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March 31, 2009

Health insurance mandates: Geez, good thing Obama isn't pushing them, 'cause he'd get tied up in litigation for forever

San Francisco's municipal health insurance mandate is in the news again this week.  The 9th Circuit Court of Appeals upheld the mandate in September (after sturm und drang and litigation over the San Francisco health insurance mandate going back almost two years now), and the local restaurant association has taken the fight to the Supremes.  The association suffered a setback this week, as the high court refused to enjoin enforcement of the law pending appeal.  We'll see this fall whether the Supremes will hear the case.  The program has extended health benefits to tens of thousands of folks, and is set to underwrite some new clinics as well. 

The challenge comes out of the arcane left field that is ERISA pre-emption jurisprudence.  The Circuit Court's response last fall, per the local paper:  "San Francisco was exercising its legal authority to protect its residents' welfare and was not regulating employee benefit plans, because employers have a choice of insuring their own workers or paying a fee to the city."

As I've observed before, the fact that an ERISA challenge has not been brought in Massachusetts is a testament to the coalition-building that went on across all sorts of lines before the Massachusetts plan was enacted.  For all its faults, the Massachusetts experience -- like the San Francisco experience -- serves as a laboratory environment in which experimentation is taking place.  Here's hoping that a workable national health care reform plan -- backed by a solid coalition -- comes out of all these experiments and the continuing national discourse on the subject.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

March 30, 2009

David Harlow quoted on OIG Advisory Opinions in Part B Insider

I spoke last week with Torrey Kim, editor of Eli's Part B Insider, to offer some practical advice about seeking an OIG advisory opinion.  See the story on page 3 of the current issue.  The lead story in this issue touches on the FTC Red Flag rule, which interacts with HIPAA as well -- check it out, and see the HealthBlawger's take on HIPAA and the FTC Red Flag rule too.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

March 27, 2009

HealthCamp Boston - April 21

Together with Mark Scrimshire, Shwen Gwee, and Joe Cerro, I am working on planning an upcoming un-conference: HealthCampBoston, to be held April 21, 8:30-4:30 in Cambridge, MA (the day before Health 2.0 - Boston).  Contact me or any of the other planners via twitter or via the wiki linked to below. 

Here's the blurb:

HealthCampBoston and SocialPharmerBoston present a joint un-conference that will be looking at the use of Social Networks, Open Standards and the latest Internet and Mobile Technologies in the transformation of Health Care.

This is a collaborative meeting that seeks to bring together interested people from all sectors of the Health Care and Pharma industries - and beyond - to consider how all parties involved in Health Care can transform the industry and create a more inclusive, participatory structure that focuses on health, wellness and disease prevention.

The event takes place at the Microsoft New England Research and Development Center in Cambridge, MA. The organizers wish to thank Microsoft for their generous sponsorship of this event.

To get involved as a volunteer, register on the wiki. Volunteers will be contacted for assistance in the near future, and may contact any one of the planners listed on the wiki for info on regular planning conference calls. Registration is live at EventBrite 3/26 for friends/supporters, and will open 3/30 for general registration.

Wiki: http://barcamp.org/HealthCampBoston

Registration: http://healthcampboston.eventbrite.com

Please help spread the word.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

March 23, 2009

David Harlow reprises Social Media for Lawyers presentation at Boston University

I'm proud to be a part of the Massachusetts Bar Association Law Practice Management section which, under the leadership of co-chairs Alan Klevan and Rodney Dowell, has set a high bar for programs and publications.  I've been involved in a couple of LPM's downtown and law school programs, and contributed one of the recent publications (twitter for lawyers).  This evening I will be participating in the LPM Going Small or Solo program for law students and alumni at the Boston University School of Law.  My presentation, Marketing Your Legal Practice Using Social Media, complete with links to useful resources, is available here for your viewing pleasure.  Please let me know what you think.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

March 19, 2009

Health Wonk Review: Spring has just about sprung

Michaels S C Welcome to Health Wonk Review, where everyone is above average.  We enjoy above-average health care costs per capita, above-average uninsured rates, and above-average obsession with health care reform.  That's what it's like today in America.  Our president has said, Change has come to America.  In the words of Robert Hayden's [American Journal]:

america     as much a problem in metaphysics as
it is a nation earthly entity an iota in our
galaxy     an organism that changes even as i
examine it     fact and fantasy never twice the
same     so many variables

Like Schrodinger's cat, America's health care system seems to change in the changing light as we examine it; one thing we can all agree on is that it needs some work. 

