Insight, analysis & opinion from Joe Paduda

Oct
13

Reforming health care without busting the budget

Comprehensive health reform will not happen in the near future. There is no money. There are lots of other priorities – financial stability, huge and growing deficits, energy, wars in two countries, nuclear proliferation and tax policy. There’s just no money, and not much bandwidth. Yet the Democrats will be highly motivated to do something meaningful, pressured by campaign promises and voter demands.
There may well be a solution that enables the Democrats to deliver on their commitment without breaking the bank, while laying the groundwork for more comprehensive reform if and when that’s feasible.
Access can certainly be addressed without additional funds, with support from both parties, and while it will almost certainly incite much wailing and gnashing of teeth within the health insurance industry, they’ll get over it. It would certainly help the several hundred thousand folks who are at risk of losing their employer coverage as the country slides into recession, not to mention those currently unable to obtain meaningful, comprehensive coverage at an affordable price due to a pre-existing condition.
A modest proposal
Congress could pass and the President could sign legislation prohibiting medical underwriting in the individual market, requiring insurers to cover pre-existing conditions, mandating community rating, and establishing a basic benefits plan. There are (at least) three mechanisms available to meet these objectives.
1. The legislation could require states to work with the National Association of Insurance Commissioners to develop model language that would meet these standards. (NAIC does this for lots of insurance types and policies today)
2. The Federal law could set forth minimum standards, while allowing states to require carriers in their jurisdiction to meet higher standards.
3. A new Federal regulatory body could be set up to ensure all insurance carriers comply with the standards set forth in the legislation.
To guard against ‘cheaters’ – the folks who wait till they get sick before signing up for coverage, the law should include a provision allowing insurers to increase rates for those that do not sign up within a time certain after they become ‘eligible’ for coverage. The increase would be pegged to the length of time the individual delayed obtaining coverage (similar to the way Part D works today).
Some will contend that this will drive up premiums for the young and healthy. No argument from me. That’s the way health insurance should work: some subsidize others, with the understanding that when that ‘some’ (or when their kids break bones or they get hurt) someone else will help them out. I don’t know if the increase will be so drastic that it will drive all the young healthies to drop their coverage; my gut says there will be some disenrollment, but it will be modest. I do know that after a period of moaning and groaning, insurers would find themselves competing not on the basis of how well they select risks and decline coverage, but on cost and benefits.
Now wouldn’t that be something?
Politically, it would be pretty tough for any elected representative to come out against the proposal. Who wants to be pilloried for preventing someone from getting coverage just because they lost their job or their employer stopped offering health insurance? Answer – only the most committed of libertarians.
(bad health wonk joke – what’s a libertarian? Someone with a chronic medical condition who hasn’t tried to get insurance in the individual market)
Access would be improved, those who actually need insurance could get coverage (albeit at a price) and everyone would be financially motivated to get coverage.
No, it isn’t perfect. But it is doable.


Oct
9

Are Tenet hospitals in your network?

Many benefits professionals and risk managers evaluate networks based, at least to some degree, on the thickness of the directory and the depth of the discount. The logic is – hey, the more hospitals in there, and the better the discounts, the better it is for my employees/claimants and the better it is for my bottom line.
Logical, and likely wrong.
Let’s take Tenet Hospitals as an example.
I recently completed an analysis of several networks for a client, who was initially impressed that one of the networks under consideration featured their national contract with Tenet, a large for-profit health care system with facilities in the southeast, Texas, California, and southeastern Pennsylvania. In total, Tenet has about 56 hospitals (some are in the process of being sold) and about $9 billion in revenues.
They also have one of the highest charge-to-cost ratios of any hospital or health care system in the nation.
A very thorough, albeit dated, report on hospital charge to cost ratios was underwritten by the California Nurses’ Association and published in 2004. Although the data is somewhat old, it is nonetheless revealing. For example:

  • Of the nation’s hospitals with the highest charges compared to costs, seven of the top ten were Tenet facilities (three were soon to be sold)
  • Tenet’s charge to cost ratio typically was several times higher than the national average
  • 64 of the top 100 hospitals ranked by charge to cost ratio were Tenet facilities
  • the top hospital was a Tenet facility with a ratio of 1092%

