ddi newsletter spring 2013
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DDI Newsletter Spring 2013TRANSCRIPT
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Cash-Flow shortage survival tips For DoCtors By Ike Devji, JD
i’ve been talking to more doctors who are contemplating if and how they can keep their
doors open given the fact that their fixed expenses were based on old revenue models that
are rapidly evaporating. Decreases in insurance compensation, Medicare contract losses,
increasing incursion into nearly every area of practice by hospitals that are sucking up every
available insurance contract and pushing doctors that have been successful providers for
years into insolvency, the list goes on and on.
the medical business is a microcosm of the larger economy itself and as always, cash
flow is king. in our current economy, the lack of cash flow has become all too common to
all business owners, including doctors, who were extremely profitable to the tune of six-
and seven-figure incomes even only two to three years ago. in those “good old days” when
revenue and liquidity were taken for granted, there was little or no thought given to monthly
overhead requirements for payroll, vendors, the practice’s rent/lease, or even the commercial
mortgage payments on the facility itself. these lease and mortgage obligations are almost
always personally guaranteed by one or more of the principal physicians in the practice, so
an economy like this one threatens both the viability of the practice itself and the personal
solvency of the doctors who own it.
as this economic pressure continues doctors are working hard on ways to diversify their
practices, increase marketing and adding new revenue streams, but as we’ve seen with
our government, solvency is an issue that needs to be addressed with an eye towards both
revenue and spending. Below are some specific actionable tips to consider, which were
shared with me by Mark Johnson, a partner with B2b CFo in phoenix, ariz., which has
helped business owners nationwide with a variety of business and succession-planning
issues. Johnson has worked at the CFo level for business in nearly every channel including
health care for decades.
AN ILLINOIS INSURANCE COMPANY CREAtEd fOR ANd bY ILLINOIS PhYSICIANSspring 2013 | www.doctorsdirectinsurance.com
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strategies iN traNsitioNiNg to iCD-10as the october 1, 2014 deadline for transition to iCD-10 coding approaches, anxieties
associated with the cost and organizational burden on both healthcare providers and the
healthcare industry rise. those who plan ahead and devote time and financial resources
to education and training will experience a much smoother transition and a much earlier
return on their investment. to assist with the transition, the Center for Medicare and
C. TraviS WaTTS vice President – Sales & Marketing Doctors Direct insurance, inc. [email protected] (708) 406-7695
Dear Physicians,From its founding several years ago, Doctors Direct
has devoted itself to only one market: the practicing
physicians of Illinois. At DDI, we understand that
medical malpractice insurance is not just about han-
dling claims, it is about protection. We are here, first
and foremost, to protect our physician policyholders
amid the sometimes volatile arena of medical liability.
This goal—protecting the physicians—provides
orientation for everything we do within the Company.
Our physician-dominated Board of Directors has the
responsibility for setting corporate policy for DDI. Over
the years, I have never seen DDI, in their deliberations,
fail to ask the core question: “Is this action good for our
doctors?” In underwriting, the Company seeks a deli-
cate balance between wanting to help an applicant find
insurance and applying solid standards of risk accept-
ability, which protect the whole group of insureds from
the effects of adverse claims. Where DDI really shines
is in its claims management, because getting a lawsuit
dismissed or a victory at trial clearly vindicates the
physician when a patient brings a frivolous allegation.
DDI’s reputation among plaintiffs and their attorneys is
clear: we will do everything we reasonably can to defend
our policyholders aggressively. In doing so, we back up
this commitment with a full consent-to-settle provision
in our policy.
Clearly, it is not just an insurance policy that you
are buying. It is protection of your reputation and your livelihood.
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1. Do not pay your suppliers until the due dates and, if necessary,
go past the due date with the vendor’s concurrence.
2. accelerate all accounts receivable collections through timely
customer follow-ups on past due receivables. Consider something
like a discount for cash payments made prior to the due date.
3. renegotiate lease terms on both rent and equipment when you
are in the last two-to-three years of a contract. lessors would
rather keep you in a longer contract at a lower rate than lose
you as a client altogether.
4. utilize outside consultants who work on a contingency basis to
lower costs for expenses such as telecom, property, and casualty
insurance. these arrangements allow for lower expenses and the
savings is usually split with the consultant.
5. reduce inventory levels and manage work-flow production with
a minimum of on-hand product for manufacturing.
6. research your deposits paid over a year ago to utility companies
in order to determine if the deposits are still required; there is a
chance they may not be.
7. Defer principal and interest on outstanding loans with banks and
other creditors.
additional assistance and guidance in the area of cash-flow manage-
ment can be provided by your finance and accounting professional.
Finally, get experienced help. whether renegotiating your lease, going
back to a bank for a loan modification (even interest-rate reductions
have been critical to some doctors), or dealing with creditors in a more
advanced stage of default, you will almost always have better results when
dealing with experienced counsel that knows the law, the players who can
depersonalize the situation and present it as a good business decision to
the other parties. there are lawyers out there that have extensive experi-
ence in this specific area, find one and ask them some qualifying questions
on their specific experience and their results in solving a problem like yours.
