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PHARMA: Drug re-import bill moving into the Senate

Just a tickler update about a process that I’ve reported on enough and which has been rolling for a while, a bi-partisan group of Senators who’s staffers can read opinion polls have introduced a bill to allow Canadian imports. Meanwhile, despite some hysteria from the right in Canada, prodded by their fellow-travelers south of the border, the Canadian government has denied that there’s a shortage of product at home.

    David Mackay, executive director of the Canadian International Pharmacy Association, said Canadians are “not at all losing drug supplies needed for Canadian residents. Those who say so are fear-mongering.”

Fear-mongering? About a health care issue? Well, just imagine that!

BLOGGING: New Healthcare Blog

Go say hi to John Rodat at Health Signals New York. It’s an excellent health policy blog that I found today, even though it’s been around for 3 months. Plenty of interesting stuff, with a large concentration on New York issues and the closely related issue of Medicaid. (New York has by far the most expensive Medicaid program in the nation, exceeding California’s on an absolute level).

Today John has an article on the Medicare chronic care DSM initiative (which is great as it means I don’t have to write one!)

PHARMA: TAP trial starts today, by MATT QUINN

The trial of TAP officials accused of defrauding Medicare over the sale of the cancer drug Lupron starts today in Boston. Matt Quinn isn’t sure that the blame is falling entirely where it should:

    Although “two health plans, 26 group practices, and 25 individual doctors from Massachusetts to California were offered or took bribes, including cash, free drugs, Red Sox and Yankees tickets, and trips to swanky resorts, according to a list of “kickback transactions” filed in US District Court in Boston…None of the medical professionals face charges in this trial.”

    It appears that federal prosecutors are using tactics from that other drug war in their efforts to root out corruption and fraud in Big Pharma: get the minor criminals to “turn” in order to land the “big fish”. But there is a fundamental difference between the two scenarios. Big Pharma sinks to these lows BECAUSE medical “professionals” demand it of them (for example…):

    “In documents supporting those charges, prosecutors asserted that Lahey Clinic officials agreed to continue prescribing Lupron only if TAP offset the clinic’s cost by about $100,000 by paying for a Christmas party, golf tournaments, and seminars and for providing free drug samples.”

    “At Yale-New Haven Hospital, the documents say, the urology department in 1999 asked for and received $10,000 from TAP to fund a seminar after threatening to switch patients from TAP’s prostate cancer drug Lupron, to a less expensive competitor.”

    “A urology practice affiliated with the former New England Deaconess Hospital in Boston also played TAP against its competitor and from 1995 to 1998 received 111 free doses of Lupron, worth at least $400 each, according to the indictment and kickback records. The doctors prescribed the samples to patients and billed Medicare for the full cost of the drug, turning the samples into a cash kickback…”

    Oh, and street drug dealers don’t agree to the Hypocratic Oath…

    Of course, this kind of kickback / fraud is largely a moot point if the government/payers quit paying for injectable drugs…

QUALITY/MALPRACTICE: Questioning the accepted wisdom in Pennsylvania

In a slightly embarrassing article for the local state medical society, an article in the Allentown Morning Call suggests that stories of doctors leaving the state because of the malpractice crisis in Pennsylvania are massively exaggerated. Now this is in a state which has raised tobacco taxes to provide public money to pay physicians’ malpractice premiums, because of said crisis. However, the source for this information was organized medicine itself:

    The state medical society’s own statistics — never before disclosed publicly — show a gain of 800 doctors statewide from 2002 to 2003.”I would be willing to admit up to an 800 physician gain since 2002,” said Steve Foreman, who runs the society’s research department. ”But if we’re trading experienced specialists for general practitioners, we have a problem.” Yet here too state statistics show that the specialists hardest hit by rising medical malpractice rates are not leaving in large numbers.The number of neurosurgeons, general surgeons, ob-gyns and orthopedic surgeons in 2002 was 4,721, as measured by doctors who paid their insurance premiums. The number of those same specialists who applied in February for the state’s relief money: 4,665. That’s a loss of 56 specialists, but even 56 may overstate the situation.

