Physician-Owned Hospitals Continue Fight Against Restrictions

In a December report on hospital value-based purchasing from CMS, nine of the top 10 performing U.S. hospitals were physician owned, according to an American Medical News report. In fact, this list identified 48 physician-owned hospitals in the top 100.

Physician Hospitals of America (PHA) President Paul Kerens noted in a recent issue of PHA ePulse, PHA's e-publication, that the new quality data from CMS that shows physician-owned hospitals "very favorably" will be included in the association's efforts on the Hill.

Despite this impressive performance by the small industry (there are less than 240 physician-owned hospitals nationwide), there are serious limitations on expansion of existing and development of new physician-owned hospitals due to changes to the Stark Law included in the Patient Protection and Affordable Care Act (PPACA).

The physician-owned hospital industry, led by advocacy association PHA, has fought against the 2010 PPACA-imposed limitations, including the various predecessor provisions appearing in bills that pre-dated PPACA. Supporters of physician-owned hospitals continue to seek ways that the restrictions can be legislatively refined into more manageable provisions that are good for clinical care and the broad hospital industry generally.

 

Healthcare & Life Sciences Private Equity Deal Tracker: Harvest Partners Acquires AxelaCare

Harvest Partners, LP, has announced it has acquired AxelaCare Holdings, Inc., from Excellere Partners.

Harvest Partners is a middle-market PE firm based in New York.

AxelaCare, based in Lenexa, Kansas, is a full-service home infusion therapy provider.

Excellere Partners is a middle-market PE firm based in Denver.

Financial terms were not disclosed.

Healthcare & Life Sciences Private Equity Deal Tracker: Argon Medical Devices Completes Acquisition of Angiotech Pharmaceuticals Subsidiary

Argon Medical Devices has completed its acquisition of the interventional products business of Angiotech Pharmaceuticals Inc., according to a news release.

Argon Medical Devices, based in Plano, Texas, is a manufacturer of specialty medical products, in areas including interventional radiology, vascular surgery, interventional cardiology and critical care procedures. It is a portfolio company of Lake Forest, Il.-based PE firm RoundTable Healthcare Partners.

Angiotech Pharmaceuticals, headquartered in Vancouver, British Columbia, Canada, develops, manufactures and markets medical devices primarily within the areas of interventional oncology, wound closure and ophthalmology.

Financial terms of the acquisition were not disclosed.

Healthcare & Life Sciences Private Equity Deal Tracker: Carestream Health Bidders Down to Bain and Thomas H. Lee

Bain Capital LLC and Thomas H. Lee Partners are the two remaining bidders for Carestream Health Inc., according to a Reuters report.

Carestream Health, headquartered in Rochester, N.Y., is a worldwide provider of dental and medical imaging systems and healthcare IT solutions; x-ray film and digital x-ray systems for non-destructive testing; and advanced materials for the precision films and electronics markets.

The company was formed in 2007 when Onex Corporation, a Toronto-based PE firm, acquired Eastman Kodak Company's Health Group and renamed the business as Carestream Health.

Bain Capital and Thomas H. Lee Partners are both PE firms based in Boston.

The auction of Carestream had also drawn interest from Carlyle Group LP, , Hellman & Friedman LLC and KKR & Co LP, according to earlier reports.

The deal could be valued at upwards of $3.5 billion.

Healthcare & Life Sciences Private Equity Deal Tracker: Sarnova Acquires Progressive Medical International

Sarnova, Inc. has announced it has acquired Progressive Medical International Inc.

Sarnova, based in Dublin, Ohio, is a specialty distributor of healthcare products in the EMS and acute care markets.

Progressive Medical International, based in Vista, Calif., distributes new and refurbished EMS equipment and supplies.

Financial terms were not disclosed.

This is the sixth acquisition for Sarnova since Water Street Healthcare Partners invested in the company in 2008.

Water Street Healthcare Partners, based in Chicago, is a strategic PE firm focused exclusively on health care.

 

Healthcare & Life Sciences Private Equity Deal Tracker: Infinity Homecare Acquires Vitalcare Home Health

Infinity Homecare, LLC has announced it has completed its acquisition of Advanced Homecare, LLC and AHC Southwest LLC (collectively, "Vitalcare").

Infinity Homecare, headquartered in Sarasota, Fla., provides home health services in Florida through licensed and Medicare-certified agencies.

Vitalcare Home Health, headquartered in Tampa, Fla., provides home health services including nursing and rehabilitation services as well as specialty programs.

Financial terms were not disclosed.

Infinity Homecare is a portfolio company of HealthEdge Investment Partners, a PE firm headquartered in Tampa, Fla., that focuses exclusively on the healthcare industry.

Three Hot Button Issues for Ambulatory Surgery Center Investments

We have previously posted links to the monthly column that we write for Law360.  This month we co-authored a piece with our partner Bart Walker addressing three current legal issues in ASC investments.  The article discusses three legal issues garnering a lot of attention in the industry and is available here at http://www.law360.com/articles/432790/3-trapdoors-in-surgery-center-investing

Our firm, especially with our partner Scott Becker,  has significant experience representing ambulatory surgery centers, surgical hospitals and similar outpatient surgical providers as well as lenders and private equity investors in the space.   If you are interested in discussing these issues, attending our upcoming conferences or listening to a recent webinar we hosted on ASC issues with industry leaders, please contact me. 

Healthcare & Life Sciences Private Equity Deal Tracker: Water Street Healthcare Partners Acquires CCBR-SYNARC

Water Street Healthcare Partners has announced it has acquired CCBR-SYNARC.

CCBR-SYNARC is a provider of clinical services to pharmaceutical and biotechnology companies. The company's SYNARC business, based in Newark, Calif., specializes in imaging services, consultation and analysis to track progress throughout a clinical trial's life cycle. The CCBR business, based in Copenhagen, Denmark, recruits patients and conducts and manages clinical trials in its dedicated clinical centers.

Water Street Healthcare Partners, based in Chicago, is a strategic PE firm focused exclusively on healthcare.

No financial terms were disclosed.

Healthcare & Life Sciences Private Equity Deal Tracker: Carestream Health Drawing Interest From PE Firms

Carestream Health is drawing interest from several private equity firms, according to a Reuters report.

Carestream Health, headquartered in Rochester, N.Y., is a worldwide provider of dental and medical imaging systems and healthcare IT solutions; x-ray film and digital x-ray systems for non-destructive testing; and advanced materials for the precision films and electronics markets.

The company was formed in 2007 when Onex Corporation, a Toronto-based PE firm, acquired Eastman Kodak Company's Health Group and renamed the business as Carestream Health.

The auction of Carestream has drawn interest from Bain Capital LLC, Carlyle Group LP, Thomas H. Lee Partners, Hellman & Friedman LLC and KKR & Co LP, according to the report.

The deal could be valued at upwards of $3.5 billion.

Healthcare & Life Sciences Private Equity Deal Tracker: Grifols Acquires 60% of Spanish Biotech Firm Progenika

Grifols has announced it has acquired 60 percent of Spanish biotechnology firm Progenika Biopharma.

Grifols, headquartered in Barcelona, Spain, is one of the world's largest producers of plasma medicines.

Progenika, headquartered in Vizcaya, Spain, designs, produces and commercializes in vitro diagnostics tests.

Grifols acquired the majority stake in Progenika for 37 million Euros (~$48 million).

 

Healthcare & Life Sciences Private Equity Deal Tracker: Heart to Heart Hospice Secures Investment from Summit Partners

Heart to Heart Hospice has received a minority investment from Summit Partners.

Heart to Heart Hospice, based in Plano, Texas, is a provider of hospice care in Texas.

Summit Partners, which has its U.S. office in Boston, is a growth equity firm.

Healthcare & Life Sciences Private Equity Deal Tracker: Dynamic Healthcare Services Acquires APO2

Dynamic Healthcare Services Inc. has announced it has acquired APO2.

Dynamic Healthcare Services, based in Irvine, Calif., is a provider of home medical equipment, respiratory therapy products and services, along with complex rehabilitation products and services. It is a portfolio company of GMH Ventures, a private equity group headquartered in Newtown Square, Pa.

APO2, based in Hazleton, Pa., is a provider of home oxygen delivery systems, CPAP, sleep apnea products and consumer power mobility products.

Financial terms were not disclosed.

Biotech M&A May See Boost in 2013

The biotech field may see an increase in M&A in 2013, according to a Boston Business Journal report.

Contributing factors include expiring patents on notable drugs (such as the recent expiration of the Lipitor patent and expected 2014 expirations of Cymbalta and Nexium patents) and large drug companies cutting their research and development budgets, with acquisitions as a means to make up for possible lost revenue.

An M&A report from HBM Partners, an investment firm based in the Cayman Islands, concluded that 2012 was a strong year for trade sales of North American and European biotech companies. And according to an Ernst & Young news release, the financial capacity of big biotech to conduct deals increased 61% between 2006 and 2012.

We will continue to track private equity activity in the space in our Deal Tracker.

Healthcare & Life Sciences Private Equity Deal Tracker: IMS Health Acquires Appature

IMS Health has announced it has acquired Appature.

IMS Health, which has its global headquarters in Danbury, Conn., is a provider of healthcare information, technology and services.

Appature, based in Seattle, is a software-as-a-service company. Xconomy reports Appature had raised almost $10 million in two financing rounds from venture capital firms Madrona Venture Group, based in Seattle, and Ignition Partners, based in Bellevue, Wash.

Geekwire reports the deal's value exceeded $100 million.

Jury Orders DePuy to Pay $8.3M in Hip Implant Lawsuit

A Los Angeles jury has awarded $8.3 million to a Montana man who sued Johnson & Johnson's DePuy Orthopaedics on claims he was injured by the company's now-recalled ASR (Articular Surface Replacement) XL metal hip implant, according to a New York Times report.

The jury did not award any punitive damages. This is the first of more than 10,000 lawsuits pending against the company related to the ASR implant, which was recalled in mid-2010.

There are a number of reasons why private equity interest in medical devices has waned in recent years (as discussed in prior The Healthcare Investor posts). Although suits like these can also have a chilling effect, there are still private equity funds that remain interested and focused on medical device opportunities.

