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What Are The 3R’s?

Stanley Feld M.D.FACP,MACE

The 3R’s are the Risk Adjustment, Reinsurance, and Risk Corridors program built into The Accountable Care Act (Obamacare). The 3R’s were meant to encourage the healthcare insurance industry to participate in providing insurance to participants in the State Health Insurance Exchanges. President Obama has extended the 3R’s to included Federal Health Insurance Exchanges.

The 3R’s were activated because of the poor enrollment in the State and Federal Healthcare Exchanges. It was billed to offer protection to the healthcare insurance industry against any losses incurred by participation in Health Insurance Exchanges.

The healthcare insurance industry’s participation in Obamacare’s Health Insurance Exchanges was negative at first.

The Health Insurance Exchanges were viewed as a trap set by the Obama administration to control the healthcare insurance industry. In the process the healthcare insurance industry would ultimately lose money.

The healthcare insurance industry did not participate widely in the health insurance exchanges at first.

 “These risk-sharing programs are often called the “3 Rs” because they are Risk Adjustment, Reinsurance, and Risk Corridor.” The three risk-sharing provisions were intended to protect insurers financially, especially in the first few years the Exchanges are in effect if activated.”

The ACA includes various mechanisms to accomplish this goal including requiring insurers to cover everyone who applies, prohibiting insurers from imposing preexisting conditions limitations, and severely limiting the factors insurers can consider in setting premiums.  Obviously, these mechanisms put insurers at financial risk, since their underwriters won’t have sufficient data to predict claims costs, such as the number of people likely to enroll, their health status or claims history, or other demographic information on enrollees.

The Obama administration included this safety net for healthcare insurers. It also set the traps for the healthcare insurance industry.

Purpose of Permanent Risk Adjustment

To combat overall adverse selection since health insurance is now guaranteed to anyone who applies. Healthcare insurance carriers cannot impose pre-existing conditions limitations. They cannot vary premiums based on individual’s health status.

The trap is that the government will redistribute money between insurance carriers. The Permanent Risk Adjustment scheme is supposed to redistribute profit from insurers with lower claims enrollees to those with higher claims enrollees and losses.

All non-grandfathered insured plans in the individual and small group market, in or out of the health insurance exchanges, are supposed to pay for this redistribution of money. This redistribution is to be monitored by the federal government. (Another bureaucracy)

Does anyone think this can work? I don’t.The second R is the Transitional Reinsurance Program. It is to run from 2014-2016 and then stop running.

The Transitional Reinsurance Program’s purpose is to stabilize premiums in the individual market during the first 3 years the exchanges operate, because higher-cost (sicker) individuals are more likely to enroll early.

This program’s purpose is to redistribute money from group health plans that make a profit to certain insurers with Qualified Health Plans on the individual State and Federal Exchanges that have high cost (claims) enrollees to prevent loses for those insurance companies. This is supposed to encourage insurance companies to join the exchanges.

All group health plans are required to pay for losses in 2014. There has been no reporting as yet to let anyone know how this has worked out in 2014. This provision further exposes President Obama’s lie that “if you like your plan you can keep your plan.” He knew no one could keep their healthcare plan as the bill was written.

A specific waiver was provided for 2015 & 2016. There are a few self-insured plans that self-administer their claims. Most corporations use healthcare insurance companies as third party payers. Therefore, the wavier is essentially eliminated.

The traditional reinsurance program is going to be very difficult to administer.

The Temporary Risk Corridor for 2014-2016 makes the 3R program even more complicated and more difficult to administer.

The goal of the temporary risk corridor is to limit insurer gains and losses in first 3 years of Obamacare and place all healthcare insurance company risks on a level playing field. The healthcare insurers have a limited amount of data on the risk of claims for Health Exchange enrollees. The healthcare companies have histories of claims for Qualified Health Insurance Plans and the expected enrollment. The health Insurance companies have to guess at their actuarial risk if they participate in Obamacare in order to set premiums.

Limiting the healthcare insurance industry’s risk will be complicated for the government.

Insurers who have actual claims more than expected claims will be paid the excess if funds from these insurers are not sufficient. HHS is directed to pay the excess.

The problem is Obamacare (ACA) did not provide for creation of a specified source of funds or a revolving fund for HHS to pay this excess.

In 2014, the first year of the exchanges insurers received $450 million dollars. The source of the government funds is unclear.

An important concept about insurance reimbursement is always ignored. Insurance claims have nothing to do with the actual insurance reimbursement. Reimbursement is usually 50% less than the claims.

Therefore, the amount of supposed payment is doubled using claims to calculate payment and probably future premiums.

The government is hoping that the entire scheme is budget neutral. It will collect and redistribute the profit made by one insurance company to the insurance company that loses money from the high-risk patients.

The government thinks it will have no out of pocket reimbursement obligation.

The government plans to compare insurers within a state based on the average financial risk of their enrolled population.

“ To more evenly spread the financial risk among insurers, government payments are made to insurers who cover a higher-risk population (e.g., people who are older, sicker or have more chronic conditions) from the profit of lower risk insurers. “

Theoretically, the insurers who make a profit from the lower risk population pay the insurers who make less from their older, sicker population with many chronic diseases.

This is called redistribution of profit and wealth. I have a tough time believing that profit making companies will sign up for that.

Below are the formulas that will be used in 2014 and 2015 for the redistribution of profit of healthcare insurance companies.

2014: Once an insurer has paid $45k in claims for an individual (the attachment point), the insurer is reimbursed for 80% of costs between $45k & $250k per person.  (Originally $45k was $60k)”

2015: $70k attachment point per insured, then insurer will be reimbursed for 50% of costs between $70k & $250k per person.  HHS publishes a Notice of Benefit & Payment Parameters each March, with the numbers for following year.”

“If actual claims are within 3% of expected claims, insurers in Exchanges keep the profits or bear the risks.  If claims are 3-8% more (or less) than expected, insurer pays the gov’t (or is reimbursed by the gov’t) 50% of the gains (losses) and keeps (or bears the loss of) the other 50%.” 

“If claims are at least or > 8% more (or less) than expected, insurer pays the gov’t (or is reimbursed by the gov’t) 80% of the gains (losses) and keeps (or bears the risk of) the other 20%.”

