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Matthew Holt

TECH: Conflict-of-interest! This is the best Modern Healthcare could do?

I greeted with glee an email from Modern Healthcare suggesting that there was some seedy goings on in the RHIO world. That article is called Conflict-of-interest questions arise over RHIOs. I was looking forward to the expose of fraud, graft and corruption. Frankly the article is pathetic, and an embarrassing attack on totally the wrong targets.

Essentially the article says that Molly Coye was tangentially involved in the steering of consulting work from the Cal RHIO which she basically started out of HealthTech, which she did start, to a consulting company called Health Alliant of which she was an unpaid Board Chair/Adviser. The article does note that Molly never got paid anything by Health Alliant and recused herself from the negotiations between Cal RHIO and Health Alliant. Meanwhile Blackford Middleton is also on the board of Health Alliant, as is Scott Wallace and apparently they at least approve and are damned by association.

Full disclosure; I know Molly and Blackford quite well, and am in general fans of theirs, so take what I say in that context. But frankly this article is clutching at straws.

Yes, Molly is influential in the whole RHIO movement. She put together the energy with David Brailer to start the whole national health IT initiative, and you can argue that much of the concept of small Federal money to kick-start the private sector came from her 2003 Health Affairs paper. Yes, Health Tech was funded primarily by big providers, and Molly used her contacts and influence to get them to pay to fund it—but I might modestly suggest that if they provided nothing in return, HealthTech’s membership would not have come back for year 2. Yet several years later they’re still there. Yes, given that HealthTech exists it was a natural venue for RHIO discussions in California. Yes, HealthTech (and CalRHIO, and, on a sadly much more modest scale, I) receive money from the California Health Care Foundation, but that’s to support work that is important to CHCF’s charter. And the article managed to miss the juiciest ridiculousity of all in that CHCF’s President is Molly’s ex-husband! Surely they could have made some hay there!

Health Alliant, which is largely run by Jeff Rose who’s been in the health IT game for a while, is making a little business out of helping fledgling RHIOs with strategic planning. But it is a little business, at most $4m this year—and given the low margins on that type of work I bet their profit is puny compared to just the overspend on expenses at King/Drew in Los Angeles, or what Deloitte billed at UC Davis. And it’s nothing compared to the mega-millions Blues of Tennessee and Blues of Florida spent  in the 1990s with Andersen Consulting developing software that never worked.

And most importantly, Molly bent over backwards to get out of the appearance of conflict of interest. I’m sure if she was raking it in somehow, we’d all be invited to spend time on her yacht.

Many among us may have doubts as to whether RHIOs will succeed, and whether this is all a waste of Foundation and taxpayer money. But that’s the way progress (such as it is) in American health care IT is made. The goals of the the RHIO movement are extremely laudable. That it exists at all is in no small part due to Molly (and Blackford and Scott Wallace). There were I assure you plenty of things they could have been doing in the last few years to get much richer if they’d chosen. But instead they spent their time in getting us some of the way towards those goals. How does that justify running a long story about a non-existent conflict of interest that made them no money (and probably had a negative opportunity cost)?

If they want to dig into Molly, perhaps they should look into her appointment to the Board of Aetna. Although one only needed to look at their 10K to find out about that. Sadly for her she doesn’t appear yet to have the $400K in Aetna stock that the Directors need to own (and persumably not sell when they’re still directors) according to Aetna’s by-laws. They gave her a bunch of options for being on the board. I’m not exactly sure from my reading of the document whether it was a gift rather than she had to buy in. Perhaps Jack Rowe can lend her some cash if she’s short.

But even that seems very minor compared to just some of the Board appointments in health care. Don’t you think she could have got herself on the board of any and every health IT company in the nation if she’d really wanted to cash in?

There are plenty of potential conflicts of interest with board appointments in health care. Roy Poses doesn’t have Modern Healthcare’s resources, but  he manages to snare one or more from time to time including having a go at some clear board gadlfy’s like Uwe Reinhardt.

As for real malfeasance in health care? It’s just hard to imagine that Modern Healthcare couldn’t find somewhere better to look.

POLICY: Last shot of the Cannon?

