United Health & Pharmacy Benefits Manager scandal?

I saw a post about a new United Health scandal and didn’t understand it so I found a few articles about it and I’m still confused.

The title of one was “UnitedHealth, employer of slain exec Brian Thompson, found to have overcharged some cancer patients for drugs by over 1,000%”

What I don’t understand is, that’s an insurance company right? They don’t sell drugs. I can see them trying not to cover them, or insisting you get generic, but I don’t see how they could charge for them.

I’m thinking it might have something to do with “pharmacy benefit managers (PBMs)” that were mentioned. I’m not sure what that is exactly. From the context I’m guessing it’s like a separate drug manufacturing company that is also owned by the insurance company? But if it’s the PBM and not the insurer that’s actually overcharging, how does that make sense either? The insurance is paying for it, so they would only be overcharging themselves.

Help me understand please

PBMs are companies that manage prescription drug benefits. They do not actually make drugs.

They’re sort of subcontractors for the health insurance companies, though, in many cases, they are, themselves, owned by insurance companies. UnitedHealth owns Optum Rx, which is a PBM.

It appears that the overcharging was being done to the patients (i.e., patients are having to pay inflated prices for certain drugs).

From what I can find it is not just United/Optum. The Cigna one and the CVS/Caremark one as well. Those “big three” together have 80% of the market.

We use CVS/Caremark with my employer. I guess I can expect some employees to start asking questions soon.

UnitedHealth Group Incorporated is an American multinational for-profit company specializing in health insurance and health care services based in Minnetonka, Minnesota. Selling insurance products under UnitedHealthcare, and health care services under the Optum brand, it is the world’s ninth-largest company by revenue and the largest health care company by revenue.

Optum, Inc. is an American healthcare company that provides technology services, pharmacy care services (including a pharmacy benefit manager) and various direct healthcare services. Optum was formed as a subsidiary of UnitedHealth Group in 2011 by merging UnitedHealth Group’s existing pharmacy and care delivery services into the single Optum brand, comprising three main businesses: OptumHealth, OptumInsight and OptumRx. In 2017, Optum accounted for 44 percent of UnitedHealth Group’s profits. In 2019, Optum’s revenues surpassed $100 billion for the first time, growing by 11.1% year over year, making it UnitedHealth’s fastest-growing unit at the time.

So, UnitedHealth Group owns both the insurance provider, UnitedHealthcare, and the medical service provider, Optum (which is a set of businesses which includes pharmacy care services, health care services and operations, data analytics and billing services, laboratory services, the DaVita kidney dialysis service provider, various urgent care and ambulance services, hospice and bereavement services, PT/OT providers, and pretty much any other medical-associated service you can think of. If this sounds like “the company store” of company-owned coal towns, well, that is a successful business model. Cigna Group, Kaiser Permanente, Highmark Health and others have similar models but UHC is by far the largest, and its corruption is as well known as it is virtually untouched by regulation.

Stranger

Here is a deep-dive article from a few months ago that explains how the health care marketplace is being distorted by these kinds of vertical integrations.

Highly recommended reading.

Optum doesn’t only service UHC though. It is widely used by other payors of health services, such as workers’ compensation, disability and liability carriers.

But UHC pushes (and in many cases, forces) its ‘clients’ toward Optum services. That’s the entire business model.

Stranger

To add to Stranger_On_A_Train’s answer, and directly address the OP, UnitedHealth offers both insurance services (UnitedHealthcare) and pharmaceutical services (OptumRx).

The insurance company negotiates with pharmacies on a price point for each drug, for each insurance plan offered, and then usually pays at least part of the cost if a beneficiary actually orders the drug.

The pharmacy purchases drugs from manufacturers like Johnson & Johnson or Merck, and distributes them across the countries to brick and mortar stores such as Walgreens or CVS, or by mail-order as is the case with OptumRx and ExpressScripts.

Pharmacy benefit managers (PBMs), in theory, are third-party companies hired to represent one or more insurance plans when negotiating drug prices with pharmacies. The idea is that multiple insurers, or multiple plans under the umbrella of a larger insurer, can obtain lower drug prices from pharmacies by pooling their bargaining power together with a PBM.

It turns out only three PBM companies conduct about 80% of drug price negotiations in the U.S. It is no coincidence that all three are affiliated with large insurance corporations, each with its own in-house pharmacy:

  • UnitedHealth owns Optum,
  • Cigna owns ExpressScripts,
  • CVS owns Aetna

So in practice, this means pharmacy benefit managers are tasked with negotiating lower drug prices with their own pharmacy. The “scandal” you read about is a finding, by the Federal Trade Commission, that the resulting price points are sometimes upwards of 1,000% of what the drug manufacturer charges wholesale.

