Posts categorized "CMS"

July 02, 2009

2010 MPFS: CMS proposes 21.5% physician pay cut (yes, really)

Let's go down the rabbit hole with the federales. 

Remember the Sustainable Growth Rate, that congressional hedge against inflation of health care costs, specifically payments under the Medicare Physician Fee Schedule?  Well, the CY 2010 MPFS went on display yesterday, and is due to be published in a couple weeks.  As written, the rule would (among other things) fully implement the SGR by cutting physician payments 21.5% (see the press release).  That's because Congress has overridden every other cut mandated by the law since 2002, yet has not taken the time to rethink it -- even though it called for a review in 2005's DRA, and MedPAC obliged in 2007.  To cut to the chase, MedPAC recommended that Congress either (a) come up with another cockamamie formula or (b) repeal the SGR and develop incentives for providers to provide higher quality care at lower cost.  Yes, they've done a fine job so far . . . .

So, we all know that Congress will step in before the rule takes effect January 1, 2010; perhaps it will be in a systematic way this time, however, with a real replacement for the SGR wrapped into a broader health care reform bill.  The Tri-Committee bill in the House (see sec. 1121, p. 181) is the only leading bill that addresses this issue head-on, as far as I know (please let me know if I'm missing something), though it does not include a radical enough reformation and seems to fall in line with MedPAC recommendation (a).

As the WSJ Health Blog notes, another part of the crazy logic at work in the draft rule is a CMS proposal to carve out reimbursement for physician-administered drugs ($87.5B over ten years, per the CBO) from that which is subject to the SGR.  That would help with the narrow issue of how-many-percentage-points-of-the-SGR-can pass through the eye of a needle, but obviously doesn't address the fundamental systems issue.  (I'll take (b) for $2.4 trillion, Alex.)

There's plenty of other goodies in this draft rule -- especially around imaging -- but the big across-the-board cuts certainly deserve the headline.  For example:

  • Capital reimbursement for physician-office diagnostic equipment was originally calculated by CMS based on the assumption of a 50% utilization rate.  Since the actual utilization rates are much higher, that assumption is now being formally thrown out the window.
  • Under MIPPA, imaging providers will be subject to new accreditation requirements as of January 2012; accreditation organizations are identified in the rule, and additional controls will be forthcoming in separate rulemaking.
  • Finally, more measures are being added to the PQRI set, and automatic EHR-to-CMS reporting is being explored (as is the case with hospital RHQDAPU reporting), as pay-for-reporting (in lieu of meaningful pay-for-performance) continues at the Federal level.

Bottom line: This is a complicated set of issues, but it is only one of many that Congress and the President hope to have all wrapped up neatly by November.  Perhaps a post-SGR approach to physician payment will help build the coalition necessary for meaningful systemic reform.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

June 02, 2009

Grand Rounds Vol. 5, No. 37: The June Is Bustin' Out All Over Edition

June is bustin' out all over . . . .  Lord knows my nose knows it, thanks to all the pollen in the air these days.  Check out the classic movie rendition of this set piece (well worth the eight-minute investment), let your coffee and/or antihistamines kick in, and then let's dive into the past week's medblogging, loosely categorized into insights of patient bloggers, provider bloggers, bloggers I've met in real life (the number keeps growing), bloggers following the money trail through the health care thicket, and bloggers who are or should be dancing and/or shirtless (watch the whole movie clip . . . on second thought, let's leave it at dancing).

  

Last time I hosted Grand Rounds, we delved into the origins of Valentine's Day, so even though we're a couple weeks shy of the vernal equinox, since June is bustin' out all over, the historian in me feels the need to touch on an ur-Spring nugget or two before we get going.  Where do these celebrations of Spring come from?

Attis was a Phrygian god, whose annual death and resurrection were mourned and celebrated at a Spring festival.  (On the other hand, the death and rebirth of the Sumerian Tammuz was a summer solstice thing rather than a vernal equinox thing.)  James Fraser, in The Golden Bough, wrote:

The annual death and revival of vegetation is a conception which readily presents itself to men in every stage of savagery and civilisation: and the vastness of the scale on which this ever-recurring decay and regeneration takes place, together with man's most intimate dependence on it for subsistence, combine to render it the most impressive annual occurrence in nature, at least within the temperate zones. It is no wonder that a phenomenon so important, so striking, and so universal should, by suggesting similar ideas, have given rise to similar rites in many lands.

What I best remember from The Golden Bough, though, is the tale of the king-for-a-year, who ascends the throne as a result of a cultic regicide, and ends his term the same way.  Great stuff.

For further reading linking The Golden Bough, The Holy Grail, Wagner's Parsifal, and T.S. Eliot's The Waste Land, check out Derrick Everett's article on The Waste Land.

I'm not certain that Rogers and Hammerstein had these themes in mind when writing Carousel.  Heck, who knows what they had in mind; they threw in a happy ending that wasn't in their source material (but hey, that's show business).  You, dear reader, certainly didn't have these themes in mind when you tuned in to today's edition of Grand Rounds.  Nevertheless, on with today's show.

Provider Bloggers

At Musings of a Distractible Mind, Dr. Rob discusses Atul Gawande's recent New Yorker piece on health care cost variations across the country (a good read, well worth the time), which focuses on McAllen, TX, a small border town that consumes far more than the average annual per capita amount of health care services.  Gawande loops in the Dartmouth Health Atlas folks, asks the hard questions about physician-owned facilities and financial incentives, and concludes that outfits like Geisinger, Intermountain, Kaiser Permanente and Mayo -- not-for-profit integrated delivery systems with salaried docs -- have the model we should strive to emulate systemwide.  Dr. Rob recounts his own experience with physician-owned facilities.  His conclusion is a folksy twist on Gawande's:

How do we fix it?  There are lots of good answers, and lots of dumb ones as well.  The bottom line is the bottom line, though.  How you pay docs will determine what happens.  It’s America, after all.  It’s what makes us great.  Right?

Right.  The thing is, guys, we've known this for at least forty years.

ACP Hospitalist reports on Sid Wolfe's new Public Citizen campaign to get hospitals to step up reporting of physician wrongdoing.  Bob Wachter, at Wachter's World, delves deeper into the problem, and says:

I’m proud to say that over the past five years, my hospital (UCSF Medical Center) has taken Leape’s challenge to heart, withdrawing clinical privileges (and filing accompanying NPDB reports) in several cases for behavior that, I’m quite confident, would have been tolerated a decade ago. This is progress. As Kissinger once said, “weakness is provocative.” As more hospitals take this tougher stance, I think we’ll see the boundaries of acceptable behavior shift everywhere. And patients will be safer for it.

Bongi, at other things amanzi, recalls a suboptimal experience in his training, when the "see one, do one, teach one" approach was reduced to "read an article about one, do one immediately afterwards."

