Got Insurance?

I go around telling people that information about ACA implementation ought to be as ubiquitous as those "Got Milk?" advertisements and that I would like to see some basic information on the side of milk cartons or on shrink wrapped cars tooling about Kansas City.  I am still looking for some takers on those ideas, but in the meantime I am very taken with an ACA education pamphlet put out by some IOM members working with some Emory University students:

http://iom.edu/~/media/Files/Activity%20Files/PublicHealth/HealthLiteracy/Background%20Documents/LetsAsk4ConsumerGuidehighres.pdf

I like it because it includes some necessary health insurance vocabulary education in it as well.  The ACA's health insurance exchanges would be far more approachable if the average American had a grasp on health insurance fundamentals.  They do not.  George Loewenstein, et al's forthcoming paper makes this very clear: http://www.sciencedirect.com/science/article/pii/S0167629613000532

But those of us who have spent ample time working with consumers, at almost all income and educational levels, knew this already.

Most sobering of all is the data on the limited number of Americans who understand fundamentals like  health insurance co-pays and deductibles, essential to comparing plans both inside and outside the exchanges.

Here's the big takeaway: we were always ignorant and always paid the price for our ignorance. Now, we're going to be outed in our ignorance unless some serious thought is given to educating consumers about one of the single most important purchase decisions they will need to make for themselves and their families.

ACO Growth Spurt

Leavitt Patners has produced a map showing ACO development intensity in various regions of the United States.  You may see it here: http://medcitynews.com/2013/08/acos-by-the-numbers-where-are-we-now/

The map tells us a few things that make sense: as Medicare ACOs increase in numbers, ACOs participating in the MSSP or Pioneer ACO program have come to dominate the ACO landscape, ACO growth lags in rural areas, there is a multiplictiy of ACO models at play: smaller physician group initiated,  large hospital centered, and  multiple provider entity models. 

Of course, with the exception of the small physician group centered model, these entities all have the advantage of size — both as to larger number of covered lives and number of providers.  This may not be a bad thing, though increased provider concentration has been anything but a nostrum for health care inflation cost control to date, but they surely highlight the challenges of establishing a rural or semi-rural ACO.

Last week at SEALS, in a roundtable on ACOs, Professor Jessica Mantel (Univ. of Houston Law Center) mentioned the rural ACO gap.  I have been thinking ever since about the realities of expecting rural would-be patients to travel some distance for health care. Would they travel or self-ration?  Health care antitrust analysis teaches us that most patients — when considered from the perspective of acceptable travel times — are reluctant to travel far for health care, both for the time and expense involved as well as the not inconsiderable fear of being hospitalized far from loved ones.  Would reasonable travel times for primary care have to be different from those for specialty care?  All specialty care? In-patient care?  

In a world where health care consumers are increasingly urged not to approach hospitalization alone, will travel for in-patient care promised as higher quality and lower cost appeal or not?

Latest Skirmish in California’s Scope of Practice Wars

SB 491, expanding scope of practice for California's advance practice nurses to limited tasks done without direct supervision, was not passed out of committee yesterday.  You can read about it here: http://blogs.sacbee.com/capitolalertlatest/2013/08/nurse-practitioner-bill-fails-in-california-assembly-committee.html.  Interestingly, SB 491 was not voted down so much as allowed to die — several members on the committee simply did not vote. Silence, of course, speaks volumes.

Public rhetoric runs high, including fears of lower quality and increased medical negligence, as illustrated in the article I have linked above. It is interesting to think that this may also be about power.  The expanded scope of practice bill for California's  pharmacists has survived the same committee after all. So, what's the difference?

Actually, before yesterday, California had three interesting scope of practice bills pending:

  • SB491: Would allow nurse practitioners to establish independent practices and deliver the level of care their training permits without a physician's oversight, including being able to see Medi-Cal patients.

  • SB492: Would permit optometrists to examine, prevent, diagnose and treat conditions and disorders of the visual system and human eye. It would permit an optometrist to diagnose, treat
    and manage additional conditions, and also to give vaccinations and perform primary care procedures requiring no more than topical or local anesthetic.

  • SB493: Would establish "advanced practice pharmacist" recognition status with specific training requirements, allowing such pharmacists to perform physical assessments, order and interpret medication-related tests, and refer patients to other providers.

One difference is the way SB493 has been amended to retain much of the power and authority of the work to be done by specialty pharmacists under the control of physicians.  You can see an analysis of SB 493's different iterations here: >http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0451-0500/sb_493_bill_20130528_amended_sen_v96.html>.