Michael Cannon has written a response to my response to him. Even ignoring the issue about my personal HSA, we’re really talking past each other. Cannon doesn’t think our discussion is fruitful, and in truth it’s not. He wants to discuss the vast majority of his paper which looks at the role of HSAs within our current system. To me our current system is so broken, the introduction of HSAs (at least in the limited form they now exist which is all we’re likely to get for now) is pretty irrelevant, and a minor incremental change—albeit one away from the compulsory social insurance that, he correctly states, I advocate. Frankly in the next five years neither of us is going to get our way…so this argument is about what comes next.

The argument I want to have is a theoretical one about what would happen if we had essentially a completely personalized account-based system, as he advocates in his Large HSA proposal. As I explained at length before, I think that a significant number of people would take the money and by no or minimal insurance coverage. So apparently does he.

Large HSAs would give workers far greater freedom of choice. Workers could use their HSA funds (and non-HSA funds) to purchase insurance from their employer or any other source. Alternatively, they could forgo insurance to build larger HSA balances.

Now lets just assume that over say 20 years people really do build up huge HSA balances, and so when they need the money for their individual health crisis in year 20, they can pay for it all themselves. Even accepting that this would happen and that young healthies (His “students”) could buy a cheap heavily underwritten very high deductible policy for the early years, my question is what would happen in Year One? The money that would cover the sick in a compulsory social insurance pool, would have been extracted and instead be sitting in the personal accounts of the “students”. So when the sick start incurring huge health care costs, the money to pay them must come from somewhere. Unless the people who get sick had already saved up the huge amount they need or were allowed to buy into the cheap underwritten catastrophic plans, (both of which are totally unrealistic and the latter of which would destroy those plans as a profitable business), then that money must come from the taxpayer, or the providers (in the form of non-payment for services rendered).

This is the problem that I just don’t understand about the individual account theory. This is after all about the crux of insurance, which Cannon believes can work in a voluntary, HSA-based system. I just wish someone promoting those accounts would explain why I don’t understand how they overcome that issue rather than continually ignoring it.

 

TECH: Physician IT use growing but not that fast

The conventional wisdom among the three of us who care is that physician clinical IT use is climbing among docs in big groups (really taking off 2003 onwards), but at a slower rate amongst other docs. A new survey from HSC that looks at physician IT use in another way seems to confirm that. But frankly it’s written in a way that makes it a little confusing, and I suspect that the key question about “Accessing patient notes, medication lists or problem lists” means that physicians can be doing that in a hospital, which is why it’s at 50%, but they probably aren’t using a computer to generate notes or orders.

The availability of ePrescribing is at 20%….given that these numbers are about “availability in the practice” not about actual use, it’s fair to assume that the 15% number I’ve been using for eRx is still about right.

But the conclusion makes sense.

On an annual basis, the proportion of physicians with IT for the various clinical activities examined increased an average of between 1 and 4 percentage points a year. The fairly slow average year-to-year growth and the significant proportion of physicians that continue to have only limited access to clinical IT suggest that physicians as a group have not yet reached a tipping point in the adoption of IT for most clinical activities.

 

HEALTH PLANS: Remembering the Halcyon days of yore

I’m sure that all lawyers are crooks, etc, etc and that Milberg Weiss were doing naughty things while they went trawling for plaintiffs. 

In early October 1997, he bought 50 shares of Oxford Health Plans. Three weeks later, the stock nose-dived, and Mr. Vogel lost about $3,000 of his investment.  Still, Mr. Vogel reaped $1.1 million.

Apparently he was paid off to be the first plaintiff in a bunch of cases, which is illegal under a rather obscure law passed in 1995, —a law which the Milberg Weiss guys claim was the reason that the shenanigans in the bubble got so out of control. And somehow despite Ken Lay being the biggest contributor ever to a certain Texas based President, and being convicted of a gazillion counts, the next big indictment is of lawyers who go after fraud. Funny that.

But what I want to know about this NY Times story is how did lead plaintiff Vogel know that Oxford stock was about to collapse? And perhaps next time he could let me know too!

