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Above the Fold

Judge Vinson’s Tea Party Manifesto

Feb 2, 2011• 10

By MARK HALL, JD

On first read, the most striking aspect of Judge Vinson’s ruling today is not its remedy — striking the Affordable Care Act in its entirety — but the impression one gets that the opinion was written in part as a Tea Party Manifesto. At least half of the relevant part of the opinion is devoted to discussing what Hamilton, Madison, Jefferson and other Founding Fathers would have thought about the individual mandate, including the following remarkably telling passage (p. 42):

It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.

As I’ve written elsewhere, the same Founders wrote a Constitution that allowed the federal government to take property from unwilling sellers and passive owners, when needed to construct highways, bridges and canals. But Judge Vinson dismissed those and other examples with the briefest of parenthetical asides: “(all of [these] are obviously distinguishable)” (p. 39). Instead, he twice cites and quotes the lower court opinion in Schechter Poultry (pp. 53, 55), which struck down the National Industrial Recovery Act, at the height of the Great Depression and the pinnacle of Lochner jurisprudence.

NJ ACO: A Sheep in PHYCORE Clothing

Feb 1, 2011• 1

By SCOTT SHREEVE, MD

I am on an email list of Bill DeMarco’s, a reputable industry insider who has written and consulted extensively in the physician group and medical management space. He recently sent me a note about several physician aggregation events in New Jersey.

For some reason it struck a nerve with me . . . which led me to fire off the response below:

Bill,

I thought we already saw this movie?

My question for you . . . besides banding together in some megagroup – what are these physicians doing to actual change the delivery of medicine? ACO is just the latest buzzword excuse to aggregate physicians under a new moniker and a supposed new model.

I am highly suspect that these physicians are doing anything to change the relationship with their patients, to use enabling technology to create team based care, or actually be accountable for the outcomes they produce. What systems are they using to tie themselves together? What financial alignment do they have? What measures are they using to demonstrate superior outcomes? What about the patient experience – 7 minute visits that push pills as the “treatment” won’t get it done in the future.

I think your closing statement, “Representatives from Summit and Optimus were unavailable for comment” says it all.

Am I seeing this the wrong way? Is there anything new about this model this time around? Am I getting old enough to see these things cycle through?

PS – and no, I don’t mean a wolf. The sheep get nervous and band together waiting to get pounced on by wolves.

Scott Shreeve, MD, is a consultant, speaker and writer whose professional interest is the convergence of medicine, technology, and business. He blogs at Crossover Health.

The Beautiful Uncertainty of Science

Feb 1, 2011

By MARYA ZILBERBERG, MD, MPH

I am so tired of this all-or-nothing discussion about science! On the one hand there is a chorus singing praises to science and calling people who are skeptical of certain ideas unscientific idiots. On the other, with equal penchant for eminence-based thinking, are the masses convinced of conspiracies and nefarious motives of science and its perpetrators. And neither will stop and listen to the other side’s objections, and neither will stop the name-calling. So, is it any wonder we are not getting any closer to the common ground? And if you are not a believer in the common ground, let me say that we are only getting farther away from the truth, if such a thing exists, by retreating further into our cognitive corners. These corners are comfortable places, with our comrades-in-arms sharing our, shall we say, passionate opinions. Yet this is not the way to get to a better understanding.

Because I spend so much time contemplating our larger understanding of science, the title “Are We Hard-Wired to Doubt Science” proved to be a really inflammatory way to suck me into thinking about everything I am interested in integrating: scientific method, science literacy and communication and brain science. The author, on the heels of doing a story on the opposition to smart meters in California, was led to try to understand why we are so quick to reject science:

But some very intelligent people I interviewed had little use for the existing (if sparse) science. How, in a rational society, does one understand those who reject science, a common touchstone of what is real and verifiable?

The absence of scientific evidence doesn‚Äôt dissuade those who believe childhood vaccines are linked to autism, or those who believe their headaches, dizziness and other symptoms are caused by cellphones and smart meters. And the presence of large amounts of scientific evidence doesn‚Äôt convince those who reject the idea that human activities are disrupting the climate.