It is all very complicated. It will be impossible to enforce. This is another Obamacare trick to fake out the very profitable healthcare insurance industry.

I think the healthcare insurance industry knows all this. They are taking steps at this very moment to dodge the Obama administrations trap.

The losers will be the American people who will experience an increase in healthcare insurance premiums and higher taxes.

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King vs. Burwell and The Supreme Court

Stanley Feld M.D.,FACP,MACE

I have received a couple of emails asking me why I have not responded to the Supreme Court’s ruling in King vs. Burwell.

A ruling in King’s favor seemed so clear to me. I thought the case would be decided in favor of the letter of the law. This seemed obvious since Jonathan Gruber, the author of Obamacare, admitted the words “state health exchanges are the only exchanges that could provide subsidies” were intentional.

It was clear that the author of the law (Jonathan Gruber) and President Obama wanted to encourage states to create State Health Insurance Exchanges.

The carrot was money. If the states did not create State Health Insurance Exchanges they would lose their government grants.

The legislators of the states that refused the Obamacare trap would experience angry voters and get kicked out of office.

Dr. Gruber also admitted that if there was transparency during the law’s creation it would never have been passed. Jon Gruber called Americans stupid.

This comment motivated President Obama to distance himself from Jonathan Gruber. He said Dr. Gruber was not a major player in the creation of Obamacare. President Obama claimed that he barely knew him.  He claim Jonathan Gruber had only been to the White House a couple of times.

President Obama’s statement has been proven to be a lie.

 http://www.foxnews.com/politics/2015/06/24/editor-says-owes-gop-sources-apology-after-new-gruber-emails/?intcmp=ob_article_sidebar_video&intcmp=obinsite

 The Supreme Court’s decision has been a mind blower to me. I still have not figured out how to respond.

I thought the Supreme Court Justices’ job was to interpret laws within the context of the constitution. They should not create new laws or create new meanings for laws.

They also should not allow themselves to be bullied by the executive or legislative branch of government.

President Obama has been doing heavy duty bullying of the Supreme Court to rule in his favor in the last four months. President Obama’s goal is to not let anyone stand in his way on the road to control the entire healthcare system.

The justices live in our society. They are aware of the media and have access to the same information as everyone else.

It should be obvious to them that all the stakeholders dislike Obamacare now that they “know what is in it.”

Obamacare is a terrible law. President Obama told many lies and has taken many unlawful steps to hide the law’s failures.

The justices should have recognized that Obamacare is not a bipartisan law. Only Democrats voted for the bill even though many have admitted they did not read it.

It hardly represents the will of the people as they are now recognizing all its faults and deficiencies.

The Supreme Court’s codifying the law seems bizarre to me.

I also thought that the Supreme Court’s decisions had to be made in the context and spirit of the law and the meaning of the constitution. 

I am especially disappointed in Chief Justice John Roberts. His reasoning for ruling on King vs. Burwell was just the opposite of his reasoning for his ruling on gay marriage.

It is as if he has been influenced by outside sources in each ruling. 

I know the ruling has stunned many people. Congress made the law. Congress should change the law to mean what the Supreme Court said it meant.

I have not figured out what an appropriately reasoned response should be.

I believe the will of the people will prevail once people understand the harmful effects of this law. Its affect on the economy is becoming obvious. Its affect on Americans individually is also becoming obvious.

Obamacare will eventually die under its own weight. The Democratic Party will never be able to get rid of the label “tax and spend party.”

The Democratic Party and President Obama are putting America into greater debt.

I believe the lower socioeconomic groups, who President Obama claims to help, are realizing President Obama is doing them more harm than good.

His goal is to make Americans more dependent on the central government.

I do not think President Obama or the Democrats are going to be able to survive the coming tsunami of a plebiscite against Obamacare.  

In the end Americans are not fans of socialism. They know it doesn’t work.

The opinions expressed in the blog “Repairing The Healthcare System” are, mine and mine alone

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The New Medicaid

Stanley Feld M.D.,FACP, MACE

President Obama let the regulation to increase Medicaid reimbursements to the level of Medicare reimbursement expire because it failed to accomplish its goal. The goal was to get more physicians to accept Medicaid.

The Obama administration has proposed new federal regulations for Medicaid managed-care plans.

These regulations pledge the program's beneficiaries will have adequate access to a doctor. The pilot programs for these new regulations have been completed.

Two years ago six states made a deal with the Obama administration. Arkansas, Indiana, Iowa, Michigan, New Hampshire and Pennsylvania were willing to cover families earning up to 138% of the federal poverty level as long as it was on the states' terms.

Each state relies on private insurers, which are required to come up with qualified health plansthat meet the standards of Obamacare.

While Medicaid plan “purchasers” are almost totally subsidized, five of six states require some of these very low-income beneficiaries to make financial contributions that range as high as 2% of their income.

The idea is that everyone has some skin in the game. The plans also focus on setting up health savings accounts for beneficiaries and establishing wellness programs.

“While these are common features in many of today's corporate-sponsored plans (with only limited evidence to support claims that “more skin in the game” and wellness incentives hold down costs), these elements discourage enrollment by people who are scrambling to keep food on the table and a roof over their heads.”

I think the Obama administration is making another complicated mistake. There is not enough incentive in the program for Medicaid patients to try to save money for the government.

There is not enough incentive for physicians to sign up to accept Medicaid.

The Obama administration is using surveys of Medicaid beneficiaries.

Their response is not much different from the perceptions of Medicare beneficiaries and the privately insured.”

“But closer examination, experts say, reveals that beneficiaries' satisfaction is boosted by the additional access that comes from visiting hospital emergency departments and government-subsidized community health centers.”

 The Obama administration now proposes to hold Medicaid managed-care plans to the network adequacy of Medicare Advantage and Exchange Plans.

The six states, Arkansas, Indiana, Iowa, Michigan, New Hampshire and Pennsylvania, have been doing this along with offering higher-than-Medicaid rates to primary-care physicians to attract more of them to their networks.

A reduction in cost starts by managing patients in ways that encourage them to visit the doctor's office instead of the Emergency Department.

It does not have an element of encouraging patient responsibility or providing indigent patients with financial incentives to be financially responsible for their health or health care.

