Posts categorized "Managed Care"

March 04, 2009

Dan Greden, head of eHealth Product Management at Aetna, speaks with David Harlow about PHRs and patient engagement

Dan Greden, Head of eHealth Product Management at Aetna, spoke with HealthBlawg last week about Aetna's PHR system, its above-average rate of adoption by members, and the benefits that it provides to members, clinicians and ultimate payors.

The audio file of my interview with Dan Greden (about 30 minutes long) is available for download/podcast. A full transcript is at the end of this post (and in the linked transcript).
  

About 11% of Aetna's subscribers are active users of the Aetna PHR system (vs. well under 5% PHR adoption by the population at large).  The PHR is automatically populated with data from providers' clinical systems, including prescription information and lab results.  As Greden explains in greater detail, the PHR system is bolstered by an evidence-based medicine expert system that generates patient-specific alerts to patient and/or clinician (depending on the urgency of the alert), and allows for members to be more fully engaged in active management of their own health care.  This increased level of engagement is beneficial both to the management of members' health and to the management of the cost of care.  As more employer health plans steer members into HDHP/HSA combinations, members are becoming more cost-conscious, and have become more interested in learning about quality and cost-effectiveness when it comes to managing their own health care.

Aetna's system allows members to delegate access to their PHRs to clinicians and family members in a variety of controlled ways, limiting access where the member so desires (or where the right to impose limits is required by law -- e.g., for records relating to minors' reproductive health issues).

Greden stressed that the records belong to the individual members, and that in case of a change in insurance coverage a departing member may arrange for his or her PHR to be ported to HealthVault.

As the entire country has become focused on EHRs and PHRs thanks to the HITECH Act (which, by the way, brings PHRs into the big HIPAA tent), it is instructive to look at successful implementations of PHRs such as Aetna's, which has been in place in one form or another for over two years, in order to consider how the HITECH Act's billions might best be spent.  For example, the architects of the new system should consider in very concrete terms the improvements to patient care that are enabled by PHR systems such as Aetna's and the accompanying EBM expert systems and logic, and the minimum infrastructure necessary to enable such improved coordination of care and better outcomes, both on the patient side and on the provider side. 

David Harlow
The Harlow Group LLC
Health Care Law and Consulting


Interview of Dan Greden, Head of eHealth Product Management at Aetna

February 26, 2009

David Harlow:  This is David Harlow on HealthBlawg and I am speaking today with Dan Greden who is the head of eHealth Product Management at Aetna.  Good morning, Dan.

Dan Greden:  Hey, good morning.

David Harlow:  Well, thank you for taking the time to be with us this morning, Dan. I had the pleasure of hearing you speak at a recent conference on Health 3.0 and while we may debate the definition of Health 3.0, what I heard from you about what you are doing at Aetna was fascinating. I would like to ask you to speak a bit about your work in connection with the personal health records online access tools for Aetna members and how that allows them to be engaged with their physicians managing their own healthcare.

Dan Greden:  Great.

David Harlow:  So I wonder if just for starters if you could describe what the tool is and how patients are accessing it?

Dan Greden:  Sure, David.  We built our PHR as part of our Aetna Navigator secure website and that was a deliberate decision from the beginning that it should be part of the rest of our members’ online experience. You know, it’s not a separate tool, it’s highly integrated into all their other interactions, and what we focused on was building a tool that helps them be better consumers of healthcare and providing them a resource to make decisions, to be more engaged with health care providers, and so our approach was really beyond just putting the data on a secure site.  What we chose to do is really marry the data that we all really have through our normal healthcare plan operations with our care engine, the analytical engine that our Active Health Management subsidiary provides us, so we could really guide our members by continually analyzing their records and reaching out to them and/or their physicians when we find an opportunity to improve their care or be more engaged to better manage their care through that analysis of their records.  So even though we call it a PHR, it’s really much more than just a record online, it’s really a tool and resource that our members can use to be more engaged and better consumers of their healthcare resources.

David Harlow:  And what about their clinicians?  What access or inputs to the PHR do the clinicians have, and how do they use that information?

Dan Greden:  Well, the first and the primary way that a member shares their information with their physicians is by printing it out; we had that ability in the product the day we launched, which was just over two years ago, February 14th of 2007.  Since then we have added additional capabilities to have the physician access the record when the member provides that to the clinician. So the member is always in control of who sees their records; they have to formally delegate the access to someone else, whether it be a physician, whether it be a family member.  The way it works electronically is that a member can go online, choose the physician that they want to access their records and then when, if the physician is using our Aetna provider portal which is part of a larger package of resources that Navimedix provides -- it’s a company that provides tools for physicians to automate their practices -- when the physician staff or office is going on and doing something like an eligibility verification prior to the visit or even perhaps submitting a prior claim, if the member has delegated access to the PHR it will show up as part of that activity and there will be a prompt that asks the office: hey, your patient, your member has asked to share this with you, click here to print it.  We also can send care alerts -- or what we call care considerations -- that the care engine identifies to the physician in that way.  So if there is an opportunity to improve care we deliver it via that channel as well.

