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CORPORATE
                                                                                                  MEDICINE



        cine? Maybe! Certainly, cutting physician pay when the physician  which model a physician decides to pursue. The objective is to im-
        community does not agree and adopt vbC, as well as other laws  prove the health outcomes of patients (demonstrated by objective
        that interfere with the practice of medicine, is a more egregious ex-  outcomes such as lowering the HgbA1c below nine (9) as an exam-
        ample of diminishing physicians’ autonomy regarding their practice.   ple and identified by (HEdIS) and to reduce the overall cost of a
          As almost every politician has come to realize (as they tinker with  population of patients assigned to a physician practice.
        the healthcare system), healthcare is complicated. There may be a  CMS has allowed physician practices to join an Accountable Care
        place for Corporate America to involve itself in the management  Organization (ACO) and to participate in a Medicare Shared Savings
        of healthcare, but physicians need to be at the center of such  Program (MSSP). Much like the name suggests, CMS will share
        changes. The beauty of the U.S. capitalistic system is that it provides  some of the savings of a Medicare population assigned to the prac-
        choices; choices for physicians, payors, patients and employers. The  tice if savings and improved patient outcomes are achieved. There
        market can accommodate an extensive variety of solutions by of-  are typically two components to this program;
        fering physicians options as to how to practice medicine, while at  1. Reduce the overall costs associated with the population of pa-
        the same time allowing physicians to maintain autonomy over their  tients assigned to a physician, and
        practice. However, autonomy is the key for physicians. Physicians  2. Improve the objective (HEdIS & NCQA) outcomes of the pa-
        do not want bureaucrats telling them how to practice medicine.   tients assigned to the practice in several defined metrics.
          The state of Texas has revised the prohibition of CPOM (Texas
        Administrative Code Title 22, Part 9, Chapter 177, Subchapter d,  To the extent the practice can achieve such results, they will re-
        Rule §177.17) and has allowed physicians to be an employee of a  ceive  additional  funding  from  CMS  via  the  ACO  (roughly  18
        hospital. Not every hospital in Texas can hire a physician, though  months after they start the program). To participate in the MSSP
        the list is growing; and for many physicians, being employed is an  program, the practice MUST join an ACO. The ACO will often
        appropriate strategy. For others, it is not. but there are choices! Pro-  manage various aspects of the coordination of care for the benefit
        viding options to physicians will be seen by some as essential, while  of the physician and the patient. depending upon which ACO the
        for others it is viewed as a continual erosion of their independence.    physician joins, the ACO will participate in a portion of the shared
          The challenge for the remaining independent physicians is how  savings in order to help pay their administrative costs. And since
        they compete effectively with the corporate-owned provider com-  the amount of money that CMS determines is earned depends on
        munity that controls more financial resources than do physicians.  all of the physicians in an ACO, some due diligence is required by
        Can the independent physician remain independent while Corporate  the individual physician. If a few physicians are not actively manag-
        America continues to provide a plethora of technology and re-  ing their population of patients and the costs are driven up, as a re-
        sources to the physicians they employ? Following are some solutions  sult, then every physician in the ACO will suffer financially.
        for independent physicians in the area of value-based-Care. (vbC)  The financial performance is based on both the individual physi-
          There is a big push by CMS and the States to move value-based  cian, the performance of the group of physicians in the ACO, and
        Care. The question is to whom the value inures. The vbC premise  the amount of money used by the ACO for administration. The fi-
        is that if physicians take on more risk for the outcomes of patients  nancial upside or downside risk also plays a role and depends upon
        as opposed to obtaining a simple fee for service (FFS), physicians  which model of the MSSP the physician practice engages. The
        are more likely to improve the result of the patient. Presumably, this  model the physician practice is engaged in depends upon the con-
        is done by monitoring the patient and ensuring the patient receives  tracting entity, which is usually the ACO. Thus, the first question to
        timely and appropriate care which produces better outcomes for  ask yourself is how much risk are you willing to accept? Once that
        the patient. Most physicians already strive to assure that patients re-  question is answered, then the physician should find an ACO that
        ceive the best care to deliver the best result. However, there has  participates in the level of risk sought by the physician practice.
        been quite a variety of outcomes from practice to practice. vbC  The level of risk can range from shared savings with no down-
        provides financial incentives for physicians to adopt the best prac-  side risk, to full-risk being responsible for downside risk. If the
        tices to achieve better outcomes. And often, independent physicians  physician is in an ACO that fails to lower costs, CMS may deter-
        can work in concert with Accountable Care Organizations (ACOs)  mine the ACO, and the contracting physicians, are accountable
        to achieve the necessary results without investing in the framework  for the loss proportioned by the number of patients assigned to
        and structure it takes to achieve such improved patient outcomes.   the practice. depending upon the size of the practice, the upside
          How does vbC work? There are several levels of vbC where  potential can be in the millions of dollars. Contrarily, the down-
        physicians can participate. The objective is the same regardless of  side risk can be in the millions of dollars. Therefore, understand-

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