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Executive Summary
2017 BWC Hospital Outpatient Services
Payment Rule
Introduction
The Health Partnership Program (HPP) rules were first promulgated in 1996, prior to the
implementation of the HPP in 1997. HPP rules establishing criteria for the payment of various
specific medical services were subsequently adopted in February 1997.
Ohio Administrative Code 4123-6-37.2 provides specific methodology for the payment of hospital
outpatient services. Amendments to the rule adapting the Medicare Outpatient Prospective
Payment System to BWC initially took effect January 1, 2011, and the rule was last modified
effective May 1, 2016.
Background Law
R.C. 4123.66(A) provides that the BWC Administrator shall disburse and pay from the state
insurance fund the amounts for medical, nurse, and hospital services and medicine as the
administrator deems proper, and that the Administrator may adopt rules, with the advice and
consent of the [BWC] board of directors, with respect to furnishing medical, nurse, and hospital
service and medicine to injured or disabled employees entitled thereto, and for the payment
therefor.
R.C. 4121.441(A)(8) provides that the BWC Administrator, with the advice and consent of the
BWC Board of Directors, shall adopt rules for implementation of the HPP to provide medical,
surgical, nursing, drug, hospital, and rehabilitation services and supplies to injured workers,
including but not limited to rules regarding [d]iscounted pricing for all . . . out-patient medical
services.
Pursuant to the 10th District Court of Appeals decision in Ohio Hosp. Assn. v. Ohio Bur. Of
Workers' Comp., Franklin App. No. 06AP-471, 2007-Ohio-1499, BWC is required to adopt
changes to its methodology for the payment of hospital outpatient services via the O.R.C.
Chapter 119 rulemaking process.
BWCs hospital outpatient services reimbursement methodology is based on Medicares
Outpatient Prospective Payment System (OPPS), which is updated annually. Therefore, BWC
must also annually update OAC 4123-6-37.2 to keep in sync with Medicare.
Proposed Changes
As more fully set forth in the OPPS medical services summary document, for hospital outpatient
services with a date of service on or after May 1, 2017, BWC is recommending the following
changes to OAC 4123-6-37.2:
1. Adopt the 2017 hospital outpatient rates as published in Medicares OPPS final rule.
2. Apply a 270.0% BWC payment adjustment factor to OPPS rates for childrens hospitals.
3. Apply a 158.0% BWC payment adjustment factor to OPPS rates for all other hospitals.
In addition, BWC is proposing to add language to the rule that will allow BWC to specify services
in the appendix to the rule for which BWC will determine reimbursement using the Medicare
OPPS methodology even though Medicare does not reimburse for the specified services on an
outpatient basis. BWC is proposing to reimburse for two services in this manner under the
proposed 2017 OPPS rule: total knee arthroplasty and total hip arthroplasty.
Stakeholder Involvement
The proposed hospital outpatient services payment rule was posted on BWCs website for
stakeholder feedback on October 31, 2016 with a comment period open from October 31, 2016
through November 11, 2016, and notice was e-mailed to the following lists of stakeholders:
BWCs Managed Care Organizations
BWCs internal medical provider stakeholder list
BWCs Healthcare Quality Assurance Advisory Committee
Ohio Association for Justice
Employer Organizations
o Council of Smaller Enterprises (COSE)
o Ohio Manufacturers Association (OMA)
o National Federation of Independent Business (NFIB)
o Ohio Chamber of Commerce
BWCs Self-Insured Divisions employer distribution list
BWCs Employer Services Divisions Third Party Administrator (TPA) distribution list.
On October 13, 2016, the proposed rule was presented to the Ohio Hospital Association
Executive Vice President and the Finance Committee.
Stakeholder responses received by BWC will be summarized on the Stakeholder Feedback
Summary Spreadsheet for the second reading of the rules.
outpatient prospective payment system" as specified in this paragraph shall be determined by the bureau
without regard to such subsequent adjustments.
(2) Services reimbursed via fee schedule. These services shall not be wage index adjusted.
(a) Services reimbursed via fee schedule to which the bureau-specific payment adjustment factor shall be
applied.
Except as otherwise provided in paragraphs (A)(2)(b)(ii) and (A)(2)(b)(iii) of this rule, hospital
outpatient services reimbursed via fee schedule under the medicare outpatient prospective payment
system shall be reimbursed under the applicable medicare fee schedule in effect as implemented by
the materials specified in paragraph (A)(7) of this rule.
