Posts Tagged ‘insurance’

Lies about malpractice reform

Friday, February 26th, 2010

I looked at Washington Monthly today, as I usually do to see what the far left is thinking. They were, as usual, obsessing about the health “reform” legislation and yesterday’s summit. I noticed a link to another article about malpractice reform.

First, from Wash Monthly,

John McCain recommended malpractice reform modeled on California and Texas.

There’s two examples right now of medical malpractice reform that is working. One is called California and the other is called Texas. I won’t talk about California because we Arizonians hate California because they’ve stolen our water.

“But the fact is that Texas has established a $750,000 cap for non-economic damages; caps doctors at $250,000; hospitals at $250,000; and any additional institution, $250,000; and patients harm to a finding of medical malpractice are not subject to any limitations on recoveries for economic losses. And I hope you’ll examine it.”

Wash Monthly comes back with a response that is based on lies.

I hope policymakers will examine it, too, because the results of the experiments in California and Texas offer some important lessons.

McCain preferred to ignore California’s experience, not because of water rights, but because the caps haven’t worked the way conservatives would have liked.

This is a lie. The “source” he links to is Jamie Court who is a really far left anti-insurance zealot and part of the phony Prop 103 auto insurance “rollback” that passed a decade ago and screwed up California’s auto insurance for a while. Here is what Court says:

Data from the National Assn. of Insurance Commissioners show that doctors’ malpractice premiums nearly tripled in the first dozen years after the 1975 California law. Premiums fell sharply and stabilized only after Californians passed insurance reform Proposition 103 in 1988.

Under 103, $135 million was refunded by malpractice insurers. The insurance measure also created an elected insurance commissioner who imposed a rate freeze for his entire first term, implemented stringent regulation and ended price fixing.

This is just a lie. I was practicing surgery in California the entire time he refers to. I began my private practice in 1972. My malpractice premium was $3500 per year. In 1974, following the stock market decline which devastated insurance company investments, my malpractice carrier raised my (and my partner’s) premium to $35,000 per year, but we learned that the company was insolvent. For a while, there was no insurance available except at stratospheric rates we could not afford. Thousands of California doctors practiced without insurance for several years. In 1974, there was a statewide doctor’s strike. Many doctors refused to treat any but emergency cases until the state did something about medical malpractice. Governor Jerry Brown called an emergency special session of the state legislature in January 1975. They passed a very good law called AB1XX, named for the special session. Since that time, it has been called MICRA, The Medical Injury Compensation Reform Act.

It has been attacked many times by the trial lawyers, with whom Court is affiliated. Eventually, the State Supreme Court upheld the reform act, in spite of furious attacks by the medical malpractice bar. It has resisted further attacks every few years for the past 25 years.

Court claims that premiums tripled and that Prop 103 affected the rates. Both are lies. My partner and I practiced without insurance for three years. In 1978, when we added another surgeon to our practice, we decided to start buying insurance again and we joined a company called CAP/MPT. That stands for Cooperative of American Physicians/ Medical Protection Trust. It is a non-profit cooperative of doctors who are self insuring. We each deposited $20,000 into a trust fund. We were than assessed an amount each year according to our specialty. Surgery is higher risk than General Practice, for example. My assessment remained at about $6,000 per year for the next 20 years.

I was sued several times although most were nuisance suits. For example, when we did apply to CAP/MPT, I learned that I had eight wrongful death suits filed against me. When we investigated, we found that these were ER patients, mostly trauma cases, that had died. Some, I had not even been involved with their care. I wrote letters to each law firm asking them to dismiss the suits or be subject to a suit by me for malicious prosecution. All were quickly dismissed. I was threatened with suits a couple of times by disgruntled patients. One woman kept coming back complaining because she had a tiny scar from a varicose vein injection. I couldn’t see it from ten feet away. I finally (a mistake) asked her why she was so obsessed with this scar that no one else could see. She had been warned that these injections can cause scars. I even asked her if she was having personal problems, with her husband, for example. That was a big mistake. She threatened to sue me but she could never find a lawyer to take her case.