She goes on to think about the different ways of perceiving risk, and how our brains play tricks on us by perpetuating our many cognitive biases. In essence, new data are unable to sway our opinion because of rescue bias, or our drive to preserve what we think we know to be true and to reject what our intuition tells us is false. If we follow this argument to its logical conclusion, it means that we just need to throw our hands up in the air and accept the status quo, whatever it is.

Cruel Shoes

Feb 1, 2011• 8

By JOHN HENNING SCHUMANN, MD

A thirtysomething friend of mine, let’s call her Sally, started running last year in an effort to get in better shape.

As often happens in these scenarios, Sally developed some foot pain. So she went to a “foot” doctor (I’m not sure whether she meant a podiatrist or an orthopedic surgeon specializing in feet).

Reasonably enough, the doctor ordered an x-ray of her foot. The official reading showed no fracture, but there was a “questionable” finding on the edge of one of the midfoot bones such that the doctor couldn’t rule out some more insidious process. A stress fracture, perhaps? Those can be awful, and take a long time to heal.

So, again in reasonable fashion, the doctor ordered a CT scan of Sally’s foot. This is the logical next step if a plain old x-ray is abnormal. Heck, a lot of the time, even when an x-ray is normal, we still order the CT scan looking for something that we can’t see on the x-ray.

And though I said this was a reasonable choice, if you really think about it, was it so reasonable?

Fighting Compassion Fatigue

Feb 1, 2011• 6

By VIPAN NIKORE, MD

Six months down. Six to go. I am officially halfway through what people have told me will be one of the most challenging years of my life. I’ve rotated through Cardiology, Primary Care, Gastroenterology, General Medicine, Psychiatry, Palliative Medicine, the Medical Intensive Care Unit (MICU), and Rheumatology. Finally I have reached every resident’s favorite rotation – vacation.

Intern year has been hard work, but I’ve enjoyed it and am extremely pleased with the experience my Internal Medicine program has provided. Each rotation has taught me a tremendous amount and helped me grow as a physician, but the most profound impact occurred during my back-to-back rotation in Palliative Medicine and the MICU. Last August, Atul Gawande wrote an insightful essay titled “Letting Go” in The New Yorker. He vividly illustrates the different mindsets for treating patients in palliative medicine compared with doing so in the ICU. He discusses the lost art of dying and how palliative medicine can help us regain that art. I was fortunate to have witnessed this sharp contrast by working in palliative medicine immediately followed by working in the MICU for a month.

The sights and sounds while walking through the halls of our Palliative Medicine floor are unique. One moment, I might walk past the “Caring K-9” dog, and the next moment I might hear peaceful sounds from a talented violinist as I walk by a patient’s room. As Gawande mentioned, the goal in palliative medicine is comfort, and any measure that may enhance comfort is fair game. Contrast that experience to the ICU, where I might arrive to work at 5 a.m. and by 5:01 a.m. might be doing compressions in attempt to restart a stopped heart. No morning coffee to settle in, no dogs roaming the hall, no violinists. It is intense and unpredictable in the ICU. Generally the goal is the keep the patient alive at all costs.

Physician Executives Should Not Ignore How Smartphones Will Transform Healthcare

Jan 31, 2011• 15

By KENT BOTTLES

Physician executives who ignore smartphones and their healthcare applications will miss the most important disruptive technology trend in the next five years. Physician executives who understand how smartphones will transform the industry for providers, payers, patients, and employers will thrive in their careers.

Rajeev Kapoor, a former executive at Verizon, describes the smartphone-enabled transformation: “The paradigm of healthcare has changed. You used to bring the patient to the doctor. Now you take the doctor, hospital, and entire healthcare ecosystem to the patient.” (http://ow.ly/3GIir) Susannah Fox of the Pew Research Center’s Internet and American Life Project offers a specific example when she talks about the celiac disease patient who uses her smartphone to evaluate food products in the grocery store.

