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Ezra Klein Recommends Cutting Medicare Payments To Inner City Hospitals?!

Oh, man, I picked a fight with Ezra and he got all wonky on me, even with a chart.  Oh Noes!  Not a chart!  And … it’s actually a pretty interesting chart.  Here it is:

First of all, just for the record, let it be noted that my previous post was entirely about Medicare’s under-reimbursement of physicians, and Ezra’s clearly going all Willie Sutton and going where the real dollars are: facility reimbursement.  Fair enough, though I’ll disclaim that I’m not nearly as well-versed in hospital reimbursement as I am in the professional side of the Medicare fee schedule.

The above graph would seem to disprove Ezra’s original thesis, that hospitals continue to participate in Medicare because it is profitable for them to continue to do so.  As you can see, there’s rampant cost shifting, as Medicare pays only 92% of the actual costs of inpatient care whereas the commercial payers are in the high 120s%.  Right?

Well, yes and no.  The lifeline in this case is some very interesting testimony by the head of MedPac regarding a small subset of hospitals (about 12% of all hospitals) who were actually able to eke out a positive margin (0.5%) on Medicare payments in 2004-2006.  The contention is that since these hospitals were able to do so, and with higher quality than the other 88% of hospitals, that the hospital industry in general is inefficient and if they were only able to get their act together Medicare payments would be sufficient to support a viable hospital industry.

The key factor which Ezra glides over is that these hospitals are in the “financially pressured” category.  There doesn’t seem to be a definition or cross-tabs on what exactly “financially pressured” means, but these hospitals actually have a worse operating margin on their non-medicare business (-2.4%).  Given that, it’s fairly safe to conclude that this means hospitals with crummy payer mixes — high medicaid and uninsured, low numbers of commercially insured patients.  This occurs most commonly in rural and inner-city markets — underserved areas in which there is usually one hospital at best.  These undesirable markets do not encourage other providers to enter and compete for customers and so the hospitals there tend to undercapitalize, willfully or no, and offer bare-bones services.  That some fraction of “financially pressured” over-perform on outcomes is not explained in the testimony.   It could be a statistical aberration, or cherry-picked data; giving credit to the integrity of MedPac, it might be due to the exceptional leadership that some of these financially stressed hospitals have developed.  The testimony does not reveal what fraction of “financially pressured” hospitals outperform on quality measures — if less than 50% of “financially pressured” hospitals outperform on quality, it would imply that the under-funding of these facilities harms quality of care more than it helps.  Note that those that outperform have substantially worse margins (0.5% vs 4.2) on Medicare payments, implying that there is some linkage between higher expenditures and better outcomes.

I am gallant, however, and I will concede the key point here: hospitals which are well-funded do tend to be inefficient.  Specifically, areas with enviable payer mixes are generally served by multiple hospitals and those hospitals compete for patients and revenue by over-capitalizing and improving amenities and customer service.  This is just another example of the perversion of the market in which patients do not directly bear the costs of their health care decisions.

Coming back to the original point: if Medicare were such a lousy payer, hospitals would opt out, yet this never occurs.  Interestingly, the well-heeled suburban hospitals who lose the most money on Medicare patients are the least likely to opt out of Medicare.  They have such high margins on their commercial patients that they can view Medicare as their charity contribution to the community.  On the other hand, the financially pressured hospitals do better on Medicare than the rest of their payers, so Medicare is their economic lifeline.  Or, more formally, the value of Medicare patients to a hospital varies inversely with the number of commercial patients in their payer mix.

Ezra’s conclusion here is that we need to cut costs, hospitals are in many cases inefficient, and so we should just reduce payments to them until they feel the pain and dial it way back.  As my old medical director used to say, “We’re building a Buick, not a Cadillac.” But there are many problems with such a strategy.  For one, the hospitals most dependent on Medicare would be harmed most by reductions in payments.  While workarounds could be crafted for financially stressed hospitals, it’s unclear what effect reductions in payments would have in quality, but it would be hard to imagine that quality in general would improve.  And it’s not clear to me that this really addresses the key drivers of cost: wasteful and redundant care, as opposed to more-expensive-than-it-needs-to-be inefficient care.  Given the volume incentive of the fee-for-service game, reductions in compensation usually just drive increases in utilization, not the other way around.

