Posts Tagged ‘Auditing Your PBM’

PBM Consulting – Managing Your Pharmacy Benefit Manager

Thursday, August 4th, 2011

Relationships, like fine wine, sometimes spoil when mishandled. This is true with family, friends and business partners. At WBC (wbcbaltimore.com) we know that Pharmacy Benefit Managers (“PBMs”) can be added to that list.  Many times, a plan sponsors’ relationship with their PBM sours as a result of negotiating agreements with incomplete or inaccurate information. PBM consulting that offers terms, conditions, and pricing that an  Rx plan sponsor thinks they have bargained for to reduce prescription drug costs can turn out to be quite a bit different in practice!

PBM operations have been one of the best kept secrets in managed care. As a result of litigation over the past few years, many otherwise little-known business practices have come to light.  Stories regarding multiple pricing lists, huge pricing spreads, underreported rebates and non-compliance with contracted discounts have become rampant.  WBC  helps our clients and blog subscribers become better informed as to the PBM business practices that will influence their ability to control prescription drug costs. Our clients know what to look for in a PBM contract and why incorporating contract validation and audit provisions are so important!  We also help them better manage their PBM relationships which will directly reduce their overall drug spend.

The question then becomes “who is managing whom?”  If plan sponsors are the object of PBMs desire, shouldn’t the sponsor be in a position to, if not dictate terms, at least know the rules of engagement?  Unfortunately, too many plan sponsors have been willing to accept the four most damaging words in the PBM lexicon: “It’s standard industry practice.”  By accepting these “standard” practices, plan sponsors have allowed their PBMs to profit, some would argue, unfairly, at the expense of the plan and their members.

The first decision that a plan sponsor should make is to select a PBM business model that is consistent with the sponsors’ own operating philosophy.  There are typically three choices: Traditional; Transparent; and Pass-Through. Traditional is the most elusive.  The PBM will quote a pricing framework, including discounts and dispensing fees, along with shared rebates. Under this choice, little is actually disclosed about cash flows that are generated through the account and the majority of contractual features are left open for the PBM to interpret. The second option, Transparent, is really more opaque than clear. The PBM will declare some level of “disclosure” and will share some of their former windfalls, but they are still not handing over the keys to the kingdom. They may still be bound to achieve their own financial forecasts that are generated based on the financial underwriting assumptions they make when pricing a client account , particularly those PBMs that are publicly traded and have to meet analysts quarterly earnings expectations. The third option, Pass-Through, means that 100% of all sources of revenue generated through the plan sponsors prescription drug purchases,  is passed along to the plan sponsor.

Each of these three choices carries its own advantages and drawbacks. WBC believes that it is the responsibility of the benefit consultant to make sure the plan sponsor is fully informed.  It’s interesting when a PBM will tell the plan sponsor that they will offer all three types of options.  They will also claim that it doesn’t matter to them which offer the client elects, because it’s the same financial outcome to the PBM, based on how they have structured their pricing and administrative fees. This outcome seems philosophically incongruent and demonstrates the financial manipulation at the disposal of the PBM.   In our view, a PBM should offer one over the others.

Visit us again as we cover the additional crucial components for managing your PBM relationship in order to reduce your pharmacy benefit costs.

PBM Consulting – Validation is not an Audit

Tuesday, May 24th, 2011

This is the time of year that plan sponsors are reviewing PBM consulting services to help negotiate  new PBM contracts. At WBC (www.wbcbaltimore.com) we see all sorts of consulting requests to help reduce the cost of prescription drugs. One that hasn’t been utilized as much as it should is invoice validation of a plan’s monthly PBM bill. What good does spending lots of time and money on negotiating the best PBM contract if there is no way to validate the delivery of the contract terms?

The PBM relationship can be a strange one. Where else does the customer not know what their purchases will cost; where the vendor can change pricing at any time, and at their discretion; and where the customer has to depend on the vendor to tell them how they are doing?  This fox sure knows a good deal when they can get it!