Private Equity Interest in the Dialysis Sector Continues to Thrive

Geoff Cockrell and I recently co-authored an article on private equity investments in the dialysis sector in Law360 (a LexisNexis legal publication).   A copy of the article is attached here.

One of the featured dialysis companies with private equity backing is American Renal Associates (ARA).  ARA is fourth largest dialysis company in the US, after public companies Fresenius and Davita and not-for-profit provider DCI.  ARA has dialysis facilities located in 19 states across the country and Washington, D.C., owning and managing more than 120 facilities in a purely physician joint venture model and serves over 8,000 patients.   In 2010, private equity firm Pamlico Capital (formerly Wachovia Capital Partners), completed the sale of ARA’s affiliate American Renal Holdings (ARH). to Centerbridge Partners. 

The other major PE-backed players in the industry are also descirbed more fully in the article.

Healthcare & Life Sciences Private Equity Deal Tracker: SpinalMotion Completes $15 Million Debt Financing Round

SpinalMotion has completed the fourth and final round of a $15.1 million debt offering, according to a MassDevice report.

SpinalMotion is a Mountain View, Calif.-based developer of spine artificial discs that manufactures the Kineflex line of cervical disc implants, which includes the Kineflex Disc (lumbar) and the Kineflex|C Disc (cervical).

The $15.1 million raised came from 15 unnamed investors.

Healthcare & Life Sciences Private Equity Deal Tracker: Oceans Healthcare Closes $17 Million Round of Strategic Growth Equity Financing Round

Oceans Healthcare has announced it has raised $17 million in growth equity funding.

Oceans Healthcare is a Louisiana healthcare company that specializes in the development and management of behavioral health services. It is based in Lake Charles, La.

The financing, which Oceans Healthcare said will be used to capitalize the organization as a foundation for expansion, was provided by General Catalyst Partners.

General Catalyst Partners is a Cambridge, Mass.-based venture capital firm focusing on early stage and growth equity investments.

CMS Announces ESRD Comprensive Care Initiative

The Centers of Medicare & Medicaid Services (CMS) has consistently stated that it does not anticipate approving specialty accountable care organizations.  Thus it is no surprise that CMS has been reluctant to call the new ESRD Seamless Care Organization (ESCO) a "renal ACO" or "renal accountable care organization" and in many ways the new program does differ from the ACO shared savings program.   Like many U.S. healthcare sectors, various players within the continuum of care are exploring ways to affiliate to lower costs and enhance quality.  The ESCO is surely an option that dialysis companies and nephrologists will investigate, although it remains to be seen how viable the program truly is.

In a recent publication, our McGuireWoods colleagues Jim Riley, Jason Greis and Scott Downing, describe the ESCO and the new CMS pilot program to test the renal coordinated care concept.   

Healthcare & Life Sciences Private Equity Deal Tracker: Ocular Therapeutix Closes $23.8 Million in New Funding

Ocular Therapeutix, Inc. has announced it closed a Series D extension round of financing totaling $23.8 million.

Ocular Therapeutix, based in Bedford, Mass., focuses on the development and commercialization of ophthalmic therapeutic products using its proprietary hydrogel technology.

All existing institutional investors, including Boston-based SV Life Sciences and Clayton, Mo.-based Ascension Health Ventures, frequent investors in healthcare, participated in the round.

 

Healthcare & Life Sciences Private Equity Deal Tracker: Invo HealthCare Associates Inc. Recapitalized by Post Capital Partners

Post Capital Partners LLC has announced it has recapitalized Invo HealthCare Associates, Inc.

Invo HealthCare Associates, based in Jamison, Pa., is a provider of outsourced clinical services for special needs children. The organization operates in 23 states.

Post Capital, based in New York, is a private investment firm that makes both minority growth and control investments in companies with a minimum of $10 million of revenue and $2 million of EBITDA.

Post Capital was advised by Capstone Partners LLC, a national investment banking firm, on the transaction.

Terms of the transaction were not disclosed.

 

Healthcare & Life Sciences Private Equity Deal Tracker: Ceterix Orthopaedics Raises $19.5 Million in Series B Financing Led by Novo Ventures

Ceterix Orthopaedics, Inc. has announced it has raised $19.5 million in series B financing led by Novo Ventures.

Ceterix Orthopaedics, headquartered in Menlo Park, Calif., is a developer of surgical tools for arthroscopic procedures.

Novo Ventures, which is the holding company of the Novo Group, and is wholly owned by the Novo Nordisk Foundation, focuses on life sciences venture capital, and is active in both Europe and North America. It is a new investor in Ceterix. Joining Novo Ventures in this round of financing were existing investors Versant Ventures and 5AM Ventures.

 

HHS Releases Much-Anticipated Final HIPAA Rule

On Jan. 17, 2013, the Department of Health and Human Services (HHS) released the much-anticipated omnibus final rule pursuant to the Health Information Technology for Economic and Clinical Health Act (HITECH Act) and the Genetic Information Non-Discrimination Act of 2008 (GINA).  Our colleagues Kim Kannensohn, Nathan Kottkamp and Amanda Enyeart have particularly deep experience with HIPAA and HITECH issues and have published several pieces on the topic.  They recently provided guidance re the omnibus final rule, which settles some of the questions that remained open after the publication of the proposed regulations on July 14, 2010.

As our colleagues note, the final rule will be effective on March 26, 2013 and covered entities and business associates must comply with the applicable requirements of the final rule by Sept. 23, 2013. Covered entities and business associates will have up to one year following the compliance date to modify business associate agreements in accordance with the requirements of the final rule.

The final rule addresses the following key topics:

  1. Privacy Rule and Security Rule:
    1. Direct liability of business associates and subcontractors of business associates for compliance with certain provisions of the HIPAA Privacy Rule and the HIPAA Security Rule.
    2. Activities that render an entity a business associate, including the mere storage or maintenance of PHI.
    3. Required modifications to a covered entity’s notice of privacy practices.
    4. Expansion of the rights of individuals to receive electronic copies of their health information and restriction of disclosures to a health plan for treatment for which the individual has paid out-of-pocket in full.
    5. Expansion of the limitations on the use and disclosure of protected health information for marketing and fundraising purposes, and prohibition of the sale of protected health information without individual authorization.
  2. The Breach Notification Rule: Replacement of the “harm” threshold in the Breach Notification Interim Final Rule with a more objective standard and replacement of the Interim Final Rule in its entirety with the relevant provisions of the omnibus final rule.
  3. The Enforcement Rule: Incorporation of the tiered civil money penalty structure set forth in the HITECH Act, originally published as an interim final rule on Oct. 30, 2009. Penalties are increased for non-compliance based upon the level of negligence, with a maximum penalty of $1.5 million per violation.
  4. Protections for Genetic Information: Enhanced privacy protections for genetic information as required by GINA, which was published as a proposed rule on Oct. 7, 2009.

For additional background on legal issues related to the privacy and security of health information as published by our colleagues, please see these previous articles

Healthcare & Life Sciences Private Equity Deal Tracker: Sorenson Capital Acquires Minority Stake in TruHearing

TruHearing has announced it has completed a private equity transaction with Sorenson Capital. Sorenson Capital acquired a "significant minority stake" in TruHearing in late December.

TruHearing, headquartered in West Jordan, Utah, provides discounts through contracted health plans and enrolled employer groups for hearing aid sales and professional services at selected hearing care providers.

Sorenson Capital, headquartered in Salt Lake City, Utah, provides small to middle-market buyout and growth equity investments, with a particular focus on opportunities in selected states in the Mountain and Western regions of the United States.

Sorenson Capital is managed and controlled by West Rim Capital, which is also headquartered in Salt Lake City.

Healthcare & Life Sciences Private Equity Deal Tracker: ATG Rehab Merges With United Seating & Mobility

ATG Rehab has announced it has merged with United Seating & Mobility.

ATG Rehab, a portfolio company of Boston-based middle market investor Audax Group, is a Rocky Hill, Conn.-based provider of wheelchairs and other complex mobility equipment.

United Seating & Mobility, a portfolio company of Philadelphia-based middle market investor LLR Partners, is a St. Louis, Mo.-based mobility and rehab equipment supplier.

A new name for the combined entity will be announced in the future.

Healthcare & Life Sciences Private Equity Deal Tracker: EndoChoice Closes $43 Million in New VC Funding Led by Sequoia Capital

EndoChoice has announced it has completed a $43 million venture capital round of funding led by Sequoia Capital.

EndoChoice, headquartered in Alpharetta, Ga. provides devices, diagnostics, infection control and imaging for specialists treating gastrointestinal diseases. 

DowJones reported that Sequoia Capital was joined by returning EndoChoice backers Council Ventures, EnVest and River Cities Capital Funds for the Series D round of funding.

 

Healthcare & Life Sciences Private Equity Deal Tracker: PE Firm H.I.G. Capital Acquires Access Family Services

H.I.G. Growth Partners, the dedicated growth capital investment affiliate of Miami-based private equity firm H.I.G. Capital, has announced its portfolio company, Community Intervention Services, Inc., has acquired Access Family Services, Inc.

Community Intervention Services acquires, develops and operates a national network of community-based mental health and substance abuse treatment programs. 

Access Family Services, headquartered in Charlotte, N.C., is a provider of community-based outpatient behavioral health services

Financial terms were not disclosed.

Healthcare & Life Sciences Private Equity Deal Tracker: PE Firm Candescent Partners Acquires Eye Health Vision Centers

Boston-based private equity firm Candescent Partners has announced its portfolio company, Koch Eye Associates, has acquired Eye Health Vision Centers.

Koch Eye Associates, headquartered in Warwick, R.I., is one of the largest providers of optometry and ophthalmology services in New England.

Eye Health Vision Centers, headquartered in Dartmouth, Mass., is one of the largest providers of ophthalmology and optometry services in Massachusetts.

Candescent led the transaction with co-investors Eagle Private Capital, First New England Capital, Bay Capital, Pine Street Capital Partners and Plexus Capital.

Financial terms were not disclosed.

Healthcare & Life Sciences Private Equity Deal Tracker: PE Firm Warburg Pincus Seeks to Sell Bausch & Lomb

Private equity firm Warburg Pincus LLC has hired Goldman Sachs Group Inc. to explore the sale of eye-care company Bausch & Lomb, Bloomberg Businessweek reports.

