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POLICY: Medicaid used as a way for the Feds to batter the states? with UPDATE Tues afternoon

While you may have thought that the New York Times was up on the news, the careful reader of THCB might have noticed that today’s story, titled U.S. Nears Clash With Governors on Medicaid Cost, shares exactly the theme of this post from Jones the Policy Wonk back in late December.

Both the NY Times and The Wonk believe that the Adminstration is gong to go after states that play games with their Medicaid accounting to increase Federal dollars into their Medicaid systems. The Wonk told us to pay attention to the appointment of Dennis Smith as CMS chief.  What was his quote in the NYT?

    "The Medicaid program must be a federal-state partnership, not an exercise in financial gamesmanship," said Dennis G. Smith, the top federal official for Medicaid.

Now I actually agree that there shouldn’t be these accounting shell games, but the states do this because they are desperately short of cash to deal with their responsibilities and unlike the Feds, they can’t go into deficits for as long as the eye can see (although Arnie is trying!). They’re already cutting Meidcaid services and SCHIP (500,000 kids off those rolls in California and 300,000 in Texas according to JeanneScott). Now there’s a chance that there might be substantially more cuts as Medicaid moves to a block grant system–the adminstration’s end-game.

So I’m all for ending these games. But instead we should either be properly funding health care for the poor and vulnerable, as Medicaid is intended to do, or admit that we don’t want to and just give up on the program–as we have for 43 million citizens already. Oh well, I suppose we have to cut off these loopholes and stop running up the deficit for those Medicaid-types so that there’s enough for vital programs like tax cuts on dividends, missile defense, raiding medical marujiana co-ops, invading Iraq, subsidizing millionaire cotton farmers, giving the airwaves to media corporations for free homeland security.

UPDATE: It appears that the noises from HHS & the White House are having the impact expected amongst the Republicans in Congress. Modern Healthcare reports late today that Tenet’s best friend Senator Grassley is on the case

    Senate Finance Committee Chairman Chuck Grassley (R-Iowa) has called for a federal probe into whether states’ use of consulting firms to increase federal Medicaid payments is leading to fraud and abuse. In a letter to HHS and the General Accounting Office, Grassley said investigations in Georgia and New Jersey may point to a national problem. HHS’ inspector general’s office is reviewing whether New Jersey inappropriately received some $41 million in Medicaid funds, while the CMS is examining an $84 million contract Georgia awarded to a consultant to maximize the state’s federal funding.

While Grassley may have a point about the consultants and the games they play, do you think he’d be quite so agressive if Medicaid was a subsidy program for rural hospitals that produced ethanol?

PHARMA: The Pharma company’s fear of the consumer

In an probably futile attempt to improve the literary tone here at THCB, I stole this post’s title from an early Wim Wenders movie.  But like the hero of the movie, the dual nature of the pharma companies’ relationship with consumers has been obvious for some time. (The Wender’s movie is about a soccer "Goalkeeper’s fear of the penalty"–the goalie knows that he’s likely to concede a goal, but he has a secret hope that he might save the penalty kick and become a hero).  Like the goalie, the pharma company hopes that by advertising directly to the consumer they may create a stronger bond and be less reliant on intermediaries like doctors.  But on the other hand the consumer might not want to pay so much for their drugs and the pharma company might lose a chunk of its margins.

In fact the rise of DTC advertising coincided with an explosion in pharmaceutical benefit plans that reduced the cost of prescription drugs for most consumers.  In 1990 59% of spending on pharmaceuticals was out of pocket for consumers.  By 2000 it was down to 32%.  Of course those were bonanza years for the pharmas, so third party payment meant high profits. The reaction from payers was to introduce three-tier formularies, and more cost sharing.  Late last year the NEJM published an article that basically said that this cost sharing worked to reduce utilization.  In other words you wouldn’t be so likely to take the drug if you had to pay for it.

