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Trial Lawyers Fight For Status Quo In Healthcare

In a surprise, President Obama has signaled a willingness to discuss medical liability as part of the health reform process.

Good for him for standing up to the trial lawyers, a core constituency of the left.

That’s a good sign, as the costs of defensive medicine brought on by the broken malpractice system, should be addressed if there is any hope of reducing health care spending.

Trial lawyers like to say that medical malpractice represents “less than one percent of the cost of health care,” but that fails to account for the substantial sum attributed to defensive medicine doctors practice to avoid the threat of malpractice, estimated to be $210 billion annually.

Furthermore, the argument that malpractice reform will harm patients “by limiting their ability to seek compensation through the courts” doesn’t hold water either.

That’s because the current system does a miserable job of compensating patients for medical errors, where more than 50 cents on every compensated dollar goes to pay lawyers and the courts. Not to mention that a typical malpractice trial may last years before an injured patient receives a single penny.

So, don’t believe the arguments of the trial lawyers, who prefer the financial security of the status quo.

Any alternative system, such as no-fault malpractice, mediation, or health courts, will go a long way both to reduce the cost of medical care, and fairly compensate more patients for medical errors at a significantly more expedient rate.

Lawyers are aware of these facts, and to their credit, are going on a preemptive offensive to head off tort reform. If I were the AMA, I would start pro-actively circulating some of the above talking points, rather than reacting to the trial lawyers.

**This post was originally published at KevinMD**

What If Other Parts Of Life Were Like Healthcare?

robert-lambertsHealthcare is bizarre.  Anyone who spends significant time in its ranks will attest to the many quirky and downright ludicrous things that go on all the time.  But I am not sure people realize just how strange our system is.  Perhaps it would be interesting to see what it would be like if other parts of our lives were like healthcare.

1.  Get up in the Morning

The first thing that happens in your day is that your alarm fails to go off.  Although you have major things happening, nobody ever has explained to you exactly what you are supposed to do and when.  You watch the morning TV show and it seems that some experts say you should go to school while others say you should avoid school at all cost.  You call a friend who says that she knows someone who went to school and it destroyed their liver.  Another friend goes to school every day and is just fine.

Confused, you turn to the Internet and go to a website that explains that you should base your schedule on the pattern of tea leaves in a cup.  This site claims that your normal schedule is actually fraught with secret appointments that will, unbeknown to you, make you have cancer.  It states that those people in power are making you go through this dangerous schedule so they can make money off of you.  They don’t care for you like the people who made this webpage (and for $400 you can have 6-months of magic tea leaves).

Finally, you decide that you are going to go with the majority opinion and go to school.

2.  School

You go to your bus stop and wait.  You keep waiting.  You know that the bus was supposed to come at 8 AM, but after an hour you begin to wonder if you missed it.  Calling the bus service, you find out that the bus got caught up doing some extra routes.  There is a shortage of buses, and so the ones that remain have to do twice as many routes as is feasible.  After a two hour wait, the bus finally arrives to take you to school.

The first teacher comes into the classroom and looks very distracted.  She teaches general studies and is staring at a curriculum that contains a huge amount of subjects.  As she is doing her lessons, she furiously takes notes on her own teaching so that she can submit documentation to the school board and prove that she taught you.  This is the only way she gets paid.

In total, she teaches for about 15 minutes and documents her teaching for 45 minutes.  You want to ask questions, but the bell rings and you have to move on to your next class before any can be answered.

The next teacher only teaches a small specialized subject.  This teacher is paid four times more than the first teacher.  Instead of teaching and answering questions, however, he is constantly making you take tests.  Apparently, the school system pays a huge amount for making you take tests, but very little for teaching lessons that would make you do well on those tests in the first place.

School is finally over, but you don’t feel like you got much out of it (except for taking a lot of tests and getting more confused).  You decide that a trip to the store would perhaps make you feel better.

3.  The Grocery Store

Upon entering the grocery store, you notice something odd.  There are very few different brands of items stocked on the shelves.  Your choice is limited to only the brands that have struck the best deal with the grocery chain.  These brands have to send the grocery store a large “rebate” check because they are carried exclusively in this store.

When you go to the meat counter and ask for some steak, the butcher asks you if you have first tried the ground beef.  You may not purchase steak unless you have first tried and disliked the ground beef.  The ground beef, of course, is actually ground turkey, but the butcher says that these two are basically interchangeable and so the substitution is permitted.

The grocer can’t post prices because all customers have different negotiated prices.  Posting prices, in fact, would be considered collusion since other grocers could find out exactly what this grocer is charging.  Some congressman in California decided that grocers are all crooks and should not be allowed to share what they charge for things.

You go to the cash register to pay.  The total is $380, but the cashier informs you that your negotiated price is only $150.  A poor person behind you has not had the chance to negotiate a price and so must pay full price for everything.