Overall the article essentially says that the doctors have sold a bill of goods to the state and that their demands for immunity from lawsuits are invalid. The medical society has responded by saying that experienced older specialists are leaving and are being replaced by newly trained physicians (via Modern Physician):

    In addition, the society said Foreman “cautioned the reporter that Pennsylvania has seen a temporary increase of more than 1,000 doctors in training during the past two years that are included in the total number reported by the newspaper.” Meanwhile Pennsylvania’s licensing board for physicians indicated a drop of approximately 1,400 licenses during the same year the reporter used, the society said. Instead, the reporter chose to ignore the data, resulting in an apples-to-oranges comparison, and creating the erroneous impression that there was a significant increase in actively practicing physicians.

Positioning myself in the neutral ground between the crowd at MedRants and Ross the Bloviator (plus my own contributors Matt Quinn and The Industry Veteran), I end up feeling here like the med-blogger equivalent of the last moderate in the Israel/Palastine conflict. I do think that the malpractice situation needs reform, but I also think that the impact of soaring malpractice rates has been massively overstated by organized medicine, and that most of the cause is due to the price war among insurers in the 1990s. However, the lawyers don’t exactly cover themselves in glory either. What I keep reminding the universe, and what no one ever bothers paying attention to is the fact that anyway you cut it, malpractice itself accounts for well under 1% of health care costs. Defensive medicine, though, does have a big impact, of maybe up to 6-8% of all spending. But of course in general if they do more, doctors and the health care system make more. So parsing out the real incentives behind defensive medicine is very difficult. And this kind of article, which lays bare the aggressive politics on both sides of the conflict, reminds me more of an Israeli air strike in Gaza than a peace meeting at a Norwegian hotel.

POLICY & BLOGGING: MedPundit on insurance and SARS

Sydney Smith at Medpundit is a great med-blogger but sometimes she drives me nuts with her inconsistency, such as in this criticism of Hillary Clinton’s rambling piece in the NY Times magazine:

    Except that SARS wasn’t a disease of poor people. It disproportionately affected healthcare workers. It was spread globally by affluent travellers. And it did its worse damage in countries with the sort of healthcare systems that Senator Clinton prefers to ours – like Canada and China and Singapore.

Hillary may prefer Canada’s system, but her plan didn’t try to introduce anything like it in 1994. And Singapore’s system is the HSA/individual consumer account nirvana that is favored by those who believe in the “real consumer market solution” to health care, a group which usually includes Sydney. And China of course is a third world country without what most Americans would recognize as a health care “system”, other than in the big cities. SARS came from a rural area, I believe.

Sydney also comes out and joins me in calling for reform of the individual insurance market. She refers to this article in the NY Times magazine which is another example of how screwed up the individual insurance market is. The solution? Sydney calls for mandatory individual insurance, in community-rated large risk pools. That sounds supiciously like the system proposed by the Junior Senator from New York when she lived in the White House. Yup, that same Senator that Sydney takes to task for her rambling article and views on Canada.

HOSPITALS: HCA profits cut by lack of paying customers–Congress says “tough!”

Hat tip to Don McCanne for this one. HCS, the largest for-profit hospital chain has cut its numbers because too many uninsured people are coming in the doors and not paying their bills. You can be assured that HCA does not deliberately locate its hospitals in areas where there are lots of uninsured people, and does not shrink in its efforts to extract what it can from its “self-pay” customers, so you can assume that this is a growing problem for all hospitals. CEO Bovender basically makes a not-too-well disguised call for cross-subsidies from the rest of the economy for the uninsured, otherwise known as tax increases and income redistribution.

    “As I have commented on many occasions over the past two years, the most significant challenge the hospital industry faces is the growing numbers of uninsured and under-insured in this country. Hospitals have become the ultimate safety net for health care services for the vast majority of America’s more than 44 million uninsured. Unfortunately, this is a cost the hospital industry is increasingly bearing alone,” stated Jack O. Bovender, Jr., HCA Chairman and CEO. “It is time for all sectors of society, both public and private, health care and non-health care, to participate in solving this societal issue, by providing affordable health insurance for all Americans and more equitably sharing this growing cost to society.”