Last week Harris Interactive released a poll that suggested that roughly half of those prescribed a drug discussed the drug with their doctor, roughly half of those discussed the cost, and roughly half of those got a different drug prescribed to them that was cheaper. The last category is equivalent to 20% of all patients prescribed drugs.

If I was a health plan/PBM I’d be flooding my patients with information about the different costs of different drugs. I doubt the pharma companies can do too much to respond aggressively.  Their fear of becoming a real consumer good with margins way lower than they’re used to is a real scenario they should consider.

POLICY: Medicare costs and HMO enrollment, with long UPDATE

I came across this article from Jeff Lemieux who used to be the head staffer for the Commission on the Future of Medicare under Breaux and Thomas.  (The commission never went anywhere, but that surely wasn’t his fault).  The article is called The Curious, Counter-Intuitive Relationship Between Medicare Costs and HMO Enrollment and basically says that the more Medicare recipients joined HMOs the lower overall Medicare spending went, and that the relationship was partially causal.  When I first skimmed it I wanted to throw something at the computer screen.  But now I’m not so sure.  Take a look at it and I’ll give more comments in an update later in the morning.  It’s very relevant given PDIMA’s passage last year.

UPDATE:  OK, the site appears to be back up after an unexplained hosting glitch on Friday, so here goes for my take on this piece. 

Lemieux makes two major arguments. (Please read his piece if you can as this precis doesn’t do it justice) and they are well argued and (probably) empirically unprovable as the regression analysis equation required to figure out what caused what would be damn long. Lemieux himself says that there was so much going on that it’s hard to parse out.

First, he says that political pressure from conservative Republicans trumpeting Medicare HMOs as a solution to all the ills of the Medicare program caused liberal Medicare officials to subtly cut spending in response to show that the mainstream Medicare program could cut costs too.  He says that this attack on spending started in advance of the Balanced Budget Act (BBA) in 1997 that specifically went after hospital spending in Medicare and caused overall Medicare costs to actually decrease for a brief period of about 18 months. So his argument is that more Medicare recipients going into HMOs will cause the FFS Medicare program to innovate and compete by cutting its own costs.

Second, he says that the accepted wisdom that the Medicare Risk HMOs only recruited healthy seniors was wrong because if that had been the case, the increase in average cost of those staying behind in the Medicare program plus the 95% of average cost doled out to the Medicare HMOs as premium should have been reflected in an increase in the overall cost of the program. But instead at the time when Medicare HMO growth was at its height Medicare costs increases headed down not up. (I hope you’re following)

Both of these arguments may have some grain of truth in them, but equally both can be refuted.  For example, a significant amount of the reduction in Medicare cost growth came as the home health care program was frozen in place in the mid-1990s because of the massive amount of fraud in it.  Now that fraud had been going on for the better part of a decade (and was partly to do with laundering drug-trade profits in Florida).  Why did Medicare fraud become such a big deal?  Ed Hughes used to give a talk in which he said the reason was that all the FBI agents who had been assigned to chasing Russian spies in the cold war found themselves in 1992 with nothing to do, and so they seized on health care fraud as the next big boom area for their services. (If you think that’s far fetched consider that the FBI was a main mover behind the banning and demonization of Marijuana in 1937 after their work chasing bootleggers ended with the repeal of Prohibition).  So given that since 9-11 the FBI has got other stuff on its mind perhaps the increase in Medicare costs since then reflects that all the fraudsters who’d stopped taking it to Medicare in the mid-1990s are now back.

Is that the real answer? Almost certainly not, but there are several other factors and there’s actually been some real research on a related topic by Lauren Baker at Stanford. Baker found that from 1990-4 in areas where there was growing HMO penetration (which tended to be in the same places where there was highest Medicare HMO penetration too), overall health care utilization in the Medicare program fell slightly.

