Book Review: America’s Bitter Pill, by Steven Brill

America’s Bitter Pill: Money, Politics, Backroom Deals, and the Fight to Fix Our Broken Healthcare System

By Steven Brill

Random House, 2015

 

The Clear Winners of Healthcare Reform, and How We Got There

From March 23, 2010 through late January 2015, stock prices of seven of the largest health insurance companies soared from 118 percent to 361 percent, a period in which overall stock prices rose just 75 percent.

March 23, 2010 is also the date President Obama signed the Affordable Care Act.

Insurance companies, which gained several million new captive payers required to buy private insurance, were not the only industry insiders to harvest a bonanza. The 25 biggest pharmaceutical companies pocketed more than $100 million in profits in 2013 alone.

Big Pharma, too, gained a lot of new subsidized business through the ACA, a law that Steven Brill in his new work, America’s Bitter Pill, concludes in part produced only “one clear group of winners – the healthcare industry.”

Brill’s main mission is to provide an insider account of the ACA’s inception, enactment, and implementation, through a tale of lobbyists, executive branch and congressional staff, some academics, federal office holders, and techies.

Late in the story, here’s how Brill summarizes the development of the Affordable Care Act:

All the years of Ted Kennedy’s crusading, all of [Senate Finance Committee staffer] Liz Fowler’s drafting, all of the days of wrangling votes on Capitol Hill in 2009 and 2010, all of the backroom deals and furious lobbying by all those industry players, all of the frantic efforts to game the CBO [Congressional Budget Office] scoring process, all of the millions of hours and billions of dollars spent writing regulations and building the almost junked website…

In the nearly 500 pages of the book, a few ordinary people do appear, but only as victims of the healthcare industry, whose struggles as patients, mostly with unpayable bills, demonstrate the need for reform.     

Missing from this account are the thousands of nurses and other healthcare and community activists who have worked for years for fundamental transformation of what Brill colorfully calls a “dysfunctional healthcare house (that) with the bad plumbing and electricity, leaky roof, broken windows, and rotting floors, would never have been built and become so entrenched in its special interest foundations that it could not be torn down.”

But tearing it down, because of its fundamental corruption and what Brill also calls “a broken down jalopy,” is exactly the cure advocated by nurses and the activists who have long campaigned for real reform, through an expanded and improved Medicare for all.

Even while conceding that single-payer or national healthcare is the “path taken by every other developed country, all of which produce the same or better healthcare results than we do at a far lower cost,” Brill simply dismisses that as an alternative to the ACA. Of course, so did all the key players he profiles, from Congressional and White House staff to the top Democrats at the helm of the process, including former single-payer advocates Ted Kennedy and President Obama.

We do get a clear report on the many deals cut with the corporate healthcare industry, including with the drug companies, hospitals, and insurance companies in particular. Most of this is known from newspaper accounts, but Brill does bring it into a strong story narrative.

His primary critique is on the high charges and profits of corporate hospitals and drug companies. He exposes the high chargemasters of hospitals and other industry price gouging, recounting many examples first told in his highly regarded March 2013 Time magazine article also titled “Bitter Pill.”

Brill deconstructs the false pharmaceutical pretext that high drug prices are necessary for “research,” detailing the drug companies’ higher spending on marketing and administration than on research and development, not to mention huge public subsidies for that research.

Brill is generally soft on the insurance companies. He over emphasizes the “lower” profit margins of insurance companies compared to hospitals, and sharply criticizes the Obama administration and the president personally for hypocritically attacking the insurers, then utilizing insurance consultants to rescue the Healthcare.gov federal insurance exchange website.

While noting the insurers’ top objective, the mandate to deliver all those new paying customers, Brill neglects another major objective the insurers also won, protecting their anti-trust exemption so they can effectively collude on prices and market share, as reported by Matt Taibbi and others.

To be fair, Brill does an admirable job pointing out the high out-of-pocket costs for many, even after application of the very expensive subsidies given to the uninsured to purchase private insurance through the health exchanges. He also nicely exposes the facade of the “Medical Loss Ratio” as a cost-saving device which is easily manipulated by the insurers to count bookkeeping and other non-care activities as a medical expense.   