I’d note again that these data are old and Tenet has sold off some of these facilities. However, data from client medical bill repricing reports indicates high charge to cost ratios are still quite prevalent among Tenet facilities.
There is additional evidence that charging a lot has been a core business practice at Tenet, which has been charging more than other hospitals for identical procedures since at least 2000. According to one report describing an analysis of Tenet charge policies by the SEIU:
“Tenet’s California hospitals charged an average of $73,038 for pacemaker implants, 81 percent more than the $40,452 charged by non-Tenet hospitals, according to state government figures analyzed by the Service Employees International Union. Tracheostomies, at $569,672, were 69 percent higher at Tenet than in the rest of the state, where they average $336, 579. “Tenet is engaged in turbocharging,” said Steve Askin, health care research coordinator for the union in Los Angeles.”
And:
“From 1996 to 2001, Tenet’s average daily inpatient charge in Orange County grew 101 percent, compared with 28 percent for non- Tenet hospitals. Tenet’s charges for outpatient services here rose 119 percent, compared with 43 percent for its competitors, according to the data.
Last year, [2006] eight of the county’s 10 highest-charging hospitals belonged to Tenet. The Orange County hospital at the top of that list was Tenet’s Western Medical Center in Santa Ana. It billed an average of $9,453 a day per patient. That was $2,500 more than the highest non-Tenet hospital — UCI Medical Center — and nearly twice the countywide average.”
Look at Tenet’s website (or, for that matter, any other health care systems) for information about cost and cost-effectiveness . There are very few statements (and even less supporting data) regarding cost effectiveness, efficiency, or competitiveness. Lots of words about quality and patient care and how great their people are (all of which are important, and significant, and appropriate to be considered in evaluating network facilities).
What does this mean for you?
Discounts are not important – net costs are. Do not evaluate networks on the basis of how thick the directory is and how deep the discounts are. Hospitals that charge a lot can ‘discount’ a lot more than hospitals that don’t engage in charge inflation.
This is obviously critically important for group benefits administrators as well as work comp payers. It also is instructive when considering the potential for national health reform. I’ll dig into that tomorrow.


Oct
8

Obama wins. Now what?

Most pollsters have Obama well ahead nationally and in the swing states, with Gallup reporting he has almost reached a double-digit lead.. And after last night’s debate, which Obama ‘won‘ handily more independents look to be behind his campaign (although if you watched the alternate-universe-dwelling wingnuts on Fox, you might not get that impression).
It is looking very good for Obama, and very bad for the Mav (the bettors have it Obama with a 73% chance of winning).
So, the Senator from Illinois wins. What does that mean for health care?
We’ve established that his big reform plan is not going to happen. And I couldn’t really take Obama at his word when he said last night that health reform would be his second priority after energy. Energy’s big, but health care is bigger.
Here’s what I’d expect we’ll see in 2009-2010 from Congress and the new President.
Expect the new political year to begin with incremental fixes to specific programs – The biggie will likely be Medicare physician compensation. With docs scheduled to see their reimbursement drop by around 20% in 2009, the caterwauling will be heard loud and clear inside the Beltway. Don’t look for a major policy change, but rather something to satisfy the physician community and build a little equity for the future. Where will the money come from?
Do not be surprised if CMS is expressly ordered to negotiate prices with big pharma in the near future. The Part D program is a budget buster, big pharma has few political allies (despite big contributions) and reducing the cost of drugs will save CMS budget dollars that can be spent on physicians.
SCHIP may be next out of the blocks. The expansion of coverage for kids is a central piece of Obama’s platform on health reform, and with a Democratic Congress the chances of meaningful expansion of this program are pretty good. And it won’t just be Democrats voting ‘aye’. After the back and forth battles, marked by confusion and consternation from Republicans who felt Pres. Bush threw them under the bus by vetoing a bi-partisan bill to extend SCHIP earlier this year, enough Republicans are likely to cross the aisle to support funding of a somewhat-expanded program.
Also on the table will be reduced funding for Medicare Advantage, a program that has long struck Democrats as a giveaway to big healthplans. Foolishly. the insurance industry worked hard, and effectively, to block reductions in MA this year. As Bob Laszewski notes, with Congress and the White House changing hands, the bill they stopped this year will look great compared to what they’ll get next. Expect MA subsidies to be slashed, in what could, and should, be seen as a shot across the bow of the insurance industry.
The FDA will also be under the microscope. Despite passage of the Food and Drug Administration Amendments Act of 2007, ostensibly fully funding the FDA and giving it the staff needed to do its job, the FDA continues to stumble. With a Democrat running the Administration, expect increasing oversight, much more post-approval monitoring, and much less tolerance for patent-extending gamesmanship.
What does this mean for you?
Obama is a very smart guy who knows enough to not try to do everything at once. Incremental steps mean progress towards reform – and are easier to accomplish, build consensus. momentum and working partnerships.