Franz Kline Steve Martin We begin with some broad brush strokes on form and amount of spending:

Len Nichols presents HEALTH REFORM: Moving Past the Impasse on the Public Plan | New America Blogs posted at New Health Dialogue

Maggie Mahar presents Health Beat: Thinking About Dr. Atul Gawande’s Congressional Testimony Part 1: Why Health Care Reform Will Require Additional Spending at Health Beat.

Lewis Hine Mechanic One cost, no matter what the payment system, is labor.  Lynn Nicholas, President of the Massachusetts Hospital Association writes about some pending changes to labor laws that might make it easier for labor to unionize, presenting the favored position of a non-union shop as one of worker, rather than employer, preference.  See Keeping Communication Lines Open in the Healthcare Labor Debate at CommonHealth, the Massachusetts health care reform blog of WBUR (a Boston NPR affiliate).

Who Will Pay for Prescription Drugs? asks Adam Fein at Drug Channels. CMS projections show that the government will have a very strong hand in managing retail drug spending and shaping the future of drug channels.  How will that affect pricing and R&D?  Richard Fogoros (DrRich) presents A Brilliant Plan For Preserving Pharmaceutical Progress at The Covert Rationing Blog, saying, The title says it all. Can we have our cake (drug price controls) and eat it too (continue drug innovation)? DrRich says, yes we can!  Check out his proposal.

Pills My dad used to say he wanted to listen to a radio station that broadcast only good news (not Good News, just good news).  Merrill Goozner, of GoozNews, suggests this week that there ought to be a journal dedicated solely to publishing negative results -- as soon as they're known -- as he is all hopped up due to delayed publication and/or suppression of data on adverse effects of drugs.  These issues in general, and a couple of current cases he discusses, have policy implications for the new leadership at the FDA.

At InsureBlog, Mike Feehan has a piece on Wellpoint's recent spinning off of its in-house PBM, About Wellpoint's PBM Auction, and future implications for prescription costs.

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Ill and Uninsured in Illinois gives us a simple but eloquent presentation of the difficulty of accessing specialty care while uninsured: The Wait for Cook County Health Care.

At the other end of the spectrum, Health Access WeBlog's Beth Capell asks What are gold-plated benefits anyway? An interesting question, now that the president has indicated that he is open to signing a bill including taxation of health benefits.  (As an aside, Obama's approach -- White House Health Care Summit with stunning transparency, concluded with an invitation to Congress to send him a bill consistent with the policies he articulated throughout the campaign -- is both a refreshing change from the Clinton years and a strategy likely to insulate him from criticism on the exact contours of the plan when it reaches his desk.)

Mao_tse_tungJared Rhoads presents Less government, not more at The Lucidicus Project, discussing the recent report by Physicians for a National Health Plan (the single payor proponents).  I spoke with PNHP's David Himmelstein a little while back, and while he has a compelling argument for adopting a single-payor plan in this country (the savings would be impressive), I still believe that the more pragmatic approach is to make incremental changes in the system before us. 

Taking our cue from Dr. Himmelstein, we begin a bit of a grand tour by visiting our neighbor to the north. 

North of the border, Sam Solomon asks Can Canadian doctors fire their patients? at Canadian Medicine, and says in short, yes, but carefully.

