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The Oxymoron Columnist

MerrillCharles Krauthammer’s columns in the Washington Post are like the Wall Street Journal editorial page, must-reading for anyone who wants to keep up with the illogical fulminations and small-minded cruelties of what passes for intellectual discourse on the right. The intellectual bankruptcy of today’s offering shows not only why health care reform should pass, but why it will.

After scolding President Obama for continuing to push for reform despite “electoral rebukes” in Massachusetts, New Jersey and Virginia, he complains that the cost-savings in the bill are “ridiculously insignificant.” Dismissing the popular support of the insurance industry reforms that would protect most Americans from the worst predations of the health care insurance marketplace, he goes on to describe the 30 million Americans who would get health coverage as unworthy recipients of taxpayer largesse. The half trillion dollars in Medicare “cuts,” he writes, are “not to keep Medicare solvent but to pay for the ice cream, steak and flowers.”Continue reading…

Bush & Palestrant–Live from HIMSS

After days of technical gremlins holding me back, I’m getting my HIMSS interviews up online. I’ll start with one from two of my favorites. This is Daniel Palestrant of Sermo and Jonathan Bush of athenahealth, who are starting to work together in a potentially interesting way (if you’ve been following my mantra of Health 2.0 Tools and Communities merging). And both of them are pretty riotous to interview, so enjoy!

HIMSS impressions

HIMSS is like a 4 day party with interesting conversations, meetings that I always miss (sorry RelayHealth & Ingenix—I owe ya both!), and usually a travel complication. This time I got there smoothly but missed my plane out while chatting with Mitch Work at the next door gate. I was going to be spending the night in Dallas but I got lucky and the next plane to DFW arrived early enough that I could rush to the SFO flight and make it home. Great to see my wife for the first time in two weeks!

I have about 10 longish interviews that will go up when the video gremlins give up, but here are a few impressions.

Busiest booth?: I think Cisco wins. Maybe it was HealthPresence, maybe the magician—but it was always packed. What I think it means is that mainstream Internet tools are now coming into health care (with some little tweeks). But as MrHISTalk says, putting all the big guys in the A hall was a mite unfair on the C side—although I got to both a little.Continue reading…

Dispatch from HIMSS

Picture 82 I’ve just finished my day in Atlanta and am beginning a commute to Tokyo.

Every year, I describe my top 10 impressions from HIMSS. Here’s my summary of the event for 2010

I’ve just finished my day in Atlanta and am beginning a commute to Tokyo.

Every year, I describe my top 10 impressions from HIMSS. Here’s my summary of the event for 2010Continue reading…

Antitrust Warfare

Palestrant

Not since the days of monopoly busting and Standard Oil has anti-trust been such a contentious topic in American politics. Today, Teddy Roosevelt has been replaced by Nancy Pelosi and the oil barons have been replaced by……doctors? The healthcare debate is quickly turning into a dog fight about monopolies and price controls, and in doing so, unveiling some of the dark truths about how the money really flows in this country’s largest industry.

Turns out antitrust law has become so contorted and subverted that it now serves the interests of those it was meant to regulate far more than those it was meant to protect. This past week, the FTC announced a consent decree with Roaring Fork IPA, a physician network in Colorado ( click here). Of course, this is less than a week after the Speaker of the House announced that she will pin her party’s hopes of resurrecting healthcare reform on repeal of the 1945 McCarran-Ferguson Act, a little known antitrust exemption that benefits the insurance industry ( click here).

So why has antitrust become all-the-rage-all-of-a-sudden?  The Sherman Antitrust laws were originally intended to prevent monopoly behaviors, however, it has become a key tool in keeping physicians as indentured servants in our healthcare system.  As Medicare continues to reduce payment rates, more and more providers are choosing to opt-out rather than contract to deliver services at a loss. Most notably, the Mayo Clinic chose to do this a few weeks back ( click here).  What is fascinating, however, is that the FTC is claiming that the Roaring Fork’s decision (unlike Mayo’s) constitutes an anti-trust violation so egregious that it is worthy of an investigation and the consent decree.  With 65 physicians, Roaring Fork represents well less than 1% of the physicians in Colorado, so why the anti-trust concern?

The answer lies in the cozy relationship between the insurance industry and the FTC.  Insurers are determined to make sure that physicians are kept from having any leverage nor allowing market forces to create a balanced supply-demand between physicians and patients.  The net goal of both is keeping physician payment artificially low, while maximizing insurance company profits.  For physicians, Roaring Fork should be a wake up call to accelerate their efforts to decrease their dependence on third party payers and their adoption of technologies and services that can even the playing field.

