february 6, 2019 ime advisory committeeime study highlights 160k imes performed each year on...
TRANSCRIPT
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February 6, 2019
IME Advisory
Committee
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IME Introduction
▪ Workers’ Compensation Law (WCL) §137(12) mandated study
▪ Present study to advisory committee
▪ Advisory committee to present recommendations to the Governor, Assembly Speaker, Senate Majority Leader
▪ Advisory committee to review Board’s report and analyze studies in NY and nationally
Study Mandate
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IME Advisory Committee
Brian Trick
Wegmans,
Self-Insured
Employer
Mindy Roller
Deputy Chief,
NYC Law
Department,
Workers’
Compensation
Division
Joe Canovas
NYS Labor
AFL/CIO
Lev Ginsburg
NYS Business
Council
Glen Pitruzzello
AmTrust
Robert Sammons
NY State
Insurance Fund
Dr. Robert Goldberg
Medical Society
of the State of
New York
(MSSNY)
Dr. Winston Kwa
Mount Sinai
Justin Teff
Kirk and Teff
Matt Mead
Stockton Barker
& Mead
Dr. Richard N. Weinstein
Orthopedic Surgeon
Clarissa Rodriguez
Chair, NYS
Workers’
Compensation
Board
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Facilitator & Subject Matter Experts
▪ Facilitator
▪ Michelle Cummings
▪ Subject Matter Experts
▪ Mary Beth Woods – WCB Executive Director
▪ Steve Smith – WCB Deputy Executive Director
▪ David Wertheim – WCB General Counsel
▪ Elain Sobol-Berger – Medical Director
▪ Stephanie Zoufaly – Director Regulatory Affairs
Members
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IME Advisory Committee
1. Background
2. Study
3. Ground Rules
4. Topics
5. Timeline
Agenda
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IMEs in New York State
▪ Medical examination –or– records review
▪ To evaluate treatment & medication prescribed by the injured worker’s provider
▪ Performed by authorized medical providers
▪ May be scheduled by Board authorized IME entities
▪ Utilized by parties associated with a claim
▪ Used by Board to help render decision on medical issues
What is an IME?
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IME Claim ScenariosClaim Establishment / Controversy
• Causal relationship
• Sites of injury
• Includes death claims
Medical-Only Issues
• Variances
• Opioid weaning
Award Determinations
• Additional sites
• Temp Partial/Total
Permanency Classifications
• SLU
• PPD
• PTD
ApportionmentOccupational
Disease
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IMEs by Claim Type
IME Reason
Case Status
Controverted Claim
(including Death)
Medical
Only
Temporary
Disability
Permanent
Disability
Causal relationship ✓ ✓ ✓ ✓
Sites of injury (including Consequential
injury)✓ ✓ ✓ ✓
Medical Variance ✓ ✓ ✓
Medical Authorization ✓ ✓ ✓
Opioid Weaning ✓ ✓ ✓
Apportionment ✓ ✓ ✓
Degree of Disability/Return to Work ✓ ✓
Permanency ✓
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No Show or Cancelled
Request Date to Schedule Date
Request Date to Report Received Date
Exam Date to Report
Received Date
IME Process
IME
requested
IME
scheduledNotice sent
IME report
received by
WCB
IME report
viewable by
WCB
A B C
IME performed?Yes
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IME Utilization Study
2018
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IME Study – Data Sources &
Methodology
IME Utilization
Study
NYCIRB
Sample IME data
Stakeholder interviews
IME Entity data call
Injured Worker survey
State by state comparison
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IME Study Highlights
▪ 160K IMEs performed each year
▪ On average, 1 in 3 claims had an IME over the lifetime of the claim
▪ 94% of IMEs were in-person
▪ 80% of IMEs performed by Orthopedic Surgeons
IMEs2014 - 2016
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IME Study Highlights
IME Categories Reviewed
▪ Provider Access
▪ Scheduling & Timing
▪ Injured Worker Experience
▪ Cost of IMEs
▪ Quality of Reports, Need for Follow-Up, and Duplicate Filings
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Provider Access8,137 8,122 8,065 7,935 7,877 7,735
4,378
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
