Bitter
Pill: Why Medical Bills Are Killing Us
With solutions
offered toward the end of the article
How outrageous
pricing and egregious profits are destroying our health care
By Steven Brill
Apr 04, 2013
For more, visit TIME Health.( https://time.com/time-health/
)
1. Routine
Care, Unforgettable Bills
When Sean Recchi, a 42-year-old from
Lancaster, Ohio, was told last March that he had non-Hodgkin's lymphoma, his
wife Stephanie knew she had to get him to MD Anderson Cancer Center in Houston.
Stephanie's father had been treated there 10 years earlier, and she and her
family credited the doctors and nurses at MD Anderson with extending his life
by at least eight years.
Because Stephanie and
her husband had recently started their own small technology business, they were
unable to buy comprehensive health insurance. For $469 a month, or about 20% of
their income, they had been able to get only a policy that covered just $2,000
per day of any hospital costs. "We don't take that kind of discount
insurance," said the woman at MD Anderson when Stephanie called to make an
appointment for Sean.
Stephanie was then told
by a billing clerk that the estimated cost of Sean's visit — just to be
examined for six days so a treatment plan could be devised — would be $48,900,
due in advance. Stephanie got her mother to write her a check. "You do
anything you can in a situation like that," she says. The Recchis flew to
Houston, leaving Stephanie's mother to care for their two teenage children.
About a week later,
Stephanie had to ask her mother for $35,000 more so Sean could begin the
treatment the doctors had decided was urgent. His condition had worsened
rapidly since he had arrived in Houston. He was "sweating and shaking with
chills and pains," Stephanie recalls. "He had a large mass in his
chest that was ... growing. He was panicked."
Nonetheless, Sean was
held for about 90 minutes in a reception area, she says, because the hospital
could not confirm that the check had cleared. Sean was allowed to see the
doctor only after he advanced MD Anderson $7,500 from his credit card. The
hospital says there was nothing unusual about how Sean was kept waiting.
According to MD Anderson communications manager Julie Penne, "Asking for
advance payment for services is a common, if unfortunate, situation that
confronts hospitals all over the United States."
The total cost, in
advance, for Sean to get his treatment plan and initial doses of chemotherapy
was $83,900.
Why?
The first of the 344
lines printed out across eight pages of his hospital bill — filled with
indecipherable numerical codes and acronyms — seemed innocuous. But it set the
tone for all that followed. It read, "1 ACETAMINOPHE TABS 325 MG."
The charge was only $1.50, but it was for a generic version of a Tylenol pill.
You can buy 100 of them on Amazon for $1.49 even without a hospital's
purchasing power.
Dozens of midpriced
items were embedded with similarly aggressive markups, like $283.00 for a
"CHEST, PA AND LAT 71020." That's a simple chest X-ray, for which MD
Anderson is routinely paid $20.44 when it treats a patient on Medicare, the
government health care program for the elderly.
Every time a nurse drew
blood, a "ROUTINE VENIPUNCTURE" charge of $36.00 appeared,
accompanied by charges of $23 to $78 for each of a dozen or more lab analyses
performed on the blood sample. In all, the charges for blood and other lab
tests done on Recchi amounted to more than $15,000. Had Recchi been old enough
for Medicare, MD Anderson would have been paid a few hundred dollars for all
those tests. By law, Medicare's payments approximate a hospital's cost of
providing a service, including overhead, equipment and salaries.
On the second page of
the bill, the markups got bolder. Recchi was charged $13,702 for "1
RITUXIMAB INJ 660 MG." That's an injection of 660 mg of a cancer wonder
drug called Rituxan. The average price paid by all hospitals for this dose is
about $4,000, but MD Anderson probably gets a volume discount that would make
its cost $3,000 to $3,500. That means the nonprofit cancer center's
paid-in-advance markup on Recchi's lifesaving shot would be about 400%.
When I asked MD Anderson
to comment on the charges on Recchi's bill, the cancer center released a
written statement that said in part, "The issues related to health care
finance are complex for patients, health care providers, payers and government
entities alike ... MD Anderson's clinical billing and collection practices are
similar to those of other major hospitals and academic medical centers."
The hospital's
hard-nosed approach pays off. Although it is officially a nonprofit unit of the
University of Texas, MD Anderson has revenue that exceeds the cost of the
world-class care it provides by so much that its operating profit for the
fiscal year 2010, the most recent annual report it filed with the U.S.
Department of Health and Human Services, was $531 million. That's a profit
margin of 26% on revenue of $2.05 billion, an astounding result for such a
service-intensive enterprise.1
The president of MD
Anderson is paid like someone running a prosperous business. Ronald DePinho's
total compensation last year was $1,845,000. That does not count outside
earnings derived from a much publicized waiver he received from the university
that, according to the Houston Chronicle, allows him to maintain
unspecified "financial ties with his three principal pharmaceutical
companies."
DePinho's salary is
nearly two and a half times the $750,000 paid to Francisco Cigarroa, the
chancellor of entire University of Texas system, of which MD Anderson is a
part. This pay structure is emblematic of American medical economics and is
reflected on campuses across the U.S., where the president of a hospital or
hospital system associated with a university — whether it's Texas, Stanford,
Duke or Yale — is invariably paid much more than the person in charge of the
university.
I got the idea for this
article when I was visiting Rice University last year. As I was leaving the
campus, which is just outside the central business district of Houston, I
noticed a group of glass skyscrapers about a mile away lighting up the evening
sky. The scene looked like Dubai. I was looking at the Texas Medical Center, a
nearly 1,300-acre, 280-building complex of hospitals and related medical
facilities, of which MD Anderson is the lead brand name. Medicine had obviously
become a huge business. In fact, of Houston's top 10 employers, five are
hospitals, including MD Anderson with 19,000 employees; three, led by
ExxonMobil with 14,000 employees, are energy companies. How did that happen, I
wondered. Where's all that money coming from? And where is it going? I have
spent the past seven months trying to find out by analyzing a variety of bills
from hospitals like MD Anderson, doctors, drug companies and every other player
in the American health care ecosystem.
1. Here and elsewhere I define operating profit as the
hospital's excess of revenue over expenses, plus the amount it lists on its tax
return for depreciation of assets — because depreciation is an accounting
expense, not a cash expense. John Gunn, chief operating officer of Memorial
Sloan-Kettering Cancer Center, calls this the "fairest way" of
judging a hospital's financial performance
The original version of
this article misidentified William Powers Jr., the president of the University
of Texas system, as the head of the entire system. That is in fact Francisco
Cigarroa, the chancellor of the University of Texas
When you look behind the
bills that Sean Recchi and other patients receive, you see nothing rational —
no rhyme or reason — about the costs they faced in a marketplace they enter
through no choice of their own. The only constant is the sticker shock for the
patients who are asked to pay.
Yet those who work in
the health care industry and those who argue over health care policy seem
inured to the shock. When we debate health care policy, we seem to jump right
to the issue of who should pay the bills, blowing past what should be the first
question: Why exactly are the bills so high?
What are the reasons,
good or bad, that cancer means a half-million- or million-dollar tab? Why
should a trip to the emergency room for chest pains that turn out to be
indigestion bring a bill that can exceed the cost of a semester of college?
What makes a single dose of even the most wonderful wonder drug cost thousands
of dollars? Why does simple lab work done during a few days in a hospital cost
more than a car? And what is so different about the medical ecosystem that
causes technology advances to drive bills up instead of down?
Recchi's bill and six
others examined line by line for this article offer a closeup window into what
happens when powerless buyers — whether they are people like Recchi or big
health-insurance companies — meet sellers in what is the ultimate seller's
market.
The result is a uniquely
American gold rush for those who provide everything from wonder drugs to canes
to high-tech implants to CT scans to hospital bill-coding and collection
services. In hundreds of small and midsize cities across the country — from
Stamford, Conn., to Marlton, N.J., to Oklahoma City — the American health care
market has transformed tax-exempt "nonprofit" hospitals into the
towns' most profitable businesses and largest employers, often presided over by
the regions' most richly compensated executives. And in our largest cities, the
system offers lavish paychecks even to midlevel hospital managers, like the 14
administrators at New York City's Memorial Sloan-Kettering Cancer Center who
are paid over $500,000 a year, including six who make over $1 million.
Taken as a whole, these
powerful institutions and the bills they churn out dominate the nation's
economy and put demands on taxpayers to a degree unequaled anywhere else on
earth. In the U.S., people spend almost 20% of the gross domestic product on
health care, compared with about half that in most developed countries. Yet in
every measurable way, the results our health care system produces are no better
and often worse than the outcomes in those countries.
According to one of a
series of exhaustive studies done by the McKinsey & Co. consulting firm, we
spend more on health care than the next 10 biggest spenders combined: Japan,
Germany, France, China, the U.K., Italy, Canada, Brazil, Spain and Australia.
We may be shocked at the $60 billion price tag for cleaning up after Hurricane
Sandy. We spent almost that much last week on health care. We spend more every
year on artificial knees and hips than what Hollywood collects at the box
office. We spend two or three times that much on durable medical devices like
canes and wheelchairs, in part because a heavily lobbied Congress forces
Medicare to pay 25% to 75% more for this equipment than it would cost at
Walmart.
The Bureau of Labor
Statistics projects that 10 of the 20 occupations that will grow the fastest in
the U.S. by 2020 are related to health care. America's largest city may be
commonly thought of as the world's financial-services capital, but of New
York's 18 largest private employers, eight are hospitals and four are banks.
Employing all those people in the cause of curing the sick is, of course, not
anything to be ashamed of. But the drag on our overall economy that comes with
taxpayers, employers and consumers spending so much more than is spent in any
other country for the same product is unsustainable. Health care is eating away
at our economy and our treasury.
The health care industry
seems to have the will and the means to keep it that way. According to the
Center for Responsive Politics, the pharmaceutical and health-care-product
industries, combined with organizations representing doctors, hospitals,
nursing homes, health services and HMOs, have spent $5.36 billion since 1998 on
lobbying in Washington. That dwarfs the $1.53 billion spent by the defense and
aerospace industries and the $1.3 billion spent by oil and gas interests over
the same period. That's right: the health-care-industrial complex spends more
than three times what the military-industrial complex spends in Washington.
When you crunch data
compiled by McKinsey and other researchers, the big picture looks like this:
We're likely to spend $2.8 trillion this year on health care. That $2.8
trillion is likely to be $750 billion, or 27%, more than we would spend if we
spent the same per capita as other developed countries, even after adjusting
for the relatively high per capita income in the U.S. vs. those other
countries. Of the total $2.8 trillion that will be spent on health care, about
$800 billion will be paid by the federal government through the Medicare
insurance program for the disabled and those 65 and older and the Medicaid
program, which provides care for the poor. That $800 billion, which keeps
rising far faster than inflation and the gross domestic product, is what's
driving the federal deficit. The other $2 trillion will be paid mostly by
private health-insurance companies and individuals who have no insurance or who
will pay some portion of the bills covered by their insurance. This is what's
increasingly burdening businesses that pay for their employees' health
insurance and forcing individuals to pay so much in out-of-pocket expenses.
Breaking these trillions
down into real bills going to real patients cuts through the ideological debate
over health care policy. By dissecting the bills that people like Sean Recchi
face, we can see exactly how and why we are overspending, where the money is
going and how to get it back. We just have to follow the money.
The $21,000
Heartburn Bill
One night last summer at her home near
Stamford, Conn., a 64-year-old former sales clerk whom I'll call Janice S. felt
chest pains. She was taken four miles by ambulance to the emergency room at
Stamford Hospital, officially a nonprofit institution. After about three hours
of tests and some brief encounters with a doctor, she was told she had
indigestion and sent home. That was the good news.
The bad news was the
bill: $995 for the ambulance ride, $3,000 for the doctors and $17,000 for the
hospital — in sum, $21,000 for a false alarm.
Out of work for a year,
Janice S. had no insurance. Among the hospital's charges were three
"TROPONIN I" tests for $199.50 each. According to a National
Institutes of Health website, a troponin test "measures the levels of
certain proteins in the blood" whose release from the heart is a strong
indicator of a heart attack. Some labs like to have the test done at intervals,
so the fact that Janice S. got three of them is not necessarily an issue. The
price is the problem.
Stamford Hospital
spokesman Scott Orstad told me that the $199.50 figure for the troponin test
was taken from what he called the hospital's chargemaster. The chargemaster, I
learned, is every hospital's internal price list. Decades ago it was a document
the size of a phone book; now it's a massive computer file, thousands of items
long, maintained by every hospital.
Stamford Hospital's
chargemaster assigns prices to everything, including Janice S.'s blood tests.
It would seem to be an important document. However, I quickly found that
although every hospital has a chargemaster, officials treat it as if it were an
eccentric uncle living in the attic. Whenever I asked, they deflected all
conversation away from it. They even argued that it is irrelevant. I soon found
that they have good reason to hope that outsiders pay no attention to the
chargemaster or the process that produces it. For there seems to be no process,
no rationale, behind the core document that is the basis for hundreds of
billions of dollars in health care bills.
Because she was 64, not
65, Janice S. was not on Medicare. But seeing what Medicare would have paid
Stamford Hospital for the troponin test if she had been a year older shines a
bright light on the role the chargemaster plays in our national medical crisis
— and helps us understand the illegitimacy of that $199.50 charge. That's
because Medicare collects troves of data on what every type of treatment, test
and other service costs hospitals to deliver. Medicare takes seriously the
notion that nonprofit hospitals should be paid for all their costs but actually
be nonprofit after their calculation. Thus, under the law, Medicare is supposed
to reimburse hospitals for any given service, factoring in not only direct
costs but also allocated expenses such as overhead, capital expenses, executive
salaries, insurance, differences in regional costs of living and even the
education of medical students.
It turns out that
Medicare would have paid Stamford $13.94 for each troponin test rather than the
$199.50 Janice S. was charged.
Janice S. was also
charged $157.61 for a CBC — the complete blood count that those of us who
are ER aficionados remember George Clooney ordering several
times a night. Medicare pays $11.02 for a CBC in Connecticut. Hospital finance
people argue vehemently that Medicare doesn't pay enough and that they lose as
much as 10% on an average Medicare patient. But even if the Medicare price
should be, say, 10% higher, it's a long way from $11.02 plus 10% to $157.61.
Yes, every hospital administrator grouses
about Medicare's payment rates — rates that are supervised by a Congress that
is heavily lobbied by the American Hospital Association, which spent $1,859,041
on lobbyists in 2012. But an annual expense report that Stamford Hospital is
required to file with the federal Department of Health and Human Services
offers evidence that Medicare's rates for the services Janice S. received are
on the mark. According to the hospital's latest filing (covering 2010), its
total expenses for laboratory work (like Janice S.'s blood tests) in the 12
months covered by the report were $27.5 million. Its total charges were $293.2
million. That means it charged about 11 times its costs.
As we examine other bills, we'll see that like
Medicare patients, the large portion of hospital patients who have private
health insurance also get discounts off the listed chargemaster figures,
assuming the hospital and insurance company have negotiated to include the
hospital in the insurer's network of providers that its customers can use. The
insurance discounts are not nearly as steep as the Medicare markdowns, which
means that even the discounted insurance-company rates fuel profits at these
officially nonprofit hospitals. Those profits are further boosted by payments
from the tens of millions of patients who, like the unemployed Janice S., have
no insurance or whose insurance does not apply because the patient has exceeded
the coverage limits. These patients are asked to pay the chargemaster list prices.
