Bacon's Rebellion

James A. Bacon


 
 

Try it, you'll like it.

Why Not the Best?

Lawmakers are ignoring the accelerating health care crisis. With a little imagination, Virginians could create the premier, market-

driven health care system in the world.


 

When I turned 50 not long ago, I checked into Henrico Doctors Hospital for a colonscopy – a “Katie Couric test”, as I call it, after the NBC news celebrity who broadcasted images of her innards on national television – to make sure there was nothing ugly lurking in my digestive tract. It was a quick outpatient procedure. I stayed about three hours in the hospital. My nurse couldn’t have spent more than an hour with me, and my physician no more than half that length, although it’s hard to be sure given the fact that I spent most of my time in a sedated, amnesiac fog.

 

Soon afterwards, I received a bill in the mail. I had no complaint with the $20 co-pay to my doctor, and I can’t quibble with the $220 that my insurance company, Anthem Blue Cross Blue Shield, reimbursed him for his services. (Hospital charges were extra.) Two hundred and forty dollars seemed reasonable for the doctor’s and nurse’s time. But my jaw dropped when I saw the physician practice’s “write off” to Anthem: $424.50.

 

Now, if Anthem's bean counters can use their heft in the marketplace to negotiate a 64 percent discount from my doctor, more power to them. But there’s a dark underside to this practice. Let’s say you’re unemployed or work for a small company, and you don’t have medical insurance. Let’s say you do the Katie Couric thing. You wind up paying the full $665 -- three times what Anthem paid!

 

It’s a truism of the healthcare industry that private medical insurance is profitable for hospitals and doctors, compensating them for marginal or money-losing reimbursements for Medicare and Medicaid patients. It follows logically, then, that treating uninsured patients for triple the actual cost must be rapaciously, price-gougingly profitable – unless the patients don’t pay, which many of them never do.

 

The American health care system is seriously out of whack, and Virginia’s is no exception. An estimated one million Virginians lack health coverage of any kind, exposing them to devastating liabilities should they be forced to seek medical care. Meanwhile, the cost of insurance is no bargain for the rest of us. It’s increasing at double-digit rates again, a replay of the early-1990s. Small businesses, the economic engine of the Commonwealth, consistently rate the lack of affordable health insurance as one of their biggest worries.

 

In sum, health care poses one of the biggest social and economic crises facing Virginia. My big question: Where's our political and business leadership?

 

Sadly, the 2004 session of the General Assembly is shaping up as another budget bruiser -- this time over the issue of tax restructuring -- and all sides of the debate share a flawed premise. Lawmakers and pundits act as if the only choices facing Virginians were raising taxes and cutting services. Absolutely no one is discussing the possibility that restructuring some of the more dysfunctional sectors of our economy, such as education and health care, might stimulate innovation and productivity gains that would yield higher quality and lower costs.

 

Democrats are stuck in taxes-as-moral-necessity mode. Give Gov. Mark R. Warner credit for cutting spending through IT and business-process reforms, but his penchant for "restructuring" does not extend outside the government sphere. Furthermore, his comments about taxes emphasize “fairness” and “revenue adequacy,” which most observers see as euphemisms for finding new revenue sources, i.e. raising taxes.

 

Meanwhile, Republicans fall into one of two camps: the Chichester, eat-your-broccoli, raise-

taxes-to-invest-in-infrastructure faction, and the Howell raise-my-taxes-over-my-dead-body bloc.

 

Chichester hasn’t come right out and said he wants to raise taxes, but it's hard to read his  pronouncements any other way. Infrastructure, like education, is a laudable priority, but the Senate Finance Committee chairman has not made a case that the Commonwealth has exhausted all alternatives to tax hikes. The Wilder Commission last year identified $750 million a year in potential savings by applying business practices to state government, many of which the governor has put into place. What's the rush about raising taxes? Why can't we wait and see if the savings will materialized as advertised? Meanwhile, neither Chichester nor Warner have contested Howell’s contention that Virginia will generate buckets of new revenue when the economy cranks up again -- which it will do if we don’t tax it to death first.

 

The trouble with the just-say-no-to-taxes camp is its monomaniacal fixation on taxes. Small-

government conservatives act as if taxes are the only metric of public welfare. They justify low taxes on the grounds that they promote job and wealth creation, but they’ve never seen a spending increase they’ve ever liked – even if it could demonstrably raise incomes or improve living standards. Small government conservatives spend all their energy on blocking taxes and next to none exploring ways to harness market-driven strategies to solve the undeniable problems that the Warners and Chichesters are trying to address.

