Sunday, August 9, 2015

WE DON'T NEED SINGLE PAYER . . . WE NEED TOUGH PAYER!

The 2014 collapse of single payer legislation in Vermont – a small, prosperous state with a far-left Senator –shows that America is not ready for a Canadian-style health system.

  • The problem is that single payer means higher taxes, and not just for the richest 1%:
  • Small retail and food service companies– who now contribute little or nothing for employee health insurance - -will not abide a payroll tax;
  • Well-paid corporate employees -- who now get insurance tax-free -- will not abide an income tax increase;
  • Well-off retirees on Medicare or TriCare will resist any new income taxes;
  • Doctors and hospitals will resist a national fee schedule, if it relies on medicare rates;
  • Single payer would require a massive re-write of state vs. federal obligations.
However:

Even without full Single Payer, we can do more – right now-- to  protect vulnerable patients from financial hardship. For this we need Tough Payer, not Single Payer. 

Here are five new laws that will move us along, with a focus on patient protection, even if this hurts providers, and with much smaller  federal outlays:

New Law No. 1:

No balance billing for hospital care.

All hospital-based providers must accept insurance dollars as payment in full.
This applies to ambulances, emergency rooms, anesthesiologists, radiologists, et al.

It will not matter how small the insurer is, or how dominant the hospital is locally.

If the patient has no insurance, or is caught “out of network”, then the maximum bill will be 125% of the Medicare fee schedule.

(The Affordable Care Act does have limited rules requiring non-profit hospitals to offer financial aid to poor patients before walloping them with huge bills.  Several states protect HMO members against sneaky ER billings.

Butur new law would apply to all citizens, in all states, for all hospital care.)

Example: A patient has surgery and their insurer pays the claim. But a second non-network surgeon  sends an extra bill for $12,000.

Is the patient supposed to pop up from the operating table, to be sure that every attending specialist is covered in their plan? Is a semi-comatose patient supposed to stop every doctor who gives them a ‘bedside consultation’, and find out what they are going to charge? The law must protect patients from ‘gang billing.’

From now on, if the second surgeon’s bill is denied, the patient owes nothing. The surgeon and the insurer have to fight it out themselves. (Medicare has operated this way for years.)

Eventually a patient will get one bill from the hospital, and one bill alone. No more separate bills from obstetrics, pediatrics, anesthesiology, radiology, et al. Emergency physicians can become hospital employees again. It won’t kill them.

Example: A patient with a cardiac emergency goes to an academic hospital, which happens to be ‘out of network..’  The bill for tests and procedures is $25,000.

This too is extortion.  If the insurer pays $4,000, or no less than the Medicare rate, that amount must be accepted as payment in full.

Chargemaster price gouging is ignored by  Medicare. It is time for the rest of America to catch up.

Cost to taxpayers of New Law #1 -- $0.

New Law No. 2:

Price ceilings on drugs with no substitutes.

Insurers  and pharmacies must be defended when they refuse to pay extortionate prices, and when they force drug companies to compete for a place in their formulary.

Re-importation of drugs from Canada, Germany, Italy, et al. must be allowed in all circumstances. Class action suits against drug company profiteering must be encouraged. Sudden price ncreases of 400% on older drugs must be banned.

The FDA must be authorized to create ‘price ceilings’ for specialty drugs.
For example, the price ceiling for Sovaldi (for  Hepatits C) could be set at $1,000 a year.  The drug company would still have 3 millon potential customers, and potential revenue of $3 billion a year.

Granted --  this may discourage investment in drugs for less common diseases – i.e. , those which only have a few thousand sufferers.

Therefore, extra federal funds and prize awards for drug research should be available --in return for  price ceilings, plus the eventual elimination of patent protection periods.

Cost to taxpayers of New Law #2 -- $20 billion a year for drug research

New Law No.3

Allow patients to challenge  ‘facility fees’ for outpatient care.