(b) Services reimbursed via fee schedule to which the bureau-specific payment adjustment factor shall
not be applied.
(i) Hospital outpatient vocational rehabilitation services for which the bureau has established a fee,
which shall be reimbursed in accordance with table 2 of the appendix to this rule.
(ii) Hospital outpatient services reimbursed via fee schedule under the medicare outpatient
prospective payment system that the bureau has determined shall be reimbursed at a rate other
than the applicable medicare fee schedule in effect as implemented by the materials specified in
paragraph (A)(7) of this rule, which shall be reimbursed in accordance with table 3 of the
appendix A to this rule.
(iii) Hospital outpatient services not reimbursed under the medicare outpatient prospective payment
system that the bureau has determined are necessary for treatment of injured workers, which
shall be reimbursed in accordance with tables 4 and 5 of theappendix the appendix to this rule.
(3) Services reimbursed at reasonable cost. To calculate reasonable cost, the line item charge shall be
multiplied by the hospital's outpatient cost to charge ratio from the medicare outpatient provider specific
file in effect as implemented by the materials specified in paragraph (A)(7) of this rule. These services
shall not be wage index adjusted.
(a) Services reimbursed at reasonable cost to which the bureau-specific payment adjustment factor shall
be applied.
Critical access hospitals shall be reimbursed at one hundred one per cent of reasonable cost for all
payable line items.
(b) Services reimbursed at reasonable cost to which the bureau-specific payment adjustment factor shall
not be applied.
(i) Services designated as inpatient only under the medicare outpatient prospective payment system.
(ii) Hospital outpatient services reimbursed at reasonable cost as identified in tables 3 and 4 of the
appendix to this rule.
(4) Add-on payments calculated using the applicable medicare outpatient prospective payment system
methodology and formula in effect as implemented by the materials specified in paragraph (A)(7) of this
rule. These add-on payments shall be calculated prior to application of the bureau-specific payment
adjustment factor.
(a) Outlier add-on payment. An outlier add-on payment shall be provided on a line item basis for partial
hospitalization services and for ambulatory payment classification reimbursed services for all
hospitals other than critical access hospitals.
(b) Rural hospital add-on payment. A rural hospital add-on payment shall be provided on a line item basis
for rural sole community hospitals, including essential access community hospitals; however, drugs,
biological, devices reimbursed via pass-through and reasonable cost items shall be excluded. The
rural add-on payment shall be calculated prior to the outlier add-on payment calculation.
(c) Hold harmless add-on payment. A hold harmless add-on payment shall be provided on a line item
basis to exempt cancer centers and children's hospitals. The hold harmless add-on payment shall be
calculated after the outlier add-on payment calculation.
(5) Providers not participating in the medicare program.
Reimbursement for outpatient services provided by hospitals and distinct-part units of hospitals that do
not participate in the medicare program shall be calculated in accordance with the methodologies set
forth in this rule, using a default hospital outpatient cost-to-charge ratio of forty-seven per cent where
applicable.
(6) Reimbursement for outpatient services provided by "new hospitals" as defined in 42 C.F.R. 412.300(b) as
published in the October 1, 2015 2016 Code of Federal Regulations shall be calculated in the same
manner as provided under paragraph (A)(5) of this rule.
(7) For purposes of this rule, the "applicable medicare reimbursement rate for the hospital outpatient service
under the medicare outpatient prospective payment system" and the "medicare outpatient prospective
payment system" shall be determined in accordance with the medicare program established under Title
XVIII of the Social Security Act, 79 Stat. 286 (1965), 42 U.S.C. 1395 et seq. as amended, as
implemented by the following materials, which are incorporated by reference:
(a) 42 C.F.R. Part 419 as published in the October 1, 2015 2016 Code of Federal Regulations;
(b) Department of health and human services, centers for medicare and medicaid services' "42 CFR Parts
405, 410, 412 416, 419, 482, et al. Medicare Program: Hospital Outpatient Prospective Payment and
Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Short Inpatient
Hospital Stays; Transition for Certain Medicare-Dependent, Small Rural Hospitals under the
Hospital Inpatient Prospective Payment System; Provider Administrative Appeals and Judicial
Review Organ Procurement Organization Reporting and Communication; Transplant Outcome
Measures and Documentation Requirements; Electronic Health Record (EHR) Incentive Programs;
Payment to Certain Off-Campus Outpatient Departments of a Provider; Hospital Value-Based
Purchasing (VBP) Program; Final Rule", 80 81 Fed. Reg. 70297 - 70607 _____ - _____ (2015
2016).
