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TECH: PHR talk

Those of you who couldn’t get into the live version of the PHR webinar I was on the other day can now go to the Center for Information Therapy events web page and listen and watch for yourself. (Or I suppose if you did see it but thought it was so good you wanted to see it again, you can do that too!) It’s the first in the list of “past events.”

I had some problems getting audio in my version, so let me know if that happens to you. But it’s a fairly nifty audio and slide integration.

And yes it’s very bizarre giving a speech into a telephone when you can’t hear anything on the other end at all!

POLICY: Why Healthcare reform won’t work

I’m up at Spot-on with a few thoughts about the current state of the healthcare reform movement. You’ll get the gist of my argument from the title. The piece is called  "Why Healthcare reform won’t work."  As usual, return to THCB to leave your comments. If you want more, go look at my last column "The Bush Health plan."

It’s taken quite a bit of the time. But the efforts by Republicans George Bush, Arnold Schwarzenegger, and Mitt Romney have finally convinced the national press that the rash of cancellations in the individual insurance market is a story worth writing. Perhaps it’s because we’re now discovering that this is a national phenomenon.

It’s somewhat older news here in California where it looks as though the state may decide that any retroactive cancellation of policies needs to be reviewed by an independent official. One Californian insurance company, Kaiser Permanente, caught with its hand in the cancellation cookie jar has already proposed something similar but it’s less likely that competitors WellPoint (Blue Cross of California’s parent), HealthNet and Blue Shield of California will be quite so thrilled.

Blue Cross of California, one of several plans being sued in California, says that it rescinds an average of 1,000 policies each year out of about 260,000 new individual enrollments — less than one-half of 1%, says spokeswoman Shannon Troughton.

WellPoint is strictly speaking right to say that less than 1% of its applications get canceled. But it’s evident from the various testimony already leaked from depositions of Blue Cross of California’s employees that the applications of any individual policyholders submitting high claims were routinely subjected to a review looking for the slightest excuse to cancel the policy. But that’s not the heart of the matter.

The issue is that we have an individual insurance market which is designed to stay away from the care of sick people. And that’s why healthcare reforms, as they are currently proposed won’t really work. Continuez

TECH: Cisco’s briefing

A little about my day job today. I’m sitting in a video briefing hosted by Cisco for its provider clients being broadcast to 10 sites. I’m in the one in San Jose, where there are lots and lots of interested parties from a minor, local HMO which has its own small IT projects underway!

I’m telling you this because after the session is done it’ll be posted online, and then there’ll be an online discussion about the issues of installing IT in hospitals, and the possibilities of new technology.

More details later…

POLICY: California Policy Update By John Irvine

With support apparently growing for the Schwarzenegger plan in California, opponents are already laying the groundwork for a legal challenge. The Financial Times (UK) quotes business sources as saying lawsuits are  "all but inevitable" if the plan passes in Sacramento. That could tie the effort up in court "for years" — perhaps even until after the 2008 elections. According to the newspaper, challengers are likely to use a strategy based on the one used to overturn Maryland’s "Wal-Mart law" last month. 

"Jack Bovender, chairman and chief executive of HCA, the big hospital group, underlines the legal problems faced by such state efforts. "we’re pleased that some states have recognized the gravity of the issue of the uninsured. However, a patchwork of state plans is problematic because of potential problems with ERISA (The Federal benefits law.) That 1974 statute, the Employee Retirement Income Security Act, in effect nationalized employer health plans to spare companies the cost of complying with conflicting state benefits.

"Legal challengers are (also) likely to claim that the plan imposes a disguised tax and so should require a two thirds vote of the  legislature, since California law mandates a super-majority for tax increases. Alternatively, opponents will try to use the Erisa law."

TECH/PHYSICIANS/INDUSTRY: Now the Communists have infiltrated the officer ranks!

Back_surgery
(Speaker adopts very pompous tone) You may remember a little while back that some left wing seditious journalist criticized the sanctity of our free and opaque market system. He claimed that a leading back surgeon at the Cleveland Clinic — the Cleveland Clinic, I say, yes, the very epitome of all that is good and great about American capitalist medicine — was somehow putting his own interests above that of his patients as he used a surgical device that he and the clinic both promoted.

Well this rabble rousing has got completely out of hand. Now a presumably Frenchy cheese-eating surrender monkey type who claims to be a surgeon also specializing in back surgery is also on the hunt. The "surgeon" in question, one Aaron Filler, makes outrageous claims about surgeons — including those who’ve been to medical school and therefore have unimpeachable ethics. He even suggests that those involved in developing and marketing devices claim that they get better results using them that are not replicable by other surgeons.

Nonetheless, concern about an ethical crisis affecting patients was
reinforced by discussions at various professional meetings during 2006.
Formal scientific publications on a new type of spinal device had
revealed extraordinarily high success rates and explicitly reported
“zero” device-related complications (Schnake et al Spine Journal 3:159S
2003). However, a separate study involving only surgeons with no
financial interest revealed an unusually high rate of “device related”
complications and failures (Grob et al, Spine 30:234, 2005). <SNIP>Differences in reported scientific results seemed to reflect the
difference between conflicted versus non-conflicted investigators.