~Max

But why?

Let’s say you buy prescription insurance from me. In consideration for your monthly premium, I promise to pay 75% of the cost of your prescription drugs, so long as you get them from a network pharmacy. However, if you go to a pharmacy run by my company I will pay 95% of the cost. You were diligent and looked up common prescriptions and found them to be reasonably priced under the plan.

This FTC report is about specialty medications: cancer drugs, HIV drugs, and the like. The most diligent plan sponsor is not going to ask about the price of some obscure cancer drug.

So you or maybe one of your employees gets diagnosed with leukemia, and the doctor prescribes Gleevic monthly. The cost of generic Gleevic wholesale is around $350 per dose. That’s roughly what manufacturers sell it at (it costs ~$2 to make). After a number of intermediaries between manufacturers and brick-and-mortar, you can get the generic at Costco without using insurance for under $800, per GoodRx. You might hope the price at your insurer’s preferred pharmacy is comparable, so that on top of your premium you would only have to pay $40/mo out of pocket to not die of leukemia.

But the price that my company negotiated with our own pharmacy is over $4,000 per dose. That’s over 1,000% of the wholesale acquisition cost. We’re still paying 95% but since we’re paying ourselves, there’s actually no money changing hands. So you (or employee) will end up paying $200/mo to not die of leukemia.

~Max

Alright so what we’re saying is that it’s marked up so much that even with what they cover themselves it’s still a decent amount for the copay?

And I guess they also make bank too for out of network or whatever, but I was mostly curious how they were making money off their own insured, and I’m that answer appears to be inflated copays?

Inflated copays are only one of the ways to make money here. Just because money doesn’t actually change hands doesn’t mean a transaction is free; premiums are still paying for the full list price and this is the majority of the profit. There is also spread pricing and rebates. Before I get into those let me show you what I mean.

I (the company running the pharmacy and insurer) pay maybe $400 for a drug. You pay me a copay of $200, on top of your monthly premium. My accounting is like this:

  • Insurance division: $(3,800) benefits paid out, +$600 PBM admin = $(3,200) total, loss

  • Pharmacy division: $(400) drug acquisition, +$200 patient coins, +$3800 insurer reimbursement, +$40 rebate = $3,640 total, profit

Because I keep the accounting separate for my insurance and pharmacy divisions I get to offset the insurance losses entirely by raising premiums of my own insured, if the market will bear it.

Note, aspects of this arrangement are prohibited in some states.

Spread Pricing

Traditionally, a third-party PBM not only negotiates drug prices on behalf of insurers but also administers the payments for prescription drugs. Spread pricing is the practice of charging the insurer a little bit more than is actually paid to the pharmacy, and pocketing the difference. There’s nothing inherently wrong with the practice so long as there is transparency, but there often isn’t. The major advantage of having an in-house PBM is that the insurer cuts out the middleman’s fee. In the 34 states lacking relevant legislation, who is to say if the savings are passed on to consumers or retained as profit?

For reference, the Affordable Care Act requires most insurers to spend at least 80% of premiums on actual benefits. But in 2019, the state of Maine found that insurers were accounting for everything paid to PBMs as benefits rather than overhead, even as PBMs skimmed about 11% off the top.

Rebates

Drug manufacturers also offer rebates. I don’t know exactly how the rebates are split between pharmacy and insurer; it seems to be a closely guarded trade secret. However in my former capacity running a doctor’s office, when we ordered specialty medications from a distributor, we would get a rebate check every quarter for 1% to 3% of what we spent, based on volume. And we were small fish, a big pharmacy probably gets 10-30% depending on the drug.

Rebates ultimately work to the drug manufacturer’s advantage as a loyalty device. Mainly they are used as leverage to prevent insurers from covering cheaper competing drugs, which in and of itself significantly raises costs for the consumer.

Otherwise, rebates don’t raise drug prices directly because every insurer knows the pharmacy is getting a rebate, so natural market forces will cause insurers to claim those savings via lower reimbursement rates. Unless, of course, the insurer and the pharmacy are in cahoots and operate in one of the 26 states where it is legal to discriminate against non-affiliated pharmacies. To their credit, PBMs claim to pass along >95% of rebates to the insurer, which I believe is probably true since that number has been reported by government agencies in some states. When the insurer and the pharmacy are the same entity, and fail to set a lower price point, do these savings from rebates actually reach the consumer in the form of lower premiums, or is it just 10-30% of pure profit? The data necessary to answer that question independently is confidential.

~Max