The standard interpretation of this is that physicians can only practice one style of medicine at a time. So when enough managed care comes to town–meaning the number of HMO patients goes from 10% to 20% or higher–they start practicing more conservatively with all their patients including those in Medicare FFS. So you could argue that Lemieux is right about HMOs causing a decline in Medicare FFS costs, but it’s all HMOs not just Medicare ones, which never got above 15% of the Medicare population and only got above 30% of the Medicare population in a few big cities, mainly in the West.

Lemieux’s other analysis is that the notion that only healthy Medicare recipients were going into HMOs was false.  The GAO report on this used data from the early 1990s.  Well it was pretty true then, hence the profits of HMOs like Pacificare that specialized in Medicare HMOs–reflected here in its stock price versus the S&P index–went up very fast until the growth in Medicare HMO enrollment slowed after 1996. After that they started getting to saturation in the markets where they were strongest out in the west, which meant that their mix probably did look like the overall Medicare populations. Their remaining growth was in the big cities in the East where Medicare payments were much higher and for a while the HMOs could still make money by hammering the hospitals on price and admission rates.

However, even if the HMOs were not recruiting healthier people, claiming that risk selection in Medicare HMO recruitment had anything to do with the overall costs of Medicare is a big stretch.  Don’t forget that Medicare spends 50% of its money on 10% of its people and 80% on 20%.  And the numbers in HMO’s never got much beyond 15% of the whole Medicare population.  My guess is that the vast majority of very expensive cases got treated the same way in both FFS and HMOs, as the costs of the really expensive cases were probably re-insured out by the Medicare HMOs, and they never had a sufficient number of the really expensive ones to try to change what happened with their care.

So what was happening with the care of the expensive folks?  Well costs went up much faster for Medicare than in the private sector in the early 1990s because it took HCFA longer than the private sector to figure out that they could beat their suppliers down on price.  The employers and HMOs figured it out in 1993-4, HCFA didn’t start being so aggressive until 1996 and really not until the BBA cuts took effect in 1997-8–hence the sharp fall in Medicare cost growth in 1997-9 as shown in Lemieux’s chart. By then of course the AHA got their people in Congress to adjust the rates, first on the side issues like rehabilitation care, and then overall.  At the same time America’s hospitals were merging like crazy to gain market share to enable them to raise prices to the private sector, while the HMOs were being beaten up in the court of public opinion, and gave up trying to cut expenditures. Of course drug costs (which as you know if you’ve been awake in the last 2 years) are not covered by FFS Medicare were going up like a rocket and were a big part of making Medicare HMOs’ margins shrink, which is one reason that their enrollment stopped growing as they often stopped offering cheap or free drug coverage. Not surprisingly they found that their members left in response.

So the artificial price controls of HCFA didn’t last long, and the artificial price controls of HMOs didn’t either.  And when market power switches back to suppliers, costs go up fast. Public costs and private costs take turns in going up fastest–but they all go up in the end. That’s the same pattern that Uwe Rheinhardt has been talking about in his core speech for years. My contention is that the Medicare HMO issue is somewhat irrelevant to the overall expansion of Medicare costs, and will stay that way for some time.

However, Lemieux is a supporter of innovation in Medicare and so am I.  He thinks that a combination of private plan innovations and mainstream response to that innovation will create the chronic care management, improved patient care and process innovation that I think we both agree is necessary to change the program. To that end he’s arguing that Medicare HMOs and other private plans will over the long run save costs. 

He may be right and they may be the best source of innovation but I think what he’s missing is the real reason that lefty Democrats are so opposed to the private sector expansion into Medicare. They are all decrying the privitization of Medicare, but I don’t think that’s the real problem.

