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PHARMA: Brutal news for Merck

The jury in the first Vioxx trial has found Merck liable for the death of the patient by arrhythmia. Merck had to fight this one as it didn’t even seem to be the kind of heart disease that those people who did get heart disease in the VIGOR and other studies died from.  But they lost, and the jury awarded $253.4m.  Where they got the .4 from I’m not sure, but that’s a hell of a lot of punitive damages.  Guess that "Dodgeball" memo was pretty expensive in the end.

So if you play out the math there are an alleged 56,000 deaths from Vioxx. So if every 4 death’s costs Merck  $1 billion, then they owe some 14 trillion dollars.  That somewhat exceeds the gross national income of the country, so perhaps this amount might be reduced on appeal!

Mrk1yr But either way the recovery that Merck stock’s had since Vioxx was pulled last year is absolutely over for now. And it’ll probably be headed lower than today’s close (as usual wish that I’d bought some put options as they were expiring today!)

Here’s today’s action. Mrktoday Not exactly pretty.

THCB: Podcast question

Did anyone download the podcast into their MP3 player?  If so did it download once or twice?  (I’m trying to figure out if there’s a slight problem in the code).  Any other comments please let me know, before I launch this as a regular feature.

And I’ll be the interviewee of a podcast soon for the Journal of Medical Practice Management…(and yes Ron I’ll be talking about high-deductibles and HSAs). Details when it’s out, but here’s the RSS feed if you want to point your aggregator at it..

PHARMA/POLICY: Part D Sponsors Brace for Intense Competition for Seniors

And you thought that Medicare Part D was a big giveaway to the drug companies and PBMs…. 

Well this article in AISHealth.com’s Managed Care Week suggests that Part D sponsors are gearing up for intense price competition to recruit seniors and that the PDPs (participating drug plans) who will do best are those health plans that understand how to take risk.

That’s a little odd as my understanding of the PDPs’ role in part D for the first couple of years was that if they lost money the government would make up the shortfall. Of course if that’s not the case and they do lose money we could see a repeat of the stampede out of Managed Medicare of the late 1990s –not something the Administration would like to see given how confusing the Part D benefit is in the first place. To be fair I can’t find any references to who’s really at risk, and whether losses by plans will be covered if participants drug costs exceed their premium income.

If anyone does understand this, please add your wisdom into the comments! Here’s the official CMS site.

POLICY: Jill Quadagno on “A critical national competitiveness issue”

The Oxford University Press in the US has its own blog. Who knew? As a Cambridge man I shudder at promoting anything from the dark blue side of the British divide, but Jill Quadagno (who’s book on why we don’t have national health insurance was reviewed by Jonathan Cohn and mentioned in this earlier THCB post) has written a piece on why she believes healthcare is a critical national competitiveness issue". I’m not sure I really buy that argument too much — the US is too strong in some industries and too weak in others for the 15% labor cost differential that health care makes to be too big a deal overall–although obviously it makes some difference at the margin as to where GM will put its next car plant. It does seem to me that their overall problem is that they stopped making great cars in 1969.

Cam69What is more important, I believe, is that a dollar spent on health care is a dollar not spent on education, alleviating homelessness, conserving energy, etc, etc (although apparently not one also not spent on invading Iraq, running a punitive war on drug users, or building more and more prisons) — so that we should be wondering why we are spending so much on health care, and wondering what we are getting for that spending.

And as I’ve said many times in THCB, the existence of uninsurance means that there is the opportunity for the health care system to force those who can’t afford it out of the system, and therefore enables the system as a whole to increase its costs without having to be concerned about the overall impact of this price effect. If there was some mechanism by which the extra costs were capped within the system, without the safety valve of uninsurance, life would be very different. And that’s why solving the uninsurance issue is also the solution to solving the cost issue.

POLICY: Review of One Nation Uninsured

And while we’re making such a fuss about Jonathan Cohn this week, he has a book review out of One Nation Uninsured, by Jill Quadagno. Not having read (or even heard of) this book which is a history of why universal insurance reform has failed in the US, I can’t comment much on it, but the story as relayed by Cohn is more or less true. Every time reform gets close one special interest or another kills it, and nothing ever gets done because the voting public perceive the reform to be a income transfer from them to poorer people.

Some people are working on the first issue (Brian Klepper’s group, the Center for Practical Health Reform is one), trying to get the industry as a whole to realize that the Titanic is headed for an iceberg, and that some level of reform is needed that will stop the attempts by providers and suppliers to find the ever expanding frontier and make us all live happily together within our borders. But I don’t hold much faith in that.