Ultimately on this point, I have to concede ignorance.  I know that the Medicare Professional Fee Schedule for phyicians is woefully inadequate and needs to be increased.  I do not know if the same applies to the hospital fee schedule — I’m just not well-enough versed in the economics of that game.  I should point out that while medicare payments to physicians have been essentially frozen since 2001, the facility fees, unconstrained by the SGR, have risen year over year to keep pace with inflation.  I never did see any disagreement with my original points, by the way, that for professional services, the underfunding of Medicare is leading to decreased access as physicians close their practices to new Medicare patients, and that hospital-based physicians are unable to opt out due to the nature of their relationships with the hospitals who employ them.

*This blog post was originally published at Movin' Meat*

Work Hour Restrictions Protect Patients From Sleepy Surgeons

Surgery Residency, Massachusetts General Hospital and Work Limits – Health Blog – WSJ

It’s not surprising that newly minted doctors at one of the most prestigious hospitals in the country, and in a specialty with a particularly demanding residency, have been violating national limits on work hours.

But the Boston Globe’s report that Massachusetts General Hospital must rein in surgical residents’ hours is a reminder that the work limits put in place several years ago remain unpopular with many residents and senior doctors.

Not surprising in the least.  I’m actually astonished that there’s anybody with the chutzpah to defend extended work hours for residents.   I did my residency largely in the pre-hour-restriction era — there were hour restrictions on months in the ER, but effectively none for the off-service rotations — and it was a terrible way to deliver care.  I did my time of q3 call in the units and q2 call on surgical services.  This includes a memorable time when I was the sole intern on the pediatric surgical service and was on duty for ten days straight without leaving the hospital.  That gives a new meaning to being a “resident physician!”  (Actually, that’s the original meaning, if you must get picky about it.)

The care provided was just scary.  I prided myself on being a machine and able to get through 36 hours of uninterrupted work without cracking; I used to run marathons and endurance was my forte.  And I did get through it better than most.  But after 24 hours with no down time (and there was never meaningful down time), you get stupid, and you make mistakes.  I remember once, in the medical ICU I was surprised in morning rounds to find that one of my patients had had a swann-ganz catheter placed overnight.  Caught flat-footed by this in front of the attending, I asked the nurse who had put in a swann without telling me, only to be informed that I had done the procedure! Apparently I was too sleep-addled to recall that I had done it!  Fortunately, I had apparently done it right, because a swann involves threading a catheter through the heart into the pulmonary vessels and can be Very Bad [tm] if you screw it up.   But I apparently did it by reflex without actually achieving a state of full wakefulness.  This sort of thing was fairly routine, and I also remember well the overnight residents being excoriated in morning rounds for the errors and misjudgments they had made overnight.  Great training, but not so great for the patients who were the victims of the mistakes.

It seems to me that the defenders of the status quo have donned their rose-colored glasses.  They fondly remember the camaraderie and the pride in accomplishment that their residencies evoked, while conveniently forgetting the mistakes and omissions, while neglecting the depression and divorces and other personal costs of such an abusive training environment.  And there’s the faux toughness: “I got through it, they can, too if they’re not too weak.”  And the old guard romanticize the qualities of the “true physician” in their dedication to their patients above all else: “These younger doctors just don’t care enough.”

What a load of crap.

Look, it’s with damn good cause that other professions in which errors can hurt people have work time restrictions (truck drivers, airline pilots, etc), and it’s stupid and arrogant to think that we physicians are so awesome that we are immune to the human factors of fatigue and circadian rhythms that contribute to errors.  When it’s inexperienced trainees working the ridiculous hours with minimal supervision (in many cases), the potential for fatigue-related errors is compounded.

I also question the motivations of some of those who defend the status quo.  It seems strangely self-serving that residency directors who would otherwise have to find attending physicians or PAs to perform the work that residents do on the government’s dime are the ones to insist that the situation is just fine, or that “the evidence of benefit is lacking.”  How cool is it that they can ignore reams of research on human factors, take the a priori position that the system is fine as it is, and demand formal evidence on “efficacy, safety and cost” before making any changes?  That’s balls!  It’s also fairly blatant obstructionism and should not be given any credence.

Dr Bob of Medrants has some thoughtful comments on the matter, mostly pleading for flexibility in the new rules. I would mostly agree, excepting that flexibility is best given to those who have proven themselves trustworthy, and residency directors (especially but not exclusively of surgical training programs) have repeatedly and flagrantly flouted the rules thus far imposed.   Flexibility is fine, but accountability should also be demanded.

I would also take issue with Dr Bob’s comment that this “training system that has served our profession well for many years.”  I look at the statistics on physician burnout, substance abuse, divorce, depression and suicide.  They are terribly concerning.  I would not lay all of this at the feet of residency, but I would say that the abusive (I’m sorry, “rigorous”) environment of residency training sets the tone for the culture of machismo that harms physicians as much as it harms patients.  Nobody is well-served by the current system.

