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POLICY/POLITCS: Clintoncare — a quick review

Following my piece on Hlillarycare and why it failed, Martin Goldsmith wrote to me with a slightly more comprehensive review of everything that happened. This is from a article submitted for the forthcoming 11th Presidential Conference — William Jefferson Clinton @ Hofstra University. Martin is a Philadelphia hospital system veteran who was President of National Association of Urban Hospitals during the time in question.

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The climate never looked more ripe for reform than it did in 1993.

Relatively unknown Democratic candidate Harris Wofford beat popular former Governor Dick Thornburgh in the 1990 Senate race in Republican-leaning Pennsylvania on healthcare reform platform – not a lot of specifics but  “everyone deserves a doctor” got the job done .The recession of the late 80’s/very early 1990’s caused middle class suburbanites to fear the loss of health care coverage. This anxiety soon was evident throughout much of the country.

With the election of Clinton, in part, on a health reform platform, there was an air of inevitability. In, fact, it was near impossible for any group to oppose broad-based health reform and few did.

For the first time, The American Medical Association, U.S. Chamber of Commerce, Republican Senate leadership – i.e. Bob Dole, supported universal coverage and employer mandates.

While my paper focused on the Clinton healthcare legacy, it was impossible to explore that legacy without substantial exposure to the views of assorted scholars, pundit/journalists and former administration insiders as to the reasons the Clinton Administration failed:

The content is borrowed – the categories are mine

  • There really was a right wing conspiracy – immediately after the Wofford victory, Newt Gingrich began organizing to stop the Democrats (this predated Clinton’s nomination) from successfully sponsoring health reform. He feared if they owned it, the political boost would rival the decades long benefit they enjoyed from the New Deal
  • The Task Force was a huge bust
    • The anti- feminist reaction to Hilary’s appointment to lead the Task Force
    • Ira Magaziner was a kook, there was too much secrecy, the endeavor was too academic and theoretical and it took far too long
    • The Reform Task Force excluded and demonized key stakeholders – Republicans, drug companies and others almost insuring their opposition
  • In the end there was insufficient popular support
    • The economy improved – the middle-class’s fear dissipated
    • The middle class, with the help of the Clinton’s opponents, feared increased taxes to pay for the health care of the uninsured.
    • The fear of government involvement – the old socialized medical argument – the risk of the loss of privacy
    • The scandals – Whitewater, Troopergate, …caused the President to lose influence with Congress and the public
  • What did you expect, health reform was the 3rd most important domestic priority for the American people?
  • The packaging of health care as an inalienable right didn’t resonate with the public

  • The Practical Realities
    • The health care system may simply be too large & complex to really achieve a complete overall. For sure, the solution was too complex.
    • The passage of the deficit reducing/tax increasing first Clinton budget consumed too much political capital
    • The whole thing took too long. There were too many obstacles…from the illness and subsequent death of Hilary’s father to Somalia, Haiti, NAFTA…..
    • The power of the special interest groups on the Hill was too great.

  • Political Missteps
    • The Administration didn’t work with Congress soon enough. A little party unity would have gone a long way.
    • The timing was terrible; welfare reform should have gone first
    • The opponents ran a better campaign – Harry and Louise resonated with the American people. The Administration’s proposal had supporters but no real champions

“Medicare” expansion — the simpler, most obvious approach — was largely ignored!

POLICY: The War On Pain Doctors gets to the big time

NY Times Op-Ed columnist John Tierney (the guy who is the replacement for long-time conservative columnist William Safire) has written two excellent articles; one on the war on patients and one on pain doctors — basically exposing the DEA for the corrupt, vicious organization that it is. I’m very glad that this issue is getting off the more limited pages of the anti-drug war crowd’s blogs and into the mainstream.  I have posted about this on THCB plenty of times, but it’s great that it’s getting more mainstream.  What’s tragic is how bad things have become before the major media in this nation has noticed at all.

If you are in the least interested in this issue — and if you are about health care and/or freedom you should be — I urge you to visit the Pain Relief Network site, to see Radley Balko’s excellent posting on the Karen Tandy, the head of the DEA’s pathetic response to his earlier article, to see Ron Libby of Cato’s long article on the subject.