David Harlow:  That’s a very interesting additional tool.  Now, how are those care alerts generated and what are they based on?

Dan Greden:  Well, what the care engine does is it takes the claims-derived data from a multitude of sources. It’s not just medical claims but also pharmacy claims.  We look at lab claims, often we have lab results as well, and it goes through and does several types of analysis.  The first is it will go through and try and identify a potential presence of certain medical conditions and so it’s not just taking the way the claims are coded as the basis for the presence of the medical condition, you have to look for more evidence beyond that so if we use the example of a diabetic, we’ll see whether the claim coding, the ICD-9, or the CPT-4, or whatever, suggest the presence of diabetes, but those are often rule-out diagnoses the way the physicians code the claims so we’ll also look to see, all right, do I see prescriptions that would be consistent with someone managing diabetes, do I see lab results that would be consistent with someone  managing diabetes and based on what that analysis provides, the care engine may say you know I have reasonable cause to suspect this member has diabetes.  I am going to go through and do an additional set of analyses to make sure that all the best practices of care related to a patient with diabetes are being followed. So, for example, is this patient taking a low dose of an ACE inhibitor?  There have been recent studies that have proven that a very low dose of lisinopril, for example, five milligrams for example, can in the long run significantly prevent complications with kidney function, and if the member has taken a scrip that’s great, no action will be taken.  But if we see that the member has not taken it we will send a note to the physician as well as to the member, just informing them of this potential opportunity. You know, we are not drawing any conclusions; we are just introducing the topics for further discussion and further exploration between the member and their physician.  So that’s an example of how diabetes would work.  There are literally hundreds of different opportunities to improve care that are analyzed and dozens more medical conditions that have care management protocols or alert potentials in place.

David Harlow:  I’m wondering whether you have the potential to overload physicians with information about these various alerts, alerts that go to physicians or that go to patients as well.

Dan Greden:  The potential is there to overload physicians with the result of this analysis.

David Harlow:  Yeah, there is a potential, it seems to me, to provide so much information that the physicians could potentially be overloaded with information on a variety of conditions for a large number of patients.

Dan Greden:  First of all that’s a great question, and the way that that’s been managed is two-fold.  One, I mentioned how the analysis for the presence of the condition is fairly rigorous, it doesn’t just look for the claim coding, it looks for other data that would corroborate the presence of the condition, so it reduces errors that way, but I think the primary way that that’s mitigated is through what we call the alert urgency; we don’t send physicians just routine and preventive care, and the way that the alerts are communicated to the physicians  is also a function of the criticality.  So level one urgency is a life-threatening situation that we may have identified, whether it’s a drug-to-drug interaction risk or a drug-to-medical-condition interaction risk, or in rare cases, a drug-to-family-history interaction risk, the type of thing a physician may not have recognized on their own but it is potentially life-threatening, that will typically be made through a phone call with follow-up fax.  But less urgent ones are typically sent by mail or fax, and the ones that really involve the member being proactive, or engaging in preventive care, are not sent to the physician. So through the urgency of the alert and the means through which the alert is delivered we have been able to manage that pretty well I think. Active Health has been running the care engine for, boy, a little over five years now, I think about five years, and so it’s a staff of physicians who run this part of that business so it’s been pretty sensitive to what warrants an outreach and what a proper form of outreach is based on the content. 

David Harlow:  And the care guidelines that they use are based on peer review journals or data from your network or a combination of both or how does that work?

Dan Greden:  They are really more expert than I am on this but I know that they continually review peer-reviewed journals and include that.  There is analysis going on of informatics work within our databases but it’s really -- a lot of the feedback that they get suggests that this is a means for physicians to learn about new findings in various fields, and the ACE inhibitor one is a good one. That’s a couple of years old, still being understood throughout the physician community that treats people with diabetes, and so they often get the feedback on care consideration from the physicians, like: thanks, I didn’t know the study, your note prompted me to look into it and I am going to start changing my treatment approach.

David Harlow:  This system has been in place for two years now, and I am wondering whether you have done any sort of systematic review of quality of care improvements, cost of care reductions, any sort of tracking that’s been done to date?