At Providentia, Romeo Vitelli looks at the historical precursors to Jenny McCarthy and the current crop of anti-vaccinationists. 

Ken Cohn, a physician and consultant
(who I know in real life [IRL]), recounts a (positive) experience in asking health care administrators to consider ethics in physician-hospital relationships.

I take a baby aspirin a day, and Doc Gurley says I should keep on doing so, because I'm better off puking up blood than having a heart attack.

Seizures and how they have been misunderstood (epilepsy vs. demonic possession) is the subject of this week's selection from Mind, Soul and Body.

Suddenly becoming a first responder at 35,000 feet? On Your Meds' Barbara Olson takes you there.  (The blog is part of Medscape, so free registration is required).

NurseAusmed recounts difficulties in handling patient communications and managing patient expectations at Nursing Handover.

How to Cope With Pain takes a page from a book offering guidance to those who have lost their spiritual way and turns the advice to use for those facing physical, rather than spiritual, pain.

Web 2.0 meets the health care establishment, and KevinMD [IRL] observes that since health care is largely a business, this should not be surprising.  For a window into social media use by health care provider organizations, check out healthsocmed.

The anonymous author of Notes of an Anesthesoboist says it's hard for women doctors to make friends . . . perhaps they should introduce themselves as drug pushers instead?

John Crippen wants to, but the NHS Blog Doctor just can't look away from the kids pushed onto TV talent shows by 21st century stage mothers.

Paul Levy [IRL] goes another round with SEIU Local 1199 at Running a Hospital.

At UDM Solutions, David Siwicki provides a clinical perspective on deciding whether to prescribe opioids for chronic pain patients who use marijuana.

Nancy Brown offers sound advice on talking to teens about alcohol at Healthline's Teen Health 411.

Follow the Money

DrRich, at the Covert Rationing Blog, always follows the money, and this week the trail leads to the following unlikely destination: the American College of Surgeons encouraging malpractice suits -- against overseas surgeons offering services to medical tourists.

Big Pharma also always follows the money, and David Williams, at the Health Business Blog, remains perplexed over Pharma's failure to engage with the public via twitter.  (GSK has already responded to David's post, but in a way that doesn't exactly undercut his point.)  For a window into Pharma's engagement with social media, look no further than Shwen Gwee, who organized the Social Pharmer unconference in conjunction with the HealthCamp Boston unconference I co-organized in late April.  Speaking of social media, feel free to follow me on twitter: @healthblawg.  

Last week, I took a look at the proposed Medicare Inpatient Prospective Payment System (IPPS) updates for FFY 2010.  Among other things in the rule (including payments cut to the bone), I was surprised to see tucked away in there a tacit acknowledgement that the whole "no pay for never events" thing isn't really saving anybody that much money.

Lots of hospitals are touting new private rooms these days.  Seems to help patient care (lower infection rates, better sleep, more privacy), but despite the benefits, Jeffrey Seguritan at nuts for healthcare observes that the private room is being pushed by the AIA, and wonders whether health care dollars really ought to be spent these days on capital projects such as these.  (My brief response: these days, they really aren't, given the tight financial markets).

In a medblogosphere first, The Happy Hospitalist has publicly described an entry in the $10 million X Prize competition:

How do you [reduce health care costs dramatically]?  Here's my theory.  You can do more to affect health care costs by getting 10,000 people to change their lifestyle habits than you can by getting a few hundred docs to change how they document and collect data and prescribe some pills.

So here's what you do.  You bribe the public.  People are inherently lazy, but they respond well to piles of money.

For a fuller introduction to the X Prize competition: Scott Shreve [IRL] posted his twitterview on the X Prize with Bertalan Mesko (@berci) at Crossover Health Learn more about it there.

The big HITECH Act pot of money that everyone in health IT is itching to get their hands on is going to have some strings attached: chief among them are going to be definitions of "meaningful use" and "certified EHR."  Them that are likely to be certifying -- CCHIT -- have been the target of some possibly well-deserved pot-shots, and the gloves have come off.  See Gilles Frydman's [almost met IRL at the Health 2.0 conference in Boston a month or so ago] framing of the debate at e-patients.net and John Moore's [IRL] take at Chilmark Research.  

Health technology research and development yielded two bits of news this week: FDA approval of a handheld ultrasound unit, via Vijay Sadasivam's scan man's notes, and Ves Dimov's post at Clinical Cases and Images on the Rovio - a WiFi-enabled mobile webcam, which may be more attractive to medical users given the recent study that found patient satisfaction, physician satisfaction and diagnostic agreement (measured both between face-to-face and virtual vists, and between two face-to-face visits) to be similar for face-to-face and virtual visits.  (Yesterday's Boston Globe took a closer look at this study, virtual visits in general, and American Well in particular.)    

The health IT crowd is working on interoperability and portability of health information.  Google Health is one of the platforms that may enable folks to reach this holy grail.  Brian Dolan at mobihealthnews says that Google Wave, an open-source tool for communication and collaboration, looks like a killer tool for enabling Google Health to do more in terms of provider-provider and patient-provider collaboration.

Evan Falchuk's observation at See First on prevention: it ain't cheap; treatment of preventable disease is more expensive than the savings from avoided disease and complications, so we need to be talking about more than cost-effectiveness.  [Supposed to meet IRL soon.]

Patient Bloggers

For some reason, diabetics are very well-represented among Grand Rounds' usual suspects.  This week, they're turning into media critics as well, following President Obama's nomination of Sonia Sotomayor to the Supremes.  Amy Tenderich [who I also almost met IRL at Health 2.0] touched on the media frenzy regarding the nominee's Type 1 diabetes at The Diabetes Mine, as did Six Until Me's Kerri Morrone Sparling.  Not to leave Type 2 diabetes unattended, Rachel Baumgartel offers tips for the newly diagnosed Type 2 diabetic at Diabetes Daily.  (For those who care to immerse themselves in The Politics of the Sotomayor Nomination, the good folks at SCOTUSblog say come on in, the water is fine.)  For a taste of the difficulties faced by some diabetics traveling through airports with needles and curious liquids, head on over to Tim Brown's post at Shoot Up or Put Up

At Getting Closer to Myself, Leslie offers her reflections as a twentysomething with auto-immune disease, specifically a feeling of how she can't go home again to an idealized summer retreat.

Barbara Kivowitz describes a good day at In Sickness and In Health, and invites all of us to do the same.

Bloggers Who Are or Should Be Dancing

Val Jones [IRL] is pretty pleased with her high-deductible health plan (HDHP) - cash-only PCP combo.  I hope her husband is dancing after the office procedure scheduled on a dime last weekend . . . and I hope Dr. Val has all the releases for those photos stashed away somewhere.  It's a good solution for those with no chronic conditions, young kids, or other sources of regular interactions with the medical-industrial complex.  And no less a luminary than Clay Christensen says we're 5-6 years away from the tipping point (to mix metaphors) on HSA/HDHP combos, at which time we're likely to see a significant change in the economics of healthcare (with or without significant movement in DC).  For one example of where this may play out, see my recent post on retail health clinics.

