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Healthcare Webinar How to be compliant and engaging with your - - PowerPoint PPT Presentation

Healthcare Webinar How to be compliant and engaging with your member communications. Ensure even the most legal content is customer experience-driven. With guest speaker Prof. Christopher R. Trudeau, JD. 01. Introductions 02. Key findings of


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Healthcare Webinar

How to be compliant and engaging with your member communications.

Ensure even the most legal content is customer experience-driven. With guest speaker Prof. Christopher R. Trudeau, JD.

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AGENDA

01.

Introductions

02.

Key findings of the 2019 Health Insurance Report

03.

  • Prof. Christopher R. Trudeau, JD - Connecting while

complying: Why clear communication is vital in healthcare

04.

Q & A

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ˇ ˇ

WEBINARHOUSEKEEPING

  • Our call will last approx. 1 hour.
  • Please ask your questions in the ‘Question’ facility.
  • We have a Q&A session at the end.
  • Please complete the survey at the end of the session.
  • The recording will be shared a few days after this webinar.

Evelyn Wolf CMO @ VisibleThread Evelyn.wolf@visiblethread.com

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MEET

Christopher R. Trudeau, JD, is an Associate Professor at the University of Arkansas Little Rock, Bowen School of Law. He also leads the Regulatory Knowledge & Support function for the University of Arkansas for Medical Sciences’ Translational Research Institute.

OUR GUEST SPEAKER

  • Prof. Christopher R. Trudeau, JD

Professor Trudeau is a recognized expert on clear legal communication, informed consent, and health literacy. He is the first lawyer to be appointed to the US National Academies’ Roundtable on Health Literacy and the Food & Drug Administration’s Risk Communication Advisory Committee. He frequently speaks on creating clear legal documents that people can understand on reducing organizational risk and while increasing compliance. He is also the author of the first U.S. study to focus on the public’s perception of legal communication. In 2018, he published a follow-up study with an international focus. Both of those studies can be found here: The Public Speaks: An Empirical Study of Legal Communication The Public Speaks, Again: An International Study of Legal Communication

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2019 HEALTH INSURANCE REPORT

Key Findings

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  • Medicare Focus
  • When it comes to Medicare, do the top

insurers communicate clearly?

  • 30 of the leading U.S. health insurers
  • Medicare documents available online, often

PDFs

  • More than 169,000 words

2019 HEALTH INSURANCE REPORT

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ONE

86.6% of insurers surveyed are not communicating with their target audience

The National Center for Education measured health literacy in 2003. They found that 51% of adults aged 65-75 have a basic or below basic health literacy level. We recommend a reading grade level of 6 for this age bracket to ensure everyone can easily digest information.

KEY FINDING

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KEY FINDING TWO

Only 6 out of 30 insurers have an acceptable complex word density

Complex Simple accrue add, gain advantageous helpful heretofore until now is in consonance with agrees with, follows pertaining to about, of, on remainder rest therefore so validate confirm

https://plainlanguage.gov/guidelines/words/use-simple-words-phrases/

We recommend a level of complex language of 1 or lower. Complexity Example: The patient is required to notify us. VS The patient needs to tell us. VS You need to tell us.

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THREE

1/3 of insurance companies communicate in academic tone

Passive voice levels should be at 4% or lower.

KEY FINDING

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FOUR

Health insurers use 2x the recommended level of long sentences.

Firms should aim for 5% long sentence use or less. Our research reveals and average score of 9.98% If you choose Original Medicare, you can purchase Medicare Supplemental Insurance plans — also called Medigap plans — to help you pay for care not covered by Parts A and B. 1 Sentence – 31 Words, 15.5 Grade Level You can purchase Medicare Supplemental Insurance plans with Original Medicare. These plans are also called Medigap. They will help you pay for care not covered by Parts A and B. 3 Sentences – Grade level of 7.6

KEY FINDING

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KEY FINDING FIVE

2/3 of insurers produce content more difficult to read than Moby Dick

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Connecting while complying: why clear communication is vital in healthcare

Ch Chris Trudea eau, JD JD

Associate Professor of Law, University of Arkansas, Little Rock, Bowen School of Law; University of Arkansas for Medical Sciences, Translational Research Institute

Twitter: @proftrudeau

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I have no other relevant financial interests to disclose My opinions are not legal advice & not necessarily those of these organizations

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V.