The same mistake is made over and over again. It is focused on providing patients healthcare coverage. The Medicaid Advantage healthcare coverage plans make Medicaid patients dependent on the government. It does not provide incentives for Medicaid patients to be responsible for themselves.

The healthcare insurance companies are planning to have a field day at the expense of the Obama administration. It seems like the Obama administration does not care how much the new plan costs.

The Obama administration is overlooking the important point. Healthcare coverage cannot work as long as patients are dependent on the government. Patients must be given financial incentives to be responsible for themselves.

All of the healthcare insurance companies that participate in the government supported medical insurance plans are aware of the impending changes in Medicaid.

These insurance companies bid for the administrative services contracts in each state.

The government makes the rules for engagement but the individual healthcare insurance companies bid for the contract.

It is totally logical for all the healthcare insurance companies attempted to merge. If these insurance companies were permitted to merge it would make Medicaid, Medicare and private insurance unaffordable to all.

The healthcare insurance industry sets the prices for administrative services.

The price increases would lead to citizen protest. It would lead to total government takeover of the healthcare system and a single party payer system.

Insurance merge

 

http://money.cnn.com/2015/06/22/investing/health-insurers-mergers-cigna-anthem/

 

The CMS has released a sweeping proposed rule (PDF) intended to modernize the regulation of Medicaid managed-care plans.

 CMS plans call for health plans to dedicate a minimum portion of the rates they receive toward medical services, a threshold known as a medical loss ratio.

At the very last minute the Obama administration is proposing an 85% threshold for Medicaid managed-care plans, the same as the government’s regulations for large group plans in the private market. 

The formula is MLR= incurred expenses /premiums earned.

Private insurance and Medicare are subject to an 85% MLR. It means that 85% of the premiums earned must go to direct medical care. Seventy five percent means only 75% must go to direct medical care and 25% can go to expenses as opposed to 15%.

  MLRatio

The healthcare insurance industry also defines direct medial care expenses such as network formation, insurance salesmen’s commissions and other into the direct medical care column. 
 
As of 2015, plans doing business with Medicaid and the Children's Health Insurance Program are the only health plans that aren't subject to an MLR.

The Medical/Loss ratio is one large source of profit to the healthcare insurance industry for two reasons.

Each expense allowed goes into the incurred claims column. The insurance industry builds a cost plus profit into each expense.

  1. The more required services (Obamacare requirements) rendered by that insurance company the more fee for those services which include profit goes into the incurred claims column.
  2. Each expense allowed goes into the incurred claims column. The insurance industry builds a cost plus profit into each expense.
  3. The more premiums collected the more goes into expenses in the incurred claims column.
  4. The lower the percentage (85% to 75%) of the Medical/ Loss Ratio profit to the healthcare insurance company.

 An arbitrary cap on health plans' administrative costs could undermine many of the critical services—beyond medical care—that make a difference in improving health outcomes for beneficiaries, such as transportation to and from appointments, social services, and more,” interim AHIP CEO Dan Durham said in a statement."


The MLR that the CMS has proposed for Medicaid plans is a suggestion rather than an enforceable mandate.

Medicaid managed-care enrollment has soared by 48% to 46 million beneficiaries over the past four years, according to consulting firm Avalere Health. By the end of this year, Avalere estimates that 73% of Medicaid beneficiaries will receive services through managed-care plans.

"This proposal will better align regulations and best practices to other health insurance programs, including the private market and Medicare Advantage plans, to strengthen federal and state efforts at providing quality, coordinated care to millions of Americans with Medicaid or CHIP insurance coverage.”

America's Health Insurance Plans immediately said applying an MLR to Medicaid managed care fails to reflect much of what these managed care plans do to hold down costs.

 In essence the new Medicaid proposal will also fail if the healthcare insurance industry merges and the impending fight over the MLR continues.

 The cost of healthcare insurance will increase for the private sector, Medicare and Medicaid.

The fault lies in President Obama's lack of understanding in who should drive the healthcare system. Consumers should drive the healthcare system not the government.

The opinions expressed in the blog “Repairing The Healthcare System” are, mine and mine alone

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Double Digits Increases In Obamacare Insurance Rates Proposed

Stanley Feld M.D.,FACP,MACE

Thirty-seven states refused to setup Obamacare State Health Insurance Exchanges. Thirty-seven states refused because of the expected cost burden to those states and citizens. States are required to balance their state budgets. Most states have deficits and do not have balanced budgets. Obamacare’s requirements would simply add to their budget deficits. States would be forced increase state taxes.

The 37 states felt that the Obamacare State Health Insurance Exchanges were an attempt, by President Obama, to decrease the federal cost burden and shift it to the states.  

It was also a states’ rights issue.

None of those states felt that Obamacare State Health Insurance Exchanges could work and not become an increased cost burden.

The Supreme Court ruled in 2012 that states have the right under the constitution to refuse to create a State Health Insurance Exchange.

In June 2015 the Supreme Court will rule on King vs. Burwell.

Can the Federal Health Insurance Exchanges subsidize applicants the same way State Health Insurance Exchanges can subsidize applicants.

The law’s language is specific. The Obamacare law specifically states that only the State Insurance Exchanges can subsidies applicants.

The Obama administration media manipulation machine is already spinning the truth in case the Supreme Court rules against the federal government.

Eight million people will lose their subsidy. There are 330 million people in America. There are as many people uninsured in 2015 as there were before the law was enacted. In five years we are no closer to the promise that Obamacare would provide universal care.

Obamacare is failing because it is a bad law in many respects.

The essence of the Obama administration’s spin is that if the Supreme Court rules against the government the cost of insurance will escalate to unaffordable levels for Federal Health Insurance Exchange purchasers.

Subsidies that made insurance plans affordable face a crucial test with decision expected in June.

The truth is the cost of healthcare premiums are going to skyrocket for Obamacare applicants because the only people who signed up have pre-existing illnesses and had to buy insurance or the very poor because their insurance was fully subsidized.

 The adverse selection and the financial accounting rules for the healthcare insurance industry allow them to raise the premiums.

President Obama’s subsidies for Obamacare premiums expire in 2016.

 

Megan McCardle writing in Bloomberg says;

Insurance companies have been bullied by the Obama administration into keeping rates as low as they are, even though they can't make any money.

For sheer survival, most companies will begin to charge enough so they at least don't lose any money, or leave the exchanges altogether.