And finally, why has the AMA not gotten involved? This is a national medical disgrace (so much so that my venerable surgeon father has sent money to William Hurwitz MD’s appeal fund).

POLICY: Data on abortion

So the next Supreme Court justice has been announced and women’s right to choose about their own reproductive health will likely be substantially reduced, according to NARAL which really doesn’t like Roberts. Given that an interesting study was released today about the number of abortions in the US. The data shows that abortion rates fell dramatically over the 1990s.

In the year 2002, about 1.29 million women in the U.S. had abortions. In 1990, that number was 1.61 million…. for every 1,000 pregnancies that did not result in miscarriage in 2002, there were 242 abortions. This figure was 245 in 2000 and 280 in 1990.

In other words despite the rumor that abortions have gone up in number under Bush, they’ve stayed about the same overall (assuming a little population growth) and actually gone down per capita in the last few years — but not in a significant way. The really big change was from 1976 to 1990 when the numbers went up, then from 1990 to 2000 when the numbers went down.

I’m no expert on this issue and I tread very gingerly here, but doesn’t that at least somewhat imply that Clinton’s removal of the gag orders imposed by Reagan and Bush didn’t increase the number of abortions, but was some part of reducing them?

But the fact remains that some 20% of pregnancies end up in abortions. On a wider level that implies to me that we do a shitty job of helping women who don’t want to be pregnant from becoming pregnant. Given that we’re known how to do that since the 1960s, shouldn’t we be doing better?

Using these international data I found on this New Zealand government website, it seems that we are not doing as well as other countries in this aspect of our health care too.

Abortion ratios (abortions per 1,000 live births plus abortions) provide an alternative international comparison. The latest abortion ratio for New Zealand (223) is above that for Japan (217), and is lower than those for England and Wales (225), Australia (264), Canada (242), Sweden (258) and the United States (259). International comparisons are, however, affected by both coverage and laws relating to induced abortion. Consequently, the comparisons between New Zealand’s and other countries’ abortion experiences should be interpreted with caution.

Abortionrates

The chart above (purloined from this article from the British Medical Association) suggests that some countries have done better, and of course it’s no surprise that the Dutch who have full reproductive rights along with comprehensive sex education, come out on top.  Apart from of course the Irish, where abortion is illegal — so their numbers are probably pretty dubious.

But overall, no one is doing too well. We are sadly a long way from "safe, legal and rare" and likely to be further from there after last night’s decision.

POLICY/POLTICS: Why Hillarycare failed…and what we need to learn from that failure

This is the continuation of an article I’ve threatened THCB readers with for some time about what in my view really happened the last time we got serious about health care reform.  And in it there are lessons for what we should do when the opportunity next comes up. (It’s also really long, so for the first time over here I’ve continued it “below the fold”)

There are lots of versions about what killed the 1993-4 health care reform effort.  Hillary Clinton has now decided that the problem was the lack of incrementalism in her plan.  Last week the New York Times said that since becoming a Senator:

She has deliberately avoided the major mistake she made as first lady, namely trying to sell an ambitious plan to a public with no appetite for radical change. <SNIP>. She summed up her approach in the first floor speech she delivered in the Senate about four years ago, when she unveiled a series of relatively modest health care initiatives. “I learned some valuable lessons about the legislative process, the importance of bipartisan cooperation and the wisdom of taking small steps to get a big job done,” she said, referring to the 1994 defeat of her health care plan.

On the other hand, some people are still claiming victory for the plan’s defeat even if they were at most modest bit players.  Here’s what one fawning bio says about former New York Lt Governor Betsy McCaughey

A 35-year-old senior fellow named Elizabeth McCaughey…wrote an article for The New Republic on what she discovered in a close reading of the 1,431-page document containing the Clinton Health Care Plan: Namely, that it would put every citizen in a single government-operated HMO. That one article shot down the entire blimp, and Betsy McCaughey became a 35-year-old Cinderella. One of the richest men in America chose her as his wife, and George Pataki made her lieutenant governor of New York.