If you are confused by
the notion that those least able to pay are the ones singled out to pay the
highest rates, welcome to the American medical marketplace.
Pay No
Attention To the Chargemaster
No hospital's chargemaster prices are
consistent with those of any other hospital, nor do they seem to be based on
anything objective — like cost — that any hospital executive I spoke with was
able to explain. "They were set in cement a long time ago and just keep
going up almost automatically," says one hospital chief financial officer
with a shrug.
At Stamford Hospital I
got the first of many brush-offs when I asked about the chargemaster rates on
Janice S.'s bill. "Those are not our real rates," protested hospital
spokesman Orstad when I asked him to make hospital CEO Brian Grissler available
to explain Janice S.'s bill, in particular the blood-test charges. "It's a
list we use internally in certain cases, but most people never pay those
prices. I doubt that Brian [Grissler] has even seen the list in years. So I'm
not sure why you care."
Orstad also refused to
comment on any of the specifics in Janice S.'s bill, including the seemingly
inflated charges for all the lab work. "I've told you I don't think a bill
like this is relevant," he explained. "Very few people actually pay
those rates."
But Janice S. was asked
to pay them. Moreover, the chargemaster rates are relevant, even for those
unlike her who have insurance. Insurers with the most leverage, because they
have the most customers to offer a hospital that needs patients, will try to
negotiate prices 30% to 50% above the Medicare rates rather than discounts off
the sky-high chargemaster rates. But insurers are increasingly losing leverage
because hospitals are consolidating by buying doctors' practices and even rival
hospitals. In that situation — in which the insurer needs the hospital more
than the hospital needs the insurer — the pricing negotiation will be over
discounts that work down from the chargemaster prices rather than up from what
Medicare would pay. Getting a 50% or even 60% discount off the chargemaster
price of an item that costs $13 and lists for $199.50 is still no bargain.
"We hate to negotiate off of the chargemaster, but we have to do it a lot
now," says Edward Wardell, a lawyer for the giant health-insurance
provider Aetna Inc.
That so few consumers
seem to be aware of the chargemaster demonstrates how well the health care
industry has steered the debate from why bills are so high to who should pay
them.
The expensive technology
deployed on Janice S. was a bigger factor in her bill than the lab tests. An
"NM MYO REST/SPEC EJCT MOT MUL" was billed at $7,997.54. That's a
stress test using a radioactive dye that is tracked by an X-ray computed tomography,
or CT, scan. Medicare would have paid Stamford $554 for that test.
Janice S. was charged an
additional $872.44 just for the dye used in the test. The regular stress test
patients are more familiar with, in which arteries are monitored electronically
with an electrocardiograph, would have cost far less — $1,200 even at the
hospital's chargemaster price. (Medicare would have paid $96 for it.) And
although many doctors view the version using the CT scan as more thorough,
others consider it unnecessary in most cases.
According to Jack Lewin,
a cardiologist and former CEO of the American College of Cardiology, "It
depends on the patient, of course, but in most cases you would start with a
standard stress test. We are doing too many of these nuclear tests. It is not
being used appropriately ... Sometimes a cardiogram is enough, and you don't
even need the simpler test. But it usually makes sense to give the patient the
simpler one first and then use nuclear for a closer look if there seem to be
problems."
We don't know the
particulars of Janice S.'s condition, so we cannot know why the doctors who
treated her ordered the more expensive test. But the incentives are clear. On
the basis of market prices, Stamford probably paid about $250,000 for the CT
equipment in its operating room. It costs little to operate, so the more it can
be used and billed, the quicker the hospital recovers its costs and begins
profiting from its purchase. In addition, the cardiologist in the emergency
room gave Janice S. a separate bill for $600 to read the test results on top of
the $342 he charged for examining her.
According to a McKinsey
study of the medical marketplace, a typical piece of equipment will pay for
itself in one year if it carries out just 10 to 15 procedures a day. That's a
terrific return on capital equipment that has an expected life span of seven to
10 years. And it means that after a year, every scan ordered by a doctor in the
Stamford Hospital emergency room would mean pure profit, less maintenance
costs, for the hospital. Plus an extra fee for the doctor.
Another McKinsey report
found that health care providers in the U.S. conduct far more CT tests per
capita than those in any other country — 71% more than in Germany, for example,
where the government-run health care system offers none of those incentives for
overtesting. We also pay a lot more for each test, even when it's Medicare
doing the paying. Medicare reimburses hospitals and clinics an average of four
times as much as Germany does for CT scans, according to the data gathered by
McKinsey.
Medicare's reimbursement
formulas for these tests are regulated by Congress. So too are restrictions on
what Medicare can do to limit the use of CT and magnetic resonance imaging
(MRI) scans when they might not be medically necessary. Standing at the ready
to make sure Congress keeps Medicare at bay is, among other groups, the
American College of Radiology, which on Nov. 14 ran a full-page ad in the
Capitol Hill–centric newspaper Politic urging Congress to pass the
Diagnostic Imaging Services Access Protection Act. It's a bill that would block
efforts by Medicare to discourage doctors from ordering multiple CT scans on
the same patient by paying them less per test to read multiple tests of the same
patient. (In fact, six of Politico's 12 pages of ads that day were
bought by medical interests urging Congress to spend or not cut back on one of
their products.)
The costs associated
with high-tech tests are likely to accelerate. McKinsey found that the more CT
and MRI scanners are out there, the more doctors use them. In 1997 there were
fewer than 3,000 machines available, and they completed an average of 3,800
scans per year. By 2006 there were more than 10,000 in use, and they completed
an average of 6,100 per year.
According to a study in the Annals of
Emergency Medicine, the use of CT scans in America's emergency rooms
"has more than quadrupled in recent decades." As one former
emergency-room doctor puts it, "Giving out CT scans like candy in the ER
is the equivalent of putting a 90-year-old grandmother through a pat-down at
the airport: Hey, you never know."
Selling this equipment
to hospitals — which has become a key profit center for industrial
conglomerates like General Electric and Siemens — is one of the U.S. economy's
bright spots. I recently subscribed to an online headhunter's listings for
medical-equipment salesmen and quickly found an opening in Connecticut that
would pay a salary of $85,000 and sales commissions of up to $95,000 more, plus
a car allowance. The only requirement was that applicants have "at least
one year of experience selling some form of capital equipment."
In all, on the day I
signed up for that jobs website, it carried 186 listings for medical-equipment
salespeople just in Connecticut.
2. Medical
Technology's Perverse Economics
Unlike those of almost any other area
we can think of, the dynamics of the medical marketplace seem to be such that
the advance of technology has made medical care more expensive, not less.
First, it appears to encourage more procedures and treatment by making them
easier and more convenient. (This is especially true for procedures like
arthroscopic surgery.) Second, there is little patient pushback against higher
costs because it seems to (and often does) result in safer, better care and
because the customer getting the treatment is either not going to pay for it or
not going to know the price until after the fact.
Beyond the hospitals'
and doctors' obvious economic incentives to use the equipment and the
manufacturers' equally obvious incentives to sell it, there's a legal incentive
at work. Giving Janice S. a nuclear-imaging test instead of the lower-tech,
less expensive stress test was the safer thing to do — a belt-and-suspenders approach
that would let the hospital and doctor say they pulled out all the stops in
case Janice S. died of a heart attack after she was sent home.
"We use the CT scan
because it's a great defense," says the CEO of another hospital not far
from Stamford. "For example, if anyone has fallen or done anything around
their head — hell, if they even say the word head — we do it
to be safe. We can't be sued for doing too much."
His rationale speaks to
the real cost issue associated with medical-malpractice litigation. It's not as
much about the verdicts or settlements (or considerable malpractice-insurance
premiums) that hospitals and doctors pay as it is about what they do to avoid
being sued. And some no doubt claim they are ordering more tests to avoid being
sued when it is actually an excuse for hiking profits. The most practical
malpractice-reform proposals would not limit awards for victims but would allow
doctors to use what's called a safe-harbor defense. Under safe harbor, a
defendant doctor or hospital could argue that the care provided was within the
bounds of what peers have established as reasonable under the circumstances.
The typical plaintiff argument that doing something more, like a
nuclear-imaging test, might have saved the patient would then be less likely to
prevail.
When Obamacare was being
debated, Republicans pushed this kind of commonsense malpractice-tort reform.
But the stranglehold that plaintiffs' lawyers have traditionally had on
Democrats prevailed, and neither a safe-harbor provision nor any other
malpractice reform was included.
Nonprofit
Profitmakers
To the extent that they defend the
chargemaster rates at all, the defense that hospital executives offer has to do
with charity. As John Gunn, chief operating officer of Sloan-Kettering, puts
it, "We charge those rates so that when we get paid by a [wealthy]
uninsured person from overseas, it allows us to serve the poor."
A closer look at
hospital finance suggests two holes in that argument. First, while
Sloan-Kettering does have an aggressive financial-assistance program (something
Stamford Hospital lacks), at most hospitals it's not a Saudi sheik but
the almost poor — those who don't qualify for Medicaid and
don't have insurance — who are most often asked to pay those exorbitant chargemaster
prices. Second, there is the jaw-dropping difference between those list prices
and the hospitals' costs, which enables these ostensibly nonprofit institutions
to produce high profits even after all the discounts. True, when the discounts
to Medicare and private insurers are applied, hospitals end up being paid a lot
less overall than what is itemized on the original bills. Stamford ends up
receiving about 35% of what it bills, which is the yield for most hospitals.
(Sloan-Kettering and MD Anderson, whose great brand names make them tough
negotiators with insurance companies, get about 50%).
However, no matter how steep the discounts,
the chargemaster prices are so high and so devoid of any calculation related to
cost that the result is uniquely American: thousands of nonprofit institutions
have morphed into high-profit, high-profile businesses that have the best of
both worlds. They have become entities akin to low-risk, must-have public
utilities that nonetheless pay their operators as if they were high-risk
entrepreneurs. As with the local electric company, customers must have the
product and can't go elsewhere to buy it. They are steered to a hospital by
their insurance companies or doctors (whose practices may have a business
alliance with the hospital or even be owned by it). Or they end up there
because there isn't any local competition. But unlike with the electric
company, no regulator caps hospital profits.
Yet hospitals are also
beloved local charities.
The result is that in
small towns and cities across the country, the local nonprofit hospital may be
the community's strongest business, typically making tens of millions of
dollars a year and paying its nondoctor administrators six or seven figures. As
nonprofits, such hospitals solicit contributions, and their annual charity
dinner, a showcase for their good works, is typically a major civic event. But
charitable gifts are a minor part of their base; Stamford Hospital raised just
over 1% of its revenue from contributions last year. Even after discounts,
those $199.50 blood tests and multithousand-dollar CT scans are what really
count.
Thus, according to the
latest publicly available tax return it filed with the IRS, for the fiscal year
ending September 2011, Stamford Hospital — in a midsize city serving an
unusually high 50% share of highly discounted Medicare and Medicaid patients — managed
an operating profit of $63 million on revenue actually received (after all the
discounts off the chargemaster) of $495 million. That's a 12.7% operating
profit margin, which would be the envy of shareholders of high-service
businesses across other sectors of the economy.
Its nearly half-billion
dollars in revenue also makes Stamford Hospital by far the city's largest
business serving only local residents. In fact, the hospital's revenue exceeded
all money paid to the city of Stamford in taxes and fees. The hospital is a
bigger business than its host city.
There is nothing special
about the hospital's fortunes. Its operating profit margin is about the same as
the average for all nonprofit hospitals, 11.7%, even when those that lose money
are included. And Stamford's 12.7% was tallied after the hospital paid a slew
of high salaries to its management, including $744,000 to its chief financial
officer and $1,860,000 to CEO Grissler.
In fact, when McKinsey,
aided by a Bank of America survey, pulled together all hospital financial
reports, it found that the 2,900 nonprofit hospitals across the country, which
are exempt from income taxes, actually end up averaging higher operating profit
margins than the 1,000 for-profit hospitals after the for-profits' income-tax
obligations are deducted. In health care, being nonprofit produces more profit.
Nonetheless, hospitals
like Stamford are able to use their sympathetic nonprofit status to push their
interests. As the debate over deficit-cutting ideas related to health care has
heated up, the American Hospital Association has run daily ads on Mike Allen's
Playbook, a popular Washington tip sheet, urging that Congress not be allowed
to cut hospital payments because that would endanger the "$39.3 billion"
in uncompensated care for the poor that hospitals now provide either through
charity programs or because of patients failing to pay their debts. Based on
the formula hospitals use to calculate the cost of this charity care, that
amounts to approximately 5% of their total revenue for 2010.
Under Internal Revenue
Service rules, nonprofits are not prohibited from taking in more money than
they spend. They just can't distribute the overage to shareholders — because
they don't have any shareholders.
So, what do these
wealthy nonprofits do with all the profit? In a trend similar to what we've
seen in nonprofit colleges and universities — where there has been an arms race
of sorts to use rising tuition to construct buildings and add courses of study
— the hospitals improve and expand facilities (despite the fact that the U.S.
has more hospital beds than it can fill), buy more equipment, hire more people,
offer more services, buy rival hospitals and then raise executive salaries
because their operations have gotten so much larger. They keep the upward
spiral going by marketing for more patients, raising prices and pushing harder
to collect bill payments. Only with health care, the upward spiral is easier to
sustain. Health care is seen as even more of a necessity than higher education.
And unlike in higher education, in health care there is little price
transparency — and far less competition in any given locale even if there were
transparency. Besides, a hospital is typically one of the community's larger
employers if not the largest, so there is unlikely to be much local complaining
about its burgeoning economic fortunes.
In December, when the
New York Times ran a story about how a deficit deal might
threaten hospital payments, Steven Safyer, chief executive of Montefiore
Medical Center, a large nonprofit hospital system in the Bronx, complained,
"There is no such thing as a cut to a provider that isn't a cut to a
beneficiary ... This is not crying wolf."
Actually, Safyer seems
to be crying wolf to the tune of about $196.8 million, according to the
hospital's latest publicly available tax return. That was his hospital's
operating profit, according to its 2010 return. With $2.586 billion in revenue
— of which 99.4% came from patient bills and 0.6% from fundraising events and
other charitable contributions — Safyer's business is more than six times as
large as that of the Bronx's most famous enterprise, the New York Yankees.
Surely, without cutting services to beneficiaries, Safyer could cut what have
to be some of the Bronx's better non-Yankee salaries: his own, which was
$4,065,000, or those of his chief financial officer ($3,243,000), his executive
vice president ($2,220,000) or the head of his dental department ($1,798,000).
Shocked by her bill from
Stamford hospital and unable to pay it, Janice S. found a local woman on the
Internet who is part of a growing cottage industry of people who call
themselves medical-billing advocates. They help people read and understand
their bills and try to reduce them. "The hospitals all know the bills are
fiction, or at least only a place to start the discussion, so you bargain with
them," says Katalin Goencz, a former appeals coordinator in a hospital
billing department who negotiated Janice S.'s bills from a home office in Stamford.
