Many Preventive Medical Services Cost Patients Nothing. Will a Texas Court Decision Change That?BY JULIE APPLEBYE - KAISER HEALTH NEWS - SEPTEMBER 18, 2022A federal judge’s ruling in Texas has thrown into question whether
millions of insured Americans will continue to receive some preventive
medical services, such as cancer screenings and drugs that protect
people from HIV infection, without making a copayment.
It’s the latest legal battle over the Affordable Care Act, and Wednesday’s ruling is almost certain to be appealed.
A key part of the ruling by
Judge Reed O’Connor of the US District Court for the Northern District
of Texas says 1 way that preventive services are selected for the
no-cost coverage is unconstitutional. Another portion of his ruling says
a requirement that an HIV
prevention drug therapy be covered without any cost to patients
violates the religious freedom of an employer who is a plaintiff in the
case.
Today’s top picks on the Haymarket Medical Network
It is not yet clear what all this means for insured patients. A lot depends on what happens next.
O’Connor is likely familiar to people who have followed the legal
battles over the ACA, which became law in 2010. In 2018, he ruled that
the entire ACA was unconstitutional. For this latest case, he has asked
both sides to outline their positions on what should come next in
filings due September 16.
After that, the judge may make clear how broadly he will apply the
ruling. O’Connor, whose 2018 ruling was later reversed by the US Supreme
Court, has some choices. He could say the decision affects only the
conservative plaintiffs who filed the lawsuit, expand it to all Texans,
or expand it to every insured person in the US He also might temporarily
block the decision while any appeals, which are expected, are
considered.
“It’s quite significant if his ruling stands,” said Katie Keith, JD,
director of the Health Policy and the Law Initiative at the O’Neill
Institute for National and Global Health Law at the Georgetown
University Law Center.
We asked experts to weigh in on some questions about what the ruling might mean.
What does the ACA require on preventive care?
Under a provision of the ACA that went into effect in late 2010, many services considered preventive are covered without a copayment or deductible from the patient.
A recent estimate from
the US Department of Health and Human Services found that more than 150
million people with insurance had access to such free care in 2020.
The federal government currently lists 22 broad categories of coverage for adults, an additional 27 for women, and 29 for children.
To get on those lists, vaccines, screening tests, drugs, and services
must have been recommended by 1 of 3 groups of medical experts. But the
ruling in the Texas case centers on recommendations from only 1 group:
the US Preventive Services Task Force, a nongovernmental advisory panel whose volunteer experts weigh the pros and cons of screening tests and preventive treatments.
Procedures that get an “A” or “B” recommendation from
the task force must be covered without cost to the insured patient and
include a variety of cancer screenings, such as colonoscopies and
mammograms; cholesterol drugs for some patients; and screenings for
diabetes, depression, and sexually transmitted diseases.
Why didn’t the ACA simply spell out what should be covered for free?
“As a policymaker, you do not want to set forth lists in statutes,”
said Christopher Condeluci, a health policy attorney who served as tax
and benefits counsel to the US Senate Finance Committee during the
drafting of the ACA. One reason, he said, is that if Congress wrote its
own lists, lawmakers would be “getting lobbied in every single
forthcoming year by groups wanting to get on that list.”
Putting it in an independent body theoretically insulated such
decisions from political influence and lobbying, he and other experts
said.
What did the judge say?
It’s complicated, but the judge basically said that using the task
force recommendations to compel insurers or employers to offer the free
services violates the Constitution.
O’Connor wrote that members of the task force, which is convened by a
federal health agency, are actually “officers of the United States” and
should therefore be appointed by the president and confirmed by the
Senate.
The decision does not affect recommendations made by the other 2 groups of medical experts: the Advisory Committee on Immunization Practices,
which makes recommendations to the Centers for Disease Control and
Prevention on vaccinations, and the Health Resources and Services
Administration, a part of the Department of Health and Human Services
that has set free coverage rules for services aimed mainly at infants,
children, and women, including birth control directives.
Many of the task force’s recommendations are noncontroversial, but a
few have elicited an outcry from some employers, including the
plaintiffs in the lawsuit. They argue they should not be forced to pay
for services or treatment they disagree with, such as HIV prevention
drugs.
Part of O’Connor’s ruling addressed that issue separately, agreeing
with the position taken by plaintiff Braidwood Management, a Christian,
for-profit corporation owned by Steven Hotze, a conservative activist
who has brought other challenges to the ACA and to coronavirus mask mandates. Hotze challenged the requirement to provide free coverage of preexposure prophylaxis
(PrEP) drugs that prevent HIV. He said it runs afoul of his religious
beliefs, including making him “complicit in facilitating homosexual
behavior, drug use, and sexual activity outside of marriage between 1
man and 1 woman,” according to the ruling.
O’Connor said forcing Braidwood to provide such free care in its
insurance plan, which it funds itself, violates the federal Religious
Freedom Restoration Act.
What about no-copay contraceptives, vaccines, and other
items that are covered under recommendations from other groups not
targeted by the judge’s ruling?
The judge said recommendations or requirements from the other 2
groups do not violate the Constitution, but he asked both parties to
discuss the ACA’s contraceptive mandate in their upcoming filings.
Currently, the law requires most forms of birth control to be offered to
enrollees without a copayment or deductible, although courts have
carved out exceptions for religious-based employers and “closely held
businesses” whose owners have strong religious objections.
The case is likely to be appealed to the fifth US Circuit Court of Appeals.
“We will have a conservative court looking at that,” said Sabrina Corlette, JD,
co-director of Georgetown University’s Center on Health Insurance
Reforms. “So I would not say that the vaccines and the women’s health
items are totally safe.”
Does this mean my mammogram or HIV treatment won’t be covered without a copayment anymore?