No dancing for you if you're susceptible to one of the side effects of Cipro and its relatives (fluoroquinolones): tendon rupture.  There's a black-box warning regarding this, but many clinicians and patients are unaware, says Paul Auerbach at Healthline's Medicine for the Outdoors.

InsureBlog's Bob Vineyard shares good news for Cuba's pre-op transsexual population: coverage is here.  Surely cause for someone (patients, if not bloggers) to dance.

Well, that's the last dance . . . for this week.  See you around the medblogosphere, and next week at the next edition of Grand Rounds

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

May 24, 2009

FY 2010 IPPS: Federales sucker punch the hospital industry

CMS published the FY 2010 IPPS (hospital inpatient prospective payment system) rule and rates on Friday May 22.  I'll offer just some highlights of the 608-page monstrosity here, focusing on the short-term acute care portion; the long term acute care hospital (LTACH) rates are in here, too.

First and foremost: Acute care hospitals will enjoy just a 0.2% increase in DRG payments for the year beginning October 1, 2009.  The rule provides for a 2.1% adjustment for all hospitals reporting RHQPAPU measures (which is virtually everyone); 0.5% if not reporting.  The sucker punch: a 1.9% negative adjustment to adjust for the shift to the severity-adjusted MS-DRG system in FY 2008-09 and the concomitant attention to reporting, which the federales say resulted in higher reimbursements without a change in acuity.  There is a total 8.5% negative adjustment to be made which CMS is deferring so as not to whack the industry excessively just now.  Congress has come to the rescue once, reducing the cuts and deferring the day of reckoning, but that day has now come.  It remains to be seen whether Congress will seek to defeat or defer these cuts again (and again)
a la the SGR.  Comments are invited; the AHA and others are already steamed.

One bright spot: orthopedic MS-DRG codes are bucking the trend and see a more significant increase.

A note of caution for hospitals: Even though complete documentation and coding led to the negative adjustment, folks need to continue to do a good job of documentation and coding, since that's what the MS-DRG system is all about.

On the RHQDAPU front: the federales are taking baby steps towards automating the reporting process, testing the transmission system direct from hospital records to a central repository with three measures not currently used for payment incentives.

This year the proposal is to add two new measures to the 44 currently in use (for FY 2011) (see chart in linked Federal Register document, 74 FR 24171-72, pp. 93-94 of pdf) , and 69 additional measures are identified that might be used in the future (74 FR 24172-73, pdf pp. 94-95).  Also interesting is the fact that one measure is being taken off the list based on research tying IV beta blockers to elevated mortality risk in certain populations, and related practice guidelines evolution.  In addition, other measures may come off the list if they've "topped out" with near-universal compliance -- like a pneumonia oxygenation assessment measure.  Comments are invited on determining when to retire criteria and also on the criteria for establishing new criteria.  These criteria are significant, so I quote this section of the commentary in full:

In the FY 2009 IPPS proposed rule, we solicited comments on several considerations related to expanding and updating quality measures, including how to reduce the burden on the hospitals participating in the RHQDAPU program and which approaches to measurement and collection would be most useful while minimizing burden (73 FR 23653 through 23654). In the FY 2009 IPPS final rule, we responded to public comments we received on these issues (73 FR 48613 through 48616). We also stated that in future expansions and updates to the RHQDAPU program measure set, we would be taking into consideration several important goals. These goals include: (a) Expanding the types of measures beyond process of care measures to include an increased number of outcome measures, efficiency measures, and patients’ experience-of-care measures; (b) expanding the scope of hospital services to which the measures apply; (c) considering the burden on hospitals in collecting chart-abstracted data; (d) harmonizing the measures used in the RHQDAPU program with other CMS quality programs to align incentives and promote coordinated efforts to improve quality; (e) seeking to use measures based on alternative sources of data that do not require chart abstraction or that utilize data already being reported by many hospitals, such as data that hospitals report to clinical data registries, or all-payer claims data bases; and (f) weighing the relevance and utility of the measures compared to the burden on hospitals in submitting data under the RHQDAPU program. Specifically, we give priority to quality measures that assess performance on: (a) Conditions that result in the greatest mortality and morbidity in the Medicare population; (b) conditions that are high volume and high cost for the Medicare program; and (c) conditions for which wide cost and treatment variations have been reported, despite established clinical guidelines. We have used and continue to use these criteria to guide our decisions regarding what measures to add to the RHQDAPU program measure set.

The goals of the RHQDAPU articulated here bear close reading.  These are core values that CMS is seeking to refine further -- comments are welcome -- and it seems to me that these core values will continue to inform quality measurement and value based purchasing initiatives of the agency in the future.  The main problem I have with the approach taken to date (and I've been saying this for quite a while) is that the federales -- and other payors -- are asking providers to track too many indicators.  It is possible to track a small number of indicators that are predictive of other quality performance measures.  (Two key people who agree with this perspective are Don Berwick of the Institute for Healthcare Improvement and Leah Binder of the Leapfrog Group, each of whom I've had the opportunity to talk with about this issue, among other things.)  My other problems with the approach are that too little of the total payment is at stake (2%), and that the system is set up as a pay-for-reporting system, not a pay-for-performance system.     

No new hospital-acquired conditions (HACs) are being added to the no pay for never events rule this year.  A very significant fact was tucked away near the very end of the publication (74 FR 24669; pdf p. 591): The no pay for never events rule is only expected to save the federales $21-22 million a year, because most cases with HACs have other comorbidities that result in higher MS-DRG payments anyway.  Sounds to me like this is a rule crying out to be rewritten:  All the hoo-ha over hospital-acquired conditions and no pay for never events and the federales are saving just a measly $21 million a year???  Either tighten it up so that real savings can be achieved or toss it.

Update May 26, 2009: And while the hospitals are down, CMS is cutting indirect GME capital reimbursement to nil.  At least one state hospital association sees these changes as leading to layoffs and closures.

There are many more proposed changes and updates in this reg, but the last I'll touch on here is the EMTALA sanction waiver, which would essentially provide a 72-hour waiver of EMTALA (except for patient dumping based on source of payment) in case of implementation of a hospital disaster protocol.  There is, of course, a pandemic infectious disease exception (for all you swine flu eschatologists out there) extending the 72-hour waiver til the end of a declared public health emergency.

