Prescription Drugs and Nevada Workers' Comp Claims

Part A

The NCCI is an organization that keeps statistics on work injuries in the various states.  A recently released  August 2011 NCCI Research Brief by Lipton, Laws and Li  focused on prescription costs.  According to this study,  prescription drugs are 19% of the medical costs on an average claim.   The study showed that it was not the price of drugs that was responsible for increased prescription costs.  Instead, increased drug costs were attributable to doctors prescribing more drugs and more expensive drugs. Also responsible was the growing  trend in many states by treating doctors to sell prescription drugs in their offices.  Additionally, the study also found that physicians who sold drugs in their office were charging more for drugs than local pharmacies, 

This trend, which is particularly popular with California physicians,  hasn't caught on in Nevada yet,  According to NCCI's statistics, Nevada presently has lower prescription costs per medical claim than most other states, and relatively few doctors in Nevada sell the drugs they prescribe.  

The NCCI study did not suggest that doctors were doing anything wrong by selling prescription drugs to patients, or that they were wrong in selling drugs at prices higher than pharmacies. The study mentioned why  pharmacies are able to sell drugs at lower prices, and the study suggested that some doctors wanted to dispense small amounts of drugs for the benefit and convenience of their patients. The study listed wanting to make more money as a reason doctors were now dispensing prescriptions.  However, the study did not fully explore the subject of physician profits from this practice. 

The negotiated fees paid to doctors for their treatment of injured workers on Nevada claims seems ridiculously low to me. Unfortunately, some physicians try to make up for low rates by scheduling more and more  patients in a day.   In Nevada, most insurers won't keep a physician on their provider list unless the physician agrees to accept less than what the Nevada fee schedule allows. I wonder whether the profit margins earned by Nevada physicians  on workers' compensation claims will cause them  to start selling  prescription drugs to their patients.  

The NCCI study didn't delve into the ethics of physicians establishing  a secondary profit center at their offices selling prescribed medication to patients.  I haven't researched  this topic, so  I don't know whether there are existing rules or regulations that govern the conduct of physicians who do this.  It just doesn't seem  right to me, though. The study also found that doctors were prescribing more drugs and more expensive drugs.   Even if the physician is completely ethical, won't  patients wonder whether the physician is prescribing a particular medication just for the purpose of selling it?   Maybe I've been lucky with the physicians I've seen in La's Vegas for my own health care.  Many have given me free samples of prescribed medications so that  I could  avoid or reduce prescription costs.

For me, the NCCI Prescription Drug Study, 2011 Update, raised many questions about the future role of physicians on workers' compensation claims.  If Nevada physicians join the trend in dispensing prescriptions form their offices, it is likely that medical costs on the claim will increase.  Injured workers do not have to pay for prescriptions on an open, accepted claim in Nevada.  However, if claims costs increase for insurers,  insurers will be looking for ways to save money.  That could mean  rushing the injured worker  through second-rate medical care, denying authorizations for diagnostics or treatment, or trying to short-change the claimant on his PPD award or his vocational program.

Stay tuned for Part B on Prescription Drugs and how to handle problems obtaining necessary prescriptions on your claim.  Meanwhile, I would like to hear your opinions on the subject of physicians selling prescription drugs that they prescribe. 

 

 

Delays in Getting Medical Care on Your Nevada Work Comp Claim

Delays in getting medical care authorized are the reason most injured workers contact me for help on their claim.  Here is some additional information about treatment delays and what  you can do to get proper medical care on time on your  Nevada workers' compensation claim.  