It is true that change might be painful.  Reducing hours might mean reducing patient contacts and reducing the training opportunities for physicians.  This might require academic centers to revalue the time of physicians in training, by which I mean that residents might no longer be used as free menial laborers.  Maybe it doesn’t make sense to have a surgical resident “running the book” — many surgical residents never see the inside of the OR till their second and third years.  The universities might have to hire PAs or NPs for the “scut work” instead of using MDs in training as glorified secretaries (what a waste of time and money).

I’m glad the Institue of Medicine and the ACGME seem to be on the right path with the recommendations.  The reactionary response from the change-resistant academic centers will take some time and political will to overcome. I remember when they first imposed the rules, they followed it up by decertifying the Internal Medicine program at Hopkins for violating the rules.  That effected the desired change, I can tell you!   Hopefully, as the restrictions evolve, there will be accountability and enforcement until the culture starts to shift.

*This blog post was originally published at Movin' Meat*

Happy Talk On Medical Malpractice Reform

What a welcome headline to see in the New York Times:

Obama Open to Reining in Medical Suits

In closed-door talks, Mr. Obama has been making the case that reducing malpractice lawsuits — a goal of many doctors and Republicans — can help drive down health care costs, and should be considered as part of any health care overhaul, according to lawmakers of both parties, as well as A.M.A. officials.

Wow. Yay. Crisis over, let’s move on to something else now.

Or maybe not.

Senator Max Baucus of Montana, the chairman of the Senate Finance Committee, is expected to outline his proposal for a health care overhaul this week, and aides said liability protection for doctors is not part of the plan.

So, I’m guessing that Obama’s talk about supporting med mal reform runs about as deep as his comitment to gay rights. Which is to say that he’ll put out some happy talk about it to appease a necessary constituency but won’t twist any arms or spend any capital in Congress to actually make it happen.

Worse, the semi-concrete proposals I have seen don’t look like they’ll offer much protection. Jon Cohn at TNR links to a summary of a few options:

Win-Win-Win on Malpractice Reform? – The Treatment

Disclosure-and-offer programs, in which health care providers disclose unanticipated outcomes of care to patients and make prompt offers of compensation. Patients do not waive their right to sue by accepting the offer, but reportedly, few go on to file lawsuits.

It’s hard to see this as reform at all. Disclosures are nothing new any more, and it’s always been good tactics to make an offer of compensation if there actually was substandard care. I doubt this will be embraced by the medical community, since when you do a disclosure you’re basically giving a potential plaintiff a roadmap for their future lawsuit. You’re basically relying on their sense of decency to avert a suit, and how that fact can be altered I cannot imagine. Another commonly cited option would be to:

create a federal “safe harbor,” retaining the current process of adjudication but insulating physicians from liability if they adhered to evidence-based medical practices. For example, legislation introduced by Senator Ron Wyden (D-OR) in February would create a rebuttable presumption that care was not negligent if the physician followed accepted clinical practice guidelines.

Sound great, but good luck applying that standard. Consider Whitecoat’s trial, in which the case seems to be hinging on the fact that the got the right diagnosis and performed the right treatment, but he may or may not have done so in a timely fashion. Presuming there even exist “guidelines” for a particular condition or presentation, there are so many technical variables in the execution of the care under these guidelines that I don’t see how juries could be expected to put this into practice.

Consider a child with meningococcemia. It’s a no-brainer that a child with this deadly infection needs to be given antibiotics as soon as possible to have a chance to survive, and there’s probably a guideline out there that makes reference to “urgent” or “timely” administration of antibiotics. So, if a kid comes into my ER with a fever and petechiae and I don’t get the Rocephin in for, say ninety minutes, was that timely enough? Or maybe the kid didn’t have the rash on presentation, but at hour three of an extended ER work-up the rash is noted and then antibiotics are given? Or maybe I was too rushed, stupid or negligent to notice the rash and didn’t give antibiotics till hour three. My point is that it’s meaningless to say that “guidelines were followed” when it’s impossible to write guidelines that cover every clinical circumstance. Worse, if implemented narrowly, the “safe harbor” would offer very very little protection, and if construed broadly, it would make it very difficult to actually distinguish negligent care from good care.

The reason I’m spending so much time on this point is that this proposal has had explicit endorsement from Obama himself, his Chief of Staff Rahm Emanuel and his physician brother, Ezekiel Emanuel, and key legislators like Senator Ron Wyden. It sounds great, but it too is just “Happy Talk.”

