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Thursday, July 29, 2010
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Lyceum Newsletter Perspectives
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Fixing Health Care's Value Deficit: The Problem of Unexplained Geographic Variation (Part 1)
03/05/2010
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By BRUCE CUTTER, MD
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Simply living in different locations can explain wide differences in cost and quality of care.
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We are all witness to a massive value deficit—watching in alarm as health care costs inexorably climb out of control and quality stagnates.
A primary cause of this deficit is unexplained geographic variation in costs, where, for the same level of care, one region varies substantially from another.
Geographic variation, though, is finally attracting the attention it deserves, and stimulating important discussion of potential solutions.
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This article, appearing in two parts, reviews the evidence for unexplained variation, outlines a potential solution to the problem, and discusses potential business opportunities.
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Studies going back over a decade, particularly those of Elliot Fisher and colleagues at the Dartmouth Atlas, lay out a convincing case for the presence of considerable unexplained and unwarranted variation in health care costs and quality in the US, and the lack of correlation of cost with quality.
In 1999, the Dartmouth Atlas reported on geographic variations in cost and quality in various regions of the United States.[1] This work was extended in a publication in 2003 in the Annals of Internal Medicine.[2]
In a recent New England Journal of Medicine ("NEJM") Perspective, Sutherland et al update the Dartmouth Atlas data and provide evidence that most of the variation in cost—over 70 percent—in different geographic areas is unexplained by any factor other than geography. Health status, poverty, income and other factors explain less than 30 percent of the variation.[3]
When it comes to much of health care—and thereby health care costs—“geography is destiny”.
These publications paint an impressive picture of an uneven health care system in costs and quality. Despite a system that is supposed to feature “evidence-based care” as a bedrock principle, simply living in a different locations can explain widely different care.
As a result, many experts now highlight unexplained variation as a key driver of health care's value deficit—that is, worsening quality at higher costs.
Atul Gawande captures the essence of the Dartmouth Atlas findings in a recent article in the New Yorker. He bases his comments on visits and interviews with various health care professionals in two Texas towns, which have dramatically different health care costs—differences that cannot be explained other than by geography.[4]
In another NEJM Perspective, Fisher et al again review their data documenting unexplained variations in cost and quality and illustrate how decreasing variation and adopting the practices of low cost providers would by itself go a long way towards slowing the growth in health care costs.[5]
Specifically, the authors estimate that based on the Medicare trustees’ report on projected revenues and Part A and B spending, Medicare will be $660 billion in the red by 2023. If annual spending growth (per capita) were reduced from 3.5 percent (the national average) to 2.4 percent (the rate in San Francisco, one of the lower but certainly not the lowest cost area), the Medicare estimated balance would be a positive $758 billion. The cumulative change is $1.42 trillion.
Clearly, relatively small absolute changes (although not so small in percentage terms) can have a major impact over time on health care transformation and sustainability.
Explanations
What is driving this unexplained variation? And what, if anything, can we do about it? Understanding the origin of the problem provides us the opportunity to develop solutions.
An article published in Health Affairs provides a window onto the issue.[6] The authors construct a series of hypothetical, standardized clinical vignettes and present them to a variety of primary care physicians from different geographic areas in order to see what degree of variation exists, and attempt to understand the drivers of variation. They design the vignettes to address discretionary decision-making about medical interventions.
The results are consistent with the Dartmouth Atlas data. When it comes to interventions, with strong supporting evidence, there is not much difference between high and low-spending regions when recommending specific clinical interventions.
When it comes to gray areas, which are abundant in medicine, the authors discover that regional variation in health care spending strongly correlates with local physicians' tendency to recommend discretionary interventions.
Patients are seen more frequently, more screening tests of uncertain benefit ordered, and more resource-intense interventions recommended. There are more visits, more referrals, more hospital admissions, more intensive care unit admissions, less discussion of palliative care issues, and so on.
Variation, they conclude, is likely the result of local medical culture differences.
The 2006 and 2008 editions of the Dartmouth Atlas both document wide and unwarranted geographic variation in the quality and amount of health care delivered to Medicare recipients with severe chronic illness. The analysis features care delivered in academic medical centers, including those institutions that, by reputation, are among the most prestigious institutions in the country.[7]
It exposes substantial variation in a variety of measures of care intensity including physician visits, hospitalizations, and use of intensive care that depended on local “culture”, a local medical “signature”.
