So I was sent an appeal by a grandmother upset that her grand-son was denied surgery by his insurer for what looks to be a pretty unpleasant condition, called Pectus Excavatum. She has taken the campaign to the web. I can’t comment on this particular case or the surgery in general, other than to say that if it was my kid, I’d want the surgery done too. But this is a wave of things to come.
HEALTH PLANS: Perhaps you shouldn’t click on every Google Ad, with UPDATE on underinsurance
As you may or may not have noticed, in a (mostly failing) attempt to see whether I can make any money back off this blog, I’ve been running Google Adsense down on the left column. A certain commenter, let’s call him Ron, suggested to me that this is an attempt for me to build my own insurance empire. While that may betray Ron’s misunderstanding of how Adsense works (and look here for an amusing version of the same), one of the ads that ended up on THCB was for a very dodgy insurance company that wasn’t so nice. Take a look and of course caveat emptor.
UPDATE: Meanwhile, Health Affairs today has a Commonwealth Fund study that estimates the number of underinsured at 16 million. By my very casual glance at the Press release it seems that they may only be talking about those with inadequate insurance who actually needed it. My guess is that overall underinsurance (e.g. not having enough to pay the bills in the case of a bad trauma) is much greater. But then again, it’s the flow of people through un- and under- insurance that’s such a big issue, with more than 80m uninsured for at least 3 months in a 4 year period.
HEALTH PLANS: Promoting HSAs, by Ron Grenier
My commenter Ron deserves to have this post promoted from yesterday’s open thread. I oppose HSAs (and for that matter employment-based health insurance) as a policy because they are diametrically opposite to being the overall solution to universal health insurance, although I’m pretty much indifferent to whether we go with a tax-based single payer system or a strictly-regulated, compulsory, community-rated (non-underwritten) individual or group insurance system as the preferred outcome. However, in real life we’re not getting to any of those politically any time soon, and as a solo operative with some of my own health problems it appears to me that a high deductible plan with an associated HSA is my best option. So I’ve got one.
Ron explains in this example why that might be a good option for others….of course he doesn’t get to the community-rating/risk pool division issue, but that’s for another post. Here’s Ron’s example:
A 30 Year Old Nurse Who Is A Single Mother
Pick Any Des Moines Hospital
Annual Income: $50,000
A single parent mother making $50,000 a year is not rich. Many
employers will pay $400 a month for single coverage but the employee
must pay the additional $400 a month to add on their child, out of
their paycheck. Now the Mother has deductibles and co-pays on both her
and the child. Probably, knowing health insurance like I do, the
employee insurance has switched from co-pays on RX to co-insurance
($10 co-pay for Generics and $25 co-pay on Brand Name PLUS Co-Insurance
of 50% on Brand Name). Remember, some people when they get sick have RX
bills of $1,500 a month, ask Montel Williams. So if the mother or the
child got sick we have no idea what will be the out of pocket annual
expense for just RX. PLUS, If the mother got ovarian cancer and could
not work, a requirement for keeping her insurance, she would be put to
COBRA for insurance termination. Everybody, including people who sell
group insurance, say they can’t comprehend why that makes even the
slightest difference in the world. To me it’s simple, I would prefer a
contract that can’t be singled out for termination because of my
relationship to some employer.
The HSA Individual Option
The Mother pays the total family premium of $78.68 per month. Now
she saves $400 a month coming out of her paycheck that she can save or
spend on her baby. The $400 a month, that the employer is currently
spending on the Mother’s single insurance, is redirected to the bank,
in the Mother’s Tax Free Health Savings Account or HSA. The bank must
be FDIC insured, it’s the law.
Annual Deposit From Employer: $4,800
Maximum Annual Out-Of-Pocket (OOP) for the family: $5,200
So the maximum annual OOP expense for this Mother and child is
capped at $400 a year and she is currently paying $400 a month, out of
her check, with no idea how much she could owe with co-pays and
co-insurances.
No FICA Tax on HSA deposits. The FICA tax is 15.3% and is split
between employer and employee. Now the hospital won’t pay 7.65% on
every dollar the mother earns. Employers love the HSA when they figure
it out.
The Hospital is depositing $4,800 a year in the mother’s HSA. She or
her employer may maximize her HSA annual deposit and save on taxes,
another $400 or a maximum of $5,200 may be deposited each year.