At BNET Healthcare, Ken Terry writes that Massachusetts Needs to Deal With Primary Care Crisis, saying that while proponents of the healthcare reform program in Massachusetts tout it as a model for the entire country, and detractors point to the program's rapidly rising costs, neither side is really focusing on the need for better access to primary care in the state. He also observes that retail clinics are expanding in Massachusetts, and community health centers are pulling in federal cash for expansion.  One observation: retail clinics in Massachusetts are not currently expanding as they cannot find nurse pratitioners to hire.  Also, on a national level, Minute Clinic recently shuttered 90 sites for the season.  Even if they were growing, they are no substitute for primary care.

Looking at a new model of physician practice -- available 24/7, untethered to most of the traditional trappings of a physician practice (including that old-fashioned trope of accepting insurance payments), Ted Eytan, MD is Now Reading: Take Two Aspirin And Tweet Me In The Morning: How Twitter, Facebook, And Other Social Media Are Reshaping Health Care.

Great_Dictator_globe_scene_academy_print_bigGrrlScientist shares her overseas medicine story, Finnish Emergency Medicine: One American's Experience at Living the Scientific Life.  Seemed to work well for her without instantaneous contact back home.  (See my own tale of a close ecounter with an overseas health care system last year as well.)

Here at HealthBlawg, I recently interviewed the CEO of Satori World Medical, a medical tourism company that offers a twist: through an HRA, it funds patients' future years' insurance premiums with a portion of the savings their employers or insurers enjoy as a result of their overseas medical procedures.

Closer to home, many doctors are now leery of online ratings sites, and have started using a service, Medical Justice, to get patients to agree not to post negative reviews as a condition of being taken on as patients.  Dmitriy at Trusted.MD has been following this issue for a while and offers some insights.

Marx Brothers (A Day at the Races)_04_scrubbed_in Jaan Sidorov presents The Worrisome Outpatient Trend: What Does Disease Management Have to Offer? posted at Disease Management Care Blog.  Chronic care consumes 75% of the health care dollar in this country, and needs to be better managed.  Outpatient chronic care is a significant part of the equation.

Care management is also the theme of Julie Ferguson's post on The effect of obesity and other comorbidities on workers comp at Workers' Comp Insider.  In light of a new report which shows that workers comp medical claims can cost three times as much when the injured employee is obese, she makes the case for breaking down the silos between employer-based occupational health and general health programs.

David Williams' post on Wal-Mart and eClinicalWorks over at Health Business Blog concludes with a healthy bit of skepticism about this new EHR offering to small physician practices.

Using the cost per doc put out by Wal-Mart, John Moore does some calculations, and shows in his post The HITECH Challenge: Is $19B Enough to Drive HIT Adoption at Chilmark Research that docs getting wired and getting HITECH incentive dollars will be engaged in a money-losing proposition -- they'd actually be better off financially not implementing EHRs and getting hit with the penalty a few years down the road. 

Speaking of Wal-Mart, it bears mentioning that this day in history marks the anniversary of the Civil War Battle of Bentonville (No, not that Bentonville; the battle was in North Carolina.)

Tinker Ready, at Boston Health News, shares some insights from John Glaser, CIO of Partners Healthcare, on getting HIT right.

Shahid N. Shah presents Client/Server vs. ASP/Web-Based in Healthcare IT posted at The Healthcare IT Guy, since with the HITECH Act and stimulus bill making news, many users are asking if they should purchase software and use it on premises or if they should use a "cloud" package or an ASP/web-based solution.

Metropolis5 In addition to jump-starting HIT, current legislation is giving a boost to research funding.  One pot of funds is time-limited; Glenn Laffel looks at Beaker Ready projects ready for NIH funding at Pizaazz.

Jason Shafrin reviews some of the pros and cons of establishing a government body to conduct cost effectiveness research in Should the U.S. get NICE? at Healthcare Economist.

In The Color of Money: What Sort of School Doesn't Pay Its Faculty to Teach? Roy Poses at Health Care Renewal puts academic medicine on the spot, saying that some leaders have abandoned core missions in favor of collecting "taxes" from medical faculty, which makes faculty more dependent on commercial interests.  Strong words indeed, and an issue that needs to be rolled out front and center together with other payment issues if there is to be a wholesale revamping of health care financing in this country.