The Atlas also provides data documenting what its authors have termed “supply sensitive care”. This study shows strong correlation between intensity of care in hospitals and regions and the supply of medical resources. In other words, available hospital beds lead to hospital admissions, physician supply stimulates physician visits, more CT scanners lead to more scans, and so on.
Although patient level research is not available, the Dartmouth Atlas researchers show no meaningful correlation between greater utilization of medical care and better outcomes at population levels.
The picture emerging illustrates vast unexplained and unwarranted geographic differences in health care intensity and spending—differences not correlated with quality and outcomes, and driven by availability of resources and local medical cultures.
Understanding that medical care is largely physician-driven, we can conclude that change efforts must take into account and modify local physician practices (or physician “culture”) if we can ever hope to alter the game fundamentally.
How to accomplish this under national health care reform is no small challenge.
Physician culture
“Culture” is a complex topic, and detailed consideration is beyond the scope of this article. It cannot be ignored however, and is likely key to successful transformation of the US health care system.
Culture, by definition, is the complex interaction of factors both intrinsic and extrinsic to the individual, and, in medicine at least, significantly impacted by geography and also by training and specialty. If we are going to fundamentally change the game in medicine, we will need to understand and address the importance of culture.
The studies referenced above would indicate that when it comes to variation in practice patterns and spending, action and culture are largely local. Solutions will need to incorporate this.
Having the evidence at hand—documented unexplained geographic variation in health care costs, the factors driving this, and the importance of this unexplained variation in the quality, efficiency and cost of health care—we should now be able to address two fundamental questions:
- Are there real-world examples that have the potential to “change the game”?
- Can we decrease unexplained variation, and do so in a way that will reverse health care's value deficit—better care quality at less cost?
The Dartmouth Atlas, for one, does not offer, at the level of an individual or group of patients, the right treatment or the greatest value—it just documents at a population level the impressive variation in costs and quality that exist along with the lack of correlation between them. How, then, can we match quality/outcomes/costs and assess value at every level, from the individual patient to the population? And can we drive these changes in a reasonable time frame?
Medicine is broken, and needs a revolution to fix it.[8]
The current non-system is unsustainable and unacceptable both in terms of quality and costs. The tremendous unexplained geographic variation in health care costs, and associated lack of bang for our buck not only signify our problems, but also point to potential solutions.
We need solutions that:
- effectively address and deal with the problem of unexplained variation
- maintain/enhance quality and outcomes while controlling costs
- embrace and make a reality the Institute of Medicine’s principles of quality
- are applicable to the real world of medicine as it is in fact organized and delivered, and
- critically, have the ability to change provider and payer culture and the game itself
Experience and data in medical oncology, an expensive, emotional, and complicated area of medicine, suggest a potential solution, one that meets all the above criteria and has the potential to “change the game”. The operational term for this solution is clinical pathways. Properly developed and enacted, with appropriate provider accountability and compensation model change, pathways have the potential to be an important part of the solution.
Part Two will consider how clinical pathways could drive the transformation of oncology in a way that is evidence-based, patient-centered, and value-focused. Developed and executed correctly, pathways can be an important solution to the value deficit in medicine.
[1] Wennberg JE, Cooper MM, eds. The quality of medical care in the United States: a report on the Medicare program: the Dartmouth Atlas of Health Care. Hanover, NH: Dartmouth Medical School, 1999 (Accessed February 10th, 2010 at http://dartmouthatlas.org/atlases/99Atlas.pdf)
[2] Fisher ES, Wennberg DE, Stukel TA, Gottlieb DJ, Lucas FL, Pinder EL. The implications of regional variations in Medicare spending. 2. Health outcomes and satisfaction with care. Ann Intern Med 2003;138:288-98
[3] Sutherland JM, Fisher ES, Skinner JS. Getting Past Denial-The High Cost of Health Care in the United States. N Eng J Med 2009; 361:1227-1230
[4] Atul Gawande. The Cost Conundrum: What a Texas town can teach us about health care. The New Yorker, Annals of Medicine. June 1st, 2009
[5] Fisher ES, Bynum JP, Skinner JS. Slowing the Growth of Health Care Costs-Lessons from Regional Variation. N Eng J Med 2009; 360: 849-855
[6] Sirovich B, Gallagher PM, Wennberg DE, Fisher ES. Discretionary Decision Making By Primary Care Physicians And The Cost of U.S. Health Care. Health Affairs 2008; 27: 813-823
[7] Tracking the Care of Patients with Severe Chronic Illness: The Dartmouth Atlas of Health Care, 2008 edition
[8] Neubauer MA, Hoverman J, Kolodziej M et al. Cost-Effectiveness of Evidence-Based Treatment Guidelines for the Treatment of Non-Small-Cell Lung Cancer in the Community Setting. Journal of Oncology Practice 2010; 6: 1-7
☆ ☆ ☆

Stephen S. S. Hyde is the author of "Cured! The Insider’s Handbook for Health Care Reform". He is a former public company CEO and board member of numerous health care companies. A successful entrepreneur, consultant, actuary, insurance expert, medical group CEO, federal managed care regulator, and Harvard MBA, he has nearly 40 years of experience in virtually every major aspect of health regulation, insurance, and care delivery. He is also the author of Prescription Drugs for Half Price or Less. Read Stephen’s latest comments at HydeonHealthCare.com.
