National Edition Banner March 2010
Vol 2, Issue 25

Find Solutions & Strategies                               June 20, 2011

Pill Bottle Money"Out of Network" Pharmacies

 

A primer on this developing issue and how to address it

In This Issue
-OUT OF NETWORK PHARMACIES
-HOME OFFICE INJURIES
-LARSON'S SPOTLIGHT: 5 RECENT CASES: Electronic Filing, Retaliatory Discharge, Computation of Benefits, Wage Earnings, Loss of Sight
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, DE news, DE case, PA case
-MSP COMPLIANCE BOOK
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From Our Guest Editor
Robin Kobayashi 2010

Dear WC Professionals:

 

We thank Jeffrey C. Napolitano, Esq. of  Juge Napolitano Guilbeau Ruli Frieman & Whiteley, in Metairie, LA, for his insights on the recent trend of out of network/attorney directed and physician directed pharmacies.
 
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Editorial Content & Product Development
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out of network pharmacies

Jeffrey NapolitanoOut of Network/Attorney Directed and Physician Directed Pharmacies, by Jeffrey C. Napolitano, Esq.

 

The total cost of providing prescription medication in Louisiana workers' compensation cases have skyrocketed in the past 3 years.  This can be attributed to both higher costs for the medication as well as higher utilization of medications.  Despite the greater use of Pharmacy Benefit Managers (PBMs) on the part of employers, claimant attorneys and physicians have discovered alternative methods to provide prescription medication to claimants that avoid any intervention on the part of the PBMs.  This presentation will identify these alternative methods and provide the employer with strategies to regain control over their prescription medication costs.

 

Why Do Claimant Attorneys and Physicians Want to Avoid PBMs? Once upon a time, workers' compensation claimants used to purchase their medication directly at the pharmacy using their own money, then submit the invoice for reimbursement.  However, this option soon became too expensive for the claimant to afford.  Now, once a workers' compensation claim is opened, most employers/carriers issue prescription cards to the claimant that allow him to obtain prescription medication for his injury without being out-of-pocket for these costs. Read more.

home office injuries

Karen YotisWorkers' Compensation and Home Office Injuries:  Dogged Claimant One Step Closer to Victory in Oregon, by Karen Yotis, Esq.

 

Traditional approaches to precepts as basic as 'course and scope of employment' and 'traveling employee' may be going to the dogs in Oregon because of a claim involving an interior decorator whose Home Sweet Home also functioned as her Home Sweet Office.  The employer, a WCLJ and the state's Workers' Compensation Board all agreed--the injury Mary Sandberg suffered when she tripped Bulldogover her dog while walking from her home to her garage to perform a work task did not 'arise out of' her employment [see 2008 Or. Wrk. Comp. LEXIS 987]. But in an opinion filed June 1, 2011, as No. 0702441/A140276, the Court of Appeals of Oregon saw it a very different way, and concluded that Sandberg "was where she was, doing what she was, because of the requirements of her employment." Id. at page 7. The court has remanded the case for a determination on whether Sandberg was injured in 'the course of' her employment, but a very important battle has nevertheless gone to the side of the home-based underdog. Read more.

Larson's spotlight: 5 recent cases you should know about

5 spotlightLarson's Spotlight reports noteworthy workers' comp cases each week. This list was compiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law. 

 

Tom Robinson thumbnail 

 

 

 > Read the summaries & court decisions.

 

1. OH: Employee Fired One Hour After Injury May Nevertheless Maintain Suit for Retaliatory Discharge

 

2. ME: Third-Party Administrator's Computer System Allows "Carriage to Turn Into Pumpkin" -Post-Midnight Electronic Filing Costs Employer Thousands

 

3. NC: Maximum Comp Rate For Year of Diagnosis - Not Year Employee Last Worked for Employer - Should Be Used for Computing Benefits

 

4. MS: Injury May Have Impacted Worker's Wage-Earning Potential In Spite of Increased Earnings After Injury

 

5. NC: Maximum Comp Rate For Year of Diagnosis - Not Year Employee Last Worked for Employer - Should Be Used for Computing Benefits

blogS at the lexisnexis workers' comp law community
Fraud SignWorkers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, and Investigations (6/16/2011) - Psychologist Charged With Fake Postal Employee Fear of Dogs Disability Claim. Read it.
  
    
Cassandra RobertsDE Department of Labor Announces New Comp Rates for 2011-2012, by Cassandra Roberts, Esq. Read it.

 

 

 

Cassandra RobertsBig Doings in Delaware--Lower Extremity Added to Practice Guidelines and Procedural Changes to UR (and a whole lot of other cool stuff), by Cassandra Roberts, Esq. Read it.

 

 

Pennsylvania signDuane Morris Alert: Pa. Supreme Court to Address Exclusivity of Pa. Workers' Compensation Act in Asbestos Cases. Read it.