Ignoring the fact that McCaughey spent her time thereafter putting poor New Yorkers into those HMOs she so despised, and then went off the deep end en route to divorce from Pataki, the rich guy, and reality (not necessarily in that order), it’s not really true that one article in The New Republic can be quite that influential. (Sorry Jon!).  Even if the overly geeky Clintonistas in the White House did feel that they had to come out with a point by point rebuttal. And anyway, the article only came out in January 1994 by which time the die was more or less cast the other way. Again we have to look elsewhere for the explanation.

If you want to go back and spend a few minutes wallowing in the era of trial balloons and secret task forces, there’s a very interesting time line of the whole process on the NPR website, as well as a briefer information over at the Clinton Health Plan Wikipedia site. It seems like there was a moment when it could have succeeded, and indeed there may well have been. What has been missing from the whole discussion over multiple blogs over the last couple of months has been the understanding that there’s a real world outside Washington and that sometimes (but not too often) what’s going on there has an impact inside the beltway.

Continue reading…

PHARMA/POLICY: Quick Plan B update with UPDATE

For those of you still playing along at home, it now looks like the FDA is going to make a final decision on the status of Plan B by September 1. So that should get us to a confirmation of Crawford as FDA Commissioner soon thereafter, although if Plan B is over-ruled I doubt whether the Democrats holding up the confirmation will be best pleased.

Meanwhile one of my dinner companions last night (can you guess the gender?) scoffed at the need for Plan B anyway, saying that if you just take 3-4 normal contraceptive pills it works exactly the same way. I timidly pointed out that if a woman had contraceptive pills lying around the house she probably wouldn’t need Plan B in the first place.

UPDATE: Late Monday Crawford was confirmed as commissioner.

POLICY/QUALITY: A good round up of lefty propaganda, and Berwick gets a gong

The Christian Science Monitor has a quick diatribe on what a mess health care is, and how the HSA/CDHP movement will be a five to ten years distraction before we end up at some type of universal coverage/single payer.  The article is called Why the healthcare crisis won’t go away and is definitely worth a read as it pretty much encapsulates my views on the matter.

Meanwhile those of you who think that we need an Escape Fire will be amused to know that Don Berwick was given a Knighthood recently. Two quick explanations for you non-limeys. No he can’t call himself "Sir Donald" — you can only do that if you are a Brit (Hence "Sir" Bob Geldof isn’t).  Second, no it’s not in the least likely that the Queen picked him out of a line-up — these awards are nominated by the government, and its just an indication that the quality/pay-for-performance crowd have had quite a bit of influence across the pond.

PBMs: Just to keep you up to date, with UPDATE

We haven’t heard much about the plans that will end up being the Medicare Part D quasi-PBMs. These are known in CMS-speak as the Participating Prescription Drug Plans [PDP], and they’re going to be selling plans/enrolling seniors and then administering their benefits similarly to the way that PBMs do it for the private sector now. The first enrollment date is November 15th. I looked diligently in this CMS document advising the plans but I couldn’t tell when the applications to qualify had to be in by, but suffice it to say that they are well under way and CMS will presumably soon be announcing which plan is up in which area when.

On the other hand if (as we can assume they will) the current PBMs get into this game, they may have to think twice about continuing some of their business practices. Caremark, for example, is facing even more whistleblower suits about reselling returned stock. Supposing that the Federal government is now the end customer, I suspect some clean up needs to go on across the PBM industry which has sailed very close to the legal wind in recent years and has several state AG suits in process to show for it.

UPDATE: Promoted from the comments, (thanks Matt!) Forbes ran an article last month that I missed on how and why the scams will increase as Medicare Part D takes shape. It’s really worth reading the whole thing. As my old boss Ian Morisson use to say, a claim is an agreement made between a doctor and a patient to defraud an insurer!

POLICY: New York Medicaid fraud

While I’ve been ragging on Florida, the NY Times has noted something we’ve all known for a while — New York’s Medicaid fraud may reach into the billions. Given that New York’s Medicaid program spends more in total and way more per capita than California’s, the tricks going on within the system there have been going on a long time.

The Industry Veteran comments:

Of the $44.5 billion annually spent on the program, sources tell the Times that as much as 10% is diverted to fraud and abuse. I quote here what I consider to be the article’s key paragraph:

"The lax regulation of the program did not come about by chance. Doctors, hospitals, health care unions and drug companies have long resisted attempts to increase the policing of Medicaid. The pharmaceutical industry, which has spent millions of dollars annually on political contributions and lobbying in Albany, has defeated several attempts to limit the drugs covered by Medicaid; other states have saved hundreds of millions of dollars annually with such restrictions."