(B) QHP or self-insuring employer (non-QHP):
A QHP or self-insuring employer may reimburse hospital outpatient services at:
(1) The applicable rate under the methodology set forth in paragraph (A) of this rule; or
(a) For hospitals the department of health and human services, centers for medicare and medicaid
services maintained hospital-specific cost-to-charge ratio information on as of January 1, 2016 2017,
based on the hospitals' submitted cost report (CMS-2552-96 CMS-2552-10), the hospital's allowable
billed charges multiplied by the hospital's reported cost-to-charge ratio (from the outpatient provider
specific file in use by medicare on January 1, 2016 2017) multiplied by a payment adjustment factor
of 1.16, not to exceed sixty per cent of the hospital's allowed billed charges.
(b) For hospitals the department of health and human services, centers for medicare and medicaid
services did not maintain hospital-specific cost-to-charge ratio information on as of January 1, 2016
2017, the hospital's allowable billed charges multiplied by the applicable FY16 FY17 urban or rural
statewide average outpatient cost-to-charge ratio set forth in table 14 4 of the federal rule referenced
in paragraph (A)(7)(b) of this rule (the Ohio average cost-to-charge ratio shall be used for hospitals
outside the United States) multiplied by a payment adjustment factor of 1.16, not to exceed sixty per
cent of the hospital's allowed billed charges; or
(2) The rate negotiated between the hospital and the QHP or self-insuring employer in accordance with rule
4123-6-46 of the Administrative Code.
Effective:
5/1/17
Five Year Review (FYR) Date: 2/1/2020
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4121.30, 4121.31, 4123.05
Rule Amplifies: 4121.121, 4121.44, 4121.441, 4123.66
Prior Effective Dates: 9/1/07, 1/1/11, 4/1/11, 4/1/12, 4/1/13, 5/5/14, 5/1/15, 5/1/16
Table 6 - Base Payment for Inpatient-Only Services Covered in the Hospital Outpatient Setting
CPT
Code
Description
Status Indicator
APC
Relative Weight
Medicare Base
Rate
27130
J1
5115
126.7004
$9,491.00
27447
J1
5115
126.7004
$9,491.00
As part of our yearly analysis process, BWC evaluates and/or models numerous factors impacting
OPPS reimbursement which include but are not limited to changes to the Medicare proposed and
final rules, utilization trends, Ohio-specific and national reimbursement and coverage trends.
The adoption of the prospective payment methodology in May of 2010 for implementation on
January 1, 2011 requires annual updates to the most current Medicare OPPS rates. Rates, wage
index values, and other adjustments are reviewed and updated each year by Medicare with the
most current bill data available. By adopting the yearly Medicare updates, BWC is ensuring the
baseline payment rates are aligned with national utilization benchmarks, and are an appropriate
foundation from which to base an Ohio fee schedule to ensure injured workers access to quality
care. It should be noted that BWC does not necessarily adopt all of Medicares updates, but rather
performs an extensive evaluation of the various changes Medicare makes to its baseline data to
determine if those changes reflect and/or support the philosophy and goals of BWC and the Ohio
workers compensation system. If it is determined that a Medicare change is not in line with the
philosophy and/or goal of BWC and the Ohio workers compensation system, the change is either
not adopted or a BWC adjustment factor is added to the reimbursement methodology to address
the change. Medicare has proposed a 1.55% base rate increase for 2017. Additionally, Medicare
made several other key changes that will impact reimbursement as described below.
In most cases, the unit of payment under the OPPS is the Ambulatory Payment Classification (APC).
Individual services are assigned to APCs based on similar clinical characteristics and costs. In 2017,
Medicare is continuing with the restructuring and consolidation of APCs, which includes the
continued packaging of services or items- meaning that the costs of integral and ancillary services
and supplies are built into the associated APC payment rates. Therefore, in many cases, these
ancillary services and supplies are no longer reimbursed separately. This idea of enhanced
packaging encourages efficiency among hospitals.
Additionally, orthopedic-related APCs have been restructured from their 2016 format. Previously,
treatment for closed fractures was grouped in separate APCs from other musculoskeletal
procedures. In 2017, Medicare chose to combine all fracture treatment with the musculoskeletal
APCs. Changes in packaging status, status indicator assignment, reclassification and/or
consolidation may result in positive or negative payment rate swings.