  • An insurer won't authorize expensive tests like MRI's or EMG/nerve conduction studies until the insurer decides to accept your claim.  The adjuster has 30 days to accept or deny the claim.   If the claim is denied, no tests or further treatment will be authorized.
  • Prior authorization must be sent by your treating doctor to the adjuster for diagnostic tests (other than in-office x-rays), physical therapy, consultations with other doctors, or for surgical procedures. 
  • The adjuster has 5 working days to respond to a doctor's request for authorization pursuant to NRS 616.157.
  • Insurers can delay treatment or tests by scheduling an injured worker for a consultation or an independent medical exam with a doctor chosen by the adjuster.  The adjuster can suspend your benefits for non-cooperation if you don't attend this appointment.  NRS 616C.140.
  • The insurer can delay authorizing treatment or diagnostic testing until the requesting doctor  provides the adjuster with his dictated medical report.
  • The insurer might have a medical review done of the request.
  •  An adjuster should copy you on any denial of the requested treatment or test. and give appeal rights instead of just notifying the doctor of the denial.  NAC 616C.091(3).
  •   If you moved outside of Nevada, the insurer won't  authorize medical care with an out-of-state doctor until the insurer is sure that the doctor will accept what the Nevada medical fee schedule allows for office visits and treatment. 
  •  
  •  What you can do:
  1. Make sure that your doctor faxed the request for prior authorization to the adjuster.
  2. If the adjuster hasn't acted within 5 working days, and doesn't give you a reason for the delay, you may file a complaint with the DIR, with a copy to the adjuster. Some adjusters will then respond, not wanting to deal with a DIR investigation. See NAC 616C.092. 
  3.   File an appeal if you have requested a transfer of doctors or some particular treatment. File appeals of any medical review doctor's opinion denying the requested treatment or test.    You may appeal an insurer's failure to respond to your written request after 30 days.
  4.  You may ask your doctor for help by having him talk to the adjuster to explain why treatment or testing is necessary.
  5.  Make sure that your out-of-state doctor will accept the Nevada fee schedule before you ask the adjuster to allow treatment with that doctor.
  6.  Get legal help if there are delays that  prevent you from getting the medical care you need now for all of your injuries.  Most attorneys do not charge for an initial consultation.

 

Las Vegans Headed Back to Work? Let's Hope So!

The recent edition of "In Business"  magazine reports that the world's largest solar eneregy project located near Primm is providing 480 laborer  psotions on site, and that 10 to 15% of the workers come from Clark County.    In addition to union labor, who must come from'San Berardino County first,,there will also be  about 220 executive  and other positions.  At  its peak, the  project will employ about 1,400 construction workers such as carpenters, desertt biologists, engineers, and others. 

That same magazine discussed current  projections that over the next five years, McCarran International Airport will be among the nations' fastest -growing airports. Components to attract growth include stratgies to attract international travel from and to Canada, Mexico, and Latin America.

45% of of those respnding to a poll done the last week in August 2011 statted that they expdected thier business to make a profit this year.  11% weren't sure, and 43% didn't know whether they would be profitable in 2011. 

 

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Mileage Reimbursement Rates and Maximum Average Monthly Wage for Nevada Workers' Comp Claims

 There's good news and bad news.  The good news is that effective July 1, 2011, the mileage reimbursement rate for using your car to go to and from doctors and physical therapists visits increased from 51 cents per mile to 55.5 cents per mile.  Injured workers must have traveled more than 20 miles one way for medical care, or alternatively, have traveled a total of 40 miles or more during a week time period to qualify for reimbursement. (NAC 616C.150.) Use a mileage reimbursement form to send to your adjuster (or forward it to my office if you are already a client and we will take care of it for you). Don't wait until the end of your claim to turn in these forms. They must be sent in within 60 days of your qualifying trips.

The bad news for injured workers is that the state's maximum average monthly wage for injuries occuring after July 1, 2011 has been decreased slightly again for the second year in a row.   This is the figure that is used to calculate lost time compensation benefits and the permanent partial disabilit award.  The most an injured worker can collect for being disabled each month on new claims is $3,434.38. That means that if an injured worker is making high wages at the time of her accident after July 1, 2011,  she will get far less than 2/3 of her average monthly wage if she is off work and entitled to temporary total disability benefits.  Her final award for a permanent impairment will be less also. 

Tip  If you aren't receiving maximum compensation benefits, but think you should be, take advantage of a free consultation with an attorney to review the average monthly wage calculation on your claim.  You must do this before you accept a PPD award.