For those brave enough to enter the land of credit default swaps, Joe Paduda, at Managed Care Matters, examines the reasons for propping up AIG and why it may fail anyway.

And finally, to leave you with some doom and gloom from The Health Care Blog to ponder, Brian Klepper and David Kibbe ask Is the healthcare economy rightsizing?

Thanks for visiting HealthBlawg for this edition.  Please see me on twitter too, and join us again next time for Health Wonk Review.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

March 13, 2009

Massachusetts Code of Conduct finalized for Pharma, device manufacturers, health care providers

The code of conduct adopted in Massachusetts is the most restrictive set of rules in the nation, crows the Department of Public Health, and mutters the industry.  The final MA pharma and medical device conflict of interest rule is posted on the DPH website, together with related comments, memos and presentations.  In brief, the rule "sets out what is and is not permissible for pharmaceutical and medical device manufacturers with respect to providing meals, sponsoring continuing medical education and other conferences, and otherwise providing payments or other items of economic benefit to Massachusetts health care practitioners."

Some fear the new regulations will lead to a drop in medical conferences held in Massachusetts, further battering the local economy.

Some wonder whether they would have helped nip in the bud past medical research fraud (probably not).

So what do they do?  They implement part of the Massachusetts health reform law, part 2, so much of the commentary ought to have been (and was) directed at the legislature a while back, before it took action, and not at DPH, which is essentially just implementing the legislation.  The rules build on PhRMA and AdvaMed codes of conduct, but do go a wee bit further.  In DPH legalese:

Chapter 111N and 105 CMR 970.000 regulate pharmaceutical and medical device manufacturer conduct in three ways, requiring pharmaceutical and medical device manufacturers to:  (1) adopt and comply with a state-authored code of conduct, (2) provide compliance information to the Department, and (3) disclose sales and marketing related payments to covered recipients. Sections 970.006-970.008 of the Department’s proposed regulations set out what is and is not permissible for pharmaceutical and medical device manufacturers with respect to providing meals, sponsoring continuing medical education and other conferences, and otherwise providing payments or other items of economic benefit to Massachusetts health care practitioners.  Additionally, the Department’s proposed regulation outlines the statutory compliance directives in Section 970.005 and interprets the contours of the disclosure requirements for pharmaceutical and medical device manufacturers in Section 970.009.  Finally, the Department’s proposed regulation reiterates the penalties outlined in Chapter 111N and provides procedures for enforcing the code of conduct, compliance and disclosure requirements of 105 CMR 970.000.  The Department’s proposed regulations seek to address potential undue influence in interactions between pharmaceutical or medical device manufacturing companies and health care practitioners, and increase transparency with respect to such relationships without compromising Massachusetts health care consumers’ access to clinical trials and new discoveries and treatments arising from legitimate and beneficial industry interactions with health care practitioners.

See the final reg hotlink above for the full memo, FAQs, the full text of the regs, a presentation outlining the regs and comparing them with other states' regs, etc.

There's a lot to digest here.  Bottom line: Massachusetts may be in the vanguard on this front, but the industry and the rest of the nation will be following right along, as the pendulum swings to the pro-regulatory mindset.  There is less and less stomach in Washington and on Main Street for anything that even smells of financial impropriety, and the national imperative to get health care costs in check will likely fuel further action on this front. 

David Harlow
The Harlow Group LLC
Health Care Law and Consulting

March 11, 2009

Steven Lash, CEO of Satori World Medical, speaks with David Harlow about medical tourism

Steven Lash, President and CEO of Satori World Medical, spoke with HealthBlawg last week about Satori's take on medical tourism, including its method of sharing cost savings with consumers who use Satori's services through employer-sponsored health plans.

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

Sharing cost savings with employees through Health Reimbursement Accounts -- funded through tax-deductible contributions by the employer if an employee uses an overseas medical service, and are used to pay for an employee's health insurance premiums, deductibles and copayments in future years -- is one of the Satori innovations.  Lash distinguishes his offering from that of the Hannaford's-Aetna medical tourism plan which was announced with great fanfare, led to no employee taking advantage of an overseas procedure, and brought out a domestic provider that offered to match the overseas pricing Hannaford's had obtained.  He also presents a number of other aspects of his company's program in our conversation, including patient intake, patient choice, and quality assurance through selective contracting with JCI-accredited overseas providers for a limited set of services.