BLOGS: Grand Rounds

Dmitriy has Grand Rounds 2.37 up at The Medical Blog Network. The submission process caused a little bit of controversy in the medical blogging world, but I think that we need to give Dmitriy the benefit of the doubt for providing what will hopefully be good and useful tools—after all no one complains that Google makes money off its users, but it sure does! Given that I have one of the most trafficked health care blogs (thanks Google!), I can tell you that they’re not money makers, so if Dmitriy can aggregate enough content to create a dollar flow that bloggers can share in, good luck to him.

POLICY: Cannon has a point! No, just kidding

Michael Cannon comments on my post about his paper yesterday, noting in passing that I have an HSA. C’mon Michael you can understand that people will take advantage of incentives, even though the policy behind those incentives is bone-headed, can’t you? After all like most of your colleagues at Cato I think that getting tax relief on my mortgage is bad policy, I think that paying taxes to support the war on drugs is terrible policy. But no one exactly gave me the choice…

But onto the real discussion. In his blog Cannon says I didn’t read his piece carefully enough. Actually frankly I’m not very interested in the attempt to figure out how HSAs fit into our current broken system which occupies most of the piece, and I despair of any of their supporters taking them very seriously. They all say that they’re “partial solutions”, or “incremental”. Frankly our care system is so screwed up that whether we force more problems on the sick in their decisions about accessing care (which Cannon agrees that HSAs/HDHPs might do) is pretty irrelevant when we have 15% of the population who’d love to have that problem.

What I like about Cannon (and Tanner and Kling) is that they’re among the very, very few on their end of the spectrum who’ll have a theoretical argument about the insurance “market”. So let’s get to our core “mis”understanding

Also, Holt accuses me of ignoring the fact that risk segmentation results in reduced subsidies to the sickest insureds. Yet that is a central theme of the “students & professors” hypothetical (pp. 6-8).

I don’t accuse him of ignoring the reduction in subsidies! I accuse him of both understanding that it happens and believing that it’s a good thing! And the conclusion to that hypothetical piece is

Though the professors would lose the cross-subsidies they received under Plan A,those losses would essentially be temporary transition costs. The higher health insurance premiums for today’s professors would convey to today’s students the importance of saving for their future medical needs. Thus tomorrow’s professors would face greater incentives to save for their future medical needs. Because their current premiums would be lower, they would be better equipped to do so.

In other words, the market would send a signal to the “students” that the if they didn’t avoid having any health care costs in the future, and hadn’t saved all their lives to finance them, they’d be lying bankrupt in the gutter with “professors” who also haven’t saved enough to afford the costs they’re paying for the care they need now. This is a “transition” cost, and Cannon and several of his colleagues believe that a) we really can get to a place where individuals accounts saved for over the years can cover all health expenses, and therefore insurance (with its implied social cross subsidy) is unnecessary, and b) the transition costs are small. Given the current savings habits of Americans  the first assumption is laughable, but it’s the next point that’s the real problem.

If you go to the logical extreme and do away with insurance, a) those transition costs are huge and b) the “students” who get sick will not be able to save enough over their lifetimes to deal with their future costs. The problem remains the 80/20 rule. If you allow the 80% to put all their money in an individual account and not in the social pool there will not be enough money to pay for the care of the few who need it—even the ones who’ve scrimped and saved all their lives.

But don’t fear Cannon has a solution for that. After we’ve eliminated the cross-subsidy of social insurance, we somehow or other bring it back

And on page eight I write:

Though HSAs may reduce hidden subsidies to sicker workers, they do not preclude subsidizing those workers in other ways.

Strangely he didn’t include the very next sentence

Other options include government subsidies or private charity, including assistance from family and friends, churches, civic associations, and uncompensated care from hospitals and doctors.

Which if I’m not very much mistaken is what we’ve got already and what the providers and employers are bleating about at the moment. Cannon just thinks that we should be pushing policies that will make the current zoo worse, and return more money to the healthy people who don’t need it.