When the mother goes to the doctor everything is the same. The
doctor’s bill is $80 for example. The first thing is the charge is run
it through the PPO, exactly like they are doing it now, and the charge
is sent to the insurance company. The insurance company then sends an
Explanation Of Benefits (EOB) that says, your $80 charge has been
diminished to (example) $50. Do you want to pay the $50 with personal
funds or would you prefer to have it deducted from your HSA? Once
covered charges hit the deductible they are paid at 100%.
If the mother put the max in her HSA and didn’t use any HSA funds,
which some people do, at 65 years of age she would have over $400,000
at 4% interest. If she uses average $1,300 a year she will have over
$300,000. If she uses $2,600 a year she will have over $200,000 at 65
years of age. Also she has the freedom to place her HSA balance in
mutual funds for the possibility of a higher return.
I tell clients to max out their HSAs because 30 years of retirement
health care expenses will be expensive. HSA funds dedicated to
retirement health care expenses are never taxed and money that is never
taxed will last longer in retirement.
Next month retirement will be high lighted when the House throws it’s retirement bill on the table.
Who thinks this Mother should keep her present employer’s insurance at $400 a month out of her check?
HEALTH PLANS: Tiers’R’Us and the Blues in Minnesota
Brief today (as I’m on dial up!) but go take a look at this article called tiers may have unintended side effects. Interesting that the Blues in Minnesota are trying the tiered approach, which hasn’t gone too great shakes in Claifornia, and some big names (like Mayo) are worried. One to watch.
HEALTH PLANS: I agree wth the NY Times in general, but perhaps someone should tell Wellpoint that they are doing badly
So yesterday the NY Times has an article suggesting that the good times are over for health insurers. In the last five years they’ve seen huge growth and profits while they’ve retreated from active care management and trying to push provider prices down and instead have returned to their roots as underwriting, financial machines that simply pass on the costs of the system to their clients (i.e. us). Well that’s not exactly what the article says they’ve been doing, but it is what they have been doing. I tend to agree with the NY Times, as I don’t think that the profit growth of the Uniteds and Aetnas is sustainable over the next few years. However, no one bothered to mention this to Wellpoint which this morning announced earnings that blew the doors off expectations and sent the Wellpoint stock price up 6%.
And of course the way the health care business works — remember that 85% of the costs are with 15% of the people — even if your overall enrollment isn’t going up very fast, you just need to get better at avoiding a few expensive enrollees to be very profitable. If you can figure out some way to at least start to manage the care of the sick people you do enroll better — and to be fair Sam Nussbaum at Wellpoint does seem to be trying to do this with diabetics — then you may still make some decent profits so long as you get your pricing right. So there’s your reason why shorting Wellpoint may be a bad, even if very tempting, idea. It of course may not be enough to stop me from being stupid and doing it anyway.
HEALTH PLANS: The Blues says that AHPs would Raise Costs, Won’t Reduce Uninsured
Here’s some totally self-serving propaganda from the Blues about how terrible AHPs are and how Federal AHPs would raise costs, create more uninsurance and (although they don’t mention it) be a likely venue of huge amounts of fraud — as were the AHP’s predecessors the MEWPs. The only issue I have with this propaganda is that it’s basically true!
Now the Blues have much to feel guilty about, in that they have beefed up their profits while being much more aggressive about their underwriting, and have managed to flail around politically when they could ensure themselves a decent future in a universal insurance system — although that would take some leadership which is yet to be apparent. Plus they are obviously not a united movement. How can Anthem identify with a tiny independent non-profit Blues of Lesser Bupkiss?
But in this instance, they are on the sides of the righteous policy wonks.
HEALTH PLANS/POLICY: It will stagger you to find out that health care competition may not result in better quality!