For those of you who have followed my blog carefully, you know President Obama has provided the healthcare insurance industry a subsidy in order to get them to participate. It guarantees that it cannot lose more than 2% of its expected profit.

The insurance industry determines its expected profit.

The insurance company subsidy is about to expire. The guarantee in Obamacare, of not losing any money, is going to evaporate. In addition, only the sickest and poorest people have obtained insurance from the federal and state health insurance exchanges. The federal and state exchanges have lost a great deal of money.

These losses are slowly being revealed.

The State Health Insurance Exchanges are starting to publish their losses at the same time the healthcare insurance industry is reporting their potential losses for next year. Those potential losses are reflected in the proposed premium increases.

Moda of Oregon says that its claims were 139 percent of revenue.

CareFirst of Maryland says claims were 120 percent of revenue.

Tennessee told the Wall Street Journal it lost $141 million on exchange plans last year.

 State of New Mexico says it lost $23 million on revenue of $121 million.

 The states that signed up for the State Health Insurance Exchanges are losing money. Maybe the states that did not sign up were right. It would be a financial burden on those states.

The clause in the law permits only those states having a health insurance exchange to provide subsidies to their applicants. It excludes all others, including the federal government.

The only question the Supreme Court has to consider is, can the federal health insurance exchanges provide subsidies to applicants according to the law as written?

The law was written to encourage states to create health insurance exchanges. It did not include the provision of subsidy to applicants for  federal health insurance exchanges.

If the federal exchange would be permitted to provide subsidies, the law should be amended by congress.

A Republican congress would have to amend the law.

Obamacare is an apparent disaster to consumers, insurance providers, hospitals and physicians.

The majority of Republican are calling for Obamacare’s repeal.

It is unlikely that a Republican congress will change that provision in the law.

The “States only provision” in the law has backfired on President Obama and those states creating health insurance exchanges.

The cost of setting up and administering this new bureaucracy was enormous. The healthcare insurance offered by Federal and State Health Insurance Exchanges were either too expensive for healthy or young consumers or had too many unnecessary benefits for those consumers.

The only consumers who signed up were people who were too sick to be able to buy private insurance or too poor to be able to buy insurance without being subsidized.

Those consumers comprise 85% of the applicants. The result has been an adverse selection pool.

If the Supreme Court rules against President Obama he is going to say that private insurance does not work. The federal government must create an entitlement to everyone.

The result will be socialized medicine with the federal government being the single party payer controlling rationing of care, access to care and the cost of care to consumers.

I believe it will make healthcare coverage even worse than it is now.

Why no one is considering my concept of consumer driven healthcare with my ideal medical saving account is beyond me.

Rather than making consumers actively responsible for their health, healthcare dollars and healthcare, we are on the road to making them passive recipients of their healthcare.

America is going to be further down the Road to Serfdom.

 The opinions expressed in the blog “Repairing The Healthcare System” are, mine and mine alone.

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Medicaid Extortion

 

Stanley Feld M.D.,FACP,MACE

This topic is obscure. It is important because it is a defense of states rights opposed to federal control. The Obama administration wants to control states decisions through the use of subsidies 

I will try to make the issue as clear as possible.

The Obama administration has threatened to decrease funding of Medicaid in states (Florida, Texas and other states) that have declined to expand their Medicaid program.

The reason these states have declined to expand Medicaid is because at the end of two years these states would be stuck with increased costs they cannot afford to pay.

The Obama administration volunteered to pay all expenses for the first two years. When states that have expanded Medicaid under Obamacare are forced to raise taxes and increase their budget deficit, the people in those states will scream. The state will be hurt economically.

Obamacare and the state health insurance exchanges were designed to shift the financial responsibility for Medicaid from the federal government to the states. This action will drive the state budget deficits higher while slightly decreasing the federal deficit.

The federal government can print money. State governments cannot. State governments are required to have a balanced budget or an excess. A budget excess would result in lower state income taxes.

In June of 2012 the Supreme Court upheld the constitutionality of the Affordable Care Act by changing the “individual mandate” penalty for non-compliance to an individual tax.

I thought the court decision was wrong.

Americans must abide by the Supreme Court’s decision. This part of the decision captured the most media attention.

At the same time the Supreme Court struck down the Obamacare provision that let the federal government withhold Medicaid funding from any state that did not expand its Medicaid program or form a state insurance exchange as prescribed in the law.

 “This coercion of state governments—a “gun to the head,” as Chief Justice John Roberts put it—was a blatant violation of the constitutional principle of federalism.”

 The traditional mainstream media did not advertise this ruling widely. Many do not fully appreciate the significance of the ruling.

It is a decision in favor of states rights.

The traditional media has criticized the governors of Texas, Florida an eight other state governors that did not set up state health insurance exchanges. The criticism was that those states were wasting billions in federal funding.

In reality the ruling was a major blow to Obamacare. These governors know that Medicaid is a failed entitlement. All Obamacare did was expand Medicaid coverage to cover everyone earning less than 138% of the federal poverty level.

They knew they will be stuck with the cost overruns from a failed entitlement that did not fix the healthcare system. The ultimate result would raise taxes. These state were looking for a healthcare coverage program that would work and be budget neutral. Medicaid has not been budget neutral.

Everyone above 138% of the federal poverty level income threshold would get a subsidy to buy private coverage through the state health insurance exchanges.

The Supreme Court’s ruling has not bothered President Obama. He has a plan to get around that ruling. He has threatened to withhold more than $1 billion in Medicaid funds due the state of Florida under a waiver program first approved in 2005.

President Obama is threatening to cancel a five-year $29 billion dollar Medicaid waiver approved in 2011 for Texas.

Florida’s governor Rick Scott is suing the federal government for threatening to withhold that $1 billion. Greg Abbott Texas’ present governor will probably sue the federal government next. It will once more go to the Supreme Court.

The Obama administration is trying to get around the Supreme Court’s ruling .The scheme is called “cooperative federalism”.  Congress taxes a particular state’s residents. Congress then offers to give some of the revenue back to the state in exchange for that state adopting federal policies that the state had heretofore declined to adopt on its own.

President Obama is going to have a few problems. He needs a Democratic controlled Congress to pass the law to tax some states.

