Making Patients Happy and What About the Discouraged Patients?

This past week, the New York Times discussed the role of patient satisfaction scores in changing Medicare reimbursement.  The timing is linked to the October 1st introduction of the new Medicare payment rate partly  based on hospital survey patient experience  data collected beginning in July of 2011.  

Never mind that 70 percent of the payment rate differential is based on procedural metrics unrelated to the satisfaction surveys, most of the ink I have seen spilled has been over the satisfaction surveys. This is because the survey questions try to get at the subjective experience of and observation of the quality of care.

I have written about this elsewhere. You can read my "'How's My Doctoring?' Patient Feedback's Role in Physician Assessment" paper here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2078684. I am heartened, as well,  to see this topic  discussed in the 2012 Health Care Reform Supplement to the Furrow, Greaney, et al Health Law casebook.  

Janet Adamy did a good job in her New York Times article of highlighting how survey questions like "How often did doctors treat you with courtesy and respect?" are about provider-patient communication and, ultimately, patient treatment plan adherence. But there were two topics that, though mentioned briefly, deserved far more attention.

First, when a patient notes and reports that an examination room is not completely clean it is not just an aesthetic observation, deeply relevant to "what we would want as a patient."  These same patient survey observations on hospital cleanliness standards should be deeply relevant to what we should  all want of our hospitals, objectively lower rates of hospital acquired infections.

Second, when urban hospitals note that patients who enter acute care stays through the emergency rooms, with their concommitmant lengthy waits, are significantly more displeased with their hospital experience, we should all take note.  Put aside important questions about why urban acute care hospitals tend to treat the sickest of the sick and the challenges this can pose for weighting patient satisfaction data against middle class commercially insured patients commenting on the amenities provided during suburban hospital  elective procedures. This matters. But we should also focus on the issue of patient wait times and discouraged patients abandoning the quest for care, something we don't track.  The latter are the wait times of failed encounters, after all.

But these failed encounters are tracked elsewhere, particularly in the U.K. The goal of tracking is to find out if the discouraged health care seekers enter the system later at  more expensive health care venues to seek services they could not obtain earlier. 

Thinking about discouraged patients is a little like thinking about discouraged job seekers in the labor and employment statistics.  In the latter, though we know the discouraged job seekers exist, we choose not to count them.

I wonder if something very similar isn't going on with emergency room data collection. What would we learn if we tracked everyone who arrived and not just those whose work and family commitments allowed them to wait hours to be seen? Do discouraged patients in the U.S. disproportionately abandon the quest for care or simply delay it or transfer it?

Kansas Supreme Court Upholds Statutory Limit on Noneconomic Damages for P.I. Plaintiffs

On August 12, 2012,  I blogged on how the Missouri Supreme Court struck down its noneconomic damages cap as an unconstitutional interference with the right to trial by jury. You can read it here:

http://delong.typepad.com/annmariemarciarille/2012/08/medmal-damages-caps.html.

Now the Kansas Supreme Court  has upheld its cap as consistent with a valid public interest objective. You can read Miller v. Johnson here: http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2012/20121005/99818.pdf

Interestingly, the Kansas Supreme Court expressed some skepticism about "the conflicting evidence regarding the existence and causes of the medical malpractice insurance and liability insurance 'crises' and whether there is any necessity for, or efficacy of, a cap on noneconomic damages." The Court then cites to Kansas precedent establishing that legislative choice may be based on rational speculation unsupported by evidence or empirical data.

I, myself, am still looking for some Kansas or Missouri data — specifically a retrospective study on the relationship between medical malpractice insurance rates over time in relationship to noneconomic damages caps. 

 

 

Pharmacy Compounding – Everything Old is New Again

To quote Monty Python, I have had that funny feeling of deja vu all over again this past week while watching news of the unfolding meningitis outbreak traceable to fungal meningitis from pharmacy compounding.  This is because we talk about pharmacy compounding rarely, typically when prompted by an outbreak of illness traced to compounded products.  Sadly, for the lives lost (and I fear there will be more), we do not focus on the roll of pharmacy compounding and its relationship to  prescription drug impurities the rest of the time.