Dan Greden:  We track that extensively, but because we started our pilot two years ago we’ve really only had a meaningful user base for about a year.  We are just now starting to see some early indicators of the improvements in care and so we are really at, we think, the tip of the iceberg on that but what we are seeing is a few things.  People who use our PHR generate significantly more of those care considerations, those care alerts that I talked about.  That’s a good thing for medical costs, because we have seen through other work in the care engine, Connected Health Management, which has been up and running about five years, that the more alerts that are generated, the more opportunities we have to improve care and lower costs. So the PHR makes that care engine program and its ROI more effective.  We have also found that the compliance with those alerts is higher for people who use our PHR. We think it’s for a few reasons, but one of them is that we are sending the notice to both the physician and the member in some cases so there is better follow-through. That improvement is over four percent so early indicators are that the users of our PHR are much more likely to have a medical condition and the PHR helps them be more engaged with their care, so we do expect, as we have had more of a experience base to do our informatics work on, that will continue to see very specific cost savings.

David Harlow:  I see, now you say this is now this was done as a pilot for a year and it’s been out of pilot so how many patients or what proportion of your membership is using this actively and how do you measure that?

David Harlow:  Yeah that’s still changing pretty rapidly because, like I said, so many of these deployments have happened recently.  I mean, to give you a specific number, about eighty-five percent of the membership who has our PHR have had it for seven or eight months or less, so it’s relatively new to most of these people.  In terms of how we measure this, we don’t just measure what percent of the people who have the PHR have used it.  Now obviously we’d do that too but what's more relevant to us is who are they, what is the value delivered to these members through the PHR and then really focusing on making sure that we continue to build out the right capabilities to help them be better consumers of their healthcare.  As an example, we have much higher than normal usage among people with a medical condition.  Also we see higher usage among mothers with children.  They are doing things like accessing immunization records or other health data across multiple kids or even a single kid, and we also see the pre-retirees use it more.  Now what's important to note there is that while there are similarities there is different value delivered to each of these members based on how they are using the tools.  So our measurements around adoption really tend to focus more on who is using it and what they are using it for and what the value delivered from that is.

David Harlow:  Sure, now do you have a sense of what proportion of your membership is using this in some regular fashion?

Dan Greden:  Again,  it continues to grow significantly every month and we do measure this regularly, right now over ten percent of our subscribing members -- these are the ones who you know subscribe directly to the health plan  --  have accessed  their PHR,  and that’s higher than the industry average, and we expect that to continue growing.  A little clarifying point is that those are the members who are easier for us to communicate to, those are the ones who through their employer subscribe to the plan and you know their dependants for example, their minor dependants have a PHR but the parent accesses it for them, but we have to count those.

David Harlow:  You are not counting those other family members in your percent?

Dan Greden:  That’s right I mean we do when we look at that as well, but I think the more relevant measure is the one that I gave you.

David Harlow:  Subscriber rather than the member, I guess. Okay.  Have you thought about additional bits and pieces of functionality that could be added on?  You said a moment ago that different people access this and use it in different ways depending on their personal situations. Has looking at that given rise to thoughts about expanding the functionality of the tool?

Dan Greden:  Oh yeah, we have a very long list of enhancements on our product plan in the forward years.  I think the best way to describe it is our plan, which is based on an assumed evolution of this because it’s a new tool right now, is just simply building awareness of the tool and what it can do for people.  So a lot of more recent enhancements have been to help people delegate access to a record or bring other people to access their record.   You know, we just talked about how there is a tool for a member to delegate access to their physicians but we haven’t talked about a new capability we launched where a member can delegate access to their family members.  So, for example, I went on when we shipped this enhancement a few months ago, and all right, now my wife can access my record.  I don’t know whether she has done the same for me, and I have to check, but what's interesting about that is if a member does that and their spouse or other adult dependent for whatever reason isn’t registered on our websites yet, we built it in such a way that they can invite that member by sending an e-mail to any e-mail address that’s from the member themselves and it’s an invitation to come online with Aetna and access their PHR.  We borrowed from a lot of other social networking sites, such as Facebook, in designing that so our focus has really been on how do we just create awareness in that initial experience with the PHR and then down the road we’ll be building a lot more integration of the PHR to other activities within the health plan.

David Harlow:  I see.  The other area that I was interested in thinking about here is plans for the future in the context of new legislation.  Now I know it may be too soon to be planning this out since I don’t think the legislators who voted on this have even read it yet – let alone the rest of us.

Dan Greden:  It’s my sense that it’s very directional at this point but more detail to come.

David Harlow:  Right.  There are a couple of areas that I did want to sort of explore with you a little bit. The first of those has to do with security, the online security of this information, which I imagine has been a big part of the design upfront.  The HIPAA regulations in the future look like they will have more technology-specific direction in there whereas up until now it’s really been technology-agnostic, if you will, and HHS is being directed to come up with more specific requirements that will be updated on an annual basis in conjunctions with industry stakeholders.  So as an industry stakeholder, I am wondering if there is a particular architecture that you are more comfortable with, or security architecture and systems, and whether you have some cause for concern where this could be changing on an annual basis.

