have changed the way we work and access health care during the pandemic, and that change is here to stay. According to an APA survey, 96% of psychologists said that telehealth “has proven its effectiveness as a therapeutic tool” with 93% intending to continue providing telehealth options after the pandemic.

Telehealth eliminates the physical barriers to quality mental health services, making it available to all employees regardless of location. It can also make such care financially accessible. Forward-looking employee health plans offer telehealth services that are completely free to members. It’s a small price to pay for the priceless benefits of employee wellbeing and productivity.

Consumers Paid $1.6 Billion More for 7 Drugs with No Proof of New Benefits

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2020 was a very good year for pharmaceutical manufacturers. According to an independent analysis by the Institute for Clinical and Economic Review (ICER), Americans spent an additional $1.67 billion on seven drugs whose price increases were not supported by new or improved clinical evidence. And this was after pharmaceutical rebates and other concessions!

How is this egregious behavior possible? Manufacturers continue raising prices, sometimes without clinical justification, and push higher costs to PBMs. And PBMs continue including super-expensive drugs on employer health plan formularies, pushing higher costs along to employers and plan members.

What’s an employer to do? Here are two strategies that can help control spiraling costs while ensuring a safe, clinically-effective formulary.

Build a Better Formulary

The best approach is to create a non-PBM pharmacy plan whose formulary is based on comparative effectiveness research. The only drugs that make it onto the formulary are those whose medical efficacy has been fully researched and documented.

A high-cost drug can be included, if warranted, along with lower priced alternatives that may be equally effective. Since not every drug is right for everyone, clinical management of the formulary ensures members don’t pay more than is medically necessary.

Implement Pricing Controls

Employers can achieve the lowest net cost for the plan by using non-PBM pricing controls and technology. The formula for success looks like this:

Clinical Integrity + Optimized Pricing Technology =
Lowest Net Cost & Maximum Value

In summary, PBMs can’t deliver optimal pharmacy plan performance because their revenue model is at odds with medical evidence and ethical procurement and administration practices. Employers and covered members deserve better value than PBMs can provide and the confidence that their formulary delivers the best clinical outcomes at the lowest net cost.

Vitori Health CEO Shares Market Success and Growth Plans

2 min

In an interview with Mergermarket, a leading provider of M&A data and intelligence, Tim O’Brien, CEO of Vitori Health, shared that he would consider acquisitions as part of the firm’s overall growth strategy.

Tim OBrienVitori’s focus for the next few years will be growing its revenue and customer base and scaling its business nationwide. According to O’Brien, “We have found strong initial success, with client plan members in 48 states. And we’ve seen strong interest from brokers and advisors looking to save costs for their self-insured client health plans.”

The firm is in talks with about 100 organizations exploring health plan options, and anticipates administering more than 100,000 lives by the end of 2022. Vitori also expects to grow its workforce in that time by a factor of five, and has been hiring an average of three people per week to handle growth. Revenue for 2022 is projected to be double what is booked for 2021, and profits will be reinvested into growth and resources to enhance member value.

The company administers fair-market prices for services, sources prescription drugs, and streamlines claims to deliver savings that Vitori backs with a monetary guarantee. Employers who sponsor their own health insurance get claims administration, pharmacy benefits and member support under one umbrella. Service providers benefit from receiving market-determined payments in a timely fashion.

With successful and continued growth, the company would consider buying smaller administrators that are unable to quickly scale up their technology to competitive standards and that could use Vitori’s platform. Although Vitori has already been approached by companies looking to sell, it plans to build what it needs internally.

“We’re really focused on growth,” said O’Brien, “and we’ve got a great trajectory.”

5 Principles of Next Gen Healthcare Leadership in Our New Normal World

3 min

We are living in a time when leadership is at a premium. This is especially true as we adapt to a “new normal” in our personal and professional lives. In the healthcare arena, the premium on leadership is multiplied by several factors.

  • We have a costly, opaque, anticompetitive, and inefficient system.
  • Health care represents 1 in every 5 dollars of Gross Domestic Product and continues to grow faster than any other consumer price index category.
  • Like food, housing, and a means to support oneself and one’s family, health is a deeply personal necessity. Illness, injury, and disease compromise our ability to meet life needs. A lack of access to health care or to affordable health care compounds the consequences of personal and family health challenges.