Medicaid payments are complex and vary from state to state. In Florida and Texas, Medicaid waivers allow these states to experiment with new forms of Medicaid coverage.

It is a smart move because Medicaid is a failed entitlement that needs a paradigm shift or a new system. States are supposed to be able to experiment with new ideas using these waivers..

 “States must get federal approval for their waivers, and although technically most are limited to five years, in practice they can be renewed or extended indefinitely. Some state waivers are decades old.”

Florida and Texas have waivers and get federal funding to pay for uncompensated care payment to hospitals treating Medicaid patients and the uninsured. 

The Obama administration informed Florida and Texas that expansion of Medicaid “would reduce the need for uncompensated care in the state and therefore he would link the waiver to expansion of Medicaid. If a state did not accept Medicaid expansion it might endanger the renewal of its waiver.

This sounds like extortion to me. I think Governors Scott and Abbott believe it sounds like too.

Chief Justice Roberts noted in the court’s ruling that Medicaid expansion under Obamacare “accomplishes a shift in kind, not merely degree.

“ Medicaid “is no longer a program to care for the neediest among us, but rather an element of a comprehensive national plan to provide universal health insurance coverage run by the federal government. ”

The Supreme Court found the conditions on federal funding of Medicaid to be coercive . 

When federal funds with conditions attached comprise such a large portion of a state’s budget, states do not really have any choice but to comply to the federal government’s wishes.

 States will find themselves unprotected from coercion by the federal government once they enter into the cooperative federalism scheme that President Obama and his administration concocted to bypass the Supreme Court’s ruling.

This example represents another trick play by President Obama and his administration in order to control and limit states’ rights.

I believe Chief Justice John Roberts understands this and the court will rule against the Obama administration.

However, the Obama administration’s threat will result in a huge waste of taxpayers’ dollars at both the state and federal level.

The opinions expressed in the blog “Repairing The Healthcare System” are, mine and mine alone

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Trust Is An Important Word

Stanley Feld M.D.,FACP, MACE

Trust is confidence in the honesty or integrity of a person or thing. An example of trust is the belief that someone is being truthful.

 The world is complex. As individuals we cannot know and do everything. We must assign surrogates to express and carry out our will.                                                           

We must trust those surrogates. When those surrogate seem to deceive us we distrust them.

In the past six years Americans’ trust in their leaders has been eroded.

It seems that our government surrogates have tried to deceive us over and over again. I have discussed almost all the instances the Obama administration has deceived the American people with respect to Obamacare i.e If you like your doctor you can keep you doctor” to name one.

The State Department has deceived us about Benghasi and with the outlines of the nuclear agreement. The Clintons have deceived us with their Clinton Foundation donations and the perception of undu pedaling of influence.

The result is public distrust of our institutions and each other. They have promoted distrust and  media is the message.

Atul Gawande M.D., a surgeon and public-health researcher, became a New Yorker staff writer in 1998. He contributed greatly in the public healthcare arena in 2007 making surgery safer by creating a pre-op, inter-op and post-op surgical checklist.

He has also created a checklist for delivery of babies in under-developed countries. These checklists have decreased morbidity and mortality.

I am a Gawande fan. He is a good thinker. However, in my view, he has a few blind spots. These blind spots showed up in his most recent article “Overkill.”  

Dr. Gawande’s problem is that even if his observations are somewhat correct they are not universally valid. He proves that his observations are not totally correct as he describes his approach to clinical practice.

His approach to clinical practice is to do less, not more. However, he does not consider the potential unintended consequences of doing less.

Most of his writings in the New Yorker criticize physicians and their practice of medicine.

 The articles could be interpreted as an attack of practicing physicians’ care. It could erode consumers’ confidence in their physicians causing them to mistrust all physicians and their clinical judgment and advice.

 Dr. Gawande should reexamine some of his premises. He should focus on educating both consumers and physicians as he did with his surgical checklist.

 Yellow journalism does not solve the healthcare system’s problems. It creates greater problems.

 In this New Yorker article his blind spot is well illustrated. He initially quotes Kenneth Arrow an economist who in 1963 won a Noble Prize in Economics for describing a vital problem economic call information asymmetry.”

“There is a severe disadvantages that buyers have when they know less about a good than the seller does.”

Kenneth Arrow pointed out that the prime example was health care. Doctors generally know more about the value of a given medical treatment than patients, who have little ability to determine the quality of the advice they are getting.”

Kenneth Arrow is absolutely right. Since 1963 many industries have worked to solve this problem of information asymmetry using the Internet to make consumers Prosumers.

Physician leaders knew Arrow was absolutely correct. Some have tried to correct the situation through patient education and the developed System of Care through the use of Chronic Disease Treatment Teams.

To me this represents a constructive approach to information asymmetry in the healthcare system rather than the approach of stimulating consumers to mistrust their physicians.

There is a simple solution. Patients must be empowered to understand their disease and the options they have for treatment. They must also take responsibility for their care.

The American Association of Clinical Endocrinologists initiated the team approach for the treatment of Diabetes Mellitus in the 1990’s. It was called “A System of Intensive Self-Management of Type II Diabetes Mellitus.”

Teaching patients to intensively control their own blood sugars and helping patients become the “professor of their disease” can decrease the complication rate by at least 50%.

The complications of diabetes result in 80% of the cost of diabetes to the healthcare system. Managing Diabetes Mellitus correctly also decreases the pain and suffering resulting from this devastating disease.

It took twenty years for the government and the healthcare insurance industry to support this notion of chronic disease management.

AACE wrote guidelines outlining the development of Diabetes Education Centers wherein patients with diabetes were the center of the Diabetes team with physicians being the coach of the team and nurse educators, dieticians, exercise therapists, psychiatrists or psychologists being the assistant coaches and an extension of the physician’s care. 

“A System of Intensive Self-Management of Type II Diabetes Mellitus.”

It is critical patients take responsibility for their diabetes care.  They must not be passive about their treatment. They must judge the quality of their treatment. If it is not excellent they need to move on. The problem might be that the patients’ healthcare plan will not permit the patient to choose those physicians and care provders in Obamacare.

Consumers have abrogated their responsibility for their treatment and the cost of their treatment to a third party. This problem originated when they were able to buy first dollar healthcare insurance coverage. Consumers were not and are still not at financial risk even though their health is at risk.