Experts say the decision probably won’t have an immediate effect,
partly because appeals are likely and they could continue for months or
even years.
Still, if the ruling is upheld by an appellate court or not put on
hold while being appealed, “the question for insurers and employers will
come up on whether they should make changes for 2023,” said Keith.
Widespread changes next year are unlikely, however, because many
insurers and employers have already drawn up their coverage rules and
set their rates. And many employers, who backed the idea of allowing the
task force to make the recommendations when the ACA was being drafted,
might not make substantial changes even if the ruling is upheld on
appeal.
“I just don’t see employers for most part really imposing copays for stuff they believe is actually preventive in nature,” said James Gelfand, JD, president of the ERISA Industry Committee, which represents large, self-insured employers.
For the most part, Gelfand said, employers are in broad agreement on
the preventive services, although he noted that covering every type or
brand of contraceptive without a patient copayment is controversial and
that some employers have cited religious objections to covering some
services, including the HIV preventive medications.
Religious objections aside, future decisions may have financial
consequences. As insurers or employers look for ways to hold down costs,
they might reinstitute copayments or deductibles for some of the more
expensive preventive services, such as colonoscopies or HIV drugs.
“With some of the higher-ticket items, we could see some plans start cost sharing,” said Corlette. https://www.clinicaladvisor.com/home/topics/practice-management-information-center/many-preventive-medical-services-cost-patients-nothing-will-a-texas-court-decision-change-that/ Maine sees largest decline of any state in uninsured rate, but trails New England states overall by Patty Wight - Maine Public - September 19, 2022
New data from the U.S. Census
Bureau show that from 2019 to 2021, Maine experienced the largest
decline in the uninsured rate in the U.S. In 2019, 8% of Mainers
were uninsured. By 2021, that number dipped to 5.7%. That's a drop of
more than two percentage points, and was the largest decline of any
state. According to the Mills administration, the lower number of
uninsured Mainers has also translated into an $84 million decrease in
uncompensated care for hospitals. Despite those achievements, an
estimated 76,000 Mainers didn't have health insurance last year. And the
state's uninsured rate was the highest in New England. Massachusetts
had the lowest nationwide, at 2.5%, followed by Vermont, at 3.7%. https://www.mainepublic.org/health/2022-09-19/maine-sees-largest-decline-of-any-state-in-uninsured-rate-but-trails-new-england-states-overall They Were Entitled to Free Care. Hospitals Hounded Them to Pay.by Jessica Silver-Greenbeerg and Katie Thomas - NYT - September 24, 2022
In 2018, senior executives at one of the country’s largest
nonprofit hospital chains, Providence, were frustrated. They were
spending hundreds of millions of dollars providing free health care to
patients. It was eating into their bottom line. The executives, led by Providence’s chief financial officer at the time, devised a solution: a program called Rev-Up. Rev-Up
provided Providence’s employees with a detailed playbook for wringing
money out of patients — even those who were supposed to receive free
care because of their low incomes, a New York Times investigation found. In
training materials obtained by The Times, members of the hospital staff
were instructed how to approach patients and pressure them to pay. “Ask every patient, every time,” the materials said. Instead of using “weak” phrases — like “Would you mind paying?” — employees were told to ask how patients wanted to pay. Soliciting money “is part of your role. It’s not an option.” If patients did not pay, Providence sent debt collectors to pursue them. More than half the nation’s roughly 5,000 hospitals are nonprofits
like Providence. They enjoy lucrative tax exemptions; Providence avoids
more than $1 billion a year in taxes. In exchange, the Internal Revenue
Service requires them to provide services, such as free care for the
poor, that benefit the communities in which they operate. But in
recent decades, many of the hospitals have become virtually
indistinguishable from for-profit companies, adopting an unrelenting
focus on the bottom line and straying from their traditional charitable
missions. To understand the shift, The Times reviewed thousands of
pages of court records, internal hospital financial records and memos,
tax filings, and complaints filed with regulators, and interviewed
dozens of patients, lawyers, current and former hospital executives,
doctors, nurses and consultants. The Times found that
the consequences have been stark. Many nonprofit hospitals were ill
equipped for a flood of critically sick Covid-19 patients because they
had been operating with skeleton staffs in an effort to cut costs and
boost profits. Others lacked intensive care units and other resources to
weather a pandemic because the nonprofit chains that owned them had
focused on investments in rich communities at the expense of poorer
ones. And, as Providence illustrates, some hospital
systems have not only reduced their emphasis on providing free care to
the poor but also developed elaborate systems to convert needy patients
into sources of revenue. The result, in the case of Providence, is that
thousands of poor patients were saddled with debts that they never
should have owed, The Times found. Founded by nuns in the 1850s,
Providence says its mission is to be “steadfast in serving all,
especially those who are poor and vulnerable.” Today, based in Renton,
Wash., Providence is one of the largest nonprofit health systems in the
country, with 51 hospitals and more than 900 clinics. Its revenue last
year exceeded $27 billion. Providence is sitting on $10 billion
that it invests, Wall Street-style, alongside top private equity firms.