While Brill is unsparing in detailing many of the gaping problems of the ACA and devotes nearly half the book to nearly tedious descriptions of the well-chronicled failure of the ACA rollout which Brill blames, with some justification, on President Obama’s “failure to govern,” Brill ultimately strongly defends the ACA.

In his words, “Obamacare gave millions of Americans access to affordable healthcare, or at least protection against not being able to pay for a catastrophic illness or being bankrupted by the bills. Now everyone has access to insurance and subsidies to help pay for it. That is a milestone toward erasing a national disgrace.”

But, he concedes, the law “hasn’t come close to making health insurance premiums and out-of-pocket costs low enough that healthcare is truly affordable to everyone, let alone affordable to a degree that it is in every other developed country.” A reminder of that reality comes from a recent Kaiser Family Foundation survey that nearly 30 million Americans remain uninsured, largely because of the cost (though many also because of the botched rollout Brill describes of an absurdly complicated law.)

Brill concludes not by recommending the single-payer solution adopted by most of those other developed countries, but by a fix that would make many nurses gasp – regional-based integrated care networks of hospitals and insurance companies acting as oligopolies or monopolies regulated as public utilities led by doctor-CEOs who will align the incentives “in the right way.”

One model he cites is the Cleveland Clinic, led by heart surgeon Dr. Toby Cosgrove. Brill may not realize this hospital system also demonstrates that having an Ivory Tower medical center in one’s backyard does little to improve the health of a community.  Within the three miles surrounding the Cleveland Clinic area, infant mortality exceeds some Third World countries. The system is frequently under attack for failing to meet their charity care obligations and shifting the burden of caring for uninsured and underinsured to the lone public safety net hospital. Meanwhile, the system is grossing $11.63 billion and posted over $900 million in profits in 2013 alone.  

The Cleveland Clinic has also been cited by the Centers for Medicare and Medicaid Services for violating Medicare rules more than three dozen times since 2010. In 2013 alone, the system was cited for 23 health and safety issues. 

Nurses may question whether regulation and lower executive salaries, as Brill proposes, would correct all that. He argues that his system would make healthcare a public good out of the free market, but when he talks about aligning incentives, he gives short shrift to hands-on care and resourcing the provision of care by highly skilled clinicians exercising their professional judgment. Phrases such as safe, therapeutic care or a single standard of care not based on ability to pay don’t enter the lexicon of the regulated “integrated healthcare oligopolists” led by rightly aligned beneficent doctors who are allowed reasonable profits.

Compared to saving money through a truly universal system of guaranteed healthcare, cost controls through global budgets for hospitals that cover actual annual expenses for patient care, regulated prices and bulk purchasing of prescription drugs, and negotiated fees for providers, Brills’ approach is inadequate. Rather than dismissing single-payer, he could investigate how to pull the levers of power and overcome the industry he cogently criticizes.

Brill’s own experiences as a patient feature prominently in his conclusions and nurses may wish that the patient’s understanding of the system led to more insight about how to change it.

– Michael Lighty and Charles Idelson

   Michelle Mahon contributed to this review

Nurses Rally at EPA Hearing, Champion Public Health

Just got back from today’s public hearing regarding the EPA’s proposed new surface ozone standard. Matthew Elliott, from Kaiser South Sac, spoke on behalf of RNs everywhere about the need to confront and tackle the negative health effects of air pollution on our communities. We were the only Union in attendance and Matt’s comments, delivered from the perspective of a direct care RN, clearly had a profound impact on the panel.

We were joined today, of course, by the Sierra Club, who led the way with fantastic comments and analysis. During a lunch break, SC held a rally at Cesar Chavez Plaza Park across the street from the hearing location. There, over a hundred students from across CA joined with members from almost a dozen community, religious, and environmental groups to demand a more stringent smog standard.

Nurses were the highlight of the rally. More than 50 were attending a CE class nearby, and they marched down J Street in red scrubs and surgical masks, chanting Clean Air Is Health Care (led by Kevin Baker, Michael Unimuke, Maryanne Henke, and others, who did a fantastic job keeping up with the changing logistics.) The group in Cesar Chavez heard us coming down the street and took up our chants. Once we arrived, students and community allies grabbed our signs and joined with the nurses in denouncing industry efforts to loosen air quality standards.

Even the EPA administrators were impressed with the rally. They mentioned it right before the afternoon session began, where Matt and I gave our comments. All in all, I think it was a great success.