The comment period is open through June 30; a final rule is expected by the end of July, and new rules and rates will be effective October 1.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

March 08, 2009

David Harlow quoted in FierceHealthcare on physician-hospital collaboration

I spoke with Anne Zieger at FierceHealthcare last week about a variety of strategies for hospitals to engage with their affiliated physicians in order to hunker down and improve short-term finances and also prepare for future growth.  The strategies can range from virtual gainsharing to service line development, and share the virtues of (a) not requiring significant capital investment and (b) yielding efficiencies and cost savings that can relieve pressures on hospitals' bottom lines and also improve collaborative relationships between physicians and hospitals.  In addition, provider organizations need to be cognizant of continuing shifts by CMS and other payors in the direction of value-based purchasing; those prepared in advance through participation in demonstration projects (e.g., ACE and PHCD demos that I've helped provider organizations get into) will be well-positioned to maneuver effectively as value-based purchasing becomes mainstream.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

March 06, 2009

David Harlow quoted in Medicare Compliance Alert on pre-employment background checks

Take some advice from the HealthBlawger in screening new employees.  Check out some specifics in the current edition of DecisionHealth's Medicare Compliance Alert, offered in point-counterpoint format with tips from my friend Bill Mandell.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

December 03, 2008

Interoperable EHRs: elusive grail or within our grasp?

The indefatigable John Halamka makes a convincing case that "interoperability is implementable today with harmonized standards, appropriate security, and a service oriented architecture using the internet," and that the only thing barring the way to a fully interoperable national EHR system is resources, or incentives -- the technology is there.

(This conclusion begs the question: is GE's recently-announced foray into developing a new open standard for EHRs really necessary?  The $200 million committed seems to be a drop in the proverbial bucket; as a recovering public health official, I always tend to ask: How many childhood vaccines could you buy with that kind of money instead?)

So, what sort of incentives would move providers to climb on board the interoperable EHR express?  The federales have taken at least two approaches thus far:

First, the executive order giving hospitals a free pass for kicking in some dough when physicians in a position to refer business are buying EHR systems.  (Not exactly doing land-office business, even after the IRS cleared up a little issue -- the executive order created a Stark exception and fraud and abuse safe harbor but hadn't addressed issues raised by tax-exempt hospitals forking over big bucks for the benefit of for-profit medical groups.)

Second, a little MIPPA carrot-then-stick action on the electronic prescription front, with the potential promise of expanding the 2% incentives into other related arenas.

Will these incentives move a lot of docs online?  I'm not convinced.  Frankly, the hospital community is not exactly looking for ways to spend money these days.  I'd like to see the time limits on the executive order extended so that hospitals have a chance to rebound and fund some physician EHR infrastructure.  The MIPPA-type or RHQDAPU-type incentives will move docs, as other similar incentives have moved docs and hospitals to report on a million measures.

I'd like to see the federales make some bold moves -- which the Obama administration may be prepared to do -- and fund EHR infrastructure in the private sector.  Directly.  By writing some checks.  There's at least $700 million of public and private funds on the table, but more is needed. The benefits to be realized are great enough, both in terms of public health and in terms of cost savings to government and other payors (and by payors I mean ultimate payors -- those who pay health insurance premiums) that the short-term cost (which is not inconsequential) should be underwritten in the same sort of deficit spending kind of way that FDR used to fund the New Deal.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

November 17, 2008

CMS imaging efficiency measures released for public comment

The latest comment period for imaging appropriateness measures is underway.  CMS announced last week that through The Lewin Group and its subcontractors, the National Imaging Associates, Inc., (NIA) and Dobson | DaVanzo & Associates, LLC, it is developing a preliminary set of outpatient imaging efficiency measures, and is seeking input through December 14, 2008 at the Imaging Measures website, which has a wealth of information on the measures (descriptions of the four measures are excerpted below) which, interestingly enough, are entirely different from the four measures featured at the same URL a year agoThe measures may be used by CMS under MIPPA as part of the accreditation regime and are certainly preferable to the prior authorization regime currently in favor.

Here are the four measures:

MEASURE ONE: SPECT MPI AND Stress Echocardiography for Preoperative Evaluation for Low-Risk Non-Cardiac Surgery Risk Assessment

Setting: Outpatient
Numerator: Patients having a low-risk surgery (i.e., endoscopic procedure, superficial procedure, cataract surgery, breast biopsy) preceded, within 30 days, by a single-photon emission computed tomography (SPECT) myocardial perfusion imaging (MPI), Stress Echocardiography, or Stress magnetic resonance imaging (MRI) study
Denominator: Patients having a low-risk surgery (i.e., endoscopic procedure, superficial procedure, cataract surgery, breast biopsy)

A review of stress echocardiography appropriateness criteria for specific clinical scenarios was recently completed and published by The American College of Cardiology Foundation (ACCF) and the American Society of Echocardiography (ASE). Review of SPECT MPI appropriateness criteria for specific clinical scenarios was completed and published by ACCF and the American Society of Nuclear Cardiology (ASNC). The purpose of the published criteria is to "help guide a more efficient and equitable allocation of health care resources."

The proposed measure seeks to calculate relative use of stress echocardiography, stress MRI, and SPECT MPI prior to low-risk non-cardiac surgical procedures.

The appropriateness criteria provided specific guidance that use of stress echocardiography and SPECT MPI are not appropriate tests for preoperative evaluation of patients undergoing low risk non-cardiac surgical procedures. The appropriateness score assigned to the use of stress echocardiography and SPECT MPI for the indication is the lowest at one (1). Scores of 1-3 are defined as inappropriate (the test is generally not indicated).

The criteria define low risk surgery as cardiac death or MI in less than 1 percent of performed procedures — endoscopic procedures, superficial procedures, cataract surgery, and breast surgery (biopsy).

MEASURE TWO: Use of Stress Echocardiography or SPECT MPI Post-Revascularization Coronary Artery Bypass Graft

Setting: Outpatient
Numerator: Patients who have had a stress echocardiography or SPECT MPI study in the five-year period following a coronary artery bypass graft (CABG) procedure.
Denominator: Patients who have had a CABG procedure.
Exclusions: All tests performed in the first six months post-CABG; any patient with clinical risk predictors for silent ischemia or accelerated coronary artery disease (CAD) (e.g., diabetes); and any patient who undergoes a catheterization, percutaneous coronary intervention (PCI), or CABG procedure in the six months following the post-revascularization Stress Echocardiography or SPECT MPI.

A review of stress echocardiography appropriateness criteria for specific clinical scenarios was recently completed and published by The American College of Cardiology Foundation (ACCF) and the American Society of Echocardiography (ASE). Review of SPECT MPI appropriateness criteria for specific clinical scenarios was completed and published by ACCF and the American Society of Nuclear Cardiology (ASNC). The purpose of the published criteria is to "help guide a more efficient and equitable allocation of health care resources."

The proposed measure seeks to estimate relative use of stress echocardiography and SPECT MPI in asymptomatic patients less than five years after a CABG procedure.

The appropriateness criteria provided specific guidance that use of stress echocardiography is not appropriate for risk assessment within five years for asymptomatic patients. The appropriateness score assigned to the use of stress echocardiography for the indication is two (2). Scores of 1-3 are defined as inappropriate (the test is generally not indicated). Use of SPECT MPI for the indication was scored at six (6). Scores of 4 -6 are defined as uncertain.

