Dear Forum Friends,
Hoping everyone is enjoying this warmer weather. We are only two weeks away from our National Healthcare Price Transparency Conference and invite everyone to register if you have not done so already. In addition to information about the conference, in this newsletter you can find some exciting policy updates (goodbye non competes!) and plenty of articles to help you stay current on what is happening in the healthcare space.
Looking forward to seeing everyone May 13th and happy reading!
Gloria Sachdev
President and CEO, Employers’ Forum of Indiana
Inside the Forum
Register Today!
Join us on May 13, 2024 from 9:00am – 5:00pm ET for the National Healthcare Price Transparency Conference at the JW Marriott in Indianapolis!!
Our robust agenda includes a Keynote from Mark Cuban and presentations from many more experts. Some highlights of this free in person and virtual conference include…
- Hear the results of the RAND 5.0 study noting the variability of price among hospitals, ASCs and for the first time, physician administered medications.
- See the updated Sage Transparency 2.0, to include more graphs, more quality and financial data, as well as a new legislator dashboard!
- Participate in interactive panel discussions featuring health policy experts and employers.
- Attend the Networking Cocktail hour after the conference.
For more information, please visit the Employers’ Forum of Indiana National Conference website.
Mark Your Calendar for Upcoming All – Stakeholder Meetings
Details will be distributed to members one month prior to each meeting.
- August 22nd – 23rd: Two day Conference, a partnership between the National Association of Worksite Health Centers and EFI
- November 7th: In Person, Agenda TBD
If interested in reviewing past meeting materials, click here.
National Association of Worksite Health Centers (NAWHC) 12th Annual Forum
Directions and Success Factors in Onsite, Near-site and Virtual Health Centers
NAWHC and EFI invite you to participate in the 12th Annual Forum, August 22 & 23, 2024, at the Conrad Hotel in Indianapolis, IN.
NAWHC is the nation’s only trade organization focused on helping employers and others understand the potential and value of onsite health services, as well to enable existing employer clinics to increase their capabilities and integration of other worksite programs and benefits. Members include employers and their vendor and provider partners. The conference is expected to have nearly 200 participants. For more information, click here.
EFI Resources
2024 Indiana Legislative Session
The Session began on January 8 and concluded on March 8. A total of 739 bills (443 bills in the House and 296 bills in the Senate) were introduced. Of those introduced, 172 bills passed by the Indiana General Assembly, resulting in an overall passage percentage rate of 23%. This report summarizes EFI priority and other key healthcare legislation that passed into law. Read the full summary and view the April 18th summary slides.
2024 Accomplishments
- Through SEA 9, EFI successfully advocated for language requiring health care entities with total assets of at least $10,000,000 to give notice of a merger or acquisition to the Indiana Attorney General’s Office 90 days prior to the date of the merger or acquisition.
- Another one of EFI’s top priorities for the session was strengthening data transparency. HEA 1259 incorporates language originally in HB 1327, which includes the following provisions: requiring contracts with TPAs, PBMs, or prepaid health care delivery plans to provide that the plan sponsor has ownership of claims data; allowing for contract holders, plan sponsors (or FSSA or SPD) to request an unfettered audit of a PBM, TPA (or MCO or prepaid health care delivery plan) once a year to include what was submitted and paid to providers/pharmacies via the 837/835 electronic file transactions; requirements for specific information that must be included in the audit if requested; and prohibitions on fees and certain conditions related to requesting an audit.
- HEA 1332 is a larger insurance matters bill that contained provisions amending language from SEA 8 (2023) relating to rebates at the point of sale. There was a potential amendment in the House Insurance committee which would have removed the employers’ ability to determine how to distribute and share savings. We opposed this amendment, and it was ultimately not included in the bill.
- HEA 1385 was introduced to address the crisis ground ambulance/EMS providers. Originally, the bill required a health plan operator to provide payment to a nonparticipating ambulance service provider at a rate not to exceed the rates set or approved by contract or ordinance by the county or municipality in which the services originated, at 500% of Medicare, or at the nonparticipating ambulance provider’s billed charges were, whichever is less. After EFI and others expressed concern of the 500% of Medicare rate, this was reduced to a 400% of Medicare cap. The latest version of the bill also exempted the state health plan as well as EMS operated by hospital systems.
Banning Non Competes
2
FTC Announces Rule Banning Non Competes
On April 23rd, the FTC issued a final rule to promote competition by banning noncompetes nationwide, protecting the fundamental freedom of workers to change jobs, increase innovation and foster business growth. This encompasses noncompetes in the healthcare space, including non profits, see pages 50-54 of the final rule.
In the 2023 Indiana Legislative Session, the General Assembly passed SEA 7 which bans primary care physician (family medicine, general pediatric medicine, and internal medicine) noncompetes effective July 1, 2023. Noncompetes are also prohibited in the following instances:
- The employer terminates the physician’s employment without cause.
- The physician terminates the physician’s employment for cause.
- The physician’s employment contract has expired and the physician and employer have fulfilled the obligations of the contract.
