Almost immediately after DaisyBill called out Prime Health Services (PHS) for questionable PPO practices, it was clear we struck a nerve. PHS attorneys sent DaisyBill a ‘please stop’ letter requesting among other actions that we retract our description of the curious timeline surrounding an unsigned PHS PPO contract.
In November 2020, DaisyBill contacted PHS on behalf of a provider to discuss the terms of a PHS Preferred Provider Agreement contract. The PHS representative admitted that their EVP had failed to sign the contract in question. Despite this admission, PHS subsequently produced a signed copy of the contract, dated September 2020.
In October 2020, a DaisyCollect provider started receiving reimbursements that were reduced to 30% below the amount allowed by the California Official Medical Fee Schedule (OMFS). The explanations of review (EORs) all listed Prime Health Services as the reason for the 30% reimbursement discount.
On November 19, 2020 DaisyBill contacted PHS to determine whether the PHS contract complied with California law (LAB §4609). In response to the inquiry, Leslie Losey, a PHS-designated National Network Development Executive, emailed:
Losey, a PHS executive, clearly stated that the contract was unsigned on November 19, 2020 (and on her desk). PHS attorneys now insist that Losey was mistaken. Citing administrative difficulties brought on by COVID, the PHS attorney letter claims “an unsigned version [of the contract] was uploaded by mistake.”
The letter from the PHS attorney also claims that despite the “new challenges with operating remotely,” the oversight was “immediately corrected” in November:
Despite the unsigned contract on Losey’s desk, attorneys insist that the PHS-signed copy had always been...somewhere, just not uploaded. And as it happens, “immediately corrected” may be yet another questionable claim from PHS.
In January 2021, PHS responded to another request for the signed contract by sending the unsigned contract, again. Despite the attorneys’ claims of PHS realizing the “mistake” in November, a PHS representative forwarded the unsigned contract as late as January.
When we made this dispute public on our blog, PHS attorneys sent the ‘please stop’ letter requesting the posts be removed, or else.
Instead, for the sake of clarity, we are using this space to delineate the facts of this dispute. Below is a timeline of events and actions regarding this PHS PPO contract, which reduces the provider’s reimbursement for treating injured workers by 30% for dozens of payers.
California legislators should ask this question: Why does California workers’ comp allow PHS and its bill review clients to profit by siphoning revenue intended for providers who help injured workers return to work?
Date |
Action |
9/4/2020 |
PHS begins reducing provider’s reimbursements to 70% OMFS. |
11/18/2020 |
Daisybill requests documents referenced in the Provider Participation Agreement. |
11/19/2020 |
A PHS representative confirms in an email to DaisyBill that the PPO contract remains unexecuted. The PHS representative promises to have a PHS executive sign the contract “as soon as he gets in today.” |
1/15/2021 |
DaisyBill sends Second Review appeal disputing reimbursement reductions and demanding proof that the PPO contract is compliant with state regulations. |
1/27/2021 |
A PHS representative emails DaisyBill a copy of the PHS contract that is NOT countersigned by PHS. |
2/11/2021 |
The provider rescinds their agreement to the unexecuted contract. |
2/11/2021 |
DaisyBill informs PHS that:
|
3/11/2021 |
A PHS representative contacts DaisyBill, insisting the PPO agreement is effective, referencing the unsigned contract. |
3/30/2021 |
A PHS representative emails the provider in reference to the Second Review appeal, and attaches a copy of the contract signed by a PHS executive, dated 9/4/2020. |
4/6/2021 |
A PHS representative contacts DaisyBill in reference to additional Second Review appeals, insisting the reductions are correct per the PPO contract. |
4/19/2021 |
Provider Warning: Prime Health Services (Part I) blog post published. |
4/20/2021 |
Provider Warning: Prime Health Services (Part II) blog post published. |
4/26/2021 |
DaisyBill receives a ‘please stop’ letter from PHS attorneys. |
We see it as a vital part of our mission to ensure that workers’ compensation providers understand how slippery the world of network discounts can be. Whether it’s the blurred distinction between MPNs and PPOs, the opacity of discount leasing, or muddled execution timelines, discount dangers lurk.
For PHS to react so aggressively only drives the point home. We are guided accordingly.
DaisyBill provides content as an insightful service to its readers and clients. It does not offer legal advice and cannot guarantee the accuracy or suitability of its content for a particular purpose.