This system of disease management demands that patients become responsible for the management of their disease.

Our health is our most valuable asset. We must be responsible for our health.

Obamacare’s health insurance exchanges continue promote the same defect in our healthcare system.  It does not encourage patients to be careful about healthcare dollars or the responsibility for their healthcare.

“Doctors, therefore, are in a powerful position. We can recommend care of little or no value because it enhances our incomes, because it’s our habit, or because we genuinely but incorrectly believe in it, and patients will tend to follow our recommendations.”

Please note that Gawande indicts physicians in his second sentence for recommending care of little or no value because it enhances income.

In fact ordering a CAT scan, MRI or lab work does not enhance physicians’ income unless the physicians own the machinery. Hospitals and independent testing centers own the machinery to do these tests and make the profit. Therefore his reason for “Overkill” is not primary.

Dr. Gawande goes on to expand Professor Arrow’s argument about over-testing in a system of information asymmetry.”

“Another powerful force toward unnecessary care emerged years after Arrow’s paper: the phenomenon of overtesting, which is a by-product of all the new technologies we have for peering into the human body.”

“The United States is a country of three hundred million people who annually undergo around fifteen million nuclear medicine scans, a hundred million CT and MRI scans, and almost ten billion laboratory tests.”

New technologies have ben a boom to the practice of good medical care. It could be argued that someone getting hit in the head and developing a long lasting headache should get a CAT scan or MRI of the brain rather than pre MRI, CAT scan era, a skull x-ray that would tell us almost nothing.

Perhaps the unnecessary care is not so unnecessary. Perhaps it is important to know the baseline study results of tests to understand the progression of an illness and controlthrough blood testing.  

There does seem to be too much testing. What might be the cause?

Dr. Gawande overlooks a very important cause of over-testing.

It is defensive medicine. Physicians are afraid of getting sued in our litigious society if they miss something. The Massachusetts Medical Society study brought out this very important point. Physicians by their own admission over-test to avoid missing an underlying disease.

A rough estimate of the cost of over-testing in America is between $200 billion to $750 billion dollars a year as a result of defensive medicine.

Dr. Ezekiel Emanual, an advisor to President Obama, has stated that the healthcare system does not need malpractice reform because defensive medicine only cost the system $25 billion dollars a year. The cost is insignificant. He is dead wrong. He is also immune to law suits because of institutional protection. He does not appreciate the wear and tear on the physicians being sued.

As Obamacare makes the healthcare system more dysfunctional consumers have less responsibility for their healthcare. A system of socialized medicine is evolving as a result of Obamacare. The government takes care of us. We all know that Medicare is unsustainable. Intelligent well-respected folks like Antul Gawade use questionable logic to unintentionally erode peoples’ trust in physicians and their judgment.

Meanwhile taxes continue to rise and America is digging itself into a deeper financial hole.

The question should be how do we do things in a constructive  rather than a destructive way.

The opinions expressed in the blog “Repairing The Healthcare System” are, mine and mine alone

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Big Pharma’s Interactions With Obamacare

Stanley Feld M.D.,FACP,MACE

President Obama strategy is to provide favors to potential enemies and then throw them under the bus when he has gotten what he needed from them.

He managed to seduce the American Medical Association, the American Hospital Association and the American Pharmaceutical Association (Big Pharma) to support Obamacare as it was being passed.

Recently he has thrown the American Pharmaceutical Association under the bus.

President Obama needed Big Pharma’s support in order to decrease the resistance to the passage of Obamacare in 2009.  In order to get Big Pharma’s support President Obama made many promises to Big Pharma and satisfied Big Pharma’s vested interests.

These promises included political protection against the left wing wish list to control drug prices. The wish list included weakening drug patents, decreasing intellectual property shelters for new drugs from 12 years to seven years and decrease payment rates for medications administered in the hospital (namely cancer drug therapies). 

Additionally, the White House agreed to spare the drug companies from central planning such as allowing the Health and Human Services Department to “negotiate” lower drug prices.

President Obama succeeded in getting Big Pharma to contribute $80 billion dollars via drug discounts that would affect Obamacare’s bottom line. Big Pharma did that largely by increasing the Medicaid’s drug discount from 15.1% to 23.1%.

Big Pharma also agreed to mark down prescriptions for seniors by 50% above a certain drug cost.

It might appear that President Obama got the better of the deal to obtain Big Pharma’s support for Obamacare.  

This was definitely not true. Big Pharma is making a killing from the government and from out of pocket payment from consumers.

A small part of the killing is explained in Dr. Dale Fuller’s article (that appear in the blog) about Oncology drugs "Is Pharmaceutical Pricing Weird, Or What?"

“Remember the business line, circa 2009, that if you weren’t at the Obamacare table you were on the menu (to be eaten)? Well, Big Pharma sat at the table, gave Mr. Obama what he wanted, and is now back on the menu as the cheese course. “

I believe President Obama’s agenda was to take all the favors away after Obamacare was passed and became law.  He tried to take Big Pharma’s favors away in the 2015 budget. He did not succeed.

He slowly worked to get most brand name drugs covered by eliminating the price fixing reprieve. Medicare Part D pays nothing or little for Brand Drugs. 

“ 2009 was then. The budget directors now claims to be “deeply concerned with the rapidly growing prices of specialty and brand name drugs” and, sure enough, it rescinds the price-fixing reprieve.”

President Obama is becoming more aggressive. He is using the mainstream media to create a furor over the price of specialty drugs. A well-publicized example is the price of the drug that cures hepatitis-C. The government will negotiate a lower price.

Drug prices had been escalating long before Obamacare. Obamacare simply let the genie out of the bottle with its favors to Big Pharma.

Big Pharma overplayed its favors and took advantage of the price reprieve inviting Big Government to step in.

I predict we are going to see all of the favors given to Big Pharma  rescinded before President Obama’s time in office is over.

The federal government will launch a price fixing offensive and choke Big Pharma’s profit making machinery completely.

This is the era of generic drugs. Big Pharma gave this away to the federal government to retain control of the new drug profit margin.  

Since government doesn’t pay for new drugs it can brag, 

“Taxpayer costs were $353 billion or 36% less than the Congressional Budget Office’s original projections for 2006-2013.”