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An Asset Protection Attorney helps protect a national client base including several thousand doctors. The article above was originally written for PhysiciansPractice.com where Mr. Devji has over 120 bylines. Ike Devji can be reached at (602) 808-5540 or by email at [email protected] You can also connect with Ike through Linked In and see more of his work here: http://www.proassetprotection.com/Mr. Devji’s article appears here with permission.
Article from page 1: Cash Flow Shortage
Article from page 1: Strategies in Transitioning to ICD-10
Jay F. Kiokemeister, D.O. has been a board certified anesthesiologist in the Chicagoland area for 20 years. He graduated from the Chicago College of Osteopathic Medicine in 1991, and completed his anesthesiology residency at Northwestern University Medical Center in 1995. Dr. Kiokemeister became the President of Ambulatory Anesthesiologists of Chicago, LLC in 1999, and has gained recognition for growing the practice to 20 providers and servicing 8 outpatient surgery centers.
Does Going Direct Really Make a Difference in the Service You Receive?The service is not only efficient it is accurate. when first switching to DDi, i didn’t think that going direct was going to make much of a difference, but it certainly has in regards to service and response. i know that if i have a question, i can get an answer right away, from the decision maker of the company.
Is Doctors Direct One of Those “Here Today, Gone Tomorrow” Companies?DDi has been here for me as an insurance carrier and as a partner, and i am confident that DDi will be here tomorrow. i meet with my company 8 times a year and we discuss various aspects of the business. their direct model proves that they are evolving with the modern healthcare environment.
Do You Miss Having a Broker?Discovering how much my broker was actually being compensated and being able to put that back into my practice was enough for me to switch to DDi. i am getting the best coverage, service and price available in illinois.
Did You Have to Buy a Tail to Switch Companies?No, it was unnecessary as DDi assumed all of my prior acts coverage. i am confident that should a claim arise from something in the past, that DDi is more than capable to manage that claim.
Can Doctors Direct Settle a Claim Without My Consent?absolutely not! their policy language specifically states the physician has the Full Consent to settle clause, which indicates that they will not settle a claim without my consent to do so.
Medicaid services offers an email subscription service, www.cms.gov/
iCD10, providing regular updates on topics related to how to anticipate
the transition’s impact on your practice, how to formulate a realistic
budget in preparation, and how to assemble a project management team
to spearhead the transition.
throughout this transition, no assumptions should be made in regard to
provider knowledge and acceptance of its expected benefits. Devoting
the resources to support a seamless transition may be fruitless without
buy-in from the healthcare team. For practical guidance related to
engagement of the healthcare team in the transitional effort, visit:
DoCtors DireCt ClieNt spotlight: Jay F. KiOKEMEiSTER, D.O.
At DDI, we defend physicians. Our in-house claims
professionals work closely with you and top-flight Illinois
defense counsel. Our goal is to get claims dismissed on
your behalf and to send a message to the plaintiff’s bar that
we will not go quietly. After all, it’s not just a legal action.
It’s an attack on your reputation. We are here to defend you.
Here to Defend You.
always.
Letter from page 1
Claims from back cover
oNliNe proteCtioN oF a proFessioNal reputatioNBy Michael J Sacopulos, JD
the words of warren Buffett have never been more true: “it takes 20 years to build a reputation and five minutes to ruin it.” with everyone from patients to jurors judging physicians based off of online ratings, many physicians are looking for ways to insure their cyber reputation is accurate.
Companies like reputation Changer and Digital whiteout work with their clients to change what people can read about them online. a physician who is involved in a legal situation in his personal life, for example, divorce can be showcased in a simple google search. even though a potential patient may search the physician’s professional background, their personal life details can be tied together
in the past, it was easier to keep private lives out of the public’s eye. the increase of the internet connectivity and exponential growth of social media has further blended personal with public. if you make one uncalculated move in today’s society your reputa-tion can be scorned publically online.
Jury instructions Much has been made recently of the risk of jurors using social media. Dozens of cases around the country involving jurors use of social media during trials have been reported. as one author put it, social networking sites have “wreaked havoc” upon the jury system. the problem is so pervasive; in 2010 the united states Judicial Conference Committee on Court administration and Court Management issued model jury instruc-tions relating to the use of social media and internet research. in october, 2011 a survey of active and senior federal court judges found that 60% of them used the conference committee on Court of administration and Case Managements jury instructions.
Changing a Client’s online reputation some litigators are moving beyond recognition of the issue. they are proactively creating and polishing online reputations for potential advantage in litigation, in the event jurors stray from the courtroom into cyberspace.
industry experts argue, once someone anticipates being sued or is served papers, it is best to get a jump start on what potential jurors, lawyers, and investigators will find when looking online. they caution the longer the negative information is visible online, the greater chance it has to spread virally by people reading it.
in the shadows while it seems realistic to acknowledge that trials may no longer take place solely in the courtroom, this leads to uncomfortable consequences. when and what goes through a juror’s search engine is impossible to fully know. anticipating some level of juror mis-conduct via online activities seems both unsettling and justified. like it or not, we have entered an age of shadow litigation.