There are a few people in the store who don’t have to pay anything.  They have had the price negotiated for them by the government, and so will come to the store very often.  They sometimes come for real food, but are often coming for candy and cigarettes – all paid for by the government.

This experience leaves you more tired and confused, and so you decide to go home.

4.  Home

Coming home, you notice that your house is under construction.  There is a new wing being built that contains all sorts of the newest and fanciest gadgets, such as flat-screen TV’s, the fastest computers, and wonderful new kitchen appliances.  Going into the house, you notice that there is no running water or heat.  Apparently, there are all sorts of grants and low-interest loans to pay for the fancy gadgets, and so contractors find it much more profitable to do that instead of fixing water or heating.

Your mother is in the kitchen trying to make dinner, but instead of cooking she is staring into a cookbook and at the ingredients you brought from the grocery store.  You assume she can make due with what you brought, but she just sighs helplessly.  Despite the fact that your mother is incredible at improvising meals, she is required to follow a cookbook that doesn’t fit the ingredients that are available.  This makes dinner taste pretty bad.  Your mother, obviously angry about this, gives you a weak smile and tells you to finish what is on your plate.

After dinner, you settle down to watch some television.  As you are finally starting to relax, a knock on the front door breaks your peace.  At the front door stands a police officer.  ”You are only authorized to be in the house for two hours today, so I am going to have to ask you to leave.”

You try to explain that two hours is not enough to get the rest you need, but the officer threatens a stiff fine and forces you to leave.  Before you can get your necessary things, you are forced to leave – without an explanation of how you are supposed to survive on the streets.

(to be continued)

**This blog post originally appeared at Dr. Rob Lamberts’ blog, Musings of a Distractible Mind.**

The Friday Funny: Social Media In The OR

liveblog

Sneaky Things That Doctors Do To Survive Financially, Part 2

Dr. Val’s note: this post is Dr. Dappen’s continuation of “Sneaky Things That Doctors Do To Survive Financially.”

***

The Funnel

By Alan Dappen, M.D.

Back to the gridiron we go. Two powerful teams square off. It’s Team Doctors vs Team Insurance. You, the patient, the object of our affection, have bought entry to this game through two payments. The first serves as your season ticket, and is the $800/month fee (coverage for a family of four) that goes to Team Insurance. You gain admittance to today’s game through your $20 dollar co-pay, which is collected by Team Doctor.

The $20 co-pay is really a ruse to distract attention away from Team Insurance and the plays the Doctors are about to pull. In reality, $20 co-pay doesn’t come close to covering the cost of an office visit (more about this on a future posting). Team Insurance is supposed to make up the difference of these costs for Team Doctors. To stay in the game, Team Doctors must hit Team Insurance just right to cough up enough money to cover their bills. On the other hand, Team Insurance hits back, denying and delaying payment of claims from Team Doctors, pocketing plenty of money to keep their fans (share holders) screaming “We’re Number One.”  The focus of this game is on money, with the patient distracted by the $20 co-pay, believing it is fair payment and the middle man (insurance) works in their best interest.

Now let’s look at “The Funnel,” the number one play Team Doctors use to recoup their money. Let’s say you have a typical medical problem and contact your primary care provider for help. You inadvertently have stepped into the playing arena. To get you the help you need, Team Doctors will run you through “The Funnel.”  This formation is the most effective play used to sustain doctors financially. Keeping The Funnel packed to the brim with patients is critical to the success of a medical office, with this success hinging on seeing at least 25 patients a day and keeping the simple problems coming back to ensure the cash follows.

Here’s how The Funnel works:

1.    Overloading: Also known as seeing patients for anything. Insurance companies will only pay primary care providers for a face-to-face visit, and not a phone call or email consultation. Ironically, 70% of typical day-to-day primary care problems can be solved by a phone or email conversation only.  Doctors need payment from insurance providers to stay in business so only conduct office visits, no matter what the problem.  Think back on some of your medical needs and how they were handled: Need a prescription refill? Need to ask a simple question? Need an antibiotic? Need to set-up or discuss a lab test? Need a follow up? Make an appointment to be seen.  Welcome to the funnel!

2.    Get the patient through as fast as possible: Keeping the flow rate constant through the funnel means limiting opportunities where patients can slow their transition through the neck of the funnel, possibly plugging it up, and thus slowing the doctors’ chance for cash.  Four major strategies keep the pay/time ratio flowing properly for Team Doctors:
a.    Ration the long visits, like a physical, by making patients wait 6-12 weeks to come in for them.
b.    Divide and conquer the 20 minute visit. Invite the patient to stick to one problem per visit and then invite her to return to the top of funnel on another day for any additional problems.
c.    Find ways to “increase value” of visits by requesting additional tests or services, like “How about we do an EKG?”
d.    Turfing the “complicated (time consuming)” issues to other practices. Ever been sent to a specialist that your doc couldn’t solve your problem 10 minutes? This is why.