Dan Greden:  Again, it’s really too early to have concern but I know that in our case we have invested heavily in security not just in the technology framework but also in operational protocols and protections and processes, long before we even had our PHR, so what we found is that this is a logical extension to our security environments already.  I know that in the case of the data-sharing work that we have done is part of the AHIP working group, the America's Health Insurance Plans working group, I think that was a very good approach in defining an industry standard that works well amongst the larger community of stakeholders and so if we see something like that evolve out of this I expect that would be constructive.

David Harlow:  Yes, and hopefully that will evolve.  As you said, it is very early.

Dan Greden:  One thing I also see is that something like a PHR – obviously not limited to that --  this is very new to everybody and so it’s an opportunity for the whole healthcare community to really raise awareness among the rest of the population that doesn’t think about this stuff all day long, to explain the benefits and so on.

David Harlow:  Right.  Now one of the other issues that jumped out of me was a section of the new law that addresses the ability of an individual to restrict access to information in his or her medical record, and that is a patient can ask an individual provider not to share information with insurance companies if it’s not for purposes of treatment or payment, and I imagine that currently the PHR that you describe, that you are using, captures a lot of such information and I am wondering whether you have had any pushback or feedback from members about what information should or should not be in this PHR?

Dan Greden:  In the way we approach that is, once again, we make it clear over and over again that the patient or our member owns their record.  They are in control of it.  They are in control of what’s in it.  They are in control of who sees it.

David Harlow:  Yeah.  You are much clearer about that than many others.

Dan Greden:  Yeah, that’s true, and I think there are a few reasons for that.  I mean, we are not a hospital, so I think potential confusion about the ownership of data that others might have doesn’t exist for us.  In terms of the details of the language, we already support the idea that a member can choose to not share parts of the record or does not just share the record at all.  We even have built the capabilities, say for whatever reason the member wanted to exclude parts of the record from a specific delegation, a specific sharing, they can do that.  So I think generally it’s consistent.  I would add that we encourage sharing the whole record.  A lot of what we are doing here is trying to encourage more open and constructive dialogue about members’ health but -.

David Harlow:  It’s hard to connect the dots if you don’t have access to all of them.

Dan Greden:  Yeah.  I will also give you a very specific example of how we really pushed for some of that. You know, state privacy laws are such that there is a lot of information about minors that can’t be disclosed to anyone by us, including their parents.  So we built, instead of taking the choice and saying all right, well we just, parents can’t access their minor child’s PHR, which obviously isn’t the right thing for a lot of people, we started to build some additional capabilities in order to comply with state privacy laws where types of information that are specifically addressed in the law are filtered out of the view, and the parent is still seeing ninety-eight or ninety-nine percent of most records but specific content about whether it would be reproductive help or substance abuse treatment that state law, state privacy law explicitly addresses, that’s filtered out; so we get the benefit for the vast majority of the people by still having parents be able to access minor child’s PHR and still complying with state privacy law.  To build that capability, we had to spend some of our resources, but we felt it was the right thing.

David Harlow:  Sure.  So that can be applied to any of these other situations where disclosure will be limited or information can be customized to different providers or different folks that would access the information?

Dan Greden:  That’s right and from my perspective the fact that the legislation doesn’t even have  -- fostering the discussion of this is a great thing.

David Harlow:  Yeah, is it your sense or do you just say that you know it would make sense for people to share information more clearly, do you have a handle on whether that is in fact what's being done or whether people are keeping some information close to the vest, if you will?

Dan Greden:  Yeah, in our case a lot of the sharing features are fairly new so it’s hard for me to know.  I don’t have enough data to really draw any conclusions yet but what I can tell you is that when it’s shared, sharing it by paper is still the most common.  It’s an interesting thing, but when we did research not long ago, the vast majority of physicians, even those that practice in an environment that have an EMR, use paper so you know -.

David Harlow:  I am familiar with that in my own paperless office here -.

Dan Greden:  Yeah exactly I have piles everywhere in mine -.

David Harlow:  So that’s the mode of communication.  It’s interesting.  There is a physician module for this, is there not?

Dan Greden:  Well, the way it works is, through Aetna’s provider or physician portal,  we’ve added the delivery of the PHR onto existing workflow that was already built there, so in other words our assumption, our view on this is that we don’t want to ask our providers to take an additional step so when they are -.

David Harlow:  You don’t need to log in somewhere else?

Dan Greden:  Oh gosh, no, they log in the same place and when they are doing other work that they already need to do with us such as verifying eligibility of one of their patients for coverage, in some cases submitting the claim, as they do those other steps we can layer delivery of a personal health record onto that activity without them really having to do any additional work.  You know, classic scenario is, a member of the staff goes in the morning of the appointment, the night before, verifies that there is coverage in place and they verify the eligibility and if the member has delegated the PHR to that physician it’s delivered via that same activity.