It even runs its own venture capital fund. In 2018, before the
Rev-Up program kicked in, Providence spent 1.24 percent of its expenses
on charity care, a standard way of measuring how much free care
hospitals provide. That was below the average of 2 percent for nonprofit hospitals nationwide, according to an analysis of hospital financial records by Ge Bai, a professor at the Johns Hopkins Bloomberg School of Public Health. By last year, Providence’s spending on charity care had fallen below 1 percent of its expenses. The
Affordable Care Act requires nonprofit hospitals to make their
financial assistance policies public, such as by posting them in
hospital waiting rooms. But the federal law does not dictate who is
eligible for free care. Ten states, however, have adopted their own laws
that specify which patients, based on their income and family size,
qualify for free or discounted care. Among them is Washington, where
Providence is based. All hospitals in the state must provide free care
for anyone who makes under 300 percent of the federal poverty level. For
a family of four, that threshold is $83,250 a year. In February, Bob Ferguson, the state’s attorney general, accused
Providence of violating state law, in part by using debt collectors to
pursue more than 55,000 patient accounts. The suit alleged that
Providence wrongly claimed those patients owed a total of more than $73
million. Providence, which is fighting the lawsuit, has said it
will stop using debt collectors to pursue money from low-income patients
who should qualify for free care in Washington. But The Times
found that the problems extend beyond Washington. In interviews,
patients in California and Oregon who qualified for free care said they
had been charged thousands of dollars and then harassed by collection
agents. Many saw their credit scores ruined. Others had to cut back on
groceries to pay what Providence claimed they owed. In both states,
nonprofit hospitals are required by law to provide low-income patients
with free or discounted care. “I felt a little betrayed,” said Bev
Kolpin, 57, who had worked as a sonogram technician at a Providence
hospital in Oregon. Then she went on unpaid leave to have surgery to
remove a cyst. The hospital billed her $8,000 even though she was
eligible for discounted care, she said. “I had worked for them and given
them so much, and they didn’t give me anything.” (The hospital forgave
her debt only after a lawyer contacted Providence on Ms. Kolpin’s
behalf.) Gregory Hoffman, Providence’s chief financial officer,
said in an interview that The Times’s findings about the hospital
system’s treatment of poor patients “are very concerning and have our
attention.” He said Providence wanted “to get things right, on behalf of
our communities and on behalf of our patients,” though he acknowledged
that the Rev-Up program initially had “some hiccups,” including sending
Medicaid patients to debt collectors. Daily business updates The latest coverage of business, markets and the economy, sent by email each weekday. Melissa
Tizon, a spokeswoman for Providence, said the health system stopped
doing that in December, although that was two years after an executive
raised internal alarms about the practice. Providence has also
instructed the debt collection firms it works with to not use “any
aggressive tactics such as garnishing wages or reporting delinquent
accounts to credit agencies,” she said. Ms. Tizon said
Providence was the largest provider of charity care in Washington. While
the hospital system has been providing less of that care in recent
years, she said, Providence has been treating more patients on Medicaid,
the federal-state insurance program for poor people. “Our practices comply with and in many instances exceed state requirements,” she said. Paying With PoultryProvidence was founded in 1856 when, at the request of a local
bishop, Mother Joseph and four other nuns from the Sisters of Providence
trekked from Montreal to Vancouver, Wash., to provide services to the
poor. Their first hospital, St. Joseph, was a single room with four beds. The hospital charged patients $1 a day, not including extras like whiskey. Patients rarely paid in cash, sometimes offering chickens, ducks and blankets in exchange for care. At
the time, hospitals in the United States were set up to do what
Providence did — provide inexpensive care to the poor. Wealthier people
usually hired doctors to treat them at home. Given their work serving the indigent, hospitals were exempted from state and federal taxes. That
system remained relatively unchanged until the federal government
created Medicare and Medicaid in the 1960s. Millions more people
suddenly had insurance that covered medical expenses. The I.R.S.
began allowing hospitals to justify their tax exemptions by providing a
broader range of loosely defined benefits to their communities beyond
treating patients for free. Some hospitals took advantage of the new
leeway, arguing that things like employees’ salaries counted toward the
I.R.S. requirement. Top government officials warned that hospitals were abusing their privileged status as nonprofits. “Some
tax-exempt health care providers may not differ markedly from
for-profit providers in their operations, their attention to the benefit
of the community or their levels of charity care,” the I.R.S.
commissioner Mark W. Everson wrote to the Senate in 2005. Some
hospital executives have embraced the comparison to for-profit
companies. Dr. Rod Hochman, Providence’s chief executive, told an industry publication in 2021 that “‘nonprofit health care’ is a misnomer.” “It is tax-exempt health care,” he said. “It still makes profits.” Those
profits, he added, support the hospital’s mission. “Every dollar we
make is going to go right back into Seattle, Portland, Los Angeles,
Alaska and Montana.” Since Dr. Hochman took over in 2013,
Providence has become a financial powerhouse. Last year, it earned $1.2
billion in profits through investments. (So far this year, Providence
has lost money.) Providence also owes some of its wealth to its
nonprofit status. In 2019, the latest year available, Providence
received roughly $1.2 billion in federal, state and local tax breaks,
according to the Lown Institute, a think tank that studies health care. The
greater the hospital system’s profits, the more money it could pump
into expanding. In addition, the greater its cash reserves, the stronger
its credit rating. A pristine rating allowed Providence to
inexpensively borrow money, which it could then funnel into further
growth. Over the past decade, Providence has opened or acquired 18 hospitals. Dr. Hochman earned $10 million in 2020. ‘Don’t Accept the First No’Even before the Rev-Up program, Providence was collecting money
from poor patients, sometimes in violation of state laws, according to
five current and former executives and a review of patient complaints
filed with regulators. Harriet Haffner-Ratliffe, 20, gave birth to
twins at a Providence hospital in Olympia, Wash., in 2017. She was
eligible under state law for charity care. Providence did not inform her. Instead it billed her almost $2,300. The hospital put her on a roughly $100-a-month payment plan. It
was more than Ms. Haffner-Ratliffe, who was unemployed, could afford.
She had to ration gas for her car. One day, her boyfriend walked into
their apartment and found her surrounded by bills, crying. When she fell
behind on the payments, Providence dispatched a debt collector to
pursue her. For people already on the financial brink, debt
collection companies can push them over the edge. The companies often
inform credit-rating firms about patients’ debts, which can torpedo
their credit scores. That, in turn, can make it much harder and more
expensive to buy or rent a car or home or to borrow money. Ms.
