Crossing Borders: Opportunities for Wellness and Medicine to Collaborate Under the ACA

Posted by Barbara J. Zabawa | Jun 26, 2016 | 0 Comments

Now is the time for wellness professionals and organizations to offer their services to the medical community.  The emphasis on patient outcomes and preventive health under the Affordable Care Act (ACA) presents a number of opportunities for professionals and organizations that excel at patient communication, care coordination and disease management to partner and collaborate with physicians, hospitals and insurers.  For example, a common theme in ACA initiatives such as Accountable Care Organizations (ACOs), Primary Care Medical Homes (PCMH) and the Quality Improvement Strategy (QIS) is to coordinate patient care among a team of health professionals to ultimately improve patient outcomes.

Poor care coordination is associated with duplicate procedures, conflicting treatment recommendations, unnecessary hospitalizations and nursing home placements, and adverse drug reactions.  Care coordination transfers information between one participant in a patient's care to another and establishes accountability for each aspect of a patient's overall care.

Medicare's ACO program, the Medicare Shared Savings Program (MSSP), requires as part of its patient-centeredness criteria the coordination of care throughout an episode of care and the submission of individualized care programs that promote improved outcomes for patients.  The ACA defines a function of a PCMH is to coordinate and integrate care. The ACA’s QIS, which is set to start in Fall 2016, requires health insurance exchange plans to have a strategy that provides incentives for improving health outcomes through case management, care coordination, chronic disease management and use of medical homes.  These ACA initiatives work in concert with one another; PCMH's are often part of an ACO, and soon Exchange plans will need to incentivize providers to adopt ACO and PCMH care coordination initiatives.

Hospitals and physicians will not be able to meet these care coordination/disease management requirements on their own.  The initiatives demand collaboration among a diverse set of professionals and organizations.  Organizations and professionals such as community health workers, health educators and health promotion specialists, home health professionals, complementary and alternative medicine providers, psychologists and social workers all offer unique and valuable skill sets that fill in the care continuum, which must be seamless in order to improve patient and population health outcomes.

The ACA care coordination initiatives are gaining popularity in the provider community.  The federal Department of Health and Human Services (DHHS) seeks to have 50%-90% of Medicare fee for service payments in value-based payment programs, such as ACOs, medical homes and bundled payments by 2018.  Organizations and professionals that offer care coordination and disease management services must begin positioning themselves as experts in an aspect of the care coordination models.  To do that, they must collect data showing the value of the services they provide and then they must use that data to build relationships with physician groups and acute care facilities.  The goal for these professionals and organizations is to enter into contractual arrangements with ACOs, PCMHs and insurers to serve as member of a health team accountable for improving the health of a population.  Professionals and organizations that jump on the care coordination train early will have an advantage.

About the Author

Barbara J. Zabawa

Attorney Barbara J. Zabawa started the Center for Health & Wellness Law, LLC after she recognized a need for legal services that shared a mission with providers to improve patient outcomes and population health, encourage wellness, protect patient interests in choice of provider and treatment options, provide holistic care, and expand information access. Attorney Zabawa has 20+ years of experience in the health care field, first receiving her Master's in Public Health from the University of Michigan before attending law school at UW Madison, where she graduated with honors in 2001. From 2003-2005, Ms. Zabawa clerked for the Honorable Barbara B. Crabb in the United States District Court for the Western District of Wisconsin and worked on a variety of matters, including employment, patent infringement, civil rights, and contract matters. She also served as a Skadden Fellow representing health care consumers on both the national and local level by helping consumers navigate private insurance coverage issues and advocating for their interests as a Funded Consumer Advocate at the National Association of Insurance Commissioners (NAIC). Attorney Zabawa has worked for a large health insurance company providing advice on the Affordable Care Act as well as HIPAA Privacy and Security compliance. In addition, she was in private practice at a large regional law firm for seven years, where she was a shareholder, led her firm's health care team and served as its HIPAA Privacy Officer. While in private practice, she handled a variety of health law matters, such as compliance with fraud and abuse laws, professional scope of practice matters, state licensing issues, HIPAA privacy and security compliance, Medicare and Medicaid reimbursement and conditions of participation compliance, Accountable Care Organization and other joint venture agreements, employment agreements, as well as business litigation. Attorney Zabawa is the author of the forthcoming book "Rule the Rules of Workplace Wellness Programs." She is a frequent speaker and writer both nationally and regionally on workplace wellness program compliance, the Affordable Care Act, fraud and abuse issues and HIPAA compliance. She has published several law review articles in the practice of health law and has been interviewed by TV, radio and print media regarding wellness, health reform, and HIPAA. She is a Board Member for Rogers Memorial Hospital Foundation, Board President for the Wisconsin Alliance for Women's Health, Board Member for Health Promotion Advocates, and currently serves on the Oversight Advisory Council for the Wisconsin Partnership Program and the State Bar Health Law Section Board. Education JD - University of Wisconsin Law School, cum laudeMPH - University of Michigan School of Public HealthBA - Lawrence University Admitted to Practice: • New York• Wisconsin• Federal District Court of the Western District of Wisconsin• Federal District Court of the Eastern District of Wisconsin• Court of Appeals for the Seventh Circuit• United States Supreme Court


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