Today we are witnessing a Kafka-esque sequence of events.  Teddy Roosevelt, the original trust buster, would literally bust out laughing if he could see the incumbent political party pinning their hopes for their highest profile political effort on repeal of an anti-trust exemption, while the government chases after……..doctors, for ostensibly violating this same law.  Only in America.

Daniel Palestrant is the CEO of Sermo, the social networking site for physicians. He is a regular contributor to THCB.

The Enthusiasm Gap

Reich

I had dinner the other night with a Democratic pollster who told me Dems are heading toward next fall’s mid-term elections with a serious enthusiasm gap: The Republican base is fired up. The Dem base is packing up.

The Dem base is lethargic because congressional Democrats continue to compromise on everything the Dem base cares about. For a year now it’s been nothing but compromises, watered-down ideas, weakened provisions, wider loopholes, softened regulations.

Health care went from what the Dem base wanted — single payer — to a public option, to no public option, to a bunch of ideas that the President tried to explain last week, and it now hangs by a string as Nancy Pelosi and Harry Reid try to round up conservative Dems and a 51-vote reconciliation package in the Senate.

The jobs bill went from what the base wanted — a second stimulus — to $165 billion of extended unemployment benefits and aid to states and locales, then to $15 billion of tax breaks for businesses that make new hires.

Financial regulation went from tough new capital requirements, sharp constraints on derivate trading, a consumer protection agency, and a resurrection of the Glass-Steagall Act – all popular with the Dem base — to some limits on derivatives and a consumer-protection agency inside the Treasury Department and a rearrangement of oversight boxes, and it’s now looking like even less.

The environment went from the base’s desire for a carbon tax to a cap-and-trade carbon auction then to a cap-and-trade with all sorts of  exemptions and offsets for the biggest polluters, and now Senate Dems are talking about trying to do it industry-by-industry.

These waffles and wiggle rooms have drained the Democratic base of all passion. “Why should I care?” are words I hear over and over again from stalwart Democrats who worked their hearts out in the last election.

The Republican base, meanwhile, is on a rampage. It’s more and more energized by its mad-as-hell populists. Tea partiers, libertarians, Birchers, birthers, and Dick Armey astro-turfers are channeling the economic anxieties of millions of Americans against “big government.”

Technically, the Dems have the majority in Congress and could still make major reforms. But conservative, “blue-dog” Dems won’t go along. They say the public has grown wary of government. But they must know the public hasn’t grown even more wary of big business and Wall Street, on which effective government is the only constraint.

Anyone with an ounce of sanity understands government is the only effective countervailing force against the forces that got us into this mess: Against Goldman Sachs and the rest of the big banks that plunged the economy into crisis, got our bailout money, and are now back at their old games, dispensing huge bonuses to themselves. Against WellPoint and the rest of the giant health insurers who are at this moment robbing us of the care we need by raising their rates by double digits. Against giant corporations that are showing big profits by continuing to lay off millions of Americans and cutting the wages of millions of more, by shifting jobs abroad and substituting software. Against big oil and big utilities that are raising prices and rates, and continue to ravage the atmosphere.

If there was ever a time to connect the dots and make the case for government as the singular means of protecting the public from these forces it is now. Yet the White House and the congressional Dem’s ongoing refusal to blame big business and Wall Street has created the biggest irony in modern political history. A growing portion of the public, fed by the right, blames our problems on “big government.”

Much of the reason for the Democrats’ astonishing reluctance to place blame where it belongs rests with big business’s and Wall Street’s generous flows of campaign donations to Dems, coupled with their implicit promise of high-paying jobs once Democratic officials retire from government. This is the rot at the center of the system. And unless or until it’s remedied, it will be difficult for the President to achieve any “change you can believe in.”

To his credit, Obama himself has not scaled back his health-care ambitions all that much, and he appears, intermittently, to want to push conservative blue-dog Dems to join him on a bigger jobs bill, tougher financial reform, and a more effective approach to global warming. (His overtures to Republicans seem ever more transparently designed to give blue-dog Dems cover to vote with him.)

But our President is not comfortable wielding blame. He will not give the public the larger narrative of private-sector greed, its nefarious effect on the American public at this dangerous juncture, and the private sector’s corruption of the democratic process. He has so far eschewed any major plan to get corporate and Wall Street money out of politics. He can be indignant– as when he lashed out at the “fat cats” on Wall Street – but his indignation is fleeting, and it is no match for the faux indignation of the right that blames government for all that ails us.

Robert Reich served as the 22nd United States Secretary of Labor under President William Jefferson Clinton from 1992 to 1997.  He blogs at RobertReich.com, where this post first appeared.

Some Thoughts On the Word “Filibuster”

As I noted in another post, the media seems to be turning “reconciliation” into an ugly word.