Goencz is part of a
trade group called the Alliance of Claim Assistant Professionals, which has
about 40 members across the country. Another group, Medical Billing Advocates
of America, has about 50 members. Each advocate seems to handle 40 to 70 cases
a year for the uninsured and those disputing insurance claims. That would be
about 5,000 patients a year out of what must be tens of millions of Americans
facing these issues — which may help explain why 60% of the personal bankruptcy
filings each year are related to medical bills.
"I can pretty much
always get it down 30% to 50% simply by saying the patient is ready to pay but
will not pay $300 for a blood test or an X-ray," says Goencz. "They
hand out blood tests and X-rays in hospitals like bottled water, and they know
it."
After weeks of
back-and-forth phone calls, for which Goencz charged Janice S. $97 an hour,
Stamford Hospital cut its bill in half. Most of the doctors did about the same,
reducing Janice S.'s overall tab from $21,000 to about $11,000.
But the best the
ambulance company would offer Goencz was to let Janice S. pay off its $995 ride
in $25-a-month installments. "The ambulances never negotiate the
amount," says Goencz.
A manager at Stamford
Emergency Medical Services, which charged Janice S. $958 for the pickup plus
$9.38 per mile, says that "our rates are all set by the state on a
regional basis" and that the company is independently owned. That's at
odds with a trend toward consolidation that has seen several private-equity
firms making investments in what Wall Street analysts have identified as an
increasingly high-margin business. Overall, ambulance revenues were more than
$12 billion last year, or about 10% higher than Hollywood's box-office take.
It's not a great deal to pay off $1,000 for a
four-mile ambulance ride on the layaway plan or receive a 50% discount on a
$199.50 blood test that should cost $15, nor is getting half off on a $7,997.54
stress test that was probably all profit and may not have been necessary. But,
says Goencz, "I don't go over it line by line. I just go for a deal. The
patient usually is shocked by the bill, doesn't understand any of the language
and has bill collectors all over her by the time they call me. So they're
grateful. Why give them heartache by telling them they still paid too much for
some test or pill?"
The original version of this article stated that the total
annual amount of charity care provided by U.S. hospitals cost them less than
half of 1% of their annual revenue. In fact, the uncompensated care hospitals
provide, either through charity programs or because of patients failing to pay
their debts, amounts to approximately 5% of their total revenue for 2010.
A Slip, a Fall
And a $9,400 Bill
The billing advocates aren't always
successful. just ask Emilia Gilbert, a school-bus driver who got into a fight
with a hospital associated with Connecticut's most venerable nonprofit
institution, which racked up quick profits on multiple CT scans, then refused
to compromise at all on its chargemaster prices.
Gilbert, now 66, is still making weekly
payments on the bill she got in June 2008 after she slipped and fell on her
face one summer evening in the small yard behind her house in Fairfield, Conn.
Her nose bleeding heavily, she was taken to the emergency room at Bridgeport
Hospital.
Along with Greenwich
Hospital and the Hospital of St. Raphael in New Haven, Bridgeport Hospital is
now owned by the Yale New Haven Health System, which boasts a variety of
gleaming new facilities. Although Yale University and Yale New Haven are
separate entities, Yale–New Haven Hospital is the teaching hospital for the
Yale Medical School, and university representatives, including Yale president
Richard Levin, sit on the Yale New Haven Health System board.
"I was there for
maybe six hours, until midnight," Gilbert recalls, "and most of it
was spent waiting. I saw the resident for maybe 15 minutes, but I got a lot of
tests."
In fact, Gilbert got
three CT scans — of her head, her chest and her face. The last one showed a
hairline fracture of her nose. The CT bills alone were $6,538. (Medicare would
have paid about $825 for all three.) A doctor charged $261 to read the scans.
Gilbert got the same
troponin blood test that Janice S. got — the one Medicare pays $13.94 for and
for which Janice S. was billed $199.50 at Stamford. Gilbert got just one.
Bridgeport Hospital charged 20% more than its downstate neighbor: $239.
Also on the bill were
items that neither Medicare nor any insurance company would pay anything at all
for: basic instruments and bandages and even the tubing for an IV setup. Under
Medicare regulations and the terms of most insurance contracts, these are
supposed to be part of the hospital's facility charge, which in this case was
$908 for the emergency room.
Gilbert's total bill was
$9,418.
"We think the
chargemaster is totally fair," says William Gedge, senior vice president
of payer relations at Yale New Haven Health System. "It's fair because
everyone gets the same bill. Even Medicare gets exactly the same charges that
this patient got. Of course, we will have different arrangements for how
Medicare or an insurance company will not pay some of the charges or discount
the charges, but everyone starts from the same place." Asked how the
chargemaster charge for an item like the troponin test was calculated, Gedge
said he "didn't know exactly" but would try to find out. He
subsequently reported back that "it's an historical charge, which takes
into account all of our costs for running the hospital."
Bridgeport Hospital had
$420 million in revenue and an operating profit of $52 million in 2010, the
most recent year covered by its federal financial reports. CEO Robert Trefry,
who has since left his post, was listed as having been paid $1.8 million. The
CEO of the parent Yale New Haven Health System, Marna Borgstrom, was paid $2.5
million, which is 58% more than the $1.6 million paid to Levin, Yale
University's president.
"You really can't
compare the two jobs," says Yale–New Haven Hospital senior vice president
Vincent Petrini. "Comparing hospitals to universities is like apples and
oranges. Running a hospital organization is much more complicated."
Actually, the four-hospital chain and the university have about the same
operating budget. And it would seem that Levin deals with what most would
consider complicated challenges in overseeing 3,900 faculty members, corralling
(and complying with the terms of) hundreds of millions of dollars in government
research grants and presiding over a $19 billion endowment, not to mention
admitting and educating 14,000 students spread across Yale College and a
variety of graduate schools, professional schools and foreign-study outposts.
And surely Levin's responsibilities are as complicated as those of the CEO of
Yale New Haven Health's smallest unit — the 184-bed Greenwich Hospital, whose
CEO was paid $112,000 more than Levin.
"When I got the
bill, I almost had to go back to the hospital," Gilbert recalls. "I
was hyperventilating." Contributing to her shock was the fact that
although her employer supplied insurance from Cigna, one of the country's
leading health insurers, Gilbert's policy was from a Cigna subsidiary called
Starbridge that insures mostly low-wage earners. That made Gilbert one of
millions of Americans like Sean Recchi who are routinely categorized as having
health insurance but really don't have anything approaching meaningful
coverage.
Starbridge covered
Gilbert for just $2,500 per hospital visit, leaving her on the hook for about
$7,000 of a $9,400 bill. Under Connecticut's rules (states set their own
guidelines for Medicaid, the federal-state program for the poor), Gilbert's
$1,800 a month in earnings was too high for her to qualify for Medicaid
assistance. She was also turned down, she says, when she requested financial
assistance from the hospital. Yale New Haven's Gedge insists that she never
applied to the hospital for aid, and Gilbert could not supply me with copies of
any applications.
In September 2009, after
a series of fruitless letters and phone calls from its bill collectors to
Gilbert, the hospital sued her. Gilbert found a medical-billing advocate, Beth
Morgan, who analyzed the charges on the bill and compared them with the
discounted rates insurance companies would pay. During two court-required
mediation sessions, Bridgeport Hospital's attorney wouldn't budge; his client
wanted the bill paid in full, Gilbert and Morgan recall. At the third and final
mediation, Gilbert was offered a 20% discount off the chargemaster fees if she
would pay immediately, but she says she responded that according to what Morgan
told her about the bill, it was still too much to pay.
"We probably could have offered
more," Gedge acknowledges. "But in these situations, our
bill-collection attorneys only know the amount we are saying is owed, not
whether it is a chargemaster amount or an amount that is already
discounted."
On July 11, 2011, with
the school-bus driver representing herself in Bridgeport superior court, a
judge ruled that Gilbert had to pay all but about $500 of the original charges.
(He deducted the superfluous bills for the basic equipment.) The judge put her
on a payment schedule of $20 a week for six years. For her, the chargemaster
prices were all too real.
The One-Day,
$87,000 Outpatient Bill
Getting a patient in and out of a
hospital the same day seems like a logical way to cut costs. Outpatients don't
take up hospital rooms or require the expensive 24/7 observation and care that
come with them. That's why in the 1990s Medicare pushed payment formulas on
hospitals that paid them for whatever ailment they were treating (with more
added for documented complications), not according to the number of days the
patient spent in a bed. Insurance companies also pushed incentives on hospitals
to move patients out faster or not admit them for overnight stays in the first
place. Meanwhile, the introduction of procedures like noninvasive laparoscopic
surgery helped speed the shift from inpatient to outpatient.
By 2010, average days
spent in the hospital per patient had declined significantly, while outpatient
services had increased even more dramatically. However, the result was not the
savings that reformers had envisioned. It was just the opposite.
Experts estimate that
outpatient services are now packed with so much hidden profit that about
two-thirds of the $750 billion annual U.S. overspending identified by the
McKinsey research on health care comes in payments for outpatient services.
That includes work done by physicians, laboratories and clinics (including
diagnostic clinics for CT scans or blood tests) and same-day surgeries and
other hospital treatments like cancer chemotherapy. According to a McKinsey
survey, outpatient emergency-room care averages an operating profit margin of
15% and nonemergency outpatient care averages 35%. On the other hand, inpatient
care has a margin of just 2%. Put simply, inpatient care at nonprofit hospitals
is, in fact, almost nonprofit. Outpatient care is wildly profitable.
"An operating room
has fixed costs," explains one hospital economist. "You get 10% or
20% more patients in there every day who you don't have to board overnight, and
that goes straight to the bottom line."
The 2011 outpatient
visit of someone I'll call Steve H. to Mercy Hospital in Oklahoma City
illustrates those economics. Steve H. had the kind of relatively routine care
that patients might expect would be no big deal: he spent the day at Mercy
getting his aching back fixed.
A blue collar worker who
was in his 30s at the time and worked at a local retail store, Steve H. had
consulted a specialist at Mercy in the summer of 2011 and was told that a
stimulator would have to be surgically implanted in his back. The good news was
that with all the advances of modern technology, the whole process could be
done in a day. (The latest federal filing shows that 63% of surgeries at Mercy
were performed on outpatients.)
Steve H.'s doctor
intended to use a RestoreUltra neurostimulator manufactured by Medtronic, a
Minneapolis-based company with $16 billion in annual sales that bills itself as
the world's largest stand-alone medical-technology company. "RestoreUltra
delivers spinal-cord stimulation through one or more leads selected from a
broad portfolio for greater customization of therapy," Medtronic's website
promises.
I was not able to interview Steve H., but
according to Pat Palmer, a medical-billing specialist based in Salem, Va., who
consults for the union that provides Steve H.'s health insurance, Steve H.
didn't ask how much the stimulator would cost because he had $45,181 remaining
on the $60,000 annual payout limit his union-sponsored health-insurance plan
imposed. "He figured, How much could a day at Mercy cost?" Palmer
says. "Five thousand? Maybe 10?"
Steve H. was about to
run up against a seemingly irrelevant footnote in millions of Americans'
insurance policies: the limit, sometimes annual or sometimes over a lifetime,
on what the insurer has to pay out for a patient's claims. Under Obamacare,
those limits will not be allowed in most health-insurance policies after 2013.
That might help people like Steve H. but is also one of the reasons premiums
are going to skyrocket under Obamacare.
Steve H.'s bill for his
day at Mercy contained all the usual and customary overcharges. One item was
"MARKER SKIN REG TIP RULER" for $3. That's the marking pen,
presumably reusable, that marked the place on Steve H.'s back where the
incision was to go. Six lines down, there was "STRAP OR TABLE 8X27
IN" for $31. That's the strap used to hold Steve H. onto the operating
table. Just below that was "BLNKT WARM UPPER BDY 42268" for $32.
That's a blanket used to keep surgery patients warm. It is, of course,
reusable, and it's available new on eBay for $13. Four lines down there's
"GOWN SURG ULTRA XLG 95121" for $39, which is the gown the surgeon
wore. Thirty of them can be bought online for $180. Neither Medicare nor any
large insurance company would pay a hospital separately for those straps or the
surgeon's gown; that's all supposed to come with the facility fee paid to the
hospital, which in this case was $6,289.
In all, Steve H.'s bill
for these basic medical and surgical supplies was $7,882. On top of that was
$1,837 under a category called "Pharmacy General Classification" for
items like bacitracin ($108). But that was the least of Steve H.'s problems.
The big-ticket item for
Steve H.'s day at Mercy was the Medtronic stimulator, and that's where most of
Mercy's profit was collected during his brief visit. The bill for that was
$49,237.
According to the chief
financial officer of another hospital, the wholesale list price of the
Medtronic stimulator is "about $19,000." Because Mercy is part of a
major hospital chain, it might pay 5% to 15% less than that. Even assuming
Mercy paid $19,000, it would make more than $30,000 selling it to Steve H., a
profit margin of more than 150%. To the extent that I found any consistency
among hospital chargemaster practices, this is one of them: hospitals routinely
seem to charge 2½ times what these expensive implantable devices cost them,
which produces that 150% profit margin.
As Steve H. found out
when he got his bill, he had exceeded the $45,000 that was left on his
insurance policy's annual payout limit just with the neurostimulator. And his
total bill was $86,951. After his insurance paid that first $45,000, he still
owed more than $40,000, not counting doctors' bills. (I did not see Steve H.'s
doctors' bills.)
Mercy Hospital is owned
by an organization under the umbrella of the Catholic Church called Sisters of
Mercy. Its mission, as described in its latest filing with the IRS as a
tax-exempt charity, is "to carry out the healing ministry of Jesus by
promoting health and wellness." With a chain of 31 hospitals and 300
clinics across the Midwest, Sisters of Mercy uses a bill-collection firm based
in Topeka, Kans., called Berlin-Wheeler Inc. Suits against Mercy patients are
on file in courts across Oklahoma listing Berlin-Wheeler as the plaintiff.
According to its most recent tax return, the
Oklahoma City unit of the Sisters of Mercy hospital chain collected $337
million in revenue for the fiscal year ending June 30, 2011. It had an
operating profit of $34 million. And that was after paying 10 executives more
than $300,000 each, including $784,000 to a regional president and $438,000 to
the hospital president.
That report doesn't
cover the executives overseeing the chain, called Mercy Health, of which Mercy
in Oklahoma City is a part. The overall chain had $4.28 billion in revenue that
year. Its hospital in Springfield, Mo. (pop. 160,660), had $880.7 million in
revenue and an operating profit of $115 million, according to its federal
filing. The incomes of the parent company's executives appear on other IRS
filings covering various interlocking Mercy nonprofit corporate entities. Mercy
president and CEO Lynn Britton made $1,930,000, and an executive vice
president, Myra Aubuchon, was paid $3.7 million, according to the Mercy filing.
In all, seven Mercy Health executives were paid more than $1 million each.