Ironically, she had originally come to me because I had saved her mother’s life. Her mother, a smoker, had been in California to help her daughter with a new baby. While here, she had a catastrophic vascular accident that resulted in her entire small intestine dying. I put together her duodenum and colon but did not expect her to live. She had no remaining bowel that could absorb nutrients. Also, the connection of the bowel was tenuous because of the poor blood flow. Amazingly, it healed but she had no way to absorb food. We put her on total parental nutrition and she did well but there was no known way to keep the catheter from getting infected. They had never been used for a chronic IV nutrition situation.

I had been to the American College of Surgeons meeting a couple of months before and had seen a new catheter that was intended for long term IV use. It was still experimental. I called Belding Scribner, who had invented the first shunt that allowed chronic dialysis for renal failure. He was the one at the meeting who was showing the new catheter. He told me the name of the small company that was making them and they agreed to send me one. They are now commonly used for chemotherapy but this was probably the first use for a patient who lost her entire small bowel. It worked and she went home to Bethesda, Maryland after we taught her husband how to care for it. I called the National Institutes of Health to find someone who could help the husband with the care and she did well for several years, finally dying of a heart attack. Ten years later, her daughter sued me for a 2 mm scar.

I had a couple of other suits, one of which went to trial and I was exonerated, including being awarded the court costs. In 1994, after a major back operation for an old injury, I retired. A couple of years later, my $20,000 trust fund contribution was refunded. Court is lying about the malpractice situation in California and trying to puff up the role of his anti-insurance Prop 103. There was no refund until I retired and that had nothing to do with Court and his Naderite pals.

The fact that the left has to lie to support their position is excellent evidence that they have nothing else on their side.

Health insurance

Wednesday, September 2nd, 2009

There is a rather emotional cover story in the Atlantic that has been linked to by several sources using it as an example of why US health care is collapsing and in need of reform. Some of these people either didn’t read the article or don’t understand it. Let’s read it.

But health insurance is different from every other type of insurance. Health insurance is the primary payment mechanism not just for expenses that are unexpected and large, but for nearly all health-care expenses. We’ve become so used to health insurance that we don’t realize how absurd that is. We can’t imagine paying for gas with our auto-insurance policy, or for our electric bills with our homeowners insurance, but we all assume that our regular checkups and dental cleanings will be covered at least partially by insurance. Most pregnancies are planned, and deliveries are predictable many months in advance, yet they’re financed the same way we finance fixing a car after a wreck—through an insurance claim.

This is exactly right and suggests one area for reform. Here is another true statement.

In designing Medicare and Medicaid in 1965, the government essentially adopted this comprehensive-insurance model for its own spending, and by the next year had enrolled nearly 12 percent of the population. And it is no coinci­dence that the great inflation in health-care costs began soon after. We all believe we need comprehensive health insurance because the cost of care—even routine care—appears too high to bear on our own. But the use of insurance to fund virtually all care is itself a major cause of health care’s high expense.

How about this ?

Well, for every two doctors in the U.S., there is now one health-insurance employee—more than 470,000 in total. In 2006, it cost almost $500 per person just to administer health insurance. Much of this enormous cost would simply disappear if we paid routine and predictable health-care expenditures the way we pay for everything else—by ourselves.

The people who are linking to this article are Obama supporters. have they read it ? Or just the title.

Now for some really radical statements:

Moral hazard has fostered an accidental collusion between providers benefiting from higher costs and patients who don’t fully bear them. In this environment, trying to control costs is awfully tough. When Medicare cut reimbursement rates in 2005 on chemotherapy and anemia drugs, for instance, it saved almost 20 percent of the previously billed costs. But Medicare’s total cancer-treatment costs actually rose almost immediately. As The New York Times reported, some physicians believed their colleagues simply performed more treatments, particularly higher-profit ones.

Want further evidence of moral hazard? The average insured American and the average uninsured American spend very similar amounts of their own money on health care each year—$654 and $583, respectively. But they spend wildly different amounts of other people’s money—$3,809 and $1,103, respectively. Sometimes the uninsured do not get highly beneficial treatments because they cannot afford them at today’s prices—something any reform must address. But likewise, insured patients often get only marginally beneficial (or even outright unnecessary) care at mind-boggling cost.