2012 AUG 2013 AUG 2014 AUG 2015 AUG 2016 AUG 2017 AUG 2018 DEC
Source: Board data
AUTHORIZED IME
PROVIDERS IN NYS
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Provider Access
Source: IME entity data and Board data
0 500 1000 1500 2000 2500
Other Specialties
Neurological Surgery
Psychology
Neurology and Psychiatry
Physical Medicine / Rehabilitation
Internal Medicine
Chiropractic
Orthopedic Surgery
Authorized / Performing IMEs Authorized / Not Performing IMEs
21% of 1670
13% of 1685
46% of 416
34% of 463
18% of 637
53% of 93
23% of 2118
79% of 671
AUTHORIZED IME PROVIDERS
WHO PERFORMED AN IME IN
2014-2016 (BY SPECIALTY)
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GEOGRAPHIC
DISTRIBUTION OF
IME PROVIDERS
Provider Access
Downstate Counties
Nassau 415
Suffolk 400
New York 378
Queens 373
Kings 326
Bronx 256
Westchester 242
Richmond 129
Rockland 126
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IME Providers
Provider TypeCount of IME
Providers
% of Total IME by
transaction count
IME Authorized Only 122 13.3%
Authorized for Both but
Performing IMEs Only84 0.2%
Performing IMEs and
Actively Treating1,883 86.5%
Total 2,089 100%
PROVIDERS PERFORMING IMES
AND ACTIVELY TREATING
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IME Providers 2014-2016
DISTRIBUTION OF TOTAL
IMESIME Range Total Providers (a) Total IMEs Performed
(Total completed) # % # %
1-5 IMEs 2,889 70.65% 5,130 1.30%
6-100 IMEs 860 21.03% 20,152 5.09%
101-500 IMEs 173 4.23% 39,688 10.03%
501-1000 IMEs 63 1.54% 44,087 11.14%
1001-5000 IMEs 94 2.30% 221,551 55.99%
5001-9000 IMEs 10 0.24% 65,105 16.45%
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IME Study Highlights
IME Categories Reviewed
▪ Provider Access
▪ Scheduling & Timing
▪ Injured Worker Experience
▪ Cost of IMEs
▪ Quality of Reports, Need for Follow-Up, and Duplicate Filings
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Scheduling & Timing IssuesNo-Shows: 9%
Cancellation: 14%
No Show or Cancelled
Request Date to Schedule Date
Request Date to Report Received Date
Exam Date to Report
Received Date
IME
requested
IME
scheduledNotice sent
IME report
received by
WCB
IME report
viewable by
WCB
A B C
IME performed?Yes
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IME Study Highlights
IME Categories Reviewed
▪ Provider Access
▪ Scheduling & Timing
▪ Injured Worker Experience
▪ Cost of IMEs
▪ Quality of Reports, Need for Follow-Up, and Duplicate Filings
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Injured Worker Survey
▪ >14,000 injured workers with an August 2018 IME
▪ Random sample of 375
▪ Voluntary
▪ Translated 34 into 8 different languages
▪ Survey offered online or by mail
▪ 110 responded
Methodology & Sample
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Injured Worker Experience
67.3%
32.7%
Yes No
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
Was the medical office in a convenient and accessible location within a reasonable distance from your
residence?
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90.0%
10.0%
Yes No
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
100.0%
Was the medical office clean?
Injured Worker Experience
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32.7%
40.0%
27.3%
Less than 15 minutes 16-30 minutes Longer than 30 minutes
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
40.0%
45.0%
Approximately how long did you wait at the office before you were seen by the IME provider?
Injured Worker Experience
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47.7%
39.5%
12.8%
Less than 15 minutes 16-30 minutes Longer than 30 minutes
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Approximately how long did the examination take?
Injured Worker Experience
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81.8%
18.2%
Yes No
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
Did the office staff and IME provider act in a professional manner?
Injured Worker Experience
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42.2%
57.8%
Yes No
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
Do you believe that the IME-4 report submitted by the IME provider is a fair representation of
your examination?