There are wildly varying estimates of the numbers of medical tourists originating in the U.S. -- 50,000 to 750,000 a year, depending on who you ask and how you count -- but that number seems likely to go up before it goes down.

David Harlow
The Harlow Group LLC
Health Care Law and Consulting


Interview of Steven Lash, President and CEO of Satori World Medical


March 6, 2009

David Harlow:  This is David Harlow on HealthBlawg, and I have with me today the President and CEO of Satori World Medical, Steven Lash.  Hello, Steven.

Steven Lash:  Good afternoon, David. How are you?

David Harlow:  Very well, thank you.  So Satori is a new entrant on the medical tourism field and I am interested in hearing from you about what sets Satori apart.

Steven Lash:  Great. I think there are several aspects that make us very different than everybody else currently in this space.  First of all, we have a superior quality assurance program and that’s on several levels, David. First of all we have a full time Chief Medical Officer who is board-certified and a fellow, a general surgeon who sets medical travel guidelines and policy in concert with our medical quality advisory committee, which is made up of leading physicians in their subspecialties.  Secondly, we performed a significant due diligence effort that included Dr.  Johnson as well as our VP of Network Development, Naimi Tanha, where they went to fourteen hospitals in seven countries over forty-five days, looking at specifics having to do with quality measures, mortality statistics, infection rates, blood-handling processes. They toured the facilities, and Dr. Johnson even scrubbed into surgery and observed surgical techniques at all the hospitals that are part of our network.  The third thing that makes us different is we started and specifically are working with patients that have financial sponsorship so as a result of that we have set up all our processes and infrastructure to match what health plans currently require for domestic networks, so Ms. Tanha, who’s our VP of Network Development, spent twenty years in California developing and managing networks for Aetna, Blue Shield and HealthNet, and she has duplicated those requirements internally here in the company as well.  The hospitals internationally are contractually obligated to participate in quality audits, quality reporting, et cetera.  A hundred percent of our hospitals are Joint Commission International accredited which is really our baseline because our quality program goes into significantly more detail than that, but that’s sort of a gating issue for our quality program.  Finally, one of the most unique aspects of our program is that, for the first time, the patient will get to share in the savings, who has a financial sponsor, so in other words if a patient needs a hip procedure say and it costs sixty thousand in the US and it costs twenty thousand dollars at one of our network facilities. That forty thousand dollars in savings: the patient will receive a portion of the savings through a health reimbursement account and that’s really what sets us apart.  We put a patent around our business model and for the patient to share in the savings, plus it’s a hundred percent medical benefit so there is no co-pay and no deductible so there’s a real economic incentive for people to take a serious look at the quality of care overseas and the ability to participate in some of the savings.

David Harlow:  So this is a sharing of savings with patients who are in self-insured plans through their employers or through third party payor plans as well?

Steven Lash:  Both, or in unions or associations or public sector employers.

David Harlow:  Now one employer who had engaged in a similar sort of plan -- not through your company, obviously --  Hannaford’s, a regional supermarket chain, has engaged with Aetna in setting up a program that basically gave their employees the option to go overseas at much reduced cost for services or obtain them locally and while they certainly got a lot of press for setting up that program, it turned out that nobody took advantage of it.  Do you have a concern about patients, members, employees being scared off, if you will, from the idea of going overseas for healthcare services, particularly for an involved surgical procedure?