Some of this I agree with and some is a matter of understanding Jack Wennberg’s research on variation in health services. Across the country, those health services that are related to unanticipated incidents, like strokes and heart attacks and hip fractures, are about the same in frequency and expenditure. It is the services that are not clearly necessary or that have less clear indications that vary so much. An example widely discussed by Wennberg is prostate surgery for benign enlargement, or BPH. There is very little variation in prostate cancer except by race as blacks have a higher incidence.

This is a shocker for the lefties:

For fun, let’s imagine confiscating all the profits of all the famously greedy health-insurance companies. That would pay for four days of health care for all Americans. Let’s add in the profits of the 10 biggest rapacious U.S. drug companies. Another 7 days. Indeed, confiscating all the profits of all American companies, in every industry, wouldn’t cover even five months of our health-care expenses.

Now for some really shocking statements:

Every proposal for health-care reform has featured some element of cost control to “balance” the inflationary impact of expanding access. Yet it goes without saying that in the big picture, all government efforts to control costs have failed.

Why? One reason is a fixation on prices rather than costs. The government regularly tries to cap costs by limiting the reimbursement rates paid to providers by Medicare and Medicaid, and generally pays much less for each service than private insurers. But as we’ve seen, that can lead providers to perform more services, and to steer patients toward higher-priced, more lightly regulated treatments. The government’s efforts to expand “access” to care while limiting costs are like blowing up a balloon while simultaneously squeezing it. The balloon continues to inflate, but in misshapen form.

I have some doubts about that statement. I don’t think most doctors consciously choose to increase volume to make up for declining reimbursement but there may be an effect that is indirect. Medicare has chosen, for example, to cut payment for vascular surgery, such as the femoral popliteal bypass procedure that used to take me four to seven hours to do. Medicare now pays less than one-fourth what I was paid for this in 1990. The intent was to reduce the motivation of surgeons to operate, especially with big lengthy cases. There has been, at the same time, a trend to interventional radiology which is displacing vascular surgery. The catheter procedures, with stents and balloon angioplasties, are popular with patients because they don’t hurt as much as surgery. However, everything I know about the billing circumstances tells me that the money spent on angioplasties and stents and other radiology procedures is far more than the surgery procedures they replace. The surgeons aren’t happy about the trend but it is certainly not one of cost reduction.

Cost control is a feature of decentralized, competitive markets, not of centralized bureaucracy—a matter of incentives, not mandates. What’s more, cost control is dynamic. Even the simplest business faces constant variation in its costs for labor, facilities, and capital; to compete, management must react quickly, efficiently, and, most often, prospectively. By contrast, government bureaucracies set regulations and reimbursement rates through carefully evaluated and broadly applied rules. These bureaucracies first must notice market changes and resource misallocations, and then (sometimes subject to political considerations) issue additional regulations or change reimbursement rates to address each problem retrospectively.

Governments are slow and stupid. Yes, some of us knew that.

These bureaucracies first must notice market changes and resource misallocations, and then (sometimes subject to political considerations) issue additional regulations or change reimbursement rates to address each problem retrospectively.

As a result, strange distortions crop up constantly in health care. For example, although the population is rapidly aging, we have few geriatricians—physicians who address the cluster of common patient issues related to aging, often crossing traditional specialty lines. Why? Because under Medicare’s current reimbursement system (which generally pays more to physicians who do lots of tests and procedures), geriatricians typically don’t make much money. If seniors were the true customers, they would likely flock to geriatricians, bidding up their rates—and sending a useful signal to medical-school students. But Medicare is the real customer, and it pays more to specialists in established fields. And so, seniors often end up overusing specialists who are not focused on their specific health needs.

Not only doesn’t Medicare pay them well, it restricts their ability to care for their patients. I have previously posted on this. A huge consideration in controlling Medicare and end of life costs is home care. Yet, home care is very poorly paid and the number of visits is restricted.

Many reformers believe if we could only adopt a single-payer system, we could deliver health care more cheaply than we do today. The experience of other developed countries suggests that’s true: the government as single payer would have lower administrative costs than private insurers, as well as enormous market clout and the ability to bring down prices, although at the cost of explicitly rationing care.