"President Obama’s order to rescind his deal with Big Pharma will result in unintended consequences. Big Pharma will have not the incentive to develop new drugs.

President Obama’s with Big Pharmadeal should have never been  made in the first place.

Handing the $1.093 trillion HHS bureaucracy Soviet-style price fixing powers will undermine the pharmaceutical innovation that depends on large returns on the few medicines that succeed. Even the threat of price fixing could distort investment decisions

President Obama double-crossed Big Pharma.

“ In this double cross lies a warning for the next CEOs and lobbyists who are deluded enough to trust Washington liberals.   Everyone will get devoured eventually.”

“It’s tempting to say the drug makers deserve their fate, except that the ultimate costs of their folly will be born by Americans who won’t enjoy the longer lives, fewer hospitalizations and less suffering that new therapies can bring.”

 It is clear to me that a centrally controlled market rather than a free market leads to a distorted marketplace that is not self-correcting. Consumers, and not the government, must be in control of the healthcare system.

The government should protect consumers from being abused by other stakeholders in the system.

Government should not make under the table deals that hurt consumers.

The opinions expressed in the blog “Repairing The Healthcare System” are, mine and mine alone.

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Obamacare Enrollment Deceptions Continues

Stanley Feld M.D.,FACP, MACE

I made a big deal out of the poor enrollment in Obamacare throughout the winter.

There are more than 330 million Americans who should have healthcare insurance. In 2014, 15 million people lost their healthcare insurance because of Obamacare regulations.

At the end of the healthcare enrollment period for 2014 the Obama administration claimed there were 9 million enrolled in health insurance exchanges. The number was modified to 6.7 million enrollees because of mistakes in counting dental plans and non-payment of the enrollees’ initial premium.

Never the less President Obama did a victory lap and declared Obamacare is working. Nothing could be further from the truth.

It is very difficult to keep track of all the false numbers thrown at the public.

The 2015 open enrollment period was delayed one month until after the mid-term elections for political reasons. President Obama and the Democrats wanted to keep the conversation about Obamacare out of the traditional media headlines.

The enrollment period of November 15th to December 31st was extended to February 15th 2015. On February 16th it was extended to March 1st 2015.

On February 16, 2015 Aaron Albright, as CMS spokesman announced,

 “Americans who couldn't enroll in federal Obamacare insurance plans over the weekend because of computer glitches or long waits will now have until next Sunday to sign up, federal officials announced early Monday.

"We are pleased that the vast majority of consumers were able to apply and pick a plan through HealthCare.gov or its call center without a problem,"  

"For those consumers who were unable to complete their enrollment because of longer than normal wait times at the call center in the last three days or because of a technical issue such as being unable to submit an application because their income could not be verified, we will provide them with a time-limited special enrollment period for March 1 coverage."

“The special enrollment period begins Monday and ends Feb. 22.”

 The extension was prompted by the Saturday outage of an Internal Revenue Service function for Obamacare enrollment, which could have prevented about 500,000 people from enrolling.

The enrollment period was extended to allow those predicted 500,000 to enroll.

The enrollment period was was extended from February 15th to February 22nd and the March 1st.

 On March 1st a special tax penalty enrollment extension was started to expire April 30th.

Only 98,000 enrolled during that 2 month extension. The predicted five hundred thousand (500,000) people did not enroll as was announced.

On December 15th  2014 these were the published enrollment figures.

 

Confirmed 2015 QHPs: 3,039,524 as of 12/15/14”

“Estimated 2015 QHPs (Cumulative):


11/21: 610K (462K HCgov) • 11/28: 1.02M (765K HCgov) • 12/05: 1.80M (1.35M HCgov) Thru 12/15:
4.70M (3.52M HCgov

http://acasignups.net

Enrollment by state can be studied in the following link.

The Obama Administration bragged:

“The number of people enrolling or re-enrolling last week was considerably higher than in previous weeks. Week one saw 500,000 enrollees, week two had 300,000 and week three saw 600,000 sign up through HealthCare.gov.”

Only 3.4 million sign ups were confirmed to receive healthcare coverage by January 1,2015.

This is only seventy percent (70%) of the expected enrollment through 12/15/14. The enrollment had been extended before New Year to February15, 2015.

“The government estimates a total 10.7 million will enroll by February 15,2015. On February 2,2015 there were 7.53 million qualified enrollees. The original estimate in 2010 was 17.5 million. The first 2015 estimate enrollment in 2014 was reduced 3 months ago to 13 million. The enrollment figure was modified.”

Somehow, the February 22 deadline was extended to April 30, 2015. The Obama administration continues to make up the rules as the go.

 On April 28th two days before the open enrollment period was supposed to close for 2015 http://acasignups.net/ publish these figures.

 

Confirmed Exchange QHPs: 11,897,180 as of 4/28/15
Estimated: 12.30M (9.38M via HCgov) as of 4/28/15
 

http://acasignups.net/

It is important to note that only 9.38 million people enrolled via HCgov in 2015. There is no change from the 2014 pre modification of the 2014 data.

It is not known how many enrollees paid their first premium.

None of these fact have been reported in the traditional media. Obamacare and the health insurance exchanges are not doing as well as President Obama says they are.

President Obama and his administrations continue to lie to Americans about enWhen is the American public going to demand a stop to the Obamacare deceptions?

The opinions expressed in the blog “Repairing The Healthcare System” are, mine and mine alone

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Restricting Access To Care

Stanley Feld M.D.,FACP, MACE

As a retired Clinical Endocrinologist I don’t have a vested interest in generating income for myself from the healthcare system.

What I am trying to do is help consumers and healthcare policy makers understand the present healthcare system. I fear they have no interest in understanding what would work to repair the healthcare system.

I am also trying to explain to consumers that few politicians are interested in helping them. Politicians are interested in power. They are interested in making the people dependent on them.

Politicians and the central government are interested in controlling the healthcare system, the financial system, the Internet and the environment. Once politicians control these systems the people have lost their independence and freedom. Politicians will have the power they seek.

Many of our constitutional freedoms have been disappearing. American have been on the Road To Serfdom for many years.

President Obama has hastened the journey on the road to serfdom with his blatant disregard for the constitution and the bill of rights. To my chagrin he is succeeding.