Example: If a  procedure has traditionally cost $200 in a doctor’s office, the hospital cannot add a charge  of $650 just because they bought the doctor’s practice.

To combat such bills, each state will establish health care claims courts, where patients can challenge  outrageous billing. Providers would be forced to enter into binding arbitration._

(Rep. Craig Coughlin in the New Jersey House has already proposed such legislation.)

A medical bill is not holy writ. A patient can legally refuse to pay any charge,  if it is not explained to them in advance.  The operating rule will be “No disclosure, No liability.”

Insurance claims should be reviewed in advance  for scheduled procedures. A patient must be informed what they are likely to pay in deductibles and coinsurance. If they see evidence of price gouging, they can cancel the procedure or do it elsewhere.

We might then see on-line bidding for non-emergency surgeries. Patients may choose to travel to another state or another country, to find an honest entrepreneurial clinic.   

Many providers will just give up on overcharging, to avoid the potential expense of arbitration. Eventually, insurance companies and Medicare will stop paying higher rates, just because care is administered in a hospital.  

However, if a hospital or physician persists in price-gouging , we will need more judges willing to levy fines and sanctions against the offender. See the attached article from Medscape:

Binding arbitration will  cause a financial crisis for some hospitals – those which are overbuilt, overstaffed, over-equipped, and overpaid. This ‘right-sizing’ will not be pleasant, but it is time to stop the extortion.

Cost to taxpayers of New Law #3 -- $250 million to operate health courts and arbitration panels

New Law No. 4

Use Medicare to pay off large health care debts

Our new laws against balance billing will greatly reduce future medical debts. However there are existing debts which must be dealt with.

Example:

An uninsured patient owes $25,000 (at chargemaster rates) for a hospital stay….
 or an insured patient owes $10,000 due to deductibles, coinsurance, or out-of-network care.

Solution:

These bills will no longer ‘go to collections.’ Private debt collectors have no business in health care.

Instead the bill goes to Medicare, which first re-sets the bill according to its own fee schedule.

This will lower the amounts by about two -thirds in many cases. Medicare then pays the providers its standard fee, on a mandatory-assignment basis. (This is a lot more than hospitals receive now on most uninsured patients.)

The patient pays income tax on the forgiven debt. Their payments to the IRS can be spread over several years.

We must face the fact that people of modest incomes will always need help from others if they have a catastrophic medical event. As Dr. John Goodman has asked,  what is the best way of getting help? Is it through buying expensive health insurance with high deductibles and co-payments ---- or through government help to pay medical bills after the event occurs?

Medicare assistance after care may well replace the worst types of high-deductible, swiss-cheese insurance policies that are still being sold today. And that is fine.


Cost to taxpayers of New Law #4 --  About $25 billion a year for 5 years,
until balance billing rules take hold.

New Law No. 5

More federal aid to safety-net hospitals

With all the laws described above, hospitals will be less able to cover expenses through price-gouging.  Even having an emergency room at all could become a money-losing proposition.

Federal funds for emergency and trauma care can help fill the gap.

Medicare has for years paid subsidies to hospitals for treating the uninsured.
The ACA has stupidly reduced these subsidies – instead they should be at least tripled.

Americans have the foolish idea that  all hospitals should be self-supporting. No one expects this from fire or police stations. Emergency medical care should also be considered a ‘social good’ – something we  pay for  collectively, even if it does not “break even”,  because it makes our society a better place to live.

In Europe, Japan, and Australia, almost half the costs of hospital operations are paid by broad-based taxes. User fees and insurance claims are not expected to cover the whole institutional budget.

Any hospital which receives federal aid would have to spend it on patient care, not  on new construction or lavish administrative salaries.  

Cost to taxpayers of New Law #5 -- $30-$40 billion a year


Final note:

Thank you for your review of these new laws. Please feel free to reprint this article or quote from it.

Comments and criticism are always welcome. You may contact me at

You can read further writing on health reform at www.thehealthcarecrusade.com

Bob Hertz, Willow River, MN

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