Warburg is seeking at least $10 billion for Rochester, N.Y.-based Bausch & Lomb, which has approximately 10,000 employees worldwide and products available in more than 100 countries.

Abbott Laboratories, Johnson & Johnson and Sanofi have reportedly shown interest in the company.

Snapshot of Year-End Healthcare Private Equity Deals

As we head into 2013, we wanted to provide a short snapshot of some of the healthcare and life sciences PE deals we noted for December 2012. Several market segments are represented.

1. Mansa Capital, a Boston-based private equity firm, announced it had raised $30 million in anchor funding for a debut high-growth healthcare private equity fund.

2. GI Partners, a mid-market private equity firm headquartered in Menlo Park, Calif., announced the sale of Plum Healthcare Group, a skilled nursing operator, to Bay Bridge Capital Partners.

3. Perrigo, a global healthcare supplier headquartered in Allegan, Mich., announced it had completed the acquisition of Cobrek Pharmaceuticals in a go private transaction. Perrigo acquired the remaining stake in Cobrek, a privately owned, venture-backed research and development company based in Chicago, for $45 million.

4. CHG Healthcare Services, one of the largest providers of healthcare staffing in the country headquartered in Salt Lake City, Utah, was acquired by Los Angeles-based private equity firms Ares Management LLC and  Leonard Green and Partners, according to The Salt Lake Tribune. They acquired CHG from Boston-based private equity firm J.W. Childs Associates.

5. Warburg Pincus, a global private equity firm focused on growth investing headquartered in New York,  announced it acquired JHP Pharmaceuticals, a specialty pharmaceutical company that acquires, develops, manufactures and sells sterile injectable products headquartered in Parsippany, N.J., for $195 million. Warburg Pincus acquired JHP Pharmaceuticals from JHP Holdings LLC, an entity majority-owned by Morgan Stanley Principal Investments.

Throughout 2013 we will be doing a Healthcare & Life Sciences Private Equity Deal Tracker for our readers. If you are aware of deals to add that we haven't highlighted, please email us at awalsh@mcguirewoods.com or gcockrell@mcguirewoods.com.

Recovery Auditors Collect $2.29B in Overpayments in FY 2012

The Centers for Medicare & Medicaid Services (CMS) is reporting that recovery audit contractors (RACs) collected more than $2.29 billion in overpayments in fiscal year 2012 (Oct. 2011-Dec. 2012).

RACs are CMS contractors who are tasked with detecting and correcting past improper payments from providers in all 50 states.

The $2.29 billion in overpayments collected is almost three times more than the amount of overpayments collected in fiscal year 2011, when RACs collected a little under $800 million.

The federal government remains committed to ensuring providers are properly paid. As we previously reported, the Office of Inspector General said it expects to recover about $6.9 billion from audits and investigations for FY 2012.

 

Healthcare & Life Sciences Private Equity Deal Tracker: Linden Capital Partners to Acquire Young Innovations

Young Innovations, Inc. has announced it will be acquired by Linden Capital Partners.

The transaction is value at approximately $314 million.

Young Innovations develops, manufactures and markets supplies and equipment used by dentists, dental hygienists, dental assistants and consumers. It is headquartered in East Earth City, Mo.

Linden Capital Partners is a Chicago-based private equity firm focused exclusively on leveraged buyouts in the healthcare and life science industries.

If approved by shareholders, the transaction is expected to close in the first quarter of calendar year 2013.

 

OIG Expects to Recover $6.9B From Audits and Investigations in FY2012

We have occasionally looked at the ever-increasing fraud prevention focus of the current administration, such as in this October report on an alleged $430 million Medicare fraud scheme. In its Fall 2012 Semiannual Report to Congress, the Department of Health & Human Services (HHS) Office of Inspector General (OIG) said such efforts to prevent fraud are likely to result in the recovery of about $6.9 billion from audits and investigations for FY 2012.

The $6.9 billion in expected recoveries comes from more than $900 million in audit receivables and $6 billion in investigative receivables.

OIG reported it excluded more than 3,000 individuals and entities from participation in federal healthcare programs in FY 2012; reported 778 criminal actions against individuals or entities that engaged in crimes against HHS programs; and reported 367 civil actions, which include false claims and unjust enrichment lawsuits filed in federal district court, civil monetary penalties settlements and administrative recoveries related to provider self-disclosure matters.

Highlights of OIG accomplishments for FY 2012 include the efforts of the Medicare Fraud Strike Force, which charged, in May, 107 individuals in seven cities for their alleged participation in Medicare fraud schemes involving approximately $452 million in false billing and GlaxoSmithKline agreeing to pay $3 billion to resolve violations regarding its marketing and promotion practices associated with several drugs.

Fighting Medicare fraud has been a priority for President Obama. With his reelection, the prevention of healthcare fraud is likely to remain a focus over the next four years, of which providers and investors should be constantly aware.

 

Acadia Healthcare to Acquire Behavioral Centers of America and AmiCare Behavioral Centers

Acadia Healthcare Company, Inc. has announced it will acquire Behavioral Centers of America, LLC and AmiCare Behavioral Centers.

Acadia Healthcare is a provider of inpatient behavioral healthcare services headquartered in Tennessee. The two acquisitions will bring to the company eight inpatient psychiatric facilities with approximately 600 beds. According to Acadia's website, the company operates a network of 34 behavioral health facilities with approximately 2,500 licensed beds in 20 states.

Acadia will purchase Tennessee-based Behavioral Centers of America (BCA) for $145 million in cash. BCA operates three inpatient psychiatric facilities and one psychiatric hospital within a hospital located in Ohio, Michigan and Texas. The facilities have 278 licensed inpatient beds.

Acadia will acquire Arkansas-based AmiCare Behavioral Centers for $113 million in cash. AmiCare operates four inpatient psychiatric facilities in Arkansas that have 330 licensed inpatient beds.

Acadia expects to complete both transactions in late December 2012.

 

Pfizer Acquires NextWave Pharmaceuticals for $782M

Pfizer Inc. has acquired NextWave Pharmaceuticals Inc. for $782 million in cash.

NextWave Pharmaceuticals is a privately held, specialty pharmaceutical company focused on treatment of attention deficit hyperactivity disorder (ADHD).

According to Bloomberg Businessweek, the U.S. Food and Drug Administration approved NextWave's drug Quillivant XR in September. Quillivant XR is the first once-daily liquid medication approved in the United States for the treatment of ADHD. Pfizer now holds exclusive North American commercialization rights to the drug.

Quillivant XR is expected to be available in U.S. pharmacies in January 2013.

 

Several States Pass Ballot Initiatives on Health Exchanges

As Stephanie Kennan of our affiliated company, McGuireWoods Consulting, reports in Weekly Washington Healthcare Update, several states have passed ballot initiatives concerning Obamacare health benefits exchanges, while other states had failed initiatives. A brief overview of these state measures is as follows:

  • In Alabama, in what is considered a largely symbolic gesture, voters approved an initiative prohibiting individuals and businesses from being compelled to participate in any health care system.
  • Votes in Florida rejected a proposal that would have banned government mandates for obtaining insurance, as required by the Affordable Care Act.
  • The governors of Kansas and Virginia have announced they would not pursue a state-based exchange, which means the federal government would run their state's exchanges.
  • In Missouri, an initiative passed that prevents the governor or state agency from setting up such an exchange without legislative or voter approval.
  • In New Mexico, the state's planning group is looking to piggyback an exchange on an existing state health insurance program launched almost two decades ago. A legislative workgroup has been studying whether this exchange — called the Health Insurance Alliance — would satisfy exchange governance requirements.
  • Vermont has issued a request for proposal for health plans and stand-alone dental plans to sell on the state's exchange. The exchange is aiming to make final plan selections by mid-July.
  • In another gesture considered largely symbolic, voters in Wyoming passed to amend the state constitution to declare its citizens have the right to make their own health care decisions and allow the state to act to "preserve these rights from undue government influence."

States were facing a November 16 deadline from the Department of Health and Human Services (HHS) to indicate whether they planned to set up a state-based health benefits exchange in time for initial HHS approval by January 1, 2013, but HHS has extended the deadline to submit a blueprint and a declaration letter to establish a state-based exchange to December 14, according to Healthcare IT News and a Nov. 9 letter from HHS Secretary Kathleen Sebelius to state governors.

Update on Urgent Care Centers: Current Trends & Developments

(co-authored by Drew McCormick and Marc Anderson of Allen, Mooney and Barnes Investment Advisors)

Urgent Care Centers (UCCs) provide walk-in, extended hour access for acute illness and injury care that is beyond the scope or availability of the typical primary care practice or retail clinic. The emergence of UCCs in the United States in the early 1980s was spurred by consumer demand for immediate care and accelerated by frustration over long wait times in the emergency department (ED) for non-emergency care, as well as a reduction in the availability of primary care appointments.

Several trends in the healthcare market have continued to catalyze the proliferation of the UCCs over the last decade. For example, since 2000, the supply of primary care physicians (PCPs) has declined, while the demand for PCPs has increased. It is currently projected that by 2025, there will be a shortage of approximately 65,000 PCP's in the United States. In addition, between 2000 and 2010, the number of ED visits increased by nearly twenty four percent (24%), or 2.4 million visits per annum, while the number of EDs simultaneously decreased by approximately two percent (2%). With the recent Supreme Court ruling upholding the Patient Protection and Affordable Care Act (PPACA) of 2010, healthcare coverage expand to include over 32 million Americans within the next 10 years, the demand for fast, affordable primary care services will sharply increase. In response to these dynamics, the urgent care industry continues to grow and is expected to increase from the approximately 9,000 centers with $13 billion in revenues in 2012 to more than 12,000 centers and nearly $18 billion in revenues by 2017.

This rapid growth of UCC's in response to the changes in the healthcare market has garnered significant interest from both current participants in the healthcare sector, such as provider organizations and payors, as well as outside investors. Traditionally, hospital systems created their own UCC's to ameliorate demands placed on their EDs, but were either out-competed by private operators or elected to divest urgent care as not core to their operations. In recent years, however, those same hospitals and other providers have been increasingly interested in identifying mechanisms to incorporate an urgent care strategy into their operating strategy, such as by seeking to expand their own UCCS or to partner with private operators through joint ventures. CareSpot's (formerly Solantic) recent joint venture with HCA's TriStar Health to build UCCs in Tennessee is one example of such trend.