These factors should elevate the expectations of next generation leadership in the health sector and hold us to higher standards in our current efforts and especially in our capacity to influence change.

It is not my intent to define leadership here. This has been done many times in many places. However, I’d like to suggest that as executive leaders within a healthcare ecosystem that needs great improvements, we should hold ourselves to next generation aims and actions. Here are some tenets that might help to keep us pointed in the right direction.

Leading Healthcare with Integrity
1. Do no harm.*

Questionable practices across stakeholders in the U.S. healthcare, pharma, and insurance systems have shaken the foundation of trust. Many “solutions” created by the legacy industry and new entrants inherit the current system’s ethical challenges, such as egregious billing and shared savings, hidden fees, and unscrupulous contracts.

Many are smaller versions of the same problems. For example, direct contracting meant to address valueless provider networks is often based on the same model of discounts off price-blind billing.

As next generation leaders, we need to ask, and answer, hard questions. Are we creating and delivering integrity-based products and services? Are our decisions and actions improving affordability? Lowering barriers to access? Increasing transparency? Creating more competition? Eliminating conflicts of interest? Making things better for patients, care providers, and payers?

* Contrary to popular belief, “do no harm” isn’t actually a part of the Hippocratic Oath.

2. The majority is almost always wrong.

This is the reason ingenuity, innovation, and positive change can take hold in the first place. Consolidating entities in a compromised system, like the unchecked hospital, PBM, and insurance carrier acquisition activity over the past decades, worsens existing problems, monopolizes thinking, and homogenizes behavior. This creates a spiral of further system regression, making change much harder.

Next generation leadership asks “If we could start anew, what would we do?”

3. Incrementalism is a way to avoid real change.

Incrementalism is an attractive proxy for standing still. In our current healthcare system, staying the same means getting worse by default. We see this in the form of minor tweaks staged as major advances, such as ACOs and value-based care attempts to blunt out of control fee-for-service.

A variant of incrementalism involves offerings designed to “manage the racketeering.” Examples of this include industries that have cropped up attempting to optimize PBM contracts or engage in an auditing arms race with hospital revenue maximization specialists and systems.

Next generation health leaders are not afraid to create much needed separation from the mainstream with offerings that will seem audacious to the status quo.

4. Look out-of-field for solutions.

This is a hallmark of innovation and invention across all disciplines. What can we learn and adopt from operational efficiency in other industries? From healthier buyer-seller-customer arrangements in unrelated arenas? From financial transaction reinvention in other sectors? Or from businesses that take care of people in spaces outside of healthcare? Importantly, what can we learn from those at ground level every day in the current system?

5. Take risks.

Outside of medical research, the established system is averse to risk and change. This prohibits progress. It requires courage from leaders who will embrace the unknown to step away from the majority and make real change happen through better solutions. We need leaders who are not afraid to ask “What if…?”

v2.0 Healthcare Leadership

In our new normal, we are at a time and place that is ripe for next generation health leaders who have the morals and courage to lead with bigger, bolder steps. If not us, who? If not now, when?

Patient Charged $809 for an $80 Item. Typo or Scandal?

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A woman in California received treatment for a broken foot at a reputable orthopedic facility. She was happy with their service until she looked at her bill: $809 for a plastic walking boot that costs about $80 on Amazon. She assumed it was a typo but after contacting the facility, she was shocked to learn the charge was correct.

To her credit, she raised her concerns about the astronomical 1,000% markup to senior administrators. Sure enough, there was an error: she should only have been charged $639. Really?!!

It’s no secret that the US health care system routinely gouges employers and plan members with inflated and nonsensical charges. Americans pay roughly double what those in other developed countries pay for care. But this situation demonstrates the degree to which outrageous greed has driven increases in deductibles, co-insurance payments, and ultimately, out-of-pocket costs for patients everywhere.

Since the industry won’t police itself, employers must take the lead in demanding transparent billing practices and fair market reimbursement. Employee health plans with clean contracting and pre-payment cost controls can help mitigate these abusive practices and protect employees from unexpected and outrageous charges. Employers need a plan that ensures situations like this simply cannot continue to happen.

$2,885 Average Savings Per Employee with NO Cost Shifting | Estimate Your Savings

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