Haffner-Ratliffe’s ordeal chopped her credit score by about 200 points.
For years, she couldn’t get a credit card. (Ms. Tizon, the Providence
spokeswoman, said that the hospital had told Ms. Haffner-Ratliffe about
how to seek financial aid but that she had not completed her
application. Ms. Haffner-Ratliffe and her parents dispute that.) Around
that time, in 2018, Providence was looking for ways to save money. It
had recently merged with another nonprofit hospital system, and
integrating the two was expensive. Providence turned to
the consulting firm McKinsey & Company. The firm’s assignment was
to maximize the money that Providence collected from its patients, the
five current and former executives said. In essence, the hospital system
wanted to apply the tactics it had used with Ms. Haffner-Ratliffe to
even more patients. McKinsey’s solution was Rev-Up, whose name was an apparent reference to the goal of accelerating revenue growth. Training
materials instructed administrative staff to tell patients — no matter
how poor — that “payment is expected,” according to documents included
in Washington’s lawsuit and training materials obtained by The Times.
Six current and former hospital employees said in interviews that they
had been told not to mention the financial aid that states like
Washington required Providence to provide. One training document,
titled “Don’t accept the first No,” led staff through a series of
questions to ask patients. The first was “How would you like to pay that
today?” If that did not work, employees were told to ask for half the
balance. Failing that, staff could offer to set up a payment plan. Only
as a last resort, the documents explained, should workers tell patients
that they may be eligible for financial assistance. Another
training document explained what to do if patients expressed surprise
that a charitable hospital was pressuring them to pay. The suggested
response: “We are a nonprofit. However, we want to inform our patients
of their balances as soon as possible and help the hospital invest in
patient care by reducing billing costs.” Staff members were then instructed to shift the conversation to “how would you like to take care of this today?” Exhorting employees to do their jobs well, some versions of the training materials invoked a famous line from a speech
by the Rev. Dr. Martin Luther King Jr.: “If it falls your lot to be a
street sweeper, sweep streets like Michelangelo painted pictures.” Ms.
Tizon, the spokeswoman for Providence, said the intent of Rev-Up was
“not to target or pressure those in financial distress.” Instead, she
said, “it aimed to provide patients with greater pricing transparency.” “We
recognize the tone of the training materials developed by McKinsey was
not consistent with our values,” she said, adding that Providence
modified the materials “to ensure we are communicating with each patient
with compassion and respect.” But employees who were responsible
for collecting money from patients said the aggressive tactics went
beyond the scripts provided by McKinsey. In some Providence collection
departments, wall-mounted charts shaped like oversize thermometers
tracked employees’ progress toward hitting their monthly collection
goals, the current and former Providence employees said. On
Halloween at one of Providence’s hospitals, an employee dressed up as a
wrestler named Rev-Up Ricky, according to the Washington lawsuit.
Another costume featured a giant cardboard dollar sign with “How”
printed on top of it, referring to the way the staff was supposed to ask
patients how, not whether, they would pay. Ms. Tizon said such costumes
were “not the culture we strive for.” The Rev-Up program alarmed some Providence employees. “It
was awful working for this rich system and not being able to help
people who were just crying in front of me,” said Stephanie Shufelt, who
worked in patient registration at a Providence hospital in Portland,
Ore., until February 2021. Taylor Davison, who worked in the
emergency department of a Providence hospital in Santa Rosa, Calif.,
until last year, said Providence’s tactics had struck her as predatory.
She was told to approach patients as soon as doctors had finished
examining them. She would crouch at their bedside and ask for money. She
was required to document in the patients’ charts that she had
repeatedly pushed for payments. Employees were urged to
collect any amount, no matter how small, she said. Some patients
offered as little as $2, which she accepted. “Here are people coming in at the worst moment of their lives, and I’m asking them to empty their wallets,” Ms. Davison said. Providence paid McKinsey at least $45 million in 2019 for its assistance, tax filings show. Warning About Harm to PatientsWhen
patients left a hospital without paying, Providence sent them at least
three bills. If they still did not pay, they would receive one last
warning. “This is your final opportunity to pay your account,” one
such letter said. Otherwise, it went on, Providence would enlist “a
third-party agency that may adversely affect your credit rating.” Under
Washington’s law, Providence was supposed to screen patients at the
hospital to assess whether they qualified for free or discounted care.
But Providence often checked patients’ income only after months of
hounding them had failed, according to depositions included in the
Washington lawsuit and internal memos that a former Providence executive
shared with The Times. At that point, Providence ran accounts
through a screening tool provided by Experian, a credit reporting
company, to determine whether accounts were eligible for free care. But
despite Rev-Up, the amount of free care that Providence was providing
was “spiking,” an executive later explained in an email to colleagues.
So in 2019, Providence’s chief financial officer at the time, Venkat
Bhamidipati, and other executives made a change, according to the five
current and former Providence executives and depositions included in
Washington’s lawsuit. Previously, when treating
patients who were on Medicaid, Providence eventually waived any
outstanding portion of their bill. In 2019, Providence stopped doing
that. Medicaid patients were sent to debt collectors instead. That
appeared to violate laws in Washington, Oregon and California that
required nonprofit hospitals to provide free care to patients earning
below certain thresholds, according to regulators. Some Providence executives warned that the changes were harming patients. “I
just want it made clear to our leadership that patients that would
normally have been eligible for charity care are going to bad debt,”
Lesa Wood, a director of financial counseling and assistance, emailed
colleagues in late 2019. In 2020, a Providence executive wrote to
co-workers to report that the system’s charity care spending was down
“across all markets.” Skimping on GroceriesIn November 2020, Paulo Aguirre went to a Providence hospital in
Orange County, Calif., with a splitting headache, blurred vision and
nausea. Doctors gave him a shot that made the pain “go right away,” he
said. Mr. Aguirre earned minimum wage working at a dental office
and was on California’s version of Medicaid, known as Medi-Cal. Under
California law and Providence’s financial assistance policy, his low income qualified him for free care. In
early 2021, Mr. Aguirre said, he received a bill from Providence for
$4,394.45. He told Providence that he could not afford to pay. Providence
sent his account to Harris & Harris, a debt collection company. Mr.