David Harlow:  Right.

Dan Greden:  And just to close the loop, what we find is they told us: Yup, and we print it out and we stick it in the folder along with everything else so -.

David Harlow:  I understand  it’s a work in progress and I guess I have asked this another way before, but do you see sort of a particular growth curve in terms of additional functionality or additional utilization by patients and physicians?  This has sort of taken off in the past year and do you see it continuing to grow, or sort of leveling off in the next year or so?

Dan Greden:  No.  I think we are really just getting started in terms of the people who can really benefit from a PHR becoming aware of these tools and what they do.  I’m not one who believes that a PHR is valuable to everyone though, I think -.

David Harlow:  I was just going to ask that, is it the goal to have a hundred percent adoption?

Dan Greden:  No I would think there are better ways that we can engage those -- we call them young and invincibles -- but realistically some are at a point in their life where for whatever reason they are not even generating medical claims -- obviously we would like if they were doing their preventive care but you know there is a lot of our population who just don’t use their clinician resources and medical resources at all.  We have different ways to engage them that are more effective and more relevant than the PHR, but I think we are really still at the beginning of getting the part of the population that would benefit from the PHR to understand what they are, understand that they have one and then try it and see how it delivers value for them.  In our case, we are continuing to deploy this tool pretty rapidly, but last year -- you know, I think we touched on these numbers earlier --  we went from around a million at the very beginning of ’08 to over seven at the beginning of the year.  We were just deploying it aggressively. We are getting past the mid point so that’s going to slow down then we will start to see a lot of these people who have gotten it recently, have it for some time, have the marketing that we have in place to make them aware would start kick in but we are already seeing a pretty nice growth in the awareness and the adoption.

David Harlow:  Yes, well, very interesting.  It sounds like a very valuable program as it’s being rolled out.  Well thank you.  I have been speaking with Dan Greden, head of eHealth at Aetna.  This is David Harlow on HealthBlawg, and once again, thank you, Dan.

Dan Greden:  Oh, you’re welcome. Thank you.

February 09, 2009

Transforming Healthcare Summit in Boston February 26

I hope to see local readers February 26 at the Transforming Healthcare Summit.  On the program:  Jim Roosevelt (Tufts Health Plan), Charlie Baker (Harvard Pilgrim Health Care), John Glaser (Partners Healthcare), Jonathan Bush (Athena Health) and more.  Check out the blog put together by Steve Wardell, consider my two cents (and others') on what Obama should focus on in health care, add your own two cents in the comments, and submit and/or vote on questions to be put to the panel.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

January 19, 2009

Blue Cross Blue Shield of Massachusetts and Tufts Medical Center reach agreement

Drawing a line in the sand seems to be working.

Thanks in large part to the current environment (I'm referring to the chill brought on by the recent Boston Globe spotlight series), Tufts Medical Center has apparently improved its position and has inked a deal with the Blues.  No public word on the details, but there must be significant upside potential for Tufts under its new alternative contract.  The Blues are pushing this alternative contract (the latest euphemism for capitation) for all provider systems, but it hasn't exactly been taking off.  It is not an unreasonable reimbursement system -- sharing risk with providers, and offering quality-based bonus opportunities -- but provider organizations (including BIDMC, for example) are still wary, even if open to the conversation.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

January 06, 2009

The Massachusetts provider-payor ultimatum: deja vu all over again

Today's Boston Globe reports that Tufts Medical Center will not accept Blue Cross Blue Shield of Massachusetts insurance after the end of this month, saying the rates and contract offered would yield continuing losses.  The Blues say it's a negotiating tactic. 

Thanks to recent press the Blues and Partners have been getting (see HealthBlawg post on Partners and Blue Cross issues, with link to Globe spotlight team story) the tactic has a better chance of working than it did eight years ago, when Tufts CEO Ellen Zane was in the Partners camp, and Tufts Health Plan (no relation) said it would not accede to Partners demands for higher rates.  See the Boston Globe story on the previous negotiation here (subscription or archive fee required) or here, courtesy of Harvard Pilgrim Health Care, which was eager to scoop some Tufts subscribers at the time. 

Excuse the Molière-like aside from an aside, but it's also worth noting that Harvard Pilgrim CEO Charlie Baker, who would have welcomed the Partners-Tufts rift in 2000, and would certainly now prefer not to have to meet the Blue Cross-Partners price increases, got into state health care policy-making positions partly on the strength of his think-tank work calling for the abolition of state-run hospital rate-setting regulation.  (The Massachusetts Division of Health Care Finance and Policy is fondly known around these parts to some of us as the Agency Formerly Known as the Rate Setting Commission; Charlie held a number of positions in Republican administrations in Massachusetts, including Secretary of Health and Human Services.)  While much has happened in the intervening years (deregulation of other aspects of the health care marketplace, consolidation of providers into systems such as Partners, among other things), rate deregulation is one of the factors leading to current higher reimbursements to providers, which translates directly into higher health care insurance premium costs.