A note at the end of an Ernst & Young
audit that is attached to Mercy's IRS filing reported that the chain provided
charity care worth 3.2% of its revenue in the previous year. However, the
auditors state that the value of that care is based on the charges on all the
bills, not the actual cost to Mercy of providing those services — in other
words, the chargemaster value. Assuming that Mercy's actual costs are a tenth
of these chargemaster values — they're probably less — all of this charity care
actually cost Mercy about three-tenths of 1% of its revenue, or about $13 million
out of $4.28 billion.
Mercy's website lists an
18-member media team; one member, Rachel Wright, told me that neither CEO
Britton nor anyone else would be available to answer questions about
compensation, the hospital's bill-collecting activities through Berlin-Wheeler
or Steve H.'s bill, which I had sent her (with his name and the date of his
visit to the hospital redacted to protect his privacy).
Wright said the
hospital's lawyers had decided that discussing Steve H.'s bill would violate
the federal HIPAA law protecting the privacy of patient medical records. I
pointed out that I wanted to ask questions only about the hospital's charges
for standard items — such as surgical gowns, basic blood tests, blanket warmers
and even medical devices — that had nothing to do with individual patients.
"Everything is particular to an individual patient's needs," she
replied. Even a surgical gown? "Yes, even a surgical gown. We cannot
discuss this with you. It's against the law." She declined to put me in
touch with the hospital's lawyers to discuss their legal analysis.
Hiding behind a privacy
statute to avoid talking about how it prices surgeons' gowns may be a stretch,
but Mercy might have a valid legal reason not to discuss what it paid for the
Medtronic device before selling it to Steve H. for $49,237. Pharmaceutical and
medical-device companies routinely insert clauses in their sales contracts
prohibiting hospitals from sharing information about what they pay and the
discounts they receive. In January 2012, a report by the federal Government
Accountability Office found that "the lack of price transparency and the
substantial variation in amounts hospitals pay for some IMD [implantable
medical devices] raise questions about whether hospitals are achieving the best
prices possible."
A lack of price
transparency was not the only potential market inefficiency the GAO found.
"Although physicians are not involved in price negotiations, they often
express strong preferences for certain manufacturers and models of IMD,"
the GAO reported. "To the extent that physicians in the same hospitals
have different preferences for IMDs, it may be difficult for the hospital to
obtain volume discounts from particular manufacturers."
"Doctors have no
incentive to buy one kind of hip or other implantable device as a group,"
explains Ezekiel Emanuel, an oncologist and a vice provost of the University of
Pennsylvania who was a key White House adviser when Obamacare was created.
"Even in the most innocent of circumstances, it kills the chance for
market efficiencies."
The circumstances are
not always innocent. In 2008, Gregory Demske, an assistant inspector general at
the Department of Health and Human Services, told a Senate committee that
"physicians routinely receive substantial compensation from medical-device
companies through stock options, royalty agreements, consulting agreements,
research grants and fellowships."
The assistant inspector
general then revealed startling numbers about the extent of those payments:
"We found that during the years 2002 through 2006, four manufacturers,
which controlled almost 75% of the hip- and knee-replacement market, paid
physician consultants over $800 million under the terms of roughly 6,500
consulting agreements."
Other doctors, Demske
noted, had stretched the conflict of interest beyond consulting fees:
"Additionally, physician ownership of medical-device manufacturers and
related businesses appears to be a growing trend in the medical-device sector
... In some cases, physicians could receive substantial returns while
contributing little to the venture beyond the ability to generate business for
the venture."
In 2010, Medtronic, along with several other
members of a medical-technology trade group, began to make the potential
conflicts transparent by posting all payments to physicians on a section of its
website called Physician Collaboration. The voluntary move came just before a
similar disclosure regulation promulgated by the Obama Administration went into
effect governing any doctor who receives funds from Medicare or the National
Institutes of Health (which would include most doctors). And the nonprofit
public-interest-journalism organization ProPublica has smartly organized data
on doctor payments on
its website
(http://projects.propublica.org/docdollars). The conflicts have not been eliminated, but
they are being aired, albeit on searchable websites rather than through a
requirement that doctors disclose them to patients directly.
But conflicts that may
encourage devices to be overprescribed or that lead doctors to prescribe a more
expensive one instead of another are not the core problem in this marketplace.
The more fundamental disconnect is that there is little reason to believe that
what Mercy Hospital paid Medtronic for Steve H.'s device would have had any
bearing on what the hospital decided to charge Steve H. Why would it? He did
not know the price in advance.
Besides, studies delving
into the economics of the medical marketplace consistently find that a
moderately higher or lower price doesn't change consumer purchasing decisions
much, if at all, because in health care there is little of the price
sensitivity found in conventional marketplaces, even on the rare occasion that
patients know the cost in advance. If you were in pain or in danger of dying,
would you turn down treatment at a price 5% or 20% higher than the price you
might have expected — that is, if you'd had any informed way to know what to
expect in the first place, which you didn't?
The question of how
sensitive patients will be to increased prices for medical devices recently
came up in a different context. Aware of the huge profits being accumulated by
devicemakers, Obama Administration officials decided to recapture some of the
money by imposing a 2.39% federal excise tax on the sales of these devices as
well as other medical technology such as CT-scan equipment. The rationale was
that getting back some of these generous profits was a fair way to cover some
of the cost of the subsidized, broader insurance coverage provided by Obamacare
— insurance that in some cases will pay for more of the devices. The industry
has since geared up in Washington and is pushing legislation that would repeal
the tax. Its main argument is that a 2.39% increase in prices would so reduce
sales that it would wipe out a substantial portion of what the industry claims
are the 422,000 jobs it supports in a $136 billion industry.
That prediction of doom
brought on by this small tax contradicts the reams of studies documenting
consumer price insensitivity in the health care marketplace. It also ignores
profit-margin data collected by McKinsey that demonstrates that devicemakers
have an open field in the current medical ecosystem. A 2011 McKinsey survey for
medical-industry clients reported that devicemakers are superstar performers in
a booming medical economy. Medtronic, which performed in the middle of the
group, delivered an amazing compounded annual return of 14.95% to shareholders
from 1990 to 2010. That means $100 invested in the company in 1990 was worth $1,622
20 years later. So if the extra 2.39% would be so disruptive to the market for
products like Medtronic's that it would kill sales, why would the industry pass
it along as a price increase to consumers? It hardly has to, given its profit
margins.
Medtronic spokeswoman
Donna Marquad says that for competitive reasons, her company will not discuss
sales figures or the profit on Steve H.'s neurostimulator. But Medtronic's
October 2012 quarterly SEC filing reported that its spine "products and
therapies," which presumably include Steve H.'s device, "continue to
gain broad surgeon acceptance" and that its cost to make all of its
products was 24.9% of what it sells them for.
That's an unusually high
gross profit margin — 75.1% — for a company that manufactures real physical
products. Apple also produces high-end, high-tech products, and its gross
margin is 40%. If the neurostimulator enjoys that company-wide profit margin,
it would mean that if Medtronic was paid $19,000 by Mercy Hospital, Medtronic's
cost was about $4,500 and it made a gross profit of about $14,500 before
expenses for sales, overhead and management — including CEO Omar Ishrak's
compensation, which was $25 million for the 2012 fiscal year.
Mercy's
Bargain
When Pat Palmer, the medical-billing
specialist who advises Steve H.'s union, was given the Mercy bill to deal with,
she prepared a tally of about $4,000 worth of line items that she thought
represented the most egregious charges, such as the surgical gown, the blanket
warmer and the marking pen. She restricted her list to those she thought were
plainly not allowable. "I didn't dispute nearly all of them," she
says. "Because then they get their backs up."
The hospital quickly
conceded those items. For the remaining $83,000, Palmer invoked a 40% discount
off chargemaster rates that Mercy allows for smaller insurance providers like
the union. That cut the bill to about $50,000, for which the insurance company
owed 80%, or about $40,000. That left Steve H. with a $10,000 bill.
Sean Recchi wasn't as
fortunate. His bill — which included not only the aggressively marked-up charge
of $13,702 for the Rituxan cancer drug but also the usual array of chargemaster
fees for basics like generic Tylenol, blood tests and simple supplies — had one
item not found on any other bill I examined: MD Anderson's charge of $7 each
for "ALCOHOL PREP PAD." This is a little square of cotton used to
apply alcohol to an injection. A box of 200 can be bought online for $1.91.
We have seen that to the
extent that most hospital administrators defend such chargemaster rates at all,
they maintain that they are just starting points for a negotiation. But
patients don't typically know they are in a negotiation when they enter the
hospital, nor do hospitals let them know that. And in any case, at MD Anderson,
the Recchis were made to pay every penny of the chargemaster bill up front
because their insurance was deemed inadequate. That left Penne, the hospital
spokeswoman, with only this defense for the most blatantly abusive charges for
items like the alcohol squares: "It is difficult to compare a retail store
charge for a common product with a cancer center that provides the item as part
of its highly specialized and personalized care," she wrote in an e-mail.
Yet the hospital also charges for that "specialized and personalized"
care through, among other items, its $1,791-a-day room charge.
Before MD Anderson
marked up Recchi's Rituxan to $13,702, the profit taking was equally
aggressive, and equally routine, at the beginning of the supply chain — at the
drug company. Rituxan is a prime product of Biogen Idec, a company with $5.5
billion in annual sales. Its CEO, George Scangos, was paid $11,331,441 in 2011,
a 20% boost over his 2010 income. Rituxan is made and sold by Biogen Idec in
partnership with Genentech, a South San Francisco–based biotechnology pioneer.
Genentech brags about
Rituxan on its website, as did Roche, Genentech's $45 billion parent, in its
latest annual report. And in an Investor Day presentation last September, Roche
CEO Severin Schwann stressed that his company is able to keep prices and
margins high because of its focus on "medically differentiated
therapies." Rituxan, a cancer wonder drug, certainly meets that test.
A spokesman at Genentech
for the Biogen Idec–Genentech partnership would not say what the drug cost the
companies to make, but according to its latest annual report, Biogen Idec's
cost of sales — the incremental expense of producing and shipping each of its
products compared with what it sells them for — was only 10%. That's lower than
the incremental cost of sales for most software companies, and the software
companies usually don't produce anything physical or have to pay to ship
anything.
This would mean that
Sean Recchi's dose of Rituxan cost the Biogen Idec–Genentech partnership as
little as $300 to make, test, package and ship to MD Anderson for $3,000 to
$3,500, whereupon the hospital sold it to Recchi for $13,702.
As 2013 began, Recchi
was being treated back in Ohio because he could not pay MD Anderson for more
than his initial treatment. As for the $13,702-a-dose Rituxan, it turns out
that Biogen Idec's partner Genentech has a charity-access program that Recchi's
Ohio doctor told him about that enabled him to get those treatments free.
"MD Anderson never said a word to us about the Genentech program,"
says Stephanie Recchi. "They just took our money up front."
Genentech spokeswoman
Charlotte Arnold would not disclose how much free Rituxan had been dispensed to
patients like Recchi in the past year, saying only that Genentech has
"donated $2.85 billion in free medicine to uninsured patients in the
U.S." since 1985. That seems like a lot until the numbers are broken down.
Arnold says the $2.85 billion is based on what the drugmaker sells the product
for, not what it costs Genentech to make. On the basis of Genentech's historic
costs and revenue since 1985, that would make the cost of these donations less
than 1% of Genentech's sales — not something likely to take the sizzle out of
CEO Severin's Investor Day.
Nonetheless, the company
provided more financial support than MD Anderson did to Recchi, whose wife
reports that he "is doing great. He's in remission."
Penne of MD Anderson
stressed that the hospital provides its own financial aid to patients but that
the state legislature restricts the assistance to Texas residents. She also
said MD Anderson "makes every attempt" to inform patients of
drug-company charity programs and that 50 of the hospital's 24,000 inpatients
and outpatients, one of whom was from outside Texas, received charitable aid
for Rituxan treatments in 2012.
The original version of
this article gave an incorrect 2011 profit figure for Mercy Hospital in
Springfield, Mo. It should have been $115 million, not $319 million.
3.
Catastrophic Illness — And the Bills to Match
When medical care becomes a matter of life
and death, the money demanded by the health care ecosystem reaches a wholly
different order of magnitude, churning out reams of bills to people who can't
focus on them, let alone pay them.
Soon after he was diagnosed with lung cancer
in January 2011, a patient whom I will call Steven D. and his wife Alice knew
that they were only buying time. The crushing question was, How much is time
really worth? As Alice, who makes about $40,000 a year running a child-care
center in her home, explained, "[Steven] kept saying he wanted every last
minute he could get, no matter what. But I had to be thinking about the cost
and how all this debt would leave me and my daughter."
By the time Steven D. died at his home in
Northern California the following November, he had lived for an additional 11
months. And Alice had collected bills totaling $902,452.
The family's first bill — for $348,000 — which
arrived when Steven got home from the Seton Medical Center in Daly City,
Calif., was full of all the usual chargemaster profit grabs: $18 each for 88
diabetes-test strips that Amazon sells in boxes of 50 for $27.85; $24 each for
19 niacin pills that are sold in drugstores for about a nickel apiece. There
were also four boxes of sterile gauze pads for $77 each. None of that was
considered part of what was provided in return for Seton's facility charge for
the intensive-care unit for two days at $13,225 a day, 12 days in the critical
unit at $7,315 a day and one day in a standard room (all of which totaled
$120,116 over 15 days). There was also $20,886 for CT scans and $24,251 for lab
work.
Alice responded to my question about the
obvious overcharges on the bill for items like the diabetes-test strips or the
gauze pads much as Mrs. Lincoln, according to the famous joke, might have had
she been asked what she thought of the play. "Are you kidding?" she
said. "I'm dealing with a husband who had just been told he has Stage IV
cancer. That's all I can focus on ... You think I looked at the items on the
bills? I just looked at the total."
Steven and Alice didn't
know that hospital billing people consider the chargemaster to be an opening
bid. That's because no medical bill ever says, "Give us your best
offer." The couple knew only that the bill said they had maxed out on the
$50,000 payout limit on a UnitedHealthcare policy they had bought through a
community college where Steven had briefly enrolled a year before. "We
were in shock," Alice recalls. "We looked at the total and couldn't
deal with it. So we just started putting all the bills in a box. We couldn't
bear to look at them."
The $50,000 that
UnitedHealthcare paid to Seton Medical Center was worth about $80,000 in credits
because any charges covered by the insurer were subject to the discount it had
negotiated with Seton. After that $80,000, Steven and Alice were on their own,
not eligible for any more discounts.
Four months into her husband's illness, Alice
by chance got the name of Patricia Stone, a billing advocate based in Menlo
Park, Calif. Stone's typical clients are middle-class people having trouble
with insurance claims. Stone felt so bad for Steven and Alice — she saw the
blizzard of bills Alice was going to have to sort through — that, says Alice,
she "gave us many of her hours," for which she usually charges $100,
"for free."
Stone was soon able to persuade Seton to write
off $297,000 of its $348,000 bill. Her argument was simple: There was no way
the D.'s could pay it now or in the future, though they would scrape together
$3,000 as a show of good faith. With the couple's $3,000 on top of the $50,000
paid by the UnitedHealthcare insurance, that $297,000 write-off amounted to an
85% discount.