But even leaving aside the effects of price controls on innovation and customer service, today’s Medicare system should leave us skeptical about the long-term viability of that approach. From 2000 to 2007, despite its market power, Medicare’s hospital and physician reimbursements per enrollee rose by 5.4 percent and 8.5 percent, respectively, per year. As currently structured, Medicare is a Ponzi scheme. The Medicare tax rate has been raised seven times since its enactment, and almost certainly will need to be raised again in the next decade. The Medicare tax contributions and premiums that today’s beneficiaries have paid into the system don’t come close to fully funding their care, which today’s workers subsidize. The subsidy is getting larger even as it becomes more difficult to maintain: next year there will be 3.7 working people for each Medicare beneficiary; if you’re in your mid-40s today, there will be only 2.4 workers to subsidize your care when you hit retirement age. The experience of other rich nations should also make us skeptical.

I really don’t think the Obama supporters read this article before recommending it. Medicare has to be reformed before tackling the rest of the system.

Another true statement:

Well, hospitals bill according to their price lists, but provide large discounts to major insurers. Individual consumers, of course, don’t benefit from these discounts, so they receive their bills at full list price (typically about 2.5 times the bill to an insured patient). Uninsured patients, however, pay according to how much of the bill the hospital believes they can afford (which, on average, amounts to 25 percent of the amount paid by an insured patient). Nonetheless, whatever discount a hospital gives to an uninsured patient is entirely at its discretion—and is typically negotiated only after the fact. Some uninsured patients have been driven into bankruptcy by hospital collections. American industry may offer no better example of pernicious “price discrimination,” nor one that entails greater financial vulnerability for American families.

One of my pet peeves is the secrecy of these discounts and this applies to Medicare as well with respect to physician payment. If I as a surgeon offer to perform a treatment at a cash price less than my “official fee” as determined by my Medicare profile, I am breaking the law. As a result, there is considerable upward pressure on doctors’ “retail” fees at the same time that Medicare is cutting the amount that is actually paid.

Most MRIs in this country are reimbursed by insurance or Medicare, and operate in the limited-competition, nontransparent world of insurance pricing. I don’t even know the price of many of the diagnostic services I’ve needed over the years—usually I’ve just gone to whatever provider my physician recommended, without asking (my personal contribution to the moral-hazard economy).

I don’t think he realizes that Medicare will penalize such a facility if it offers a cheaper price for a cash patient. This is a reason why medical IRAs are less useful than they might be. Unless the patient goes through the insurance company claims process, the discount that the insurance company has negotiated will not be obtained. Processing the claim, even though the insurance company will not pay it, costs money in administrative expense. That’s one reason for those 470,000 insurance employees. Far better would be a system in which actual prices were public knowledge and it made no difference if you were paying cash or the insurance company was paying. Then the medical IRA would be on the same terms as the insurance company and administrative costs would really go down.

By contrast, consider LASIK surgery. I still lack the (small amount of) courage required to get LASIK. But I’ve been considering it since it was introduced commercially in the 1990s. The surgery is seldom covered by insurance, and exists in the competitive economy typical of most other industries. So people who get LASIK surgery—or for that matter most cosmetic surgeries, dental procedures, or other mostly uninsured treatments—act like consumers. If you do an Internet search today, you can find LASIK procedures quoted as low as $499 per eye—a decline of roughly 80 percent since the procedure was introduced.

The French system requires posting of all charges and allows the doctor, or hospital, to negotiate with the patient without penalty. Such a system would allow competition with newer technology.

How would the health-care reform that’s now taking shape solve these core problems? The Obama administration and Congress are still working out the details, but it looks like this generation of “comprehensive” reform will not address the underlying issues, any more than previous efforts did. Instead it will put yet more patches on the walls of an edifice that is fundamentally unsound—and then build that edifice higher.

A central feature of the reform plan is the expansion of comprehensive health insurance to most of the 46 million Americans who now lack private or public insurance. Whether this would be achieved entirely through the extension of private commercial insurance at government-subsidized rates, or through the creation of a “public option,” perhaps modeled on Medicare, is still being debated.

Regardless, the administration has suggested a cost to taxpayers of $1 trillion to $1.5 trillion over 10 years. That, of course, will mean another $1 trillion or more not spent on other things—environment, education, nutrition, recreation. And if the history of previous attempts to expand the health safety net are any guide, that estimate will prove low.