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Drug Pricing Methodologies
Average Wholesale Price (“AWP”): The most commonly used price index in pharmaceutical transactions, AWP operates as a suggested list price. Buyers, typically, negotiate lower prices through the inclusion of discounts, rebates or free goods. Medicare uses it to calculate the cost of drug products administered in a physician’s office. PBMs, insurance carriers, and other managed care organizations use AWP to calculate payments to retail pharmacies for providing drug products to patients. Pharmacies often use AWP as a cost basis for pricing prescriptions.
Average Sales Price (“ASP”): The Medicare Modernization Act of 2003 established ASP as a drug payment system. The methodology uses quarterly drug pricing data, which drug manufacturers submit to the CMS. In calculating the ASP, the manufacturer must deduct various discounts, including prompt payment discounts. Like AWP, it serves as a baseline to determine Medicare reimbursement rates.
Average Acquisition Cost (“AAC”): The retailer’s cost to buy drugs from wholesalers: the final cost of the drug to the pharmacy after all discounts are subtracted.
Average Manufacturer’s Price (“AMP”): The average price retail pharmacies or wholesalers pay manufacturers. It is based on sales to the retail sector, which generally pays higher prices than other purchasing sectors. The federal government currently uses AMP to calculate rebates in the Medicaid outpatient prescription drug rebate program.
Wholesale Acquisition Cost (“WAC”): A manufacturer’s list price established for sales to wholesalers, and a basis for calculating rebates.
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MANUFACTURER TO PHARMACY (VIA WHOLESALER)
1. MANUFACTURER
↓ Wholesale Acquisition Cost (WAC) or ↓ Average Manufacturer's Price (AMP)
2. WHOLESALER
↓ Actual Acquisition Price (AAP)
3. PHARMACY
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MANUFACTURER TO PHARMACY
1. MANUFACTURER
↓ Average Manufacturer's Price (AMP)
2. PHARMACY
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PAYER TO PHARMACY
1. PAYER
↓ Reimbursement: Average Wholesale Price + Discount
2. PHARMACY
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PHARMACY TO PATIENT
1. PHARMACY
↓ Retail or Usual & Customary Price (U & C)
2. PATIENT/END-USER
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Drug Coding Procedures
Vendors use both the Health Care Common Procedure Coding System (“HCPCS”), devised by CMS, and Current Procedural Terminology (“CPT”), an AMA creation, to bill for drugs/products that are utilized in the physician’s office, clinic or home setting. These include drugs that are injected subcutaneously, intramuscularly, or intravenously, and drugs administered via nebulizers or other DME equipment.
The National Drug Code (“NDC”) serves as a universal product identifier for drugs and biologics. Although similar to NDC, J Codes contain less information, such as the name of the drug manufacturer. J Codes are administered under the HCPCS.
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The newsletter Perspectives features commentary and opinion on economic transition and business innovation across health care, financial systems and consumer business. Many contributions come from our participants, and reflect front-line experience.
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Maureen Bailey "Silent Epidemic" (volume 5, issue 2), "Nudging Temptation Aside: Behavioral Economics and Diabetes" (volume 5, issue 5)
Ms. Bailey is the author of the forthcoming book "The Diabetic Diva", a cookbook for diabetics with a foreword by Ron Rosedale, MD. Dr. Rosedale developed a nutritional protocol that has helped thousands of people reverse type 2 diabetes. Her work has also appeared in Barron's and The Economist. Read more here.