MEASURE THREE: Use of Computed Tomography in Emergency Department for Headache

Setting: Emergency Department (ED)
Numerator: ED visits with a presenting complaint of headache with a coincident brain CT study
Denominator: ED visits with a presenting complaint of headache
Exclusions: Patients who are hospitalized (admitted), patients who are transferred to another acute care hospital, patients with a lumbar puncture, diagnosis codes indicative of dizziness, paresthesia, lack of coordination, subarachnoid hemorrhage, or thunderclap.

Clinical guidelines and literature indicate that there is a general consensus that neuroimaging is rarely productive for [headache] patients with normal physical and neurological exams and medical histories. Unnecessary CT is costly financially, in false positive interpretation, and in excess radiation. This measure seeks to identify inappropriate practice patterns.

MEASURE FOUR: Simultaneous Use of Brain Computed Tomography and Sinus Computed Tomography

Setting: Outpatient
Numerator: Patients with a presenting complaint of headache who have a brain computed tomography (CT) and sinus CT study performed simultaneously (i.e., on the same date at the same facility)
Denominator: Patients with a presenting complaint of headache who have a brain CT study
Exclusions: Patients with trauma diagnoses, tumor, or orbital cellulitis

Clinical guidelines and literature indicate that there is a general consensus that neuroimaging is rarely productive for patients with normal physical and neurological exams and medical histories. Even when neuroimaging is required, there are no indications for simultaneous Brain CT and Sinus CT. Moreover, unnecessary CT imaging is costly financially, risks false positive interpretation, and exposes patients to excess radiation.

(Emphasis supplied.)

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

November 06, 2008

DNV senior execs speak with David Harlow about new hospital accreditation authority

Yesterday I had the opportunity to chat with several members of the executive leadership team from DNV Healthcare, the "new kid on the block" for hospital accreditationDNV was recently granted deeming authority by CMS -- the first time the federales have taken such a step since recognizing the Joint Commission about 40 years ago.  (The AOA has deeming authority for osteopathic hospitals.)  I spoke with Darrel Scott, Senior Vice President, Patrick Horine, Executive Vice President - Accreditation, and Becky Wise, Chief Operating Officer, and learned more about DNV, ISO 9001, and the National Integrated Accreditation for Healthcare Organizations (NIAHO) standards. 

DNV developed its NIAHO standards for hospital accreditation, building upon both the Medicare COPs and on ISO 9001, a quality management standard that the DNV judged would enable hospitals to most effectively address -- and avoid -- issues such as never events.  ISO 9001 is specifically designed to address service organizations (rather than, e.g., manufacturing), and is proven as a basis for quality improvement.

In essence, NIAHO requires hospitals to implement ISO 9001 as a means to achieving compliance with the COPs.  ISO 9001 is a vehicle to implement and maintain a quality management system which ensures compliance with COPs across all hospital processes.  DNV views a "process" as being a holistic whole, cutting across traditional silos of hospital departments (such as nursing, pharmacy, IT, housekeeping, etc.) -- so a process is "acute hospital inpatient care," not "radiology turnaround time."  A hospital would likely have no more than a dozen "processes" by this definition.

NIAHO standards speak to the COPs more directly. DNV is differentiating itself from the Joint Commission by observing that, for example, the JC requires that in order to meet the no-wrong-site-surgery element of the COPs, hospital employees and medical staff follow a prescribed process.  Failure to adhere to the process means a ding on a survey.  By contrast, the ISO 9001 approach requires that there be some reliable process in place to assure that no wrong-site surgeries take place, but does not prescribe the particular mechanism.  In shorthand, ISO 9001 is the "what," not the "how."  That can be a good thing or a bad thing.  DNV is clearly pitching this as a good thing: giving hospitals much greater flexibility than the Joint Commission approach.  The challenge for hospitals and their advisors is to ensure that there be either sufficient local innovation and development -- or cross-pollination, or communication with other organizations -- of best practices, to ensure optimum patient care in the absence of specific patient safety goals or other standards. 

ISO 9001 compliance will not require hiring of new staff; entities that are currently JC-accredited are "about 70% of the way there."  Annual visits (vs. every-three-year JC surveys) will promote more of a continuous quality improvement mindset.  In addition to the survey visits, each department in a hospital needs to be audited by another department on an annual basis.  A positive side effect of the interdepartmental audits is expected to be an overall improvement in communication across silos, leading to a reduction in errors in handoffs and otherwise.

After accrediting a couple dozen U.S. hospitals during its "out-of-town tryouts," DNV says that it is ready to ramp up and begin surveying hospitals nationwide, having engaged and trained a cadre of surveyors as employees and contractors -- nearly 100 to date.   These surveyors are cross-trained both as ISO 9001 lead auditors and as generalist, clinical or life safety code surveyors.  (DNV affiliates have conducted ISO certifications of over 1,200 health care facilities worldwide.)

One potential bump in the road is state hospital licensure regulations.  In the HealthBlawger's unscientific survey of two states, hospital licensure regs require a licensure survey by state surveyors unless the hospital is Joint Commission-accredited (Joint Commission is named in the regs).  At least one of these states has expressed a reluctance to make the change to more generic language that would recognize the CMS-approved DNV accreditation in lieu of a licensure survey.  DNV's view is that these issues will not prove to be long-lived, and that state hospital associations are likely to carry the water on this one at the behest of their membership.

DNV stresses that ISO 9001 compliance is not required day one in order to obtain DNV accreditation.  There is a two-year ramp-up period to allow for hospitals to learn the ropes and come into compliance. 

One of the positive aspects of the new system highlighted by DNV is that there is no "tipping point" -- no threshold number of negative findings that will edge a hospital out of compliance.  Instead, any nonconformities will require corrective action plans.  If the nonconformities are "Category 1" (i.e., more severe), the corrective action must be taken within 60 days, or the hospital moves into "jeopardy" -- and risks losing accreditation.  This aspect, among others, has impressed DNV executive leadership with the value of open dialogue between hospital and survey team, made more likely given the less likely event of an operations-stopping notice of deficiencies.

DNV offers "sustainability" -- DNV standards change only if COPs or ISO 9001 standards change.  This may be attractive to some hospitals, which have balked at some Joint Commission requirements/revisions in recent years.  (The MS 1.20 - Medical Staff By-Laws saga comes to mind as one example.)

Check out the DNV website for FAQs, articles, and info on full-day workshops coming up over the next month or so.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

November 02, 2008

Don Berwick, CEO of the Institute for Healthcare Improvement, speaks with David Harlow about the 5 Million Lives Campaign and more

Don Berwick, CEO of the Institute for Healthcare Improvement, spoke with HealthBlawg last week, as IHI comes close to wrapping up its 5 Million Lives Campaign.

