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Is the Suspension of the Pre-Existing Condition Insurance Plan a Preview of Obamacare’s Failure?

Following the Obama administration’s announcement about the suspension of enrollment in a high-risk health insurance program known as the Pre-Existing Condition Insurance Plan, a flurry of commentary began on what the move means for the Affordable Care Act.

Some observers said that the program’s underwhelming enrollment numbers and high costs foreshadow inevitable problems with the ACA’s health insurance exchanges, while others drew a clear division between a program intended to insure only those with pre-existing health conditions and state marketplaces designed to spread risk by insuring both those who are sick and those in good health.

Two months after the halted enrollment, the debate continues.

Closing the Pools

The high-risk pools were designed to help sick U.S. residents gain coverage ahead of January 2014, when the ACA’s ban on denying individuals coverage because of pre-existing conditions will take effect.

In early February, the administration announced several cost-saving reforms intended to prevent the $5 billion program from running out of money. However, on Feb. 15, HHS officials announced that enrollment in the high-risk pools would end because of rising costs and limited funding.

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The HRA Hustle

Suppose one day you sit in front of your work computer, click on a link supplied by your employer, and set about the task of answering a hundred or more highly intrusive health questions.  Setting aside the issue of financial penalties or rewards for doing the survey, you would trust that the instrument itself, called a health risk appraisal (HRA), would actually have a sound scientific basis, especially since its ultimate goal is to give you purportedly accurate health guidance.

Unfortunately, your trust in the validity of the tool would be quite misplaced.

HRAs are an essential screening tool in workplace wellness programs despite the fact that no body of evidence clearly demonstrates either their fiscal or clinical value and that no health services research has determined which HRA is the optimal tool.  Indeed, a recent review of HRAs concluded that they increase spending, not reduce it, and that no one has any idea whatsoever whether taking an HRA has anything to do with the delivery of health value.

By masking essential methodological truths about HRAs, wellness vendors have essentially hustled their employer clients into believing that HRAs, which frequently ask clinical questions best left to primary care clinicians or restate platitudes (gosh, I didn’t know it’s safer to drive while not under the influence), are both probative and predictive of a person’s health future.  This is just simply wrong.

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Open Research For Open Cures: A Report From Sage Congress

Over four years of Congresses, Sage Bionetworks has drawn together leading thinkers and doers throughout the fields of genetic research and drug development. For two days each year, the conference floor is colonized by clumps of eagerly networking PhDs from academic, pharma, government, non-profits, biotech firms, and patient advocacy groups–people who often glide from one domain to another within this tight-knit cohort.

A cohort, certainly, we can characterize this group of attendees, sharing as they do a mysterious language drawn from years of research most of us will never understand. But is it a community? That will be tested over the following year as Sage Bionetworks lets go of the Congress. Founder Stephen Friend says it is up to others to create the next Congress, and its success or failure will be a measurement of the sweat and passion that Friend and Sage have put into attempts to build a community.

Why should a reader look further at this struggle among a tiny elite, rather than clicking on the next article? Well, first, if you’re one of the 48% of Americans who took a prescription drug this month, you should be concerned about where new breakthrough drugs will emerge. If you visit this web site because you want a more responsive health care system that can match patients to treatments more quickly and cheaply, recognize that new methods are important nowhere as much as at the foundation of the system where new treatments are discovered. And if you are just curious about the potential for global cross-institutional teams and loose networks connecting experts with ordinary members of the public to find creative solutions to old problems, this article will provide insights.

Don’t get too close, you don’t know what I have

The premise on which Friend founded Sage is that research and drug development have stagnated and cannot progress without more collaboration and data sharing. Therefore, with all due regard for the presentations at the recent Sage Congress on cancer research projects and other individual experiments, the real theme of the conference is in the keynotes about open source, the use of social media, and crowdsourcing. The challenge of this community–if we find that it has indeed become a community–is to analyze and deal with the particular challenges that genetic research and drug development inject into trends toward open collaboration.

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Caregiving at a Crossroads: New Models, New Opportunities

Family Caregiver Alliance invites you to our 2nd Annual Leadership Think Tank Dinner,  May 9th at 6pm in San Francisco.

Family caregivers are the fabric upon which the health care system relies.  Not surprisingly, the business and non-profit communities are finding new opportunities through technology innovation and policy changes to address the growing burden of family caregiving.

Join industry leaders across both business and non-profit sectors to discuss how to come together to address create sustainable momentum.