Further, those funding healthcare costs and other outside parties, such as institutional investors, have been looking to leverage the industry tailwinds to achieve cost reductions and/or increased profits. Examples include Humana's acquisition of Concentra in 2010, and the acquisition of the Boston-based nonprofit insurer Neighborhood Health Plan by Partners Healthcare, the largest hospital and physicians network in Massachusetts. In addition, payors have recently sought to partner with private equity investors for access to urgent care, including HighMark's investment in private equity-owned MedExpress in 2011, and WellPoint acquiring Physician's Immediate Care in June 2012.

In addition to enhanced access to care, there are important financial considerations that make urgent care a compelling investment opportunity. An average UCC visit costs around $165, while costs range from $228 to $583 for the same treatment at an ED. The availability of urgent care will also help to eliminate unnecessary visits to EDs, which, based on a series of studies, account for somewhere between 8 and 57% of all ED visits. Finally, the ability to obtain primary care and earlier medical intervention presents another strategic opportunity to reduce costs and achieve better health outcomes for patients. By offering an affordable, accessible alternative through UCCs, patients can seek treatment earlier and will be less sick for a shorter period of time, resulting in a lower cost of care.

Due to the tremendous pressure building within the healthcare sector and the capacity that urgent care presents to both relieve demands for supply and reduce the cost of care, the rapid growth of UCCs as a modality of care is likely to continue. Investors, including large, integrated health systems, payors and private equity, have a range of options for leveraging the growth of urgent care as a strategic growth opportunity. Examples include partnership with other industry players through joint ventures, creation of de novo UCCs, or the stock or asset purchase of existing UCCs. Investors in urgent care should work with a knowledgeable business and legal support to determine appropriate markets, develop a model for sustainable growth, and navigate the complex healthcare regulatory landscape.

In 2012 Michigan is a Hotbed of Hospital Affiliation/Acquisition Activity

(co-authored with Holly Carnell)

On Oct. 31, 2012, Beaumont Health System and Henry Ford Health System announced that they had signed a letter of intent to combine their operations into a $4.6 billion organization. The announcement followed less than two weeks after Trinity Health and Catholic Health East (CHE) went public with the news that the two Catholic healthcare systems intend to merge. The combined Trinity/CHE system will have annual operating revenues of about $13.3 billion and assets of about $19.3 billion.

Discussing both the Beaumont/Ford and the Trinity/CHE mergers, representatives acknowledged the changing healthcare environment and the need to deliver integrated care and focus on population health. According to Rex Burgdorfer, an investment banker with Juniper Advisory, which is actively advising several hospital boards of directors in the state, “the mergers have added to the sentiment among smaller systems and independent hospitals that staying the course may no longer be a viable option for institutions committed to fulfilling their mission to serve the community.”

Healthcare reform is contributing to the increase in hospital and health system affiliations. According to Burgdorfer, “Organizations have acknowledged that pricing for services is switching from the traditional fee-for-service model towards a bundled payment model, and to survive in this new environment, access to capital and the ability to manage risk will be critical.” The changing reimbursement model means that health systems will be responsible for the overall health of patients. This is in contrast to the historic model where hospitals are paid for each individual service provided to a patient.

The two October announcements followed several other 2012 Michigan hospital transactions, including the following:

  • In January, McLaren Health Care acquired Northern Michigan Regional Hospital — now rebranded as “McLaren Northern Michigan.” Then in May, McLaren purchased and re-opened Cheboygan Memorial Hospital (CMH), which had filed for Chapter 11 bankruptcy in March 2012. The former CMH is now operated as McLaren Northern Michigan, Cheboygan Campus.
  • In May, Spectrum Health in Grand Rapids acquired 61-bed Gerber Memorial Health Services in Fremont. In early 2012, Spectrum, which has six hospitals totaling 2,000 beds, also engaged in formal talks to partner with Munson Healthcare. However, these discussions concluded in September 2012 with no deal struck.
  • In September, Duke LifePoint Healthcare (DLP), a joint venture of Duke University Health System and LifePoint Hospitals, announced that it had finalized the acquisition of Marquette General Health System in Michigan’s Upper Peninsula. McGuireWoods and Juniper represented Marquette General in the transaction. As part of the $483 million transaction, DLP will invest $350 million in capital improvement projects and physician recruitment over the next 10 years. The DLP/Marquette transaction was only the second for-profit acquisition of a Michigan hospital or health system (the first was Vanguard’s 2010 acquisition of Detroit Medical Center).

While Michigan is a great example of a state that is rife with hospital and health system affiliation activity, it is not alone. The current consolidation trend is likely to continue on a national level into 2013. Burgdorfer observes, “[I]n 2013 we expect to see more business combination activity between significant, multistate health systems. In addition, new structural models, such as hybrid joint ventures between regional nonprofit systems and investor-owned companies, will increase the number of strategic options available to hospital systems that are exploring transactions.”

 

Growth in Private Equity Opportunities in the Health Care Real Estate Investing Space

Over the past 18 months, there have been several significant transactions which demonstrate ongoing opportunities for private equity investments in the health care real estate space.

In mid-October, Bloomberg reported that Blackstone Group LP fund and Emeritus Corp. will sell a group of senior housing properties to HCP Inc. The transaction is valued at more than $1.7 billion, making it the largest healthcare real estate investment trust (REIT) deal this year since April 2011. According to an Emeritus news release, HCP will acquire 133 senior housing communities. As part of the transaction, Emeritus will acquire nine senior housing communities for $62 million.

The deal comes just a few months after Health Care REIT announced it would acquire Sunrise Senior Living, Inc. As part of the transaction, Health Care REIT would acquire Sunrise's 20 senior housing communities and Sunrise's interest in joint ventures that own 105 senior housing communities. The purchase price reflected a real estate value of approximately $1.9 billion.

And in April 2011, Health Care REIT completed a $2.4 billion acquisition of almost all of the real estate assets of Genesis HealthCare. The long-term, triple-net lease included 147 post-acute, skilled nursing and assisted living facilities in 11 states.

In addition to these large transactions, there are plenty of smaller transactions taking place. An analysis of data by Bloomberg shows healthcare REITs have announced or completed $4.6 billion in acquisitions this year. For example, as Seeking Alpha recently reported, healthcare REITs Omega Healthcare, Medical Properties Trust and LTC Properties have all announced acquisitions for prices ranging from $54 million to $206 million.

Healthcare REITs look to be performing well if recent financial and operating results are any indication. Medical Properties Trust reported that its third quarter 2012 total revenues increased 55 percent to $53.7 million compared with $34.6 million for the third quarter of 2011, while the Baltimore Sun reported that Omega Healthcare's third quarter 2012 earnings were 40.5 percent higher than earnings in same period last year.

The growth and activity in this industry segment is arguably driven in part by activity in other areas of healthcare. A trend that is worth monitoring is that of small, single or regional facility operators of dialysis, ambulatory surgery centers and other healthcare industries selling off their affiliate-owned real estate to a large REIT, not just to create liquidity for that single sale but also in conjunction with selling the facilities themselves to another buyer. This ancillary investment opportunity may provide an additional opportunity for PE investors interest in various aspects of the healthcare space.

 

Ampersand Capital Partners Sells MedVenture Technology to Helix Medical

Private equity firm Ampersand Capital Partners has sold MedVenture Technology Corp. to Helix Medical.

The sale price was not disclosed.

Helix Medical, a division of the Freudenberg Group, is a manufacturer for the medical device and healthcare industries with 10 manufacturing operations worldwide. Medical manufacturing capabilities include design and development, silicone and thermoplastic molding and extrusion, complex catheter systems, assembly, packaging and engineering services.

MedVenture develops and manufactures minimally invasive surgical devices and catheter-based devices for medical device companies.

Ampersand Capital Partners, based in Wellesley, Mass., describes itself as a middle market private equity firm with a focus on growth equity investments in the Healthcare sector.

 

Main Street Capital Sells Majority of Laurus Healthcare Equity Investment

Main Street Capital Corp. has announced it has sold the majority of its equity interest in Laurus Healthcare.

Main Street realized a gain of approximately $9.9 million on the sale to an undisclosed private equity firm.

Laurus develops, acquires and manages hospitals and surgery centers through physician partnerships in Texas. Main Street initially invested in Laurus in 2004.

Main Street, based in Houston, describes itself as a principal investment firm that provides long-term debt and equity capital to lower middle market companies and debt capital to middle market companies.

 

Baxter Delays PharMEDium Acquisition After Meningitis Outbreak

Baxter International has placed its acquisition of PharMEDium Healthcare Corp. on hold following the nationwide meningitis outbreak, according to LBO Wire, a part of Dow Jones.

The outbreak has been tied by the Centers for Disease Control and Prevention and the Food and Drug Administration to New England Compounding Center.

While PharMEDium, which is backed by Oak Investment Partners and Baird Private Equity, has not been linked to any of the meningitis cases, the outbreak created enough uncertainty concerning the safety of compounding companies to delay Baxter's planned acquisition, according to a Crain's report.

Private Equity Investing in Ambulatory Surgery Centers: Part I

First Surgical Partners, Inc. , a company with two ambulatory surgery centers (ASCs) and a general acute care hospital in the Houston-area, has just announced that it is considering a going-private transaction where the company would no longer be a public reporting company and that its shares would no longer be traded on any exchange and/or quotation system. From a press release on Business Wire, First Surgical Partner’s newly named Special Committee has determined that “a going-private transaction is the best option for [them] and its stockholders and engaged a financial adviser to provide both a valuation of [the company] and a fairness opinion in connection with a going-private transaction. Such a transaction would be contingent upon certain customary closing conditions, including obtaining the necessary financing to fund payment of any merger consideration to the non-continuing stockholders.”

The First Surgical plan is one example of the impact of private equity's ongoing interests in the industry.  Investors across the country continue their interest in ambulatory surgery centers (ACSs), with a growing emphasis on companies; with a specific focus – i.e. pain management, ophthalmology or orthopaedics. In the U.S., more than 22 million surgeries a year are performed in over 5,000 ASCs. In this country, most ASCs are licensed, certified by Medicare and accredited by one of the major health care accrediting organizations.

