Insight, analysis & opinion from Joe Paduda

Feb
8

PBMs and Part D

There is an excellent objective review of the role of PBMs in managing Part D costs at California HealthLine. While I hesitate to summarize what is already a summary, here are the main points.
1. The absence of any “transparency” requirements in the Part D enabling legislation makes it impossible to determine without legal investigation how PBMs may benefit from rebates and other confidential financial transactions.
2. There was an amendment proposed that would have addressed this but it was shot down due to the administrative expense ($40 billion over ten years).
3. Self-dealing, namely the direction of patients to a PBM-owned pharmacy, is not illegal, and is a likely fallout from Part D. This is not bad per se, as mail order costs are significantly cheaper, and the home delivery service means folks do not have to get out of the house to get their scripts (which may actually be a good or bad thing).
4. Not noted is the failure of the legislation to allow CMS to negotiate drug prices, not even as a last resort. I don’t get this.
PBMs Medco, Express Scripts, and Caremark have been besieged by allegations of impropriety, civil complaints, and customer action. While this PBM-pharmacy manufacturer-pharmacy-CMS-employer-patient thing is enough to make your head spin, this will confuse you even more –
If PBMs screw up really badly and lose a lot of money during the next two years, the taxpayers will bail them out .
What does this mean for you?
less faith in “free-market” capitalism?


Feb
6

Medical Malpractice – crisis, what crisis?

An excellent review of the realities and myth behind medical malpractice is on Kate Steadman’s Health Policy blog. The series of posts are a sort of book report on Tom Baker’s The Medical Malpractice Myth.
I’ve posted on med mal before, as has Ezra Klein – both using the article published in Health Affairs last year as the basis for the posts. But Kate’s is the best rebuttal of the myth I’ve come across.
What does this mean for you?
Medical malpractice insurance is NOT a meaningful contributor to health cost inflation. Medical errors certainly are – remember to distinguish between the two.


Feb
3

Drug dispensing by docs

Prescription drug costs in workers comp are driven by utilization and price – how many pills and how much they cost. Oh, and by the physicians who prescribe the pills, based on what the patient needs. We hope.
Into this has been injected a new profit motive for physicians – the ability for them to become their own drug stores. Several companies are offering this service, enabling docs to dispense drugs out of their own offices.
The positive spin is this enhances compliance and reduces errors due to interpreting illegible scripts. However, no studies have been found to substantiate those claims.
What has been substantiated is the ability of these on-site dispensaries to get around state fee schedules, thereby driving prices up several times over the fee schedule. Here’s an excerpt from an article in Workers’ Comp Executive;
“According to preliminary research done by CWCI and the Commission on Health and Safety and Workers’ Compensation, some doctors charge between 400 and 700 percent more than what’s charged at a pharmacy for the same medication.
CWCI research indicates that the repackaged drug Zantac goes for $255.56 for 150 mg. pills. At a pharmacy, the retail cost is $25.90. At Drugstore.com, the cost is $19.71. Repackaged pricing for naproxen (Aleve) and ibuprofen (Advil) were less than $255 but still more than the alternatives.”
The result – docs can make between $20,000 and $90,000 per year in additinal profit with no risk.
There are several firms involved in this, including Allscripts (IL) and Physicians Total Care (OK).
Several of HSA’s clients, including very large WC insurers, have seen more than half of their drug costs in California come from doctor office-based dispensaries.
What does this mean for you?
If you are a comp payer, higher costs, less control over utilization, and more frustration.