 

how to achieve medicare secondary payer compliance

 MSP Red CC 

The Complete Guide to Medicare Secondary Payer Compliance

Jennifer C. Jordan, Esq., Editor-in-Chief

To order, go to www.lexisnexis.com/Medicare.

 

Medicare Secondary Payer Compliance is an elusive area of law - tucked away in various public laws, statutes, regulations and CMS guidance materials.

 

Worse, many people don't realize that the CMS approval process for MSAs is voluntary-and carries an inherent cost.

 

That's why you need this all-in-one handbook ...

 

Authored by the leading expert in the field of the MSP, "The Complete Guide to Medicare Secondary Payer Compliance" is the only available resource written by an industry insider with a deep understanding and practical knowledge about this highly complex and evolving area of the law.

 

For the first time, you'll find all relevant pieces of the law in one accessible place. And by understanding what CMS wants-and why it wants it-you'll be better able to:

Take control of your insurance settlements

Avoid pitfalls, delays and penalties

Comply with reporting requirements

 

You'll also learn that CMS' preference may not be the only way to achieve MSP compliance.

 

Attorneys agree! This is the first comprehensive resource for achieving Medicare Secondary Payer Compliance.

  

"Ms. Jordan and her contributors provide concise, practical analysis of the multiple layers and nuances of Medical Secondary Payer compliance. The Guide is a valuable resource for plaintiff and defense counsel, as well as insurance carriers, employers, and third party administrators."

 

- Ronald E. Weiss, Esq., Hamberger & Weiss, Rochester, New York. 

 

"The range of topics included in the book and updates is a beacon of wisdom in the confusing MSP compliance field."

 

- Tim Nay, Esq., Law Offices of Nay & Friedenberg, Portland, Oregon. Mr. Nay is a co-founder of the National Alliance of Medicare Set-Aside Professionals (NAMSAP). 

 

"I have a copy of Jennifer Jordan's book The Complete Guide to Medicare Secondary Payer Compliance and I am most impressed by same! I have recommended it to a number of attorneys here in Georgia."

 

- Richard C. Kissiah, Esq., Kissiah & Lay, Alpharetta, Georgia. 

 

"Finally, someone delivers a clear, concise reading in this area, with some definitive answers for both lawyers and claims specialists and accurate reporting dealing with MSP compliance and MSA allocations with all of the necessary resources found in one place."

 

- Brad Bleakney, Esq., Bleakney & Troiani. Read his complete review at Illinois Workers Compensation blog.
 

An excellent new book ... a one-of-a-kind resource ... [Jennifer C. Jordan's] straight-talk is much appreciated when it comes to this illusive area of the law." 

 

- Rebecca Shafer, JD, President, Amaxx Risk Solutions, Inc.

 
P1130 R12 cover

Implementation of the MMSEA reporting program is underway. Don't wait to order!

> Read more about the contents (1,350 pages). List Price: $179



 

national news
state news

CA: Governor Vetoes State Budget Bill.

CA: Possible Data Breach Reported and Contained for 300,000 Individual Records at Southern California Medical-Legal Consultants.

CA: DWC Pharmaceutical Pricing Calculator, Data Download File Revised to Restore Missing National Drug Codes.

CA: DWC Says TTD Rate for 2012 to Increase to $1010.50.

CA: CHSWC Releases Booklet on Workers Comp Benefits When Employer Illegally Uninsured.

CA: Senate Passes AB 1263 Regarding SCIF Post-Employment Lobbying.

CA: Op/Ed Says SCIF Seeks Unfair Competitive Advantage With AB 228.

CO: Governor Signs SB 11-199 Workers' Comp Changes.

DE: DIA Posts New Workers Comp Rate Effective 6/13/11.

IL: GOP Lawmaker Decries Diluted Workers Comp Reform Legislation.

IL: Attorney General Says Workers Comp Reforms Misses Key Issue on Causation Standard.

ME: Supreme Judicial Court Affirms Workers Comp Benefits When Adjuster's Notice One Day Late.

MA: DIA Posts Proposed Draft of Chronic Pain Treatment Guidelines.

MS: Supreme Court Reverses Denial of Benefits for Worker Whose Post-Injury Wages Exceeded Pre-Injury Wages.

MS: New Workers Compensation Commissioner Debra Hendricks Gibbs Officially Sworn In.

MO: John Hickey to Serve as Workers Comp Director of Labor Dept.

NV: Governor Vetoes Second Bill Targeting Worker Misclassification.

NV: Supreme Court to Hear Workers Comp Dispute on Pool Manager's Salary Issue.

NV: Supreme Court to Hear Workers Comp Dispute on Medical Benefits Post-Lump Sum Settlement.

NV: Governor Vetoes SB 207 Worker Misclassification, Says Penalties for Employers Too Extreme.

NV: DIR Posts Maximum Compensation Rate for FY 2012.

NJ: NJCRIB Adopts Changes to Manual Effective 7/1/2011.

NC: NCIC to Require Carriers, Providers to Adopt Electronic Medical Billing, Payment Processes.

NC: Senate Overrides Governor's Veto of HB 200.