On the policy/analysis side of the equation, we still have a lot of work to do. The final rules will not be published until about Oct. 2015. This is a complicated issue with important consequences for the working class. I was able to follow the industry’s comments and am confident we can undermine their arguments and agenda. SC and others would also provide an excellent source for sound policy analysis. Our final written comments are due March 17, so thankfully, there’s time to work.

Thanks for inviting me to participate. Had a blast.

 

Brendan

 

 

Study: Suffering At End Of Life Getting Worse, Not Better

It’s been more than 15 years since the Institute of Medicine released its seminal 1997 report detailing the suffering many Americans experience at the end of life and offering sweeping recommendations on how to improve care.

So has dying in America gotten any less painful since then?

Despite efforts to build hospice and palliative care programs across the country, the answer seems to be a resounding no. The number of Americans experiencing pain in the last year of life actually increased by nearly 12 percent between 1998 and 2010, according to a study released Monday in the Annals of Internal Medicine. In addition, depression in the last year of life increased by more than 26 percent.

All that, as guidelines and quality measures for end-of-life care were developed, the number of palliative care programs rose and hospice use doubled between 2000 and 2009.

“We’ve put a lot of work into this and it’s not yielding what we thought it should be yielding. So what do we do now?” asked study author Dr. Joanne Lynn, who directs the Center for Elder Care and Advanced Illness at the Altarum Institute.

The study looked at 7,204 patients who died while enrolled in the national Health and Retirement study, a survey of Americans over age 50.  After each participant’s death, a family member was asked questions about the person’s end-of-life experience, including whether the person suffered pain, depression or periodic confusion. Those three symptoms were all found to have become more prevalent over the ten-year analysis.

One reason, Lynn said, is that doctors are using a greater range of high-tech treatments, which can lengthen the process of dying without curing the patient. “We throw more medical treatment at patients who are on their way to dying, which keeps them in a difficult situation for much, much longer,” she said. “We’ve increased the number of people put on ventilators and kept in hospitals, and we simply have more treatments that are possible to offer.”

The majority of our research, she added, focuses on wiping out diseases, rather than long-term supports or symptom management for people with chronic conditions or disabilities associated with aging: “Think about how much we invest in curing Alzheimer’s disease, and how little we put into making the course of Alzheimer’s better.”

Most physicians tend to under-treat pain and other symptoms at the end of life because they don’t recognize them or are hesitant to candidly talk about the process of dying and the pain associated with it, said Dr. Tim Ihrig, a palliative care physician at UnityPoint Health in Fort Dodge, Iowa.

“A lot of practitioners aren’t honest. We fail to empower patients with the truth,” said Ihrig. “In that setting, it’s easier to continue to do procedures and diagnostics rather than having that conversation which is very honest and very difficult.”

Take a cancer patient who has stopped eating and is writhing in pain, he said. An oncologist might recognize the person is going to die, but rather than telling the patient, he or she begins another round of treatment that causes more pain and suffering.

“We don’t have the vernacular in our society to have the conversation about the end of life. People say, ‘I don’t want to take away someone’s hope.’ But in a metastatic pancreatic cancer, for example, we have to redefine what we mean by hope,” he said, citing one of the most deadly cancers.

Often, those conversations aren’t happening until last days or hours of life, according to Ihrig.

Jonathan Keyserling, a senior vice president with the National Hospice and Palliative Care Organization, points out that half of all hospice patients receive hospice care for less than 30 days.

“If these patients had been under the care of a hospice or palliative care program [earlier], their pain and symptoms could have been brought under control for a much longer and sustained period of time,” Keyserling said via email.

It’s possible, however, that caregivers interviewed in the study simply reported more suffering, reflecting Americans’ changing awareness of pain and depression over the past decade.

“We’ve raised the expectation of better pain management over the years, which may make [the caregivers interviewed] more likely to report it,” says Rosemary Gibson, author of The Treatment Trap and senior advisor at The Hastings Center, a bioethics think tank based in New York. There are many more Americans diagnosed with depression today than in 1998, she added, “so it’s not surprising that people would report it more.”

Nonetheless, said Gibson, the country has a long way to go in improving care at the end of life.  The increase in palliative care and hospice use over the last decade was just ”an oasis in the desert. We did nothing to stop the tsunami of overuse [of aggressive treatments] and doing things to people at the end of life that have no benefit.”