As has been noted by Ambulatory Alliances President Blayne Rush, ASCs are poised for increased interest from private equity groups and other financial investors. "I believe that now and in the future, financial buyers — that is, private equity groups — will outpace all of them as far as price paid," Rush stated in a May 2012 issue of Becker’s ASC Review. Rush continued, opining that higher prices are linked to a number of factors; “private equity groups are typically paid on a ‘two-and-twenty’ basis, in which they receive 2% of their payment on the amount earned under management and 20% of the gain in the value of the fund. Funds are typically set up with a 10-year fund life and six-year investment duration, but if the group does not deploy the money, they are forced to repay the 2% management fee. In many cases, that money has already been spent by the time the group is asked to repay the funds, so groups will be looking for new investment opportunities.“

A constant challenge for the ASC industry, like many healthcare businesses, is how to remain profitable with downward pressure on reimbursements - - - in the case of ASCs, this is especially true since the revised ASC standard rate-setting methodology took effect on January 1, 2011.  Under these rules from Centers for Medicare & Medicaid Services (CMS), ASCs receive roughly 45% to 65% of what hospital outpatient surgical departments receive for providing the same services (depending on the particular service).  However, beginning January 1, 2013, ASCs will receive an across-the-board 1.3% rate-increase under the 2013 proposed Medicare rates, as released by CMS (Center for Medicare and Medicaid Services) on July 12, 2012. CMS has also proposed the addition of several new procedures to the list of procedures that are payable in an ASC.

Part II and Part III of our series on equity investing in ambulatory surgical centers will examine ASC companies currently backed by private equity and highlight some key diligence and regulatory considerations for investors and companies.

GAO Report: Hospitals and Medical Facilities Most Frequent Subjects of Criminal and Civil Healthcare Fraud Cases

A new Government Accountability Office report analyzing 2010 data shows hospitals and medical facilities (e.g., medical centers, clinics and medical practices) were the most frequent subjects of civil healthcare fraud cases, while medical facilities and durable medical equipment suppliers were the most frequent subjects of criminal fraud cases in 2010.

According to the data, 10,187 subjects were investigated for healthcare fraud in 2010, of which 7,848 were subjects of criminal fraud cases and 2,339 were subjects of civil fraud cases.

About 49 percent of criminal healthcare fraud subjects were, or were affiliated with, medical facilities, durable medical equipment suppliers and home health agencies. Of the subjects associated with criminal cases, about 1,100 were charged, and 85 percent of those charged were found guilty, pled guilty or pled no contest.

Nearly 20 percent of civil healthcare fraud subjects were hospitals and 18 percent were medical facilities. Fifty-five percent of civil cases resulted in a judgment for the government or in a settlement. For those cases that resulted in a judgment and/or settlement, about 44 percent of the subjects were hospitals and medical facilities.

Cracking down on healthcare fraud remains a significant focus of the Department of Health and Human Services' Office of the Inspector General (OIG) and the Department of Justice. Earlier this week, the Medicare Fraud Strike Force charged 91 medical professionals for allegedly participating in Medicare fraud schemes involving nearly $430 million in false billing. We have also observed a renewed commitment by OIG to anti-fraud enforcement efforts and expect to continue to see fraud as a focus of its Work Plan.

 

Feds Charge 91 Medical Professionals With $430M in Medicare Fraud

The joint Department of Justice and Health and Human Services (HHS) Medicare Fraud Strike Force has charged 91 medical professionals in seven cities for allegedly participating in Medicare fraud schemes involving approximately $429.2 million in false billing. The defendants, who include physicians and nurses, are accused of various fraud-related crimes, including healthcare fraud, violations of the anti-kickback statutes, money laundering, and conspiracy to commit healthcare fraud.

Charges were filed in Miami, Los Angeles, Dallas, Houston, Brooklyn (N.Y.), Baton Rouge (La.) and Chicago. The indictments include more than $230 million in home healthcare fraud and more than $100 million in mental healthcare fraud. Also included are charges of more than $49 million in ambulance transportation fraud in Los Angeles, which authorities called the largest ambulance fraud scheme ever prosecuted by the strike force.

In addition to filing the charges, HHS also suspended or took other action against 30 providers based upon credible allegations of fraud. Under the Affordable Care Act, HHS has the authority to suspend payments until completion of an investigation. "In addition to the arrests made today, HHS used new authority from the healthcare law to stop future payments to many of the healthcare providers suspected of fraud, saving Medicare resources and taxpayer dollars from being lost to fraud in the first place," said HHS Secretary Kathleen Sebelius.

This latest raid comes after the Medicare Fraud Strike Force charged, in early May, 107 individuals in seven cities for their alleged participation in Medicare fraud schemes involving approximately $452 million in false billing.

Over the past five years, strike force operations have led to Medicare fraud charges against nearly 1,500 defendants in cases totaling almost $5 billion. These investigations and President Obama's comments during the recent presidential debate about how aggressively his administration has pursued Medicare fraud are yet further indications of the federal government's focus on healthcare fraud prevention, of which investors and providers should be constantly aware.

Massachusetts Eye HIPAA Violations Settlement Highlights Ongoing Needs for Compliance Diligence for Providers and Investors

Just eighteen months after thefirst major HIPAA enforcement actions by the U.S. DHHS Office for Civil Rights (OCR), the OCR announced that Massachusetts Eye and Ear Infirmary and Massachusetts Eye and Ear Associates, Inc. (MEEI) had agreed to pay HHS $1.5 million to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules. In addition to the settlement, MEEI entered into a Resolution Agreement with HHS that includes a corrective action plan (CAP) requiring it to review and revise its policies and procedures, implement workforce training and hire an independent consultant to monitor its compliance with the CAP.

The settlement relates to a 2010 theft of an unencrypted laptop computer that was taken abroad by a physician affiliated with MEEI and that contained the protected health information (PHI), including prescription and clinical information, of approximately 3,500 MEEI patients and research subjects.   In a recent publication ,our experienced colleagues Kim Kannensohn, Nathan Kottkamp and Amanda Enyeart describe additional circumstances of the breach and settlement.  

It is now more critical than ever for covered entities and business associates, as well as healthcare investors examining a potential investment opportunity, to review the companies' HIPAA compliance efforts.  Diligence on HIPAA compliance for the vast majority of companies involved in the US healthcare system is a vital element when considering investment.  Reviewing the organization’s plan documents, training programs, security systems and preparedness for a HIPAA audit are among the most important elements to evaluate, and investors would be well served to include such review in their diligence process.

Dental Clinics Remain a Viable Investment Industry

 As discussed in our prior multi-part series, dental clinic and dental practice management companies remain an exciting investment opportunity for many private equity investors. Medicaid spending on dentistry increased 63% to $7.4 billion between 2007 and 2010.  Medicaid reimbursement in the field is, in fact, projected to reach $622 billion over the next decade. 

Thus dental companies tend to be heavily dependent on both their commercial payor relationships but Medicaid reimbursement as well. For example, in 2011, dental clinics affiliated with Church Street Health Management LLC had over 1 million patient visits; the company reported $161 million in revenue with over 90% of it originating from Medicaid and the State Children’s Health Insurance Program (SCHIP) during that same period.  

Of course, as with many subsectors, there are companies who push the limits of regulatory appropriateness, and we occasionally see instances of companies being ousted from Medicaid.   It is therefore important for investors to understand the potential abuses and closely vet any dental company investment for these risks.

 

Private Equity Opportunities in Contract Research Organizations (CROs): Part II

In Part II of this blog series we look at recent transactions in the arena of contract research organization, with a particular focus on private equity investing in CROs.

In one recent example, prescription drug data-mining company IMS Health acquired TTC, Philadelphia, a drug trials data-analytics company for drug manufacturers and drug contract research organizations (CROs). IMS will reportedly offer TTC’s services via its clinical trial optimization unit, which is part of its healthcare value solutions business. IMS sources state, “IMS will integrate its evidence-based, anonymized patient and treatment outcomes insights with TTC’s comprehensive cost data drawn from organizations that conduct nearly 80% of all commercial clinical studies.” Linda Drumright, general manager Clinical Trial Optimization Solutions at the New Jersey-based company, said, “There is growing demand for more data and analytics to optimize the clinical trial process. Together [with TTC] we can deliver an end-to-end view of trial planning and execution, increasingly critical at a time when the industry faces significant challenges and requires new approaches.”

IMS also recently acquired PharmaDeals, a Web-based subscription database that gathers information about the pharmaceutical industry. IMS is owned in part by TPG Creative Capital, a leading international private equity investor in healthcare, with $51.5 billion of capital currently under management.

Covance and Pharmaceutical Product Development were once again the biggest top-line gainers during the quarter. Pharmaceutical Product Development was taken private as of December 2011, following a $3.9 billion cash purchase by The Carlyle Group  and Hellman & Friedman, as reported in their December 5, 2011 press release. Covance is one of the world’s largest and most comprehensive drug development services companies with over 11,000 employees in 60 countries; they have assisted pharmaceutical and biotech companies develop one-third of all prescription medicines in the market today.

Likewise, Nautic Partners LLC recently invested in Theorem Clinical Research, which partnered with Gallus BioPharmaceuticals in an endeavor to get pharmaceutical companies in emerging markets to enter the U.S. market.

Frontier Capital, which focuses exclusively on partnering with the management teams of high growth business services companies, led an investment deal merging a pair of CROs, Inclinix Inc. and PMG Research Inc.. Current research modalities include asthma, Type II diabetes, influenza vaccines, hypertension and obesity treatments.

Private equity firm, TPG Star Charisma Limited plans to acquire all of the outstanding shares of ShangPharma that they do not currently own. According to their website, the bid values ShangPharma, with Eli Lilly and GlaxoSmithKline (www.gsk.com) among its clients, at between $157.5 million and $176 million.