Now I want you all to sit down comfortably and drink a glass of water before you read this article. Says here (in a story cribbed from the academic journal Medical Care) that Health care competition may not result in better quality. The study found that HMOs in places where there was less competition between HMOs did better on HEDIS scores. Oddly those where there was more enrollment in HMOs also did better on HEDIS scores (though not as well on consumer satisfaction). All suggesting that a single monopoly HMO probably does best of all on quality. Um, does this sounds like anywhere we know? Well now you’ve all recovered from the shock, let’s review what little that we know on the subject.
a) Competition amongst health plans and HMOs is not about the competition to produce the best quality care. It’s about the competition to insure as many as possible of the people least likely to need it. Harsh but fair words.b) In general health plans have little ability to control what medical providers do, and providers are the ones who do the things that make up HEDIS scores. Consumer satisfaction with health plans has to do with customer service reps, not health care quality which the average consumer wouldn’t recognize even if it showed up as their prom date.c) The more health plans there are in an area the less each plan’s ability to get providers to do anything, as they’ll be responsible for a very small part of the provider’s businessd) As Porter, Enthoven and a host of other bright people have pointed out, competition such as it exists in the US system is in the wrong place (see point a).And e) no one in the real world, where people and employers vote with their money, cares about HEDIS or has even heard of it.
I hope no one working hard in a health plan feels too offended. Sorry for feeling bloody minded tonight, but my next chore is to do my taxes! I’m sure you understand!
HEALTH PLANS: Are there any winners from the high deductible games?
The LA Times had an article this weekend about how patients were leaving HMOs to go PPOs which were essentially high deductible plans. The article claims that the new trend is leaving HMOs in an Unstable Condition: as Members Bolt to Other Plans.
Ignoring the fact that it’s the same corporate parents who provide both types of insurance product, so the HMOs per se (with the possible exception of the still highly profitable Kaiser) are not exactly becoming "unstable", there are two connected but somewhat obscured issues here. The total cost of treating an HMO patient is still somewhat cheaper than treating a comparable PPO patient, but much more of that cost is now pushed onto the consumer/employee so the premiums are cheaper for the employer/payer. Where Blue Cross’ new high deductible plan called Tonik and other low price (but not low cost!) plans come in is that they are an attempt by one insurer or another to favorably slant their overall risk profile — as insuring healthy people is a much easier way to make money than taking proper care of sick ones. This is not new. Prior to its sale to Aetna in 1996 US Healthcare was expert at paying off brokers to find them better risk groups in the early 1990s. Aetna forgot to use that technique when they bought them, but certainly has rediscovered how to improve their risk profile in the last five years. All plans have been playing this game forever, this is just a new variant. Look for the coda at the end of this article for more information about brokers being paid off by plans. (In the case of Aon, the pay-offs were allegedly at the insistence of the broker but you can imagine that they weren’t being paid bribes to deliver the groups with the worst risk profiles! Eliot Spitzer for one has noticed).
Meanwhile the AMA’s wet dream of an HSA with the consumer paying (a price of the doctors choosing!) at the point of service is plain wrong. I’ve been hearing this fantasy from physicians in focus groups since 1994! But the truth is that, even with the high deductible plans, payment will still go through the insurer and all the rigmarole that they put the providers through to get paid will still exist. It’s just for the high deductible plans the money will now come out of the consumer’s bank account. In fact it’ll be harder for the provider to collect from those consumers without an HSA linked directly to their health plan’s account (which my guess is over 90% of HSA holders presently).
I know. I have one of these plans and when I had surgery last year I made all my providers wait several months until after my plan finished totally messing up my deductible calculations and finally got the amounts right before I paid out a penny! The providers still had to send in all the medical notes, I still got (mostly wrong) EOBs, I still had to spend hours and hours on the phone with confused and beleaguered customer service reps, etc, etc. The only difference was that when all was said and done the providers had to come after me for a big share of the money. Luckily I had the money set aside. How many Tonik members — supposedly young and relatively poor extreme-sports types — will be able to say the same?
Funnily enough I’m not even sure that the games pay off that well for the plans. In 2003 I was offered an underwritten PPO that was originally quoted at $63 a month for a $2000 deductible/$3,000 max out of pocket. When they found out about my previous knee surgery the premium quote went up to nearly $400 a month! Instead I bought a short term plan (from a subsidiary of the same company!) for about $70 a month. And then when, as their underwriters had guessed correctly, I needed more surgery it all eventually cost (in terms of actual money paid out to providers) about $7000. That would have been roughly the same as my original premium payments ($4,500) plus my maximum out of pocket ($3,000). In other words for the original plan a $7,500 patient would have been one on which they’d have broken-even but as I went with the non-underwritten plan that I assume is similar to Tonik, which didn’t quite cover so many conditions (e.g. no pregnancy coverage, and excluded diabetics, cancer patients, etc up front) , I paid about $3000 less in premiums. So they lost money on me! Were there no "bare-bones" short term plan available, aimed primarily at younger healthier people, I’d have probably ended up paying up for the more expensive version. (Luckily I’m in a buying group now that gets me the $400 premium plan for closer to $200!)