Oct
7

Health care – Obama’s best weapon

An article in this morning’s Politico.com asks if health care will reappear as a key issue in the election. If it doesn’t it’s because Obama has missed perhaps his best chance to hit Mc Aon where he’s most vulnerable.
Careful – and not-so-careful – readers of the candidates’ platforms will note that McCain’s has two flaws guaranteed to scare most independent voters; the elimination of employer-based health insurance and requirement that families seek coverage through the individual market. This last may well be more of a factor than the policy wonks and economists think, for the simple reason that families are used to getting their insurance issues handled by their employer. Whether it’s a problem with a claim, need for a new insurance card, issue with a precert requirement, or change in coverage status most Americans have turned to their employer for help.
I sold group benefits for several years, a job that meant I spent a good bit of time talking with HR staff about their employees’ questions and issues. The HR staff acted as an advocate for the insured, and the size of the employer’s business relationship with my employer ensured there issues got addressed quickly. And with minimal shouting from the insured.
Insurance is complicated and complex, hard to navigate for even those of us with secret decoder rings. Normal folks don’t want any part of dealing with their health insurer, and in today’s market they don’t have to.
All that would change if a McCain plan passes. Of course it won’t, but that’s not the point. The point is what his plan reveals about McCain. Here’s betting Obama brings these issues to the fore tonight.


Oct
6

Debate questions for John McCain and Barack Obama

Tomorrow night’s Presidential debate will undoubtedly feature a spirited discussion of the candidates’ views on health reform. I’m not going to be sitting in front of the tube (rather, panel) blogging in real time as I’ll be on a plane. More’s the pity.
Here’s what I’d like to hear and who I’d like to hear it from.
Obama
You’ve consistently argued against mandated universal coverage on the grounds that cost must be controlled first. Yet your plan does little to address cost drivers. What must be done to address costs?
Your plan uses the Federal Employee Plan as the baseline benefit design for all insurers’ offerings. There is some evidence that adding ‘consumerism’ features to plans can reduce inappropriate utilization. How would you modify the basic plan to encourage patients to be more cost-conscious?
Your plan will cost about a hundred billion dollars a year. In today’s economy, how would we pay for that and can we afford it?
Both
Do you view the Massachusetts reforms as positive, and what lessons can we learn from that state?
Lifestyle diseases account for a growing percentage of US health care costs, despite an expensive and ongoing campaign to increase fitness, reduce obesity, improve diet, and eliminate smoking. Is it time for Americans with controllable risk factors to be asked to pay higher premiums for their lifestyle choices?
McCain
You have based your reform plan on the individual market. As a cancer survivor you would find it all but impossible to find an insurer willing to cover you. Many other Americans would find themselves in a similiar situation should your plan pass. How would your plan ensure that the tens of millions of Americans with chronic or pre-existing conditions would be able to afford good insurance?
Your plan relies on high risk pools to provide coverage for those Americans that could not buy insurance from private insurers, yet most state high risk pools are underfunded, won’t cover the high cost care many enrollees need, are closed to new members due to lack of funding, and therefore are marginally helpful. You have suggested your plan would provide ten billion dollars to fund these pools, an amount that is insufficient by any measure. How would you resolve this?
Your plan calls for the elimination of the employer tax deduction for health insurance, a position that most employers firmly reject. How would you convince employers to give up this deduction?
We all know neither of these plans will become law. What we need to better understand is how they think about the hard issues, the details that will bedevil any and all reform initiatives.