Aguirre said that Harris & Harris employees had called him
repeatedly for weeks and that the ordeal made him wary of going to
Providence again. “I try my best not to go to their emergency room
even though my daughters have gotten sick, and I got sick,” Mr. Aguirre
said, noting that one of his daughters needed a biopsy and that he had
trouble breathing when he had Covid. “I have this big fear in me.” That
is the outcome that hospitals like Providence may be hoping for, said
Dean A. Zerbe, who investigated nonprofit hospitals when he worked for
the Senate Finance Committee under Senator Charles E. Grassley,
Republican of Iowa. “They just want to make sure that they never
come back to that hospital and they tell all their friends never to go
back to that hospital,” Mr. Zerbe said. Last October, an ambulance
rushed Alexandra Nyfors to the Providence hospital in Everett, Wash. A
diabetic, she was severely dehydrated, and her kidneys were failing.
Providence put her on intravenous medications to treat an underlying
infection. She spent about two weeks in the hospital. Ms. Nyfors,
66, is covered by Medicare, and her only income is about $1,700 a month
in federal disability payments. Under Providence’s policies and state
law, she was eligible for free care because of her low income. But
Providence billed her $1,950 — the amount left over after Medicare
covered its share. The remaining sum was daunting. It was getting
colder, and Ms. Nyfors knew her heating bill would gobble up much of her
monthly check. But when she went on the hospital’s website, she said,
there were only two choices: Pay in full or set up a payment plan. Ms.
Nyfors agreed to have $162.50 automatically withdrawn from her bank
account each month until the bill was settled. She started buying fewer
groceries, she said. She went without heat. She split her medication in
two to make it last longer. She had no idea she qualified for free care until she read about Washington’s lawsuit. After Ms. Nyfors was interviewed by The Everett Daily Herald, Providence forgave her bill and refunded the payments she had made. In
June, she got another letter from Providence. This one asked her to
donate money to the hospital: “No gift is too small to make a meaningful
impact.” Following a Script ‘Like Robots’In
2019, Vanessa Weller, a single mother who is a manager at a Wendy’s
restaurant in Anchorage, went to Providence Alaska Medical Center, the
state’s largest hospital. She was 24 weeks pregnant and experiencing severe abdominal pains. “Let this just be cramps,” she recalled telling herself. Ms.
Weller was in labor. She gave birth via cesarean section to a boy who
weighed barely a pound. She named him Isaiah. As she was lying in bed,
pain radiating across her abdomen, she said, a hospital employee asked
how she would like to pay. She replied that she had applied for
Medicaid, which she hoped would cover the bill. After five days in the hospital, Isaiah died. Then Ms. Weller got caught up in Providence’s new, revenue-boosting policies. The
phone calls began about a month after she left the hospital. Ms. Weller
remembers panicking when Providence employees told her what she owed:
$125,000, or about four times her annual salary. She said she had
repeatedly told Providence that she was already stretched thin as a
single mother with a toddler. Providence’s representatives asked if she
could pay half the amount. On later calls, she said, she was offered a
payment plan. “It was like they were following some script,” she said. “Like robots.” Later
that year, a Providence executive questioned why Ms. Weller had a
balance, given her low income, according to emails disclosed in
Washington’s litigation with Providence. A colleague replied that her
debts previously would have been forgiven but that Providence’s new
policy meant that “balances after Medicaid are being excluded from
presumptive charity process.” Ms. Weller said she had to change
her phone number to make the calls stop. Her credit score plummeted from
a decent 650 to a lousy 400. She has not paid any of her bill. Susan C. Beachy and Beena Raghavendran contributed research. https://www.nytimes.com/2022/09/24/business/nonprofit-hospitals-poor-patients.html How a Hospital Chain Used a Poor Neighborhood to Turn Huge Profits
Katie Thomas, Jessica Silver-Greenberg - NYT - September 24, 2022
RICHMOND, Va. — In late July, Norman Otey was rushed by
ambulance to Richmond Community Hospital. The 63-year-old was doubled
over in pain and babbling incoherently. Blood tests suggested septic
shock, a grave emergency that required the resources and expertise of an
intensive care unit. But Richmond Community, a struggling hospital in a predominantly Black neighborhood, had closed its I.C.U. in 2017. It
took several hours for Mr. Otey to be transported to another hospital,
according to his sister, Linda Jones-Smith. He deteriorated on the way
there, and later died of sepsis. Two people who cared for Mr. Otey said
the delay had most likely contributed to his death. “He
should have been able to go to the hospital and get the treatment he
needed,” Ms. Jones-Smith said. “He should have been saved.” Ringed
by public housing projects, Richmond Community consists of little more
than a strapped emergency room and a psychiatric ward. It does not have
kidney or lung specialists, or a maternity ward. Its magnetic resonance
imaging machine frequently breaks, and was out of service for seven
weeks this summer, said two medical workers at the hospital, who
requested anonymity because they still work there. Standard tools like
an otoscope, a device used to inspect the ear canal, are often hard to
come by. Yet the hollowed-out hospital — owned by Bon Secours
Mercy Health, one of the largest nonprofit health care chains in the
country — has the highest profit margins of any hospital in Virginia,
generating as much as $100 million a year, according to the hospital’s financial data. The secret to its success lies with a federal program that
allows clinics in impoverished neighborhoods to buy prescription drugs
at steep discounts, charge insurers full price and pocket the
difference. The vast majority of Richmond Community’s profits come from
the program, said two former executives who were familiar with the
hospital’s finances and requested anonymity because they still work in
the health care industry. The drug program was created
with the intention that hospitals would reinvest the windfalls into
their facilities, improving care for poor patients. But Bon Secours,
founded by Roman Catholic nuns more than a century ago, has been
slashing services at Richmond Community while investing in the city’s
wealthier, white neighborhoods, according to more than 20 former
executives, doctors and nurses. “Bon Secours was
basically laundering money through this poor hospital to its wealthy
outposts,” said Dr. Lucas English, who worked in Richmond Community’s
emergency department until 2018. “It was all about profits.” More than half of all hospitals
in the United States are set up as nonprofits, a designation that
allows them to make money but avoid paying taxes. Although Bon Secours
has taken a financial hit this year like many other hospital systems,
the chain made nearly $1 billion in profit last year at its 50 hospitals
in the United States and Ireland and was sitting on more than $9
billion in cash reserves. It avoids at least $440 million in federal,
state and local taxes every year that it would otherwise have to pay,
according to an analysis by the Lown Institute, a nonpartisan think
tank. In exchange for the tax breaks, the Internal Revenue Service
requires nonprofit hospitals to provide a benefit to their communities.