As discussed in Part I, the CRO industry involves players employing a variety of partnering models; but no matter the approach and niche need the particular CRO intends to serve, CROs have become increasingly more valued and of interest to private equity investors. Additional news on performance of some additional key players in the contract research organization industry is as follows:

ICON reported 2nd quarter 2012 revenue up 19% to $277 million; income from operations, excluding restructuring and other non-recurring items, was $16.6 million or 6% of revenue, according to their Consolidated Income Statements.
• Chinese CRO WuXi PharmaTech reported another period of double-digit revenue growth during third quarter led by the firm's burgeoning manufacturing services division. WuXi is responsible for manufacturing hepatitis C therapy INCIVEK® for Vertex and Johnson & Johnson (www.jnj.com); the drug's first full quarter of sales since launch was a driver behind this huge jump in manufacturing services revenue compared to the prior year.
Charles River Laboratories (www.crai.com) turned in positive top-line growth in the third quarter of 2011, largely due to foreign currency gains. Growth was driven by strong demand in the firm's research models and services segment. From a Charles Rivers Associates press release, revenue for Q2 of fiscal 2012 was $67.8 million, compared with $80.6 million for the Q2 of fiscal 2011, quarter ended July 2, 2011. Non-GAAP revenue for the Q2 of fiscal 2012 was $66.3 million, compared with $79.6 million for the Q2 of fiscal 2011. The firm has announced it has significantly expanded a preferred-provider agreement with a leading global pharmaceutical firm and is in the early stages of similar discussions with other large clients.

 

Private Equity Opportunities in Contract Research Organizations (CROs): Part I

Contract research organizations (CRO) provide research services support for the biotechnology, medical device and pharmaceutical industries on a contractual basis. They offer such services as preclinical and clinical research, clinical trials management, biopharmaceutical development and pharmacovigilance. CROs run the gamut from international full-service organizations to niche specialty businesses. The emergence of the strategic partnership model, with some of the largest global pharma companies pairing with leading CROs in R & D, has stimulated the industry's growth.

A survey by RW Baird analyst Eric Coldwell found that 42% of pharmaceutical companies saw prices increase during the second quarter 2012, up from one-third in the first quarter. The scene is set for a projected 3.6% to 8% growth in R&D budgets among both pharmaceutical and biotech firms. Coldwell speculated, “Looking ahead several years, we have generally concluded that client R&D budgets will be flattish in total, yet the CRO industry secular market move to higher involvement will continue as clients replace less efficient internal functions with more efficient and cost effective external solutions.”

An article in Forbes found that of 388 drugmakers and biotechs that were surveyed reported that CRO clients expect a 9% increase in outsourced R&D budget, with total market penetration by CROs increasing from 35% in 2010 to 38% in 2011. Among large drugmakers, 27% expect to outsource, while 47% of the smallest companies expect to outsource.

The Association of Contract Research Organizations (ACRO) conducted a survey of its own members and examined 11,508 trials carried out by ACRO members; the results showed that each CRO was involved, on average, in over 750 studies. By comparison, ACRO states that approximately nine of its members worked on roughly 400 trials in 2008. They also contributed to 33 of 38 drugs approved in the US and Europe in 2010.

For these reasons, the last 18 months have been a buying spree of CRO’s by private equity funds with the next 12 months looking to be similar.  The ability of CROs to improve performance even when R & D budgets have remained flat has made them a darling of investors.

In Part II of this report we will examine key industry players and the firms that have recognized the growth potential of the segment and invested accordingly.

 

 

Hardware, Software - Major Inroads for Healthcare Investments

 The future of medicine sits squarely in wireless telecommunication and devices—and the future is now.

The population of the U.S is aging and healthcare costs are on the rise. Add to that the very real possibility that private practice will all-but-disappear within five years or so from now and the case for wireless, physician-accessibility becomes all the more vital.

Qualcomm, always a major player in wireless technology, is looking to gain all-star designation by launching a wholly-owned subsidiary, Qualcomm Life. This segment will focus specifically on wireless healthcare and is tied directly with the release of the company’s wireless connectivity platform. The platform will allow users, physicians, hospitals, patients, to have wireless connectivity without needing a wireless carrier, without data fees and without the need for a password to access Wi-Fi networks. This technology is the same as that used by Amazon for its Kindle e-readers, developed by… Qualcomm.

The 2net™ Platform from Qualcomm Life is a unique, cloud-based solution that enables the wireless transfer, storage and display of medical device data. The platform is designed to be interoperable with different medical devices and applications, providing end-to-end wireless connectivity. Thus, it will not matter what device (i.e. iPhone, Android, Blackberry) being used, nor which carrier (i.e. Verizon, Sprint, ATT), the Qualcomm platform will interface with all.

 Lest you think that this has negative HIPAA ramifications, the modality has already been approved by the FDA, meeting the vital healthcare security and privacy requirements. The San Diego-based communication is definitely ahead of the curve, knowing very well that wireless connectivity is an innovative and essential aspect of new medical devices and communication technology.

Qualcomm is not the only entrant in the medical wireless device arena. 3M has unveiled a healthcare application that is said to allow health care professionals to better coordinate their schedules, review patient data, dictate progress notes and log changes on their mobile devices. The 3M Mobile Physician Solution is designed to interface with most smartphones, which, surveys show are used by approximately 84% of physicians. The new 3M technology allows physicians to identify key patient information; access medications, allergies, and lab tests and record and transmit progress notes using speech recognition systems. With the 3M Mobile Charge Capture, capturing and applying professional fee charges by pairing appropriate billing codes with procedures will lead to quicker and more accurate payment.

With physician reimbursements coming in at the speed of the proverbial turtle and Medicare, Medicaid and private insurance payments being sliced and diced, doctors in every field count on available new technology to generate more accurate and faster payment modalities. When these are coupled with better patient-record access and increased productivity, wireless technology in the medical realm is a win-win situation and one that will only be improving and expanding. Getting in on ground-floor investments in wireless medical technology should be a serious consideration for those investing in today’s healthcare companies. Investments in many life sciences and healthcare sectors continue to perform well. It is crucial for investors to continue to analyze current and future revenue sources to meet the opportunities and the challenges as they arise.

 

Do Providers Truly Experience Promised Cost-Savings With Electronic Medical Records (EMR) Adoption?

Most providers and healthcare investors are aware of state and federal government incentives available for adopting electronic medical records (EMR) systems. And while the start up costs inherent in EMR adoption can be daunting, the cost savings associated with EMR adoption (which are on top of federal and state incentives for adoption) have also been widely discussed.   But just what level of savings are available and how quickly can those savings be achieved?   

One recent study shows that the adoption of electronic medical records was likely to provide savings for urban hospitals after three years of their use, while rural hospitals faced increased costs for at least six years. In the National Bureau of Economic Research study published in Modern Healthcare, hospitals' proximity to information technology companies and their experience with health IT upgrades were among the biggest determinants of whether the addition of EMRs would lower or increase costs. The researchers examined records for hospitals that adopted EMRs from 1996-2009 and found hospitals in “IT-intensive markets” experienced a 3.4% decrease in costs three years after adopting a basic EMR and a 2.2% cost decrease three years after adopting an advanced EMR. However, hospitals in areas with the least amount of IT firms had up to a 4% increase in costs even six years after adoption of EMRs.

The National Bureau of Economic Research study findings could help to explain the “uneven” adoption of EMRs, the authors noted, despite a federal program to provide $20 billion in adoption incentives and penalties to non-adopting providers.  The findings indicated to the authors that IT adoption's impact on the bottom line in healthcare follows a similar pattern to what other industries experienced when digitizing their data. Specifically, companies that derived profits from technology upgrades were among those that also undertook changes in staff and businesses processes to best use the technology. And such technology staff and business reorganizations were more likely to have occurred when such personnel and knowledge were locally available.

The results from the National Bureau of Economic Research study are similar to those from a 2009 Harvard study of cost savings from EMR, which found virtually no cost savings for the 100 hospitals studied, including hospitals on the “Most Wired Hospitals” list.   And of course, as with any study, there is evidence to the contrary, including several studies showing dramatic cost savings available to certain provider types assuming certain qualities. One such example is the 2003 study published in the American Journal of Medicine by several physicians regarding cost savings available in primary care.   All of these studies address a variety of factors for when EMR-related cost savings can really come to fruition. For providers, asking the EMR vendors to speak to these differences in cost savings opportunities and to stand behind their claims is key. For healthcare investors, the extent to which new EMR technology is factored into future financial projections should be carefully considered in light of the particular provider’s situation, in lieu of applying a universal truth to all providers equally.

How Does the U.S. Supreme Court's Ruling on Healthcare Reform Impact Physician-Owned Hospitals?

We have discussed in several prior posts the lawsuit challenging Section 6001 of the healthcare reform law (the Affordable Care Act, or the ACA) lead by Texas Spine & Joint Hospital (TSJH) and Physician Hospitals of America on behalf of the physician-owned hospital industry.   The challenge claims that Section 6001 is unconstitutional in its aggressive restrictions on development of new and expansion of existing physician-owned hospitals that bill Medicare/Medicaid, with a particularly damaging impact on hospitals that were in development when the law was passed on March 23, 2010.   The case got additional national attention when Judge Smith ordered US Attorney General Eric Holder to deliver a 3-page letter addressing President Obama's statements regarding the right of the judiciary to declare Congressional acts unconstitutional.   Most industry watchers believe that the Fifth Circuit had withheld its ruling on Section 6001 pending the US Supreme Court's decision on the ACA, because, if the US Supreme Court had deemed the individual mandate unconstitutional and the lack of a "savings" or "severability" clause as fatal to the entire law, then Section 6001 would have fallen with the rest of the ACA, thereby rendering the TSJH and PHA case moot.  Now that the US Supreme Court has upheld the individual mandate (without ruling on Section 6001 as it was not part of the challenge to that particular court), the Fifth Circuit must now render its ruling in the physician-owned hospital case.   The ruling will be the next in the line of cases challenging various aspects of the ACA.

McGuireWoods Attorneys Discuss US Supreme Court Healthcare Reform Decision

Just minutes and hours after the US Supreme Court issued its much-anticipated decision regarding the constitutionality of The Patient Protection and Affordable Care Act (PPACA or ACA) on June 28th,  commentators in all walks of life scrambled to offer their insights via various media outlets.  Our McGuireWoods colleagues also prepared a thoughtful analysis of the decision and its implications on various sectors in this publication.   Clearly,  the decision and the ongoing Congressional and state-level battles over healthcare reform will continue to impact long-time and newer investors in healthcare and life sciences.

