December 18, 2023
Reporter, Health Care Inc. Writer
Folks, I’m pivoting to video. This is also the last Health Care Inc. of 2023. We’ll be back Tuesday, Jan. 2 and then return to our regular Monday schedule. I hope you all have a great holiday stretch. Take some time for yourself and your family. Watch The Grinch (the 2018 animated one, of course). Build a Lego set. We’ll see you back here in 2024. If you want to send some story tips for us to pursue next year (or some topics we should do on TikTok), you know where to find me: bob.herman@statnews.com.

m&A

The biggest deals of 2023

You’ll never know where you’re going if you don’t know where you’ve been. That’s probably the main reason why year-end recaps are useful. And in health care, looking at the deal-making is a good way to understand where the industry thinks it can make more money, or at least keep an advantage.

My colleague Tara Bannow and I looked at the different hospital, provider, and health insurance transactions that were announced in 2023. A few things became clear: Vertical consolidation remains in vogue (yes, CVS-Oak Street was still somehow in 2023). Hospital systems are still aiming for large-scale, cross-market mergers (but can’t always get them done). And sometimes, it’s the smaller deals that make the biggest difference in a given market, even though they fly under the radar nationally.

Read our rundown of 2023’s major health care transactions and what they say about the industry. Let us know what we may have missed, too.


medicare advantage

Some early MA enrollment tea leaves

Medicare’s annual open enrollment ended a couple weeks ago, and we’re starting to get our first glimpse of which Medicare Advantage plans and benefits gained the most traction and which ones fell off.

Health care analysts at the investment bank Leerink Partners held a call with the CEO of a large company that helps brokers sell Medicare Advantage plans. This CEO saw “outsized growth” in Centene’s and CVS Health’s MA plans and “underwhelming growth” for UnitedHealth Group and Cigna, according to a Leerink investor note. Companies that offered grocery benefits with their plans, like CVS’ Aetna plans, captured a lot of enrollees who were changing plans. 

But there is a major storm cloud on the horizon for MA insurers. Starting in 2025, the government is capping broker compensation for MA plans (read more about those changes here). “This could cause a seismic shift in the industry, altering the large carriers’ sales strategy,” Leerink analysts wrote. “Over the past several years, the larger plans have captured a significant amount of share with these ‘soft dollar’ incentives likely playing a role.” 

The federal government will release fully updated Medicare Advantage enrollment by plan that reflects the entire enrollment period in February. Stay tuned for that data.


lawsuits

North Carolina goes after HCA

North Carolina Attorney General Josh Stein sued HCA Healthcare last week, arguing the for-profit hospital system has violated its agreement by not providing high-quality care as the new owner of the formerly nonprofit Mission Health, Tara reports.

The lawsuit follows an investigation from Tara, in which she interviewed scores of current and former Mission clinicians who said the situation at the system has become unsafe for patients and miserable for workers. 

A Mission spokesperson insinuated the lawsuit was politically motivated, as Stein is running for governor. But the lawsuit, partially based on affidavits with former employees, includes details like how high nurse-to-patient ratios in Mission’s trauma program run afoul of state regulations. Read Tara’s story for more on the lawsuit.



medical coding

OIG is showing, and sharing, its work

Screen Shot 2023-12-14 at 11.17.08 AMEvery so often, HHS’ Office of Inspector General audits Medicare Advantage plans and discovers they still have really crummy coding practices that are leading to millions of dollars of overpayments. We’ve covered some of those audits in the confines of this newsletter.

Unsurprisingly, insurers hate the audits and never agree with the findings. So, OIG is extending an olive branch: It created a toolkit that explains which conditions and diseases pop up most in its audits and details the actual programming language insurers can use to check themselves before OIG comes a knockin’. Some MA insurers have actually asked OIG “to share with them how we decided which diagnosis codes were at high risk for being miscoded” — a real “ask and you shall receive” moment.

“Our goal is to enable an MA organization to adapt our actual programming codes in order to query its internal data systems, so that it can more accurately identify the enrollees in the various high-risk groups,” the OIG wrote in its toolkit. Check out the document for yourself.


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Industry odds and ends

  • First, UnitedHealth and NaviHealth were hit with a class action alleging they illegally relied on artificial intelligence and algorithms to inappropriately deny care for Medicare Advantage beneficiaries. Now, Humana, a NaviHealth client, faces a class action of its own over the same allegations, my colleague Casey Ross and I reported last week. Read our investigations that spurred these class actions.
  • This past summer, we flagged how Kraft Heinz was suing its third-party administrator, Aetna. Kraft alleged Aetna would not provide Kraft with its own complete medical claims data and willingly overpaid for out-of-network claims (with Kraft’s money). Well, Kraft asked the court to dismiss the case (which the court did), and the two parties will move to arbitration. My kingdom to see what discovery would have turned up. Lawyers representing Kraft did not respond to questions.
  • Over the past year, my colleague Brittany Trang followed 7-year-old Shelby Campbell, who has beta thalassemia and took the new $2.8 million gene therapy for that blood disorder. Brittany chronicles how these types of gene therapies are miracles, but they also are a long, excruciating process for the patient and family. Read the story — it’s worth your time.
  • The FTC sued to block a licensing deal between pharma giant Sanofi and small biotech Maze Therapeutics that involved an experimental drug for Pompe disease, and Sanofi quickly scrapped that deal after the FTC’s announcement. Maze learned Sanofi was pulling out not through a call or an email, but just like the rest of us — by reading Sanofi’s public statement, according to my colleague Adam Feuerstein, who spoke with Maze CEO Jason Coloma.
  • New federal rules will require software vendors and electronic health record companies to disclose how their artificial intelligence tools are trained, developed, and tested, my colleague Casey Ross reports. But the rules would not apply to AI models developed within hospitals to help make decisions about the care of their own patients.
  • The Government Accountability Office with a euphemistic take on the surprise billing arbitration process: It has been “challenging.” Health care providers and insurers submitted 490,000 disputes from April 2022 through June 2023, and 61% of those cases “remained unresolved” as of June, according to the GAO’s report. A single disputed claim can take up to six months to settle.
  • Elevance Health paused its deal to buy Blue Cross Blue Shield of Louisiana in September. But the deal appears to be back on, Stephanie Riegel of the New Orleans Times-Picayune reports.
  • The amount of money we officially spent on health care in 2022? $4.5 trillion, according to the latest estimates from federal statisticians. A reminder of how large that is: The U.S. health care system, on its own, would be the third-largest economy in the world.

The Meme Ward

Health Care Inc. Meme - Issue 74


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