The audio file of my interview with Don Berwick (about 20 minutes long) is available for download/podcast. A full transcript is at the end of this post (and in the linked transcript.

IHI sponsors an impressive array of collaborative health care improvement programs, offering programmatic support and creating a network of like-minded institutions and leaders who provide feedback to each other on improvements to their local systems.  The 5 Million Lives Campaign is the latest in a long line of successful campaigns.

I asked Berwick about the plethora of health care indicators used in P4P and pay-for-reporting plans, and he suggested that the 1,000 measures in use today could be whittled down to far fewer, that the "cacophony" could be eliminated, with better results for patients.  The 5 Million Lives Campaign, for example, is built on twelve "planks," ranging from reduction in infections and med errors to board engagement -- the latter, a critical measure not often cited in connection with patient care process and outcome measurement.  He also noted that NQF will be making an announcement in the near future identifying six key predictive measures.

IHI uses these indicators to "pull" health care providers into improved quality, according to Berwick; payors use them to "push" providers along.

Berwick estimates that 30% of costs in the U.S. health care system are "pure waste" -- excess administrative costs and medical expenses, where variation is based on habit, not evidence.  The current economic climate brings greater urgency to the need to bring these costs under control.  

While cautioning that information technology "isn't magic," Berwick emphasized that he has been calling for widespread implementation of EHRs for 30 years, so long as the EHR roll-out doesn't simply transfer paper processes to the computer but, rather, serves as an opportunity to redesign patient care and administrative processes.

Another opportunity for improvement lies in improving coordination of care across traditional boundaries -- e.g., primary care to acute care to chronic care.  Berwick used the "M" word to describe the mechanism most likely to help in this arena: managed care: "not the evil managed care, not the mutant managed care, but the good managed care," that could really help patients, e.g., through a chronic illness.

In discussing future policy directions post-election, Berwick stressed that the U.S.needs to join the rest of the industrialized world and recognize health care as a right.  It seems clear that if that were to happen, many other changes in the health care system would need to be made as well -- finance, delivery system, health care provider training and supply -- all topics worth further examination another day.   

David Harlow
The Harlow Group LLC
Health Care Law and Consulting


Interview of Donald Berwick, CEO of the Institute for Healthcare Improvement
October 28, 2008

David Harlow:  This is David Harlow of HealthBlawg, and I have with me today Don Berwick, CEO of the Institute for Healthcare Improvement.  Good morning, Dr. Berwick.

Don Berwick:  Good morning.

David Harlow:  Thank you for joining us today.  I wonder, for starters -- though I’m sure many folks are familiar with your organization -- if you could give us a snapshot description of what your organization does and its mission.

Don Berwick:  Sure.  The Institute for Healthcare Improvement, IHI, is a non-profit organization started in 1991 by a group of colleagues around the United States.  Our mission is to help accelerate the improvement of healthcare system all over the world.  We have projects mostly in the US and Canada but also in Europe, the Pacific and South Africa now and several developing countries.  So our basic work is research and development first.  We try to identify or create prototypes that really perform current designs in healthcare for better safety and effectiveness and patient-centeredness and lower cost.  We then try to test those prototypes with colleague organizations around the country or around the world, hospitals or clinics or practices that are willing to try new designs and see if they work and debug them.  And then we have lots of activities to spread the innovations we can find that are helpful.  We do this through large meetings.  We have our big national conference coming up in December which will have about 6,000 people there and 15,000 on satellite.  We have a website.  It’s open to everyone, ihi.org.  And in the past four years, we sponsored major national campaigns, the 100,000 Lives Campaign and the 5 Million Lives Campaign, which are intended to get literally thousands of hospitals to adopt a focused set of changes that make patients safer and reduce unnecessary harm and mortality.

David Harlow:  Yes.  And I understand that through the 5 Million Lives Campaign that something on the order of 80% of US hospital beds are now in institutions that have signed on, if you will, to this campaign.

Don Berwick:  And the response has been amazing.  We proposed twelve changes in care processeses and governance in hospitals to make patients safer.  And I think the last number was 4,030 hospitals have signed up in the United States alone, and there’s spinoff campaigns being run by colleagues and friends in eight or nine other countries.  So the response has been pretty dramatic.  I’m sure but not all of the places are actually seriously changing process but many of them are, and we have been seeing phenomenal results in some.

David Harlow:  Well government payors, CMS, and private payors as well have been tracking particular care processes or care outcomes – I’d actually been interested to hear your perspective on that -- and have been using as the basis for pay-for-performance programs.  Now my understanding is that the programs that you’re describing are not necessarily tied to any payors but rather to care improvement in a more general sense.  Is that a fair statement?

Don Berwick:  Yeah.  IHI is one player in the changing landscape in healthcare that has both elements of push and elements of pull.  The pull is what IHI deals with; we’re working with hospitals and clinics and clinicians and leaders all over the world and appealing, I think, to their intentions to do well.  They want to be proud of their work and they’re interested in how to make changes and they’re being helped by transparency by turning the lights on and much better able to measure patients’ injuries or mortality or patient satisfaction for example to where we’ve ever been before.  So there’s a side here that reflects ambition, aspirations, kind of a spirit in the work force.  And I think that’s what IHI basically works with…but it’s no surprise.  There’s push also from the society at large, the payors like the government payors and private payors, the public at large represented through consumer groups, Consumers’ Union, AARP and so on, and the employers who are paying the bills upstream for their employees.  Those outsiders to healthcare want healthcare to be quite accountable.  And once it becomes evident that certain kinds of complications or extra cost or overuse or risks are reducible or in some cases can be eliminated, there’s no surprise that the environment, the payor community, the patients have wondered or are really asking and I guess, in some cases demanding that the changes be made.  There’s push and pull.

David Harlow:  I understand that yesterday IHI ran a national learning network event and I imagine a number of ideas along these lines were showcased.  I wonder if you could speak to a couple of them and maybe observations on where some of the successes are and what you see as some current trends.

Don Berwick:  Sure.  The National Network Day which was yesterday is one of the big national events we’ve been running in the campaign period of now four years of campaigning.  I should say first that the campaign that IHI is supported by philanthropy so that, for example the Blue Cross Blue Shield Association and Blue Cross Blue Shield plans around the United States have donated considerable amounts to IHI and to local entities that help spread changes.  Cardinal Health has helped.  Other foundations have helped.  So everything in the campaign is free.  There’s no cost to hospitals that want to get access to it.  So the campaign team has been funding different vehicles to give access to anyone that wants information on how to make changes and especially reports from places that have done so.