The last option cited is the classic option of moving med mal cases to specialized health care courts of some variety. I’ve always thought this had great potential, but there doesn’t seem to be any political support for it and it would certainly be fought tooth and nail by the trial lawyer’s association.

So it’s looking more and more like health care reform, if enacted at all, will probably not include any meaningful or effective national solution to the ongoing malpractice crisis. Plenty of “Happy Talk,” but no action and no solutions. Not that I really expected any, coming from a Democratic President and a Democratic Congress, but hope does spring eternal.

*This blog post was originally published at Movin' Meat*

Ezra Klein: Missing The Point

Ezra opines a bit on the role of doctors in health care with the strangely misleading headline: Listen to Atul Gawande: Insurers Aren’t the Problem in Health Care

This wasn’t Gawande’s point at all, and is something quite tangential to Klein’s point:

The reason most Americans hate insurers is because they say “no” to things. “No” to insurance coverage, “no” to a test, “no” to a treatment.   But whatever the problems with saying “no,” what makes our health-care system costly is all the times when we say “yes.” And insurers are virtually never the ones behind a “yes.” They don’t prescribe you treatments. They don’t push you towards MRIs or angioplasties. Doctors are behind those questions, and if you want a cheaper health-care system, you’re going to have to focus on their behavior.

Yes, doctors are a driver — one of many — in the exponentially increasing cost of health care.  Utilization is uneven, not linked to quality or outcomes in many cases, and may often be driven by physicians’ personal economic interests.  All of this is not news, though certainly Atul Gawande wove it together masterfully in his recent New Yorker article.  (I’m assuming you’ve all read it — If not, then stop reading this drivel and go read it immediately.) Nobody disputes that doctors’ behavior (and ideally their reimbursement formula) need to change if effective cost control will be brought to bear on the system.

But it’s completely off-base to claim that insurers aren’t one of the problems in the current system.  There are two crises unfolding in American health care — a fiscal crisis and an access crisis.  I would argue that insurers are less significant as a driver of cost than they are as a barrier to access.  Overall, insurers have, I think, only a marginal effect on cost growth, largely due to the friction they introduce to the system — paperwork, hassles & redundancy and internal costs such as executive compensation, advertising and profits.  It would be great if this could be reduced, but it wouldn’t fix the escalation in costs, only defer the crisis for a few years until cost growth caught up to today’s level.  In the wonk parlance, it wouldn’t “bend the cost curve,” just step it down a bit.

But as for access to care, insurers are the biggest problem.  It’s not their “fault” per se in that they are simply rational actors in the system as it’s currently designed.  Denying care, rescinding policies, aggressive underwriting and cost-shifting are the logical responses of profit-making organizations to the market and its regulatory structure. Fixing this broken insurance system will not contain costs, but it will begin to address the human cost of the 47 million people whose only access to health care is to come to see me in the ER.

*This blog post was originally published at Movin' Meat*

The Real Reason Morally Unfit Doctors Are Not Reported

Bob Wachter, who I generally like and admire, takes on the topic of hospital peer review, stimulated by a report issued by Public Citizen’s Health, that hospitals rarely report physicians to the National Practitioner Data Bank:

Wachter’s World : Is Hospital Peer Review a Sham? Well, Mostly Yes

Although the public cannot access NPDB reports on individual physicians, healthcare organizations (mostly hospitals) ping the database about 4 million times per year. When it was inaugurated, the best estimates (including those of the AMA) were that the NPDB would receive 5,000-10,000 physician reports each year.

Not so much. Since its launch two decades ago, NPDB reports have averaged 650/year, and nearly half of US hospitals (2845 of 5823) have never reported a single physician! The most extreme case is that of South Dakota, where three-quarters of the hospitals have never reported a single case to the NPDB. I’m sure South Dakota has some wonderful doctors, but the idea that the state’s 56 hospitals have not had a single physician who needed to be suspended for incompetence, substance abuse, sexual harassment, or disruptive behavior since the Reagan presidency is a bit of a stretch, don’t you think?

And on the merits of the matter, it’s hard to dispute that the NPDB has been an abject failure as far as its original goal went: it is not an effective data bank collecting data on suspect and problematic physicians. I think that Public Citizen and Dr Wachter transpose cause and effect, though, when they attribute the blame to the peer review process. The fault, I think lies in the NPBD itself.