The invisible hand hasn't been doing too well by the health care marketplace.  The question of the moment -- to mix some metaphors -- is whether the Obama administration (or, on a local level, the Patrick administration) will be able to turn that supertanker around without breaking it up.  

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

December 22, 2008

Partners Healthcare, competition, regulation, and the redeeming virtues of robust quality and cost data

The Boston Globe Spotlight Team had another installment of its Partners Healthcare saga in Sunday's paper.  The general gist: Partners horning in on community hospitals in their home commmunities, Jack Connors (board chair at Partners) extolling the virtues of the free market (with some less-than-kind words for the competition), community hospital execs and other partisans questioning the appropriateness of Partners' expansion.  See Kevin, M.D.'s cogent summary and commentary as well.  As some have noted, this isn't exactly news, but I'll take it as an opportunity to make a couple of points.

Beverly Hospital, complaining about Partners horning in, did the same on a smaller scale, competing against smaller North Shore facilities.  So it may not be Beverly's place to complain at this stage of the game.

Nevertheless, the question is raised: should health care resources be developed in an unregulated manner?  Is this really an enterprise appropriate for the free market?

As an unreconstructed former certificate of need lawyer for the Commonwealth, I would have to answer: Not yet.

Frankly, we have all seen quite recently and quite vividly the havoc wreaked by the private sector let loose in the until recently unregulated, or under-regulated, banking, financial services and auto industries.

Viewed from the health care system level, it is apparent that there is an appropriate level of health care resources that ought to be made available to the residents of the Commonwealth, and that if more are made available (in a certain specialty or in a certain geographic area), we enter the Field of Dreams school of health care planning ("if you build it, they will come") -- and we will all, collectively, get socked with the bill, because most, if not all, of these services come with a whole host of fixed costs that are added into the cost of health care in Massachusetts whether they are fully utilized or not.  Thus, the costs of the "old" service as well as the cost of the "new" facility built across town end up dragging us down.  As I never tire of saying: in a perfect world, I'd rather see excess health care dollars spent on childhood vaccines and other primary and preventive care.

Massachusetts'  legislature and Department of Public Health have responded to the latest rash of providers with an edifice complex by reinstituting determination of need jurisdiction for certain outpatient facilities (those with a price tag of $25 million or more), but the regulations are too little, too late; the facilities described in the Globe article (and others) all predate the new law or are grandfathered by its provisions.

Is there a role for competition in health care markets?  I would agree with Kevin Pho (see link above) and say that there is, but that the currency on this field of play (to mix metaphors) should be cost and quality, not economic market power.  Massachusetts is taking some baby steps in this direction, with the recent launch of the Massachusetts Health Care Quality and Cost Council website, MyHealthCareOptions.  That site is a work in progress, but it shows promise.

If health care purchasing decisions may be de-linked from brand-name marketing and linked instead to cost and quality indicators, I would have to believe that all players would be reasonably satisfied.  Teaching hospitals need not compete on cost for routine procedures, and community hospitals need not compete on quality for procedures on the bleeding edge. 
For a time, the thinking was that third-party payors would be able to incorporate cost and quality factors into the calculus to such a degree that CON jurisdiction could be cut back appropriately.  The legislature has recently expanded that jursidiction (as discussed above), judging that we aren't there yet.  In the presence of a robust market with providers competing on the basis of cost and quality, and ultimate health care payors having sufficient information on which to base purchasing decisions, CON (or as we say here in Massachusetts, DON) wouldn't be necessary, and we'd hear less crowing and whining.  

Update 12/29/08:  The Boston Globe comes back for more, alleging an antitrust violation in an unwritten agreement between Partners and Blue Cross Blue Shield of MA.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

December 15, 2008

Massachusetts Health Care Quality and Cost Council: Quality and cost transparency or veils?

One of the much-ballyhooed (and predictably delayed and diluted) innovations of the 2006 Massachusetts health care reform and universal access law is the development of an online resource providing cost and quality data in a consumer-friendly format.  MyHealthCareOptions debuted last week (see HCQCC press release).  After taking it for a spin, I must express my disappointment with the current state of affairs.

The site does not provide very much meaningful data.  For example, hospitals' differing rankings on quality of care are mostly undercut by notes saying that the differences are not statistically significant.  In other cases, both cost and quality data are unavailable.  In any event, cost data are not given in dollars but in ranges ($, $$, $$$, etc.), and quality data is given in the form of star ratings, as a result of the long negotiations among payors, providers and the state agency, as is par for the course in this sort of cost and quality disclosure exercise.

