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How Doctors Could Rescue Health Care

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Ed Kashi/VII
A nurse consulting a doctor via Mr. Rounder the Robot, Hackensack University Medical Center, Hackensack, New Jersey, 2005

1.

The US is facing a major crisis in the cost of health care. Corrected for inflation, health expenditures in the public sector are nearly doubling each decade, and those in the private sector are increasing even more rapidly. According to virtually all economists, this financial burden, which is now consuming about 17 percent of our entire economic output (far more than in any other country), cannot be sustained much longer. The federal share, including payments for Medicare and Medicaid, was 23 percent of the national budget in 2009 and is a prime cause of the deficit.1

There is no current prospect of raising taxes. If the federal long-term debt is to be reduced, government health expenditures on Medicare and Medicaid must be controlled. However, there is no agreement in Washington on how that can or should be done. Both parties claim to have the answer but, as I will make clear, no initiatives proposed by either party have much chance of significantly slowing the rise in federal health costs without reducing access to needed services. Major reform will be required, but that is not even under consideration. In any case, health legislation is currently stalled by a bitter political deadlock. No initiatives to improve health care will come out of Congress until after the 2012 elections and, unless the results are unexpectedly decisive, probably not even then. Still, as I will explain here, there is a chance that new developments in the way physicians are organizing themselves to deliver care might improve the currently dismal prospects for action on major reform and cost control.

2.

In his September 8 address to Congress, the President spoke of the urgent need to control the costs of Medicare. To do this he is relying principally on the Affordable Care Act, passed by Democrats in March 2010. The Act expands insurance coverage but, as already explained in these pages,2 it is not likely to slow the rise of costs significantly. Republicans in Congress are seeking to stop it from being implemented and their potential candidates for president are demanding its repeal, while state governments that are controlled by Republicans are challenging its constitutionality in federal courts. They question the Act’s mandate that all citizens not covered by public or private insurance plans be required to purchase private insurance or incur a tax penalty. The Republican legal challenge has so far received a divided reception in lower courts and will probably reach the Supreme Court next year. The mandate is a critical part of the Act because private insurers will not offer coverage at affordable prices to all applicants, as the Act assumes, unless everyone—young and healthy included—is required to be insured. Whatever the Court’s decision, it will not have much effect on health costs because the law does very little or nothing to address some of the most important causes of the high cost of care and its rapid inflation.3

First, the Act does not replace—but expands—the investor-owned private health insurance industry. According to the actuary for the government’s Center for Medicare and Medicaid Services (CMS), this industry’s overhead and profits currently add over $152 billion to the cost of care.4

Second, the Act does not change the method of payment for most medical care, which is based on fees for each procedure and therefore encourages specialists to use expensive procedures excessively, while giving all physicians strong financial incentives to provide more services than needed.

Third, it does nothing to change the current fragmentation of medical care. This allows specialists to practice in isolation without restraints on cost, causes duplication and disorganization of services, and discourages the use of primary care physicians. The latter are essential to cost-effective care because they help patients avoid unnecessary, expensive procedures. But with specialists earning much higher incomes per unit of working time, primary care doctors are disappearing. The Act addresses this problem, but only by providing minimal financial incentives to primary care doctors; they are unlikely to make much difference.

In the absence of effective general solutions for these causes of rising costs, there is little chance that the Act will “bend the curve” of medical inflation as Democrats hope. The law does, however, propose to cover the cost of adding millions of beneficiaries to Medicaid and to private plans over ten years. It does this by cutting payments to the private “Medicare Advantage” plans now chosen by some 12 million Medicare beneficiaries, and by eliminating tax exemptions for expensive insurance coverage offered by employers to favored employees. Apart from two ill-conceived and probably unworkable exceptions, the Act offers no other broad initiatives directly aimed at reducing costs.