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What Does HIPAA Have to Do With Gun Control? Maybe More Than You Think.


There aren’t many who would quibble with an argument that those with severe mental illness—specifically, individuals “who have been involuntarily committed to a mental institution, found incompetent to stand trial or not guilty by reason of insanity. or otherwise have been [legally judged] to have a severe mental condition that results in the individuals presenting a danger to themselves or others“—should not be able to purchase firearms. Right? Right.

Making that law isn’t actually the trouble (expanding background checks is, of course, a different story). It’s already law, and has been on the books for awhile. The trouble is enforcing it.

The federal government maintains the National Instant Criminal Background Check System (NICS), a database of people who are federally prohibited from purchasing guns, including felons, people convicted of domestic violence, and individuals who meet the extreme mental illness criteria above. Except:

Federal law does not require State agencies to report to the NICS the identities of individuals who are prohibited by Federal law from purchasing firearms, and not all states report complete information to the NICS.

To recap: We have federal criteria that prohibits certain individuals from buying firearms. The feds maintain a database of known individuals for background checks (which take 30 seconds, per the regulation). But states aren’t required to offer the names of “prohibitors” to the database.

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A Dangerous Distortion: Verizon’s Foray into Emergency Medical Services

By JONATHON FEIT

There’s always been difference between “truth” and “marketing truth,” the former being the more stringent of the two.  The daily bombardment of media messaging plus occasional advertising extravaganzas (hello, Super Bowl!) has desensitized us to where consumers don’t mind the fine print that says “Do not try this at home,” “Professional driver on a closed course,” or “Screen images simulated.”  Many people appreciate that Minority Report was released before screens could be controlled with fingertips; and the Tricorder has taken decades to jump from Star Trek to the X Prize.

“Marketing truth” turns irresponsible when it opens up false expectations  – that is, when reality is conflated to the point that consumers can no longer distinguish between what is real and what “may be coming soon.”  Great, emotionally affective commercials can do that.  But emergencies – those critical moments when we feel life’s fragility  – are not when we should have to stop and ask “Can they really do that?”  This is precisely the burden presented by a variety of recent ads featuring Fire and EMS professionals, the most dangerous of which is produced by Verizon.  Verizon’s spot risks making the public think that EMS providers and firefighters currently have access to more advanced technology in the field than, by and large, they do.  The advertisement is disingenuous, which certain important facts flubbed for dramatic effect.  But that happens in the marketing world everyday—why should it be any different in the case of emergency medical services or health information technology?

Quite simply, because to do so risks inculcating in the public a false sense of comfort with the state of EMS technology today; and moreover—to those among us whom seek to bring long-overdue innovations to the industry—it risks the public asking, “Doesn’t this already exist?  We saw it on television, after all.”

EMSA, the dominant private ambulance provider in Oklahoma, with headquarters in Oklahoma City and Tulsa, uses the Medusa Medical (MM) “Siren”-brand electronic patient care record system for its patient documentation.  They have used it for years, having been one of the Nova Scotia-based company’s “beta” sites in the United States.  Yet according to Frank Gresh, Chief Information Officer of EMSA, who I interviewed in early 2012 as part of a research road show for my own firm’s technologies, the agency’s electronic patient care record system was well-integrated vertically—that is, within the EMS agency—but they found it challenging to get data “”out of the Siren ecosystem,” in his words.

In late February 2012, in a follow-up, Mr. Gresh said that his agency was “making some good progress with our HIE in Tulsa on getting data out of our system and into a system that the hospitals can then consume.”  Yet according to an April 2012 announcement on MM’s website, EMSA – which operates 89 ambulances throughout central and northeastern Oklahoma – still relies on MM’s Siren ePCR system for its documentation and billing.  Yet MM…lovely friends and colleagues though they are…does not integrate video into its ePCR software.

Moreover, as far back as October 2011, Tulsa World reported on the use of health information exchange in Oklahoma, thanks to federal grant greater than $12 million.  What’s conspicuously missing from the description of EHRs and HIEs currently being used in Oklahoma is the ambulance service: by and large, EMS agencies are not currently part of health information exchanges, though in full disclosure, several counties have approached my own company about playing that role in the continuum of care; and the federally funded Beacon Community in San Diego, which is the only Beacon focused on EMS-to-ED connectivity, is hoping to demonstrate the value of bringing EMS into the HIE fold.  (They’re not quite there yet, for myriad political and technical reasons, but they’re trying.)