It’s time to pick up the speed of change, said study author Joann Lynn.

“We are all going to pass through this part of our lives, and we have a strong interest in its not being awful. So let’s buckle down and get it right.”

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation.

To Protect His Son, A Father Asks School To Bar Unvaccinated Children

Carl Krawitt has watched his son, Rhett, now 6, fight leukemia for the past 4 and a half years. For more than three of those years, Rhett has undergone round after round of chemotherapy. Last year he finished chemotherapy, and doctors say he is in remission.

Now, there’s a new threat: measles.

Rhett cannot be vaccinated, because his immune system is still rebuilding. It may be months more before his body is healthy enough to get all his immunizations. Until then, he depends on everyone around him for protection — what’s known as herd immunity.

But Rhett lives in Marin County, Calif., a county with the dubious honor of having the highest rate of “personal belief exemptions” in the Bay Area and among the highest in the state. This school year, 6.45 percent of children in Marin have a personal belief exemption, which allows parents to lawfully send their children to school unvaccinated against communicable diseases like measles, polio, whooping cough and more.

“It’s very emotional for me,” Carl Krawitt said. “If you choose not to immunize your own child and your own child dies because they get measles, OK, that’s your responsibility, that’s your choice. But if your child gets sick and gets my child sick and my child dies, then your action has harmed my child.”

Krawitt is taking action of his own. His son attends Reed Elementary in Tiburon, a school with a 7 percent personal belief exemption rate. (The statewide average in California is 2.5 percent). Krawitt had previously worked with the school nurse to make sure that all the children in his son’s class were fully vaccinated. He said the school was very helpful and accommodating.

Now Krawitt and his wife, Jodi, have emailed the district’s superintendent, requesting that the district “require immunization as a condition of attendance, with the only exception being those who cannot medically be vaccinated.”

Carl Krawitt provided me with Superintendent Steven Herzog’s response. Herzog didn’t directly address their query, instead saying: “We are monitoring the situation closely and will take whatever actions necessary to ensure the safety of our students.”

Typically, a response to health emergencies rests with county health officers. During the current measles outbreak, unvaccinated students at Huntington Beach High School in Orange County were ordered to stay out of school for three weeks after a student there contracted measles. It’s one way to contain an outbreak.

But those steps were taken in the face of a confirmed case at the school.

Marin County health officer Matt Willis said he was going to check with the state to see what precedent there was to keep unvaccinated kids out of school even if there were no confirmed cases. “This is partly a legal question,” he said.

Right now, there are no cases of measles anywhere in Marin and no suspected cases either. Still, “if the outbreak progresses and we start seeing more and more cases,” Willis said, “then this is a step we might want to consider” — requiring unvaccinated children to stay home, even without confirmed cases at a specific school.

Rhett has been treated at the University of California, San Francisco, and his oncologist there, Dr. Robert Goldsby, said that he is likely at higher risk of complications if he were to get measles.

“When your immune system isn’t working as well, it allows many different infections to be worse,” Goldsby said. “It’s not just Rhett. There are hundreds of other kids in the Bay Area that are going through cancer therapy, and it’s not fair to them. They can’t get immunized; they have to rely on their friends and colleagues and community to help protect them.”

Goldsby pointed to the number of people who, when facing a friend or family member who receives a challenging diagnosis, will immediately ask how they can help. “Many families will say, ‘What can I do to help? What can I do to help?’ ” he said, repeating it for emphasis. “One of the main things they can do is make sure their [own] kids are vaccinated to protect others.”

Krawitt has been speaking up about vaccination for a long time now. He told me about going to a parent meeting at his daughter’s school just before the start of the school year, where a staff member reminded parents not to send peanut products to school, since a child or children had an allergy. “It’s really important your kids don’t bring peanuts, because kids can die,” Krawitt recalls the group being told.

The irony was not lost on him. He told me he immediately responded, “In the interest of the health and safety of our children, can we have the assurance that all the kids at our school are immunized?”

He found out later from a friend that other parents who were present were “mad that you asked the question, because they don’t immunize their kids.”

This story is part of reporting partnership that includes KQED, NPR and Kaiser Health News.

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation.