Feb
2

Responses to Bush health care initiatives

There’s so much spin in the press about Bush’s approach to health care the facts are pretty much ignored. So, as a public service, I’ve winnowed through the partisan, the strident, the pedantic and the ideology-driven cacophony surrounding Bush’s State of the Union proposals for health care to get to the facts about HSAs, CDHPs and consumerism in health care, and the viability of the whole mess .
Here’s the real story, complete with facts, citations, and sources.
HSAs as a means to reduce the number of uninsured
Robert Laszewski – Bob notes that “increasing the tax-deductibility of out-of-pocket expenses for HSA programs …doesn’t do a whole lot for an uninsured person in a zero bracket…the President’s tax cuts increased the number of low income people who do not pay taxes.” And, studies show fewer than one million of the 46 million uninsured are likely to enroll in HSA plans.
HSAs as a way for consumers to fund health care costs and reduce premiums
That presupposes there is cash in the account to pay for services up to the deductible, and that the policy then covers needed care. Fact is, more than half the 3 million HSAs have not been funded at all – not even a cent. Hard to see how they will pay for care with non-existent funds…
Consumer-directed health plans as a means to reduce health care costs.
No, they won’t. And CDHPs may actually increase health care costs; reports indicate similar programs in other areas have had “unintended consequences” – less compliance with preventive medicine as an example.
Portability of health insurance
Bush’s HSAs are portable, but that does not mean the insurance behind them is. Insurers offering HSAs can still require medical underwriting, which eliminates coverage for chronic conditions and/or increases premiums to a level that is unaffordable. So, insurance is not portable at all. And making it portable would require a drastic change to the COBRA laws, or de-coupling private health insurance from employers. Neither is anywhere close to being considered, much less the subject of legislation. However, Bush’s administration is making an attempt to drastically change existing laws governing these matters – like ERISA, state regulatory authority over insurance plans and the like. These are huge undertakings, and the chances of all the required legal changes actually occuring are zilch.
Viability
This gets to the heart of the matter, which is “do voters believe Bush has credibility when it comes to health care“. A USAToday poll indicates the majority do not. According to California HealthLine, a “USA Today/CNN/Gallup poll of 1,066 U.S. adults conducted between Jan. 20 and Jan. 22 found that about 60% of respondents disapprove of how Bush has addressed health care issues, compared with 40% in mid-2002″.
Couple the citizenry’s skepticism with the potentially negative implications for tax revenue from the Bush proposals, and his stated desire to halve the $900 billion deficit by 2010, and the Bush program looks unattainable.
Which is just as well, as it will do nothing to reduce health cost inflation or expand coverage.


Feb
2

AIG, General Re face Federal charges

A potential legal blockbuster involving top executives at General Re and AIG was disclosed in today’s New York Times. According to the Times’ report, three former top executives at Berkshire Hathaway’s General Re subsidiary and the former head of AIG’s reinsurance operation are to be charged today with civil and criminal complaints stemming from AIG’s alleged use of improper financial transactions to boost reserves.
The charges have been brewing for months, and are among the most serious offenses that emerged from NY Attorney General Eliot Spitzer’s investigations into AIG. Of note, unlike previous charges which were filed at the state level by Spitzer and other state attorneys general, the complaints will be filed at the Federal level by the US Justice Department and the SEC. The reason is these charges are related to stock manipulation, a Federal issue.
At the risk of way over-simplifying the situation, it appears that AIG and General Re are charged with entering into a financial transaction designed to artificially add $500 million to AIG’s reserves in 2000 and 2001. However, the transaction did not meet the legal test necessary to qualify as an insurance policy, and was actually a loan. Why is that important? Unlike a straight insurance claim that transfers cash based on a legal claim from the insurer to the policyholder (your house burns down, the insurance company sends you a check for $400,000), a loan counts as a liability on the balance sheet (you take out a mortgage on your house for $400,000) (and the cash proceeds count as an asset).
This is not just a one-and-done thing, as it appears AIG and its chairman engaged in an ongoing effort to pump up the balance sheet, smoothing out earnings to keep the stock price heading ever upward.
This particular part of the mess arises out of the allegedly fraudulent accounting for the policy/loan. The deal served to make AIG’s financial statements appear stronger than they actually were. It appears this was an attempt to manipulate AIG’s stock price, a charge that has been levied against Hank Greenberg, the ousted chairman of AIG.
General Re is owned by Berkshire Hathaway, whose chairman Warren Buffett was not aware of the nature of the transaction. There are back and forth claims about what he knew and when he knew it, but the Times article is pretty clear that Buffett’s participation was likely after the fact and did not cross the line into illegal activity.
What does this mean for you?
The insurance scandals just will not go away, and this announcement means they’ll be with us for a while.