Sure, it is about compensation.  But it is also about power and control.

Missouri’s Stealth Health Insurance Exchange

Glad the NY Times has spotted it.  That Missouri federally facilitated health insurance exchange is a tricky one. You can rarely spot it.  But you can read about it here: http://www.nytimes.com/2013/08/03/us/missouri-citizens-face-obstacles-to-coverage.html?

Based, anecdotally, on the number of questions I receive via email as well as the number of speaking engagement requests I receive, I imagine that  most of Missouri's citizens are not only woefully underinformed about the ACA but also woefully underinformed about the choices the state has made that will shape the Missouri ACA experience.

In June, I suggested in remarks at a conference of health law professors, that we were in the midst of the largest health insurance counseling challenge of our lifetimes.  Missouri's stealth exchange may make ours particularly acute.

Health Care in the Fiberhood

Kansas City is being wired for high speed internet, in a big way.  Indeed, my neighborhood is fast approaching its installation dates.

Lots of people have been wondering if high speed internet connectivity might improve access to health care in Kansas City, particularly for seniors and the homebound. Kansas City, you see, is a city with limited public transportation and a city with considerable sprawl. 

Now, low income seniors are often concentrated in older residential neighborhoods that can be quite some distance from health services that target them. In addition to beefed up senior transit, I have been wondering if health education and self-care counseling might be transformed by the arrival of the fiberhood.

In Kansas City, Kansas at KU's Alzheimer's Disease Center,  a pilot project is underway to use the fast streaming characteristics of the hood to help people living with dementia and their family caregivers by offering  review and consultation on real-time as well as recorded video of behavioral challenges in need of immediate discussion.

I am all for anything that helps the hidden among us who live with dementia and the, also curiously hidden, who are family caregivers for those who live with dementia.  There is shame there. If I learned only one thing in my time on the State of California's Alzheimer's and Dementia State Plan Task Force Advisory Group,it is that family caregivers are deeply ashamed to admit that they may be having trouble caring for a loved one with dementia — as if it were a failure of love or effort rather than a brain disorder. People living with dementia can be challenging as can family members. Aging into dependence on an adult child (often a senior themselves) is complicated enough a life transition without cognitive impairment added to the mix.

If we are to face the "silver tsunami" of aging Americans with equanimity, we need to be thinking hard about anything we can do to bolster family caregivers in their darkest hours.

 

Ann Marie Marciarille: Obamacare: Winners and Losers

CNN's Money Blog has an interesting map outlining who loses out under Obamacare.  You can look at it here: http://politicalticker.blogs.cnn.com/2013/07/25/who-loses-out-under-obamacare/.

When you look at it you will see Missouri squarely within the non-expansion states, a decision estimated to affect 4.9 million uninsured Americans nationwide.  But there's more to the story than that, of course, and you may drill down into the demographic characteristics of those who make up the majority of uninsured individuals at less than the 138% federal poverty level of ACA Medicaid expansion, to see who really loses out on the decision not to expand Medicaid.

You can see these numbers presented graphically at the website of the Kaiser Commission on Medicaid and the Uninsured: http://kff.org/disparities-policy/issue-brief/the-impact-of-current-state-medicaid-expansion-decisions-on-coverage-by-race-and-ethnicity/.

What do we learn? Nearly six in ten uninsured Blacks at less that 138% FPL reside in states not moving forward with Medicaid expansion at this time. This compares with four in ten uninsured Hispanics and four in ten uninsured Whites and just about one quarter of uninsured Asians in these low income groups. This is another way of illustrating that the decisions of Texas, Florida, and Georgia not to expand Medicaid under the ACA will disproportionately harm African Americans. So much press coverage focuses on the state by state head count, when it might more usefully focus on the total population head count.

Maybe a glance at the first map already told you this, if you know anything about the demographics of non-expansion states. But maybe seeing the differential skewed not just by income but by race helps to clarify just who wins and loses here. For that matter, a population-oriented analysis shows who really benefits here as well.

 

 

The Revenge of the Disintermediated

Missouri Governor Nixon has signed into law a Missouri bill requiring that ACA Navigators be licensed by the Missouri Division of Insurance.  I am still wondering: "Licensed as what?" since the infrastructure to license these top level federally funded guides to Missouri's federally operated exchange is not in place.