So yesterday was a day of sharing in which after some introductory remarks by among others, Richard Umbdenstock, the president of the American Hospital Association.  We ran, all day long, virtual workshops on the phone and internet and web in which hospitals can report in on things they are proud of doing or lessons they’ve been learning.  We had hospitals that have gone a year or two or in one case four years without a single ventilator pneumonia.  We have the central line bundle which causes reduction of bacteremia in patients with central lines -- they don’t get septic -- which we developed a number of years ago.  It has been expanded in the keystone project in Michigan.  And they did a workshop on prevention of bacteremia.  We have hospitals that are just making tremendous gains even in some cases hospitals that have reduced mortality rates measurably, dramatically in some cases.  So they’re sharing how they did it and then curious teams and hospital leaders who wanted to understand how others have done it can get that information.  We have about 200 mentor hospitals in the campaign.  These are the hospitals that we track major results reduction or pressure sores or improvement of heart attack care or reduction of infection and they sort of donate their knowledge back into the pool of knowledge.  And they also were available on this National Network Day.

We had through the day, I’m told, over 2,400 phone lines were open at one point or another to get these information.  At the peak we had something like 460 or 470 phone lines open with ten or twenty people at each phone line.  That’s thousands of people getting information from each other.

David Harlow:  That’s terrific.  And it’s very encouraging just to see the level of engagement in this sort of activity.  You mentioned earlier twelve changes in care processes that were to be undertaken and I’m wondering how you would compare these processes or how these processes are selected because I’m comparing that to the many -- in some cases, dozens and dozens of processes or indicators that are collected and reported on to various payors including government payors.  I guess the question is as hospitals are involved in dealing of a number of different payors and required to report on many different indicators, has your work shown that there is a small pool of  indicators that would really work as proxies for all these others in terms of institutional level of quality of care.

Don Berwick:  Well, David, first you’re absolutely right about the cacophony of indicators and measures.  Hospitals today have, I think, quite literally over 1,000 variables they have to report on somewhere about their own performance.  It really makes them crazy and it doesn’t allow for the kind of focus that we really need nationally.  And we don’t yet have a national agenda of prioritized improvements, what are the most important ones to make.  I think soon some will emerge with the National Quality Forum which is this public-private partnership group that’s going to articulate some goals.

In fact there is a press conference November 17th by NQF that’s going to lay out six goals for American care which I’m pretty excited about.  But the IHI’s campaign planks, we call them, the twelve planks, were picked because we had great evidence from the scientific literature, our own prior work, or the work of others, that these changes could be made by hospitals that they would result in reductions in harm and in some cases mortality and were not expensive to do.  So they’re a selected group.  They do overlap quite consciously with a lot of the indicators you’re referring to.  We have a matrix -- you can see it on our website -- that shows how if you’re on board the twelve campaign planks at the moment you’re really hitting a lot of other requirements from the Joint Commission and CMS and payors and so on.  So there’s some crosswalk.  There are also logical ones.  There are ones where everyone knows we can really make progress. A number of them bear on infection:  like reduction of surgical site infections, reduction of central line infections, reduction of ventilator pneumonias, reduction of methicillin-resistant staph infections.  There’s one on pressure sores, an avoidable complication that we know can be reduced dramatically within hospitals.  We’re focused on cardiac care, which is an enormous area for hospital work: both acute heart attack care, making that very reliable, and the same for congestive heart failure which is the most common reason for admission in Medicare.

There are are a number focused on drug errors, medication reconciliation when patients move from one place to another that’s one.  And another is a specific focus on high-alert medication -- that’s insulin, sedatives, narcotics, and anticoagulants -- which explain over half the serious injuries that patients get from medication errors in hospitals.

The twelfth plank is unusual and that’s not about a condition, it’s about governance.  We call it Boards on Board and that reflects the need, really the imperative, that hospital governance and executive leaders take, in this case, patient safety firmly under their stewardship.  This improvement in safety that we can achieve is not achieved without leadership from the boardroom and the executive suite.  So plank twelve, Boards on Board, it coaches hospital boards on how to take cognizance and really be helpful to the improvement of patient safety.  It’s kind of a rational set.  It doesn’t do everything.  There are other areas that we will be getting into.  In fact IHI, after this December meeting, December National Forum, we’re going to be articulating a set of entirely expanded set of goals and aims that are even more related to what’s happening in the environment right now.

David Harlow:  Great!  Are those would tie in with some of the other standards or goals that are being articulated by NQF and others?

Don Berwick:  Yeah.  We’re going to try to make sense of the cacophony so it won’t be just repeating a bunch of, a long, long list of standards but trying to come up with this real serious leverage.  And by the way, incorporating cost reduction -- because among the improvements you can achieve with really conscientious process management is reduce cost while helping increase the experience, improve the experience of patients and the staff so you’re going to see a number of initiatives on our part that are strongly focus on wise reduction and cost because we badly need those as well.

In the end, that’s where we’re headed for our hospitals -- because this campaign is focus on hospitals right now -- hospitals that function at a completely new level of reliability and patient-centeredness and lower cost.  And that’s what we’re going to try to accumulate and plan for over the coming months.

David Harlow:  Do you have a view on expanding some of this work to non-hospital settings as much of healthcare is moving -- ?

Don Berwick:  Oh yes for sure.  IHI has perhaps, well now close to half our work in the non-hospital settings.  Next March, just as we have our National Forum in the December, we have, I think, our tenth annual meeting called On Improving Office Practices and that focuses on ambulatory care, care across the continuum.  We currently have a grant from the Commonwealth Fund to work at the level of states on reduction of unnecessary hospitalization through improvement of care for chronic illness across the continuum.  We have a wonderful project with the Indian Health Service now which is focused on chronic disease care in the Indian Health Service which is almost completely an outpatient issue, not an inpatient issue.  We also have a major research and demonstration project now underway called the Triple Aim project which deals with population-based care, dealing even beyond care into issues of prevention of illness and the total per capita cost of healthcare in a population.  As of now, we have over forty organizations, most in the US but not all, working on innovations and new designs to improve care at the population level.  So we’re doing a lot more than just hospital care, but a lot of hazards lie in hospitals and so we’re going to keep the spotlight there as well.

David Harlow:  Yes.  You’ve mentioned cost control and cost management.  Do you see a focus on that increasing in the minds of hospital administrators given the current economic crunch or is this a long-standing issue that’s just being worked on now?

Don Berwick:  Access cost has been a problem in the US healthcare for three decades at least so it’s a chronic problem of high severity.  We’re at a great disadvantage economically as a country because of what we pour in to healthcare -- close to 17% of the GDP.  And since IHI is a global organization we work with and see systems in Europe and elsewhere that function at half our cost per capita and get results every bit as good as ours and, if you read the Commonwealth Fund’s research, in most cases a lot better.

We’re at the bottom of some lists that you’d expect that we’d be on top of given our expenditures so it’s chronic.  I think the latest financial crisis only adds fuel to that fire and I think converts a chronic crisis into something pretty close to an economic emergency.  And I’m sure hospitals are making major adjustments now as all organizations have to in our country and worldwide.