Many of the categories of data described on the site are empty -- I hope they are placeholders for data to be provided in the near future, but I am concerned that the data will not be forthcoming.

Even if the site were more fully realized, how would it affect health care purchasing behavior?

Except for the tiny minority of patients with truly consumer-directed health care (e.g., gold-plated indemnity plans or high deductible health plans combined with health savings accounts and no network restrictions) patients go to health care providers based on referrals from their primary care providers, within networks defined by their health care insurers.  The health care insurers that had the tiny bit of data on the new website coaxed out of them have much more data available in-house, and they have been using this information for years on developing provider networks and encouraging utilization of an appropriate mix of highest-possible-quality, lowest-possible-cost providers, consistent with the demands of patients and premium payers for world-class health care in teaching hospitals and at their affiliated providers.

In sum, cost and quality transparency won't change health care purchasing behavior unless the data provided is much more robust and employers and other premium payors are in a position to demand that health care insurers change their contracting practices.  Unfortunately, I do not think that the data will be much more robust in the near term, and I do not think that any employer or health plan will be prepared to engage in development of tiered health plans, restricting access to certain groups of providers.

Cost and quality transparency will change behavior only if there is a sea change both in the quality of this data and in the impact of the health care purchasing decision on the patient's pocketbook. 

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

December 09, 2008

Stay Smart Stay Healthy: Humana's adventures in YouTube for the short of attention span

Humana purports to cut through all the jargon and traditional media with a new series of faux naif video clips on YouTube accessible through the managed care giant's Stay Smart Stay Healthy web site, which tells us:

In the old world, companies tried to explain health insurance through complex brochures or some other kind of traditional media filled with industry jargon and littered with “legalese.” This is one of the main reasons consumers fail to understand their health insurance. We, the industry, just don’t make it easy.

Today, consumers are increasingly filtering out complex messages, in favor of clearer, more relevant ones delivered through new, engaging mediums of communication. Recognizing this, Humana is now exploring non-traditional avenues to influence consumers’ mindsets and behaviors.

Stay Smart Stay Healthy is a Humana new-media venture designed to deliver guidance, and to support awareness and understanding of the healthcare industry. Our goal is simple: to educate consumers on the healthcare system by removing the usual complexities and replacing them with an informative and engaging series of videos.

Why read your subscriber agreement or a summary when you can watch a "new media" video?

The videos are undeniably clever and engaging, and they do contain some valid information.  (I'm making this blanket generalization after watching only the latest addition to the series -- the tenth video, on Medicare.)  However, at least this most recent video includes the managed care organization point of view slipped in -- not-so-subtly -- among the "facts."  Specifically, the clip explains Medicare Advantage as managed care for Medicare beneficiaries that reduces cost and improves quality.  Of course, Medicare Advantage is also a program that provides an essentially guaranteed profit margin to (mostly) for-profit managed care organizations.

The installment on "Why Is Health Care So Expensive?" was similarly deconstructed by Michael Miller at his Health Policy and Communications Blog, one of the other bloggers apparently getting the Humana email updates on this series.

It will be interesting to see whether this series of videos will spawn replies or parodies, as often happens on YouTube.  Once "old economy" companies engage with "new media," they no longer control the discourse.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

December 05, 2008

UnitedHealthcare: Stranger than fiction

Uninsurance insurance.  Yep, that's the latest arrow in the quiver of health care insurance giant UnitedHealthcare.  As it loses covered lives thanks to layoffs of folks insured through employer-sponsored plans, UHC is looking to pick up a few bucks by selling insurance to folks who are currently insured but fear they might not be at some time in the future.  By paying 20% of what their health insurance premiums would be, folks can lock in access to health insurance in the future having to worry about pesky details like pre-existing conditions and personal risk profiles that would pump up premiums in non-community-rated jurisdictions.

At least two fellow Health Wonks have weighed in already: Bob Laszewski lays bare the folly in this endeavor in a Julie Rovner piece on NPR, and Joe Paduda shakes his head in wonderment at Managed Care Matters
. 

Here's the thing: between COBRA (which lets you buy continuation coverage post-employment at essentially the same rate -- yes it's expensive, but it's no more expensive than what UHC is offering to guarantee access to), and the right under HIPAA to buy insurance individually or through a new group plan even after a gap in coverage if you have sufficient "creditable coverage," with no pre-existing condition exclusions, most bases are already covered.

UnitedHealthcare's move looks to be a cynical combination of fearmongering and a bet against meaningful health care reform under an Obama administration.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

November 26, 2008

Engage With Grace

As patients, as family members, as friends, as health care providers, we have all faced end-of-life issues at one time or another, and we will face them again.  And again. 