In June of 2002, the unevenly regulated nature of pharmacy compounding was all over the press in northern California because of the death of George Stahl from bacterial meningitis traceable to to a cortisone shot using pharmacy-compounded medical supplies.  Mass prescription drug manufacturing is heavily regulated by the Food and Drug Administration.  Compounding pharmacies, allowed to operate in the interstitial regulatory world between the FDA and state pharmacy boards — are much more lightly regulated.

In an increasingly standardized world, compouding pharmacists were allowed to continue to compound because they were believed to serve the non-standard patients.  Compounding a prescription drug without a common preservative might be the only way to make that medication available to a patient allergic to the preservative, for example. 

But there's also a reimbursement story here. FDA-approved drugs cost more.  Regulation is not free. Compounding may be an attempt to circumvent expensive regulation.  It certainly raises more questions when the compounding pharmacy is  producing a significant volume of a lower priced drug to be sold to the health care providers of the standard patients.  The conduit of the compounded medication is the health care provider paid a set fee for the medication and its administration — someone seeking a higher profit margin by sourcing a product at a better non-regulated or lightly regulated price.

What is interesting about this is that there is nothing new about this.  In health care, everything old is new again. Just as pharmacist compounding is as old as the profession itself, our cyclical panic over this practice is a perennial.

In particular, the FDA's Pharmacy Compounding Committee of the 1990's tried to promote a stautory ban on sterile products (like cortisone shots) that for safety reasons should be determined to be demonstrably difficult to compound safely.  And that bill attempted to constrain the mass marketing of these dangerous-to compound-safely drugs. 

But the statute failed at the Supreme Court on First Amendment grounds.  You can read Thompson v. Western States Medical Center here: http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/PharmacyCompounding/UCM155167.pdf

Maybe it is time to rethink the premise of a ruling that pharmacists do not make enough profit out of compounded prescriptions to justify regulating them for safety under the FDA.  Justice O'Connor may have had  the truth of it  precisely inverted.  The truth is that larger scale compounding is quite lucrative, for compounding pharmacies and their health care provider purchasers alike.

Harry S. Truman – Special Message to the Congress Recommending a Comprehensive Health Program (November 19, 1945)

November 19, 1945

To the Congress of the United States

Millions of our citizens do not now have a full measure of opportunity to achieve and enjoy good health.  Millions do not now have protection or security against the economic effects of sickness.

The people of the United States received a shock when the medical examinations conducted by the Selective Service System revealed the widespread physical and mental incapacity among the young people of our nation.

We should resolve now that the health of this Nation is a national concern; that financial barriers in the way of attaining health shall be removed; that the health of all its citizens deserves the help of all the Nation.

None of this is really new. The American people are the most insurance-minded people in the world.  They will not be frightened off from health insurance because some people have misnamed it "socialized medicine."

 

My recent visit to the Truman Libray has sent me back to reread Harry Truman's proposed Economic Bill of Rights and his November 19, 1945 message to Congress on that proposal You can read the whole text here: http://www.trumanlibrary.org/publicpapers/index.php?pid=483. The Truman Library and archives are a national treasure.

The invocation of the national interest in a healthy conscript pool is striking in light of what we know about current deficiencies in the military recruit population. Specifically, I am reminded of the 2010 report "Too Fat to Fight" (http://cdn.missionreadiness.org/MR_Too_Fat_to_Fight-1.pdf) and wonder if our own lack of conscripted military service has served to shield many truths from ourselves, including the truth of our lack of fitness to defend ourselves.

The New Medicaid Expansion Opt-In and Disproportionate Share Hospitals

Inside baseball — inside the fairly insular world of hospital finance — one of the most widely discussed ACA provisions has always been the re-invention of the treatment of disproportionate share hospitals (DSH) under the ACA.  Often referred to as the end of DSH, the ACA might more accurately be described as an attempt to re-invent DSH.  Of course, the Supreme Court's re-invention of the ACA's Medicaid expansion provisions  has highlighted the way this re-invention of DSH was supposed to be executed.

What is DSH?  Well, there are really two flavors of DSH: Medicaid DSH and Medicare DSH. Generally, DSH  is a system of Medicaid and Medicare triggered payment adjustments, designed to offer federal funds to partially offset the high cost of being a hospital that disproportionately serves the uninsured, the underinsured, and the low income.  Pegged to Medicaid eligbility, Medicaid DSH payments always bore the mark of that program: incredibly uneven geographic distribution. 

