There's a lot of work involved when a hospital enters into negotiations with a payor and knowing if you're sitting down to negotiate with the right person should be near the top of your checklist.
At the beginning of a negotiation, before a meeting is even scheduled, prep work will have already identified how the payor fits into the overall financial picture, how they are or are not complying with their obligations under their current contract, how they're perceived by the employers in the market, whether or not you want to continue doing business with them, and what your goals are under a new agreement. A CFO and various members of his or her staff will spend a large amount of time pulling together this information, cross-checking it, and testing it, attempting to not only answer all of their own questions and assumptions but also to anticipate any and all roadblocks and arguments that the payor will raise in opposition to your goals.
Once the CFO has the necessary information, the meeting is scheduled. You meet the payor's negotiator, who will provide you with the latest press release about why that payor is the best/nicest/most philanthropic payor in the state/region/country or some similar corporate communication meant to dissuade the CFO from their belief that managed care is a failed payment mechanism, that that payor is especially disagreeable to work with, and, because of this new good press, thousands of your patients will be flocking to join that payor as members in the very near future. The CFO states their goals for the new agreement, financially as well as utilization and quality, and, if they're bold, presents a draft of the new agreement. The meeting concludes with niceties about family, the weather, golf, and/or the current season's sport with a follow-up meeting tentatively scheduled.
You are now in the middle of negotiations where, depending on how significant the financial changes are, the payor's negotiator will either drag their feet -- vacation, division meetings out of town, other departments have to do the number crunching are old stand-bys -- or try to get LOAs quickly signed. Contract language will depend on the size of the hospital and/or the experience of the CFO. A CFO presenting a draft contract will automatically lengthen the duration of the negotiation by at least a factor of three, or, depending on the size of the payor, bring negotiations to a complete halt. It will be the payor's policy to only negotiate from their own document -- no, the payor won't provide you with hard-copy of their policies and procedures, but you'll be welcome to look them up on the payor's web page. A review copy of the payor's "boilerplate" agreement will already be in the mail to the CFO's attention.
The CFO will send the boilerplate agreement to their attorney for review. The hospital's attorney will identify all of the ways the document is one-sided to the benefit of the payor, down to definitions of covered services, medically necessary, participant, and benefit plan. There will be follow-up phone calls, faxes and e-mails between the payor and the CFO. The first follow-up meeting to review language will easily take an hour and should take two. The negotiator will tell the CFO that the financial goals aren't possible, or the physician's just received a 2 percent increase, or that to even consider making the requested financial changes, the hospital will have to go to some kind of fixed OP pricing.
There will be multiple meetings, language and reimbursement will finally be (and most times grudgingly) agreed to. Both CFO and payor negotiator will still be alive and can expect to repeat this process in 2 years. The negotiation will have taken somewhere between 3-9 months from first meeting to signature. The whole process will have taken 12-15 months. What will impact the length of time the greatest is who you have at the table for the actual negotiation.
Having the wrong guy at the table will stretch the process to its limit, making it important to look for and identify the wrong guy early in the negotiation process. You know you're dealing with the wrong guy when he doesn't come prepared to answer your questions (or doesn't respond within 24-hours with answers), when he tells you language cannot be changed because it's the national template, and most tellingly when he can't agree to make a change during the meeting. Once the wrong guy has been identified, stop the meeting. Before you can proceed, you need to know who the right guy is, whether he's this negotiator's boss or his boss's boss. That's who the next meeting needs to be scheduled with and don't be surprised if it takes a notice of termination to make it happen.
Knowing when the wrong guy is at the table and how to get to the right guy will significantly cut the amount of time it takes to reach agreement.■
Recent Comments