Healthcare Spending Continues to Rise

The National Health Expenditure Accounts (NHEA), published by the Centers for Medicare and Medicaid Services (CMS), are the official estimates of total national healthcare spending. The NHEA measures annual U.S. expenditures for healthcare goods and services, public health activities, program administration, the net cost of private insurance and research as well as other investments related to healthcare.

U.S. healthcare spending increased by about 3.9% in 2011 over the previous year, accounting for approximately 17.9% of GDP, the same as in 2009 and 2010, according to CMS. “The increases in such expenditures will continue to outpace economic growth projections, jumping 7.4% in 2014, when much of the insurance expansion created by the [Obama] health law begins”, writes Alex Wayne for www.bloomberg.com. The new law would add 0.1% to the average annual health spending through 2021, according to the journal, Health Affairs.

Health expenditures in the U.S. neared $2.6 trillion in 2010, ten times the $256 billion spent in 1980. Since 2001, employer-sponsored health coverage for family premiums has increased by 113%.

Federal, state and local governments are projected to spend some $2.4 trillion on healthcare in 2021, half of all U.S. medical expenditures; government spending currently accounts for about 46% of healthcare spending, projected through 2013. Total U.S. healthcare expenditures will surpass $3 trillion in 2014 and reach $4.8 trillion in 2012, according to government data.

For the past several years, healthcare technology and prescription drugs have been the primary contributors to the increase in healthcare spending, with that from prescription medications decelerating and healthcare tech and IT increasing. Approximately 7% of healthcare expenditures go toward administrative costs of government healthcare programs and net cost of private insurance (administrative costs, reserves, taxes and P&L), according to data from Kaiseredu.org.
 

Healthcare Investors Turn Increasingly to Information Apps

Investments in healthcare information technology rose 78%, to $766 million in 2011, from 2010 and has doubled since 2006, according to statistics from National Venture Capital Association.  Data from Mercom Capital Group, a consultant to health-care companies, show funding totaled $184 million in 27 deals in the first quarter of 2012.

Rock Health, a seed accelerator for health technology start-ups, reports that industry venture investments of $2 million or more per transaction have increased about 30% this year, with the majority of start-ups receiving, an average of $11.8 million.

In a recent article by Anna Edney in Bloomberg, increasing numbers of venture capitalists are investing in start-up companies that create tablet and smartphone applications for healthcare practitioners and medical centers.

Qualcomm Inc.has started a $100 million fund; the first investment from Qualcomm Life Fund, which was formed in December, was in Airstrip Technologies , for an undisclosed sum, completed just this past February.

AirStrip Technologies developed a software platform to send critical patient information directly from hospital monitoring systems, bedside devices, and electronic health records to the healthcare provider’s mobile device. AirStrip applications, which are FDA-approved and HIPAA-compliant, are powered over wired and wireless networks, delivering real-time clinical data.

Insight Venture Partners is putting $40 million into a startup. Managing director Richard Wells sees the innovative apps as a service whereby doctors can schedule appointments, hospitals and clinics can monitor patient data and corporate health plans can utilize the software as online wellness tools.

As we have discussed in prior posts, with an impetus from both insurers and government to collect better healthcare data in an effort to control costs, demand should only increase for applications that let practitioners get test results more efficiently and monitor patients’ vital signs from remote locations. Although investment in traditional medical device companies still eclipses medical app investments, that segment has seen a reduction to $2.8 billion in 2011, from $2.9 billion in 2006. This, the article states, may be due to the unpredictability of FDA reviews and the fact that most devices are subject to regulatory reviews where companies are required to demonstrate that their product is reasonably safe and effective before being approved; apps do not require this intervening process.

 

Medicaid Budget Crunch Part IV: The Impact in Illinois

In Illinois many doctors are eschewing Medicaid patients due to low reimbursements, a trend that will likely become critical in less than two years, when the numbers of Medicaid patients are expected to increase.  In just two years, some 611,000 Illinois residents will become eligible to receive Medicaid benefits, a 22% increase from current 2012 numbers. Recently, the Illinois General Assembly voted to cut $1.6 billion from the Medicaid budget, $14.3 billion for the current fiscal year. Each state sets its own Medicaid rates, with Illinois’ rates among the lowest in the U.S.

According to Deborah Edberg, MD, first vice president of the Illinois Academy of Family Physicians, “For a private physician…if you take too many Medicaid patients, you can’t keep your doors open.

As we discussed in Medicaid Budget Crunch & Its Impact on Healthcare Investing: Part I from a year ago, funding for healthcare programs, including Medicaid, has reached critical stages. Changes to eligibility as well as reduction to state Medicaid programs will, most likely, impact those sectors most dependent on Medicaid funding, such as the skilled nursing (SNF) industry.

As we pointed out in Medicaid Budget Crunch & Its Impact on Healthcare Investing: Part II, some healthcare providers are seemingly well-positioned to thrive even as both state and the federal governments amend Medicaid budgets, notably dialysis providers, preventive care/disruptive healthcare initiatives, primary care providers, managed-care organizations and health IT.

The uncertainty concerning healthcare in general and Medicaid in particular continue to dominate both the news and the thoughts of most Americans. It has now been one year since the end of the federal government’s enhanced Medicaid reimbursement rate to the states. This loss of federal funding has states clamoring for more ways to significantly reduce their Medicaid budgets. Unfortunately, as we proposed in Medicaid Budget Crunch & Its Impact on Healthcare Investing: Part III, many options available to the states to trim their Medicaid budgets will continue to deleteriously affect many healthcare providers.

With increasing demand and diminishing dollars, investments in many life sciences and healthcare sectors continue to perform well. It is, however, more important than ever for investors and providers to continue to scrutinize both present and future revenue sources to meet the opportunities and the challenges as they arise.

 

 

Doctors Say Medicare/Medicaid EHR Guidelines Onerous

Doctors and organized medical associations are voicing their objections to proposed Stage 2 Medicare and Medicaid guidelines, saying the new standards are far too demanding for many smaller and less-sophisticated medical practices. Practitioners are asking that requirements be within a physician’s control and not rely on a third party’s use of technology; e.g., a patient or laboratory. The AMA, as well as 98 state and specialty societies, also argue that EHR penalties should not be backdated. These organizations also strongly oppose CMS (Centers for Medicare & Medicaid Services) plans to cut rates by 1% in 2015 and 2% in 2016 for not meeting ‘meaningful use standards’ by October 2014. It should be said that CMS has provided exemptions from penalties in certain practices.

Over 185,000 doctors have registered for the program but hundreds of thousands had not applied for the incentives as of March. Approximately 62,000 doctors have received incentives from either Medicare or Medicaid. CMS indicates that fewer than 200,000 physicians, out of the over 600,000 eligible, reported PQRS (Physician Quality Reporting System) measures in 2010. Over 125,000 doctors met enough of the criteria to share a total of some $400 million in incentives but hundreds of thousands did not even attempt to meet the pay-for-reporting criteria due to the burdensome process. Over 50,000 attempted to qualify for the bonuses but failed to report sufficient measures. PQRS participation increased when 35 academic practices, with 24,823 eligible professionals, chose to send physician quality data as group practices, receiving financial bonuses.

CMS is offering up to $44,000 over five years from Medicare or $63,750 over six years from Medicaid to eligible health care providers who adopt EHRs and implement them in a meaningful way, reports Charles Fiegl on www.amednews.com. Stage 1 rules, implemented in 2011, required physicians to meet 15 core measures and five optional measures; stage 2, which will begin in 2014, will require doctors to meet additional requirements.

Bonuses were allotted to 168,843 health care professionals and just over 19,000 medical practices in 2010, with the average payout $2,157/doctor and $20,364/practice. These incentive amounts are diminishing until 2014, the final year to receive higher pay before the first noncompliance penalty is levied to pay rates in 2015. A 1% penalty was applied this year to thousands of doctors who did not report enough eligible electronic prescribing situations with their patients last year.

The Government Accounting Office (GAO) is currently examining the process that CMS uses to validate if healthcare providers have met “meaningful use requirements”. Practitioners may be required to submit additional documentation to prove that they are, indeed, entitled to receive ‘meaningful bonuses’ since it seems apparent that the Medicare incentive program may be vulnerable to making improper payments. Currently, Medicaid requires additional reporting that Medicare does not require or does not verify until payment has been made; the GAO would like to see Medicare match those increased requirements. To test these conditions, some 10% of hospitals and 20% of professionals that are receiving incentive checks will be subject to random audits.

                                                                            ****************

Nearly 62,000 doctors have earned electronic health record bonuses from Medicare and Medicaid since May 2011, with nearly 40,000 getting bonuses from Medicare. Primary care practitioners have received the most from Medicare, with about 17,000 doctors sharing more than $300 million.

Specialty

Physicians

Bonus total

Family medicine

8,614

$155.1 million

Internal medicine

8,418

$151.5 million

Cardiology

3,214

$57.9 million

Gastroenterology

1,907

$34.3 million

Orthopedic surgery

1,721

$31.0 million

General surgery

1,501

$27.0 million

Urology

1,267

$22.8 million

Neurology

1,190

$21.4 million

Otolaryngology

1,085

$19.5 million

Pulmonary disease

1,027

$18.5 million

Nephrology

953

$17.2 million

Ophthalmology

902

$16.2 million

Obstetrics/gynecology

771

$13.9 million

Dermatology

747

$13.4 million

Endocrinology

594

$10.7 million

Other

5,628

$101.3 million

Total

39,539

$711.7 million

Source: “EHR Incentive Program,” Centers for Medicare & Medicaid Services

 

 

 

 

DaVita's Purchase of HealthCare Partners Continues Trend of Dialysis Provider Expansion of Services to Renal Patients

We’ve discussed in prior posts the multiple waves of heavy dialysis industry consolidation, but another fascinating aspect of the industry’s expansion is through the largest providers’ (LDOs’) expansion into dialysis-related services and even into treatment of patients with no renal failure or those who are still in the pre-dialysis stage of their renal disease and treatment.    For example, Fresenius Medical Care and DaVita Inc., the two largest providers in the world, each own heavy stakes in companies providing patients with the vascular access they need to receive dialysis, US Vascular and RMS Lifeline respectively.  