 

An opportunity exists to institute historic reform of Virginia’s healthcare sector to the immense benefit of all its citizens -- if only someone would grasp it. Reform would require both parties to step outside their comfort zone. Republicans would have to be willing to pony up an extra $250 million a year for Medicaid, a program they’ve never liked. And Democrats would have to trust, much against their inclinations, the marketplace to operate more efficiently than the Rube Goldberg contraption we now have in place.

 

Before I draw the outlines of achievable health care reform, we must detour briefly to summarize the forces driving inflation in the medical marketplace today. Inflationary forces are commonly blamed on the introduction of new technologies and pharmaceuticals into the medical marketplace. Yes, these innovations typically come with a high price tag. But I'm not persuaded that they're the root of the problem. While a new brain scanner might cost more than an old one, and a heart drug more than an old one, they save costs somewhere else in the health care system, typically by improving diagnoses, reducing the length of hospital stays or achieving superior medical outcomes. The accounting issues are so complex that it's difficult to say with any certainty what's happening.

 

Arrayed against the ambivalent benefit of new drugs and medical devices is an unalloyed positive: the potential of the information technology revolution to strip out billions of dollars in bureaucratic waste. At some point, when we reach the other end of the rainbow, every patient's files will reside in electronic format, eliminating the need to constantly re-enter data at the doctor's office, then at the hospital, and then for the insurance company. There will be fewer redundant tests, and clinical information will be more readily available to medical decision makers.

 

Even more momentous, the potential exists to mine massive patient-level databases to identify medical procedures that yield the best medical outcomes at the least cost. Information technology can drive the rapid dissemination of best practices. The health care industry has seen the lowest productivity gains of any economic sector, with the possible exception of K-12 schools and the U.S. Post Office. There is no reason health care shouldn’t see gains in productivity and quality comparable to those of the manufacturing sector.

 

The reason we don't see productivity gains is that there is nothing resembling a free market in health care today. Oh, it's "free" in the sense that not-for-profit and privately owned entities deliver most of the healthcare -- "free" in the same sense that the trucking and airline industries were free but heavily regulated in the 1970s. Trouble is, health care, like the 1970s-era trucking industry, is driven by perverse incentives that perpetuate unproductive behavior.

 

Although the federal Medicare and Medicaid programs deserve their share of the blame, our very own lawmakers in Richmond contribute immeasurably to the sorry state of affairs. Look at how we shoot ourselves in the foot:

 

Medicaid. The Commonwealth administers the Medicaid program for the medically indigent, primarily low-income families and the elderly, blind and disabled. Virginia has one of the most miserly Medicaid programs in the country. With 2.5 percent of the U.S. population, Virginia covers only 1.5 percent of the total Medicaid population. While the 50 states spend about 20 percent of their total budgets on Medicaid, Virginia spends only 13 percent.

 

You don't have to be a bleeding-heart liberal to disapprove. A number of adverse consequences stem from this excessive parsimony. Poor people lacking coverage typically avoid seeking medical treatment until their problem becomes a crisis, at which point their malady becomes far more expensive to treat. Furthermore, the uninsured usually seek treatment in emergency rooms, which are far more expensive venues than a doctor's office. Hospitals can't deny anyone treatment, even if the patients can't pay their bills. But providers still have salaries and bills to pay. They cover the cost of this indigent care by building it into the rates they charge private insurers -- cost shifting that the Virginia Hospital and Health Care Association refers, rightfully, to as a "hidden tax."

 

The cost of this hidden tax, according to a Fiscal Analytics, Ltd. study prepared for the Commonwealth Care Coalition, is an estimated $330 million a year. About one third of that manifests itself in the form of higher insurance premiums for private payers.

 

Mandated insurance coverage. Like all states, the Commonwealth of Virginia has power to regulate insurance carriers. Over the years, the General Assembly has proven a push-over for special interests from optometrists to psychologists who have insisted that their particular services be included in all health insurance plans. (Only companies that insure themselves are exempt.)

 

As a consequence, Virginia has the second largest number of mandated insurance benefits of any state in the union. According to the Virginia Association of Health Plans, mandates in Virginia inflate premiums by 20 percent -- making medical insurance that much more unaffordable to small businesses and individuals.

 

Certificate of Public Need. The state still regulates who can build new health care facilities and where. There was a big push several years ago to eliminate COPN, but hospitals and nursing homes managed to salvage this regulatory relic on the grounds that they needed the protection from competition to keep them solvent in the face of continued Medicaid shortfalls.