3.    Get the patient to come back, as often as possible. Also know as a refilling The Funnel.  Continuous, fast-paced repeat business is the most important measure of a financially solvent office. Imagine this: Medical partners who get to know their patients and consequently care for their well-being create liabilities if that caring takes longer than 10 minutes on average per patient.

I invite readers to write in their examples of being part of the funnel. Did the funnel compromise your care or inconvenience you?  Why would the doctors run you through the funnel?

Lastly is the question: What can you do about The Funnel? Better understand the system, why the funnel exists and why it’s important that you, the patient, take control of not only your care, but how it’s paid.

Until next week, I remain yours in primary care,

Alan Dappen, M.D.

When Chemo Saves Your Life: An Interview With Billy Tauzin

Billy Tauzin has spent most of his life in politics. He has been a member of the House of Representatives as both a democrat and a republican, though his recent experience with a rare and usually terminal cancer (duodenal adenocarcinoma) radically changed his career path and trajectory. I caught up with Mr. Tauzin by phone at the America’s Agenda conference in Miami. You may listen to our podcast conversation or read my summary of our discussion below.

[Audio:http://blog.getbetterhealth.com/wp-content/uploads/2009/01/billy-tauzin.mp3]

Dr. Val: Tell me a little bit about your intestinal cancer and how that changed the course of your life.

Tauzin: I was in the process of finishing up a 25-year career in Congress when one night I had a sudden, massive bleed. I was taken to the hospital and was diagnosed with a rare cancer with a poor prognosis: duodenal adenocarcinoma. There was a hole in my intestine, right next to my pancreas.

I went to Johns Hopkins to have a Whipple procedure – and as you know a Whipple procedure is one of the most aggressive types of surgery anyone can endure. They kind of split you open like a fish, pull out your innards and restructure you. They had to remove part of my stomach, intestines, and pancreas, and then reconnected it with new ducts and channels. The Whipple was supposed to cure me, but unfortunately I found out (at a follow up visit at MD Anderson) that there was still cancer in my body.

The doctor told me very frankly that I was going to die.

Dr. Val: Tell me about the experimental drug that you were introduced to at that point.

Tauzin: My doctor reviewed my options with me: I could undergo another surgery, but that would probably kill me and would be unlikely to cure the cancer. They had no approved protocol for people in my position, but there was a drug (called Avastin) that had been successful in treating colon cancer – but was not yet approved for duodenal adenocarcinoma.  The drug works by cutting off the blood supply to tumors – which meant that the drug could either damage my healing process or kill the cancer. My wife and I decided to take the risk because we had very little to lose. It was really a choice between “going to die” (my current situation) and “might die” (Avastin could cure me).

It’s a good thing we tried Avastin because it worked like a miracle. By the end of my first round of chemotherapy, the radiologist couldn’t even find the tumor on my CT scans. It was gone. I completed several courses of chemo and radiation and I’ve been cancer-free for over 5 years now.

Dr. Val: Did this miraculous recovery influence your decision to become the CEO of Phrma?

Tauzin: After I recovered from cancer, I was fortunate to be offered many different job opportunities. However, my wife looked at me and said, “You know Billy, you really ought to go to work for the people who saved your life.” And I thought, “If there’s a meaning in why I’m alive today – then surely it must be to use my experience to help patients like me across the world.”

Dr. Val: So what are you hoping to achieve at the America’s Agenda conference in Miami?

Tauzin: This conference is unusual in that we’ve gathered together a group of very disparate voices from different perspectives – labor, business, health plans, trade associations, academic medicine, etc. hosted by Donna Shalala (former Secretary of HHS) at the University of Miami. We are trying to define our commonalities so we can influence health reform more effectively.

Washington is all about differences – it’s partisan, it’s mean, and I’ve been on both sides of the aisle. I can tell you that there are good people in both parties, but they’d never know it because they consider each other enemies. What we’re trying to say here is: patients don’t sign in as democrat or republican when they register at a hospital. They sign in as sick people. This is not a partisan issue. We have a sick care system that needs to be a health care system.

Dr. Val: What should the Obama administration choose as their top priorities for health reform?

Tauzin: First of all we need to recognize that we spend 75 cents of every dollar on the damage done by 5 chronic diseases (including diabetes, heart disease, mental health, cancer, and lung disease). We must focus our system on early detection and prevention of these diseases, so that we manage them well and avoid the costly toll they take when untreated. We’re destined to be a poorer, sicker society if we don’t get insurance coverage for every American. We need insurance to provide early detection, prevention, and good management of our chronic diseases. How we do that is debatable. But we need to get there.


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