Anthem, Express Scripts Face Legal Challenge Over Prescription Drug Prices
Big Pharma Is Seducing Patients With Co-Pay Coupons: Is It Making Drugs More Expensive Overall?
UnitedHealthcare Sues Dialysis Chain Over Billing
by Reed Abelson and Katie Thomas - New York Times
Private health insurers can pay more than $4,000 for each dialysis treatment. Government health plans like Medicaid pay around $200.
That gaping price difference was the motivation for a scheme, orchestrated by a for-profit dialysis chain, that illegally pushed poor people in Florida and Ohio out of inexpensive government programs and into expensive private plans sold by UnitedHealthcare, according to a lawsuit the giant insurer filed in federal court on Friday. UnitedHealthcare says the arrangement needlessly exposed the patients to medical bills.
The suit accuses American Renal Associates, a public company that operates nearly 200 dialysis clinics across the country, of fraudulently billing millions of dollars since the beginning of the year. UnitedHealthcare is trying to recoup that money.
The insurer argues that the effort was aided by the American Kidney Fund, a nonprofit patient advocacy group, which paid the patients’ premiums for private insurance. The insurer said American Renal Associates “earmarked donations” to the kidney fund to pay for the coverage, violating anti-kickback laws in the process. The lawsuit also says that the company’s patients were not told that the kidney fund would stop paying their premiums if they received a kidney transplant.
The kidney fund, which is not listed as a defendant in the lawsuit, is overwhelmingly financed by dialysis companies.
American Renal Associates said on Friday that the lawsuit was without merit and that the company would vigorously defend itself. “At all times, we are dedicated to putting patients first, and we structure all of our relationships within that framework,” Michael R. Costa, vice president and general counsel, said in a statement.
The American Kidney Fund declined to comment on the specifics of the lawsuit, but said it was “deeply troubled” by the allegations of what it described as “improper use” of its program by a dialysis provider.
The company says it keeps contributions from providers separate from decisions about whether to offer assistance to patients, an arrangement that it said was “affirmed” by the federal government in 1997.
In a statement, its chief executive, LaVarne A. Burton, said that the group did not recommend particular facilities or insurers and that nearly two-thirds of the 79,000 patients receiving assistance from the fund were on Medicare. The assistance the fund provides, she said, “is a lifeline for people who depend on dialysis for their survival.”
The suit, filed in United States District Court for the Southern District of Florida, touches on an issue regulators have focused on in recent years: the role of third parties paying for insurance.
Federal and state regulators have expressed concern about payments made by outside groups that are closely tied to industry, where the goal appears to be less about helping patients than about generating profits.
This week, the top insurance regulator in Idaho said insurers could refuse payments from organizations like the American Kidney Fund. Minnesota made a similar decision in June.
“There are third parties out there just trying to help people,” said Dean L. Cameron, director of the Idaho Department of Insurance, citing religious organizations as an example. But the practice becomes problematic when the funding is tied to the doctor or the facility providing care, he said. “Those kinds of arrangements concern us.”
The dialysis industry has come under scrutiny from federal regulators in recent years for a variety of actions, including overbilling Medicare.
Many dialysis centers say they lose money because the government programs pay them so little. People who need dialysis and have end-stage renal disease are eligible for Medicare coverage, even if they are under 65. If they are poor, they may also qualify for Medicaid, which covers nearly all out-of-pocket costs. Patients may be enrolled simultaneously in both programs.
At the same time, UnitedHealthcare has a keen financial interest in keeping very ill patients, like those who need dialysis, out of its private plans. Under the federal health care law, insurers must cover everyone, no matter how sick they are.
Dialysis removes toxins from the blood when the kidneys do not work properly, and many patients need treatments three times a week for years.
According to the lawsuit, American Renal Associates devised a clever plot aimed at converting patients over to private plans.
The company identified poor patients in rural areas of Florida who did not have a nearby dialysis clinic in UnitedHealthcare’s network, the suit says. The centers then persuaded these patients to switch to UnitedHealthcare plans, using the American Kidney Fund’s program to pay their premiums.
Finally, the centers billed UnitedHealthcare out-of-network prices of about $4,000 per dialysis treatment, compared with just $200 under Florida’s Medicaid program, the suit said.