Costs for such services can start at $2,500, and can go as high as $20,000 for extreme crisis management.
.............................................................................................. Michael J Sacopulos, JD is the CEO of Medical Risk Institute (MRI).Medical Risk Institute is a firm formed exclusively to provide proactive counsel to the healthcare community to help providers understand where liability risks originate, and reduce or remove these risks. He may be reached at [email protected].
Spring 2013 | www.doctorsdirectinsurance.com | 3
The echocardiogram was performed that afternoon and revealed aortic dissection. A hospital team unsuccessfully tried to find a surgeon to perform an emergency repair of the dissection, and the patient died later that afternoon of cardiac arrest.
Attorneys for the various defendants argued over who was at fault for the patient never receiving a contrast CT scan. In the end the hospital and the internist were found guilty. Mid-trial the hospital admitted neg-ligence, but denied it was the cause of the patient’s death. Several of the defendants entered a high/low agreement prior to the trail, capping their liability costs. .......................................................................................This is not an actual DDI claim, but that of another company. It was reprinted with permission of the Jury Verdict Reporter, a Division of the Law Bulletin Publishing Co.PR
OTEC
TION
There is a lot going on in healthcare today—and
many of the emerging changes are quite problematic
for physicians. Yet, the fact remains that physicians
are highly-skilled providers of care. Patients want to
receive that care and to trust their doctor. A doctor’s
reputation and integrity plays a huge part in being able
to deliver that care. Having a carrier like DDI behind
you is the best way to insure that your good name is
maintained.
I have spent my entire career in insurance in the
medical malpractice field. No company comes close
to DDI in its care for its insured physicians. This
dedication starts with the Board of Directors and flows
to our 6-member Physician Advisory Board, the dedi-
cated members of our staff and our panel of defense
attorneys. We will not rest for a minute in our determi-
nation to protect you, the practicing physicians.
As always, our Board members and all of the man-
agement staff would be very happy to speak with you
about this or any other issue. The physicians who are
insured by Doctors Direct have access to all levels of
the Board and management, and we would welcome
each and every opportunity to visit with you.
Sincerely,
C. Travis Watts Vice President, Sales and Marketing
5 BENEFiTS of being DDI Insured1. The Only 100% DIRECT Writer of Malpractice Insurance in Illinois—
Providing direct answers to your direct inquiries.
2. We are the physician-friendly company. You have a choice and it is yours. We do not stronghold you to stay insured by us with threats of not re-writing you should you leave and return.
3. Our premiums are tied to your exposure, not the general specialty classification—we do not have a broker commission built into your premium.
4. Our policy is comprehensive. Practices are expanding their services to supplement the diminishing income due to decreasing reimbursement. We understand this and extend coverage in many instances.
5. DDI Clients realize premium savings now, unlike some companies, who charge higher rates with a promise to pay you back later via dividends and “loyalty” rewards programs.
Scan with your SMARTPHONE to learn about the DDI Difference
CLAIMS IN THE NEWS
Early in the morning of august 4, 2008, an adult male patient was brought to a hospital’s emergency room (ER) for severe chest pains. The defendant ER doctor determined the patient was not having an acute heart attack. A CT scan showed that he had a dilated aorta and may have been suffering from an aortic dissection, which would require immediate surgery to save his life. A CT scan with contrast was needed to confirm the aortic dissection diagnosis.
As the ER doctor’s shift was ending, he decided to delay the contrast CT test until the patient was admitted to a room. He gave the defendant internist instructions to admit the patient and take over as the patient’s attending physician. The ER doctor also asked the defendant cardiologist to provide a consultation. However, the cardiologist never saw the patient or had anyone from his office see him.
The patient was admitted to his room where two nurses evaluated him. However, neither nurse saw, entered or completed the ER doctor’s order for a contrast CT test. The internist called the hospital twice to inquire about the patient, but did not check on the status of the contrast CT scan or the patient’s diagnosis.
Later in the morning, a second defendant cardiologist saw the patient but he knew nothing about the ER doctor’s order for a contrast CT. After examining the patient and reviewing his records, he suspected an aortic dissection and ordered a contrast CT scan, but did not put a rush on the test. He also ordered an echocardiogram. The nurses never saw, entered or completed the second order for a contrast CT test.
laCk oF tiMely Ct sCaN leaDs to patieNt Death Tried: October 15 – 30, 2012 Verdict: $4.5 million
1140 West Lake Street, Suite 500Oak Park, IL 60301
Doctors Direct insurance
$4 Million for Loss of Society and $500,000 for Conscious Pain and Suffering
Claim continues on page 3
NAME THIS NEWSLETTER! Creativity wins an iPad miniCreate a catchy name for DDI’s quarterly newsletter and submit your idea to [email protected] to be entered into the drawing to win an iPad Mini. Please email your idea to us with your name and contact no later than July 1, 2013. *Limit 1 entry per email address or contact. Some restrictions may apply, contact Doctors Direct Insurance for full details.
»In this IssueCash-Flow Survival Tips
Q & A with Anesthesiologist
Jay F. Kiokemeister, DO
Online Professional Reputation Protection
Claims in the News