Feb
1

High expectations at Ohio’s scandal-plagued work comp bureau

In an attempt to turn over a new leaf, the administrator of Ohio’s troubled Bureau of Workers’ Compensation (BWC) has announced plans to improve financial results by up to $424 million. These improvements appear to be based on plans to cut health care expenses, improve investment income, and other administrative changes.
Ohio’s workers comp fund, the only source for comp insurance in the state, has been hammered by reports of excessive payments to hospitals, fraudulent investments, including reserves invested in rare coins, cronyism and back-room dealings resulting from ineffective oversight.
While I sincerely hope they get their act together, if they do, I’ll sure miss the entertainment value. After all, its not every day you see work comp hit the daily news… and certainly rare indeed when comp is mentioned in the same sentence with Abramoff, Delay, and the rest of the current crop of miscreants.


Feb
1

Bush’s answer to health cost inflation – HSAs, CDHPs, AHPs, and HIT

Pres. Bush’s statements on health care and health insurance in the State of the Union (free subscription required) address left me somewhat confused about the President’s real objectives. While he advocated controlling the cost of care, he also strongly endorsed extending tax breaks for insurance and any individual expenditure on anything medical.
These two programs are contradictory. Reducing the consumer’s real cost of health care makes them less likely to reduce expenditures, thereby feeding medical inflation.
The central premise of the Bush plan appears to be a belief in the power of information and tax policy to encourage better decision making by health care consumers. This approach, known as consumer-directed health care, will do nothing to reduce health care inflation.
Bush also:


Jan
29

The HSA debate

An excellent ongoing debate on HSAs is raging at Ezra Klein’s blog.
Ezra is engaged in a discussion w libertarian/conservative Adrienne and others about the role of and impact upon society of HSAs.
Here’s an excerpt
” (Adrienne) If your ultimate goal as a health policy wonk is to push for government-financed health care, then criticizing HSAs and the consumer-driven health care approach is your bread and butter, the overwhelming evidence that many people like having the HSA option notwithstanding.
(Ezra) Well, yeah. If yesterday I was paying to help sick, old people not go bankrupt and today I’m not, I’ll probably be a happy camper. At least till I get sick and/or old. I’m sure the healthy young things populating HSA’s are ecstatic to have lower premiums, but I’m similarly sure that HSA’s are a bad idea. And since they will eventually destroy regular insurance if widely adopted…”
Leaving aside the ideological asides, the debate provides good perspective on the pros cons and disagreements about same. There’s also less twisting of facts and perceptions than one normally finds in left-right debates.
My perspective is once you strip aside the labels and ideology, it is blindingly apparent that HSAs and CDHPs cannot and will not reduce health care inflation – they just do not address the key drivers – aging, technology, over-utilization…
So, if you want to debate HSAs on their merits, go ahead – just don’t confuse them with medical cost containment.


Jan
29

HSAs – what’s the point?

There are several missing points in the ongoing debates about HSAs.
1. Much of the adoption of HSAs has been due to employers eliminating their other plans in favor of CDHP-HSA plans. So, the argument that individuals are jumping on the bandwagon is a little disingenuous.
2. Employers are dumping their regular plans (well, a few are, most are not) because they can’t afford to buy health insurance for their workers any more. And a big part of the reason they can’t is because of cost-shifting from the uninsured to the insured. The uninsured get care, they just don’t pay for it. see https://www.joepaduda.com/archives/000395.html for more on this.
3. The larger employers who are offering HSAs are seeing very low adoption rates. IBM has been offering them for over two years, and less than 3% of eligibles have signed up.
The real issue is how much drag on the US economy is a result of our present funding mechanism for health care. Clearly health care costs play a role in the industrial competitiveness of US companies; the HSA-CDHP debate merely clouds the overall issue – if we don’t get our act together we will get our economic butt kicked.


Jan
27

Part D (D=Disaster)

Health policy expert (and good friend) Bob Laszewski was interviewed on NPR this morning about the Part D program, bringing a little much-needed perspective to this over-spun topic. The net – if enrollment among “voluntaries” (those without present coverage) does not increase 500% the program is a disaster.
Here are the quotes from Judy Rovner’s piece:


Joe Paduda is the principal of Health Strategy Associates

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