Tom Cronin "A Better Model for Disease Management" (volume 5, issue 11)
Mr. Cronin is CEO of Neighborhood Diabetes, where he and his partners on the Management Team have grown the company tenfold in the last five years. Prior to involvement in the acquisition of Neighborhood, Tom took a sabbatical from business and was a math teacher at an urban high school and high school varsity soccer coach. Prior to teaching, Tom was CEO and owner of CranBarry, Inc., an established manufacturer and distributor of women's sporting goods. Earlier, Tom was a consultant at Bain & Company, the international strategy consulting firm headquartered in Boston. Read more here.
Bruce Cutter, MD "A New Oncology Business Model" (volume 5, issue 1)
Dr. Cutter is a practicing medical oncologist/hematologist at Cancer Care Northwest, a large integrated oncology group in Spokane, WA. As president and CEO from 2000 to 2007, Bruce lead the development of a comprehensive quality initiative called Foundations of Quality ("FOQ"). FOQ was developed six years ago, in close collaboration with Premera Blue Cross. This program, which includes a pay-for-performance contractual relationship, was founded on the quality principles promulgated by the Institute of Medicine, is physician-driven and collaborative, and based on a commitment by the practice to measurable quality and accountability. Read more here.
Steve Hyde "Personal Choice and Breast Cancer Screening" (volume 5, issue 12)
Mr. Hyde is the author two books: most recently, “Cured! An Insider's Handbook for Health Care Reform” (June 2009, Hobnob Publishing; read review) and, previously, “Prescription Drugs for Half Price or Less,” (2006, Bantam-Dell Division of Random House). He has been a public company CEO and chairman or board member of numerous companies. The former federal chief HMO financial regulator and a certified actuary, he started and grew Peak Health Care, Inc., into a highly successful public managed care company, recognized by Business Week Magazine as one of America’s Best Small Companies. He has extensive experience in managed care operations and strategy, health insurance, managed care regulation, consumer-driven health care, pharmacy benefits, disease management, medical information technology, medical group management, medical network and PPO operations, health benefit design & pricing, health insurance underwriting, community rating, and health service product development and marketing. Steve is CEO of Hyde Rx Services Corp., a health care management consultancy. Read more here.
Wolfgang Klietmann, MD "Understanding H1N1 as a Pandemic Threat and Public Health Service Challenge" (volume 5, issue 11)
Dr. Klietmann is a clinical pathologist and medical microbiologist and serves at Harvard Medical School faculty as an appointed Lecturer on Pathology. Prior to his immigration to the United States in 1992, Klietmann founded and was president and physician-in-chief of a major Institute of Laboratory Medicine in Germany which he built into a peerless institution in its scientific standing and innovative diagnostic reputation among private laboratories in Germany. A prolific author and guest lecturer with over 200 publications and presentations delivered to audiences across the globe, the cornerstone of Klietmann’s career has centered on infectious diseases and bringing together individuals and organizations to share information, technology and resources. His work in biodefense includes a collaboration with MIT in a project for the Department of Defense. He serves as president on the board of directors of the Harvard Business School Health Industry Alumni Association and organized as co-chairman several major conferences held on the campus of Harvard Business School. His memberships in several scientific societies include a fellow of the College of American Pathologists. Read more here.
Tom McNulty, Pharm.D "New Strategies for Specialty Pharmacy" (volume 5, issue 12)
Dr. McNulty is co-founder and chief clinical officer of NovoLogix, Inc, a performance-based health care technology company delivering electronic claims re-pricing processes, prior authorization controls, and integrated patient care and pharmaceutical programs. His expertise includes medication adherence and compliance. Tom is a frequent speaker at industry events and conferences. Read more here.
Kavita Nair, PhD "Value-Based Benefit Design: Getting It Right" (volume 5, issue 4)
Dr. Nair is an associate professor in the department of clinical pharmacy at the University of Colorado (Denver) School of Pharmacy. Her current area of research involves pharmacy benefit design in managed care and retail pharmacy including the structure, pricing and reimbursement of medications, factors affecting the reimbursement of medication in retail pharmacy, willingness to pay for retail pharmacists services and consumer attitudes regarding their pharmacy benefit plans and the impact of multi-tiered reimbursement mechanisms on medication utilization. She is currrently working with Anthem Blue Cross Blue Shield of Colorado to examine the impact of two and three tier co-pay pharmacy benefit plans on the drug utilization patterns of a commercially insured population and a Medicare managed care population. She is also working with various Pharmacy Benefit Managers to examine the impact of converting prescription Claritin to an over-the-counter status on medication utilization and reimbursement mechanisms. Read more here.