The goal may have been laudable and simple — get in trouble, get a file, and keep bad doctors from hurting patients. Wow. Who could oppose something like that? But that’s not how it worked out in the real world. Perhaps it’s a consequence of the fact that it is so infrequently used, but the reality is that being in the NPDB is incredibly stigmatizing, which is not a matter limited to the ego of the reported physician, but also is an essential death sentence to his or her career. This is not a “Oh dear, now I’ll never be Chief of Staff,” sort of career disruption — being in the data bank makes a physician essentially unemployable.

And that’s why it’s shunned: it often seems unjust. There’s no proportionality, no way to indicate the gravity of the transgression, because the full details behind a report are screened from view. Molesting a patient and telling dirty jokes in the OR both show up as “sexual impropriety.” An isolated mistake or an episode of poor judgment is impossible to distinguish from incompetence, as both are filed as “quality of care deficiencies.” When the only punishment is the ultimate one, it’s no suprise that medical staffs are loathe to invoke it.

And it’s expensive. Since a physician at risk of a medical staff action usually knows how high the stakes are, they will commonly lawyer up and fight tooth and nail to prevent any blot on their record. The legal bills for these cases can run into the hundreds of thousands of dollars, and even if the hospital “wins,” all they’ve done is spend a ton of money to get rid of a problem. If they can get rid of him or her for free with a negotiated sham resolution, why would they go through all the expense to persecute the poor bastard as well?

Much of the same can be said for the state licensing boards, to which medical staff committees are also responsible for reporting of suspensions and revocations of privileges.

So, I think it should be noted that this is not a simple “docs are too softhearted to police themselves” issue. It’s that the legal and regulatory tools we have been given are too blunt and indiscriminate for those of us wielding them to feel that they are useful and fair in the vast majority of cases.

Because the true case of the dangerous/incompetent/morally unfit physician is relatively uncommon. Dr Wachter falls right into the false “Good doc/bad doc” dichotomy and buys into the assumption that there is a large cohort of “Bad Doctors” out there that we need to drum out of the profession. There are some, I am sure, but I’ve rarely seen one at our hospitals, and they’re actually quite easy to deal with when you come across them. It’s the gray cases, which comprise the majority of the head-scratchers that we have to deal with in the hospital. It’s the surgeon whose patients love him but just seem to have a lot of complications. It’s the doc who manages to pick a fight with every other member of the medical staff but never quite crosses any bright lines. It’s the creepy male doc who makes all the nurses uncomfortable but never really touches where he shouldn’t. The “incompetent” doc who you wouldn’t let care for your family member but seems to muddle by just well enough to keep from killing anyone.

You all know the one I’m talking about, right? But it can be tough to identify an incompetent doc. I’ve never yet met one whose ID badge or diploma listed them as “incompetent.” In many cases, there’s a legitimate defense to the care provided, even if it’s a weak defense. In many cases an error or errors may have been genuine and severe, but not characteristic of the doc’s general level of quality. The cut and dried “you suck” level of incompetence is rare and far overshadowed by the many cases of borderline physician skills.

The “Bad Doc” approach to this matter also makes the error of assuming that a problem doc is irredeemable and must be expelled from the order. I’ve seen docs who rose and fell and rose again over the long arcs of a career. Some of them needed to go through a formal, sanctioned process involving chemical dependency treatment, most often. Others, however, simply needed attention and managerial support: focused redirection, re-education, sensitivity training or the like, and with appropriate supervision they are able to continue practice. Reporting them to the NPDB is not a solution, at least not a defensible one in the “typical” borderline case. Sometimes you can counsel them or devise a practice plan that works to keep patients safe and the hospital harmonious. But the adversarial relationship makes this hard enough, and the need to carefully work around this death threat of the NPDB is a burden and an impediment to working collaboratively with the “challenged” physicians.

None of this is intended to be a defense for the truly impaired, incompetent, or sociopathic docs out there, or the medical staffs who have enabled them. I’m sure that the problem exists to some degree. But the idea that the NPDB is a valuable or even a positive tool in the vast majority of cases is itself laughable. It was a great idea but as implemented it has been an abject failure. The high-handed folks over at Public Citizen will never admit to it, will never modify it in ways that might make it more functional. They will, rather, rail against the scofflaw docs and hospitals who do not deign to use this blunt and ineffective instrument which has been thrust upon us. And we, working away on Medical Exec and Credentials Committees will be left with ad hoc and jury-rigged approaches to the borderline physicians who represent the more common and more challenging dilemmas in the industry.

*This blog post was originally published at Movin' Meat*

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