Why Purchasers Will Continue Efforts for Reduction in Never Events Barbara Rudolph, PhD, MSSW Senior Science Director Matt Austin, MA, ABD Director, Leapfrog Hospital Survey The Leapfrog Group Today’s Webinar • Introduction • Background on Never Events • Purchaser Contributions to Reduction in Never Events • Regulatory Interventions • New Evidence on Financial Impacts of Never Events/Adverse Events 2 2 Introduction • Perspective today is based on the purchaser viewpoint but acknowledges the efforts of providers to reduce and eliminate harm • Discussion will focus on Never Events—those events that should never occur--and Serious Reportable events– • These care problems resonate with those who pay for care, provide care and those who receive care 3 Background • Institute of Medicine publication in 1999 of “To Err is Human” triggered attention on mistakes in care delivery— and called on purchasers to “pursue continuous improvements” and to reduce error related deaths by 50% in five years • CDC Report in 2000 said hospital acquired infections added $5 billion to medical costs • NQF Serious Reportable Events (SRE) Report 2002 provided a framework for defining serious mistakes in care delivery and enabled purchasers to ask for “reporting” • 2003 Minnesota required public reporting of SRE’s 4 National Quality Forum Efforts •Serious Reportable Events Report •NQF Priorities-Adverse Events Serious* Reportable Events • In 2002, the National Quality Forum (NQF) endorsed a list of 27 adverse events that are serious, largely preventable, and of concern to both the public and healthcare providers for the purpose of public accountability. • In 2006, an update was released for the Serious Reportable Events in Healthcare. • Serious Reportable Events also came to the forefront at the Priority Partners Meeting in March of 2008 (next slide). • In 2010, a committee was established to review and update the report by adding new events and to change the “language” around Never Events *Serious describes an event that results in death or loss of a body part or disability or loss of bodily function lasting more than seven days or still present at the time of discharge from an inpatient healthcare facility Never Events Must be-• Unambiguous—clearly identifiable and measureable • Usually preventable • Serious—resulting in death, loss limb, loss of functioning • Any of the following: --Indicative of problem in facility safety systems --Adverse in consequences --Important for credibility or accountability 7 NQF Preliminary Goals for Serious Adverse Events—Priority Partners* 1. Reduce serious adverse events in hospitals. 2. Require broader harmonization of serious adverse events across payers 3. Linkage to non-payment for all serious adverse events by date certain 4. Identify and prioritize the measurement gaps by impact on cost and lives saved * Meeting March 2008 Purchaser Efforts • The Leapfrog Group • Centers for Medicare and Medicaid Services • Private Health Plans Safe Practices: A Roadmap for Addressing the Never Events • In 2003, the Leapfrog Group added the NQF Safe Practices • Safe Practices included: Creating a Culture of Safety, increased accountability for improvement; greater leadership engagement; reporting to Boards on safety improvements; continual monitoring of safety; preventing infections (CLABSI), and preventing pressure ulcers • By 2007, at least 1000 hospitals nationally had completed Safe Practices Section of the LF Hospital Survey 10 The Leapfrog Group Hospital Survey (2007): Never Events Policy Asked hospitals to report on whether they agreed to adopt the following policy: • We will apologize to the patient and/or family affected by the never event • We will report the event to at least one of the following agencies: – Joint Commission on Accreditation of Healthcare Organizations (JCAHO), as part of its Sentinel Events policy* – State reporting program for medical errors – Patient Safety Organizations • We agree to perform a root cause analysis, consistent with instructions from the chosen reporting agency • We will waive all costs directly related to a serious reportable adverse event 2009 Never Events Results 100 75 65 67.8 2008 2009 50 25 0 % of Hospitals that Fully Met Leapfrog Incorporated Hospital Acquired Conditions Survey Section • Hospital Acquired Pressure Ulcers (2008) • Hospital Acquired Injuries (2008) • Central Line-Associated Blood Stream Infections (2009) Reported out as rate per 1,000/ inpatient days or central line days Hospital Performance on Central Line-Associated Bloodstream Infections Fully Meets Standards Substantial Progress Some Progress Willing to Report Standardized Infection Ratio (SIR) range for the performance category =0.00 > 0.00 and <=0.90 > 0.90 and <= 1.10 (or > 1.10 and participates in ON THE CUSP) > 1.10 and does not participate in ON THE CUSP No. of Hospitals in Performance Category 88 (12%) 391 (53%) 151 (20%) 110 (15%) No. of hospitals in this performance category that participate in their state’s ON THE CUSP: STOP BSI CLABSI prevention program 30 (34%)* 141 (36%)* 116 (77%)* * Percent based on number of hospitals in Performance Category Based on Leapfrog Hospital Survey results as of August 31, 2010 CMS Measures for Non-Payment--2008 • With the passage of the Deficit Reduction Act of 2005 (DRA), the Congress took steps to revise the way Medicare pays hospitals. Beginning on October 1, 2008, they would not receive higher payments for patients that acquire certain preventable conditions (including any of three HAIs) during their hospital stays. • The HAI-related preventable conditions that CMS identified in the final regulation implementing subsection 5001(c) of the DRA were urinary tract infections caused by catheters, infections caused by vascular catheters, and mediastinitis following coronary artery bypass graft surgery. CMS