Every two weeks in the U.S., more than $12 billion in pharmacy benefit claims (PBM invoices) are paid by plan sponsors without review! Mistakes due to systems problems, coding errors, complexity of PBM contracts and ever-changing pricing discounts lead to errors that create payment confusion for the plan sponsor.  Without concurrent invoice review, a plan sponsor is probably paying significantly more than they should.

Fortunately, technology is now available that enables the review and analysis of unlimited claims data files in very rapid order. What use to take weeks can now be done in a few hours.  This is particularly meaningful when most PBM contracts require payment submission within 48 hours of receipt.  The platforms are PBM-agnostic, so any PBM’s invoice can be reviewed.  WBC helps plan sponsors with this critical prepayment validation service for prescription claims.  Our clients receive an immediate ROI with the first invoice we review.  The review includes:

  • Ingredient costs
  • Duplicate claims
  • Effective discount rates
  • Dispensing fee validation
  • Member cost share
  • Invalid NDC’s
  • Eligibility review
  • Med D subsidy
  • Regulatory compliance
  • Fraud, waste and abuse

A review system should be fully scalable, easily handling large or small claims volumes. Unlike end-of-year contract audits that are difficult to gain recoveries, our monthly monitoring provides cash flow controls and near real-time reporting delivered within hours of obtaining the necessary data feeds.  Discrepancies can be fully documented and deducted from that month’s invoice. Plus, this review is not an audit and should not trigger onerous audit  language found in many PBM contracts.

Adequate financial oversight is not just a compliance afterthought, it’s a necessity!  A comprehensive invoice review will help reduce fiduciary liability by improving regulatory compliance for Sarbanes-Oxley, Medicare Part D, GASB 45 or FAS 106.  Systems should have the ability to maintain a parallel reconciliation process aligned with internal audit and finance reporting calendars.

Audit Your PBM

Saturday, November 28th, 2009

Now, more than ever, plan sponsors should look to evaluate their pharmacy benefit manager’s performance.

Plan sponsors go through the time and expense to try and maintain a competitive vendor contract. Here’s the drill: decide that you want to solicit new bids from vendors who want to compete for your pharmacy benefit management business; go through the procurement process of writing, scoring and evaluating an RFP and selecting a finalist; negotiate the terms and pricing of your new contract, and finally, execute the deal and implement the new program.

imageThe problems occur when there is no practical way to validate the performance of your PBM.  What good is negotiating the best contract if there is no accountability. For too many years, plan sponsors have depended on their PBM to let them know how they are doing! Strong audit rights negotiated in your PBM contract are necessary in order to safeguard your position.

PBMs have been reluctant to volunteer real transparency as it relates to their pricing, guarantees and rebates.  They cite confidentiality concerns and competitive trade secrets as their rationale. Plan sponsors have not only a right, but an obligation, on the part of their plan and its members to validate and verify their vendor’s performance.

Here are some of the major restrictions that can typically be found in a standard PBM contract and that should be addressed under your audit rights:

  • Giving the PBM the ability to ”co-select” your auditors;
  • Limiting the type of information that the auditor can review;
  • Restricting the auditor from sharing their findings or pertinent information from the plan sponsor;
  • Prohibiting the auditor from copying any information or data that would be necessary for the plan sponsor to review;
  • Preventing the recovery of funds that are due the plan sponsor.

PBMs typically want to include language that requires a “mutually acceptable” auditor.  Many times they want the auditor to be a “Big 4 accounting firm.” This can lead to more expense than is necessary and the plan sponsor may have to settle with an auditor that is not as specialized as could be. We believe that eliminating some of the most experienced an effective auditors that specialize in PBM audits is unacceptable. If the auditor has demonstrated appropriate expertise, professional experience, adequate insurance, willingness to abide by a reasonable confidentiality agreement then that auditor selection should be at the discretion of the plan sponsor.