He also casts aspersions on the completely above-board and reputable relations between professional societies of surgeons and their respectable colleagues in the medical device industry.

Many surgeons receive manufacturer funds to attend training meetings in
places like Vail, Cancun and Las Vegas, advertised as academic medical
education events. I recently organized a session at one such meeting
that brought in several nationally respected neurosurgeons to teach new
diagnostic techniques and treatments to reduce the use of implants. Meeting sponsors from the device industry objected and the session was canceled.

Hang on a moment. He said "surgeonS". That means there’s an epidemic of Frenchies breaking out in the ranks.

But I’ve figured out this so-called surgeon’s motives! He’s too lazy to do any surgery! Instead he’s written a book called "Do You Really Need back Surgery". Well it’s not too hard to see his game! Instead of getting up early and cutting away in the great tradition of American capitalist physicians, he wants to sit on his rear and collect royalties. Well, that’s not the spirit of grit and true enterprise that this country’s medical care establishment was built on.

I suggest that the North American Spine Society quickly sets up a Committee on UnAmerican Spine Surgical Activities and drags this Filler, and his fellow travelers like Association of Ethical Spine Surgeons‘ President Dr. Charles Rosen, into hearings where their true Frenchy leanings can be exposed to the world. Then the real American back surgeons can thankfully go back, undisturbed, to operating on anyone who’ll lie down.

POLICY/POLITICS: Spitzer calls a spade a spade w/UPDATE

Eliot
Eliot Spitzer calls a spade a spade in his speech about reforming healthcare in New York. He goes after two of the biggest subsidized sacred cows: 1) Medicaid costs which are double the national average. In fact New York spends more on Medicaid in total than California, with a much lower population. 2) Subsidies to teaching hospitals in the form of fake graduate medical education payments.

… health care decision-making became co-opted by every interest
other than the patient’s interest.  Government abdicated its
responsibility to set standards, demand results and hold institutions
receiving billions in state tax dollars accountable to the State and to
the people those institutions serve. 

Let me give you a few examples:

Take the Berger Commission.  This was a process that should never
have been necessary in the first place.  In most industries, when the
demand for a specific service falls permanently, as has the demand for
long stays in hospitals, supply inevitably follows.  Yet because of
wasteful State subsides and the State’s failure to make strategic
choices, tax dollars have been spent on empty hospital and nursing home
beds instead of insuring our 400,000 uninsured children.  Now we face
dramatic instead of gradual change to rationalize a system in desperate
need of reform.

These changes are painful – and we will use every effort to
implement them in a way that is sensitive to patients, communities and
workers.  But because of the State’s inability to confront the status
quo, these are the kinds of hard choices we must now make to increase
health care quality and decrease health care costs. 

Another example of institutions driving the system is the way the
State pays for graduate medical education.  New York’s Medicaid program
has spent more than $8 billion over the last five years on graduate
medical education – $77,000 per graduate resident in 2005 compared to
similar states like California that spent just $21,000 per resident. 

This education is critically important, but we’re currently funding
it in an excessive and irrational way that isn’t directly correlated to
the actual students being taught – thus costing the State exorbitant
amounts of money in what amounts to general subsidies to teaching
hospitals.  In fact, when we looked closer at this broken formula, we
discovered that many of those dollars are going to pay for phantom
residents and doctors who don’t even exist.

The same lack of accountability has also been evident in the special
subsidies the State gives hospitals to underwrite labor costs.  In
January 2002, with hundreds of millions in new revenue on the table for
health care, the time was ripe for a debate on how best to invest this
money.  But instead of a public debate, the State committed billions of
dollars in new spending to underwrite a portion of the increased costs
of the hospitals’ pending labor agreement. 

As a result of this deal, well over $3 billion alone was pumped into
the health care delivery system with little to no accountability.
Don’t get me wrong: labor costs are real, and the need for training is
real.  What made this a poor choice instead of a wise investment is
that the money was not based on the number of patients served and it
didn’t create a robust system of accountability for institutions that
were growing out of control.

Good luck, Governor. Given who you’re taking on, you’re going to need it! Go read the whole thing.

UPDATE: Some just excellent discussion on this in the forums. JD writes in to comment: "I actually think Spitzer can (mostly) pull it off, though he is
directly confronting both SEIU (Local 1199 has 300,000 members in NY, I
think) and HANYS (the New York hospital association, which has massive
clout). Of these, my guess is that 1199 will be more open to compromise
for the sake of true structural reform. They are showing themselves
more and more willing to think outside the box, find win-win solutions,
and all that. HANYS, not so much. But we’ll see.
As for health plans (my area), it is still too soon to tell how
they’ll react. They won’t like the Medicaid premium freezes, though one
of Spitzer’s key cabinet members (Deborah Bachrach) was an
advocate/lobbyist for the PHSP association. PHSPs are local non-profit
Medicaid-only plans, most of which are owned by hospitals. Collectively
they have over a million members in the state. This and other
appointments mean that Spitzer’s policies are going to be informed by
people who know the ins-and-outs of both the payer and provider side,
and so we are unlikely to see misguided efforts to "bleed the bastards"
which will accomplish, exactly, nothing."