Telling you something Selling you something

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Wh What I’ I’ll ll talk alk ab about today

The importance of HL Tips to get started The business & regulatory case for integrating HL

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Th The i impor

  • rtance of c
  • f clear, h

health- lit literate communic unicatio tion

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Which of the following is the best predictor of an individual’s health status?

  • a. Age
  • b. Income
  • c. Race/ethnicity
  • d. Education Level
  • e. Literacy Skills

75% of patients who reported being in poor health also tested in the below-basic HL category

Source: Weiss BD. Health Literacy: A Manual for Clinicians. American Medical Association / American Medical Association Foundation, 2003. p. 7.

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US US a adults a and h health l literacy cy

Below Basic: Identify how often to have a medical test, based on info in clearly written pamphlet Basic: Give 2 reasons a person with no symptoms of a specific disease should be tested for the disease Intermediate: Find the age range for child to receive a vaccine, using a chart Proficient: Find information to define a medical term by searching through a complex document

14% 22% 53% 12%

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Literacy cy Levels among US Adults

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US State of Arkansas: Health Literacy by County

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We know people struggle with forms

In one of the largest studies conducted on health literacy, researchers using patients from two public hospitals found that:

Source: http://www.ncbi.nlm.nih.gov/pubmed/7474271

86% of people did not understand the rights and responsibilities section of a Medicaid Application 60% of people did not understand a standard informed consent form

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Advanced Directives = the ultimate informed consent

An anecdote from a patient of Dr. Rebecca Sudore at UCSF:

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Th The busin iness & le legal al cas ase for health literacy cy

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Hap Happy Patien ients, Healt Healthy Mar argin ins (Accenture study)

https://www.accenture.com/t20151003T033201__w__/us-en/_acnmedia/Accenture/Conversion- Assets/DotCom/Documents/Global/PDF/Industries_17/Accenture-Happy-Patients-Healthy-Margins.pdf

“A superior customer experience doesn’t just strengthen patient engagement — it also correlates to 50 percent higher hospital margins.” “[A] hospital system earning $2B in revenue would have to cut 460 jobs (assuming a loaded salary of $100K) to achieve the same 2.3 percent margin benefit that improving the consumer experience might bring through revenue growth.”

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Th The SCAN Foundatio ion Report on Patie ient- Ce Centered Ca Care ( (June 2 2016)

http://www.thescanfoundation.org/person-centered-care-todays-health-care- environment-business-case-stronger-ever-issue-brief

“For the person receiving care, PCC results in a greater sense of empowerment, a focus on wellness and quality of life, and a better care experience. There is also evidence that it improves the job satisfaction of health care providers, who enjoy connecting meaningfully with patients and working as a team.” “[For older adults], Medicare pays the hospital a certain amount for a hospitalization based on the person’s diagnosis, regardless of length of stay. . . . [W]hen the PCC program shortens stays, the hospital receives the same compensation but has lower costs and it realizes a return on its investment in PCC.”

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If If you could save e $15 per er call, would you?

“Everytime someone calls us, it costs $15, at it takes time out of the caller’s day.” – Chris Carlson, VP at United Health At $15 per call, United Health had a clear incentive to focus on clear communication with its customers. One useful resource for everyone:

  • Just Plain Clear Glossary -

https://www.justplainclear.com/en

Chris Carlson, p. 51-52

https://www.nap.edu/download/25068

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La Laws, regu egulations, & accr ccrediting standards encourage integrating cl clear co communica cation

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Many government healthcare agencies care about improving understanding:

“Engage individuals and families as partners in their care by incorporating patient and caregiver preferences; using clear and productive communication strategies; improving the experience of care for patients, caregivers, and families; integrating health literacy principles; and promoting patient self- management.”

Strategic Goal #1 from US HHS’s Strategic Plan:

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US US CM CMS’s Co Conditions o

  • f P

Partici cipation ( (tag C C-0320) 0320) s says t this ab about patien ient under erstan andin ing of f consen ent:

“Informed consent requires that a patient have a full understanding of that to which he or she has

  • consented. An authorization

from a patient who does not understand what he/she is consenting to is not informed consent.”

