Home >Newsletters >July 1997
 
ASA NEWSLETTER
 
 
July 1997
Volume 61
Number 7
 
PRACTICE MANAGEMENT

How Many Anesthesia Practices Have Exclusive Contracts?

Karin Bierstein,
Practice Management Coordinator



A recent survey of anesthesia groups revealed that 58 out of 113 respondents, or 51 percent, currently have exclusive contracts with their hospitals. The survey was conducted by Genie G. Blough, M.B.A. (Anesthesia Services PC, Mobile, Alabama), David Fugate, M.S. (Anesthesia Associates of Ann Arbor PC, Ann Arbor, Michigan) and Shena Scott, M.B.A., CMPE (Brevard Anesthesia Services PA, Melbourne, Florida). The authors of the survey, all members of the Anesthesia Administration As-sembly (AAA), the specialty section within the Medical Group Management Association, reported their results at the annual meeting of the AAA held in Boston in May.

Demographics of responding practices:

The survey was sent to the nearly 500 members of the AAA. This sample represents a small proportion of ASA membership, but it encompasses some of the most sophisticated practices across the country. Still, the survey results are to be considered with caution, given that a low absolute number of answers produced many of the statistics and that the response rate to many questions was less than 20 percent.

Eighty-six of the survey responses came from private practices; 24 respondents identified themselves as academic. [Not every respondent completed every question, which accounts for totals of less than 113.] Forty-two practices were in the Midwest, 34 in the South, 24 in the Northeast and nine in the West. The largest practices, with more than 20 anesthesiologists, accounted for 30 percent of the total. The smallest, consisting of fewer than five anesthesiologists, constituted 10 percent of the total.

Eighty percent had competing facilities, i.e., other hospitals or freestanding ambulatory surgical centers in the immediate service area.

A trend toward exclusive contracts?

Of the 49 percent of groups that do not currently have an exclusive contract, 61 percent do not expect to confront a contract within the next two years. Thus, 30 percent of the total anticipate a contract-free existence for at least another two years. This figure includes practices that have a de facto exclusive relationship: 35 percent of the 113 respondents reported such de facto "franchises," leaving only 14 percent (16 practices) in an open competition situation.

Characteristics of the respondents' exclusive
contracts:
  • Medical staff privileges: Potentially the most onerous provisions in anesthesiologists' hospital contracts are those that tie clinical staff privileges to the contract term. We have assumed that these provisions are very common and difficult to resist, but among the 58 practices with exclusive contracts, only 53 percent had privileges tied to the contracts. Of those, nearly one-half had some form of protection in the event of termination of privileges based on termination of the contract. Protective devices include liquidated damages, automatic appeals to the Medical Executive Committee to review any possible adverse impact on quality of care, sometimes coupled with a super majority voting requirement, and lengthy (e.g., 12-month) notice of termination requirements.
    A show of hands among the practice administrators attending the presentation of the survey results in Boston revealed that a minority had contracts linked to privileges.
  • Duration of the contracts: The term of the contracts in the survey was most commonly just one year (18). Another 15 were three-year contracts and eight were for two-year terms. Five had five-year terms and one was for more than five years.
    As most readers are aware, of course, a three- or five-year term is meaningless if the contract can be terminated without cause upon 30, 60 or 90 days' notice. In that case, it is a 30-, 60- or 90-day contract. The vast majority of the surveyees with contracts had 90-day termination clauses (25). Two contracts required less than 45 days' notice and four required a full year.
    Seventy-four percent of the respondents' contracts had automatic renewal provisions.
  • was a reasonable amount of stability in the anesthesiology groups' relationships with their hospitals: 19 had been in effect for more than 15 years; 18 for five to 15 years; nine for two to five years, and 13 for less than two years.
  • Chronic pain: Thirty-three groups reported that their exclusive contracts expressly included chronic pain services. Inclusion of chronic pain was common among the audience members with exclusive contracts, and usually the exclusion applied only to other anesthesiologists, not to neurologists or other specialists.
  • Noncompete clauses: Five groups were required to limit their services to the contracting hospital. Another 23 were prevented from working at competing facilities within the geographic area. Where there was a noncompete clause, it typically applied to the whole group rather than just to the anesthesiologists working at the facility.
  • Hospital negotiation of managed care contracts: Seventy-four percent of the responses to this question indicated that the hospital had not been given the right to negotiate managed care contracts on behalf of the anesthesiology group. A similar proportion of the Boston audience appeared not to have authorized hospital negotiation of their agreements, either through exclusive anesthesia contracts or through single-signature arrangements. Seven groups responding to the written survey, however, did allow the hospital to bind them, without any floor. In the seven other cases where there was a negotiation floor, the average level at which the floor was set was 66 percent of charges.
  • Coverage required: Sixty-five percent of the groups were required to provide in-house coverage. For the others, 39 percent were required to be within 30 minutes of the hospital; 34 were required to be within 15 minutes and 10 percent could not be more than 10 minutes away.
    Eighteen groups (13 private, five academic) were obli-gated to provide a designated call team to a specific department or departments (obstetric, cardiac, trauma, ICU and pediatrics). Having to provide separate call teams to multiple departments is extremely onerous, since multiple anesthesiologists and nurse anesthetists may need to be available during a given call period.
  • Stipends: Twenty-seven of the responding groups had contracted for stipends. Where stipends were paid for coverage of a specific department, six institutions paid more than $100,000 for obstetrics coverage and four paid that much for general in-house coverage. Stipends were also paid for ICU, trauma and pediatrics coverage, typically at more than $50,000 per year.
    Stipends offer a means for both the hospital and the anesthesiology group to achieve specific purposes in contract negotiations. For example, the amount of a stipend can be related to an efficiency index to provide an incentive to limit O.R. turnover time.
  • Medical director contracts: Thirty-six respondents reported that a member of their group received a stipend for serving as operating room medical director. Another 33 were paid for directing an ambulatory surgical center and 33 also earned a stipend for directing a chronic pain clinic. Twelve of the stipends for O.R. medical directors exceeded $100,000 annually (10 of these were at academic institutions). The majority of ambulatory surgical center contracts were for less than $50,000 per year, and most pain clinic contracts were for less than $25,000. Thirteen institutions were considering decreasing or increasing the stipends. Seven were considering instituting compensation.
  • Hospital employment of anesthesiologists: Nine groups indicated that their anesthesiologists were employed by the hospital, either for all services or just for airway management or pain management. Four of those nine groups retained control of billing. The other five were paid a fixed amount by the hospital, which billed and collected for their services.
  • Employment of nurse anesthetists: The majority of the 108 groups represented in the answers to this question, i.e., 67 (62 percent) employed nurse anesthetists. Fourteen respondents came from facilities where nurse anesthetists were not used. Twenty-two hospitals employed the nurses. Three respondents reported that the nurse anesthetists were independent, and two reported that the nurses were employed by both the group and the hospital.
  • groups were responsible for billing for the nurse anesthetists' services. Some of these groups may be providing billing services to independent nurse anesthesia practices.
Conclusion