According to its latest financial report,
Seton applies so many discounts and write-offs to its chargemaster bills that
it ends up with only about 18% of the revenue it bills for. That's an average
82% discount, compared with an average discount of about 65% that I saw at the
other hospitals whose bills were examined — except for the MD Anderson and
Sloan-Kettering cancer centers, which collect about 50% of their chargemaster
charges.
Seton's discounting practices may explain why
it is the only hospital whose bills I looked at that actually reported a small
operating loss — $5 million — on its last financial report.
Of course, had the D.'s
not come across Stone, the incomprehensible but terrifying bills would have
piled up in a box, and the Seton Medical Center bill collectors would not have
been kept at bay. Robert Issai, the CEO of the Daughters of Charity Health
System, which owns and runs Seton, refused through an e-mail from a public
relations assistant to respond to requests for a comment on any aspect of his
hospital's billing or collections policies. Nor would he respond to repeated
requests for a specific comment on the $24 charge for niacin pills, the $18
charge for the diabetes-test strips or the $77 charge for gauze pads. He also
declined to respond when asked, via a follow-up e-mail, if the hospital thinks
that sending patients who have just been told they are terminally ill bills
that reflect chargemaster rates that the hospital doesn't actually expect to be
paid might unduly upset them during a particularly sensitive time.
To begin to deal with all the other bills that
kept coming after Steven's first stay at Seton, Stone was also able to get him
into a special high-risk insurance pool set up by the state of California. It
helped but not much. The insurance premium was $1,000 a month, quite a burden
on a family whose income was maybe $3,500 a month. And it had an annual payout
limit of $75,000. The D.'s blew through that in about two months.
The bills kept piling up. Sequoia Hospital —
where Steven was an inpatient as well as an outpatient between the end of
January and November following his initial stay at Seton — weighed in with 28
bills, all at chargemaster prices, including invoices for $99,000, $61,000 and
$29,000. Doctor-run outpatient chemotherapy clinics wanted more than $85,000.
One outside lab wanted $11,900.
Stone organized these
and other bills into an elaborate spreadsheet — a ledger documenting how
catastrophic illness in America unleashes its own mini-GDP.
In July, Stone figured out
that Steven and Alice should qualify for Medicaid, which is called Medi-Cal in
California. But there was a catch: Medicaid is the joint federal-state program
directed at the poor that is often spoken of in the same breath as Medicare.
Although most of the current national debate on entitlements is focused on
Medicare, when Medicaid's subsidiary program called Children's Health
Insurance, or CHIP, is counted, Medicaid actually covers more people: 56.2
million compared with 50.2 million.
As Steven and Alice found out, Medicaid is
also more vulnerable to cuts and conditions that limit coverage, probably for
the same reason that most politicians and the press don't pay the same
attention to it that they do to Medicare: its constituents are the poor.
The major difference in the two programs is
that while Medicare's rules are pretty much uniform across state lines, the
states set the key rules for Medicaid because the state finances a big portion
of the claims. According to Stone, Steven and Alice immediately ran into one of
those rules. For people even with their modest income, the D.'s would have to
pay $3,000 a month in medical bills before Medi-Cal would kick in. That
amounted to most of Alice's monthly take-home pay.
Medi-Cal was even
willing to go back five months, to February, to cover the couple's mountain of
bills, but first they had to come up with $15,000. "We didn't have
anything close to that," recalls Alice.
Stone then convinced
Sequoia that if the hospital wanted to see any of the Medi-Cal money necessary
to pay its bills (albeit at the big discount Medi-Cal would take), it should
give Steven a "credit" for $15,000 — in other words, write it off.
Sequoia agreed to do that for most of the bills. This was clearly a maneuver
that Steven and Alice never could have navigated on their own.
Covering most of the Sequoia debt was a huge
relief, but there were still hundreds of thousands of dollars in bills left
unpaid as Steven approached his end in the fall of 2011. Meantime, the bills
kept coming.
"We started talking about the cost of the
chemo," Alice recalls. "It was a source of tension between us ...
Finally," she says, "the doctor told us that the next one scheduled
might prolong his life a month, but it would be really painful. So he gave up."
By the one-year
anniversary of Steven's death, late last year, Stone had made a slew of deals
with his doctors, clinics and other providers whose services Medi-Cal did not
cover. Some, like Seton, were generous. The home health care nurse ended up
working for free in the final days of Steven's life, which were over the
Thanksgiving weekend. "He was a saint," says Alice. "He said he
was doing it to become accredited, so he didn't charge us."
Others, including some
of the doctors, were more hard-nosed, insisting on full payment or offering
minimal discounts. Still others had long since sold the bills to professional
debt collectors, who, by definition, are bounty hunters. Alice and Stone were
still hoping Medi-Cal would end up covering some or most of the debt.
As 2012 closed, Alice
had paid out about $30,000 of her own money (including the $3,000 to Seton) and
still owed $142,000 — her losses from the fixed poker game that she was forced
to play in the worst of times with the worst of cards. She was still getting
letters and calls from bill collectors. "I think about the $142,000 all
the time. It just hangs over my head," she said in December.
One lesson she has
learned, she adds: "I'm never going to remarry. I can't risk the
liability."2
2. In early February, Alice told TIME that she had recently
eliminated "most of" the debt through proceeds from the sale of a
small farm in Oklahoma her husband had inherited and after further payments
from Medi-Cal and a small life-insurance policy
$132,303: The Lab-Test
Cash Machine
As 2012 began, a couple
I'll call Rebecca and Scott S., both in their 50s, seemed to have carved out a
comfortable semiretirement in a suburb near Dallas. Scott had successfully sold
his small industrial business and was working part time advising other
industrial companies. Rebecca was running a small marketing company.
On March 4, Scott started having trouble
breathing. By dinnertime he was gasping violently as Rebecca raced him to the
emergency room at the University of Texas Southwestern Medical Center. Both
Rebecca and her husband thought he was about to die, Rebecca recalls. It was
not the time to think about the bills that were going to change their lives if
Scott survived, and certainly not the time to imagine, much less worry about,
the piles of charges for daily routine lab tests that would be incurred by any
patient in the middle of a long hospital stay.
Scott was in the
hospital for 32 days before his pneumonia was brought under control.
Rebecca recalls that "on about the fourth
or fifth day, I was sitting around the hospital and bored, so I went down to
the business office just to check that they had all the insurance
information." She remembered that there was, she says, "some kind of
limit on it."
"Even by then, the
bill was over $80,000," she recalls. "I couldn't believe it."
The woman in the
business office matter-of-factly gave Rebecca more bad news: Her insurance
policy, from a company called Assurant Health, had an annual payout limit of
$200,000. Because of some prior claims Assurant had processed, the S.'s were
well on their way to exceeding the limit.
Just the room-and-board charge at Southwestern
was $2,293 a day. And that was before all the real charges were added. When
Scott checked out, his 161-page bill was $474,064. Scott and Rebecca were told
they owed $402,955 after the payment from their insurance policy was deducted.
The top billing categories were $73,376 for
Scott's room; $94,799 for "RESP SERVICES," which mostly meant
supplying Scott with oxygen and testing his breathing and included multiple
charges per day of $134 for supervising oxygen inhalation, for which Medicare
would have paid $17.94; and $108,663 for "SPECIAL DRUGS," which
included mostly not-so-special drugs such as "SODIUM CHLORIDE .9%."
That's a standard saline solution probably used intravenously in this case to
maintain Scott's water and salt levels. (It is also used to wet contact
lenses.) You can buy a liter of the hospital version (bagged for intravenous
use) online for $5.16. Scott was charged $84 to $134 for dozens of these saline
solutions.
Then there was the
$132,303 charge for "LABORATORY," which included hundreds of blood
and urine tests ranging from $30 to $333 each, for which Medicare either pays
nothing because it is part of the room fee or pays $7 to $30. Hospital
spokesman Russell Rian said that neither Daniel Podolsky, Texas Southwestern
Medical Center's $1,244,000-a-year president, nor any other executive would be
available to discuss billing practices. "The law does not allow us to talk
about how we bill," he explained.
Through a friend of a friend, Rebecca found
Patricia Palmer, the same billing advocate based in Salem, Va., who worked on
Steve H.'s bill in Oklahoma City. Palmer — whose firm, Medical Recovery
Services, now includes her two adult daughters — was a claims processor for
Blue Cross Blue Shield. She got into her current business after she was stunned
by the bill her local hospital sent after one of her daughters had to go to the
emergency room after an accident. She says it included items like the shade
attached to an examining lamp. She then began looking at bills for friends as
kind of a hobby before deciding to make it a business.
The best Palmer could do
was get Texas Southwestern Medical to provide a credit that still left Scott
and Rebecca owing $313,000.
Palmer claimed in a detailed appeal that there
were also overcharges totaling $113,000 — not because the prices were too high
but because the items she singled out should not have been charged for at all.
These included $5,890 for all of that saline solution and $65,600 for the
management of Scott's oxygen. These items are supposed to be part of the
hospital's general room-and-services charge, she argued, so they should not be
billed twice.
In fact, Palmer —
echoing a constant and convincing refrain I heard from billing advocates across
the country — alleged that the hospital triple-billed for some items used in
Scott's care in the intensive-care unit. "First they charge more than $2,000
a day for the ICU, because it's an ICU and it has all this special equipment
and personnel," she says. "Then they charge $1,000 for some kit used
in the ICU to give someone a transfusion or oxygen ... And then they charge $50
or $100 for each tool or bandage or whatever that there is in the kit. That's
triple billing."
Palmer and Rebecca are still fighting, but the
hospital insists that the S.'s owe the $313,000 balance. That doesn't include
what Rebecca says were "thousands" in doctors' bills and $70,000 owed
to a second hospital after Scott suffered a relapse.
The only offer the hospital has made so far is
to cut the bill to $200,000 if it is paid immediately, or for the full $313,000
to be paid in 24 monthly payments. "How am I supposed to write a check
right now for $200,000?" Rebecca asks. "I have boxes full of notices
from bill collectors ... We can't apply for charity, because we're kind of well
off in terms of assets," she adds. "We thought we were set, but now
we're pretty much on the edge."
Insurance That
Isn't
"People, especially
relatively wealthy people, always think they have good insurance until they see
they don't," says Palmer. "Most of my clients are middle- or
upper-middle-class people with insurance."
Scott and Rebecca bought
their plan from Assurant, which sells health insurance to small businesses that
will pay only for limited coverage for their employees or to individuals who
cannot get insurance through employers and are not eligible for Medicare or
Medicaid. Assurant also sold the Recchis their plan that paid only $2,000 a day
for Sean Recchi's treatment at MD Anderson.
Although the tight limits on what their
policies cover are clearly spelled out in Assurant's marketing materials and in
the policy documents themselves, it seems that for its customers the appeal of
having something called health insurance for a few hundred dollars a month is
far more compelling than comprehending the details. "Yes, we knew there
were some limits," says Rebecca. "But when you see the limits expressed
in the thousands of dollars, it looks O.K., I guess. Until you have an
event."
Millions of plans have
annual payout limits, though the more typical plans purchased by employers
usually set those limits at $500,000 or $750,000 — which can also quickly be
consumed by a catastrophic illness. For that reason, Obamacare prohibited lifetime
limits on any policies sold after the law passed and phases out all annual
dollar limits by 2014. That will protect people like Scott and Rebecca, but it
will also make everyone's premiums dramatically higher, because insurance
companies risk much more when there is no cap on their exposure.
But Obamacare does
little to attack the costs that overwhelmed Scott and Rebecca. There is
nothing, for example, that addresses what may be the most surprising sinkhole —
the seemingly routine blood, urine and other laboratory tests for which Scott
was charged $132,000, or more than $4,000 a day.
By my estimates, about $70 billion will be
spent in the U.S. on about 7 billion lab tests in 2013. That's about $223 a
person for 16 tests per person. Cutting the overordering and overpricing could
easily take $25 billion out of that bill.
Much of that overordering involves patients
like Scott S. who require prolonged hospital stays. Their tests become a
routine, daily cash generator. "When you're getting trained as a doctor,"
says a physician who was involved in framing health care policy early in the
Obama Administration, "you're taught to order what's called 'morning
labs.' Every day you have a variety of blood tests and other tests done, not
because it's necessary but because it gives you something to talk about with
the others when you go on rounds. It's like your version of a news hook ... I
bet 60% of the labs are not necessary."
The country's largest
lab tester is Quest Diagnostics, which reported revenues in 2012 of $7.4
billion. Quest's operating income in 2012 was $1.2 billion, about 16.2% of
sales.
But that's hardly the
spectacular profit margin we have seen in other sectors of the medical
marketplace. The reason is that the outside companies like Quest, which mostly
pick up specimens from doctors and clinics and deliver test results back to
them, are not where the big profits are. The real money is in health care
settings that cut out the middleman — the in-house venues, like the hospital
testing lab run by Southwestern Medical that billed Scott and Rebecca $132,000.
In-house labs account for about 60% of all testing revenue. Which means that
for hospitals, they are vital profit centers.
Labs are also increasingly being maintained by
doctors who, as they form group practices with other doctors in their field,
finance their own testing and diagnostic clinics. These labs account for a
rapidly growing share of the testing revenue, and their share is growing
rapidly.
These in-house labs have no selling costs, and
as pricing surveys repeatedly find, they can charge more because they have a
captive consumer base in the hospitals or group practices.
They also have an incentive to order more
tests because they're the ones profiting from the tests. The Wall
Street Journal reported last April that a study in the medical
journal Health Affairs had found that doctors' urology groups
with their own labs "bill the federal Medicare program for analyzing 72%
more prostate tissue samples per biopsy while detecting fewer cases of cancer
than counterparts who send specimens to outside labs."
If anything, the move
toward in-house testing, and with it the incentive to do more of it, is
accelerating the move by doctors to consolidate into practice groups. As one
Bronx urologist explains, "The economics of having your own lab are so
alluring." More important, hospitals are aligning with these practice
groups, in many cases even getting them to sign noncompete clauses requiring
that they steer all patients to the partner hospital. Some hospitals are buying
physicians' practices outright; 54% of physician practices were owned by
hospitals in 2012, according to a McKinsey survey, up from 22% 10 years before.
This is primarily a move to increase the hospitals' leverage in negotiating
with insurers. An expensive by-product is that it brings testing into the
hospitals' high-profit labs.
4. When
Taxpayers Pick Up the Tab
Whether it was Emilia Gilbert trying to
get out from under $9,418 in bills after her slip and fall or Alice D. vowing
never to marry again because of the $142,000 debt from her husband's losing
battle with cancer, we've seen how the medical marketplace misfires when
private parties get the bills.
When the taxpayers pick
up the tab, most of the dynamics of the marketplace shift dramatically.
In July 2011, an
88-year-old man whom I'll call Alan A. collapsed from a massive heart attack at
his home outside Philadelphia. He survived, after two weeks in the
intensive-care unit of the Virtua Marlton hospital. Virtua Marlton is part of a
four-hospital chain that, in its 2010 federal filing, reported paying its CEO
$3,073,000 and two other executives $1.4 million and $1.7 million from gross
revenue of $633.7 million and an operating profit of $91 million. Alan A. then
spent three weeks at a nearby convalescent-care center.