Of course there is an alternative to tax increases on everyone else to pay for the uninsured’s hospital care. Last quarter Columbia increased its dividend from 2 cents per share to 13 cents per share because of course its shareholders, including its executives, board members, and founders, would benefit greatly from the dividend tax cut–which Bill Frist helped move through the Senate against the advice certain well known commie investors like Warren Buffet. And this year, even though it won’t do as well as it might have done otherwise, HCA is forecasting that it will still make at least as much or more likely even more than the $2.61 a share or $1.3 billion it made in 2003.

Although commies like me who play the stock market less well than Warren Buffet may welcome HCA onto the side proposing national health insurance or coverage for the uninsured, politically this will not wash. In fact because of the promises made elsewhere in the health system via PDIMA, things will actually get worse for providers. Jeanne Scott, who’s latest letter came out this weekend, (but who is still maddeningly not putting them online), explains why:

    The ghosts of 1997’s Balanced Budget Act are still haunting us. That law, originally projected to reduce anticipated payments to all Medicare providers by upwards of $115 billion, has already cut over $400 billion and still counting. Physicians have been staying one step ahead of the battle despite BBA provisions that, if applied as the law requires, should have cut physician Medicare reimbursement by an average of 5% annually over the next 10 years. The docs and their lobby have been particularly successful at political action fundraising designed to sway their Congressional delegations and at mobilizing consumer support with threats of boycotts of Medicare patients that could leave grandma and grandpa without physician care. Last year’s “new and improved Medicare law” (NAIM) rolled back two years of the cuts and actually gave the medical community an extra 1.5% to play with. There is every reason to assume that despite the BBA-projections for further cuts, and President Bush’s reliance on them to pay for his version of Medicare with Rx, that the docs will stave them off as well. So the money has to come from somewhere, why not hospitals?

    Faced with Medicare’s pending bankruptcy, now set for 2019, but looming even sooner, politicians hoping to for success in this fall’s elections, are looking for ways to “save Medicare” and take the credit. What’s the easiest and most immediate target? Your friendly neighborhood hospital, of course.

Of course HCA ain’t exactly your local hospital (or maybe it’s 130 of them), but the implication is the same. And before they look too closely at a solution for the uninsured, does HCA remember one of the ways how the Clinton plan was going to pay for covering the uninsured? A tax on providers, of course.

CORRECTION: A few days back in a story about Bill Frist, Senate Majority leader, I said that his brother Tom Frist Jr was still HCA Chairman. He took that role when Rick Scott was ejected in 1997, but sometime since 1997 he’s handed that role over to CEO Jack Bovender. He is though still on the board and the Frist family still holds large amounts of HCA stock.

BLOGS & WRITING: New News Source

The Blue Cross and Blue Shield Association has done a very nice job on its redesigned news and opinions web site, called Health Issues. Kudos to Julie Tippet, the editor there. As I’ve been linking more and more to them I’ve duly linked to the site in my news section. You can go over there and sign up for daily newsletters and more. The price is right (i.e Zero), and you’ll be able to tell if their editorial bias creeps in–unlike over here at THCB, of course.

PHARMA: Even the WSJ concedes the importation debate is lost

The Republican retreat on the re-importation bill continues. All stuff I’ve posted on before, including leading communist Chuck Grassley (R-Nebraska) introducing a bill to get the FDA to certify certain Canadian pharmacies and Tommy Thompson running his mock show trials explaining why despite everything they’ve said the Administration is going to back don on this. I don’t like linking to the WSJ too much as many of you aren’t subscribers, but in this case the BCBS Association has a pretty good summary:

    According to the Journal, the drug industry “can’t even be sure of continued opposition to drug imports from the Bush administration,” which has appointed a task force to study how to reimport drugs safely as part of the new Medicare law (Wall Street Journal, 4/13) . . . According to the Journal, the early deadline for the results of the study “has the industry braced for the possibility that the administration might propose a limited experiment with imports before the election.” An unnamed lobbyist for the drug industry said, “There’s this huge tidal wave. I think it’s just getting harder and harder even for people that have some sense to hold off this terrible crashing wave.”