Of course if all the health plans get this right then, while the risk pool will continue to fragment overall, more consumers will end up holding the bag. But it’ll eventually be a zero sum game for the insurers as they all have to figure out how play the risk-avoiding game as well as their competition, which will end up with all their risk profiles the same. Then they’ll have to think of the next bright idea to get a competitive edge! I smell consulting dollars….
CODA: Meanwhile if you want to know a little more about the games played by health plans to get the better risks, or perhaps to make sure that they don’t get stuck with the worst ones, take a look at this article that I swiped from Managed Care Week. (They don’t put out an online version but they sometimes reprint articles in AIS Health Business News.
Complaints filed by five state agencies against one of the nation’s largest insurance brokers offers a behind-the-scenes look at how insurers allegedly compensate brokers for steering insurance business.
Connecticut Attorney General Richard Blumenthal (D), Illinois Attorney General Lisa Madigan (D) and New York Attorney General Eliot Spitzer (D), along with state insurance commissioners in New York and Illinois, on March 4 said they reached a $190 million settlement with Aon Corp. for "soliciting and accepting kickbacks to steer business to favored insurers." The complaints outlined alleged payments made by health insurers including Aetna, Inc. and WellPoint, Inc. subsidiary Anthem Blue Cross and Blue Shield of Connecticut to Aon Corp. in order to win business from Aon’s clients.
The case never went to trial, and Aon said it admitted no wrongdoing or liability in the settlement.As part of the agreement, Aon CEO Patrick Ryan apologized and acknowledged that some Aon staff members engaged in improper conduct. But he also said he did not agree with several allegations in the complaints.
The settlement was unveiled five months after Spitzer filed lawsuits against a major broker and four insurers in the property and casualty industry. That suit kicked off a nationwide probe into how brokers are compensated for steering business to one insurer over another.
According to Blumenthal’s complaint, employers paid Aon a fee to select "the best insurance coverage for the best price." But Aon made it clear to Aetna, Anthem and other insurers that their products would not be selected unless the insurers made additional "back-door" payments that "were folded into the overall premiums paid," the filing said.
These payments — which Blumenthal derided as "kickbacks," — "have the potential to compromise Aon’s objectivity and improperly influence its brokerage and consulting decisions by directing business to insurers that pay overrides and withholding business from those that do not," the complaint asserted.
The complaint also charged that Aon did not report the commissions, overrides and other payments to clients, and pressured insurers to omit such payments from their reports to employers on Internal Revenue Service Form 5500 and other documents.Blumenthal’s complaint offered the example of Manchester, Conn., which paid Aon an annual fee of $14,350 to help it select health insurance for employees. The town’s request for proposals "specifically insisted that the winning broker only accept a commission from the town." Meanwhile, according to the complaint, Anthem was paying Aon over $1 million per year in various commissions, overrides and other payments. The complaint charged that "the steering evidently worked for, interestingly, Manchester, and every other Connecticut municipality that retained Aon Consulting for its health coverage, ended up with insurance from Anthem Blue Cross Blue Shield."
Aetna initially resisted paying override commissions to Aon, the complaint alleged. It quoted several internal Aetna e-mails and company managers. One e-mail said, "[Aon] made it clear that the lack of an override puts us at a severe disadvantage. That is evidenced by the fact that we haven’t written a case with them in several years." Another described a meeting in which one broker told the Aetna staff member, "You guys just don’t get [it], price and ease of administration is not the issue…it’s my compensation."
According to the complaint, Aon brokers said the solution was simple: Aetna should "load the rates for additional comp[ensation] and you’ll start to get the business. If the comp is right, they will sell the rates," according to an Aetna manager quoted in the Blumenthal complaint. "He told us to load our rates 5-10% (give him 1/2) and we’d get all his business."Such arrangements were successful, the complaint alleged. "As one Aetna executive put it, overrides have the potential to ‘take away the objectivity consultants are so protective of.’"