Under the ACA's planned federalization of Medicaid's eligibility standards, this was to stop.  DSH payments were to be drastically cut back under the ACA, producing a considerable amount of anxiety in hospital circles everywhere but particularly in states considering opting out of the ACA Medicaid expansion.

Why the fear?  The federalization of Medicaid was specifically struck down in NFIB v. Sebelius.  Even if you are among the camp that thinks a majority of states will eventually opt-in to Medicaid expansion (as am I), you may not think this will necessarily be speedy or pretty. In the meantime, the squeeze will already be on Medicaid DSH payments.

So, hospital administrators in Kansas and Missouri must be afraid. Very afraid. 

Missouri’s Scope of Practice Wars

Missouri is one of the most restrictive states in the U.S. for scope of practice for APRNs (advance practice nurses). Yet, parts of Missouri are greatly underserved by primary care practitioners (PCPs). Although we have what might be best described as a nationwide shortage of PCPs, the Center for Studying Health System Change has documented that that the shortage is particularly acute in southern and western states. 

So, it could be worse here in Missouri.  But, it could be better.  And it might get much worse with the addition of a further 17 million Americans moving into insured status under the Affordable Care Act.

If we are stressed to provide PCP services in rural Missouri under the status quo (where an estimated 13 counties have only a CRNA — Certified Registered Nurse Anesthetist– to provide anesthesia services) what will happen if we expand Medicaid?  Is this a reason not to expand Medicaid? 

I sometimes hear this advanced as what I call the "we can't do it, so we shouldn't even try" argument, as if provider supply were immutable, immune from market forces.  PCP supply is so tight — the argument goes —  the whole system might collapse of its own weight if we further expand the pool of those seeking services.

This argument in favor of a rationing system based on grandfathering in the previously insured leaves me non-plussed.  Yet, it is a argument with considerable purchase in some health care reform debate circles.  It is, after all, the thinking behind widely discussed proposals to repeal the ACA but retain the provisions extending family health insurance coverage to children of insured families until the age of 26. 

The rationale — accident of birth, consanguinity or affinitity as a preference for insured status – seems to me to be close to arbitrary. The rationale for favoring employer based health insurance is in rewarding valued employees, not their 25 year old married, independent tax status, employed elsewhere offspring.

Similarly, the argument that Missouri not confront head on its primary care provider shortage as a form of health care rationing also seems arbitrary.

Scope of practice regimens — including Missouri's restrictive collaborative practice requirements restricting phsycians-CRNA collaboration to a 3:1 ration– are not accidents of nature or, even, next best systems thrown together in a world of limited resources.  They are programmatically designed to restrict the provision of  PCP services by APRNs in Missouri.  This they do very well.

Whether the solution to the PCP shortage is to loosen scope of practice constraints on APRNs or to increase PCP phsyician supply, we might best start by owning the problem and owning our own role in creating the problem.

 

 

ACA Implementation in Kansas

Last week, the Insurance Department of the State of Kansas held a three-hour hearing to collect public input on what should constitute the state's essential health benefits benchmark plan under the ACA. No, Gov. Brownback did not attend. But some of the staff of Insurance Commission Sandy Praeger was present as were a number of interested parties. I did not attend but was struck by the number of providers who submitted written testimony or asked to speak.

What's at stake? A great deal, apparently.

Under the ACA, the states may choose to participate in the creation of the models or templates for minimum essential benefits to be offered through their state exchanges or the federal government will perform this function for them. Each state has until September 30th to indicate what their benchmark plan recommendations are, though there are rumors of some give on that date.

A number of states have been busy benchmarking existing coverage in their states and developing recommendations on minimum essential benefits. This is because they believe health insurance markets are best understood on a local level and health insurance infrastructure is best crafted on a local level.

If you're interested in seeing the work being done on this in other states, you could look here (scroll down to the spreadsheet, about half way down the page):

States have some leeway in designing their core benefits plans, though they must meet certain federal guidelines and benchmark off of certain popular basic insurance plans found in the state. For Kansas, this would likely mean looking at a basic health insurance plan significantly richer than its current Medicaid benefit. That may be the rub.