This weekend, the "Engage With Grace" message is being broadcast virally, through a "blog rally," at a time when many people are with family and friends over the long weekend.  (Thanks to Paul Levy and Charlie Baker for getting the issue out of the blogosphere and onto page one of the Boston Globe today, too.)  The point is: we all need to have the potentially uncomfortable conversation with people close to us about what kind of treatment we would want, and they would want, if incapable of making or communicating health care decisions.  (If you really want to monopolize Thanksgiving dinner conversation, you could also start the family health history conversation being promoted by the Surgeon General.)

End-of-life decisionmaking has long been an issue of great personal and professional interest to me, and I am proud to have played a role in having out-of-hospital DNR orders recognized in Massachusetts by EMS providers, as an example. 

Download your copies of the Massachusetts health care proxy form or other states' proxy or living will forms -- and add specific instructions about nutrition, hydration, and anything else that is important to you so that everything is crystal clear.  My mom kept a stack of living will forms in the dining room when I was growing up, and was not shy about raising the issue with dinner guests and offering to witness their directives.  Having the conversation is a starting point; we all need to follow through and make sure that our loved ones' wishes are documented, placed in medical records, discussed with physicians and other caregivers, and honored. 

When I have the opportunity to speak to groups of lawyers or health care providers, I often ask for a show of hands: how many of you have health care proxies?  The percentage seems to have increased over time, but it is still not where it needs to be.  If groups that should be above average in this respect are not all raising their hands, then we clearly have a lot to do in terms of educating the general public about the need to have the sometimes difficult conversation with friends and family members.  That's what the Engage With Grace project is all about.  And with that, I turn over this post to Engage With Grace:

*    *    * 

We make choices throughout our lives - where we want to live, what types of activities will fill our days, with whom we spend our time. These choices are often a balance between our desires and our means, but at the end of the day, they are decisions made with intent. But when it comes to how we want to be treated at the end our lives, often we don't express our intent or tell our loved ones about it.

This has real consequences. 73% of Americans would prefer to die at home, but up to 50% die in hospital. More than 80% of Californians say their loved ones "know exactly" or have a "good idea" of what their wishes would be if they were in a persistent coma, but only 50% say they've talked to them about their preferences.  But our end of life experiences are about a lot more than statistics. They're about all of us.

So the first thing we need to do is start talking. Engage With Grace: The One Slide Project was designed with one simple goal: to help get the conversation about end of life experience started. The idea is simple: Create a tool to help get people talking. One Slide, with just five questions on it. Five questions designed to help get us talking with each other, with our loved ones, about our preferences.

And we're asking people to share this One Slide - wherever and whenever they can.at a presentation, at dinner, at their book club. Just One Slide, just five questions. Lets start a global discussion that, until now, most of us haven't had.Here is what we are asking you: Download The One Slide and share it at any opportunity - with colleagues, family, friends. Think of the slide as currency and donate just two minutes whenever you can. Commit to being able to answer these five questions about end of life experience for yourself, and for your loved ones. Then commit to helping others do the same. Get this conversation started.

Let's start a viral movement driven by the change we as individuals can effect...and the incredibly positive impact we could have collectively. Help ensure that all of us - and the people we care for - can end our lives in the same purposeful way we live them. Just One Slide, just one goal. Think of the enormous difference we can make together.

(To learn more please go to www.engagewithgrace.org. This post was written by Alexandra Drane and the Engage With Grace team)

*    *    *

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

November 23, 2008

Medicare managed care, high costs, and the blame game

Robert Pear's piece in Sunday's NY Times is about the bajillionth article or MedPAC report recounting the fact that Medicare Advantage and Medicare fee-for-service plans cost the federales more than traditional Medicare -- 12% more and 17% more, respectively -- and it points to some Health Affairs papers on Medicare managed care that will be released on Monday. 

The campaign trail was littered with candidates' plans to bring fiscal discipline to the Medicare Advantage and Medicare fee-for-service plans, due to the spotlight shone in recent times on these excess payments, and also on the "slamming" or "cramming" hard-sell tactics of some brokers who pushed elders into Medicare fee-for-service plans that may not have been right for them.  Descriptions of these tactics have led to stricter marketing regulations.

It seems that what's lacking in the discussion is an emphasis on how we came to this pass: It is important to remember that Medicare Advantage started life as "good" capitation, with Medicare laying off risk to HMOs at 95% of average Medicare fee-for-service costs.  The Medicare Advantage plans and, to an even greater extent, the Medicare fee-for-service plans, exploded in volume after Congress managed to turn the program inside out by authorizing payment at higher rates.

Congress and the new administration have a ton on their plates, but rolling back Medicare payments to private plans to the 95% of cost levels would be an easy win, would maintain appropriate levels of care and care coordination -- one of the good things about "good" capitation -- and Obama and Daschle have indicated their interest in moving in the right direction. 

Update 11/24/08:  The invisible hand sees the writing on the wall too.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

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