Blumenthal’s complaint indicated that Aetna eventually "began to adapt," developing payment structures that allowed the insurer to pay Aon commissions that were not reported to employers.
Brokers Allegedly Wanted Payments Hidden
The Connecticut complaint asserted that brokers continued to insist on concealed arrangements even as regulators stepped up scrutiny into commission payments. The filing quoted an e-mail sent by a broker to Aetna. "As the discussion around disclosure of override contracts heats up we want to position these as arrangements as profit sharing of the overall book and not tied to a specific account."
Spitzer’s complaint outlined similar experiences in New York. Herkimer County, N.Y., which purchases benefits for 1,000 employees, paid Aon more than $78,153 over a five-year period to help it buy "stop-loss" coverage for protection from catastrophic health claims.
"In 2001, the lowest bidder for the Herkimer business would have been [Excellus] BlueCross BlueShield," Spitzer’s complaint said. "But since the coverage offered by Blue Cross would not have generated a 15% commission for Aon Consulting, it never gave Blue Cross the chance to bid." When Herkimer eventually demanded that the Blues plan be permitted to bid on business, "Aon altered it [i.e., the Blue Cross bid] by adding the 15% commission without disclosing the change to Herkimer," it alleged.As part of its settlement, Aon agreed to create a $190 million fund to compensate eligible U.S. clients with policies begun or renewed between Jan. 1, 2001, and Dec. 31, 2004. It also promised to commit to "new business practices that include heightened disclosure of remuneration and the elimination of practices that may have posed conflicts of interest."
Anthem spokesperson James Kappel said he could not comment on the suits since Anthem was not a target. But, he added, "As a company, we do not engage in the practice of bid rigging or any other improper bidding practices. Any bonuses that are paid to brokers are based on persistency [the percentage of clients that renew coverage] and the growth of their overall book of business."
"Aetna firmly believes that disclosure of compensation arrangements with brokers is in the best interest of our customers, the broker community and the insurance marketplace," the insurer said. "In 2004, we began requiring brokers to inform their customers about compensation agreements, and we have recently published our expectations regarding disclosure of compensation on our Web site."
(Reprinted from the March 21, 2005, issue of MANAGED CARE WEEK)
HEALTH PLANS/PHYSICIANS: More patient confidentiality probs at SF Bay area institutions, with UPDATE
So not long after the mess with Kaiser and the Gadfly appears to be heading to a court solution, there are two more weird breaches of patient confidentiality both demonstrating that it’s not technology but the physical security of data and the dealings of employees that are the riskiest part of keeping confidential medical information confidential.
The first story is really strange. Apparently a contractor working for Kaiser had some patient data, and tried to recycle carbon paper for their fax machine at a local copy store. But instead of being recycled, somehow it ended up in the paper supply and was sold to another customer who discovered that instead of being blank, their fax paper had patient data from Kaiser and a Reno ambulance firm. In the end the customer returned it to the copy shop and no harm appears to have been done. (The full story is the second story here) But then again it just shows that this stuff can get out in ways that are hard to imagine, and perhaps every person handling patient date needs to buy a shredder. I know that I carried around patient date from my 1992 graduate thesis work and only got around to shredding it a few years later!
The other incident is more sinister, and again it appears that the health care organization, in this case San Jose Medical Group, did nothing wrong. However, someone broke into their facility and stole three laptop computers which had patient information and social security numbers on them. They don’t know if these computers were stolen as a target for identity theft, although they have written to all the affected patients asking them to check with their credit bureaus, or whether this was done just to steal the computers. But all the same, my source is one angry patient, and I don’t know whether or not this was a HIPAA violation. Here’s the police report.
All in all a reminder to health care organizations that electronic security is not enough. Incidentally if you steal my laptop you have to know two passwords to make it start-up and then work for you, and a third to get into my password storing application Roboform. I suggest anyone reading this who uses a laptop makes sure they are using the root password function that is available by hitting F8 (or a similar key) before Windows starts, and setting a system password required on start-up.