Susan Pantely "Benefit Design Strategies and Oral Anticancer Medications" (volume 6, issue 1)
Ms. Pantely is a principal and consulting actuary with Milliman. She works with a broad range of clients, including Blue Cross/Blue Shield plans, HMOs, commercial insurers, government agencies and healthcare providers. Her work includes rate development, provider contract review, reserve certification, capitation development, Medicare risk feasibility studies, HMO start-ups, HMO due diligence, and development of risk sharing and reimbursement arrangements for physician groups, PHOs, and other integrated delivery systems. In addition, Susan has extensive experience with the valuation, financial analysis, and projection of healthcare services for several state public health insurance (Medicaid) programs. Read more here.
David Rose "Smart Packaging, Better Health Care" (volume 6, issue 1)
Mr. Rose is CEO of Vitality, inc. a company focused on connected-health devices and services. He teaches at the MIT Media Lab and speaks frequently on design and product innovation at conferences and corporate retreats. Previously, he was founder and CEO of Ambient Devices where he pioneered embedding Internet information in everyday objects like umbrellas, light bulbs, bathroom mirrors, and refrigerator doors, to make the physical environment an interface to digital information. Read more here.
Robert Rowley, MD "Cloudburst: The New Frontier for Electronic Health Records" (volume 5, issue 11)
Dr. Rowley is a family practice physician and Practice Fusion’s Chief Medical Officer. Dr. Rowley has a first-hand perspective on the technology needs and challenges faced by healthcare practitioners from his 30 year career in the sector, including experience as a Medical Director with Hill Physicians Medical Group and as a developer of the early EMR system Medical ChartWizard. His family practice in Hayward , CA has functioned without paper charts since 2002. Read more here.
David Willcutts "Are Expectations Too High for Health IT Vendors?" (volume 6, issue 2)
Mr. Willcutts is a long time health care services executive and entrepreneur focused on managed care, specialty pharmacy and home care services. He is currently the president and founder of Ready Consultant, LLC an early stage marketplace for healthcare consulting services created in response to the unprecedented level of health care initiatives underway in the US covering areas such as EHR, HIPAA, ICD10, and more. He previously founded Ancillary Care Management (now Novologix) in 1995 growing it to over $450 million in annual revenue before leaving in 2007. Read more here.
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Selected Health Care Legislation
1965: Social Security Amendments authorized Medicare and Medicaid programs. The act created separate payment systems for in patient hospital care (Part A), and outpatient care, including home care and physician services (Part B). Read more here.
1983: Orphan Drug Act gave tax breaks, subsidies, and special exclusivity privileges to sponsors of drugs for rare diseases, defined as having fewer than two hundred thousand cases in the United States. The act implemented market exclusivity by granting protection for seven years against competition from any drug with a similar effect. Read more here.
1984: Hatch-Waxman “Generic Drug” Act required the FDA to accept bioequivalence as sufficient for approval and established the procedure for a generic drug approval called the Abbreviated New Drug Application (“ANDA”). The act extended patents for time lost during FDA review and for one-half the time lost during FDA-required clinical testing. The act capped the extension at a maximum of five years, and the total patent term at 14 years from the data of the FDA approval. Read more here.
1986: The Health Care Quality Improvement Act protected peer review bodies from private money damage liability, and prevented incompetent practitioners from moving state to state without disclosure or discovery of previous damaging or incompetent performance. Read more here.
1989: Omnibus Budget Reconciliation Act authorized resource-based, relative value scale reimbursement of physicians under Part B of Medicare. Read more here.
1990: Budget Reconciliation Act established Medi-Gap insurance regulation that limited exclusions for pre-existing conditions, requirements for uniformity in policies, civil penalties for duplicative services, mandatory rebates if policies failed to return specified percentages of each premium dollar, and rules for "simplification" and standardization of policies. The act also introduced a series of Medicare reforms that aimed to save $40 billion over five years. Read more here.
1992: Prescription Drug User Fee Act established for a five-year period a mandatory fee to be submitted by a pharmaceutical company along with its application to finance the hiring of new employees and reduce average processing time. Read more here.