Steven Lash:  Well first our comment on the Hannaford experience: I am familiar with it.  Actually, the Aetna executive who put that program together sits on our medical quality assurance board so we are very familiar with it, and the hospital they contracted with is a very outstanding hospital, in fact that hospital is in our network as well.  I think there are two differences: Number one, there wasn’t an organized program around it, in other words we are a one-stop shop, where the patient makes one call and we take care of all the travel, all the hotel, everything is done for them, we kind of demystify it for them and that wasn’t the case in the Hannaford’s program.  Secondly, a companion goes along so somebody is a accompanying you on your trip. And the third thing that is again the most important is my understanding in the Hannaford experience, they only waived the co-pay and deductible which was about fifteen hundred dollars or two thousand dollars.  Our program is much more robust in terms of the sharing of the savings and for somebody making fifty thousand dollars a year who could have the opportunity of, let’s say, ten thousand dollars deposited in an HRA, where they won’t have any medical expense for two or three years is a lot more of an incentive then just waiving fifteen hundred or two thousand dollars’ co-pay and deductible, and I think in essence that’s why they haven’t seen much success.

David Harlow:  Just to be clear, HRA is a Health Reimbursement Account and that is a tax-free account that patients, members can draw on to pay medical expenses in subsequent years.

Steven Lash:  That is correct. It rolls over, year over year.  It is tax free to the employee and tax deductible to the employer so it kind of wins on both sides of the tax equation.

David Harlow:  Right.  So that payment assumes that the employer is exposed to the whole cost of the procedure, otherwise the employer wouldn’t have that excess money to pay out, isn’t that correct?

Steven Lash:  Well, it could be if it’s through a health plan, through an HRA, there could be premium rebates or premium discounts that can be applied from a health plan to the employer, so there are ways to have that employer receive that benefit even if it’s a fully insured program.

David Harlow:  Okay. Now I am interested in thinking about the volume of services, the volume of patients who would be going through programs such as these.  There have been wildly differing numbers put out there by different consulting firms in different studies ranging from seven hundred fifty thousand Americans making use of medical tourism in the past year to under fifty thousand.  I’m wondering what your sense is of this market and what portion of this market do you think you are able to capture with your new venture?

Steven Lash:  Well I’m not sure I can give you an answer of what's the size of the market -- it’s probably in between those two numbers -- because there is no real reporting agency that captures it.  I mean, there are a lot of people along the border that go across to Mexico for dental care, and not having seen the work papers on either organization I am not sure what's the right number but what I am confident of is we are just seeing an industry in its infancy that is going to start to take off and develop into a very large mainstream service for the delivery of healthcare in this country and the reason I say that is because there is I think now an acceptance that there is significantly high quality care delivered outside of the United States even though Americans tend to be very American centric.  I tell the story, when I was growing up I was going to buy a transistor radio, and I told my father I am going to buy a transistor radio, and he asked me what kind, and I told him a Sony, and he said: Sony? That’s Japanese, that’s crap technology.  He said, you know you ought to be buying an RCA.  We all know the end of that story.

David Harlow:  Yes.

Steven Lash:  And I think that there is a kind if grudging acceptance now that there is high quality care available internationally, and number two is, I think our model, with  cost savings participation by the individual, is truly unique and innovative, and with that, people will start to take advantage of the program and the quality that’s available internationally.

David Harlow:  Now a year or so ago there was famously a union representative calling out a company that was requiring a union member to go overseas for a surgery and essentially faced down this employer -- I believe it was an industrial employer in the Midwest -- and ended up having the union member get his surgery in the United States, saying you can’t force him to go overseas.  Do you think that anyone in that sort of position would see the financial benefit of a program like this as some sort of coercion? Or some sort of a coercive factor in limiting patients’ choice?  Do you see that, do you see the backlash against something that’s limiting patients’ choice in a negative way?

Steven Lash:  Well, you see, I think the beauty of our program is it is totally a hundred percent consumer choice, we don’t ask any network or anybody to reduce their patients’ -- I mean the employees’ -- options.  We become an additional benefit so they can still and are free to choose any provider that’s in their current network, in fact we almost insist that they don’t reduce anybody or any other network in their health plan.  So we are just an addition too, because this is consumer directed, the consumer has to make the choice, we are not forcing anybody to do anything and, you know, the word of the current period is transparency, there’s transparency around our quality and transparency around the economics and people are free to make any choice they want, they stay in country domestically, they know exactly what they have and what their economics are and what the quality is.  If they select the Satori Global Provider they know exactly the quality, they know the economics and it’s their choice, we don’t influence it one way or the other.