Because the UnitedHealthcare plans required greater out-of-pocket contributions than Medicaid’s coverage, the centers waived any part of the dialysis bill that was not paid by the insurer. UnitedHealthcare says patients remained responsible for bills from other doctors, which they would not have had to pay under Medicaid.
Kidney transplants, rather than dialysis, are seen as the best options for most patients with end-stage renal disease, but the American Kidney Fund does not pay for premiums after patients receive a kidney transplant. Patients were not informed of that.
Ms. Burton, the kidney fund chief executive, said the fund’s work was focused on people who need dialysis and not on transplant patients.
“Our greatest hope is that the people we are assisting will receive transplants, but the reality is that most people with kidney failure have to spend time on dialysis,” she said in the statement.
A fast-growing player in the dialysis industry, American Renal Associates enters into partnerships with kidney specialists to run its clinics. A New York private equity firm, Centerbridge Partners, owned the company before it went public in April.
In its public filings, the company acknowledges its dependence on treatments paid by private insurers. Those payments cover just 13 percent of the treatments the clinics provide, but account for 40 percent of the company’s operating revenue.
This reliance on privately insured patients is typical of the dialysis industry, said Eric R. Havian, who represented a whistle-blower in a 2014 case involving charges of kickbacks against DaVita HealthCare Partners, one of the industry’s biggest players.
Even if only a few people receive private insurance at a center, Mr. Havian said, “they may make enough profit on those two or three patients to wipe out all the losses they are incurring from the Medicaid patients, and make enormous profits on top of that.”
UnitedHealthcare said it had already paid about $2 million to American Renal Associates this year. It provided details about 27 patients in Florida and Ohio, but said there could be more.
Insurers say that charities with ties to providers are a concern when they pay premiums only for people with a specific health condition, because doing so often raises overall prices.
“What we’ve seen happening in the marketplace is some companies have been targeting people who use their services to enroll them in private coverage,” said Alissa Fox, a senior vice president with the Blue Cross Blue Shield Association, a trade group.
The American Kidney Fund’s premium-assistance program is one of the hallmarks of the group’s mission. The group says on its website that it assists one in five dialysis patients in the United States with health care expenses.
The fund has close ties to the dialysis industry: It acknowledges that dialysis companies pay for its premium-assistance program, and in 2015, 78 percent of its $264 million in revenue came from two companies, according to its financial disclosures. The kidney fund declined to name the companies. The organization’s chairwoman is a former executive at DaVita and Fresenius Medical Care, the nation’s two leading dialysis chains.
Those industry ties expose the profit motive that underpins the programs, according to Patrick Burns, executive director of Taxpayers Against Fraud, a whistle-blower advocacy group.
“There is a bottom line here, and the people who manage these programs are well aware of it, on both sides,” he said.
by Vassal G. Thakkar - New York Times
ONE of my patients recently had her request for a relatively common medication for attention-deficit hyperactivity disorder, Vyvanse, denied by her insurance provider. I tried to appeal the decision, but her father — the chief executive of a health care company who purchased insurance for hundreds of employees — had better luck. He called up the head of the insurance company and got the drug approved.
Last year, my 5-year-old fractured her ankle. The bill for the 12-minute orthopedist’s appointment was $1,125, and about half of it was covered by insurance. I wrote the doctor a letter — please revise this bill, as it is clearly erroneous — and included my “M.D.” Instead, the doctor left me a message saying he was waiving the bill entirely as a professional courtesy.
Stories like these reveal an uncomfortable truth. Our health insurance system is so broken that pulling strings — or rank — is sometimes the only way to get the coverage you think you’ve paid for.
Since 2010, when the Affordable Care Act was passed, the major insurance companies have seen their stock prices soar. Though the act expanded coverage to millions, a report last year by the Robert Wood Johnson Foundation revealed that 41 percent of health plans sold on the government exchanges had physician networks described as “small” or “extra-small,” covering less than 25 percent and 10 percent of local doctors, respectively. Individuals may have to change doctors or choose out-of-network services, incurring extra costs.
Wendell Potter, a former Cigna executive turned whistle-blower and a co-author of the recent book “Nation on the Take,” says that “insurance companies profit by introducing hurdles in the coverage and claims process.” These hurdles lead some patients to simply give up and pay or forego treatment altogether. He calls this the companies’ business model.