The real issue for the future of Medicare is whether it will be defined benefit or a defined contribution.  As the AAHP’s own propaganda survey shows more money from the government means a higher "contribution", and hence the ability of the private plan to offer more at a lower premium cost to the senior. The real fear of the those in the left who care about equity isn’t so much that the private plans themselves will destroy Medicare or not provide promised services, or even that the people left in FFS Medicare will really be that much more expensive.  Scratch them very hard and you’ll see that their real concern is that once a large number of seniors are in a private plan and there’s a widespread acceptance of a voucher-type defined contribution system, at that point, defined contribution could be mandated. Then the mainstream plan will just become another option where the senior can spend their voucher. And of course the "contribution" from the government will be means tested as of 2006 anyway (rich seniors will be getting less of a "contribution" to Part B premiums after then).

That’s when things get really worrying, as the voucher now becomes a form of government welfare, and of course that can be cut if things get tough on the budget side.  So eventually it’s not impossible to foresee a time when the Medicare recipient gets a voucher that can only buy the overloaded public FFS plan, or a bare-bones private plan.  And of course the better-off seniors can trade up with their own money to a better class of plan.  That’s the nightmare scenario for the Democrats, and it’s hard to see  a way to definitively avoid that happening in the current legislation.

To paraphrase a concept Lemieux introduces elsewhere, we shouldn’t be focusing on whether the public sector MacDonalds or the private sector Burger King makes a better cheeseburger unless we’re damn sure that the senior of the future will be able to eat in the same resturant as everyone else and won’t be abandoned outside on the sidewalk as many were before 1965–and as the uninsured are now.

PBMs: These are the good-old days for the PBMs

Caremark’s (and AdvancePCS) stock jumped today because (as expected) the FTC has approved their merger. Both these stocks are at significant all time highs (or at least Caremark is up 8-fold since it got out of the physician business in 1997-8, and AdvancePCS is 50% above its high of 2001 and nearly 40% above where it was immediately after when the merger’s announcement last September).

The market has drunk the kool-aid (and likes it!) regarding the conversion of the AdvancePCS lives to mail-order (to increase margins) and the big opportunities in the Medicare PDIMA drug coverage market.  No-one seems to be paying any attention to the various court cases in this market, or the inability of PBMs to control drug costs.  My suspicion is that the PBMs will find the next few years to be fairly heavy sledding as they get ready for Medicare drug coverage, and the stocks will react accordingly–it’s tough to maintain P/E ratios in the high 20s and low 30s in the health care insurance business (United’s is 20 and Wellpoint’s is 17). Even Medco, which beat profit forecasts this morning but has since sold well off its early highs, has a P-E only in the low 20s. Where the top for the sector is exactly, I don’t know, but I think it’s sometime this year.

Unless of course PBMs can really innovate in health management and reap some rewards from that, which I doubt (but they don’t) and get someone else to pay them for it.

QUALITY QUICKIE: Prescribing wrong drugs happens too often

A CDC study shows that one prescription in every twelve written for elderly patients is potentially dangerous. The full abstract is here while here’s the rather more user-friendly news release.  What’s somewheat depressing is that this is 2000 data and despite the IOM report and other news about, nothing had improved since 1995.  Hopefull it’ll be better by the time the study is done in 2005, with more attention to the issue and more electronic prescribing.

HOSPITALS: Is HCA having a Tenet-like moment?

From the TCHB Sacramento bureau, Matt Quinn has some comments on a HCA hospital that is on the verge of losing Medicare reimbursement status due to violations of the Medicare safety regs. Matt writes:

    Is HCA the next Tenet (hasn’t it already been one?)?  Tenet – allegedly -didn’t have the systems and processes in place to notice  that its cardiologists in Redding were doing 10+ times the level of procedures of other hospitals in the country.  It is scary to think that HCA is similarly missing the compliance monitoring systems and processes that would make it totally unaware of serious deficiencies in three major areas – nursing services, emergency services and patients’ rights.  Or perhaps (like HealthSouth) they were intentionally filling staff spots with the wrong folks in an effort to save a buck, make more revenue at a lower cost and deceive themselves on internal reporting efforts.  It’s kind of like in the Army when supply and personnel clerks are "battle rostered" into combat engineer squads for reporting (but not training) purposes; the numbers look good on paper (i.e. squads have their full complement of soldiers) until someone (periodically) blows the whistle on the whole charade and demands to see the real numbers.  It usually takes an outside (GAO-type) agency to do this because everyone in the succession of command has an interest in everything appearing "good" under them (i.e. the BDE commander will appear to be deficient if one of his BNs has personnel problems; the DIV CDR appears to be deficient if one of his BDEs has problems, etc.).  In other words, either reporting the true numbers or calling "BS" on someone under you reporting bad numbers is career suicide.  I wonder if similar careerism is at hand at HCA.  Or if they’re just negligent or greedy?