From IHI’s point of view, this is about waste.  It’s not about cutting back on things people need.  It has to do with getting very smart about what it is that we do that doesn’t help anybody and getting that out of the system.  My own estimate through the years has been that at least 30% of American healthcare costs are in that pot.  They don’t help anyone.  They’re just pure waste.  They’re administrative cost and excess care that can’t help, unscientific care, variation based on habit, not fact.  And conscientious professional leadership, conscientious organizational stewardship, and good public policy ought to be able to identify that overuse, that waste, and remove it from the system thus saving a lot of money without harming a single patient and advancing the health of communities.

David Harlow:  Do you see some of the new information technology tools as being particularly useful or more helpful in trying to move organizations into an evidence-based medicine mind set?  You and others have been talking for years about certain lean management principles, but as you’ve said there’s still a tremendous amount of excess cost in the system.  Do you see an opportunity with expansion of information technology in this area?

Don Berwick:  Yeah.  I’m of two minds on information technology and on the one hand, it’s kind of falling off a log to say we need it.  I mean, for Pete’s sake, we’re still not even in 20th century, let alone 21st century information technology in most of healthcare and it’s time to go there.  Our care would be more reliable.  The flow would be smoother.  Patients would be remembered.  Chronic disease care would be integrated.  Finance could be better managed if we have better information.  And so we definitely need to modernize healthcare information technologies and the underlying infrastructures and rule base for that.  There’s no question that would be helpful.  It’s time to have an electronic medical record and I was part of the Institute of Medicine committee thirty years ago that said that.

On the other hand, I don’t think we should expect information technology to be magic.  It isn’t magic.  In fact, the big mistake would be that we could introduce information technology and not change processes and then we’d just be automating the current inefficiencies and defects and it would be easy to that.  We have to do two things which are modernize information and change care and the combination would be extraordinarily powerful.  Is it necessary to modernize information in order to change care?  I don’t know.  At some level, no.  I think it’s possible for a local unit or clinic or hospital to do quite a bit with whatever information they happen to have, but it certainly would be helpful that we can get synergy between information management and improvement.

In some organizations we’re seeing that.  There are recent breakthrough, for example Kaiser Permanente which has invested literally billions of dollars on modernizing its information platform but they are also beginning to harvest from that important new forms of redesign, such as making home the hub for care.  That’s one of their slogans and it really is real.  And they’re going to exploit opportunities for better care with better information and I think could give us a good head ups on what’s possible.  They are not alone and so we need to be tracking these very progressive redesign projects.

David Harlow:  Sounds great.  So in sort of wrapping up, I’m wondering if there’s any other areas or any other advice that you might offer to healthcare organizations as we face both the economic crisis and a new administration in Washington, and also what you might have to say to a new administration in Washington, areas of emphasis that you would like to see from a federal policy perspective.

Don Berwick:  Well, let me start with policy and then I’ll talk about organizations.  At the  policy level, in our country, the most important leadership we need governmentally to me is back in the domain of ethics and human rights.  I mean, healthcare is in almost every other country in the world -- and certainly in every other developed country -- clearly a human right.  And they don’t negotiate on that point.  They then figure out how to make it so and struggle through the difficulties of doing that.  We haven’t done that in this country and I’m looking for congressional, presidential leadership that finally crosses that bridge and says it’s just not right to be a wealthy, first world country, and have anyone be denied healthcare that they need.  A big important form of that and also related to policy is to close the gap between rich and poor and black and white in our country.  The worst [sic] predictor of your health status today in America is the color of your skin and we need to end that as a fact.  It has to be changed, and so I think that is also a matter of public commitment and federal policy and governmental leadership.

At the more technical level, we need government leadership to modernize information technology, that’s clear.  We also need to reconfigure the role of government, especially as payor, to help us integrate care across boundaries.  We’re very fragmented in the way we pay for care even from the federal government level and we need better chronic disease care, especially, in this country.  And that’s going to involve new forms of integrated payment that return us to if I dare say the best kind of managed care not the evil managed care, not the mutant managed care, but the good managed care, that really means I’m helped in my journey through my chronic illness.  I think we need to focus on wise cost reduction and we need federal policy that supports that.  And we need to research on that so we understand what costs can be reduced without harming people.  We need much more voice for patients.  CMS and others have been very good in helping patients speak up through proper data and surveys and reporting requirements.  And I think we need even more of that.

On the organizational side, I would guess the two most important lessons I’ve been learning are first, it does take leadership.  Until executives, heads of boards, the lay executives, clinical executives, nursing leaders, physician leaders, own improvement of care as their job, it’s very hard for the workforce to get organized to make care better and we really need executives alert and at the helm to make care better.  It’s got to become part of the job, and every way we can do that will help.  The other good side of that lesson is, I think, executives who do that are going to find a workforce -- doctors, nurses, pharmacists, receptionists, therapists, and middle managers -- they’re going to find a work force ready to really help.  I mean IHI’s 5 Million Lives Campaign is uncovering this enormous amount of goodwill on the workforce to make care better.  It’s there.  And executives and boards that realize it and go for it are going to find it available and I think that’s a piece of good news that I want them to hear.

David Harlow:  That is a piece of good news.  And I thank you for joining us today.  I’ve been speaking with Don Berwick.  This is David Harlow on HealthBlawg.  And Dr. Berwick, thank you again for joining us.  I appreciate it and enjoyed our time speaking together.

Don Berwick:  Thank you, David.  It’s been my pleasure.

October 31, 2008

2009 MPFS final regulations

The 2009 Medicare Physician Fee Schedule regulation was released in final form yesterday (on display), and will be published in the Federal Register on November 19.  It is chock full of payment and policy changes, detailed in three CMS fact sheets: (1) payment policies and rates; (2) MIPPA-related changes; and (3) e-prescribing incentives and PQRI updates.

A few highlights:

  • MIPPA's 1.1 % MPFS rate increase in lieu of the previously-scheduled SGR pay cut
  • Deferral of the proposed incentive payment and shared savings (gainsharing) Stark exception, together with a call for further comment
  • Revision of the anti-markup rule
  • Roll-out of IDTF standards and enrollment requirements to all physician-based and non-physician-practitioner-(NPP)-based IDTF-like services (with accommodation made for mobile IDTFs that operate "under arrangements" with hospitals)
  • Imaging accreditation and appropriateness criteria under MIPPA (follow link to earlier HealthBlawg post on the subject)
  • E-prescribing incentives -- available under MIPPA -- phases down from a bonus in the first five years for early adopters (2% in year 1, less as time goes by) to a penalty thereafter (ramps up over time to a 2% penalty) to drag the last holdouts, kicking and screaming, into the system
  • 52 more PQRI measures -- 153 and counting -- for the CMS pay-for-reporting system, with a bump up in to potential bonus from 1.5% to 2% (also thanks to MIPPA)

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

Updated 11/3/08

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