President Obama is pretending to want to provide universal care. His goal is to destroy the healthcare system so that the people will beg for the central government to control the healthcare system.  There are more uninsured people now than when he became President.

Paul Krugman is one of President Obama’s henchmen. He stated in a recent article that Obamacare is costing the government less money than the administration thought it would. He therefore calls Obamacare a success.

This administration and its henchmen in the traditional media flood us with half-truths.

Obamacare might be costing the government less than they expected. The Obama administration never told Americans what they expected to spend.

The Obama administration is the most non-transparent administration in my lifetime.  Meanwhile, the Obama administration tells Americans it is the most transparent administration in history.

CGI is a Canadian company with offices in the U.S. It had the contract to develop the Obamacare website healthcare.gov. The website was a disaster. The development cost overruns were unbelievable.

CGI received the contract through an Obama crony capital award and a non-competitive bid.

CGI receive another contract to complete the backend of healthcare.gov.

The Affordable Care Act (Obamacare) is supposed to be affordable for consumers. Consumers are experiencing higher premiums and out of pocket expenses for medical services.

1. Obamacare has been under subscribed. Only 10 million people are verified premium paying subscribers. The Obama administration projected 30 million subscribers by 2015 when Obamacare was passed in 2010.

2. The deductibles are unaffordable. Obamacare is even unaffordable to those people who receive subsidies.

The subsidized people have avoided seeing physicians in a timely manner. The result is government costs are less in the short run but will be more in the long run as people get very ill.

3. The Obama administration is keeping the expenses for infrastructure and bureaucratic structure non transparent.

4. Obamacare’s rules and regulations are resulting in restricting access to care.  

5. Paul Krugman and the Obama administration spin the truth by ignoring consumer out of pocket expenses.

There has been an explosive increase in premiums and higher deductibles though the health insurance exchanges as well as private insurance.

The Obama administration has been silent about this reality.

The Affordable Care Act is not affordable. It has not increased the “quality of care.”  

Paul Krugman does not publish the real truth in his New York Times articles. Those who still read the New York Times take his words literally. They are deceiving themselves.

One of the ways the Obama administration is restricting access to care to lower its costs is through the U.S. Preventive Services Task Force’s (USPSTF) recommendations.

I have criticized the USPSTF methodology in the past for its conclusions about many clinical practices.

The task force is composed of a group of physicians that do not have clinical expertise in the medical or surgical topic they are evaluating.

The group simply reads the medical papers assigned to them to evaluate. The committee decides the efficacy of treatment on the quality of the literature they are given to evaluate.  Clinical judgment is not included in their evaluation.

A positive decision is made if the literature contains a double blind controlled study yielding positive results.  

Last month the U.S. Preventive Services Task Force (USPSTF) issued its final recommendation statement on Screening for Thyroid Dysfunction. The USPSTF studied this topic in 2004 with the same final opinion.

This time Obamacare will probably take action and restrict the evaluation on the basis of this recommendation

  In its statement, the task force said that without more data from randomized clinical trials it could not assess the balance of benefits and harms from pre-clinical thyroid disease treatment and, thus, could not recommend that asymptomatic, non-pregnant adults be screened for thyroid dysfunction.”

 The Annals of Internal Medicine (AIM), a journal of the American Medical Association published the USPSTF recommendation without expert clinical endocrinology comment or critique.

R. Mack Harrell, MD, FACP, FACE, ECNU current President of the American Association of Clinical Endocrinologists (AACE) is having the AACE Thyroid Scientific Committee submit a note to the Annals of Internal Medical addressing AACE’s concerns with the USPSTF’s paper.

AACE has studied and written many guidelines on the evaluation and treatment of thyroid disease. Its members have vast experience as practicing clinicians in the treatment of thyroid disease. Its input should be sought by the Obama administration not ignored in favor of a default decision that saves Obamacare money and puts the financial burden of care on consumers.

The following is Dr. Mack Harrell’s comment to AACE’s membership.

In my opinion Dr. Harrell’s’ comments are totally correct and should be heeded by the Obama administration.

“While agreeing with the USPSTF’s call for new, controlled thyroid screening studies, AACE issued a press release outlining its position on aggressive case finding suggesting: that this approach is an appropriate alternative to screening in patient groups where thyroid risk factors are present.

More specifically, AACE stressed that testing and treatment are indicated in those patients who are at highest risk for developing life-altering, overt thyroid disease, including:

Patients over 60, in whom symptoms of hypothyroidism are often minimal, absent or atypical

  • Newborns (continued mandatory screening for congenital hypothyroidism recommended)
  • Those with autoimmune diseases often associated with thyroid disease, such as type 1 diabetes and pernicious anemia
  • Patients with a prior history of thyroid disease or thyroid surgery, an abnormal thyroid exam, or taking drugs known to affect the thyroid
  • Patients with a family history of thyroid illness

AACE further emphasized that careful consideration should be given to thyroid testing in women who are planning pregnancy or are already pregnant given the clear-cut detrimental effects of thyroid hormone lack on fetal development in the early phases of pregnancy.

We also intend to submit to AIM a formal statement from the AACE Thyroid Scientific Committee to address concerns that the task force’s “lack of data” argument could be incorrectly interpreted as a “lack of clinical need” to find and treat thyroid disease.

For years, members of AACE and the American College of Endocrinology have worked diligently to provide up-to-date, useful clinical guidelines and recommendations regarding decision-making about thyroid function testing for physicians. We will continue to keep our members and the medical community apprised as we communicate our position regarding thyroid disease testing.

Best regards,

R. Mack Harrell, MD, FACP, FACE, ECNU

The Obama administration has made many mistakes in writing Obamacare. Most of them have not been in favor of the consumers it professed to help.

About 50% of women over the age of 60% might have subclinical hypothyroidism. Overt clinical hypothyroidism can take several years to declare itself. During the time of subclinical hypothyroidism evolves to overt hypothyroidism patients can suffer mild to moderate symptoms that would decrease their quality of life on many levels.

I believe President Obama should show compassion and responsibility toward the millions of who people would suffer from subclinical hypothyroidism. President Obama is setting up the healthcare system to restrict access to care for these people.

I do not think he should rely on a committee that does not have the expertise in the field of clinical thyroidology.  

The opinions expressed in the blog “Repairing The Healthcare System” are, mine and mine alone

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