Feds Charge 300 in Nationwide Health Care Fraud Sweeps
by The Associated Press
WASHINGTON — Health care fraud sweeps across the country have led to charges against 300 people including doctors, nurses, physical therapists and home health care providers accused of bilking Medicare and Medicaid, the government announced Wednesday.
The sweep spread from southern California to southern Florida and Houston to Brooklyn, New York, with arrests being made over three days.
In all, the fraudulent billings allegedly totaled $900 million, Attorney General Loretta Lynch said, calling it the largest national Medicare fraud dragnet.
The defendants billed for care and prescriptions that were not necessary and services that were not rendered, Lynch said.
Continue reading the main story
Among those charged, for example, was a group that controlled a network of clinics in Brooklyn that received $38 million from Medicare and Medicaid after providing patients unnecessary treatment. A Detroit clinic billed Medicare for more than $36 million, even though Lynch said it was actually a front for a narcotics diversion scheme.
Such investigations happen each year, but Lynch said investigators noticed some new trends, including the use of doctors' stolen IDs to prepare fake prescriptions.
Those charged "target real people - many of them in need of significant medical care," Lynch said. "They promise effective cures and therapies, but they provide none."
While the individual cases may be unrelated, law enforcement agencies often coordinate the announcement of health fraud charges and arrests to send a message to fraudsters and the general public alike. Health care fraud costs tens of billions of dollars annually.
How a Quest by Elites Is Driving ‘Brexit’ and Trump
by Neil Irwin - NYT
What lesson should a card-carrying member of the economic elite take from the success of Donald J. Trump, and British voters’ decision to leave the European Union?
Voters in large numbers have been rejecting much of the underlying logic behind a dynamic globalized economy that on paper seems to make the world much richer. For the bankers, trade negotiators, international businesspeople and others who make up the economic elite (including journalists like me who are peripheral members of it), this is cause for introspection, at least among those who aren’t too narcissistic to care what their countrymen think.
Here is an overarching theory of what we might have missed in the march toward a hyper-efficient global economy: Economic efficiency isn’t all it’s cracked up to be.
Efficiency sounds great in theory. What kind of monster doesn’t want to optimize possibilities, minimize waste and make the most of finite resources? But the economic and policy elite may like efficiency a lot more than normal humans do.
Maybe the people who run the world, in other words, have spent decades pursuing goals that don’t scratch the itches of large swaths of humanity. Perhaps the pursuit of ever higher gross domestic product misses a fundamental understanding of what makes most people tick. Against that backdrop, support for Mr. Trump and for the British withdrawal known as Brexit are just imperfect vehicles through which someone can yell, “Stop.”
In a poll of 639 British economists conducted in May, 88 percent expected that a vote to leave the European Union would depress British economic growth, yet 52 percent of voters approved it anyway. Only two of 40 leading economists, surveyed by the University of Chicago Initiative on Global Markets, agreed with the statement that a country can improve citizens’ well-being by increasing its trade surplus or cutting its trade deficit, an idea that is a hallmark of populist rhetoric.
But what if those gaps between the economic elite and the general public are created not by differences in expertise but in priorities?
Consider an experiment published last year in the journal Science. Four economists tested people with a computer simulation in which they could either be greedy and keep tokens that had real cash value, or share them with others. The catch: If they shared them, the total number of tokens would decline. In other words, the more evenly the pie was divided, the less pie there was to go around. There was a trade-off between equality and maximizing income, a version of economic efficiency.
Among the general American public, about half of those who played the game favored equality over efficiency.
But the researchers also did the experiment at Yale Law School, an elite bastion filled with people who become Supreme Court clerks, White House aides and richly compensated lawyers. Among the Yale students who played the game, 80 percent preferred efficiency to equality. They were more worried about the size of the pie, apparently, than making sure everyone got a slice.
“The people who are destined to fill these elite positions tend to have a strong efficiency orientation,” said Raymond Fisman, a Boston University economist and lead author of the study. “One underlying explanation may be that, if the system has been kind to you, and you find yourself at Yale Law School, you know you’re going to make out O.K. in the end, and so you don’t worry about widening the distribution of outcomes.”
You can see versions of this play out in a wide range of areas. For example, economists almost uniformly argue that rent control laws are a terrible tool to try to make housing more affordable. As Paul Krugman once wrote, “the analysis of rent control is among the best-understood issues in all of economics, and — among economists, anyway — one of the least controversial.”