Medicare made quick work
of the $268,227 in bills from the two hospitals, paying just $43,320. Except
for $100 in incidental expenses, Alan A. paid nothing because 100% of inpatient
hospital care is covered by Medicare.
The ManorCare
convalescent center, which Alan A. says gave him "good care" in an
"O.K. but not luxurious room," got paid $11,982 by Medicare for his
three-week stay. That is about $571 a day for all the physical therapy, tests
and other services. As with all hospitals in nonemergency situations, ManorCare
does not have to accept Medicare patients and their discounted rates. But it
does accept them. In fact, it welcomes them and encourages doctors to refer
them.
Health care providers
may grouse about Medicare's fee schedules, but Medicare's payments must be
producing profits for ManorCare. It is part of a for-profit chain owned by
Carlyle Group, a blue-chip private-equity firm.
About a decade ago, Alan
A. was diagnosed with non-Hodgkin's lymphoma. He was 78, and his doctors in
southern New Jersey told him there was little they could do. Through a family
friend, he got an appointment with one of the lymphoma specialists at Sloan-Kettering.
That doctor told Alan A. he was willing to try a new chemotherapy regimen on
him. The doctor warned, however, that he hadn't ever tried the treatment on a
man of Alan A.'s age.
The treatment worked. A
decade later, Alan A. is still in remission. He now travels to Sloan-Kettering
every six weeks to be examined by the doctor who saved his life and to get a
transfusion of Flebogamma, a drug that bucks up his immune system.
With some minor
variations each time, Sloan-Kettering's typical bill for each visit is the same
as or similar to the $7,346 bill he received during the summer of 2011, which
included $340 for a session with the doctor.
Assuming eight visits
(but only four with the doctor), that makes the annual bill $57,408 a year to
keep Alan A. alive. His actual out-of-pocket cost for each session is a
fraction of that. For that $7,346 visit, it was about $50.
In some ways, the set of
transactions around Alan A.'s Sloan-Kettering care represent the best the
American medical marketplace has to offer. First, obviously, there's the fact
that he is alive after other doctors gave him up for dead. And then there's the
fact that Alan A., a retired chemist of average means, was able to get care
that might otherwise be reserved for the rich but was available to him because
he had the right insurance.
Medicare is the core of
that insurance, although Alan A. — as do 90% of those on Medicare — has a
supplemental-insurance policy that kicks in and generally pays 90% of the 20%
of costs for doctors and outpatient care that Medicare does not cover.
Here's how it all
computes for him using that summer 2011 bill as an example.
Not counting the doctor's separate $340 bill, Sloan-Kettering's
bill for the transfusion is about $7,006.
In addition to a few hundred
dollars in miscellaneous items, the two basic Sloan-Kettering charges are $414
per hour for five hours of nurse time for administering the Flebogamma and a
$4,615 charge for the Flebogamma.
According to Alan A.,
the nurse generally handles three or four patients at a time. That would mean
Sloan-Kettering is billing more than $1,200 an hour for that nurse. When I
asked Paul Nelson, Sloan-Kettering's director of financial planning, about the
$414-per-hour charge, he explained that 15% of these charges is meant to cover
overhead and indirect expenses, 20% is meant to be profit that will cover
discounts for Medicare or Medicaid patients, and 65% covers direct expenses.
That would still leave the nurse's time being valued at about $800 an hour (65%
of $1,200), again assuming that just three patients were billed for the same
hour at $414 each. Pressed on that, Nelson conceded that the profit is higher
and is meant to cover other hospital costs like research and capital equipment.
Whatever
Sloan-Kettering's calculations may be, Medicare — whose patients, including
Alan A., are about a third of all Sloan-Kettering patients — buys into none of
that math. Its cost-based pricing formulas yield a price of $302 for everything
other than the drug, including those hourly charges for the nurse and the
miscellaneous charges. Medicare pays 80% of that, or $241, leaving Alan A. and
his private insurance company together to pay about $60 more to
Sloan-Kettering. Alan A. pays $6, and his supplemental insurer, Aetna, pays $54.
Bottom line:
Sloan-Kettering gets paid $302 by Medicare for about $2,400 worth of its
chargemaster charges, and Alan A. ends up paying $6.
The original version of this article stated that the Assurant
Health insurance policy of Rebecca and Scott S. had an annual pay limit of
$100,000. It was $200,000.
The Cancer
Drug Profit Chain
It's with the bill for
the transfusion that the peculiar economics of American medicine take a
different turn, even when Medicare is involved. We have seen that even with big
discounts for insurance companies and bigger discounts for Medicare, the
chargemaster prices on everything from room and board to Tylenol to CT scans
are high enough to make hospital costs a leading cause of the $750 billion
Americans overspend each year on health care. We're now going to see how drug
pricing is a major contributor to the way Americans overpay for medical care.
By law, Medicare has to
pay hospitals 6% above what Congress calls the drug company's "average
sales price," which is supposedly the average price at which the drugmaker
sells the drug to hospitals and clinics. But Congress does not control what
drugmakers charge. The drug companies are free to set their own prices. This
seems fair in a free-market economy, but when the drug is a one-of-a-kind
lifesaving serum, the result is anything but fair.
Applying that formula of
average sales price plus the 6% premium, Medicare cuts Sloan-Kettering's $4,615
charge for Alan A.'s Flebogamma to $2,123. That's what the drugmaker tells
Medicare the average sales price is plus 6%. Medicare again pays 80% of that,
and Alan A. and his insurer split the other 20%, 10% for him and 90% for the
insurer, which makes Alan A.'s cost $42.50.
In practice, the average
sales price does not appear to be a real average. Two other hospitals I asked
reported that after taking into account rebates given by the drug company, they
paid an average of $1,650 for the same dose of Flebogamma, and neither hospital
had nearly the leverage in the cancer-care marketplace that Sloan-Kettering
does. One doctor at Sloan-Kettering guessed that it pays $1,400. "The drug
companies give the rebates so that the hospitals will make more on the drug and
therefore be encouraged to dispense it," the doctor explained. (A
spokesperson for Medicare would say only that the average sales price is based
"on manufacturers' data submitted to Medicare and is meant to include
rebates.")
Nelson, the
Sloan-Kettering head of financial planning, said the price his hospital pays
for Alan A.'s dose of Flebogamma is "somewhat higher" than $1,400,
but he wasn't specific, adding that "the difference between the cost and
the charge represents the cost of running our pharmacy — which includes
overhead cost — plus a markup." Even assuming Sloan-Kettering's real price
for Flebogamma is "somewhat higher" than $1,400, the hospital would
be making about 50% profit from Medicare's $2,123 payment. So even Medicare
contributes mightily to hospital profit — and drug-company profit — when it
buys drugs.
Flebogamma's
Profit Margin
The Spanish business at the beginning
of the Flebogamma supply chain does even better than Sloan-Kettering.
Made from human plasma,
Flebogamma is a sterilized solution that is intended to boost the immune
system. Sloan-Kettering buys it from either Baxter International in the U.S.
or, as is more likely in Alan A.'s case, a Barcelona-based company called
Grifols.
In its half-year 2012
shareholders report, Grifols featured a picture of the Flebogamma plasma serum
and its packaging — "produced at the Clayton facility, North
Carolina," according to the caption. Worldwide sales of all Grifols
products were reported as up 15.2%, to $1.62 billion, in the first half of
2012. In the U.S. and Canada, sales were up 20.5%. "Growth in the sales
... of the main plasma derivatives" was highlighted in the report, as was
the fact that "the cost per liter of plasma has fallen." (Grifols
operates 150 donation centers across the U.S. where it pays plasma donors $25
apiece.)
Grifols spokesman
Christopher Healey would not discuss what it cost Grifols to produce and ship
Alan A.'s dose, but he did say that the company's average cost to produce its
bioscience products, Flebogamma included, was approximately 55% of what it
sells them for. However, a doctor familiar with the economics of cancer-care
drugs said that plasma products typically have some of the industry's higher
profit margins. He estimated that the Flebogamma dose for Alan A. — which
Sloan-Kettering bought from Grifols for $1,400 or $1,500 and sold to Medicare
for $2,135 — "can't cost them more than $200 or $300 to collect, process,
test and ship."
In Spain, as in the rest
of the developed world, Grifols' profit margins on sales are much lower than
they are in the U.S., where it can charge much higher prices. Aware of the
leverage that drug companies — especially those with unique lifesaving products
— have on the market, most developed countries regulate what drugmakers can
charge, limiting them to certain profit margins. In fact, the drugmakers'
securities filings repeatedly warn investors of tighter price controls that
could threaten their high margins — though not in the U.S.
The difference between
the regulatory environment in the U.S. and the environment abroad is so
dramatic that McKinsey & Co. researchers reported that overall
prescription-drug prices in the U.S. are "50% higher for comparable
products" than in other developed countries. Yet those regulated profit
margins outside the U.S. remain high enough that Grifols, Baxter and other drug
companies still aggressively sell their products there. For example, 37% of
Grifols' sales come from outside North America.
More than $280 billion
will be spent this year on prescription drugs in the U.S. If we paid what other
countries did for the same products, we would save about $94 billion a year.
The pharmaceutical industry's common explanation for the price difference is that
U.S. profits subsidize the research and development of trailblazing drugs that
are developed in the U.S. and then marketed around the world. Apart from the
question of whether a country with a health-care-spending crisis should
subsidize the rest of the developed world — not to mention the question of who
signed Americans up for that mission — there's the fact that the companies'
math doesn't add up.
According to securities
filings of major drug companies, their R&D expenses are generally 15% to
20% of gross revenue. In fact, Grifols spent only 5% on R&D for the first
nine months of 2012. Neither 5% nor 20% is enough to have cut deeply into the
pharmaceutical companies' stellar bottom-line net profits. This is not gross profit,
which counts only the cost of producing the drug, but the profit after those
R&D expenses are taken into account. Grifols made a 32.3% net operating
profit after all its R&D expenses — as well as sales, management and other
expenses — were tallied. In other words, even counting all the R&D across
the entire company, including research for drugs that did not pan out, Grifols
made healthy profits. All the numbers tell one consistent story: Regulating
drug prices the way other countries do would save tens of billions of dollars while
still offering profit margins that would keep encouraging the pharmaceutical
companies' quest for the next great drug.
Handcuffs On
Medicare
Our laws do more than prevent the
government from restraining prices for drugs the way other countries do. Federal
law also restricts the biggest single buyer — Medicare — from even trying to
negotiate drug prices. As a perpetual gift to the pharmaceutical companies (and
an acceptance of their argument that completely unrestrained prices and profit
are necessary to fund the risk taking of research and development), Congress
has continually prohibited the Centers for Medicare and Medicaid Services (CMS)
of the Department of Health and Human Services from negotiating prices with
drugmakers. Instead, Medicare simply has to determine that average sales price
and add 6% to it.
Similarly, when Congress
passed Part D of Medicare in 2003, giving seniors coverage for prescription
drugs, Congress prohibited Medicare from negotiating.
Nor can Medicare get
involved in deciding that a drug may be a waste of money. In medical circles,
this is known as the comparative-effectiveness debate, which nearly derailed
the entire Obamacare effort in 2009.
Doctors and other health
care reformers behind the comparative-effectiveness movement make a simple
argument: Suppose that after exhaustive research, cancer drug A, which costs
$300 a dose, is found to be just as effective as or more effective than drug B,
which costs $3,000. Shouldn't the person or entity paying the bill, e.g. Medicare,
be able to decide that it will pay for drug A but not drug B? Not according to
a law passed by Congress in 2003 that requires Medicare to reimburse patients
(again, at average sales price plus 6%) for any cancer drug approved for use by
the Food and Drug Administration. Most states require insurance companies to do
the same thing.
Peter Bach, an
epidemiologist at Sloan-Kettering who has also advised several health-policy
organizations, reported in a 2009 New England Journal of Medicine article
that Medicare's spending on the category dominated by cancer drugs ballooned
from $3 billion in 1997 to $11 billion in 2004. Bach says costs have continued
to increase rapidly and must now be more than $20 billion.
With that escalating
bill in mind, Bach was among the policy experts pushing for provisions in
Obamacare to establish a Patient-Centered Outcomes Research Institute to expand
comparative-effectiveness research efforts. Through painstaking research,
doctors would try to determine the comparative effectiveness not only of drugs
but also of procedures like CT scans.
However, after all the
provisions spelling out elaborate research and review processes were embedded
in the draft law, Congress jumped in and added eight provisions that restrict
how the research can be used. The prime restriction: Findings shall "not
be construed as mandates for practice guidelines, coverage recommendations,
payment, or policy recommendations."
With those 14 words, the
work of Bach and his colleagues was undone. And costs remain unchecked.
"Medicare could see
the research and say, Ah, this drug works better and costs the same or is even
cheaper," says Gunn, Sloan-Kettering's chief operating officer. "But
they are not allowed to do anything about it."
Along with another doomed
provision that would have allowed Medicare to pay a fee for doctors' time spent
counseling terminal patients on end-of-life care (but not on euthanasia), the
Obama Administration's push for comparative effectiveness is what brought
opponents' cries that the bill was creating "death panels."
Washington bureaucrats would now be dictating which drugs were worth giving to
which patients and even which patients deserved to live or die, the critics
charged.
The loudest voice
sounding the death-panel alarm belonged to Betsy McCaughey, former New York
State lieutenant governor and a conservative health-policy advocate. McCaughey,
who now runs a foundation called the Committee to Reduce Infection Deaths, is
still fiercely opposed to Medicare's making comparative-effectiveness
decisions. "There is comparative-effectiveness research being done in the
medical journals all the time, which is fine," she says. "But it
should be used by doctors to make decisions — not by the Obama bureaucrats at
Medicare to make decisions for doctors."
Bach, the
Sloan-Kettering doctor and policy wonk, has become so frustrated with the
rising cost of the drugs he uses that he and some colleagues recently took
matters into their own hands. They reported in an October op-ed in the New York Times that
they had decided on their own that they were no longer going to dispense a
colorectal-cancer drug called Zaltrap, which cost an average of $11,063 per
month for treatment. All the research shows, they wrote, that a drug called
Avastin, which cost $5,000 a month, is just as effective. They were taking this
stand, they added, because "the typical new cancer drug coming on the
market a decade ago cost about $4,500 per month (in 2012 dollars); since 2010,
the median price has been around $10,000. Two of the new cancer drugs cost more
than $35,000 each per month of treatment. The burden of this cost is borne,
increasingly, by patients themselves — and the effects can be
devastating."
The CEO of Sanofi, the
company that makes Zaltrap, initially dismissed the article by Bach and his
Sloan-Kettering colleagues, saying they had taken the price of the drug out of
context because of variations in the required dosage. But four weeks later,
Sanofi cut its price in half.
Bureaucrats
You Can Admire
By the numbers, Medicare looks like a
government program run amok. After President Lyndon B. Johnson signed Medicare
into law in 1965, the House Ways and Means Committee predicted that the program
would cost $12 billion in 1990. Its actual cost by then was $110 billion. It is
likely to be nearly $600 billion this year. That's due to the U.S.'s aging
population and the popular program's expansion to cover more services, as well
as the skyrocketing costs of medical services generally. It's also because
Medicare's hands are tied when it comes to negotiating the prices for drugs or
durable medical equipment. But Medicare's growth is not a matter of those
"bureaucrats" that Betsy McCaughey complains about having gone off
the rails in how they operate it.