So if EMSA is using MM’s Siren ePCR in the field, yet that system does not incorporate video, but the Verizon advertisement is showcasing video capabilities…whose technology is being used?  A keen observer of Health IT interfaces might recognize the screenshots as reminiscent of AirStrip’s in-hospital interface, but one cannot be sure because the screens are unlabeled (and in the television ad, they come with the caption “screen images are simulated”).

One thing is sure, however: Verizon’s partner on the spot – InMotion Technologies – does not move the patient data; it lets the patient data move, but it is not collecting the data, nor is it interfacing with the hospital.  That’s not what InMotion does, even according to its own website: “In Motion Technology is widely deployed in public safety, public transit and utilities, and will be demonstrating how its onBoard™ Mobile Gateway can be used in ambulances.  By securely connecting laptops, tablets, electrocardiograms (EKGs), Electronic Patient Care Reporting (EPCR), IP cameras, Computer Aided Dispatch (CAD) and vehicle diagnostic systems, the onBoard Mobile Gateway will improve operational efficiency for emergency responders.”

InMotion does a fine job of allowing data collected by documentation technology systems like MM’s Siren, my own company’s MEDIVIEW™ software platform, and our cohort of competitors, to move through the system according to their capabilities.  Yet to credit InMotion with collecting and moving critical data into the ambulance from the scene, then out of the hospital into the hospital, is like crediting an automobile’s driving comfort to the manufacturer of its gasoline: it is absolutely part of the process, and if the gasoline – or the network – is poor, the overall quality will decline.  But to say that the car runs smoothly because of its gasoline would be disingenuous, and that is exactly what this Verizon-InMotion advertisement does.  In this case, the ePCR is the car: it is the interface between the EMS professional and the patient.  If the ePCR doesn’t collect video at the scene and move it into the hospital; and if the hospital doesn’t have a way of seeing video presented to it (or, say, doctors willing to stand around and watch incoming video) – then it doesn’t much matter whether the network is capable of handling that video or not.

Another related similarly distressing omission from the Verizon-InMotion advertisement is the danger of relying on network-based patient documentation and communications technologies when the ambulance agency operates in the heart of Tornado Alley, as I described for EMS World Magazine in an article last year.  Whether using a 4G or 3G network by Verizon or any other carrier, whether powered by InMotion or not, when severe weather disturbance barrels through a town, it is critical that EMS and Fire agencies not be reliant on network access to communicate with their hospitals and other vital healthcare resources.  In fact, part of what surprised me so much about this Verizon advertisement is that at one point it seemed as if the company appreciated this fact more than anyone: within 72 hours of the 2011 Joplin tornado, two representatives from Verizon Wireless’s Northern California headquarters in Walnut Creek visited my team’s engineering garage, asking how they could have used our software in the field during the window of time between their network’s crash and the rollout of their backup cell towers.  The subject came up again after Hurricane Sandy, when one of our clients saw its electronic documentation and billing capabilities crash as a result of reliance on weak and/or non-redundant networks.

Think that conflation of reality and marketing hype isn’t a problem – that even government can tell the difference? Tell that to the people of North Kansas City, Kansas.  On March 14th, a representative of the North Kansas City Fire Department, when asked by a member of my company’s sales team why they wanted an iPad-based emergency documentation system despite the technical challenges it would present, wrote the following:

“Yes, we have collectively decided to use iPads through our EMS Committee.  We’ve looked at many other hardware options and have concluded that iPads will best fit our needs.  We’ve based our research on many of the same technical specifications that the airline industry uses for EFB’s in the cockpit.  American Airlines put 11,000 iPads into service alone last year.  We do realize that cardiac monitor integration is going to be a limitation…our understanding is that a solution is in the works.”

What this firefighter is referring to is the relatively new practice by American Airlines and United Airlines to give their pilots electronic flight books (the aforementioned “EFB’s”).  But these flight books are little more than digitized PDFs, static bookmarked documents typically used for reference and checklist purposes, as AppleInsider.com reported: “An Electronic Flight bag reduces or replaces paper-based reference materials and manuals usually kept in a pilot’s carry-on kitbag. When stuffed with paper, those bags can way as much as 35 pounds.”  They are neither designed nor intended to serve as real-time interactive documentation systems…certainly not when lives are on the line.  Yet that is precisely what the North Kansas City Fire Department wants them to be – because that’s what they thought they read – and they’re willing to bet their ability to interface with cardiac monitors in the field.  One cannot help but wonder what the town’s citizens would think of that wager.