This is pretty upsetting for the industry given that, as the Center for Public Integrity (a great resource that both political parties hate equally) reports, it gave over $11m to the Republican National Committee in the 2000 and 2002 election cycles, and spent more than $1 billion on lobbying in the past decade.

That’s not of course going to stop the industry’s shills, in this case the Galen Institute, telling you that Canadian imports will kill you and everyone in your town. Who are the Galen folks (apart from being on the nutty end of the Libertarian spectrum, and believing that government intervention is always a bad idea unless it involves enforcing dubious patent extensions)? Well their fellow travelers are noted in this document, and they include people from Heritage, the AEI, the Pacific Research Institute, Cato and of course everyone’s favorite academic Mark Pauly–he of the belief that the individual insurance market works well for the 80% of the people who don’t need it. I bet you a nickel that the pharma industry is a healthy contributor to Galen. And as I’ve posted before, this is all so unnecessary. The amount of political heat the industry is taking and will take far exceeds the small amount–around $1 billion out of a more than $200 billion market–they are losing to imports.

HOSPITALS: You know your hospital bill is out of control when USA Today tells you so!

Hospital care is expensive. And, as USA Today points out, it is getting more and more expensive. While hospital costs overall are going up fairly fast, hospital charges have been galloping ahead, up to 30%+ a year in some areas. Of course because insurers pay according to pre-negotiated case- or per-diem rates, hospital charges don’t ressemble reality in any way. Unless of course you’re one of the poor suckers who has no insurance and has to pay them directly. So the increase in hospital charges seems to be an attempt to get more out of the uninsured and the few dumb insurance companies who are paying a proportion of charges.

However, health plans have bascially given up trying to control the costs of care and are passing their costs onto employers. For the past few years, despite the fact that there’s a recession, employers have either tried to pass these costs off onto their employees, or have just sucked it up and paid them. That is of course if they haven’t sent the jobs to India. But maybe the worm is turning. Some 10 years ago Tom Elkin at CalPERS became the proto-typical “big ugly buyer” when he faced down the health plans and told them he wasn’t merely going to pay their increases. That really was a shot heard around the world, and the start of the spread of managed care as a cost containment vehicle. But by the early 2000’s, all that effort has ended, and Blue Cross of California had been beaten into submission (but not into lowering its profits) by the big provider chains. Now CalPERS is getting back into the fray, and it doesn’t seem to have much use for the health plans that should be doing this job for it.

Although the details are not specific, Sutter has agreed to cap hospital costs for CalPERS, and this could roll onto the other big chains in the state including CHW and Tenet.

    Sutter’s offer to CalPERS was part of a contract that Sutter signed Thursday with Blue Shield of California, the HMO that insures most of the 1.2 million CalPERS members not covered by Kaiser Permanente. The contract empowered Cal-PERS to purchase an HMO plan from Blue Shield that either would include the price cap for all 26 Sutter hospitals or would allow CalPERS to drop Sutter’s 15 most expensive hospitals from its HMO network. The 45 hospitals CalPERS targeted for possible exclusion from its health plan next year also included facilities owned by two other chains, Tenet and Catholic Healthcare West. Officials at both Tenet and CHW said they have tentative deals in place with Blue Shield that would give CalPERS the ability to cut some of their hospitals from its network next year.

THCB’s regular Sacto correspondent Matt Quinn has his own comment on this:

    Is this the next generation of activist employer groups? If plans can’t negotiate better rates, then the employers themselves will. Does this (further) signal the end of managed care as we knew it? Are health plans so untrusted that providers can always go to the “publicity” card in negotiations? If CalpPERS has to do (virtually) all of the work itself (including the heavy-lifting tasks of network management, rate negotiation with providers, retrospective review, etc.), what is it paying plans (other than Kaiser) for?

Leading questions indeed. I’ve been saying that health costs can’t just go up for ever, and there is now some evidence that employers are getting pretty disgruntled.

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