“You cannot call your gastroenterologist every time you buy a new product.” (http://e-patients.net/index.php?s=fox) David Jacobson of Wellpoint notes that “The technology of telehealth is well ahead of the socialization of the telehealth idea and we are at a tipping point for utilization to begin taking off.” (http://ow.ly/3GIir)

The Global mHealth Developer Survey found that today 78% of respondents said that smartphones offer “the best business opportunities for mobile healthcare” in 2011; by 2015, 82% said smartphones would dominate the industry. Cell phones, tablets, and PDAs trailed smartphones in popularity according to the survey. (http://ow.ly/1aVf9V)

Victims of Health Care Reform

Jan 31, 2011• 43

By JOHN GOODMAN, PhD

Who will be hurt the most by the health reform legislation Congress passed last year?

Answer: The most vulnerable segments of society: the poor, the elderly and the disabled. That’s right. Virtually everyone in Congress who is left-of-center voted for a law that will significantly decrease access to care for the people they claim to care most about.

Why isn’t anyone writing about this?

Answer: Because almost all the people who write about health care know almost nothing about economics.

Basically, there are two ways to reform health care. One way is top down. The other is bottom up. The latter is based on the economic way of thinking. The former rejects that way of thinking. The latter gets the economic incentives right for all the individual actors, leaving the social result largely unpredictable. The former starts with a social goal and tries to impose it from above, leaving individuals with perverse incentives to undermine it. The latter depends for its success on people acting in their self-interest. The former depends for its success on preventing people from acting in their self-interest.

I think I can probably count on the fingers of two hands the number of people in health policy who accept the economic way of thinking. All the rest — 99.9% of the total, including a lot of people with “Ph.D., economist” after their names — reject it in spades.

The Safety of HIT-Assisted Care

Jan 31, 2011• 1

By JOHN HALAMKA, MD

I was recently asked by an Institute of Medicine committee to comment about the impact of healthcare information technologies (HIT) on patient safety and how to maximize the safety of HIT-assisted care.

“HIT-assisted care” means health care and services that incorporate and take advantage of health information technologies and health information exchange for the purpose of improving the processes and outcomes of health care services. HIT-assisted care includes care supported by and involving: EHRs, clinical decision support, computerized provider order entry, health information exchange, patient engagement technologies, and other health information technology used in clinical care.

There are two separate questions:
1. What technologies, properly used, improve safety?
2. Given that automation can introduce new types of errors, what can be done to ensure that HIT itself is safe?

To explore these topics, let’s take a look at Health Information Exchange (HIE). What HIE technologies improve safety and how can we ensure the technologies are safe to use?

A Medical Student’s Dilemma

Jan 31, 2011• 9

By LIBERTAD FLORES

I remember joking with Dad about how he’d outlive us all. He had gone vegetarian 10 years before I was born, never smoked, took vitamins, and asked for a designated driver after his annual Heineken at the neighbor’s Christmas shin-dig. He flossed, wore a seat belt, and looked forward to annual physicals. If I tried leaving our Michigan house in the winter with more than 3 inches of skin exposed, he would follow me to the door yelling “It’s no fun being sick!” We were always working class, but both my parents had union jobs with solid benefits and therefore we were covered by two health plans. Despite our attempts at persuasion, he refused to drop his coverage–the Rolls Royce of health plans, as we dubbed it–in favor of my mother’s plan. “I don’t want to worry about bills” he said, and only dug his heels in after retiring.

Nevertheless, on his 64th birthday my father had an endoscopy, after which the physician looked stricken. Later I saw images of the adenocarcinoma that spread like a hand around the top of his stomach and into his liver. He was supposed to have 3 months without treatment, but things were looking up after a few rounds of chemotherapy. He was tolerating the treatment well, and the spots on his liver shrank. Thank God he stuck to his guns about the insurance, I thought. It was one less thing to worry about.