In early April, I got a call from the managing director of a Midwestern venture firm, who asked, “I saw this ad by Verizon for video in an ambulance.  Was that about you guys?”  I said, “No, that doesn’t actually happen.”  He goes, “Oh, I didn’t think so.”

But he obviously did think it was possible, or he wouldn’t have asked if we could do it.  When Silicon Valley harnesses the Hollywood hype machine – especially with respect to Health IT – we face a long-term innovation problem…as in, how to parse the real from the flash?  I said as much to a friend who works in the healthcare vertical at Verizon Wireless.  He asked the same thing as my business partner: “How is such puffery any different from what marketing has always done?  How is it different from, say, flying cars?”

At that point, I was forced to admit something I don’t usually say, which is that healthcare is different from other disciplines: If your car doesn’t fly, it’s inconvenient and disappointing but it’s not going to kill you.

If your iPhone-based ECG doesn’t produce a clinically valuable reading (or if an EMS team using a NEMSIS-compliant documentation system cannot place the ECG in a prehospital care record, because a space to place the feed doesn’t exist), too many members of the public will think it does – and rightly so, because that’s what marketing is all about  – “it must be powerful enough to use because Dr. Eric Topol was able to diagnose a heart condition on a plane.”  But without knowing the details of the story – whether “the fine print” regarding the device’s FDA limitations, or that Dr. Topol is a renowned cardiologist with training to see the symptoms beyond the waveform – relying upon a home-use device and foregoing a trip to the hospital could kill you.

Jonathon S. Feit, MBA, MA, is Co-Founder & Chief Executive of Beyond Lucid Technologies, Inc (www.beyondlucid.com). Prior to BLT, Jonathon served in the White House Office of Management and Budget, where he helped spearhead the relaunch of USAJOBS, the federal government’s hiring portal.  Before that, he published Citizen Culture Magazine and served on the faculty of Boston University’s College of Communication.

The Email I Want to Send To Our Tech Guys But Keep Deleting…

Dear Tech Guys:

So today I’m doing anesthesia for colonoscopies and upper GI scopes. Nowadays we have three board-certified anesthesiologists doing anesthesia for GI procedures every single day at my institution. I’ll probably do 8 cases today. I will sign into a computer or electronically sign something 32 times. I have to type my user name and password into 3 different systems 24 times. I’m doing essentially the same thing with each case, but each case has to have the same information entered separately. I have to do these things, but my department also pays four full-time masters-level trained nurses to enter patient information and medical histories into the computer system, sometimes transcribed from a different computer system. Ironically, I will also generate about 50 pages of paper, since the computer record has to be printed out. Twice.

No wonder almost everyone I know hates electronic medical records! I don’t know anything about computers, and I don’t know what systems other hospitals have. I may be dreaming of a world that doesn’t exist or that world is here and I haven’t heard about it. Nevertheless, here’s my wish list for a system that doctors would actually want to use:

1. Eliminate the User Names and Passords: You can’t tell me that in this day of retinal scans and hand-held computers that there isn’t a better way to secure data. What if each person had their own iPad that you only have to sign into ONCE a day that automatically signs your charts. If you’re worried about people leaving them sitting around use a retinal scan or fingerprint instant recognition system.

2. Eliminate the Paper: If you’re going to have full-time people entering data for you, why print it out? It’s on the computer for anyone to access.

3. All Data Systems Must Be Compatible: You can’t have patient data entered in one place that doesn’t automatically import into another place. If my anesthesia record can’t talk to the hospital OMR, I have to RE-TYPE everything in, which is completely ridiculous.

4. Everybody Has to Use the Same System: Everybody, state-wide. Right now, electronic records from a nearby hospital are not available at my hospital, even though the two hospitals are right across the street from each other.

5. Don’t Make Me Turn the Page All the important information about a patient should be on the first page you open when you look up a patient. I shouldn’t have to click six different tabs. Specific to anesthesia, all the relevant data about the patient including what medications they have received during the case should be automatically displayed on the screen when you start a case. Specific to primary care, all the latest labs and data, recent appointments with specialists, current med list and anything else the doctor wants to see commonly should be right on the first screen.