But an investigation by The New York Times found that many of the
country’s largest nonprofit hospital systems have drifted far from their
charitable roots. The hospitals operate like for-profit companies,
fixating on revenue targets and expansions into affluent suburbs. Many of these hospitals have for years slashed staffing levels,
leaving them unprepared for a flood of severely ill Covid-19 patients.
Others, borrowing tricks from business consultants, have trained staff to squeeze payments from poor patients who should be eligible for free care. In
a statement, a spokeswoman for Bon Secours Mercy Health said the
hospital system had spent nearly $10 million on improvements to Richmond
Community Hospital since 2013, including opening a pharmacy and
renovating the cafeteria, emergency department and other areas. The
chain also invested nearly $9 million since 2018 in the neighborhood
surrounding the hospital, she said. Bon Secours’s chief executive, John M. Starcher Jr., made about $6 million in 2020, according to the most recent tax filings. “Our
mission is clear — to extend the compassionate ministry of Jesus by
improving the health and well-being of our communities and bring good
help to those in need, especially people who are poor, dying and
underserved,” the spokeswoman, Maureen Richmond, said. Bon Secours did
not comment on Mr. Otey’s case. In interviews, doctors, nurses and
former executives said the hospital had been given short shrift, and
pointed to a decade-old development deal with the city of Richmond as
another example. In 2012, the city agreed to lease land to Bon
Secours at far below market value on the condition that the chain expand
Richmond Community’s facilities. Instead, Bon Secours focused on
building a luxury apartment and office complex. The hospital system
waited a decade to build the promised medical offices next to Richmond Community, breaking ground only this year. ‘Glorified Emergency Room’For Dr. Richard Jackson, 69, an internal medicine specialist
whose family has been caring for patients in this city for more than a
century, walking the mostly empty halls of Richmond Community Hospital
is a painful reminder of what has been lost. The hospital was founded in 1907
by Black doctors who were not allowed to work at the white hospitals
across town. In the 1930s, Dr. Jackson’s grandfather, Dr. Isaiah
Jackson, mortgaged his house to help pay for an expansion of the
hospital. His father, also a doctor, would take his children to the
hospital’s fund-raising telethons. In 1980, Richmond
Community moved to its current site in the East End neighborhood, where
there was no other hospital. The modest building did not have an
emergency room or a maternity ward. But in addition to the intensive
care unit, it had specialists in cancer as well as heart and lung
disease. Dr. Jackson recruited many of them from Howard University,
where he had attended medical school. But in the 1990s, the
changing health care industry threatened the hospital’s survival. Large
insurance companies began requiring customers to use specific networks
of hospitals and doctors, in a bid to pressure providers to lower their
rates. Independent institutions like Community — as it is known in the
neighborhood — could not compete with larger chains, and the hospital
struggled to attract patients. The doctors, who owned the hospital as part of a for-profit partnership, sold it to Bon Secours in 1995. Bon
Secours was one of the dominant players in Richmond, with major medical
centers throughout the city. It initially invested in the hospital,
opening the emergency department, according to a history of Richmond
Community by Cassandra Newby-Alexander at Norfolk State University. But as the years passed, Bon Secours began stripping the
hospital’s services, including the I.C.U. The unit had only five beds,
but doctors regarded it as the heart of the hospital, the place to
provide critical care for the sickest patients and those recovering from
major surgery. Removing the I.C.U. “really takes the
meat and potatoes out of being a hospital,” Dr. Jackson said. “It’s a
glorified emergency room.” With the I.C.U. closed, the
hospital’s two lung specialists had nowhere to treat critically ill
patients. They retired, and Bon Secours did not replace them. A team of
cardiologists left a few years later. Other specialists, including
gastrointestinal doctors and neurologists who were part of Bon Secours’s
broader network, rarely treated patients at Richmond Community. Doctors
and nurses said that when they had protested the closure of the I.C.U.
and other cuts, Bon Secours argued that patients could still receive
care at the chain’s other hospitals. But that promise was
undermined by the arrival of the coronavirus, which disproportionately
affected Black and low-income residents in the East End. In the census
tract that includes Richmond Community Hospital, the Covid death rate
has been 81 percent higher than the city’s overall rate, according to
data provided by the Virginia Department of Health. In the summer
of 2021, as the Delta variant surged through the city, a woman in the
emergency room with Covid declined and needed an I.C.U. with a
ventilator, according to three people involved in her case. For
hours, the staff couldn’t get her to another hospital. Eventually, she
was transferred to Memorial Regional Medical Center, also owned by Bon
Secours, but died after arriving. Her death left some who had cared for
her at Community wondering if she would have survived had she shown up
at a different hospital. Bon Secours declined to comment on whether the hospital’s lack of an I.C.U. contributed to the Covid death toll. The
pandemic exacerbated a problem that doctors and nurses said they had
long faced — getting patients access to other hospitals in the Bon
Secours system. The East End is home to Richmond’s
largest Black population and, despite recent interest from real estate
investors, lacks some basic services. In 2019, it got its first supermarket. In some of the neighborhoods surrounding the hospital, more than half the households do not have a car, according to research
done by Virginia Commonwealth University. The public bus route to St.
Mary’s, a large Bon Secours facility in the northwest part of the city,
takes more than an hour. There is no public transportation from the East
End to Memorial Regional, nine miles away. “It became impossible
for me to send people to the advanced heart valve clinic at St. Mary’s,”
said Dr. Michael Kelly, a cardiologist who worked at Richmond Community
until Bon Secours scaled back the specialty service in 2019. He said he
had driven some patients to the clinic in his own car. Richmond
Community has the feel of an urgent-care clinic, with a small waiting
room and a tan brick facade. The contrast with Bon Secours’s nearby
hospitals is striking. At the chain’s St. Francis Medical Center,
an Italianate-style compound in a suburb 18 miles from Community, golf
carts shuttle patients from the lobby entrance, past a marble fountain,
to their cars. Dr. Samuel Hunter, 81, who worked for
more than four decades as a pathologist at Richmond Community until he
left in May, said the disparity reminded him of his childhood in
segregated Florida, where Black children like him learned from textbooks
that white students had already used. “I know what it feels like to have secondhand things,” he said. A Lucrative Drug ProgramWhen Bon Secours bought Richmond Community, the hospital served
predominantly poor patients who were either uninsured or covered through
Medicaid, which reimburses hospitals at lower rates than private
insurance does. But Bon Secours turned the hospital’s poverty into an
asset. The organization seized on a federal program created in the
1990s to give a financial boost to nonprofit hospitals and clinics that
serve low-income communities. The program, called 340B after the section of the federal law
that authorized it, allows hospitals to buy drugs from manufacturers at
a discount — roughly half the average sales price. The hospitals are
then allowed to charge patients’ insurers a much higher price for the
same drugs. The theory behind the law was that nonprofit hospitals
would invest the savings in their communities. But the 340B program
came with few rules. Hospitals did not have to disclose how much money
they made from sales of the discounted drugs. And they were not required
to use the revenues to help the underserved patients who qualified them
for the program in the first place. In 2019, more than 2,500
nonprofit and government-owned hospitals participated in the program, or
more than half of all hospitals in the country, according to the independent Medicare Payment Advisory Commission. Starting in the mid-2000s, big hospital chains figured out how to supercharge the program. The basic idea: Build clinics in wealthier neighborhoods,
where patients with generous private insurance could receive expensive
drugs, but on paper make the clinics extensions of poor hospitals to
take advantage of 340B. Since 2013, Bon Secours has
opened nine such satellite clinics in wealthier parts of the Richmond
area, according to federal records. Even though the outposts are miles
from Richmond Community, they are legally structured as subsidiaries of
the hospital, which entitles them to buy drugs at the discounted rate. The
Bon Secours Cancer Institute at St. Mary’s, for example, administers
cancer drugs to patients in an office suite on the tree-lined campus of
St. Mary’s Hospital. Thanks to 340B, Richmond Community Hospital
can buy a vial of Keytruda, a cancer drug, at the discounted price of
$3,444, according to an estimate by Sara Tabatabai, a former researcher
at Memorial Sloan Kettering Cancer Center. But the hospital charges the private insurer Blue Cross Blue Shield more than seven times that price — $25,425, according to a price list
that hospitals are required to publish. That is nearly $22,000 profit
on a single vial. Adults need two vials per treatment course. The way hospitals use the 340B program is “nakedly capitalizing
on programs that are intended to help poor people,” said Dr. Peter B.
Bach, a biotechnology executive and researcher whose work has shown that hospitals participating in the 340B program have increasingly opened clinics in wealthier areas since the mid-2000s. Bon
Secours did not disclose how much money it earned through the program,
but said the funds “help us address health disparities while providing
community support and outreach.” It said it had provided nearly $18
million in free care to poor patients at Richmond Community Hospital
since 2018. In 2020, the hospital provided $3.8 million in free care to
low-income patients, or about 2.6 percent of its total expenses,
slightly above the national average. The federal agency
that oversees the 340B program, the Health Resources and Services
Administration, said that hospitals and clinics were regularly audited,
and that the Biden administration had proposed requiring them to report
how they spent profits generated through the program. Such a change
would require congressional approval. In 2020, the most recent
year for which data is available, Richmond Community Hospital —
including its satellite offices — had a profit margin of nearly 44
percent, the highest in the state, according to an analysis by Virginia
Health Information, a nonprofit group that collects financial data from
hospitals. That year, the hospital brought in more than $110
million in revenue, after expenses and losses were deducted, according
to Virginia Health Information. According to two former Bon Secours
executives familiar with the hospital’s financial operations, the vast
majority of Richmond Community’s profit since 2013 has come from the
340B program. Bon Secours’s other hospitals have not done as well.
St. Mary’s, considered the most prestigious Bon Secours facility in
Richmond, brought in $83 million in 2020. ‘Unabashedly Profit-Oriented’On a sunny October day in Richmond in 2012, two cheerleaders for
Washington’s National Football League team smiled for cameras as they
gripped a large sign between them. “Bon Secours
Training Center,” read the sign, which combined the Bon Secours
fleur-de-lis logo with a bust of a Native American, the football team’s
logo at the time. The team, Bon Secours and the State of Virginia were unveiling a major economic deal that
would bring $40 million to Richmond, add 200 jobs and keep the
Washington team — now known as the Commanders — in the state for summer
training. The deal had three main parts. Bon Secours would get
naming rights and help the team build a training camp and medical
offices on a lot next to Richmond’s science museum. The city would
lease Bon Secours a prime piece of real estate that the chain had long
coveted for $5,000 a year. The parcel was on the city’s west side, next
to St. Mary’s, where Bon Secours wanted to build medical offices and a
nursing school. Finally, the nonprofit’s executives promised city
leaders that they would build a 25,000-square-foot medical office
building next to Richmond Community Hospital. Bon Secours also said it
would hire 75 local workers and build a fitness center. “It’s
going to be a quick timetable, but I think we can accomplish it,” the
mayor at the time, Dwight C. Jones, said at the news conference. Today, physical therapy and doctors’ offices overlook the football field at the training center. On the west side of Richmond, Bon Secours dropped its plans
to build a nursing school. Instead, it worked with a real estate
developer to build luxury apartments on the site, and delayed its plans
to build medical offices. Residents at The Crest at Westhampton Commons,
part of the $73 million project, can swim in a saltwater pool and work
out on communal Peloton bicycles. On the ground floor, an upscale
Mexican restaurant serves cucumber jalapeño margaritas and a Drybar
offers salon blowouts. The land next to Richmond
Community Hospital, by contrast, remained inactive until February of
this year, when Bon Secours broke ground on the complex. Former
executives at the chain said a series of management changes in Bon
Secours’s Richmond region, coupled with a change in mayoral
administrations, had distracted attention from the project. And a merger
with an Ohio hospital chain in 2018 accelerated the push for higher
revenues, according to former administrators and doctors. “There
was a major shift from being mission-oriented to being unashamedly,
unabashedly profit-oriented,” said Dr. Jones, the former mayor who
helped broker the original deal. Bon Secours said that since 2018,
it had spent more than $19 million supporting organizations and
initiatives throughout metropolitan Richmond, including more than $8
million on local businesses and charities in the East End. The work near
Richmond Community Hospital is projected to be finished by the end of
this year. Hospital executives have said they plan to house mental health, hospice and other services there. Disaster MedicineFor years, doctors
and nurses at Richmond Community have often felt as if they were working
on a battlefield, doing their best with severely limited supplies and
facilities. Kristen Schnurman, who began her career as a physician
assistant at Bon Secours in 2014 and left in 2019, said she had once
confided in a doctor that she was not learning proper medical care. “He
said to me — and this will always stick with me — ‘You’re not learning
medicine, you’re learning disaster medicine,’” she said. In
the summer of 2016, with temperatures soaring past 90 degrees, the
hospital’s air-conditioning went out for several weeks, making it hotter
inside than out on the street. When asked about the
air-conditioning and lack of basic supplies at Richmond Community, Bon
Secours declined to comment. Ms. Richmond, the Bon Secours spokeswoman,
said it would replace the M.R.I. machine as part of a $5.3 million
capital improvement plan. Dr. Kelly, the cardiologist, stopped treating patients at the hospital in 2019. But there is one man’s story that haunts him. The
man, who was in his 50s, arrived at the emergency room showing signs of
a heart attack. To prevent permanent damage, the man needed to be
swiftly catheterized, a procedure that would insert a balloon into his
blocked artery and force it open. Bon Secours did not have the
tools for the catheterization, so Dr. Kelly arranged for the patient to
be transferred quickly to Memorial Regional. But Memorial could
not guarantee a bed would be ready, Dr. Kelly said. So the patient
waited for several hours in the Community emergency room. “All we could
do was watch it happen,” Dr. Kelly recalled. The
patient survived, he said, but the delay damaged his heart. For the rest
of his life, the man will be at risk for extreme fatigue and
dangerously low blood pressure, Dr. Kelly said. Every
time that Bon Secours took away a service from Community, executives
gave doctors the same justification: Patients were just an ambulance
ride away from hospitals in the broader system. But Dr. Kelly and
other doctors said many patients had wound up like the man with the
heart attack. “We very, very often were stuck for many hours with
patients who absolutely needed advanced care,” Dr. Kelly said. Other
patients faced a different problem: Specialists who saw patients at
other Bon Secours locations would not travel to the hospital. This
spring, Doris Scarborough, 79, went to Richmond Community to have her
toe partly amputated. Poor circulation had turned the toe black and
gangrenous. She said her podiatrist had told her that she would lose
some of her toe, but was likely to keep her leg if she had a standard
procedure known as revascularization. Richmond Community did not
offer this procedure. Ms. Scarborough had to have it done at the
specialist’s office, and it took more than two weeks to get an
appointment. Weeks after the procedure, Ms. Scarborough lost her entire
toe. Dr. Foluso Fakorede, a cardiologist and an expert on racial disparities in amputation, said many people in poor, nonwhite communities faced similar delays in getting the procedure. “I am not surprised by what’s transpired with this patient at all,” he said. Because
Ms. Scarborough does not drive, her nephew must take time off work
every time she visits the vascular surgeon, whose office is 10 miles
from her home. Richmond Community would have been a five-minute walk.
Bon Secours did not comment on her case. |