 

The trouble with COPN is that the lengthy approval process gives any hospital or nursing home virtual veto power over the expansion plans of a competitor in their territory. Companies offering innovative methods of health care are frozen out of the market. The hospital industry is organized much as it was 40 years ago, bundling unrelated health services -- obstetrics, cancer treatment, heart surgery, gastroenterology, etc. -- in centralized facilities. Outside of a handful of surgical centers and a couple of venerable childrens' hospitals, there are very few specialized medical centers in Virginia.

 

There is a significant body of evidence that "medical centers of excellence" focusing on core competencies can deliver health care more efficiently and with superior outcomes than generalist institutions. COPN keeps such competitors out of the Virginia marketplace.

 

Hospitals and nursing homes resist relinquishing COPN, and medical professions are loath to lose their precious mandates. Politically, there's only one way to pry concessions out of these powerful interest groups: Compensate them by spending more on Medicaid.

 

The Commonwealth Care Coalition argues for a set of reimbursement reforms to Virginia's Medicaid system that would plug most of the red ink. If the state spent an extra $250 million per year, matched by an additional $250 million in federal funds, Virginia's health care industry would receive a half-billion dollar injection. That's a wad of wampum. It's also a big lever to move a lot of legislation.

 

So, what would comprehensive, market-based health care reform look like? There are five key elements.

 

Raise the state commitment to Medicaid by $250 million. First off, that would pump $250 million worth of federal funds into the state economy, generating thousands of jobs and significant new state tax revenue. Furthermore, relieved of a major drain on their resources, health care providers could afford to reduce their cost shifting to private payers by an estimated $110 million, according to the Commonwealth Care Coalition. Finally, thousands of poor people would seek medical treatment in a timelier manner and in more appropriate settings, relieving another strain on the system.

I'll concede that $250 million is a lot of money given current budgetary restraints. But the money would be readily available from economic growth if the General Assembly deferred the phase-out of the car tax. Of all the many conceivable forms of tax relief, the car tax phase-out is one of the most ill conceived. Yes, it does give money back to taxpayers, a good thing, but it encourages people to buy more expensive cars -- which is good only if you happen to be an automobile executive in Detroit or Toyota City. The social utility for Virginians is minimal, as opposed to the benefits that would accrue from invigorating our health care sector.

 

Eliminate Certificate of Public Need. The goal would be to open up Virginia's health care system to competition. We want to make it easier for investors to invest in state-of-the-art medical equipment and facilities. We want to encourage experimentation and innovation. We want to see the introduction of specialty clinics that excel at what they do, from treating cancer to conducting coronary bypass surgeries.

Eliminate insurance mandates. Let insurance companies and employers negotiate which services go into an insurance plan. Among other options, we want to see more "bare bones" plans that encourage preventive medicine and protect against catastrophic illnesses, but punish frivolous use and abuse of the system.

 

Create insurance pools. The current system is rigged against individuals and small businesses. Increasing Medicaid payments and eliminating the "hidden tax" will help make insurance more affordable. So will eliminating insurance mandates. But the biggest problem is that small businesses and individuals are simply more expensive to insure than big companies. This is one of those rare instances, it would seem, where government needs to be more involved. The state should create a mechanism for small players to pool their buying power and negotiate the same kind of discounts that Anthem obtains for large employers.

 

At the risk of redundancy, let me drive this point home: The more uninsured people we can get signed up for insurance, the more people we have contributing premiums into the system, and the less hospitals have to shift costs onto the rest of us.

 

Invest in information technology. Legislators need to identify and eliminate and legal and regulatory barriers that slow investment in information technology, the pooling of patient-level data and the dissemination of best practices. The Virginia Health Information Foundation fulfills some of these functions, but it is an industry-funded, consensus-driven organization that moves very slowly. Virginia needs a VHIF on steroids, with the power to make the industry more transparent and nurture the development of a strong consumer movement.

 

We Virginians need to think big. We need to set ambitious goals for ourselves. We should strive for nothing less than creating the most productive and most innovative health delivery system in the United States, and providing the best outcomes for our citizens. We have the means to make medical insurance more affordable, extend coverage to nearly all of our citizens, and stimulate the growth of a vital industry. But we can't do it by raising taxes and throwing money at the problem, nor by pinching pennies and thinking small. We must be willing to leverage tax dollars into structural reform that will create the freest market for health care services in the nation.

 

-- November 3, 2003

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fire back!

 

You can berate Bacon at jabacon@

baconsrebellion.com

 

Or read his profile here.