Understanding patterns and trends in one's industry is critical to successful contract negotiations. Knowing that a majority of anesthesiologists now appear to work under a formal or de facto exclusive arrangement and that only 30 percent of the respondents to the survey expect to remain without a hospital contract for more than the next two years may make a practice invest more energy in determining the best possible deal than in resisting a demand for an exclusive. Having data to show that "clean sweep" provisions linking anesthesiologists' hospital privileges to the term of their contracts, far from being universal, are found in only about half of the contracts sampled may support a very important argument.

I would like to thank Ms. Blough, Ms. Scott and Mr. Fugate for having made the results of their survey available for this column. I would also like to thank the respondents, to this and to the multiple surveys that ASA is fielding. If you seem to be spending more and more time completing more and more questionnaires, you are probably a good observer of reality. Surveys are a chore, a very necessary one. Data is the name of the game.

Next AAA Annual Meeting:

The 1998 meeting of the Anesthesia Administration Assembly will take place in Denver on May 3-6.

Medicare's Undervaluation of Anesthesia Services Explained

The following text, describing the manner in which Medicare undervalues anesthesia services, originally appeared in the "Practice Management" column in the June 1997 NEWSLETTER as part of a longer article. Inadvertently, several lines of text were omitted from the printed version. This omission gives us the opportunity to republish in full an explanation of why the undervaluation of anesthesia persists, a topic on which the ASA Washington Office receives numerous communications.

Medicare undervalues anesthesia services. Many payers are attempting to adopt the Medicare Resource-Based Relative Value Scale (RBRVS) as a payment system for all specialties, and they typically offer physicians 110 to 130 percent of Medicare payment rates. Anesthesiologists confronting a contract with an unacceptable conversion factor that is based on the Medicare Fee Schedule may wish to show the carrier that anesthesia remains relatively undervalued by Medicare.

The 22.76-percent increase in the Medicare anesthesia work values that took effect on January 1, 1997, reflected a strategic compromise rather than the actual change needed for parity, in ASA's view. The multispecialty panel of experts convened in the first phase of the Abt Associates Inc. study of anesthesia work values recommended an increase of approximately 35 percent. The AMA/Specialty Society Relative Value Update Committee (RUC) invited ASA to attempt to validate this recommendation through a survey of double-boarded anesthesiologists. The result of the survey was a set of work values that were, on average, 30.3 percent higher than those contained in the report of the multispecialty panel.

Following this "validation," the original multispecialty panel reconvened to review its recommendation and the survey findings. In general, the panel concluded that the survey values were too high, but that the survey did warrant a modest adjustment to the panel's original recommendation, which went from a 35-percent to a 40-percent increase in work values.

ASA's final recommendation to the RUC in August 1996 was for a 35-percent increase. A redistribution of Medicare dollars, this being a budget-neutral exercise, of that magnitude was unpalatable to the other specialties on the RUC. Nevertheless, recognizing the merits of ASA's argument about undervaluation and of the Abt study methodology, the RUC voted unanimously to recommend a 22.76-percent increase to the Health Care Financing Administration (HCFA). In its final rule on the Medicare Fee Schedule for 1997, HCFA adopted that recommendation.

The 22.76-percent increase in work values was implemented through a 15.95-percent increase in the 1997 Medicare anesthesia conversion factor (CF). (Because of budget-neutrality adjustments that applied equally to all specialties, the final increase was 9.1 percent.) Had the multispecialty panel's and ASA's recommendations for a 35-percent increase been adopted, the adjustment to the CF would have been 24.29 percent. The difference between 24.29 and 15.95, i.e., 8.34 percentage points, arguably represents, at the least, Medicare's ongoing undervaluation of anesthesia services.

 


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