The first exception, in Section 3022 of the Act, proposes to share any Medicare savings with so-called accountable care organizations (ACOs). ACOs are defined as federally certified multispecialty groups of physicians that collaborate with one or more hospitals and contract with Medicare to provide comprehensive care to a designated group of patients on a fee-for-service basis. ACOs would in principle have incentives to control costs because the government would give them a share of any savings they produced by using fewer resources in delivering good care. But the 126 pages of regulations proposed to govern this program, published by the Department of Health and Human Services on April 7, 2011,5 threaten to undermine it. The regulations were considered so onerous and impractical, and the benefits to participating ACOs so dubious, that almost all multispecialty medical groups have indicated they would not participate.6

Even if the regulations are substantially modified before they are fully adopted, the CMS, which would administer the program, probably could not handle the extra work required to manage more than a relatively small number of participating ACOs. This program is therefore not likely to have much effect on health care costs.

Section 3403 of the Act is often cited as a powerful tool for controlling costs, but there is much reason to be skeptical. It establishes an Independent Payment Advisory Board (IPAB), a presidentially appointed independent committee of fifteen full-time members. If government spending rises too rapidly, the IPAB must offer proposals for cost control, and Congress must act on them or enact its own measures for equivalent savings. However, the law stipulates that the IPAB cannot reduce Medicare benefits or increase Medicare premiums, and it defers any proposed reductions in payments to hospitals for a few years. The IPAB would thus be limited to suggesting cuts in payments to physicians, payments for some ambulatory services such as emergency room visits, and payments for Medicare Advantage plans and Medicare Part D prescription drugs.

Unless the IPAB were to recommend some limitation to their total income, physicians could easily respond to reduced fee schedules by providing more services, such as performing more diagnostic tests. Physicians’ average incomes have not kept pace with the rising costs of managing an office, and there is widespread unhappiness among the profession over the threat of cuts in payment that have been mandated by past legislation. Some physicians are now refusing to see new Medicare patients for this reason, so I doubt there would be support in Congress for much further reduction in fee schedules.

Moreover, payments to physicians account for only about a fifth of total health expenditures. The other four fifths consist largely of costs of hospital and nursing home care as well as payments for drugs and other medical products, and the overhead costs of private insurers. A realistic reduction of payments to doctors could at most save one or two percent of total costs, and wouldn’t necessarily slow inflation. The other cost-saving options left open to the IPAB are also limited in scope and would have relatively little effect on “bending the curve.” Furthermore, and most importantly, there will probably be fierce Republican opposition in Congress to IPAB appointments and funding, which will hamstring its function. The IPAB’s prospects for success are therefore dim.

3.

Republicans in Congress have pretty much limited their health policy to an unyielding opposition to “Obamacare,” to calls for reform of malpractice litigation, and to their traditional reliance on “market forces.” Their latest initiative is the proposal by Representative Paul Ryan of Wisconsin to privatize Medicare and change federal support of Medicaid by substituting fixed grants for its current open-ended commitment to paying a large share of costs to the states. Under his proposal the Medicare system covering most of the medical costs of elderly citizens would be gradually replaced by a federal voucher system. Starting in 2022 each new Medicare beneficiary would choose a private insurance plan and the government would give participants in the plan a voucher to help pay for coverage. The voucher would start at $8,000, which would grow only according to the Consumer Price Index, but with some undefined adjustment for people who are older and sicker.

However, actuarial experts predict a near doubling of total Medicare costs within a decade; so Ryan’s proposed vouchers would fall far behind actual costs, and beneficiaries would have an increasing financial burden. The Ryan plan reduces federal outlays for Medicare by shifting costs to patients. It has been passed by the Republican majority in the House, but not by the Senate, and the President strongly opposes it.

Defending Ryan’s plan, Republicans say that under current policies Medicare will soon be bankrupt. They are correct that rising Medicare costs are unsustainable, but the fact remains that the Ryan voucher plan puts an intolerable burden on the elderly and would undoubtedly reduce their access to needed care. We can predict, for example, that patients would make fewer visits to physicians for checkups and reduce their compliance with expensive drug regimens.