I’m sure those Obama supporters did not read this article. The uninsured are composed of three groups. One is illegal aliens and I don’t see how that problem is solved. I think Obama’s “public option” would include them since identity checks are not part of the plan. Another third are young healthy workers who choose not to buy insurance. A basic catastrophic policy would be affordable for this group and a mandate for such a policy would work. I don;t blame tem for not wanting to buy the bloated prepaid care style policies that are offered now.

How does he suggest dealing with the cost problem ?

A more consumer-centered health-care system would not rely on a single form of financing for health-care purchases; it would make use of different sorts of financing for different elements of care—with routine care funded largely out of our incomes; major, predictable expenses (including much end-of-life care) funded by savings and credit; and massive, unpredictable expenses funded by insurance.

For years, a number of reformers have advocated a more “consumer-driven” care system—a term coined by the Harvard Business School professor Regina Herzlinger, who has written extensively on the subject. Many different steps could move us toward such a system. Here’s one approach that—although it may sound radical—makes sense to me.

First, we should replace our current web of employer- and government-based insurance with a single program of catastrophic insurance open to all Americans—indeed, all Americans should be required to buy it—with fixed premiums based solely on age. This program would be best run as a single national pool, without underwriting for specific risk factors, and would ultimately replace Medicare, Medicaid, and private insurance. All Americans would be insured against catastrophic illness, throughout their lives.

Proposals for true catastrophic insurance usually founder on the definition of catastrophe. So much of the amount we now spend is dedicated to problems that are considered catastrophic, the argument goes, that a separate catastrophic system is pointless. A typical catastrophic insurance policy today might cover any expenses above, say, $2,000. That threshold is far too low; ultimately, a threshold of $50,000 or more would be better. (Chronic conditions with expected annual costs above some lower threshold would also be covered.) We might consider other mechanisms to keep total costs down: the plan could be required to pay out no more in any year than its available premiums, for instance, with premium increases limited to the general rate of inflation. But the real key would be to restrict the coverage to true catastrophes—if this approach is to work, only a minority of us should ever be beneficiaries.

I absolutely agree with this proposal. A key would be allowing the doctor and patient to negotiate on what the charges not paid by insurance will be. Right now, doctors are banned from charging more than the insurance pays.

What about routine care ?

Every American should be required to maintain an HSA, and contribute a minimum percentage of post-tax income, subject to a floor and a cap in total dollar contributions. The income percentage required should rise over a working life, as wages and wealth typically do.

All noncatastrophic care should eventually be funded out of HSAs. But account-holders should be allowed to withdraw money for any purpose, without penalty, once the funds exceed a ceiling established for each age, and at death any remaining money should be disbursed through inheritance. Our current methods of health-care funding create a “use it or lose it” imperative. This new approach would ensure that families put aside funds for future expenses, but would not force them to spend the funds only on health care.

I hope Obama doesn’t read this. He will need one of those catastrophic policies to deal with the stroke he has. I think these are great ideas for the middle class. The poor, especially the older poor, will have to be subsidized but that is a lesser problem than trying to remake the entire system in one step.

UPDATE: Here are some comments about the VA as a model for reform. I never worked in the VA but know many docs who trained there. This is a good discussion.

Health insurance in other countries

Friday, February 20th, 2009

We are often chastised that American health care is too expensive and private health insurance is inefficient. How much better would we be with a national health plan ? How about a few examples from the present time ?

Australia had an excellent health system in the early 1980s. The residents paid into a national health plan called “Medicare” that paid doctors’ bills and for other non-hospital services. The states, like New South Wales, built hospitals that cared for both insured patients and indigents. The doctors could see their private patients and the charity patients in the same location.

Then came the Labour Party, which in an election, promised free healthcare for everyone if elected. They won the election and most people stopped paying for Medicare. Except that no one had planned how to pay for the doctors’ services. There was chaos for a while. The exception was Queensland, the most conservative state, which had not built the big new government hospitals like the other states had. Much of Queensland was still covered by private care and doctors told their patients that, if they dropped their private insurance, they would lose access to the private hospitals.

Now it is 20 years later.

British retirees in Australia are finding a new problem; skyrocketing health insurance premiums.

The Britons, numbering around 6,000, reside permanently in the country on condition they do not become “a burden on the state”. That means comprehensive private medical cover is mandatory.