Extra points for you non-military types if you actually know what a BDE is, but the problems Matt’s hinting at were there at at Tenet, Healthsouth and of course HCA when it was called Columbia/HCA and when "health care never worked like that before".  I’ve posted before on why Wall Street hates health care services but doesn’t know it

However, in the short term Tenet’s stock looks close to a bottom to me, as there can’t be much more bad news, can there? (Full disclosure: I’ve bought some for a short-term play).

PHARMA: Business, Science Clash at Medical Journal

The Washington Post reports on a story about the journal Dialysis & Transplantation allegedly pulling an article critical of the use of the drug Epogen.  Apparently the commercial staff over-ruled the editor, fearful that the negative article might cost them future advertising revenue.  This all strikes me as very strange.  Amgen (who make Epogen) certainly don’t want the publicity this generates as it implies it’s their fault.  And for that matter, even if the article was published, would Amgen really stop advertising in one of the main journals aimed at its core prescribing specialists? There is indeed cause for concern about the relationship between academia, medicine, journals and pharma companies.  But this seems to be a storm in a tea-cup, or a case of one magazine unnecessarily self-censoring. 

On the other hand maybe the author of the offending article welcomed the free publicity. It’s not exactly new to suggest that new uses for drugs (in this case higher doses of Epogen) sometimes have undesirable effects.  And pharma companies spin the results while they can, but generally in these niche cases (even though there are a fair few of them), the medical science will get a good hearing before the payers will pay up.

TECHNOLOGY: XML as another savior for clinical computing?

Robert Mittman has another iHealthbeat technology column, this time on the progress in health care of XML. It’s well worth a read. Particularly interesting is the suggestion that, by formatting all those transcribed dictated notes which are currently in word documents (and then printed out on paper and sometimes stuck in the chart), in XML, a physician will be able to search for and find previous notes.  They’ll also be able to search across an "on-the-fly" meta database of all patients in the institution.  This is probably some years away, but XML may just be the answer to the challenge of getting the clinical note into a machine in a format where it can be recovered usefully, without making the physician do anything different in their current workflow.

HOSPITALS: Emergency rooms suffering from crowding, non-emergent patients and losing specialty coverage

The Schumacher Group is out with a pretty interesting survey on emergency room issues, with implications for hospitals and payers in a couple of areas.  It says basically that:
— for most emergency rooms a lack of specialists both on call and for follow up care is a problem. This is leading to diversions to other ERs.  The  lack of interest from specialists in working on call in ERs is driven by fears of malpractice liability, and a lack of professional compensation for non-insured patients. Competition between hospitals for these specialists is also causing problems.
–significant amounts of non-emergent patients are showing up (nearly half of all patients in more than 50% of all EDs!)
–overcrowding is the single biggest problem in ERs

This survey essentially confirms that the ER has become the de facto primary care service for far too many people. Until we develop a universal insurance system with some kind of proper access to real primary care, we will continue to waste scarce resources.  Equally badly, those hospitals that can get away with it will close their ERs, making life all the more dangerous for all of us the next time we really need one. You don’t hear too much about this issue any more, which is a pity because it’s one of the few aspects of our health system where the mess we’re in can seriously affect even the wealthiest among us, and so there might be a willing coalition developed to fix it.

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