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How Physician Practices Can Prepare for a Health Care Marketplace

What is the path forward for physicians who want to remain in private practice, outside the constraints of health system employment? How will the environment change and what new demands will that place on practices and physicians? What follows are the observations of one industry-watcher who has worked on all sides of health care, but who now spends most his time focused on the interests of those who pay for it. No crystal ball, but several trends are clear.

There are now concrete signs that health care’s purchasers are exhausted and seeking new solutions, that a competitive marketplace is emerging and getting increasing traction. As they abandon ineffective approaches, the paradigm that has dominated the industry for the past 50 years will be upended. The financial pressure felt by buyers will transfer to the supply side health industry that has come to take ever more money for granted.

For decades, fee-for-service payment, inclusive health plan networks, and a lack of quality, safety and cost transparency have been enforced by health industry influence over policy, effectively neutralizing the power of market forces.

Without market pressure, physicians have felt little need to understand their own performance relative to that of their peers. The variation of physician practice patterns within specialties has been high, with some physicians’ “optimizing their revenue opportunities” by veering wildly away from evidence-based practice. Even so, until recently in this dysfunctional environment, it has been nearly impossible to identify high and low performers.

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The Salad Bar That Turned Around a Fortune 500 Company …

The Effect of Price Reduction on Salad Bar Purchases at a Corporate Cafeteria.” An excellent peek at the kind of steps that employers ought to take to improve eating habits in their work forces: subsidize the purchase of healthy foods. In this CDC study, reducing the price of salads drove up consumption by 300%.  If this was a stock, we would all rush out to buy it.

Influencing behavior through both choice architecture and pricing differentials challenges many employers, however. There is a fear factor in play (“some of my people will be unhappy”), as well as financial issues, because the corporate managers responsible for food services often have their compensation linked to the division’s profitability.  You make a lot more money selling soda than you do selling romaine.  The same perverse financial conundrum appears when corporate food service companies run cafeterias.  The on-site chef and managers typically operate on a tightly managed budget that leaves them little flexibility to seek out and provide healthier options.

A chef employed by one of the largest corporate food service providers in the country told me last year that he could not substitute higher protein Greek yogurt for the sugar-soaked, low-protein yogurt in his breakfast bar. When I asked why, he told me that Greek yogurt was not on his ordering guide, and he was not allowed to buy it from a local club warehouse and bring it in.  In this same company, beverage coolers were stuffed to overflowing with sugar-sweetened drinks, all of which were front and center (and cheap), while waters and low-fat milk were shunted to the side coolers.  In another scenario, health system leaders I met with last year all raised their hands when I asked if they had wellness programs and kept them up when I asked if they also sold sugar-sweetened beverages in their cafeterias at highly profitable prices.  The irony was completely lost on them.  They had to be walked through the inconsistency of telling their employees to take (worthless) HRAs and biometrics, but then facilitating access to $0.69 22 oz fountain sodas.

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“Did You Take Care of Tsarnaev?”

I am affiliated with the institution where Dzhokhar Tsarnaev is currently hospitalized.  I am friends with people who have treated him.  I’m trying to stay away from those people; I would be unable to help asking them about him.  They might be unable to help talking about him.    There has been a flurry of emails and red-letter warnings cautioning people here not to talk about Mr. Tsarnaev or look him up on the EMR (Electronic Medical Record) system.  Despite this there have been leaks of information and photos from various sources.  It is virtually impossible to keep people from asking about him and talking about him.  Curiosity is human nature.  When human nature comes up against morals and laws, human nature will win a good percentage of the time.  The question is:  given what he has done, does this 19-year-old still have his right to privacy?

The answer, of course, is yes.  The American Medical Association includes patient confidentiality in it’s ethical guidelines:

“…the purpose of a physicians ethical duty to maintain patient confidentiality is to allow the patient to feel free to make a full and frank disclosure of information…with the knowledge that the physician will protect the confidential nature of the information disclosed.”

Threre are legal guidelines as well, most notably with the Health Insurance Portability and Accountability Act, or HIPAA.  This law was originally passed in 1996 to improve the efficiency and effectiveness of the health care system, allow people to switch jobs without losing their health insurance, and impose some rules on electronic medical information. Congress incorporated into HIPAA provisions that mandate the adoption of  the Federal privacy protections for health information.  The “simplified” administrative document for the privacy and security portions of HIPAA is 80 pages long.  Basically your health information cannot be shared with ANYONE. Of course, there are exceptions to HIPAA. Continue reading…

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