Medicare Offers Relief To 400,000 Caught In Aetna Pharmacy Network Mix-Ups

More than 400,000 Medicare beneficiaries who may have been confused or misinformed about the pharmacy details of their 2015 Aetna prescription drug plans have until the end of this month to find participating pharmacies or switch plans, according to the Centers for Medicare & Medicaid Services.

The kerfuffle highlights the growing complexity of many Medicare prescription drug plans, policy experts say. Today, in the majority of plans, beneficiaries who want to keep their out-of-pocket costs as low as possible have to contend not only with whether a pharmacy is in a plan’s network. But they also generally have to make sure that their pharmacy is part of the “preferred” network set up by the insurer to get the lowest cost-sharing.

“When you look at the top 10 standalone drug plans by enrollment, the vast majority use preferred pharmacy networks,” says Christine Harhaj, a senior manager in the health reform practice at Avalere Health. “It’s a way to offer plans with a really low premium.”

Plans with preferred pharmacy networks typically offer Medicare beneficiaries the lowest copayments or coinsurance at select pharmacies or pharmacy chains. Members can also use other pharmacies that are in their plan’s network, but their out-of-pocket costs will generally be higher, though not as high as if they went to a pharmacy that was outside their plan’s pharmacy network.

Figuring out those details isn’t always straightforward, even for those who use the CMS’ online Medicare Plan Finder, where beneficiaries can enter their drug and pharmacy specifics and compare drug plans. Choosing a plan is complicated, and a preferred pharmacy may not always offer the best price for every drug someone takes. In addition, other factors such as star ratings may influence a beneficiaries’ choice of plan.

Beneficiary problems with Aetna plans were twofold. The insurer inaccurately identified roughly 5,000 pharmacies as available in-network for retail customers on both the Medicare Plan Finder and the insurer’s own website, as well as through its customer service representatives, according to CMS.

In addition, the insurer made significant changes to its pharmacy networks this year. In 2015, pharmacies that were in network for approximately 220,000 members last year no longer fall into that category, CMS says. Similarly, the in-network pharmacies that provided preferred cost-sharing to 240,000 members last year no longer do so in 2015.

According to an email from a CMS spokesperson, “Because of the number of pharmacy disruptions, inaccurate information provided to beneficiaries, and confusion experienced at the beginning of 2015 by both beneficiaries and pharmacies,” Aetna, at CMS’ urging, gave all its Part D plan members in-network access to its broadest pharmacy network until at least the end of February. During that time, members who want to remain in the plan but have discovered that their pharmacy of choice is out of network can identify a pharmacy that’s in their plan’s network; others can request a Special Enrollment Period to pick a new plan.

“Many members saw changes to their networks and plans for 2015,” Cynthia Michener, a spokesperson for Aetna, said in an email. “Throughout last year, we reached out to members in several ways to ensure these changes were well communicated. But we’re finding members may need more time to understand their benefits.”

Although preferred pharmacy networks may make comparing drug plans more complicated, they’re generally less expensive, research has found.

According to an analysis of 2014 drug plan premiums by Avalere Health, average monthly premiums were $29.83 for basic plans with preferred networks, 17 percent less than the average cost of plans without. Likewise, the average premium for enhanced drug plans–which generally have lower cost sharing but higher premiums than basic plans, and may cover more drugs–was $49.15 with a preferred network, 57 percent less than for a plan without.

Preferred networks are “another way for plans to manage costs within their existing pharmacy network,” says Juliette Cubanski, associate director of the Program on Medicare Policy at the Kaiser Family Foundation. (KHN is an editorially independent program of the foundation.)

Drug plans with preferred cost sharing are somewhat less accessible in urban areas, according to a CMS analysis. On average, 79 percent of beneficiaries who live in urban areas have convenient access to pharmacies with preferred pricing, compared to 94 percent of beneficiaries in the suburbs and 88 percent of beneficiaries in rural areas.

Independent pharmacies say they’re too often excluded from bidding to be included in insurers’ preferred pharmacy networks, to the detriment of patients.

“We do think that patients are being steered to pharmacies and not being allowed to go to the pharmacy of their choice,” says Douglas Hoey, CEO of the National Community Pharmacists Association.

Please contact Kaiser Health News to send comments or ideas for future topics for the Insuring Your Health column.

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation.