Pages

Monday, May 25, 2015

Health Care Reform Articles - May 25, 2015

Obama’s Game of Chicken with the Supreme Court

BY 


Sometime next month, the Supreme Court will decide King v. Burwell, and the conventional wisdom about the stakes in the case appears to have shifted. The case represents a challenge to the core of the Affordable Care Act. The plaintiffs charge that, based on a strict reading of single sentence (actually, four words), federal health-insurance subsidies should be available only in the sixteen states (and the District of Columbia) that set up their own health exchanges, or marketplaces. This means, they argue, that there should be no subsidies for people who now buy insurance on the federal exchange in the other thirty-four states. At the moment, about thirteen million people receive those subsidies.
The people with the most riding on the outcome, of course, are those thirteen million. Without subsidies, it’s likely that most of them will no longer be able to afford their insurance. Until recently, the perception has also been that the Democrats had the largest political stake in the case. After all, the A.C.A. is the signature achievement of the Democratic President. Suddenly, though, and paradoxically, it has come to seem that Obamacare’s Republican opponents are most at risk if the decision goes their way. They have the most to lose by winning. As Jonathan Chait wrote recently, “The chaos their lawsuit would unleash might blow back in a way few Republicans had considered until recently, and now, on the eve of a possible triumph, they find themselves scrambling to contain the damage.” In this view, the peril is especially great for Republicans, because, as Jonathan Cohn recently pointed out, the G.O.P. has failed to propose any kind of plan to address the loss of insurance for so many millions of people.
So that’s the theory: millions will suddenly be uninsured, and will blame Republicans. As Harry Reid, the Democratic leader in the Senate, put it recently, “I don’t think they will [win the case]. If they do, that’s a problem that the Republicans have.”
No, it’s not. If the Obama Administration loses in the Supreme Court, the political pain will fall almost exclusively on the President and his Party. To paraphrase Colin Powell and the Pottery Barn rule, President Obama will have broken health care, so he owns it. To the vast mass of Americans who follow politics casually or not at all, Obamacare and the American system of health care have become virtually synonymous. This may not be exactly right or fair, but it’s a reasonable perception on the part of most people. The scope of the Affordable Care Act is so vast, and its effects so pervasive, that there is scarcely a corner of health care, especially with regards to insurance, that is unaffected by it. So if millions lose insurance, they will hold it against Obamacare, and against Obama. Blaming the President in these circumstances may be unfair, but it’s the way American politics works.


Posted May 21, 2015, at 2:16 p.m.
Americans consistently spend more on prescription drugs than anyone else in the world. That spending reached new heights last year, jumping 13.1 percent to $373.9 billion. That works out to $995 per person, according to an April report by the IMS Institute for Healthcare Informatics, triple the amount Americans spent in 1995 when adjusted for inflation.
Maine residents, who spent more than $1.5 billion last year to fill prescriptions at pharmacies, lost their best short-term option earlier this winter for avoiding those stifling prescription drug costs. U.S. District Court Judge Nancy Torresen in February invalidated a 2013 state law that allowed licensed pharmacies in Canada, the U.K., Australia and New Zealand to dispense drugs to Maine residents.
Short of a federal solution to the U.S.’s prescription drug cost problem, this law was a logical and safe way to help Mainers save some money on needed treatments. But, Torresen determined, it flew in the face of federal law, which bars prescription drug imports from foreign pharmacies for personal use. (Attorney General Janet Mills declined to appeal Torresen’s ruling, citing the need for federal action.)
Rep. Chellie Pingree from Maine’s 1st District is proposing a partial solution, introducing legislation that would allow Americans to order drugs from licensed Canadian pharmacies. Sen. John McCain, R-Arizona, is sponsoring identical legislation in the Senate — Maine Sen. Susan Collins is a co-sponsor.
Specifically, the Pingree-McCain legislation would require the federal government to develop the rules necessary to make it happen within six months of the bill passing. That’s because the federal government has had the authority to allow prescription drug imports from Canada since 2003 and hasn’t acted on it without the force of a deadline in the law.
The prohibition on personal prescription drug imports is nonsensical. It’s about time Congress eliminated it. Drugs from licensed Canadian pharmacies are no less safe than drugs purchased from American pharmacies, and there’s no reason to deprive Americans of a simple way to lower their prescription drug costs.
But allowing imports from Canada is just the start of changing a system that keeps Americans paying unnecessarily higher prescription drug prices than everybody else. Americans pay nearly $1,000 per capita on prescription drugs, but Canadians — who pay the second most per capita — spend about 40 percent less. For name-brand drugs, the prices paid by Americans generally are at least double the prices one would find in the U.K. or Australia.
Part of the reason is that the U.S. imposes no price controls on prescription drugs, unlike every other nation in the Organization for Economic Cooperation and Development. Plus, Americans often have some of the earliest access to new, name-brand drugs — many of which simply are modifications of existing drugs that aren’t substantially better — soon after FDA approval, raising U.S. spending on prescription drugs when they are most expensive. Further, the U.S. doesn’t allow one of its largest prescription drug purchasers, Medicare, the ability to leverage its enormous buying power into lower prices. Private insurers can negotiate lower prices, as well as the Department of Veterans Affairs, but this leaves the negotiating to a fragmented market of many, relatively small payers.
Many have argued lower drug prices in the U.S. could translate into substantially less capital available for the research and development involved with bringing new drugs to market. But this argument ignores the fact that the vast majority of the research that leads to meaningfully different drugs — new molecular entities — is done in academic centers and sometimes in nonprofit and government research labs. A 2001 study in the journal Health Affairs found that just 15 percent of the research cited in drug patent applications to the FDA was done by industry. Further, a 2012 study in journal BMJ found pharmaceutical companies spent just 1.3 percent of their revenues on research into new molecular entities while spending at least a quarter on marketing.
If Americans’ exorbitantly higher prescription drug prices were needed to fund important medical breakthroughs, that would be one thing. But that’s not what the higher prices are paying for, meaning a key reason against allowing Medicare to negotiate better drug prices for its members, much less allowing Americans to purchase cheaper drugs from Canadian pharmacies, simply doesn’t stand up.


Awash in Paperwork, Maine Doctors Abandon Conventional Treatment Model 

  MAY 20, 2015
FALMOUTH, Maine - Many primary care doctors commit to the profession because of their passion for caring for patients. But the reality of the job often requires doctors to pack each day with patient appointments. As time with patients shrinks and administrative tasks swell, the quality of care can suffer.
Out of frustration, some Maine doctors have decided to abandon the conventional treatment model for something called direct primary care.
Last July, Catherine Krouse was just about done with her career choice. Fresh out of medical school and her residency in family medicine, she didn't feel eager for her future. She felt jaded.
"I knew for myself that signing a contract with a conventional model would be the end of me, that I wouldn't go back," she says. "I'd probably quit medicine."
Quit, because Krouse says the way health care has evolved, patients often come second to the other demands on doctors:  Filling out reimbursement forms. Calling insurance companies to battle for claims. Reviewing and signing off on stacks of patient paperwork.
"You just end up getting drained and drained and drained," Krouse says. "And then when your cup is completely empty, then you just get guarded and angry. And then you put up walls, and that really creates barriers."
So Krouse decided to set up a direct primary care practice. Earlier this month she opened Lotus Family Practice in Falmouth. She doesn't accept insurance. Instead, she charges patients a monthly membership fee. "So it's very direct. It's just patients and doctors. There's no one else in between."
Membership is $60 a month for adults, $20 for kids. It covers an unlimited number of visits, which last about 45 minutes. Patients can also call or text Krouse any time they want. She also provides generic drugs at wholesale cost. Those savings alone, she says, can cover the cost of membership. "Pennies. They cost pennies."
So, is direct primary care too good to be true?


Obesity epidemic is another reason for single payer

By James Binder, M.D.
The Charleston (W.Va.) Gazette, May 21, 2015
Our country would be better able to help its citizens prevent and manage chronic illnesses if we adopted a single-payer system. Our current primary care structure is designed to treat acute illnesses. Primary care providers do not have adequate time or the training to effectively treat the increasing burden of chronic conditions in our society, conditions such as obesity, diabetes mellitus, substance use disorders, depression.
Obesity will soon be our number one health problem. One-third of adults are obese.
Twenty percent of children 2 to 5 years of age are overweight or obese. Besides being associated with a number of serious medical conditions, such as heart disease and diabetes mellitus, obesity is associated with emotional/mental consequences (discouragement, depression) and social discrimination. Our national security is at risk with 30 percent of young Americans too heavy to meet the requirements for joining the Armed Services.
There are conscientious efforts to prevent and combat obesity being made right now in our communities and schools. However, these are often uncoordinated and unsustainable, not helping our children make lasting changes. A strong, multi-modal, evidence-based approach is needed.
Our current fragmented private insurance infrastructure has not and is not capable of supporting an effective response. Private insurance companies have one priority — to make a profit, not to improve the collective health of our nation.
The world-renowned Institute of Medicine published a blueprint to resolve the obesity epidemic (Progress in Childhood Obesity: How Do We Measure Up, 2006). An effective national response for preventing and treating childhood obesity would have three components:
  • Strong leadership and coordination.
  • Evaluation of approaches.
  • Monitoring progress of specific interventions and making adjustments when necessary.
A single-payer system would provide the infrastructure needed to implement each of these three components. Emphasis would shift from the micromanagement of each decision made by a clinician to the macromanagement of resources.
Micromanagement increases paperwork and expenses, discourages clinicians and patients alike, and is often ill-considered.
I treat a number of children with obesity as a pediatrician in a rural medical clinic. I recently referred a child with a BMI greater than 99 percent to a comprehensive Healthy Kids clinic in Charleston.
This child had failed stage I and II obesity treatments. Despite meeting the specific recommendations of the American Academy of Pediatrics for specialty referral, the family’s private insurance company refused to cover the treatment. The child had not yet developed an associated medical condition (e.g. diabetes mellitus).
This type of micromanagement would be unnecessary in a single-payer system because the emphasis would be on the collective health of the community, not the cost of one referral. It is so important that we return to a model based on caring professional judgment.
Even more importantly, we need to develop and implement programs that really work.
We know that it takes time to help families with such complex issues as weight control. The standard 15-minute clinic visits are not enough time to counsel families on complex issues, especially when there are other problems to discuss and five to seven minutes of that visit is spent on the computer, much of it devoted to meeting insurance company billing demands.
We know families must be involved in the solution since children learn good nutrition and healthy habits in the context of their immediate families. And, we know it takes coordination between communities, schools, industry, medical clinics, and the government to develop and sustain effective interventions.
A single-payer system would allow us to incorporate all these elements into treatment planning since its main goal is the collective health of the community.
Of course, the best strategy is to prevent the problem in the first place. Private insurers attach funding to individual patients. Broader societal goals are not funded. Less than 3 percent of health spending currently goes for prevention. We can do better than that.
A single -payer system would provide the framework to solve the problem and allow us to change our children’s environment. It would not solve the problem for us. We would still have to do that. However, we have the expertise and health professionals needed to accomplish that. We just need the framework. It is another reason many physicians support single payer.

Guiding Wealthy Retirees on Health Expenses

Thursday, May 21, 2015

Health Care Reform Articles - May 21, 2015

How Medicare Advantage Investors Profited From Loose Government Lips 

  22 HOURS AGO

On Wall Street, Feb. 3, 2011, was mostly a ho-hum day. But not for companies that sell Medicare Advantage plans. 
Several of those that offer the privately run Medicare coverage option hit the jackpot, tacking on billions of dollars in new value after federal officials signaled they might go easy on health plans suspected of overcharging the government. 
The stocks took off after the federal Centers for Medicare and Medicaid Services advised the plans in a memo that it was rethinking a move to ratchet up audits. Some of these plans are run by publicly traded insurance companies whose fortunes can rise and fall on a whiff of change in Medicare policy. 
At the time, health insurers were bracing for tougher audits, fearing they could wind up owing the government millions of dollars as a result. 
The memo was sent to Medicare Advantage plans, but wasn't available to the general public. 
A CMS spokesman said the two-paragraph memo was routine and that officials did nothing wrong in sending it out. But the advisory appears to contradict CMS regulations that urge officials to wait until after markets close to disclose information that could move stocks. The episode also raises fresh questions about the security and timing of so-called market-sensitive disclosures — and just who gains access to the information. 
"When the memo was released by people at the agency, they had to be brain dead if they thought it would not quickly make its way into the hands of those who influence stock prices," said Lynn E. Turner, a former Securities and Exchange Commission official and expert on financial reporting requirements. 
Big Jump
CMS said it began sending out the memo on an internal message system at 9:30 a.m. on Feb. 3 and it took "several hours" to reach all of the 6,500 health plan recipients. 
By mid-afternoon, a CMS official in Washington noted that shares in three major Medicare Advantage insurers had "shot up" as a result. 
"There's also an incredible volume — an atypical number of buyers and sellers," CMS official Misha Segal wrote in an email to several agency higher-ups at 2:37 p.m. (See the email traffic below.) 
UnitedHealth Group, the nation's biggest Medicare Advantage company, rose 4 percent, which "is nearly $2 billion in 'newly created equity' for the company," according to Segal. "This is a big jump." 
The huge stock rally — and the role CMS played in sparking it — is disclosed in agency emails and other records obtained by the Center for Public Integrity through a Freedom of Information Act lawsuit.
CMS officials, in a statement, said nothing was amiss.

Congress plots to pay for a trade deal by raiding Medicare

By Michael Hiltzik
Los Angeles Times, May 18, 2015
Medicare means many things to many people. To seniors, it's a program providing good, low-cost healthcare at a stage in life when it's most needed.
To Congress, it's beginning to look more like a piggy bank to be raided.
That's the only conclusion one can draw from a provision slipped into a measure to extend and increase the government's Trade Adjustment Assistance program, which provides assistance to workers who lose their jobs because of trade deals. The measure, introduced by Rep. David Reichert (R-Wash.), proposes covering some of the $2.7-billion cost of the extension by slicing $700 million out of doctor and hospital reimbursements for Medicare.
The plan on Capitol Hill is to move the Trade Assistance Program expansion in tandem with fast-track approval of the Trans-Pacific Partnership trade deal, possibly as early as this week. We explained earlier the dangers of the fast-track approval of this immense and largely secret trade deal. But the linkage with the assistance program adds a new layer of political connivance: Congressional Democrats demanded the expansion of the Trade Assistance Program, Congressional Republicans apparently found the money in Medicare, and the Obama White House, which should be howling in protest, has remained silent.
Medicare advocates have taken up the slack by raising the alarm. "To take this cut and apply it to something completely unrelated sets a terrible precedent," Max Richtman, head of theNational Committee to Preserve Social Security and Medicare, told me.
The Medicare raid was so stealthy that critics in Congress, including members of the Congressional Progressive Caucus, are just now gearing up to oppose it. "It was sort of buried" in the bill, Rep. Keith Ellison (D-Minn.), the caucus co-chair, told me Monday. The caucus expects to circulate a letter opposing the arrangement as soon as later this week. Ellison, an opponent of granting fast-track authority on the TPP, says the Medicare cut amounts to piling the costs of trade liberalization onto its victims.
"There will be fabulous wealth generated by the Trans-Pacific Partnership," he says. "The people who are hurt shouldn't have to pay for it with their jobs and then have inadequate Medicare when they get older."
Ellison labeled the extension of the assistance program a "consolation prize" for those injured by trade deals. But there are grounds to question how much good the Trade Adjustment Assistance actually does. 
Some of its benefits are direct. The program extends unemployment benefits for workers laid off because of competition from international trade and subsidizes their healthcare insurance. It funds job retraining programs and subsidizes job searches. Older workers can get limited "wage insurance" covering a portion of any wage reductions they suffer in moving to new jobs. Some of this assistance is skimpier in the new bill than they were in the last major reauthorization of the program in 2011, following trade deals with Colombia, South Korea and Panama. 
But in a 2008 study, Kara M. Reynolds of American University and her associate John S. Palatucci found that workers receiving trade assistance did scarcely better than other laid-off workers at finding new employment -- and that they earned on average 30% less at their new jobs, compared with the roughly 10% pay cut faced by unassisted workers. 
One reason, they posited, is that the workers in the trade program were in worse-hit industries and were trying to replace relatively high wages. But taking advantage of job training also kept them out of the workforce longer, which may have made them less desirable to employers.
What makes the Medicare cut especially stealthy is that it's slipped into the federal budget for 2024 -- it won't even show up on the books until the assistance program itself has expired. Moreover, it's pitched as an extension to the 2011 sequester, possibly to make it seem all the more painless.
The sequester, an economically damaging bit of fiscal hugger-mugger Congress devised as a route out of an impasse over the debt limit, left Medicare relatively but not entirely unscathed: much of the program was exempted from cuts, though provider reimbursements were pared by 2% each year through 2023. Last year, the Medicare sequester was extended into 2024 to cover a reversal of cost-of-living cuts to veterans' pension benefits -- another case of raiding Medicare for an unrelated program. The new proposal cuts Medicare provider benefits by another quarter of a percentage point from October 2024 through March 2025.
This is different from the $700-billion cost reduction in Medicare enacted via the Affordable Care Act. That includes efforts to make the program more efficient by improving the incentives governing how doctors and hospitals deliver care to their patients, along with reductions in payments to Medicare Advantage plans. Richtman points out that much of this amounts to a reallocation within Medicare -- "it's piled back into the program by paying for improvements in preventive care, closing the 'doughnut' hole in Medicare Part D (the prescription drug benefit)" and other measures. In the broadest sense, the cost reductions in Medicare are netted against other healthcare costs within the Affordable Care Act.
By contrast, the new proposal would take $700 million out of Medicare, period. Nothing in the TAA will help Medicare function better, augment its services to members, or cover healthcare costs. Slicing into physician and hospital reimbursements may have the opposite effect, by reducing members' access to care. "I'd characterize this as money stolen from Medicare," Richtman says.
The greater danger is that Congress gets addicted to looking to Medicare for spare cash. Richtman and other social insurance advocates have grown accustomed to keeping their eyes on efforts in Medicare legislation to tamper with the program's benefits and finances; now they have to watch out for raids from all directions. 


Learning A New Health Insurance System The Hard Way

The insurance program was called “Believe Me”  — but Kairis Chiaji had her doubts.
She and her husband Arthur were skeptical that the new health plan they purchased for 2015 would actually work out. That’s because their experience in 2014 had been a disaster, she said.
The Sacramento, Calif., couple had been thrilled to learn last year about the prospect of subsidized coverage under the nation’s health law, she recalled. Each of them had been uninsured for years when they signed up for coverage through the state exchange, Covered California.
“I just thought about how many people who are like me,” explained Kairis, 43, a self-employed natural hairstylist and doula. “If you have a lot of money, you’re covered. If you don’t have any money, you’re covered. When you’re in the middle, working hard every day, that’s when it’s really tough.”
When her children were little she worried about paying for their care if they were injured.
“I just simply told my children, listen, all I’ve got is a ruler and duct tape, so you’re not allowed to break any bones. Literally you can’t get hurt,” she said.
Arthur, an immigrant from Kenya who worked in food preparation, hadn’t had coverage since he left his home country,  which has a national health insurance program. “Everybody can afford insurance,” said Arthur, 39, who married Kairis in 2013. “And so that’s how I thought it was gonna be [in America]. That was not the case.”
At a health fair in February 2014, the Chiajis signed up for a plan with Anthem Blue Cross at a cost of $138 a month for the two of them. Her two oldest children, who are 18 and 22, were able to get insurance through Medicaid, the state and federal program for the poor, and her younger son has private insurance through his fatherKairis’ ex-husband.
Kairis and Arthur went home and waited to receive their insurance cards and first bill. Nothing arrived.
At the end of June, they finally received their cards and a bill for May, June and July, Kairis said.
They sent in one month’s payment, which they assumed would be for July since they hadn’t even known they were eligible for coverage in May and June. But Anthem told them  their payment only covered May, Kairis said.
When Kairis called Anthem to ask whether there had been a mistake, “they said you’re not covered [now] because you have to pay the months before now,” she said.
As she tried to resolve the problem, Anthem told her to hold off paying another bill until the insurer was able to process a change in their  income, which would lead to a slightly lower premium. So she waited, but didn’t get another bill.
Around that time, the couple brought two more children into their home, whom they are in the process of adopting from the foster system.  Arthur tried to go to the doctor for a physical exam to complete the adoption but was told by the medical office he wasn’t covered.
Kairis tried to clear things up on the phone with Anthem. “You wait on line for an hour, you get disconnected, they say no one can talk to you and hang up on you,” she said. “It was really frustrating.” When she called Covered California, she said, she got a message explaining operators were busy and she was disconnected.

The Problem of Underinsurance and How Rising Deductibles Will Make It Worse

Findings from the Commonwealth Fund Biennial Health Insurance Survey, 2014

Abstract
New estimates from the Commonwealth Fund Biennial Health Insurance Survey, 2014, indicate that 23 percent of 19-to-64-year-old adults who were insured all year—or 31 million people—had such high out-of-pocket costs or deductibles relative to their incomes that they were underinsured. These estimates are statistically unchanged from 2010 and 2012, but nearly double those found in 2003 when the measure was first introduced in the survey. The share of continuously insured adults with high deductibles has tripled, rising from 3 percent in 2003 to 11 percent in 2014. Half (51%) of underinsured adults reported problems with medical bills or debt and more than two of five (44%) reported not getting needed care because of cost. Among adults who were paying off medical bills, half of underinsured adults and 41 percent of privately insured adults with high deductibles had debt loads of $4,000 or more.

Ignoring the Penalty for Not Buying Health Insurance