But “filibuster” is the word with a more unsavory history. (Thanks to HeathBeat reader Barry Carroll who sent me a link to the history of the word.)

“Filibuster” finds its root in the Spanish word “filibustero,” which means “pirate.” The filibuster was originally seen as an opportunity to “pirate” or “hijack” a debate.

In modern American history the filibuster became infamous as a tool used to block civil rights legislation.  This tradition goes all the way back to 1946 when Southern Senators blocked a vote on a bill proposed by Democrat Dennis Chavez of New Mexico that would have created a permanent Fair Employment Practices Committee to prevent discrimination in the work place. The filibuster lasted weeks, and Senator Chavez was forced to remove the bill from consideration.

Continue reading…

Confused, Conflicted, Clueless and Cranky

Taylor

Humphrey Taylor is Chairman of The Harris Poll.  Prior to joining Harris, Taylor worked in Britain where he conducted all of the private political polling for the Conservative Party and was a close adviser to Prime Minister Edward Heath in the 1970 campaign and subsequently to Margaret Thatcher. After a year of debate, in which health care policy was covered in the media almost daily, very few people are even moderately well informed about the details of the proposals for health care reform.  But many of them have strong opinions.  Most people, our data would suggest, are confused, conflicted, clueless and cranky: confused because of the complexity of the many issues that are on the table; conflicted because they often favor policies that are mutually contradictory; clueless because they don’t know, let alone understand, most of what is being proposed; and cranky because Washington has failed, yet again, to provide a health reform bill they like.

The mind-boggling complexity of the system and the proposed reforms provide plenty of opportunities to attack the proposals, however unfair or unreasonable they may seem to advocates of reform.  Critics say the proposed reforms would lead to a government take-over of the system, higher taxes, less choice, lower quality, higher unemployment and rationing.

Confused? One huge problem is that the American health care “system,” as it is euphemistically called, is fiendishly complicated.  Health insurance coverage is provided by Medicare, Parts A, B, C, D, Medicare Advantage, Medicaid, employers and their insurance plans, the V.A., D.O.D., FEHBP, SCHIP, WIC, the Indian Health Service, community clinics, HMOS, PPOs, and the individual insurance market.  There are state regulated and ERISA plans.  Important federal government health care agencies include HHS, CMS, AHRQ , CDC and NIH.  There are solo, small and large practices, single and multi-specialty groups, and integrated medical systems.  Hospitals and doctors employ huge numbers of people at great expense to figure out how to get reimbursed by insurers, Medicare and Medicaid, and how to deal with uncompensated care.

Physicians are paid on a fee-for-service basis, by capitation, and by salaries, and can receive bonuses and pay-for performance incentives.  These payments come from thousands of different health plans, each with its own rules as to what is reimbursed and how.

Complexity of reform proposals

A benign dictator who wanted to reform the health care system might decide to scrap it completely and replace it with a simpler system that would be much easier to understand, much less expensive to manage and much easier to improve.  But most Washington watchers who understand the politics of health care policy believe that this is politically impossible.  Too many powerful interests are involved.  Therefore, most major reform proposals with significant support build on the system we have now rather than replace it.  They would keep employer-provided insurance, private sector health insurance, Medicare, Medicaid, the V.A., the D.O.D., and the other third-party payers.  They would keep the many government agencies that manage and regulate different parts of the system.

And then, as if the system is not complicated enough, the congressional proposals would add more complexity, new agencies, and new regulations.  One or both of the House and Senate bills would create individual and employer mandates, with new subsidies for some employers and low-income individuals, reduced subsidies for Medicare Advantage, a “public option” to compete with private sector insurance, new taxes on “Cadillac plans” and the rich, the barring of medical underwriting based on health status (pre-existing conditions and recision), and health insurance exchanges.  Those proposals would encourage, expand and make use of electronic medical records, electronic prescribing, and other health information technologies, comparative effectiveness research, quality measures, price transparency, wellness programs, “medical homes,” patient-centered care, evidence-based medicine and outcomes research.

Another whole layer of complexity relates to the need for fundamental reimbursement reform.  Our 2008 survey of health care opinion leaders for the Commonwealth Fund found a large majority who believed that this is the most important step that needs to be taken to improve the efficiency of the system and quality of care.  Reimbursement reform means changing “perverse incentives” in the way that doctors are reimbursed, reducing fee-for-service payment and moving to bundled payments, payments for episodes of care, capitation or salaried physicians.  Experts argue that this would require many  more accountable care organizations (ACOs) and medical homes.

Are your eyes glazing over?  There are probably only a few thousand health care policy wonks who fully understand all the complexity of our system and of the proposed reforms.

What most people don’t know or don’t understand

In addition to the unbelievable complexity of the health care system and reform proposals, there are some simple and very important factors that most people do not think or talk about, and probably do not believe.