The expats, all of retirement age and including some Second World War veterans, hold temporary residence permits, which have “rolled on” through the years. Categorised as 410 visas, they allow holders to own property, travel freely in and out of the country and work for 20 hours a week.

Many visa holders are retirees who went to Australia to join their adult emigrant children.

Now, health insurance costs are forcing some of them to return to England.

It is not just that insurers assess visitors as higher risk. In Australia – where private cover is officially encouraged and bought by four in 10 citizens – residents’ premiums are subject to official control. Visitors’ premiums are not.

Consequently, Beria is petitioning the government to give long-term 410 visa holders permanent resident status.

The issue came to a head following legislative moves last year. Visitors’ medical cover was switched from its former category of “health insurance” to “health-related insurance”, removing the protection afforded by official capping of increases.

Annual premiums for a couple on top level cover are now more than A$6,000 a year (about £2,900).

That’s 4,152.80 U.S. dollars. Less than most US policies for a couple but a lot for a pensioner.

I thought health care was free everywhere else but the USA.

The medical crisis is here

Monday, December 15th, 2008

The NY Times has an article about the impending doctor shortage that should finally end the myths about doctors but won’t. In 1993, the Clinton health plan was rejected by a public that was pretty satisfied with its health care, no matter what the single payer enthusiasts say. I was still in practice and, while the burden of bureaucracy was growing, medical practice was still pretty satisfying.

The year before, I had finally bought an office computer system. I have been a computer user since the PC first appeared. I was a programmer and engineer before I went to medical school but, in those days, unless you had a job in a big company, computers were something you saw in the movies, like “2001, A Space Odyssey.” A surgical practice did not need the primitive computer billing programs of the 1980s as they were directed to a high volume of small charges. Surgeons tend to see fewer office patients and many of those office visits do not generate charges (or didn’t then), at least for general surgeons. The office patients were either new patients, who might not be charged separately for the visit if they were scheduled for surgery, or post-op patients whose visit was included in the global fee for the surgery. I also had a policy, adopted from the surgeon with whom I had been first in practice, of not charging post-op cancer patients. In fact, I rarely charged post-op patients at all on the theory that, if they had a problem, I wanted to see them again and wanted to put as few obstacles to another visit as possible. This avoided potential dissatisfied patients and it established a relationship that patients usually do not have with the surgeon. They knew who I was and might come back with a new problem. General surgeons rely on referrals and it was helpful to have the satisfied patient know my name if something came up in the future.

I finally bought a computer billing system (It cost $36,000 plus the computers) because they had gotten more sophisticated and, by 1991, I had 276 contracts with various insurance companies and HMO organizations. That was the era of the “HMO without walls.” Insurance companies and for-profit HMOs had learned that they could sign contracts with individual doctors, or with groups of doctors, and use these contracts to control costs. The contracts were complicated and many had different provisions that had to to be tracked or there could be a refusal to pay or even a penalty. In one instance, I found that sending a patient to the closer medical lab for a wound culture resulted in a $500 dollar fine for me from the HMO. The lab fee was $36. The result of that incident was that I refused to see HMO patients in my second office in San Clemente, even if the patient lived in San Clemente. I could not rely on my office staff to always get the patient to the correct lab or x-ray office.

The second consequence of this incident, and others like it, was that I bought the computer and linked it to the other office. This way, my staff could enter the patient’s insurance information and get a list of all the rules for that particular HMO or PPO. Since I left practice in 1994, it has only gotten worse. For primary care physicians, it has gotten a lot worse. Fees have been cut and bureaucracy has increased. I am now part of that bureaucracy for the Workers Compensation system, as I do reviews of cases that are not being treated within guidelines established for this system. The reason why there are such complex guidelines is the amount of fraud and waste in the system, now much reduced since the reforms began five years ago in California.

What has been the result for the nation as a whole ? Primary care physicians have been less well paid and have been deluged with bureaucracy. As a result, they have been leaving the field. I tell medical students that, if they plan to enter primary care, they should get an MBA as they will be managing nurse practitioners and physician assistants. More and more of the primary care is being delivered by these “physician extenders.” Some physicians are natural managers. Many don’t go to medical school to do this and they simply avoid the field or retire early if possible.

We’ll see if Obama and the people around him recognize this. They strike me as a bunch of theorists and academics who will not understand this problem.