Wrong Surgical/Procedure--2009 • In 2009, CMS’s Wrong Surgical or Other Invasive Procedure position to consider wrong surgeries performed as non-covered services was implemented via National Coverage Determinations effective Jan. 1, 2009. Wrong surgeries include: • Surgery on the wrong body part • Surgery on the wrong patient • Wrong surgery performed on a patient 16 16 HACs Resulting in Reduced Medicare Payment for FY2009 • • • • • • • • Pressure ulcer stages III and IV Falls and trauma Vascular-catheter associated infection Catheter-associated urinary tract infection Administration of incompatible blood Air embolism Foreign object unintentionally retained after surgery Surgical site infection after bariatric surgery for obesity, certain orthopedic procedures, and bypass surgery • Deep vein thromboses and pulmonary emboli associated with knee and hip replacements • Certain manifestations of poor glycemic control 17 17 Impact of Payment Adjustment for Hospital-Acquired Condition—Pressure Ulcer Inpatient PPS Wage Adjusted Rate $ 6,602.57 Weight DRG 195 Simple Pneumonia w/out CC DRG 194 Simple Pneumonia w/CC Payment 0.8398 $ 5,544.61 1.0235 $ 6,757.41 707.01 Pressure Ulcer - Elbow Potential Payment Reduction 18 $ (1,212.80) 18 Health Plans with Payment Policies on Serious Adverse Events • Partners Health Plan—Minnesota first • Cigna-implemented through national policy in 2008 2008 consistent with CMS policy • Aetna-implemented Leapfrog’s policy through contracts over 3 years with hospitals to end reimbursement for 28 "never events" beginning in March 2008 • Wellpoint also adopted “never events” policy covering 27 events—policy announced in Jan 2008 (covers 35 million members) • Humana has followed CMS lead in payment policy changes for NQF Reportable adverse events Health Plan Implementation of Never Event Policies • BCBSA national policy announced in November 2007, pushing affiliated plans to no longer pay for serious errors and hospital-acquired conditions. • Blue Cross Blue Shield of Massachusetts adopted policy that 28 kinds of medical and surgical errors were no longer billable in 2008 • WellPoint is testing a policy that does not reimburse for four “never events” in certain states. • United Healthcare has incorporated LF’s policy statement into its hospital contract forms beginning 3rd qtr 2009 for future contracts 20 20 Regulatory Interventions • In 2003, the Minnesota Legislature passed the Adverse Health Care Events Law, requiring hospitals and ambulatory surgical centers to report to the Minnesota Department of Health whenever one of 27 – now 28 - serious adverse health events occurred. • By September 2005, twenty-five states had passed legislation or regulation related to hospital reporting of adverse events. (NASHP, Maximizing the Use of State Adverse Event Data to Improve Patient Safety) 21 State Activity • While not all states have developed adverse medical event reporting systems ; many states have been quick to adopt or adapt reporting systems to incorporate recommendations made in To Err Is Human (IOM, 2000), according to Rand study (2006) 22 Minnesota Events In their 2008 report, the state totaled over 800 “never events” reported between 2003 and 2008 23 Why we need to keep going! • Report sponsored by Society of Actuaries’ Health Section,“ The Economic Measurement of Medical Errors”. (June 2010), © Milliman • Based on claims data– found cost of $19.5 billion—for medical errors in 2008 • Direct increase in medical costs ($17 billion or 87%) • Indirect costs of approximately $1.4 billion related to increased mortality • $1.1 billion related to lost productivity from short-term disability 24 Errors with Largest Annual Measureable Cost J. Shreve, J. VanDenBos, T.Gray, M.Holford, K. Rustagi, and E. Ziemkiewicz. Economic Measurement of Medical Errors, Society of Actuaries, June 2010. 25 25 Overall Result of Errors in 2008 • • • • • Approximately $13,000 per error Total cost to US $19.5 billion 2,500 excess deaths 10 million excess days missed from work And, not all costs can be coded and thus are not included..for example, deaths occurring outside the hospital, pain and suffering, malpractice payments or insurance payments, no administrative costs associated with hearings 26 26 But wait! Is the data right? Authors reference Layde et. al., study reporting that, in at least 90% of claims with ICD-9 DX Codes indicating a medical error, the patient actually experienced an error. 27 27 Keep up the pressure? It is working! But we have a ways to go• 30% of hospitals haven’t agreed to policy—citing that they do not have legal protections to apologize or admit errors • Some hospitals at zero errors, but many still experiencing preventable errors 28 28 The University of Michigan Health System (UMHS) Never Events • Study released—showing significant reductions in litigation and malpractice costs using honesty and apology following medical errors • Greater than 50 percent reduction in average litigation costs and reduced malpractice claims by 55 percent between 1999 and 2006. 29 MN DOH Report: Significant Impact of Never Events Reporting 72 percent of facilities feel--reporting law has made hospitals safer than we were in 2003 Facilities have made numerous changes in policies, processes, and approaches to prevention of the most common types of adverse events Increased sharing of adverse events data with boards of directors, staff and other facilities, disclosing adverse events to patients and family members, leadership engagement, and assessment of each organization’s safety culture. 30 30 Reporting Impact 31 31 Resources • NQF Safe Practices Report www.qualityforum.org • Leapfrog’s Hospital Results can be found at: www.leapfroggroup.org • The Economic Measurement of Medical Errors paper is available at: http://www.soa.org/files/pdf/research-econmeasurement.pdf 32