1996: Health Insurance Portability and Accountability Act (“HIPAA”) allowed for the protection of health insurance coverage for workers and their families when changing jobs, and established national standards for electronic health care transactions and national identifiers for providers, insurance plans, and employers to promote electronic data interchange. The act also authorized tax-deductible medical savings accounts. Read more here.
1997: Balanced Budget Act added Part C to Medicare, which expanded options for enrollment in managed care plans. Read more here.
1997: FDA Modernization Act reauthorized user fees for another five years, and introduced new inducements to conduct pediatric studies that included granting a sponsor an additional six months of exclusive marketing privileges beyond any patent or other nonpatent rights for which the drug may already be eligible. Read more here.
2003: Medicare Modernization Act provided a new outpatient prescription drug benefit under Medicare beginning in 2006 (Part D). In the interim, it created a temporary prescription drug discount card and transitional assistance program. It also included a provision for establishing health savings accounts. Read more here.
2005: Patient Safety and Quality Improvement Act established a system of patient safety organizations and a national patient safety database, to encourage reporting and broad discussion of adverse events, near misses and dangerous conditions. The Agency for Healthcare Research and Quality oversees many of its provisions. Read more here.
2009: The American Recovery and Reinvestment Act included the Health Information Technology for Economic and Clinical Health ("HITECH") Act, which provisions $19.2 billion in incentive money for the implemention and use of electronic health records. It also legislatively mandated the Office of the National Coordinator for Health Information Technology ("HIT"), and the creation of the HIT policy and standards committees. Read more here.
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4. Indemnification. You agree to defend, indemnify and hold harmless each of the Publishers, their respective affiliates, and their respective employees, officers, directors, shareholders, members, agents, representatives, service providers and suppliers, from and against any and all claims, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees, costs and expenses) arising from Your violation of this Agreement, state or federal securities laws or regulations, or any third party's rights, including without limitation infringement of any copyright, violation of any proprietary right or invasion of any privacy rights, except to the extent that such liability results from any infringement of copyright, violation of any proprietary right or invasion of any privacy right by the Publishers.
5. Intellectual Property. You agree that the text, graphics, images, video, designs, organizations, compilation, look and feel, and all other protectable intellectual property available through Lyceum's Services is the property of Lyceum, and is protected by copyright and other intellectual property laws. Unless You have our written consent, You may not sell, publish, distribute, retransmit or otherwise provide access to the contact received through this service to anyone, including, if applicable, your fellow students or employees.
6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Lyceum, at all times be and remain the sole and exclusive property of Lyceum. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Lyceum for its exclusive use. Except as specifically permitted by the TERMS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Lyceum or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Lyceum's prior written approval.
7. Third-Party Sites. The Lyceum Web Site may contain references or hyperlinks to third party web sites. Such hyperlinks are provided for Your reference purposes only. Lyceum and the Publishers, as the case may be, (a) do not control such other web sites, and make no guarantee as to the accuracy, currency, content or quality of any such sites and information, including noninfringement of such web sites or the content contained in such web sites; (b) assume no responsibility as to whether such third party web sites contain unintended or objectionable content; and (c) make no endorsement of such web sites or their content.
8. User Contents. You acknowledge that Users are solely responsible for the contents of any messages they post on bulletin boards, chat rooms or other communications devices as may be provided by the Lyceum Web Site or the Services from time to time, as well as for the consequences of any such messages. You agree not to use the Lyceum Web Site or the Services for chain letters, junk mail, "spamming" or commercial solicitations, and not to send any message or material that is unlawful or gives rise to civil liability. All such communications through the Services are public and not private communications, and each of the Publishers reserves the right to remove such communications for any reason or no reason.
9. Restrictions on Use. You agree not to use this Service for any unlawful purpose. We reserve the right to terminate or restrict Your access if, in our opinion, your use of the service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this agreement.
10. Subscription, Service and Use Fees. You agree to pay all subscription, service and use fees, if any, that you are charged by Lyceum for the Publication and Services and the Information to which you have subscribed and agree that such fees may be changed without notice. PAYMENT RECEIVED IS NON-REFUNDABLE.