Oct
3

Palin doesn’t understand health insurance

Last night Gov Palin convincingly demonstrated her total ignorance of the health insurance market. The woman who, according to her, once went without health insurance (fact check please) said once again that eliminating state regulation of health insurers (the real world impact of allowing interstate sale of individual policies) would solve the health insurance crisis.
Not.
Deregulating health insurance would have the opposite effect. Sure, the market would ‘work’; insurers would get licensed in the most insurance-friendly state, the one with the least regulation, the fewest regulations, the lowest requirements for benefits and capital reserves. States with higher standards for insurers – like prohibitions against retroactive cancelation of policies, requirements that insurers have enough cash on hand to pay claims, and an appeals process so physicians and patients can quickly resolve disputes, would find themselves with no insurers to regulate. The free market would force all insurers to offer the cheapest policies, the ones with the lowest benefits. Any insurer that tried to offer richer benefits or covered folks with pre-existing conditions would sign up older and sicker people – you know, the folks who actually need health insurance. And be bankrupt soon after.
Supporters of McCain’s plan claim there would not be problems as insurance companies operate across state lines today. What they don’t tell you is the plans they use as examples are employer-based. Under McCain, these would go away, to be replaced by individual policies. There would be nothing to prevent the cancellation of policies by insurers suddenly deciding they didn’t want to pay bills for cancer treatment, a new pregnancy, or a special-needs child. Nothing, no appeal process, no regulator forcing the insurance company to pay claims or reconsider a policy cancellation.
Palin also said that McCain’s proposed health insurance tax credit would help families buy insurance. What kind of policy would $5000 buy a family? Perhaps a ‘mini-med’ without coverage for hospital stays and a $5000 deductible. Family plans cost more than $12,000 on the employer market; although they are cheaper in the individual market that’s only because the benefits are so much lower; individual plans typically have higher deductibles and copays, no coverage for drugs or pre-existing conditions and onerous pre-certification requirements.
Palin’s lack of understanding of the world of health insurance conflicts with her claim to speak for Joe Sixpack and his bride Hockey Mom. McCain’s plan would leave them with lousy coverage and no recourse, at the mercy of unregulated insurers.


Oct
2

Jason’s 700 billion reasons

to read health wonk review are here.
Jason’s given us a quick synopsis of the best of the wonks sorted by topic.


Oct
1

Cephalon – the worst of the worst

If you’ve been wondering why your company is paying so much for high-powered pain medications, here’s why.
Cephalon, manufacturer of Actiq and Fentora, has:
“agreed to plead guilty to promoting off label use of its painkiller Actiq–which was widely used for purposes outside of its original FDA approval–as well as narcolepsy pill Provigil and epilepsy treatment Gabitril. Cephalon has admitted that it had been marketing Actiq, a highly addictive narcotic lollipop produced to treat certain cancer patients, for off-label uses including migraines, sickle-cell pain crises and injuries.[emphasis added] (Fierce Healthcare)
Cephalon is the poster child for everything that is wrong with medicine in this country. They make me-too drugs; reformulate drugs to extend the patent life (fentora); aggressively market their drugs to docs who have no business prescribing them for purposes the drugs were never approved, nor are appropriate for; bribe docs to promote their drugs; and charge unbelievably high prices. Then, when the drugs do go off patent, they manipulate the price of the brand (doubling it in the case of Actiq), raising it and thereby creating a very high price for the generic. Oh, and their drugs have awful side effects – Actiq, which rots patients’ teeth is but one example.
In my work with workers comp insurers, TPAs, and self-insured employers, I see a lot of data on prescription drugs. Actiq and Fentora are almost always in the top five in terms of drug spend – (a month of Actiq easily runs $2500). Why is Actiq a big part of workers comp, you ask, because it is only FDA approved for breakthrough cancer pain, a medical condition that for all intents and purposes does not exist in workers comp? Because Cephalon has been pushing the drug to general practice docs.
In fact, only 1% of Actiq scripts were written by oncologists during the first half of 2006. So who’s dispensing the drugs?
Physical medicine and rehabilitation specialists were the second highest-dispensing specialty, accounting for 16 percent of scripts during the first six months of 2006, when oncologists and pain specialists accounted for less than 3 percent.
Cephalon will have to pay a $425 million fine, and (here’s the good part), publish the names of physicians it has paid to promote/research its drugs. The fine resulted from acase brought after a Cephalon employee refused to promote Actiq and Fentora to general practice docs, a decision that led to his termination by the company. That’s not chump change, but that shouldn’t be the end of Cephalon’s penance.
I’m hoping, really hoping, that payers will evaluate the settlement and perhaps (selectively) use the physician list to determine if they should disqualify docs from their networks, flag them in their published physician ratings, and carefully scrutinize their practice patterns.
Thanks to FierceHealthcare for the heads up on the settlement.