UPDATE: The SJ Merc has more info about this in a story today. While San Jose Medical Group officials seem to believe someone from the outside stole the computers because they were new, the police report doesn’t seem to mention a forced entry. And there’s no word on whether the data was secured with a password, although it appears not to have been encrypted. It does seem that given that a laptop by definition can be mobile (and therefore easily lost), sensitive data should either be encrypted or somehow electronically secured within it.
HEALTH PLANS/POLICY: Another terrible patient story
Paul Martin has a terrible story to tell of how his health plan let him down badly, and how the health care system is stopping him getting what seems necessary care. I of course only have his word for all this, but at THCB we from time to time try to remember that health care is about real patients with real problems. And Paul certainly fits that description:
Here is a summary of some of the things I’ve experienced in dealing with our health care system over the past 12 years. After a major health insurer (“MHI”) bought out my school district’s insurance in 1998, they permanently terminated the one benefit which, at the time, appeared to be allowing me to make slow headway against MPS — the rare disease with which, it would later turn out, I had been misdiagnosed.
Every mediator, doctor, and lawyer who looked at my policy’s language agreed that the provision cited by MHI to justify its termination did not do so. The doctor trying to prescribe the treatment was one of the world’s leading authorities on MPS. My local specialist, a participating provider with MHI, wrote two forceful letters on my behalf, terming MHI’s decision against me "arbitrary."
MHI nevertheless terminated the benefit.
When, as a last resort, I started calling law firms, the first three I called couldn’t help because they were already being retained by MHI. Hundreds of letters and calls later, it became clear that no lawyer was going to take my case. Lawyers know the legal deck is stacked against them when it comes to defending patients against insurance corporations. Examples: boilerplate policy language that explicitly allows medical directors to overrule the treatment decisions of patients’ doctors. The deep pockets of insurance corporations that allow them not only to retain outside law firms, but their own legal staffs.
Two outcomes of MHI’s decision: 1) I became an "HMO refugee" – forced out of my job and out of my home state. Most of the school districts in my region were insured with MHI. How could I remain employed in a situation where I was covered for everything except the one treatment that all my doctors were recommending? 2) Watching my condition deteriorate, I took half my life’s savings and spent them on an experimental therapy with a good reputation that was less expensive than what my doctors wanted. The three weeks of therapy caused irreparable harm.
About a year ago, after experiencing increasing difficulty keeping outpatient appointments, I was permanently hurt on 2 out of 3 of my last doctor visits. My neuromuscular condition had become too fragile to allow safe transport by any means. Ever since, my family and I have been trying to arrange for physicians to come to my home. During this time, what began as a slightly impaired ability to take walks turned into the complete loss of that ability, then the loss of the ability to drive. By now I am only able to move about the house with a shuffling gait, and must spend increasing amounts of time in bed to alleviate pain.
As one example of the obstacles to home care that we have faced here in Delaware County PA (a suburb of Philadelphia): Delaware County Visiting Physicians does not accept Blue Cross/Blue Shield, only Medicare. I was granted Medicare as part of my social security benefit. However, social security does not allow the benefit to become active for two years.
Although my primary symptoms are soft tissue wasting and pain, I cannot receive pain medication. Federal law prohibits even immediate family members who are carrying the patient’s identification from obtaining pain scripts for the kind of serious (morphine-based) pain medication doctors were prescribing for me when I could still function as an outpatient. The patient either goes to the pain specialist’s office – at a minimum, every 30 days – or does without. (I worked as a school counselor for 23 years and have zero history of substance abuse, addiction to any drug, or even recreational drug use.)
The condition underlying my tissue wasting, severe osteoporosis, peripheral neuropathy, and a few enigmatic skin lesions "consistent with Sarcoidosis," remains unidentified.
Over the course of 12 years, I have proceeded from one specialist to another, usually at my own initiative. I have learned that a patient with an unusual and complex condition, arriving with the 50-page abridged version of his medical record, seldom receives more than the usual 10 minutes. There has never been a coordinated effort among specialists to reach a diagnosis or treatment recommendations. The minimal communication that has occurred among them has almost always been at my initiative.
In brief, a corporate dominated system of health care has no financial incentive to spend the extra time and resources to care adequately for patients falling outside the "best practices" box designed to meet the needs of the many. That’s where the money is.