Yet among people grappling with soaring rents, the policies are persistently popular — even, recently, in the free-market-oriented boomtowns of Silicon Valley.
It’s easy for an economist to chalk up support for rent control as idiocy that depresses the home construction that might reduce housing prices for everyone. I have thought of it that way.
But maybe it is really important for people who live in a place to be able to stay there indefinitely. Maybe the idea that things should stay the way they are, without new people moving in and new buildings going up, is not as inherently irrational as Economics 101 would suggest. Yes, rent control is a bad idea if you’re worried about the long-term prospects for economic efficiency. But maybe the people who advocate these policies know exactly what they’re rooting for, and that’s not it.
The rent control debate can be viewed as a microcosm of the debate about globalization and international trade.
Some of the best analysis of trade agreements comes from the Peterson Institute for International Economics. Its examination of the pending Trans-Pacific Partnership is 119 pages and describes how the deal among the United States and 11 Pacific Rim nations will affect different industries and the economy as a whole.
It projects that the deal will add $131 billion a year to Americans’ incomes by 2030, or 0.5 percent of G.D.P. It will neither create nor destroy jobs, but is projected to add to churn — job changes — in the economy as work moves into higher-paying, more export-centric industries. The authors predict that the trade deal will mean an extra 53,700 job changes a year, but they note that 55.5 million people a year in the United States change jobs for all sorts of reasons, and that this extra churn will barely change those overall numbers.
But for a window into how this plays out among real people, consider an article in The Wall Street Journal in February. In that account, a woman named Andrea Howell holds down a good job at BMW’s manufacturing plant in South Carolina, making her one of globalization’s winners. She supports Mr. Trump, she said, because she doesn’t want other countries to beat the United States at trade, and because two uncles lost their jobs at a cotton mill that closed in the 1980s, presumably because of globalization.
To economists, 53,700 jobs churned each year is a small cost to be paid for a richer overall economy. To people who are among those 53,700, the pain may be enough to drive someone’s niece to vote for an antitrade candidate 30 years later.
So what’s a policy elite to do? Of course the only way a society can become richer over time is to increase national income. And if rigorous analysis shows that Policy X is the way to do it, the fact that Policy X is going to disadvantage a few thousand people often isn’t a reason to abandon the idea.
But there’s an obligation to think about individual lives. Life isn’t just about money, and jobs aren’t just about income. A sense of stability, of purpose, of social standing — all these things matter in ways that economic models don’t do a very good job of taking into account.
If there is one crucial lesson from the success of Mr. Trump and Brexit, it is that dynamism and efficiency sound a lot better to people who are confident they’ll always end up being winners.
When the Cost of a Medical Emergency Adds Up
To the Editor:
“When You Dial 911 and Wall St. Answers” (“Bottom Line Nation” series, front page, June 26), about the trend of emergency medical services being contracted out to private companies, highlights impediments to medical consumers’ access to quality services. The financial effect on consumers can be devastating.
While the Affordable Care Act provides some financial protections for emergency services, it failed to ban “balance billing” by providers for amounts above what an insurer pays. In most states, there is no restriction on the amount an ambulance company can bill patients for emergency charges that exceed an insurer’s in-network rate.
For air ambulances, the patient’s cost could easily be $30,000 or even $100,000.
Since 2000, the medical helicopter industry has shifted from government or nonprofit operators to predominantly for-profit entities, imposing more costs on consumers. While states can regulate cost-sharing for regular ambulances, the Airline Deregulation Act nonsensically bars them from limiting the cost of emergency air services.
Efforts to amend this law have stalled, but this is a consumer crisis Congress must address.
BETSY IMHOLZ
Continue reading the main story
Special Projects Director
Consumers Union
San Francisco
To the Editor:
As a physician for more than 60 years, I found this article a nightmare. Though health care has business aspects, it is unique in that, by its nature, it cannot function as a usual business model.
The bottom line can never be profit because the “product” is human experience. Cost-cutting when dealing with someone’s heart attack or house fire requires a lack of caring about someone else’s pain and suffering, which the cost-cutters would not like for themselves.
The private equity companies, which treat this subject as a business model, don’t seem to realize that they are making the case for a socialistic system that would take proper care of everyone.
BENJAMIN D. GORDON
Rockville, Md.
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