Therefore, Medical Services is recommending, without change, the adoption of the Medicare 2017
OPPS methodology updates and rates.
2.
In determining the 2017 payment adjustment factors recommendations, two underlying principles
were considered:
a)
The principle BWC goal of setting reimbursement level at a point where the total
reimbursement equals 114% of the statewide average of hospital costs in providing
services to our injured workers; and
b)
The principle of ensuring that our reimbursement rates maintain our injured
workers access to medical care.
Understanding those principles, our data analysis consultant performed payment simulations using
actual BWC bill data to understand the impact of adopting the Medicare rates, while maintaining
our 2016 PAFs.
Key steps in the consultants analysis were:
a)
The establishment of an appropriate statewide hospital costs benchmark by:
Utilizing the data from the annual Medicare cost reports submitted by all
hospitals, and
c)
The resulting analysis revealed that the OPPS 2017 reimbursement would be over the 114% of
payment to cost target if the 2016 payment adjustment factor of 167.0% for all hospitals other than
childrens hospitals was maintained. Therefore, to hit our target for these services the payment
adjustment factor would be adjusted downward to 158.0%. This assessment also held true for
childrens hospitals. We recommend a decrease in the payment adjustment factor for childrens
hospital to 270.0% for 2017, from 306.0%. By adjusting these PAFs, BWC will maintain its goal of
114% reimbursement of hospital costs in Ohio. Those recommended 2017 PAF modifications will
facilitate BWCs reimbursement and access to quality care goals.
10
11
12
13
14
2017 Recommendations
Adopt Medicare 2017 updates
Modify BWC payment adjustment factor (PAF) to reflect the
statewide reimbursement to cost benchmark of 114%
Children's Hospital Factor - 270.0%
Non-Children's Factor - 158.0%
15
16
Benefits
APCs allow for a single payment, promoting efficiency and costeffectiveness
Packaging into one payment, services that were previously paid separately
are now part of the single payment
17
Proposed
2017 PAF
2017
Projected
Payment
to Cost
Hospital
Type
2016
PAF
2016
Payment
to Cost
Childrens
NonChildrens
306.0%
123%
270.0%
114%
167.0%
117%
158.0%
114%
18
19
2015 BWC
Volume
33
$9,491.00
183
$9,491.00
CPT
Description
20
21
Thank You
22
0.291
0.287
0.255
0.248
0.244
-16.2%
0.2
2011
2012
2013
2014
2015
2016
2017
1.97
1.81
1.8
1.62
1.62
1.62
1.67
1.6
1.58
-19.8%
1.4
2011
$76.000
$75.000
$74.000
$73.000
$72.000
$71.000
$70.000
$69.000
$68.000
2012
2013
2014
2015
74.144
2016
2017
75.001
73.725
72.672
71.313
70.016
68.876
9%
2011
2012
2013
2014
2015
2016
23
2017
$161
$161
$160
$147
$140
$131
$131
$131
$120
$100
$80
$60
$40
$20
-18%
$0
FY 2011
FY 2012
FY 2013
FY 2014
FY 2015
FY 2016
Thousands
100
100
99
97
93
88
84
80
60
40
20
-16%
0
FY 2011
FY 2012
FY 2013
FY 2014
FY 2015
FY 201624
$1,613
$1,626
$1,600.00
$1,555
$1,550.00
$1,508
$1,486
$1,500.00
$1,450.00
$1,406
$1,400.00
$1,350.00
$1,300.00
$1,250.00
FY 2011
FY 2012
FY 2013
FY 2014
FY 2015
FY 2016
Contributors
1. Rate changes for specific services
2. Consolidation and restructuring of ambulatory payment classifications
3. CMS shift of status indicators for enhanced packaging
4. Injury mix
25
4%
0%
0%
0%
FY 2015
FY 2016
0%
-5%
-9%
-10%
-10%
-15%
FY 2011
FY 2012
FY 2013
FY 2014
26
73.725
72.672
$72.000
71.313
70.016
$70.000
68.876
$68.000
$66.000
$64.000
2011
2012
2013
2014
2015
2016
2017
27
Other, 3%,
-$177,000
Separate Payment
Possible, 9%,
-$531,000
Packaged services,
82%
-$4,838,000
28