David Harlow:  Great.  I guess that was the reaction that some people were having to other sorts of plans where it was not a choice, where that was the sole option provided.

Steven Lash:  Yeah and that’s not something we subscribe to at all.

David Harlow:  Okay.  Another question that people often raise about medical tourism is what happens in case of complications?  Either complications that arise while overseas just after going through a procedure, or complications that may turn up a couple weeks after returning home.  Have you had experience to date with situations such as that and how have those been handled, or if not how would you anticipate those being handled?

Steven Lash:  Well we have not had that as an experience to date.  A couple things: number one, all our patients are vetted in terms of their ability to travel and the medical guidelines that our quality advisory committee and our chief medical officer implement.  So for example a patient who is obese, had a stroke, has diabetes, is not going to be eligible to go anywhere in our system because we know there are going to be complications and issues with that, so that’s kind of the first thing.  Right now, the existing companies don’t do a medical triage whatsoever in terms of their abilities for travel, so that’s kind of the first distinction.  So there are going to be patients that want to use Satori that we will not allow to participate in our program, because we think there is a health risk there or medical risk there.

David Harlow:  How would that screening be done?

Steven Lash:  We review the charts -- because we take a medical history and our chief medical officer is involved and we would make sure they meet the medical travel guidelines that we have established.  So that’s kind of the first situation, so we eliminate kind of out of the chute, if you will, some of that potential.  The second thing that’s different from our program is all our patients have relationships with an insurance company, or some sort of financial sponsor, and a physician.  So we schedule their follow up care before they leave the country.  So, in other words, if someone is going for a hip overseas, we have a follow up appointment with an orthopedist before they leave.  So that is kind of another way which we mitigate some of the negativity around medical travel.  The third issue: our institutions and our centers are the best of the best.  Now that doesn’t mean that something untoward couldn’t happen.  I can tell you that for surgical procedures that we are selecting and utilizing -- because we are not doing hundreds of procedures, we have a handful that we are doing -- we are going to do up to about twenty -- that the surgeon knows within twenty-four, and maybe at the latest seventy-two, hours your course of treatment and your recovery as to whether or not you are going to do well or you are not going to do well and so that all is managed.  Our patients spend an average of seventeen days in country, so there is plenty of time for follow-up care and making sure that they are on the road to recovery prior to them getting on a plane and being released for medical travel.

David Harlow:  Okay, you anticipated my next question, which is what is the range of services for which you’re contracting with the overseas providers?  You mentioned a handful, or a limited range, of those procedures, and what would those be, what sorts of procedures are they?

Steven Lash:  Okay.  First of all, all our procedures are non-emergent, high-cost surgical procedures.  We have four cardiac procedures, we have four orthopedic procedures, so the cardiac are defibrillator, pacemaker, valve and CABG, the orthopedic is hip replacement, one knee, double knee and hip resurfacing.  We are currently in the process of doing our due diligence with the institutions, we are going to be adding this year shoulder, spine, bariatric, hysterectomy, prostatectomy -- I think that’s it, and then we are going to be adding, kind of as an accommodation to some people that have asked us to, dental in a limited network and then cosmetic in a limited network.

David Harlow:  Okay.  Are these procedures available at all of the facilities in your network or do they specialize?

Steven Lash:  No, and the reason they don’t is because of our quality program.  There are, for instance, hospitals in our network that do cardiac surgery, but we will not approve patients to go there for cardiac surgery because they don’t do enough of them to meet our quality standards.  We use things like HealthGrades as an example, Leapfrog Group, and other measures to determine the quality so we screen our institutions to make sure they are doing enough volume for our patients to go there because, as you know, it’s like anything:  if you do enough of them you get very good and we don’t believe that if you do fifty open heart procedures a year -- basically one a week -- you get very good.

David Harlow:  Right, that’s not where I would want to go.