11. Further Subscription, Service and Use Fees. If this Agreement relates to a subscription purchased on behalf of a corporate subscriber under which You are an authorized user, that corporate subscriber agrees that it and each authorized user under such corporate subscription are bound by the terms and conditions of this Agreement and that the terms “You” and “User” include such corporate subscriber and each such authorized user. By accessing the Publications and Services, You represent and warrant that the person who ordered such subscription had sufficient authority to order the Publications and/or Services and to bind such corporate subscriber to the terms of this Agreement.
12. Cancellation. A subscription to the Publication renews automatically every month, unless Lyceum terminates it or You notify us of your decision to terminate your subscription by telephone or e-mail (receipt of which must be confirmed by e-mail reply from Lyceum).
13. Termination. Lyceum may discontinue or change this Service, or its availability to You, at any time.
14. Survival of Terms. The provisions of Paragraphs 3 ("Disclaimer and Limitation of Liability"), 3 ("Further Disclaimer and Limitation of Liability"), 4 ("Indemnification"), 5 (“Intellectual Property”), 6 ("Rights Reserved"), 7 (“Third-Party Sites”), 8 ("User Content"), 9 ("Restrictions on Use"), 10 ("Subscription, Service, Use Fees"), 11 ("Further Subscription, Service and Use Fees"), 13 ("Termination"), 15 (“Governing Law”) and will survive the termination of this Agreement.
15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut.
16. Miscellaneous. You accept that Lyceum has the right to change the content or technical specifications of any aspect of the Service at any time at Lyceum's sole discretion. You further accept that such changes may result in your being unable to access the Service.
17. Amendments to Agreement. From time to time, Lyceum Associates, Inc. may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use this Site.
18. Contact Information. Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be given to Lyceum Associates, Inc. at 69 Orchard Place, Greenwich, CT 06830, Attention: President.
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Lyceum members occupy one seat at any event. Lyceum sponsors occupy multiple seats at one or more roundtable series. Members and sponsors qualify as GatherSmart® Executive participants. We expect other participants to pay a participation fee, and to become members or sponsors for continued involvement.
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Lyceum collaborates extensively with its participants on topic and event development.
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Lyceum pursues direct person-to-person contact, optimizing business development.
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Search hundreds of Lyceum roundtable and event participants. GatherSmart® Executive participants enjoy full access.
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The Lyceum Newsletter Perspectives dates back to June 2005, and encompasses more than three dozen discussion topics and over one thousand published pages.
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My GatherSmart is your starting point for dynamic group interaction. Connect to users across our community, search participants at past and future events, and more.
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ChatterSmart is a short-format news blog. Adding your thoughts is as easy as 1-2-3.
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View profile information on users across our entire community. GatherSmart® Executive participants enjoy full access.
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Read Sydney's Weblog Talking Transitions for related commentary and opinion.
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Lyceum Associates welcomes a variety of organizations as members—or GatherSmart® Executive participants—in our service. Members represent diverse stakeholders, including for-profit and non-profit corporations, government agencies, academic institutions, consultancies, and financial service institutions.
User fees support our unique equal-participation format. These fees apply to individual business entities and cover multiple participants.
For enhanced client outreach and business development, we encourage series sponsorships.
Membership entitles users to occupy one seat at any event. Sponsorhip entitles users to occupy multiple seats at selected events.
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Gainful business development and investment require an ability to price future economic shifts within and across industries. Read "Talking Transitions" and learn more.
View the "Talking Transitions" Blog here.
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ACCESS TO THE LYCEUM NEWSLETTER "PERSPECTIVES" AND THE "PERSPECTIVES" ARCHIVES IS LIMITED ONLY TO AUTHORIZED SUBSCRIBERS WHO HAVE READ AND AGREED TO THE LYCEUM USER AGREEMENT, WHICH SOLELY GOVERNS THE CONDITIONS FOR USE OF ANY OF THESE SERVICES AND THE INFORMATION CONTAINED THEREIN. All contents Copyright © 2005-2010 Lyceum Associates, Inc. ALL RIGHTS RESERVED. These Services and the Content contained therein are protected under U.S. and foreign copyright and intellectual property laws, and may not be photocopied, reproduced or retransmitted in any form without the written consent of Lyceum Associates, which may be requested from info@lyceumassociates.com. The content and opinions expressed in "Perspectives" may change and do not constitute investment advice. Lyceum Associates is not responsible for the accuracy of information provided on third-party Web sites. GatherSmart@ is a registered trademark of Lyceum Associates, Inc.
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