Missouri Ballot Measure Wars: Health Insurance Exchange

Late last week, a Missouri state court ruled that the Missouri Secretary of State-produced ballot measure summary on health insurance exchanges was not a fair and sufficient summary of the ballot measure submitted.  The court ordered that the following ballot summary be used instead: "Shall Missouri law be amended to prohibit the Governor or any state agency, from establishing or operating state based health insurance exchanges unless authorized by a vote of the people or by the Legislature?"  The ballot summary found wanting asked if "Missouri law be amended to deny individuals, families, and small businesses the ability to access affordable health care plans through a state-based health benefit exchange unless authorized by statute, initiative or referendum or through an exchange operated by the federal government as required by the federal health care act?"

What's the difference? Everything. 

The rejected ballot summary emphasizes the inevitability of health insurance exchange establishment in Missouri under the ACA, explicitly noting that the federal government is prepared to establish a health insurance exchange in any state that does not establish one (with or without a vote of the people).  The replacement ballot summary frames the issue in a narrower way: should anyone other than the people or the legislature retain the authority to decide to launch Missouri's health insurance exchange.

Both seem to me to be pretty accurate.  They are just talking about two different things.  The out-moded ballot summary about the inevitability of an exchange and hard choices about trying to shape Missouri's exchange or take what the federal government gives.  The replacement ballot summary about the necessary role the state legislative process would have to play in creating the health insurance exchange.  It is, in fact, this process that adds considerable time to the exchange roll out process and why any state planning on do-it-yourself exchange building will need to get legislation in place very soon.

That said, maybe turning all of this into a ballot measure is the real decision itself.  By the time of the November 2012 vote, it may well be too late to launch the first and necessary exchange-building steps.

Maybe Missouri has already opted-out of a state designed and operagted health insurance exchange under the ACA.

Medicaid’s Widely Variable Income Cutoff

It is not widely enough discussed that it is possible to have an income below the federal poverty line and still not qualify for Medicaid.  It is a legacy of the peculiarly federal-state shared authority for Medicaid that we have — to repeat the truism — fifty different Medicaids. 

But what really ought to impress is just how different those fifty different Medicaids can be.  New Jersey, for instance, will provide Medicaid eligibility for parents with incomes at the federal poverty level  (about $18,500 for a family of three in 2011) while Missouri will only reach parents with incomes at about 18% of the FPL. (MO actually bases its eligibility on 1986 AFDC eligibility guidelines but I standardize the numbers to the FPL for comparison purposes, though the lack of a standardized eligibility measure should be telling in and of itself.)

After the Supreme Court's ruling on the Affordable Care Act, we may  not see the standarization of Medicaid eligibility the statute contemplated. This is more than an interesting historical disquisition if states choose not to opt-in to the ACA's Medicaid expansion. 

In fact, disparate treatment of low income Americans could only be increased by less than complete opt-in to Medicaid expansion. This disparate treatment, long the hallmark of Medicaid, may actually penetrate public consciousness in metropolitan areas, like Kansas City, where ACA expanded Medicaid may be available in one part of the city but not in the other. And this makes me curious about interstate migration and housing patterns as they relate to health insurance. We should all be curious.

Winners and Losers

The RWJ Foundation and the Urban Institute have produced some interesting data idenitfying the uninsured adults who could gain health insurance coverage under the ACA Medicaid Expansion opt-in.  The data on Missouri is particularly compelling: Missouri has a particularly stringent Medicaid eligibility standard so it is not surprising that Medicaid eligibilty would flex substantially under the ACA's Medicaid opt-in.

So, who are these people, these newly  Medicaid eligibles?

Nationwide, the newly Medicaid eligibles would be disproportionately young  — more than half of the newly eligible insureds are estimated to be under the age of 35.  And just over half of the newly eligible insureds would be male.  The most striking characteristic about the national group of newly eligible insureds would be that they are not parents living with dependent children.

This striking profile resonates with all of our deepest beliefs about who is worthy of public assistance.  The able-bodied poor have long endured  programmatic moral stigma attached to their status. And we intuit, even without sophisticated data manipulation, that merging the program for the able-bodied poor with one for the near poor and working class (up to 138% of the FPL) will make it harder to enforce the poor-law model of separating the worthy from the unworthy poor. Only what we're worried about is de-stigmatizing the able-bodied poor, I suspect.

Missouri also has a historic legacy of relatively low Medicaid participation by parents with dependants as well, however. That will be my next topic.