I do, though, think that the next time around, the pressures on the voting public are sufficient that enough of them might identify with the UN- and under-insured that a universal plan might sneak through.  But that does mean that things have to get pretty bad over the next 2-8 years for that to have a chance.  But then again, as was reported by the team at UCLA, California is on its way to having less than half the population with employer-based insurance. If that trend keeps playing out, and everyone else is getting only a high-deductible plan, middle class discontent may just be bubbling up enough for real change to happen.

HOSPITALS: Consultant in hospital facility management needed

A colleague of mine needs someone to help in a consulting gig his organization is doing for a hospital facility management organization. They need someone who understands hospital facility management to guide them in figuring out what the key metrics are, what data the metrics come from, and what the business impact of moving those metrics might be. If that’s you or you know someone who it might be, please *******@*********lt.net“>email me.

POLICY: Crossing state lines with unaccompanied healthy people

LeftnavcoverThe Kaiser Family Foundation reviews The New Republic’s Jonathan Cohn’s piece (now directly linked)about the Shadegg bill which would allow the purchase of health insurance across state lines. Here’s their description of Jonathan’s piece pulled verbatim:

A bill (HR 2355) that would allow U.S. residents to purchase health insurance in any state serves as a "vivid example" of Republican efforts to provide U.S residents with more "choice," but "what conservatives in this country never mention is that giving us these new choices also means taking something away — typically, programs that make us more secure," Jonathan Cohn, senior editor at the New Republic, writes in an opinion piece. "At first blush," the legislation, sponsored by Rep. John Shadegg (R-Ariz.), "seems utterly sensible," in part because it would allow residents to "shop for insurance the same way they should for consumer goods," Cohn writes. However, he writes, health insurance "isn’t just another sweater you can return to L.L. Bean if it arrives with holes in it," and residents "won’t have somebody to warn them if they are about to purchase a defective policy." Cohn adds that the bill would "flood consumers with new options, overwhelming the regulators, many of whom already feel undermanned in the fight against scam artists." In addition, the legislation would eliminate state regulations that require health insurers to cover "cancer screening, psychiatric treatment and other services that most Americans rightly deem essential," he writes. According to Cohn, the bill would leave some of the sickest residents with "no choices at all" for health insurance, and state high-risk health coverage pools would prove "woefully inadequate" to address their needs. The "best way to fix" the U.S. health insurance system is to "create one big pool of beneficiaries through some kind of universal health insurance system" that would allow residents to select from "well-regulated private health plans" or from all physicians and hospitals under a system that "bypasses insurance companies altogether," Cohn writes. He concludes, "Those aren’t the kind of choices that conservatives want to give Americans, since they happen to require expanding government. But they’re the kind of choices Americans would appreciate the most" (Cohn, The New Republic, 8/22).

Jon hits at the two problems with these bills. a) Fraud and how state insurance departments are relatively helpless/hopeless now — so just wait till they have to try to figure out what’s being sold locally by the bad guys from Topeka (or wherever), and b) (my main bugbear) how those states who do have some minimal attempt at community rating will find those insurance risk pools utterly destroyed when consumers find that they can bay a bare bones plan, which in the small print is licensed in Nevada (or wherever).

The problem of course which John mentions but doesn’t really drill into is how this would turbo-charge underwriting. Only those who pass muster would be accepted by these plans, and if they figure out that you may be sick or ever met a sick person or a doctor before, then you’ve got no chance. Even in guaranteed issue states (like California) health insurers currently can and do medically underwrite you, making premiums for the exact same benefits for people with pre-existing conditions or a history of prior surgery go up by a factor of maybe six and maybe twenty. See here for more evidence about that.

So effectively in Shadegg’s world the individual and small business market would fall into two camps. One for healthy people with high deductible cheap plans that they never use, and one for the sick and increasingly uninsured. And we’re seeing from new data on California out today from UCLA, that even without Shadegg’s help the number of people with employer-based insurance is falling very fast (leaving it to the taxpayer to pick up the pieces).

The only possible stop to this legislation may come from the rest of the health care industry. A health plan that operated within one state and had a hard time moving may not like this bill (or the AHP alternative for small businesses) very much. Some of those health plans are a certain color, and we’ll see how much clout they have with their state’s senators when this bill gets to that august body later in the year. Meanwhile, you know why my credit card can charge me 35% interest despite the fact that California has a law banning "usury"?  Well that’s because my credit card comes from the banking mecca of South Dakota. Think about the equivalent of that in health insurance.