As for Ryan’s proposal to reduce Medicaid outlays by making fixed grants to states, the states would have considerable discretion in spending these grants, and their deficits would almost certainly force them to curtail Medicaid services in order to meet other budgetary needs. The grant idea, although favored by some state governors, has provoked wide opposition because it threatens the medical services needed by low-income citizens, and because Medicaid money now also supports nursing home care for the elderly.

4.

If neither party is proposing effective solutions to the cost crisis, and political deadlock in Washington is preventing the consideration of new ideas, are we doomed to witness a slowly collapsing health care system that eventually will provide adequate care only to those who can afford to pay? In his latest book on health care,7 the Princeton sociologist Paul Starr, who worked on the ill-fated Clinton Health Security Plan, despairs of any political action that could bring about major reform. However, a new movement in the medical profession might help to start such reform by reconfiguring the way medicine will be practiced.

Traditionally, physicians have practiced either alone or in small partnerships with a single specialty, such as cardiology. Now a big shift to large groups containing many specialties is taking place. These multispecialty practices vary in size, but include physicians in almost all fields. Primary care physicians usually make up almost half the medical staff. They counsel patients and coordinate care by the specialists. Groups usually share common facilities, medical records, scheduling, and billing, and their physicians cooperate in the care of patients.

Many multispecialty groups pay doctors at least in part with base salaries, with the rest of their compensation derived from each physician’s collected fees. Only a few pay entirely by salary, but that may change. Most groups are owned by physicians, but many are now being organized and managed by hospitals. Well-established large groups owned by physicians include the Mayo Clinic, Cleveland Clinic, Permanente Medical Group, Intermountain Healthcare, Scott & White, Marshfield Clinic, Geisinger Health System, Lahey Clinic, and Harvard Vanguard. Many smaller physician-owned groups now exist throughout the country (though there are only a few in the Southeast), and their number is growing rapidly. So are groups owned by hospitals, including academic medical centers as well as large community hospitals. An unknown, but probably substantial, proportion of these groups are not for profit; i.e., they have no investors and use any net income to maintain and improve facilities and services.

The American Medical Group Association (AMGA) is the trade organization that represents most multispecialty physician-owned groups. The American Hospital Association (AHA) is the trade organization for almost all general hospitals. In recent communications with senior officials at the AMGA and the AHA, I learned that membership in the AMGA now stands at about four hundred groups, the highest ever, and is increasing at an unprecedented rate of about 10 percent annually. These four hundred multispecialty groups employ about 117,000 full-time medical doctors, but since many of their physicians work less than full-time, the total number of doctors now employed by such groups is probably close to 140,000, not counting the unknown number in physician-owned groups that are not members of the AMGA.

The AHA says that a 2010 survey of its member hospitals reveals that they employed roughly 120,000 practicing physicians, but the survey did not disclose how many were in multispecialty group practices. Allowing for this incomplete reporting, the total number of physicians now practicing in multispecialty groups could be close to 200,000, or about a quarter of all practicing physicians, and this number is increasing rapidly.

  1. 1

    Lisa Potetz and Juliette Cubanski, A Primer on Medicare Financing, Henry Kaiser Family Foundation, July 2009, Exhibit 2. 

  2. 2

    Jonathan Oberlander and Theodore R. Marmor, ” The Health Bill Explained at Last,” The New York Review, August 19, 2010. 

  3. 3

    Arnold Relman, ” Health Care: The Disquieting Truth,” The New York Review, September 30, 2010. 

  4. 4

    Sean P. Keehan et al., “National Health Spending Projections Through 2020: Economic Recovery and Reform Drive Faster Spending Growth,” HealthAffairs, Vol. 30, No. 8 (August 2011). 

  5. 5

    Department of Health and Human Services, Federal Register, Part II, Vol. 76, No. 67 (April 7, 2011). 

  6. 6

    Ricardo Alonso-Zaldivar, “Medical Group Pans Key Element of Obama Health Plan,” The Boston Globe, May 12, 2011. 

  7. 7

    Remedy and Reaction: The Peculiar American Struggle Over Health Care Reform (Yale University Press, 2011.) 

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