In fact, seeing the way
Alan A.'s bills from Sloan-Kettering were vetted and processed is one of the
more eye-opening and least discouraging aspects of a look inside the world of
medical economics.
The process is fast,
accurate, customer-friendly and impressively high-tech. And it's all done
quietly by a team of nonpolitical civil servants in close partnership with the
private sector. In fact, despite calls to privatize Medicare by creating a
voucher system under which the Medicare population would get money from the
government to buy insurance from private companies, the current Medicare system
is staffed with more people employed by private contractors (8,500) than
government workers (700).
$1.5 Billion A
Day
Sloan-Kettering sends Alan A.'s bills
to medicare electronically, all elaborately coded according to Medicare's
rules.
There are two basic
kinds of codes for the services billed. The first is a number identifying which
of the 7,000 procedures were performed by a doctor, such as examining a chest
X-ray, performing a heart transplant or conducting an office consultation for a
new patient (which costs more than a consultation with a continuing patient —
coded differently — because it typically takes more time). If a patient
presents more complicated challenges, then these basic procedures will be coded
differently; for example, there are two varieties of emergency-room
consultations. Adjustments are also made for variations in the cost of living
where the doctor works and for other factors, like whether doctors used their
own office (they'll get paid more for that) or the hospital. A panel of doctors
set up by the American Medical Association reviews the codes annually and
recommends updates to Medicare. The process can get messy as the doctors fight
over which procedures in which specialties take more time and expertise or are
worth relatively more. Medicare typically accepts most of the panel's
recommendations.
The second kind of code
is used to pay the hospital for its services. Again, there are thousands of
codes based on whether the person checked in for brain surgery, an appendectomy
or a fainting spell. To come up with these numbers, Medicare takes the cost
reports — including allocations for everything from overhead to nursing staff
to operating-room equipment — that hospitals across the country are required to
file for each type of service and pays an amount equal to the composite average
costs.
The hospital has little
incentive to overstate its costs because it's against the law and because each
hospital gets paid not on the basis of its own claimed costs but on the basis
of the average of every hospital's costs, with adjustments made for regional
cost differences and other local factors. Except for emergency services, no
hospital has to accept Medicare patients and these prices, but they all do.
Similar codes are
calculated for laboratory and diagnostic tests like CT scans, ambulance
services and, as we saw with Alan A.'s bill, drugs dispensed.
"When I tell my
friends what I do here, it sounds boring, but it's exciting," says Diane
Kovach, who works at Medicare's Maryland campus and whose title is deputy
director of the provider billing group. "We are implementing a program
that helps millions and millions of people, and we're doing it in a way that
makes every one of us proud," she adds.
Kovach, who has been at
Medicare for 21 years, operates some of the gears of a machine that reviews the
more than 3 million bills that come into Medicare every day, figures out the
right payments for each and churns out more than $1.5 billion a day in wire
transfers.
The part of that process
that Kovach and three colleagues, with whom I spent a morning recently, are
responsible for involves overseeing the writing and vetting of thousands of
instructions for coders, who are also private contractors, employed by HP,
General Dynamics and other major technology companies. The codes they write are
supposed to ensure that Medicare pays what it is supposed to pay and catches
anything in a bill that should not be paid.
For example, hundreds of
instructions for code changes were needed to address Obamacare's requirement
that certain preventive-care visits, such as those for colonoscopies or
contraceptive services, no longer be subject to Medicare's usual outpatient
co-pay of 20%. Adding to the complexity, the benefit is limited to one visit
per year for some services, meaning instructions had to be written to track
patient timelines for the codes assigned to those services.
When performing
correctly, the codes produce "edits" whenever a bill is submitted
with something awry on it — if a doctor submits two preventive-care
colonoscopies for the same patient in the same year, for example. Depending on
the code, an edit will result in the bill's being sent back with questions or
being rejected with an explanation. It all typically happens without a human
being reading it. "Our goal at the first stage is that no one has to touch
the bill," says Leslie Trazzi, who focuses on instructions and edits for
doctors' claims.
Alan A.'s bills from
Sloan-Kettering are wired to a data center in Shelbyville, Ky., run by a
private company (owned by WellPoint, the insurance company that operates under
the Blue Cross and Blue Shield names in more than a dozen states) that has the
contract to process claims originating from New York and Connecticut. Medicare
is paying the company about $323 million over five years — which, as with the
fees of other contractors serving other regions, works out to an average of 84¢
per claim.
In Shelbyville, Alan
A.'s status as a beneficiary is verified, and then the bill is sent
electronically to a data center in Columbia, S.C., operated by another
contractor, also a subsidiary of an insurance company. There, the codes are
checked for edits, after which Alan A.'s Sloan-Kettering bill goes
electronically to a data center in Denver, where the payment instructions are
prepared and entered into what Karen Jackson, who supervises Medicare's outside
contractors, says is the largest accounting ledger in the world. The whole
process takes three days — and that long only because the data is sent in
batches.
There are multiple
backups to make sure this ruthlessly efficient system isn't just ruthless.
Medicare keeps track of and publicly reports the percentage of bills processed
"clean" — i.e., with no rejected items — within 30 days. Even the
speed with which the contractors answer the widely publicized consumer phone
lines is monitored and reported. The average time to answer a call from a
doctor or other provider is 57.6 seconds, according to Medicare's records, and
the average time to answer one of the millions of calls from patients is 2
minutes 41 seconds, down from more than eight minutes in 2007. These times
might come as a surprise to people who have tried to call a private insurer.
That monitoring process is, in turn, backstopped by a separate ombudsman's
office, which has regional and national layers.
Beyond that, the members
of the House of Representatives and the Senate loom as an additional 535
ombudsmen. "We get calls every day from congressional offices about
complaints that a beneficiary's claim has been denied," says Jonathan
Blum, the deputy administrator of CMS. As a result, Blum's agency has an
unusually large congressional liaison staff of 52, most of whom act as
caseworkers trying to resolve these complaints.
All the
customer-friendliness adds up to only about 10% of initial Medicare claims'
being denied, according to Medicare's latest published Composite
Benchmark Metric Report. Of those initial Medicare denials, only about 20%
(2% of total claims) result in complaints or appeals, and the decisions in only
about half of those (or 1% of the total) end up being reversed, with the claim
being paid.
The astonishing
efficiency, of course, raises the question of whether Medicare is simply
funneling money out the door as fast as it can. Some fraud is inevitable — even
a rate of 0.1% is enough to make headlines when $600 billion is being spent.
It's also possible that people can game the system without committing outright
fraud. But Medicare has multiple layers of protection against fraud that the
insurance companies don't and perhaps can't match because they lack Medicare's
scale.
According to Medicare's
Jackson, the contractors are "vigorously monitored for all kinds of
metrics" and required every quarter "to do a lot of data analysis and
submit review plans and error-rate-reduction plans."
And then there are the
RACs — a wholly separate group of private "recovery audit
contractors." Established by Congress during the George W. Bush
Administration, the RACs, says one hospital administrator, "drive the
doctors and the hospitals and even the Medicare claims processors crazy."
The RACs' only job is to review provider bills after they have been paid by Medicare
claims processors and look for system errors, like faulty processing, or errors
in the bills as reflected in doctor or hospital medical records that the RACs
have the authority to audit.
The RACs have an
incentive that any champion of the private sector would love. They get no
up-front fees but instead are paid a percentage of the money they retrieve.
They eat what they kill. According to Medicare spokeswoman Emma Sandoe, the RAC
bounty hunters retrieved $797 million in the 2011 fiscal year, for which they
were paid 9% to 12.5% of what they brought in, depending on the region where
they were operating.
This process can
"get quite anal," says the doctor who recently treated me for an ear
infection. Although my doctor is on Park Avenue, she, like 96% of all
specialists, accepts Medicare patients despite the discounted rates it pays,
because, she says, "they pay quickly." However, she recalls getting
bills from Medicare for 21¢ or 85¢ for supposed overpayments.
The DHHS's inspector
general is also on the prowl to protect the Medicare checkbook. It reported
recovering $1.2 billion last year through Medicare and Medicaid audits and
investigations (though the recovered funds had probably been doled out over
several fiscal years). The inspector general's work is supplemented by a
separate, multiagency federal health-care-fraud task force, which brings
criminal charges against fraudsters and issues regular press releases claiming
billions more in recoveries.
This does not mean the
system is airtight. If anything, all that recovery activity suggests
fallibility, even as it suggests more buttoned-up operations than those run by
private insurers, whose payment systems are notoriously erratic.
Too Much
Health Care?
In a review of other bills of those
enrolled in Medicare, a pattern of deep, deep discounting of chargemaster
charges emerged that mirrored how Alan A.'s bills were shrunk down to reality.
A $121,414 Stanford Hospital bill for a 90-year-old California woman who fell
and broke her wrist became $16,949. A $51,445 bill for the three days an ailing
91-year-old spent getting tests and being sedated in the hospital before dying
of old age became $19,242. Before Medicare went to work, the bill was
chock-full of creative chargemaster charges from the California Pacific Medical
Center — part of Sutter Health, a dominant nonprofit Northern California chain
whose CEO made $5,241,305 in 2011.
Another pattern emerged
from a look at these bills: some seniors apparently visit doctors almost weekly
or even daily, for all varieties of ailments. Sure, as patients age they are
increasingly in need of medical care. But at least some of the time, the fact
that they pay almost nothing to spend their days in doctors' offices must also
be a factor, especially if they have the supplemental insurance that covers
most of the 20% not covered by Medicare.
Alan A. is now 89, and
the mound of bills and Medicare statements he showed me for 2011 — when he had
his heart attack and continued his treatments at Sloan-Kettering — seemed to
add up to about $350,000, although I could not tell for sure because a few of
the smaller ones may have been duplicates. What is certain — because his
insurance company tallied it for him in a year-end statement — was that his
total out-of-pocket expense was $1,139, or less than 0.2% of his overall
medical bills. Those bills included what seemed to be 33 visits in one year to
11 doctors who had nothing to do with his recovery from the heart attack or his
cancer. In all cases, he was routinely asked to pay almost nothing: $2.20 for a
check of a sinus problem, $1.70 for an eye exam, 33¢ to deal with a bunion.
When he showed me those bills he chuckled.
A comfortable member of
the middle class, Alan A. could easily afford the burden of higher co-pays that
would encourage him to use doctors less casually or would at least stick
taxpayers with less of the bill if he wants to get that bunion treated. AARP (formerly
the American Association of Retired Persons) and other liberal entitlement
lobbies oppose these types of changes and consistently distort the arithmetic
around them. But it seems clear that Medicare could save billions of dollars if
it required that no Medicare supplemental-insurance plan for people with
certain income or asset levels could result in their paying less than, say, 10%
of a doctor's bill until they had paid $2,000 or $3,000 out of their pockets in
total bills in a year. (The AARP might oppose this idea for another reason: it
gets royalties from UnitedHealthcare for endorsing United's
supplemental-insurance product.)
Medicare spent more than $6.5 billion last year to pay doctors
(even at the discounted Medicare rates) for the service codes that denote the
most basic categories of office visits. By asking people like Alan A. to pay
more than a negligible share, Medicare could recoup $1 billion to $2 billion of
those costs yearly.
Too Much
Doctoring?
Another doctor's bill, for which Alan
A.'s share was 19¢, suggests a second apparent flaw in the system. This was one
of 50 bills from 26 doctors who saw Alan A. at Virtua Marlton hospital or at
the ManorCare convalescent center after his heart attack or read one of his
diagnostic tests at the two facilities. "They paraded in once a day or
once every other day, looked at me and poked around a bit and left," Alan
A. recalls. Other than the doctor in charge of his heart-attack recovery,
"I had no idea who they were until I got these bills. But for a dollar or
two, so what?"
The "so what,"
of course, is that although Medicare deeply discounted the bills, it — meaning
taxpayers — still paid from $7.48 (for a chest X-ray reading) to $164 for each
encounter.
"One of the
benefits attending physicians get from many hospitals is the opportunity to
cruise the halls and go into a Medicare patient's room and rack up a few
dollars," says a doctor who has worked at several hospitals across the
country. "In some places it's a Monday-morning tradition. You go see the
people who came in over the weekend. There's always an ostensible reason, but
there's also a lot of abuse."
When health care wonks
focus on this kind of overdoctoring, they complain (and write endless essays)
about what they call the fee-for-service mode, meaning that doctors mostly get
paid for the time they spend treating patients or ordering and reading tests.
Alan A. didn't care how much time his cancer or heart doctor spent with him or
how many tests he got. He cared only that he got better.
Some private care
organizations have made progress in avoiding this overdoctoring by paying
salaries to their physicians and giving them incentives based on patient
outcomes. Medicare and private insurers have yet to find a way to do that with
doctors, nor are they likely to, given the current structure that involves
hundreds of thousands of private providers billing them for their services.
In passing Obamacare,
Congress enabled Medicare to drive efficiencies in hospital care based on the
notion that good care should be rewarded and the opposite penalized. The
primary lever is a system of penalties Obamacare imposes on hospitals for bad
care — a term defined as unacceptable rates of adverse events, such as
infections or injuries during a patient's hospital stay or readmissions within
a month after discharge. Both kinds of adverse events are more common than you
might think: 1 in 5 Medicare patients is readmitted within 30 days, for
example. One Medicare report asserts that "Medicare spent an estimated
$4.4 billion in 2009 to care for patients who had been harmed in the hospital,
and readmissions cost Medicare another $26 billion." The anticipated
savings that will be produced by the threat of these new penalties are what has
allowed the Obama Administration to claim that Obamacare can cut hundreds of
billions of dollars from Medicare over the next 10 years without shortchanging
beneficiaries. "These payment penalties are sending a shock through the
system that will drive costs down," says Blum, the deputy administrator of
the Centers for Medicare and Medicaid Services.
There are lots of other
shocks Blum and his colleagues would like to send. However, Congress won't
allow him to. Chief among them, as we have seen, would be allowing Medicare,
the world's largest buyer of prescription drugs, to negotiate the prices that
it pays for them and to make purchasing decisions on the basis of comparative
effectiveness. But there's also the cane that Alan A. got after his heart
attack. Medicare paid $21.97 for it. Alan A. could have bought it on Amazon for
about $12. Other than in a few pilot regions that Congress designated in 2011
after a push by the Obama Administration, Congress has not allowed Medicare to
drive down the price of any so-called durable medical equipment through
competitive bidding.
This is more than a
matter of the 124,000 canes Medicare reports that it buys every year. It's
about mail-order diabetic supplies, wheelchairs, home medical beds and personal
oxygen supplies too. Medicare spends about $15 billion annually for these
goods.
In the areas of the
country where Medicare has been allowed by Congress to conduct a
competitive-bidding pilot program, the process has produced savings of 40%. But
so far, the pilot programs cover only about 3% of the medical goods seniors
typically use. Taking the program nationwide and saving 40% of the entire $15
billion would mean saving $6 billion a year for taxpayers.