Several of these major players in the dialysis industry have expanded their patient and physician outreach in unique investment methods, and a look at publicly-traded DaVita in particular is illustrative. DaVita operates and/or provides administrative services for more than 1,800 dialysis facilities that serve 142,000 patients throughout the United States, as well as running 15 outpatient dialysis centers in three other countries. DaVita shares rose $3.99, or 4.9 percent, to $84.80 in trading on May 21, after trading as high as $85.95 earlier that day. That approached its 52-week high of $90.42 per share reached in late March.

DaVita’s largest shareholder is Warren Buffet’s Berkshire Hathaway Inc., which holds a 6.4% stake. The Omaha, Nebraska-based firm reported in March that it had more than doubled the number of shares it owns in the first three months of the year.

Most recently, DaVita has agreed to buy HealthCare Partners for $3.66 billion in cash plus $9.38 million shares of stock, in an effort to expand the company’s scope into care for renal and non-renal patients.   It will use available cash, senior secured credit facilities and increased debt financing for the deal's cash portion. It could also pay an additional $275 million in cash if HealthCare Partners accomplishes performance targets this year and next.   Following the closing, the combined company will be renamed DaVita HealthCare Partners Inc., according to a statement from DaVita. The purchase price is roughly 8.4 times HealthCare Partners’s 2011 EBITDA of $527 million.

Torrance, California-based HealthCare Partners, which manages and administers 700 medical groups and doctor networks, with operations in California, Nevada and Florida, had $2.4 billion in revenue in 2011. It coordinates care for over 667,000 patients, providing primary and specialty doctor care under a system that rewards reducing health costs. The emphasis on combining cost savings with improved health results gained DaVita’s interest. In a report from Bloomberg News, DaVita opines that the accountable care model (ACO) could be appropriately implemented by the dialysis industry, and this deal is one step in DaVita’s effort to be a part of any ACO opportunities.

Domestically, DaVita has ventured into a number of other service lines that are related to the delivery of care to kidney patients but are not core dialysis over the past few years, including with the development of pharmacy DaVitaRX, Village Health, in the managed care arena and Paladina Clinic , a primary-care ‘direct-pay clinic’ concept. 

VillageHealth, a product of SCAN Health Plan, is a health plan for dialysis, kidney transplant and post-transplant Medicare patients in Riverside and San Bernardino (California) Counties. Care is based on individual case management, with specially trained nurses as a resource for total patients’ health care, not just dialysis.  

DaVita touts Paladina Health, based in Washington, as an innovative approach to provide high-quality, convenient and lower-cost healthcare to patients through a membership-based primary care clinic.  Employees have access to comprehensive primary care, preventive care and basic urgent care services at a clinic within or near their employer’s site.   As with VillageHealth, we presume DaVita intends to expand the concept outside of its origination state.

Additionally, DaVita has expanded internationally at a time where the incidence of diabetes is rising rapidly world-wide. Just last month, DaVita acquired majority stake in Lehbi Care, a Saudi Arabian provider of kidney care, for an undisclosed price. Lehbi currently runs three dialysis centers in Riyadh. In January, DaVita also purchased NephrolLife Care India Pvt., a dialysis center operator. And last year DaVita purchased, for an undisclosed amount, ExtraCorp AG , the owner of two dialysis centers in Germany, the home of rival dialysis provider Fresenius Medical Care

Competitors of DaVita are also looking for unique opportunities to thrive and extend their patient and physician reach in a time where the role of an individual provider of one service specialty is changing rapidly.

 

Patient Protection and Affordable Care Act - The Rebuttal

In prior posts we have discussed financial data released by the Obama administration regarding the financial upside of the Patient Protection and Affordable Care Act (PPACA), the healthcare reform law. Recently, we discussed a current study by the Centers for Medicare & Medicaid Services (CMS). Not surprisingly, opponents of the law are eager to publish findings supporting their point of view. But in response to an inquiry from House Ways and Means Committee Chairman Dave Camp (R-Mich), 71 Fortune 100 companies (out of 100 polled) stated that they could save approximately $28.6 billion in 2014 alone by not providing health insurance for their nearly six million employees.

The facts: PPACA requires employers with more than 50 employees who meet the legal definition of full-time workers, to offer health insurance that meets the qualifications for being affordable, beginning in 2014. The law imposes employer fines, payable as an excise tax; employers that do not offer coverage must pay $2,000/employee after exempting 30 employees. If said coverage is deemed to be unaffordable under the law and employees qualify for subsidies in the health insurance exchange markets (which are to be in place in 2014), employers will be fined $3,000/year for each employee who receives the subsidies. The penalties will be indexed to the average per capita premium for health insurance after 2014.

 The report, BROKEN PROMISE: Why ObamaCare Will Force Americans to Lose the Health Care Coverage They Have and Like, authored by the committee’s majority staff, states that PPACA “threatens the stability and sustainability of the employer-based health insurance system—even among the nation’s most prosperous companies”.

In an article by Sara Hansard, writing for Bloomberg/Bureau of National Affairs, the GOP avers that the majority of these giant companies would save $422.4 billion from 2014 through 2023 by eliminating employee health insurance coverage and paying any penalties. Since the cost of paying the penalties is much cheaper than the cost of providing health care coverage, employers will need to make a tough economic choice. This conundrum could affect some 10.2 million employees and their dependents. Individually, these companies could save an average of $402.3 million or $4,821/employee on an after-tax basis in 2014, by opting to pay the fines instead of health insurance. From 2014-2023, the average employer responding to the survey could save $5.9 billion or $9,999/employee, according to the report.

Eighty-four percent of the employers who responded to the poll felt that future health care costs will increase at rates higher than the increases of the last five years, the report continues. Employers’ costs, which increased 5.9% annually over the last five years, are predicted to rise 7.6% annually over the next few years. These increased costs, companies aver, could lead to increased unemployment as many businesses will simply not be able to afford the cost of insuring their workers.

In 2010, some 170 million Americans received health coverage benefits from their employers, the largest source of health insurance in the nation. Representative Camp argues that “Anyone who gets insurance through their job should be worried what will happen next, because there is a distinct financial incentive for employers to terminate health care coverage under the Democrat’s health care law”.

In response, spokesman for the Ways and Means Committee Democrats, Josh Drobnyk, rebutted the Republicans stance, saying that the Republican report’s assertion that employers may eliminate workers’ health insurance is “a cynical assertion that ignores the fact that the largest and most successful American businesses for years have voluntarily chosen to offer health coverage to workers Employers provide coverage because it a valuable recruitment tool and retention benefit and because it helps keep their workers healthy and productive.”

Paul Dennett, senior vice president for health care reform at the American Benefits Council, which represents mainly large employers that provide both health and retirement benefits to over 100 million Americans, told BNA that employers’ decisions to continue employee coverage post-2014 will involve “many other dimensions than just the question of the after-tax expense of health care vs. the cost of the penalty”.

 And the debate continues.

 

Patient Protection and Affordable Care Act on Trial

 

From March 26 through 28, 2012, the U.S. Supreme Court heard oral arguments in the multi-state challenge to the 2010 healthcare reform law known as Patient Protection and Affordable Care Act (PPACA).  Our McGuireWoods colleagues published a very insightful discussion of the arguments heard each day that week and an overview of the key substantive issues under debate, which can be found here

On March 30, the justices met to deliberate and select an opinion writer.  The opinion is now being written pursuant to the Court's internal process, and the outcome of the Court's decision on the case may change depending on the course of the opinion-writing process.

In the interim, the Centers for Medicare & Medicaid Services (CMS) continue to release information in support of the law. CMS expects the 2010 healthcare-reform law to generate over $200 billion in savings through 2016 by ending disproportionate payments to private insurers that offer Medicare Advantage plans, as well as by implementing anti-fraud policies. The estimate, from the CMS Office of the Actuary, also said that senior citizens and others in the traditional Medicare program should see about $59.4 billion in savings during that same period through lower cost-sharing and premiums.

CMS states in the report, "The Affordable Care Act: Lowering Medicare Costs by Improving Care", that reducing disproportionate Medicare payments to private insurers in Medicare Advantage could save some $68 billion.  Changing provider payments to improve productivity could save another approximately $85 billion, while anti-fraud efforts should realize savings of approximately $7.8 billion; these savings to occur over the next four years.  This could mean a costs savings of about 20%-30% of our National Healthcare Expenditure, which, as of 2009, was $2.5 trillion.

According to CMS acting Administrator Marilyn Tavenner, “The Affordable Care Act is the key to lowering healthcare costs in a way that improves care for beneficiaries, instead of cutting services. In the short term, both taxpayers and beneficiaries will save billions thanks to the healthcare law. Over the long run, the Affordable Care Act will allow us to invest in new models of providing care that will save money and deliver higher-quality care.”

In a proposed rule, CMS said it expects operating payments to acute-care hospitals will increase by about 0.9% in 2013. That figure includes a 2.3% net payment update, which accounts for inflation, productivity improvements, coding changes and other adjustments and policies in the rule. Overall, CMS said that total Medicare spending on inpatient hospital services could increase by about $175 million in fiscal 2013.  Under the proposed rule, payments to long-term acute-care hospitals are expected to increase by about 1.9% or about $100 million in 2013. That projection is based on a 2.1% payment increase to those facilities that is then reduced by 1.3% to account for one-time budget-neutrality adjustment, which brings the actual payment-rate increase for long-term-care hospitals to 0.8% for next year. These figures are from an article by Jessica Zigmond writing forwww.modernhealthcare.com.

Of course opponents of the law, including the 26 states that consolidated to challenge the law in the case that ultimately made it to the U.S. Supreme Court, claim otherwise.  In addition to concerns regarding constitutionality of the law, opponents express concerns regarding a variety of economic factors, including a negative impact on state budgets and what they ultimately believe will be minimal impact on federal spending.

For now, the nation will wait to hear the fate of the law from the highest court in the land and whether the scenarios of financial doom and financial salvation will have a chance to play out. 

 

Dental Investing Filling Need for PE Investing - Part II