In politics — as in the rest of life –  timing is everything.  If no Missouri  state health insurance Navigator licensing infrastructure is in place as of the  date of signing, will emergency state insurance regulations be necessary in order for Navigators to be in place when ACA enrollment opens on October 1st?  If not, who will perform the Navigator function in Missouri? Might we find volunteers in the already licensed but explicitly precluded from the Navigator role by federal law group known as for-profit commercial health insurance brokers?

This could get interesting. I think of these last attempts to derail an ACA insurance counseling system designed to promote direct purchase of health insurance as the revenge of the disintermediated.

Being a Pioneer on the ACO Trail is Not Easy

Now it is official that, after only one year, nine Medicare Pioneer accountable care organizations — among those who did not produce savings in their first year in the program — will leave the Pioneer ACO program for the Medicare Shared Savings Progam ACO model. Modern Healthcare reported it, CMS put its own spin on it, and the blogosphere has lit up with speculation.

What can we conclude after one year? 

Very very little about health care finance that we did not already know — health care provider compensation in the United States is premised  on some very entrenched principles, not the least provider insulation from cost and price among them.  Turns out, these entrenched principles are difficult to change. But even some of the departing Pioneer ACOs slowed health care cost growth somewhat. Slowing it enough to generate savings and enough savings to incite provider appetite for assuming both upside and down-side risk is another, longer term, project.

We might also tentatively conclude that it is easier to change provider behavior on quality than it is on cost.  A number of the departing Pioneer ACOs had significant — albeit short term– success in meeting quality benchmarks such as lowering risk-adjusted hospital readmission rates and improving  diabetes care. This is also not unexpected. Health care is likely to grow more expensive before it gets cheaper under the ACA.

Why the rush to try and draw conclusions after one year of Pioneer ACO experience?

We are an impatient people.  This is our virture and our vice. Whitman was correct. We are a resistless restless people.

Let's try not to draw too many firm conclusions too soon from a program just born.

Missouri Senate Interim Committee on Medicaid Transformation and Reform

Here's the ICMTR's charge:

http://www.senate.mo.gov/MedicaidTransformation/simr-charge.htm

It is interesting to see the reduction of fraud and abuse first and foremost in the ICMTR's charge.  There is much that can be done on this.

Missouri, for instance, does not allow whistleblowers to file qui tam (private attorney general proceedings) proceedings under the state false claims act — robbing the state statute of the strongest potential enforcement mechanism it might have in lean prosecutorial budgetary times. The statute's hostility to qui tam standing also renders  Missouri ineligible for important cooperative cases and recoupment with the federal government, because the state statute does not meet the stringency standards for such bonuses.

This one has been kicking around for some time. Missouri attempted to enact a buttressed  false claims act in 2011.  H.B. 374 included a qui tam provision and an anti-retaliation provision, and mirrored the language of the FCA.The bill did not pass before the legislature adjourned that session.

I wonder if fiscal watchdogs will line up to support another attempt at Missouri false claims act reform.

Talking Back to David Rivkin and Elizabeth Foley on IPAB

David Rivkin and Elizabeth Foley have a vivid Op-Ed in the June 19, 2013 Wall Street Journal. Titled: "An ObamaCare Board Answerable to No One" the piece begins by singling out the Independent Payment Advisory Board (IPAB) as the ACA's "new beast, with god-like powers."  They then offer "a vivid illustration of the extent to which life-and-death medical decisons have already been usurped by governmennt bureaucrats" — the Sarah Murnaghan transplant case.

But, IPAB hasn't been formed yet. IPAB, even once formed, will have no individual utilization review decision power — the ACA leaves this power where it has vested for some time now, in the hands of commercial insurance company utilization review schemes. No such review exists for government funded insurance. What, then, could Rivkin and Foley be talking about when discussing Secretary Sebelius's decision to maintain two separate lung-transplant lists: one for children and one for adults? Will IPAB be in charge of the difficult decisions that must be made about organ transplant availability?

Organ transplant availability is a sorry mess in the United States, a morass of  easily-gamed conflicting lists, rules, and programs. You can learn more about the gaming of an overwhelmingly de-centralized system here: http://www.npr.org/blogs/money/2012/05/29/153914790/who-decides-whether-this-26-year-old-woman-gets-a-lung-transplant  Interestingly, it is not the government that has made it so chaotic.

Now, maybe you didn't know these things.  And maybe some of the readers of the Wall Street Journal didn't know these things.  But I am going to guess that David Rivkin and Elizabeth Foley could have found these things out with some research.  Maybe the Wall Street Journal's fact checkers could have helped them out.

But then the Op-Ed would have to have taken on IPAB's defects on its own terms.