  • Ctr. for Medicare & Medicaid Serv., State Operations

Manual, Appendix W, at C-0320 (2015).

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Fo For home healthcare organizations, CM CMS’ S’s n new w fin final al rules les req equir ire: e:

https://www.cms.gov/Regulations-and- Guidance/Legislation/CFCsAndCoPs/homehealth.html

A Patient Rights Notice that includes patients’ right to actively participate, to develop and update their plan of care and discharge and transfer plans. This notice must written in a language and manner that patients can understand.

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GDPR: General Data Protection Regulation

This consent must be in “clear and plain language” for the given individual. “When seeking consent, [orgs] should ensure that they use clear and plain language in all cases. This means a message should be easily understandable for the average person and not only for

  • lawyers. [Orgs] cannot use long illegible privacy policies or

statements full of legal jargon.” “Given that children merit specific protection, any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.”

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Th The Jo Joint Commi mmission cares about cl clear r commu mmunication

“Informed consent forms that are written by lawyers for lawyers do not increase the knowledge of those who, with their signature, are committing to allow the performance of treatments and procedures that may be associated with significant risks. The typical informed consent form is unreadable for any level of reader.”

THE JOINT COMM’N, WHAT DID THE DOCTOR SAY? IMPROVING HEALTH LITERACY

TO PROTECT PATIENT SAFETY, p. 34 (2007).

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Wells Settlement for Louisiana Medicaid Denials

Requires the Louisiana Dept of Health to “describe specific reasons for denial in plain language and in sufficient detail to know the denial rationale.”

üPL defined as ”language that the intended audience . . . can readily understand and use because the language is concise, well-

  • rganized, and follows best

practices of plain-language writing.”

Insurer should use this as a wake- up call

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Bu But t what t if your

  • r
  • rgan

aniz ization ion’s s la lawyers s ar are still not convince ced?

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Understanding the lawyer’s purpose

A Reality: A lawyer’s duty is to protect a client’s interest. This trumps everything else. But we can serve the client and be clear at the same time. Health literacy and the law are not mutually exclusive.

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Th The sword & the shie ield ld of f healt alth lit literac acy

üHL is a sword because the research & regulations show how important it is to outcomes & understanding. So not adopting HL can open the door for claims. And, at a minimum, ineffectiveness. üHL is a shield because orgs that embrace HL are engaging in best practices to ensure optimal

  • utcomes and understanding –

they meet the gold standard.

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Thr Three t thi hing ngs y you s u sho houl uld ne d never a assum ume ab about t la lawyers

1. That we know anything about health literacy/plain language 2. That we are experts on drafting

  • Some are; some aren’t. But legal

drafting isn’t a required class in most law schools. So don’t assume we know anything more than what the law requires.

3. That we know anything about document design

  • Some are better than others, but

most use Word or Word Perfect (Adobe means a type of native hut to many of us – not design products.)

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Quick cks tips to help you convert the reluct ctant

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The importance of Behavior Theory

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Clear Content User- Focused Design Clarity

The importance of user-centered design

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Assess the organizational culture for clarity

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Enliven Organizational Health Literacy Self Assessment

  • Probably the most useful for

public health orgs & social service orgs.

  • Other assessments developed

for hospitals & provider orgs.

  • Developed at Monash in

Melbourne, Australia

  • But relies on all the global

data & authority.

http://www.enliven.org.au/sites/default/files/Enliven%20He alth%20Literacy%20Audit%20Resource.pdf

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The case for health lit: ü Better outcomes for orgs and customers ü Cost savings (hassle reducer) ü Better compliance with laws and regulations

Connecting while complying

benefits everyone

Connect with me:

@proftrudeau (Twitter) professortrudeau@gmail.com

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YOUR QUESTIONS

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THANK YOU FOR JOINING US

To learn more & your additional questions

Download the report Learn about the VT Insights Platform Get in touch with us

https://www.visiblethread.com/ https://www.visiblethread.com/ products/visiblethread-insights/

Demo: info@visiblethread.com Your Questions: evelyn.wolf@visiblethread.com