In the News
EFI In the News:
- Indiana Health Care Mergers, Acquisitions Now Require 90 Days Advance Notice (The Indiana Lawyer)
Employers:
- Podcast: The Mystery of the Weekly Claims Wire: What Are Plan Sponsors Actually Paying For Each Week? With Justin Leader (Relentless Health Value)
- Insurers Reap Hidden Fees by Slashing Payments. You May Get the Bill. (NYT)
- More Risks, More Opportunities: What’s Next For Employers In Healthcare? (Forbes)
- Treasury, IRS Issue Frequently Asked Questions Related to the Tax Treatment of Work-Life Referral Services Provided to Employees (IRS)
- Employer-Provided Caregiving Benefits The New Paradigm of Support for Workers (ERIC)
- Employers Feel the Side Effects of Drugmaker Control Over Wegovy, Ozempic Costs (Politico)
- Video: ERISA’s 50th Anniversary: The Path to Higher Quality, Lower Cost Health Care (House Committee on Education and the Workforce Committee Republicans)
Hospitals
- IHA President Announces Intention to Step Down; Board Begins Search for New Leader (IHA)
- Watchdog Group Says Parkview Prices Will Go Up (WANE)
- Community Health Planning Major Expansion of South-Side Cancer Center (IBJ)
- Norton Healthcare Opens New Facility, $17M (Building Indiana)
- The 100 Top Hospitals in 2024, per Fortune (Beckers)
- The True Cost of Megamergers in Healthcare: Higher Prices (WSJ)
- Ascension Health Care System Retracts Nationwide—but Not in Indy (IBJ)
Providers & Physicians
- Industry Payments to US Physicians by Specialty and Product Type (JAMA)
- Ten Things to Know About Consolidation in Health Care Provider Markets (KFF)
- Advancing Racial Equity in U.S. Health Care (The Commonwealth Fund)
- Doctors Face Huge Stigma About Mental Illness. Now There’s an Effort to Change That (NPR)
- How Hospitals are Fighting to Keep Their Former Doctors from Seeing Patients (NBC)
- What Employed Physicians Should Know About Noncompete Clauses (AMA)
- Physicians’ Battle Against Noncompetes (Beckers)
- Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting Final Rule (CMS)
Private Equity
- Senate Investigating Whether ER Care Has Been Harmed by Growing Role of Private-Equity Firms (NBC News)
- PE firm Apollo Global Management Owns 2 of the Largest Hospital Systems in the US: Lifepoint Health & ScionHealth (PEStakeholder)
- Monetizing Medicine: Private Equity and Competition in Physician Practice Markets (AAI)
- How Private Equity-Backed Staffing Companies Impact Providers (Modern Healthcare)
- Private Equity–Acquired Physician Practices and Market Penetration Increased Substantially, 2012–21 (Health Affairs)
- Private Equity is Making American Health Care Cost and Quality Worse (Washington Post)
- Changes in Hospital Adverse Events and Patient Outcomes Associated With Private Equity Acquisition (JAMA)
- Serious Medical Errors Rose After Private Equity Firms Bought Hospitals (NYT)
- What Financial Engineering Does to Hospitals (The Atlantic)
- FTC Targets Private Equity Acquisitions in Latest Lawsuit Against Texas Anesthesiology Practice (The Source)
- PESP Private Equity Hospital Tracker (PEStakeholder)
Insurance
- Elevance Health, CD&R to Form Primary Care Company (Modern Healthcare)
- Hackers Leak Change Healthcare Contracts, Patient Data (Beckers)
- Why Are Cash Prices Lower Than Health Insurance Negotiated Prices? (Forbes)
Pharmacy
- 25 Drugs at Mark Cuban’s Online Pharmacy With Biggest Cost Reductions (Beckers)
- Estimated Sustainable Cost-Based Prices for Diabetes Medicines (JAMA)
- More Kids Are Dying of Drug Overdoses. Could Pediatricians Do More to Help? (KFF)
- CVS Caremark to Cover Perrigo’s Birth Control Pill in US at Zero Cost for Plan Sponsors (Reuters)
- Drug Shortages Hit Record High, Pharmacists Warn (ABC News)
- The Top Pharmacy Benefit Managers of 2023: Market Share and Trends for the Biggest Companies—And What’s Ahead (Drug Channels)
- Managing the Challenges of Paying for Gene Therapy: Strategies for Market Action and Policy Reform (ICER)
- Locations and Characteristics of Pharmacy Deserts in the United States: A Geospatial Stud (Health Affairs Scholar)
Policy:
- Indiana Becomes Latest State to Enact Mandatory Reporting of Healthcare Transactions (Lexology)
- Black Maternal Health: State Priorities to Improve Health Outcomes (NASHP)
- Al Hubbard: Not-for-Profit Hospital Market Lacks Choice, Competition (IBJ)
- The Department of Justice’s Antitrust Division, the Federal Trade Commission, and the Department of Health and Human Services Work to Promote Competitive and Fair Healthcare Markets (DOJ)
Other Healthcare News
Do you have a suggestion or contribution for our next newsletter? Contact us.