OH: Budget Bill Approved by Senate Would Abolish Workers Compensation Council.

OH:  State Treasurer Urges Probe of Banks' Currency Trading Practices, Impact on Pension Funds, State's Workers Comp Insurance.

OH: Governor Appoints Karen Gillmor to Industrial Commission.

OK: Labor Dept. Commissioner Takes Aggressive Position Against Businesses Lacking Workers Comp Coverage.

RI: State Treasurer Concerned About Labor-Backed Bill Regarding Disability Pension Cases.

TN: Governor Signs Immigration Enforcement Compliance Law.

TN: Governor Signs New Captive Law.

TX: TDI Adopts Changes to Workers Comp and Employers Liability Insurance Policy.

VT: Dept of Labor Updates Mediator List for Workers Comp Disputes.

WA:  Defense Base Act: Chartis Denies Inpatient Treatment for Former Blackwater Worker.

WA: Supreme Court Rules Medical Marijuana User Has No Cause of Action for Termination by Employer.

WA: Governor Signs Workers Comp Reform Bill.

WV: Chief Justice Workman Slams Efforts to Create Intermediate Appeals Court.

WV: State Agencies' Workers Comp Data Released.

WI: Supreme Court Reverses Lower Court, Collective Bargaining Law Restored.

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ENEWSLETTER ARCHIVES
Take a deep dive into our past eNewsletters for 2011 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

June 13, 2011: Off-Label Drugs

http://archive.constantcontact.com/fs077/1102828640660/archive/1105759563348.html 

June 6, 2011: Transgender Issues

http://archive.constantcontact.com/fs077/1102828640660/archive/1105773492324.html 

May 31, 2011: Cell Phone Distractions

http://archive.constantcontact.com/fs077/1102828640660/archive/1105697648150.html

May 23, 2011: FECA Reform Proposals; Benefits Review Board Update

http://archive.constantcontact.com/fs077/1102828640660/archive/1105575780840.html

May 16, 2011: Full Face Transplant; Medical Foods; P&C Industry Trends

http://archive.constantcontact.com/fs077/1102828640660/archive/1105506640276.html 

May 9, 2011: State of the Line; Workers Comp Trends

http://archive.constantcontact.com/fs077/1102828640660/archive/1105406865560.html 

May 2, 2011: Prescription Drug Abuse

http://archive.constantcontact.com/fs077/1102828640660/archive/1105306219674.html 

April 25, 2011: Radiation Exposure; Medical Fee Schedules

http://archive.constantcontact.com/fs077/1102828640660/archive/1105243933380.html

April 18, 2011: FECA Reform

http://archive.constantcontact.com/fs077/1102828640660/archive/1105151454598.html 

April 11, 2011: NCCI's 2011 Workers' Comp Issues Report

http://archive.constantcontact.com/fs077/1102828640660/archive/1105054845597.html 

April 4, 2011: Workers' Comp Centennial

http://archive.constantcontact.com/fs077/1102828640660/archive/1104945262995.html

March 28, 2011: Medicare Secondary Payer Reform Legislation; LHWCA Comp Rates

http://archive.constantcontact.com/fs077/1102828640660/archive/1104894130984.html 

March 21, 2011: Triangle Shirtwaist Factory Fire

http://archive.constantcontact.com/fs077/1102828640660/archive/1104811663296.html 

March 14, 2011: Medicare Set-Aside & Special Needs Trust; Union Battle

http://archive.constantcontact.com/fs077/1102828640660/archive/1104742747659.html 

March 7, 2011: 50 State Labor Law Ranking; Illegal Aliens & Workers Comp

http://archive.constantcontact.com/fs077/1102828640660/archive/1104678900034.html 

February 28, 2011: Union Battle

http://archive.constantcontact.com/fs077/1102828640660/archive/1104610168211.html 

February 21, 2011: Erectile Dysfunction in Workers Comp Claims

http://archive.constantcontact.com/fs077/1102828640660/archive/1104523576536.html 

February 14, 2011: Workers Comp Notable People 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1104442568785.html 

February 7, 2011: Workers Comp Centennial; NCCI's Gauging the Economy

http://archive.constantcontact.com/fs077/1102828640660/archive/1104372668124.html 

January 31, 2011: Medicare Set-Aside Allocations; Workers Comp Soft Market

http://archive.constantcontact.com/fs077/1102828640660/archive/1104299196240.html 

January 24, 2011: Sex, Lies & Videotape - Injured Worker

http://archive.constantcontact.com/fs077/1102828640660/archive/1104266393145.html 

January 17, 2011: FECA & Workers Comp Waste; Medical Residents; AMA Guides

http://archive.constantcontact.com/fs077/1102828640660/archive/1104223885217.html
January 10, 2011: Top 10 Bizarre Cases for 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1104176109384.html 

January 3, 2011: Depression and Delayed Recovery

http://archive.constantcontact.com/fs077/1102828640660/archive/1104102646819.html 

 

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