Steven Lash:  Right, and we don’t want to send our patients there either.  So we do not authorize them for certain procedures if they don’t meet our volume and quality thresholds.

David Harlow:  Got it. So that’s on top on the Joint Commission International accreditation?

Steven Lash:  Right.  That’s another difference between our network and the existing ones, people can choose to go wherever they want.

David Harlow:  Okay.  What sort of volume are you seeing to date?  I don’t know how much of this information you’re comfortable sharing, but I would be interested in any information you are willing to share about enrollment in your programs to date -- whether it’s through the McGregor agency or others -- and what sort of numbers of overseas procedures you have been seeing to date.

Steven Lash:  Well, we do not disclose that information but I can tell you that we are gaining a significant amount of traction in the marketplace, and we will be happy to put you on our list for announcements and all that.  We anticipate -- I would be happy to share this with you -- several hundred patients receiving services this year.

David Harlow:  Okay, great.  To wrap things up, I would be interested in your reaction to the White House Health Care Summit yesterday and thoughts about whether anything that is likely to happen in the US in the next year or so may have an impact one way or the other on your business and the services that you are providing.

Steven Lash:  Well first of all I certainly applaud President Obama for getting all the constituencies together to talk about health care reform because it’s certainly -- as somebody who has been in this space for about twenty-five years -- certainly it’s a difficult one to really master because some of the flaws in our system are so endemic to the way our country has grown up that I am not sure that it’s going to be easily cured.  I do feel that the program that he is talking about and the path that they are talking about moving down is only going to be helpful to our company and our business, for a couple of reasons.  First of all, one of the things that we do is, by providing access to these international centers of excellence at their cost, we help US organizations compete on a global basis by lowering their health care cost and having them having the same access as their international competitors do to a lower healthcare cost because as you know health care cost is a huge driver on the P&L in today’s environment.

David Harlow:  Right.

Steven Lash:  The second thing is if they are talking about providing more people access to insurance plans, that will give rise to us as an opportunity. You know, the sense that I have from the reports that I have read out of the summit, there is nothing but looking at cost savings and new techniques for lowering costs and to the extent we provide a competitive environment for that to happen, I think that’s terrific.

David Harlow:  Well, Steven, thank you very much for taking the time.  This is David Harlow at HealthBlawg and I have been speaking with Steven Lash, President and CEO of Satori World Medical. Thanks again Steven.

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

The broken health care system; the White House summit; prospects for the future

We all have war stories about negotiating the health care (non) system.  Today's installment is courtesy of Jeff Krasner, health care reporter for the Boston Globe.   Jeff, like the readers of this blog (I would hazard to guess), is better-equipped than most to deal with the medical-industrial complex.  If the cognoscenti have this much trouble, imagine how poorly things are going for others out there. 

So what's the solution?  President Obama has kicked things off with his White House Health Care Summit last week, and now he's taking the show on the road.  The summit was a masterfully-executed exercise in transparency (live-streaming opening and closing sessions, as well as five simultaneous breakout sessions) and the closing session had a great vibe.  Some of the video is archived by C-SPAN, and here is the twitterstream from part of the summit.  My own twitter conclusion: "Good vibe in the rm, excitement, not much new substance, POTUS elegantly dumps responsibility for HC reform in Cong's lap."

Interest groups (now known as stakeholders) that worked to ensure that Congress didn't even have legislation to send to Bill Clinton for signature are now somberly thanking Obama for a seat at the table.  Obama has wisely taken himself out of the fray and has committed to offering input from the sidelines, just enough to ensure that the bill to be crafted by Congress works within the administration's framework.  Since Baucus and Kennedy (to name but two) already have plans in the works, it is not too much to expect that Congress will engage on this issue.  It remains to be seen whether the engagement will be productive enough to yield signature-ready legislation by year-end.  In addition, we are all waiting for the administration's elucidation of the HITECH Act necessary to move forward with its full implementation.

With any luck, in the not-too-distant future, we can all look back at Jeff Krasner's column and laugh.

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