His justification for all of this (which he continually says is “socially desirable”) is that putting people into HDHPs will reduce their spending overall and drive out that darned unnecessary care they’re all demanding. But as apparently although he will admit it he doesn’t want to consider that most health care spending is not under the control of a patient spending their own money, even if they have an HSA/HDHP. The stuff that costs the most money is the flat-of-the-curve medicine being visited on the nearly dead. And Cannon apparently has no interest in figuring out how to reduce that because it requires a supply-constraint. To be fair to him, not many other people want to do that either, as it means beating up on a bunch of doctors and hospitals. But other countries manage it!

So for the nth time, if you want to have a rational, fair and cost-efficient health care market you need compulsory social insurance, hopefully progressively based, so that those people who end up with large healthcare costs don’t end up being bankrupted. Then you need incentives for providers that induce them to provide cost-efficient care over a population, rather than to do as much as possible to those who can pay, and ignore the rest—which is the recipe for driving up costs. Cannon’s analysis suggest that he knows this, but his solutions drive us towards the opposite state, which is why I’m wondering about the color of his planet’s sky.

INTERNATIONAL/CONSUMERS: Consumerism meets single payer

So do the tappings of consumerism in health care need American-style CDHC? Apparently not, as in the UK the latest is that doctors are to be graded for quality of service

Every doctors’ surgery (surgery = office in Brit talk, not what it means in Yank-sih) is to be inspected and awarded Michelin-style stars so that patients can tell the quality of care offered by their GP at a glance, The Times has learnt. Expert panels will give family doctors one of three gradings in a move backed by ministers desperate to show that patients are getting value for money from huge GP pay rises. The scheme, being drawn up by the Royal College of General Practitioners, will run alongside government plans to publish detailed patient surveys of each surgery’s performance.

Of course the huge pay rises for GPs were as part of a pay-for-performance scheme…something their American colleagues might be a little envious about!

THE INDUSTRY: Rick Scott-a man who’s career was barely alive, but he can rebuild himself. ($6 million will be cheap if that’s all it costs the taxpayer!)

Via KevinMD I got to this story about the (lack of) take-up at a new in-store clinic run by TakeCare—kinda surprising as I think I’d be happy to go to one. But then with a bit of Googling around I found something that I’d missed. Rick Scott has left the secure Federal facility in which he’s been spending the last ten years and is back in health care. Here’s what Milt Freudenheim wrote in the NY Times last month.

A clinic company with somewhat grander ambitions is Solantic. Its clinics are staffed by doctors and provide a wider range of services that include X-rays at $90 apiece (or two for $150). For routine services, Solantic’s prices may be slightly higher than at other clinics — $55 or more for a Solantic doctor visit compared with $45 to be seen by a nurse practitioner at a rival’s clinic. But having doctors on staff "dramatically increases the number of services we can provide to a patient," said Richard L. Scott, the chairman of Solantic, which is based in Jacksonville, Fla.Mr. Scott built Columbia- HCA Healthcare into the nation’s largest hospital chain. But in the late 1990’s, the company faced an array of charges that it had defrauded the government, charged private insurers for unnecessary tests and improperly paid kickbacks to referring doctors. The board forced Mr. Scott out, and the company paid billions of dollars in fines and penalties; Mr. Scott was never charged with wrongdoing. "I always wanted to create a clinic business when I was in the hospital business," Mr. Scott said.

This sounds fantastic. I just never knew that there was so much potential for up-coding and fraudulent Medicare billing in this brave new world of consumer-centric health care delivery. After all according to TakeCare, there’s not much appeal to the senior crowd so far:

Since its debut in October, Take Care has been bombarded by those in the generations accustomed to the quick fix. Thirty percent of its clients are between the ages of 19 and 35, and 33 percent are between 36 and 55. Only 13 percent of the patients are 55 and older.

But if Rick’s involved, then there must be! I hope his fellow investors are ready for the fines to come when there’s a less friendly Administration in power….but hey everyone knows that the big fish in corporate frauds never do hard time, do they? Well not in health care, anyway. Right, Mr Scrushy?

POLICY: Kaiser on CDHPs

Kaiser Family foundation has an excellent slideshow introduction about the CDHP—how it works, what it’s supposed to do, who pays, etc, etc. Of course all you need to know is in the line below titled “Total Firm Contribution” as to why employers might think they like the HDHP.

Consumer-Directed

 

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