RP writes "…for every dollar we manage to cut from our Medicaid program, we will be
giving up 50 cents in federal contributions. Perhaps we should, but a
lot of that money goes to NYS residents whose health care jobs (about
10% of total jobs here in New York City, for example) might disappear
or whose wages and salaries would be cut."

PHARMA: Off label marketing and the 2008 election, by The Industry Veteran

For those of you bitter at not seeing enough of The Industry Veteran, he’s back! This time he’s complaining about Pfizer’s off-label marketing and linking it to the Presidential race. For those of you who’ve had too much of him…..sorry!

The daily press has obviated the need for Wes Craven, George Romero and other fright film creators.  Now we have this article from Brandweek where the chief counsel at Pfizer argues that the FDA violates free speech rights under the First Amendment by restricting Pharma companies from promoting their drugs off-label, i.e., for unapproved uses. Now I’m a big First Amendment guy, card-carrying ACLU member in good standing, but this is a libertarian perversion of the First Amendment that is typical of Reagan-Bush corporate lackeys. It reminds me of arguments from the right wing legal cabal, the Federalist Society, that claim the income tax is unconstitutional. Given that the client here is a Big Pharma company, it is also reminiscent of the fact that lawyers for Mafia dons are major proponents of Fourth, Fifth and Sixth Amendment rights. So this is how Jeff Kindler will deploy the lesson he learned at GE about making a proactive legal counsel’s office as big a success factor as R&D or marketing. Big Pharma is in the midst of a long down cycle and, I suppose, when the devil is hungry, he eats flies. That means while the literature in management studies has whittled down the value of Jack Welch’s contributions, a slavish aping of GE is quite the rage in Big Pharma. An  ex-GE guy (and former favorite son of Welch) runs Amgen, another is effectively the COO at Merck, and Jeff Kindler, whose only non-GE management experience was at McDonald’s, is the top guy at Pfizer. The epigones at these places talk about Six Sigma in the hallways despite the fact that production efficiency is a marginal success factor in Pharma. The other buzzwords that became parody and then were eliminated at GE ten years ago have now reappeared at the drug companies. What will come next? Polluting a major American river? Hell, Novartis already did that in Switzerland. I know. What about electing as US president some lucky airhead who was your television pitchman? Now if Mandy Patinkin is Jewish but not enough of a warmonger to please the Christian right, who does that leave? Dammit, Sally Field for president!! You want a strong woman, right? You want the women’s vote? You want to take issues such as health care, education and peace away from the Democrats?

I like her. I really like her.

DRAFT

But
was I wrong? Perhaps I hadn’t delved into the mire of the proposal
enough? If so I’m clearly not the only one. Because that very next day
the organ of the Republican right the WSJ ran a piece called Bush Health Plan Shifts Onus to the Consumer which included this little nugget:
At
a White House briefing on Tuesday, Joel Kaplan, deputy chief of staff
for policy, acknowledged that the proposal could accelerate the trend
of employers dropping insurance, but emphasized that workers left
without coverage would, thanks to the new tax deduction, have the means
to "buy insurance in the individual market in a way that they can’t
now."
Really,
who is NCPA trying to kid when it suggests that it’s not interested in
promoting people buying individual insurance in a fully underwritten
market. And given the state of the individual market that they want to
introduce consumers into (more of that anon via some interested digging Don McCanne’s been doing),
they’re just going to create more and more pissed off consumers—of the
age and socio-economic status where an extension of Medicare will be a very appealing vote-getter.
 
So
you’ve got to assume, that must be what they actually want? In which
case I can see the movie now. Starring Frank Sinatra or maybe Denzel
Washington as John Goodman, it’s The Manchurian Think-Tank!

INTERNATIONAL: Japan’s Health Minister engages mouth, brain not yet in gear

    You’ve got to hope that this one was "lost in translation"!

Japan’s health minister described women as "birth-giving machines" in a speech on the falling birthrate, drawing criticism despite an immediate apology. "The number of women between the ages of 15 and 50 is fixed. The number of birth-giving machines (and) devices is fixed, so all we can ask is that they do their best per head," Health, Labor and Welfare Minister Hakuo Yanagisawa said in a speech Saturday, the Asahi and Mainichi newspapers reported.

Birth rates (and dependency ratios) are indeed a serious issue. But perhaps Yanagisawa’s been spending too much time reading Malcolm Galdwell and not enough at charm school!

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