Oct
1

An epitaph for McCain-style health reform

There is no chance McCain-style health reform will happen.
None.
The hammer blows of crushing budget deficits and the complete failure of a deregulated financial system have ended the free-market, individual insurance movement’s chance of becoming reality. The death of the McCain model was inevitable, but the economic and political realities have saved us from the burden of tearing it apart through public discussion.
As hard as it is to believe, the plan, which would have covered fewer Americans, would have cost much more than rival plans that actually insured more of us. The Joint Committee on Taxation estimated the plan would cost $3.6 trillion over ten years (a mere $205 billion in 2009). (for the details click here) Cost-prohibitive to start, the plan is now so obviously unaffordable that McCain himself couldn’t rationalize its cost.
The McCain health reform plan’s other fatal flaw was its reliance on a deregulated individual insurance market. As Daniel Libit noted on Politico.com today, “In a 2003 interview with CNN, John McCain avowed, “I am a deregulator. I believe in deregulation.” Herein lay the fundamental problem with McCain’s proposal – its reliance on the free market to operate counter to its interests. Somehow the Senator believed that the ‘free market’ would figure out a way to cover people with heart disease, asthma, cancer, hypertension, and skin cancer (that would be McCain) at a price they could actually afford to pay.
Expect to see a lot less trumpeting of the wonders of the free market; even the folks at Cato have been quiet these days; perhaps they are stocking up on food and water as they prepare to hunker down and try to survive their own version of nuclear winter.
At least we didn’t have to describe in detail how McCain’s plan was awfully similar to Bush’s last feeble attempt at health reform, one that a GOP Congress couldn’t bring itself to consider.
If there is a silver lining to the credit market disaster, one of its threads is the demise of McCain’s ill-conceived and deeply flawed attempt at health policy.


Sep
29

Palin on health care and the bailout

I didn’t know whether to laugh or cry, or (more likely) become violently ill after reading this.
Here’s an excerpt from Katie Couric’s interview of Gov. Sarah Palin.
COURIC: Why isn’t it better, Governor Palin, to spend $700 billion helping middle-class families who are struggling with health care, housing, gas and groceries; allow them to spend more and put more money into the economy instead of helping these big financial institutions that played a role in creating this mess?
PALIN: That’s why I say I, like every American I’m speaking with, were ill about this position that we have been put in where it is the taxpayers looking to bail out. But ultimately, what the bailout does is help those who are concerned about the health-care reform that is needed to help shore up our economy [emphasis added], helping the–it’s got to be all about job creation, too, shoring up our economy and putting it back on the right track. So health-care reform and reducing taxes and reining in spending has got to accompany tax reductions and tax relief for Americans. And trade, we’ve got to see trade as opportunity, not as a competitive, scary thing. But one in five jobs being created in the trade sector today, we’ve got to look at that as more opportunity. All those things under the umbrella of job creation. This bailout is a part of that.
I kid you not.


Joe Paduda is the principal of Health Strategy Associates

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