Tower’s Physician Follow-Up Service Kicks Costly SCS Out of MSA

June 20, 2024

Tower’s Physician Follow-Up Service Kicks Costly SCS Out of MSA

Nothing can stall settlement faster than a Medicare Set-Aside (MSA) that includes an unnecessary or unwanted medical procedure. Procedures like surgeries, spinal cord stimulators (SCSs), and intrathecal pain pumps significantly raise the costs of MSA allocations. Fortunately, Tower’s client partners have access to our complimentary Physician Follow-up service that Save on MSAs.

In a recent case, this service successfully removed a costly SCS from the MSA, resulting in a savings of $132,232.

Challenges with SCS Trial Inclusion in MSAs: Addressing Worker Reluctance and CMS Requirements

A worker who had suffered a low back injury was advised by his neurosurgeon and pain management physician to consider an SCS trial. A review of treatment records showed that the injured worker was very anxious about the procedure, and a psychological evaluation revealed a diagnosis of major depressive disorder.

Despite the worker’s reluctance to undergo the procedure, CMS will include it in the MSA, assuming that the worker may change their mind. Tower drafted an initial MSA to include the SCS for a total allocation of $157,500.

Successfully Removing SCS from MSA with Physician Statements: Tower’s Approach

The injured worker’s resistance to the procedure and results of the psych evaluation indicated he would not be a suitable candidate for an SCS. Therefore, we recommended that our Physician Follow-up service obtain statements from both physicians that confirmed the SCS is no longer part of the treatment plan. (If only one physician had provided a statement, CMS would likely keep the SCS in the MSA).

After client approval, in compliance with this jurisdiction’s regulations, Tower notified the plaintiff’s attorney of our intention to communicate with the injured worker’s providers. We then contacted the neurosurgeon and pain management specialist and provided them drafts of physician statements that confirmed the SCS is no longer a treatment option.

While it took several weeks of persistent follow-up with the physicians’ offices, Tower successfully obtained both signed statements.

Efficient MSA Revision: Tower Achieves Significant Cost Reduction and Quick CMS Approval

Tower revised the MSA down from $157,500 to $25,268 and submitted it to CMS. CMS approved the MSA within two weeks for the proposed amount.

In response, Tower’s client said, “Great job, Tower! I am so thankful for our partnership and truly appreciate your hard work and persistence. $132k in savings!!! Woohoo!”

The defense attorney said, “you guys work some real magic here, bravo!”

It’s more methodology than magic, but we often find opportunities to reduce the allocation or mitigate potential increases from CMS review when we draft an MSA. Vague references to potential future procedures mean these costs will be included in the MSA. CMS’s exacting review process requires explicit confirmation of the last dates of service and ongoing treatment and medications.

At no extra charge, Tower contacts physicians, clarifies treatment, drafts physician statements, and obtains medical providers’ signatures to document dates of treatment and ongoing and future medical care. This service paves the way to quick CMS MSA approval and mitigates the potential for unexpected increases.

To learn more about our Physician Follow-up service, please get in touch with Hany Abdelsayed at 888.331.4941 or hany.abdelsayed@towermsa.com.

MSA Second Opinion Success Story – $46,691 in savings

June 23, 2022

This success story demonstrates how an MSA Second Opinion can lead to a successful result with settlement of a WC case.

CHALLENGE:

An MSA was prepared by another MSP provider for approximately $110,000. Based on this MSA amount, the parties reached a tentative settlement. Prior to MSA submission the other MSP provider revised the MSA to $145,500 which was outside the parties settlement range. The cost drivers in the MSA were injections, surgeries and physician visits.

SOLUTION:

Tower’s MSA 2nd opinion review found the injured worker had repeatedly declined injection therapy and one of the two surgeries had not been recommended in the past two years. Consequently, Tower recommended eliminating the surgery and injections from the MSA. Our Physician Follow Up service contacted the treating physician and obtained the physician’s written statement that injections were no longer part of the treatment plan.  The physician also agreed to reduce the number of physician visits to a single annual visit.

RESULTS:  $46,691 in Savings

In addition to eliminating a surgery that fell outside the two years of medical records required by CMS, injections were removed, and physician visit frequency was reduced yielding an MSA of $98,809. The MSA report was submitted and approved by CMS and the parties were able to move forward with settlement and claim closure.

Tower’s MSA 2nd Opinion, offered at no charge, identifies, from another MSP provider’s report, discrepancies and inappropriate treatment which unnecessarily increases the MSA along with recommending interventions which may result in a lower CMS-approved MSA amount.

Tower’s Physician Follow Up Service, also offered at no charge, reaches out to the treating physician to confirm ongoing Rx and reduce excessive or unneeded treatments.

More Tower Success Stories can be found here!

MSA 2nd Opinion Success Story – $98,120 in savings

June 7, 2022

nurse conducting research for a Medicare Set Aside Second Opinion in a manual

CHALLENGE:

A Medicare Set-Aside was prepared by another MSP provider for $221,384.00.  In addition to extensive medical treatment and surgical procedures, the MSA included the medications omeprazole, ibuprofen, sertraline, and hydroxyzine.  As a settlement was not feasible with that MSA amount, it was submitted to Tower MSA Partners for a 2nd Opinion MSA Review.

Tower’s 2nd Opinion MSA Review is offered at no charge.

SOLUTION:

Following Tower MSA Partners’ standard MSA workflow, the Intake team compared the reported “accepted” body parts against information in the client’s claim system and determined that sertraline, intended to treat stress and depression, should be removed as “psyche/stress” was not an accepted body part. This yielded a savings of $58,320. Additionally, Tower identified inappropriate medical treatment, including an unnecessary bladder surgery, resulting in a further $37,234 reduction. Finally, Tower obtained a rated age from K.P. Underwriting, which lowered the treatment and prescription cost over life expectancy. Tower’s MSA totaled $123,263.68.

RESULTS:  $98,120 in Savings

In addition to eliminating Rx unrelated to the injury and appropriately allocating for medical treatment, Tower recommended the following pre-CMS submission to mitigate exposure and further lower the MSA:

  1. Tower drafted Body Part Letter to confirm accepted compensable conditions and specifically identified all other conditions discussed in the medical records as not “accepted” or paid for by our client.
  2. Tower’s Physician Follow Up Service, offered at no charge, to reach out to the treating physician to confirm if hydroxyzine is related to the WC injury and whether omeprazole and ibuprofen can be switched from prescription to over-the-counter versions.

More Tower Success Stories can be found here!

Download more information here or refer an MSA for a 2nd Opinion by contacting our Intake Team at 888-331-4941 or referrals@towermsa.com.