Most health care economists believe that present cost and coverage trends are not politically or economically sustainable.  They believe that we will have to make really tough choices as we try to satisfy potentially infinite demand with finite resources.  For how long can health care spending increase  2½ times faster than GDP?  How many more uninsured people will we tolerate?

Some political leaders and media seem to encourage this ignorance and the simplistic belief that if only their policies were adopted we could have it all – access to high quality care at an affordable cost with no new taxes, and secure access to all needed services for the rest of our lives.  Most people seem to believe that it would be possible for everyone to have access to all the wonders of modern medicine without much higher taxes or other costs.  Most people believe that insurers should insure anyone who wants insurance, without requiring the young and the healthy to buy insurance.  Adverse selection and moral hazard are not just incomprehensible insurance jargon; few people have ever thought about the concepts.

A recent Pew survey found that only two percent of all adults could correctly answer twelve very simple questions about politics (e.g., how many Senate votes are needed to break a filibuster; who, of four well-known politicians is the Senate Majority leader).  One can only speculate as to what percentage of the public would pass a similar test of “health reform literacy.”

Conflicted?

Most people believe that the health care system “has so much wrong with it that fundamental changes are needed.”  They believe health care costs too much and that everyone should have health insurance.  So where’s the conflict?  The problem is that many people tend to support contradictory positions.  They oppose cutting benefits but don’t want their taxes , their out-of-pocket costs, or their premiums to increase.  They believe that everyone should have affordable access to every test, treatment and procedure that they or their doctors want but don’t stop to think what this would cost or how it would be paid for.  They favor universal coverage but oppose an individual mandate.  They favor an employer mandate but don’t want to make it more expensive for employers to hire people.  They favor a “public option” but oppose a “government-run insurance plan.”  They believe every patient should have access to high quality care, but don’t think the young and the healthy should to have to pay for it.

Clueless?

It is tough to win public support for proposals when very large numbers of people are misinformed and believe many of the strange criticisms made by those opposing reforms.  In recent polls, two-thirds (65%) of the public believed that “the proposed reforms would result in a government-run health care system,” even though the reforms would greatly increase the number of people with private sector insurance. More than half the public believed that the proposed reforms would “reduce the choices many people have now” (55%), that health insurance would be “too expensive for many people to buy” (52%), or “would make it harder for many people to get the care they need “ (51%).  A 45% to 30% plurality believed that “the proposed reforms would hurt Medicare.”  And more than a third (37%) that the “proposed reforms would create death panels that would decide who should live and who should die.”

The public was split 41% to 41% as to whether health care would be “rationed,” and do not realize that we already ration care by reimbursing or not reimbursing it. Large minorities believed that “Medicare will be phased out” (32%), that the “plan promotes euthanasia to keep costs down (25%), and (where did this come from?) that “the government will be able to access individual bank accounts to help pay for services” (23%).

Cranky

The polls sometimes mislead their readers by suggesting that people already have opinions when they ask questions about the details of the policy.  These polls can be useful; they can test the public’s reactions to issues and policies and the language used to present them.  But reactions to a question do not mean that people actually had opinions on the issue (let alone understood it) before they were surveyed.  However, most people do have opinions about health care reform, even if they do not know much about what is being proposed.

What is striking now is the contrast between the large 78% majority of the public who thinks that “fundamental reforms are needed” or that the “system needs to be completely rebuilt” and the hostility to the proposed reforms.  Attitudes to proposed reforms seem to have much more to do with the popularity of who is proposing them than what is being proposed.  In September 2009, we found that a 53% majority thought that President Obama’s proposed reforms were “a good thing” while a 54% majority believe the proposals of the Democrats in Congress were “a bad thing.”  But what was the difference between their policies?  Since September, support for the president’s proposals has declined along with his job rating.  And while the Democratic proposals are unpopular, the Republican proposals (whatever they are) are much more unpopular.

In conclusion

The polling data underline the truth of the advice to “keep it simple, stupid.”  Unfortunately, the system we have now is absurdly complicated and health care reform could only be simple if we nuked the system we have and re-built it from scratch.  And that won’t happen.

Rhetoric trumps substance.  In the absence of a simple, comprehensible reform, it is easy to criticize any package of reforms.  People who are misinformed and have little understanding of what is actually being proposed often hold very strong opinions.

The introduction of Social Security and Medicare (which were bitterly opposed at the time) involved relatively simple concepts that could be explained to most people.  The health reform proposals now on the table, and some of those proposed in the past, cannot.   This helps explain why so many presidents, Democratic and Republican, have failed to pass substantial health care reform that would greatly reduce the number of uninsured and help contain costs.