CODA: Incidentally, this news service from Kaiser Family Foundation and several like it (including California Health Care Foundation’s) is provided by the The Advisory Board Company. Kind of funny that they’re running a left wing piece, from an editor who’s opinions most of the health care system (i.e. their clients) probably disapproves of, when they have probably made the most pure profit off the current health system of any single firm. But don’t start me on my criticism of "The Grand Alliance" again….and anyway, I guess I have the same issue (without the profit or potential ownership headaches that go with a major league baseball team).

BLOGS/TECH: Quick appeal for tech savvy

This is a quick appeal to my more technically savvy friends about something that REALLY annoys me. Let’s say I’m on a web site and I want it to open another page or save what it’s done (e.g. if I’m writing a post like this using a web based program like Typepad which authors this blog). I, being impatient and being done with that task for now, save it, and wonder off to my Outlook and start say writing an email.

Meanwhile the web site in the background has done its thing (opened, or saved what I wrote, or whatever) but instead of staying in the background it decides to come back into the foreground, meaning often that what I am writing now — in the unconnected email — appears in the web site, or at least does not appear in the email, word document or whatever else I was doing.

And it’s not just the browser (although that’s the most annoying) — Outlook is just as bad. It can take forever for an email to open, or I can open a web site from an email which takes even longer, and it will present it to me in the foreground even though I’m by now onto the next email or doing something else.

So is there any way to STOP functions like that which are running in the background from presenting themselves in the foreground when their task is finished, and for me to be able to go to them at a time of MY choosing not theirs?!

Please make any suggestions in the comments (or ask for more explanation) but this is driving me batshit.

INDUSTRY: What would you read?

0465079350_1So I got an email from a student asking for a basic primer on the US Healthcare system. He’s at Northwestern, so I might recommend him Edward FX Hughes as a go to guy. But my two favorite books about health care are The Social Transformation of American Medicine (by Paul Starr) and Demanding Medical Excellence (by Michael Millenson). Neither are exactly beginner material. I was originally quite taken 15 years ago with Joe Califano’s America’s Health Care Revolution, but that’s pretty dated now.

Given that I haven’t written the definitive work myself, and that Jon Cohn hasn’t finished his book yet, what would you suggest as a great introduction? (Yup, this is an open thread…). And are there millions of students just waiting to buy such a book if I write one? (Publishers wishing to send advances, please email me!!)

POLICY/BLOGS: Interesting Mass. policy by Abby, and new blog

Promoted from the comments, regular contributor Abby writes an interesting piece about the movement in Massachusetts to get to universal insurance there via some kind of Medicaid expansion coupled with pay or play. Meanwhile definitely check out the blog written by the guy behind the Health Care for All coalition in the Bay State…..and I know what you’re thinking — they got the Superbowl Champs and the World Series winners, why should they get any more favors:

Romney_hannity_colmesWhat Mitt Romney advocates is barely relevant to the debate in Massachusetts. There’s a veto-proof Democratic majority in both houses, and it looks like Romney won’t be running for re-election. He hasn’t officially announced anything yet, but he did write an op-ed saying that he thought that Roe v. Wade should go and abortion policy should be returned to the states. Hardly a popular position in Massachusetts. I haven’t heard much from Romney advocating for Medicaid expansion. His current thing is to require people to buy stripped-down policies.

There is a coalition of groups called MassAct which is trying to expand MassHealth considerably. They are hoping to get the legislature to act, but they are organizing behind a ballot initiative. There are 4 proposals on the table.

Their goals are

*Expanded coverage for low-income individuals and families through MassHealth.*Providing assistance to middle income, working individuals and families to purchase insurance.*Offering assistance to small businesses to help them pay the premiums for their employees.*Requiring employers to either provide health coverage or pay a fee to the state.*Creating a new state quality/cost leadership council

The pay or play thing could be challenged under ERISA, but they are structuring it as a rebate for spending on healthcare, and businesses with annual payroll less than $50K are exempt. They plan to pay for this through the employer assessment and by raising the cigarette tax.

There is some talk of cutting the free care pool assessment on suburban hospitals to get them behind it. They also want to raise the reimbursement rates. The thinking is that the private patients are covering the cost of current MassHealth patients, and that this is driving up the private insurance rates forcing more people into uninsurance.

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