Injured Worker Experience
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IME Study Highlights
IME Categories Reviewed▪ Provider Access
▪ Scheduling & Timing
▪ Injured Worker Experience
▪ Cost of IMEs
▪ Quality of Reports, Need for Follow-Up, and Duplicate Filings
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IME Costs
Specialty Type Average IME Payment Minimum
Payment
Maximum
Payment
Psychology $1,001 $120 $13,424
Neurological Surgery $973 $125 $13,125
Internal Medicine $822 $125 $10,045
Physical Medicine / Rehabilitation $810 $125 $6,058
Neurology and Psychiatry $751 $110 $6,400
Orthopedic Surgery $523 $105 $7,600
Chiropractic $396 $110 $2,100
Average $571
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IME No-Show Fees
$0 51%
$1-10024%
$101-25014%
More than$25011%
IME NO-SHOW FEES
2014-2016
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IME Study Highlights
IME Categories Reviewed
▪ Provider Access
▪ Scheduling & Timing
▪ Injured Worker Experience
▪ Cost of IMEs
▪ Quality of Reports, Need for Follow-Up, and Duplicate Filings
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IME Report Outcomes
No Issues, 57%
Duplicates, 29%
Addendums, 13%
Preclusions, 1%
No Issues Duplicates Addendums Preclusions
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IMEs Not Received by the Board
IME-4 to IME-5 ratio, 68%
IME Cancellation, 14%
IME No-Show, 9%
Missing IME report, 9%
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Frequency of IME-3s (2014-2016)
55%
31%
9%
3% 2%
0%
10%
20%
30%
40%
50%
60%
1 Form 2 Forms 3 Forms 4 Forms More than 5 Forms
Number of IME-3 Forms Received
APPROPRIATE COMMUNICATION BETWEEN
IME PHYSICIAN AND IME ENTITY/CARRIER
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State by State Comparison
Challenges
▪ No national IME data available to compare
▪ Reviewed other 49 states’ statutes and websites
▪ Detailed comparison included in Appendix 5
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Non-quantitative concerns
Other issues
▪ Fraud & Abuse
▪ Credibility of IME vs record review
▪ Regulations
▪ IME provider training
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IME Study Wrap Up & Future
Meetings
Topics▪ Provider Access
▪ Scheduling & Timing
▪ Injured Worker Experience
▪ Cost of IMEs
▪ Quality of Reports, Need for Follow-Up, and Duplicate Filings
▪ Fraud & Abuse
▪ Process
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▪ Facilitated Meeting
▪ Open Meeting
▪ Only Committee Members participate
▪ Stay on Topic
▪ Parking lot issues
▪ Out of Scope Items
▪ Delegates, if unable to attend meeting
Ground Rules
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IME Advisory
Committee Topics
& Timing
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Advisory Committee
Concerns/Comments
IME Categories Reviewed
▪ Provider Access
▪ Scheduling & Timing
▪ Injured Worker Experience
▪ Cost of IMEs
▪ Quality of Reports, Need for Follow-Up, and Duplicate Filings
▪ Fraud & Abuse
▪ Process
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Topics for IME Providers
Availability▪ Upstate vs. Downstate
▪ Not Board authorized
Quality of Exams & Providers
▪ Credibility of Reports
▪ Carrier IME
▪ Inured Worker Treating
▪ Injured Worker IME
▪ Records Review
▪ IME “Mills”
▪ IME Non-referral list
▪ Exam Preparation/File Review
▪ Training
Miscellaneous
▪ Overseas vs US-based records reviews
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Topics for Scheduling
Scheduling
▪ Self-initiated (no deadline) vs.
Directed or required (deadline
imposed)
▪ Specialty Providers’ Availability
▪ Notice (7 days)
▪ Cancellations/No-Shows
Reports
▪ 10 business days (20 days out-of-
state)
▪ Same day/Same manner
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Topics for Injured Worker Experience
Location
Professionalism
Wait times
Duration of IME
Accuracy of the opinion (per injured worker)
Recording of exams
Education regarding IME process/outcomes
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Topics for IME Costs
No IME Fee Schedule
Wide range of reimbursement by specialty group
No policy on cancelations/no-show fees
Same day/Same manner cost
Reimbursement for precluded IME reports
Out-of-State IME fees
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Topics for Reports, Follow-up and
Duplicate Filings IME preclusions
Accuracy of POIs
Duplicate submissions
IMEs performed but not filed with Board
Addendums
▪ Frequency
▪ Scope
▪ Minor Clarifications
▪ New Issues/Additional Clarification
▪ Communication
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Topics for Fraud & Abuse
Role of the Fraud Inspector General
Under/Over reporting condition(s) and capability
Failure to Disclose
Misconduct by IME provider
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Topics for Process
State physician vs IME panels vs PPO
Records Review vs IME
Regulation & Monitoring
▪ IME provider
▪ IME entities
▪ Accreditation
▪ Reporting
Same day/Same manner
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Break
15 minutes
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Roundtable Discussion
Provider Access
Scheduling and Timing
Injured Worker Experience
Cost of IMEs
Quality of IME Reports, Follow-ups and Duplicate Filings
Fraud & Abuse
Process
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Advisory Committee Schedule
▪ Report due 12/31/19
▪ Many topics to cover
▪ Monthly meetings needed to cover all concerns
Scheduling
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Advisory Committee MeetingsMeeting Cadence
Review Agenda
Review agenda topics
Review IME Utilization Study data
Discuss agenda topics, in detail
Reach consensus (where possible)
Discuss agenda topics for next meeting
Identify supplementary data requests for next meeting
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Proposed Agenda Topics
Jul
Quality
Jun
Cost
May
Injured Worker
Experience
Apr
Timing /
Scheduling
Mar
Providers
Dec
Final Report
Nov
Draft Report
Oct
Review &
Discuss
Sep
Fraud &
Abuse
Aug
Process
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Wrap Up and Next Meeting
Next Meeting
▪ Proposed date: March ??, 2019
▪ Topic: Provider Access
▪ Briefly review Provider data
▪ Discuss issues raised
▪ Confirm agenda topics and additional data requested for Scheduling & Timing meeting in April