The Way Out Of
the Sinkhole
"I was driving through central Florida a
year or two ago," says Medicare's Blum. "And it seemed like every
billboard I saw advertised some hospital with these big shiny buildings or
showed some new wing of a hospital being constructed ... So when you tell me
that the hospitals say they are losing money on Medicare and shifting costs
from Medicare patients to other patients, my reaction is that Central Florida
is overflowing with Medicare patients and all those hospitals are expanding and
advertising for Medicare patients. So you can't tell me they're losing money ...
Hospitals don't lose money when they serve Medicare patients."
If that's the case, I
asked, why not just extend the program to everyone and pay for it all by
charging people under 65 the kinds of premiums they would pay to private
insurance companies? "That's not for me to say," Blum replied.
In the debate over
controlling Medicare costs, politicians from both parties continue to suggest
that Congress raise the age of eligibility for Medicare from 65 to 67. Doing
so, they argue, would save the government tens of billions of dollars a year.
So it's worth noting another detail about the case of Janice S., which we
examined earlier. Had she felt those chest pains and gone to the Stamford
Hospital emergency room a month later, she would have been on Medicare, because
she would have just celebrated her 65th birthday.
If covered by Medicare,
Janice S.'s $21,000 bill would have been deeply discounted and, as is standard,
Medicare would have picked up 80% of the reduced cost. The bottom line is that
Janice S. would probably have ended up paying $500 to $600 for her 20% share of
her heart-attack scare. And she would have paid only a fraction of that — maybe
$100 — if, like most Medicare beneficiaries, she had paid for supplemental
insurance to cover most of that 20%.
In fact, those numbers
would seem to argue for lowering the Medicare age, not raising it — and not
just from Janice S.'s standpoint but also from the taxpayers' side of the
equation. That's not a liberal argument for protecting entitlements while the
deficit balloons. It's just a matter of hardheaded arithmetic.
As currently
constituted, Obamacare is going to require people like Janice S. to get private
insurance coverage and will subsidize those who can't afford it. But the cost
of that private insurance — and therefore those subsidies — will be much higher
than if the same people were enrolled in Medicare at an earlier age. That's
because Medicare buys health care services at much lower rates than any
insurance company. Thus the best way both to lower the deficit and to help save
money for people like Janice S. would seem to be to bring her and other near
seniors into the Medicare system before they reach 65. They could be required
to pay premiums based on their incomes, with the poor paying low premiums and
the better off paying what they might have paid a private insurer. Those who
can afford it might also be required to pay a higher proportion of their bills
— say, 25% or 30% — rather than the 20% they're now required to pay for
outpatient bills.
Meanwhile, adding
younger people like Janice S. would lower the overall cost per beneficiary to
Medicare and help cut its deficit still more, because younger members are
likelier to be healthier.
From Janice S.'s
standpoint, whatever premium she would pay for this age-64 Medicare protection
would still be less than what she had been paying under the COBRA plan that she
wished she could have kept after the rules dictated that she be cut off after
she lost her job.
The only way this would
not work is if 64-year-olds started using health care services they didn't
need. They might be tempted to, because, as we saw with Alan A., Medicare's
protection is so broad and supplemental private insurance costs so little that
it all but eliminates patients' obligation to pay the 20% of outpatient-care
costs that Medicare doesn't cover. To deal with that, a provision could be
added requiring that 64-year-olds taking advantage of Medicare could not buy
insurance freeing them from more than, say, 5% or 10% of their responsibility
for the bills, with the percentage set according to their wealth. It would be a
similar, though more stringent, provision of the kind I've already suggested
for current Medicare beneficiaries as a way to cut the cost of people overusing
benefits.
If that logic applies to
64-year-olds, then it would seem to apply even more readily to healthier
40-year-olds or 18-year-olds. This is the single-payer approach favored by
liberals and used by most developed countries.
Then again, however much
hospitals might survive or struggle under that scenario, no doctor could hope
for anything approaching the income he or she deserves (and that will make
future doctors want to practice) if 100% of their patients yielded anything
close to the low rates Medicare pays.
"If you could
figure out a way to pay doctors better and separately fund research ...
adequately, I could see where a single-payer approach would be the most logical
solution," says Gunn, Sloan-Kettering's chief operating officer. "It
would certainly be a lot more efficient than hospitals like ours having
hundreds of people sitting around filling out dozens of different kinds of
bills for dozens of insurance companies." Maybe, but the prospect of
overhauling our system this way, displacing all the private insurers and other
infrastructure after all these decades, isn't likely. For there would be one
group of losers — and these losers have lots of clout. They're the health care
providers like hospitals and CT-scan-equipment makers whose profits — embedded
in the bills we have examined — would be sacrificed. They would suffer because
of the lower prices Medicare would pay them when the patient is 64, compared
with what they are able to charge when that patient is either covered by
private insurance or has no insurance at all.
That kind of systemic
overhaul not only seems unrealistic but is also packed with all kinds of risk
related to the microproblems of execution and the macro issue of giving
government all that power.
Yet while Medicare may
not be a realistic systemwide model for reform, the way Medicare works does
demonstrate, by comparison, how the overall health care market doesn't work.
Unless you are protected
by Medicare, the health care market is not a market at all. It's a crapshoot. People
fare differently according to circumstances they can neither control nor
predict. They may have no insurance. They may have insurance, but their
employer chooses their insurance plan and it may have a payout limit or not
cover a drug or treatment they need. They may or may not be old enough to be on
Medicare or, given the different standards of the 50 states, be poor enough to
be on Medicaid. If they're not protected by Medicare or they're protected only
partly by private insurance with high co-pays, they have little visibility into
pricing, let alone control of it. They have little choice of hospitals or the
services they are billed for, even if they somehow know the prices before they
get billed for the services. They have no idea what their bills mean, and those
who maintain the chargemasters couldn't explain them if they wanted to. How
much of the bills they end up paying may depend on the generosity of the
hospital or on whether they happen to get the help of a billing advocate. They
have no choice of the drugs that they have to buy or the lab tests or CT scans
that they have to get, and they would not know what to do if they did have a
choice. They are powerless buyers in a seller's market where the only sure
thing is the profit of the sellers.
Indeed, the only player
in the system that seems to have to balance countervailing interests the way
market players in a real market usually do is Medicare. It has to answer to
Congress and the taxpayers for wasting money, and it has to answer to portions
of the same groups for trying to hold on to money it shouldn't. Hospitals, drug
companies and other suppliers, even the insurance companies, don't have those
worries.
Moreover, the only
players in the private sector who seem to operate efficiently are the private
contractors working — dare I say it? — under the government's supervision.
They're the Medicare claims processors that handle claims like Alan A.'s for
84¢ each. With these and all other Medicare costs added together, Medicare's
total management, administrative and processing expenses are about $3.8 billion
for processing more than a billion claims a year worth $550 billion. That's an
overall administrative and management cost of about two-thirds of 1% of the
amount of the claims, or less than $3.80 per claim. According to its latest SEC
filing, Aetna spent $6.9 billion on operating expenses (including claims
processing, accounting, sales and executive management) in 2012. That's about
$30 for each of the 229 million claims Aetna processed, and it amounts to about
29% of the $23.7 billion Aetna pays out in claims.
The real issue isn't
whether we have a single payer or multiple payers. It's whether whoever pays
has a fair chance in a fair market. Congress has given Medicare that power when
it comes to dealing with hospitals and doctors, and we have seen how that works
to drive down the prices Medicare pays, just as we've seen what happens when
Congress handcuffs Medicare when it comes to evaluating and buying drugs,
medical devices and equipment. Stripping away what is now the sellers'
overwhelming leverage in dealing with Medicare in those areas and with private
payers in all aspects of the market would inject fairness into the market. We
don't have to scrap our system and aren't likely to. But we can reduce the $750
billion that we overspend on health care in the U.S. in part by acknowledging
what other countries have: because the health care market deals in a
life-or-death product, it cannot be left to its own devices.
Put simply, the bills
tell us that this is not about interfering in a free market. It's about facing
the reality that our largest consumer product by far — one-fifth of our economy
— does not operate in a free market.
So how can we fix it?
Changing Our
Choices
We should tighten
antitrust laws related to hospitals to keep them from becoming so dominant in a
region that insurance companies are helpless in negotiating prices with them.
The hospitals' continuing consolidation of both lab work and doctors' practices
is one reason that trying to cut the deficit by simply lowering the fees
Medicare and Medicaid pay to hospitals will not work. It will only cause the
hospitals to shift the costs to non-Medicare patients in order to maintain
profits — which they will be able to do because of their increasing leverage in
their markets over insurers. Insurance premiums will therefore go up — which in
turn will drive the deficit back up, because the subsidies on insurance
premiums that Obamacare will soon offer to those who cannot afford them will
have to go up.
Similarly, we should tax
hospital profits at 75% and have a tax surcharge on all nondoctor hospital
salaries that exceed, say, $750,000. Why are high profits at hospitals regarded
as a given that we have to work around? Why shouldn't those who are profiting
the most from a market whose costs are victimizing everyone else chip in to
help? If we recouped 75% of all hospital profits (from nonprofit as well as
for-profit institutions), that would save over $80 billion a year before
counting what we would save on tests that hospitals might not perform if their
profit incentives were shaved.
To be sure, this too
seems unlikely to happen. Hospitals may be the most politically powerful
institution in any congressional district. They're usually admired as their
community's most important charitable institution, and their influential
stakeholders run the gamut from equipment makers to drug companies to doctors
to thousands of rank-and-file employees. Then again, if every community paid
more attention to those administrator salaries, to those nonprofits' profit
margins and to charges like $77 for gauze pads, perhaps the political balance
would shift.
We should outlaw the
chargemaster. Everyone involved, except a patient who gets a bill based on one
(or worse, gets sued on the basis of one), shrugs off chargemasters as a
fiction. So why not require that they be rewritten to reflect a process that
considers actual and thoroughly transparent costs? After all, hospitals are
supposed to be government-sanctioned institutions accountable to the public.
Hospitals love the chargemaster because it gives them a big number to put in
front of rich uninsured patients (typically from outside the U.S.) or, as is
more likely, to attach to lawsuits or give to bill collectors, establishing a
place from which they can negotiate settlements. It's also a great place from
which to start negotiations with insurance companies, which also love the
chargemaster because they can then make their customers feel good when they get
an Explanation of Benefits that shows the terrific discounts their insurance
company won for them.
But for patients, the
chargemasters are both the real and the metaphoric essence of the broken
market. They are anything but irrelevant. They're the source of the poison
coursing through the health care ecosystem.
We should amend patent
laws so that makers of wonder drugs would be limited in how they can exploit
the monopoly our patent laws give them. Or we could simply set price limits or
profit-margin caps on these drugs. Why are the drug profit margins treated as
another given that we have to work around to get out of the $750 billion annual
overspend, rather than a problem to be solved?
Just bringing these
overall profits down to those of the software industry would save billions of
dollars. Reducing drugmakers' prices to what they get in other developed
countries would save over $90 billion a year. It could save Medicare — meaning
the taxpayers — more than $25 billion a year, or $250 billion over 10 years.
Depending on whether that $250 billion is compared with the Republican or
Democratic deficit-cutting proposals, that's a third or a half of the Medicare
cuts now being talked about.
Similarly, we should
tighten what Medicare pays for CT or MRI tests a lot more and even cap what
insurance companies can pay for them. This is a huge contributor to our massive
overspending on outpatient costs. And we should cap profits on lab tests done
in-house by hospitals or doctors.
Finally, we should
embarrass Democrats into stopping their fight against medical-malpractice
reform and instead provide safe-harbor defenses for doctors so they don't have
to order a CT scan whenever, as one hospital administrator put it, someone in
the emergency room says the word head. Trial lawyers who make their bread and
butter from civil suits have been the Democrats' biggest financial backer for
decades. Republicans are right when they argue that tort reform is overdue.
Eliminating the rationale or excuse for all the extra doctor exams, lab tests
and use of CT scans and MRIs could cut tens of billions of dollars a year while
drastically cutting what hospitals and doctors spend on malpractice insurance
and pass along to patients.
Other options are more
tongue in cheek, though they illustrate the absurdity of the hole we have
fallen into. We could limit administrator salaries at hospitals to five or six
times what the lowest-paid licensed physician gets for caring for patients
there. That might take care of the self-fulfilling peer dynamic that Gunn of
Sloan-Kettering cited when he explained, "We all use the same compensation
consultants." Then again, it might unleash a wave of salary increases for
junior doctors.
Or we could require drug
companies to include a prominent, plain-English notice of the gross profit
margin on the packaging of each drug, as well as the salary of the parent
company's CEO. The same would have to be posted on the company's website. If
nothing else, it would be a good test of embarrassment thresholds.
None of these
suggestions will come as a revelation to the policy experts who put together
Obamacare or to those before them who pushed health care reform for decades.
They know what the core problem is — lopsided pricing and outsize profits in a
market that doesn't work. Yet there is little in Obamacare that addresses that
core issue or jeopardizes the paydays of those thriving in that marketplace. In
fact, by bringing so many new customers into that market by mandating that they
get health insurance and then providing taxpayer support to pay their insurance
premiums, Obamacare enriches them. That, of course, is why the bill was able to
get through Congress.
Obamacare does some good
work around the edges of the core problem. It restricts abusive hospital-bill
collecting. It forces insurers to provide explanations of their policies in
plain English. It requires a more rigorous appeal process conducted by
independent entities when insurance coverage is denied. These are all positive
changes, as is putting the insurance umbrella over tens of millions more
Americans — a historic breakthrough. But none of it is a path to bending the
health care cost curve. Indeed, while Obamacare's promotion of statewide
insurance exchanges may help distribute health-insurance policies to
individuals now frozen out of the market, those exchanges could raise costs,
not lower them. With hospitals consolidating by buying doctors' practices and
competing hospitals, their leverage over insurance companies is increasing.
That's a trend that will only be accelerated if there are more insurance
companies with less market share competing in a new exchange market trying to
negotiate with a dominant hospital and its doctors. Similarly, higher insurance
premiums — much of them paid by taxpayers through Obamacare's subsidies for
those who can't afford insurance but now must buy it — will certainly be the
result of three of Obamacare's best provisions: the prohibitions on exclusions
for pre-existing conditions, the restrictions on co-pays for preventive care
and the end of annual or lifetime payout caps.
Put simply, with
Obamacare we've changed the rules related to who pays for what, but we haven't
done much to change the prices we pay.
When you follow the
money, you see the choices we've made, knowingly or unknowingly.
Over the past few
decades, we've enriched the labs, drug companies, medical device makers,
hospital administrators and purveyors of CT scans, MRIs, canes and wheelchairs.
Meanwhile, we've squeezed the doctors who don't own their own clinics, don't
work as drug or device consultants or don't otherwise game a system that is so
gameable. And of course, we've squeezed everyone outside the system who gets
stuck with the bills.
We've created a secure,
prosperous island in an economy that is suffering under the weight of the
riches those on the island extract.
And we've allowed those
on the island and their lobbyists and allies to control the debate, diverting
us from what Gerard Anderson, a health care economist at the Johns Hopkins
Bloomberg School of Public Health, says is the obvious and only issue:
"All the prices are too damn high."