I can’t say that this is exactly surprising news and I eagerly look forward to indictments of numerous physicians, hospital administrators and pharmaceutical company vice-presidents. I have written before in THCB my opinion that a large percentage of physicians are amoral, sociopathic mafiosi who lack even the charm of a Tony Soprano. When these “made men” (and women) join forces with the truly narcissistic psychopaths who run our Big Pharma companies, corruption on a scale of the Tweed Ring remains inevitable. I can see why Frank Rich and others refer to the U.S. under George Bush as a new Gilded Age.

PHARMA/POLICY: Medicare Part D

This is a complete cop-out as I’m still hacking away on my Hillarycare piece, and haven’t even read this, but the article in Health Affairs called Riding The Rollercoaster: The Ups And Downs In Out-Of-Pocket Spending Under The Standard Medicare Drug Benefit looks pretty interesting and I think suggests that we have an ongoing spending problem emerging in Part D even before it hits!.

Does one of my contributors care to read it and review? (email me for a Health Affairs pw if you haven’t got one)

POLICY/POLITICS: The evolution of Hillary Clinton and the failure of reform in 1993 (TO BE CONTINUED)

I have been meaning for some time to write about what really happened in 1993-4.  But I’m finally going to get off my duff (or more accurately) sit on my diff and do it because of the close to ridiculous rubbish written in an article called The Evolution of Hillary Clinton in Wednesday’s New York Times. But as that’ll take me a little while, I’m reproducing the key part of the argument about health care here:

No other policy issue defined Mrs. Clinton in the 90’s as starkly as health care. Not only did her effort to establish universal health insurance end in embarrassing defeat for her husband’s administration, but it also emboldened Republicans and contributed to the notion that she was a big-government liberal. More then a decade later, it is clear that that experience has profoundly altered her approach now that she is a member of Congress.

She has deliberately avoided the major mistake she made as first lady, namely trying to sell an ambitious plan to a public with no appetite for radical change. Over the last four and a half years, she has stuck to a host of more modest initiatives, apparently mindful of the political perils of overreaching. She summed up her approach in the first floor speech she delivered in the Senate about four years ago, when she unveiled a series of relatively modest health care initiatives.

"I learned some valuable lessons about the legislative process, the importance of bipartisan cooperation and the wisdom of taking small steps to get a big job done," she said, referring to the 1994 defeat of her health care plan. She has not completely discarded her 90’s view that there is an urgent need to overhaul the way health care is delivered in the nation. In fact, she has not been shy about embracing proposals that might be seen as liberal in some quarters, like seeking to provide medical coverage to everyone living in poverty.

But on the whole, Mrs. Clinton, who has served in a Republican-controlled Congress for most of her tenure, has assembled an agenda with practical-minded initiatives that appear to be aimed at the political center.

Perhaps one of the most notable is one that drew support from unlikely quarters: Senator Bill Frist, the conservative majority leader from Tennessee, and Newt Gingrich, the former House speaker who had a major role in defeating her health care plan in 1994.

The bill these three embraced seeks to encourage greater online exchanges of medical information among patients, doctors, medical insurers and other health care experts. Mrs. Clinton has argued that such an approach would, among other things, reduce medical errors resulting from poorly kept paper records and reduce the number of costly malpractice suits.

She has denounced the "contagion" of sex and violence in children’s entertainment, apparently attempting to move the issue beyond the question of morality and values, where Republicans have long held a political advantage. Citing studies indicating that graphic images of violence lead to more aggressive behavior among children, she has cast the problem as a health issue that amounts to an epidemic and requires a vigorous response from public health officials.

Her longtime focus on children’s health has also continued through her Senate service, most notably in the passage of legislation she sponsored ensuring that prescription drugs approved for adults but prescribed for children be tested for children.

I’ll be back later to explain why Hillary Clinton doesn’t understand what went wrong in 1993-4 and why that may have some big time implications if she is the candidate in the game of "continue the dynasty" that we’ll be playing in 2008 or 2012.

Meanwhile, read the full article

To Be Continued

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