Texas Put Brakes On Telemedicine — And Teladoc Cries Foul

On a recent trip to Chicago, Patti Broyles felt like she was looking at the world from the bottom of a fish bowl.

“This weather was really cold and rainy, and I had a lot of pressure in my sinus area,” Broyles said.

Since she was nowhere near her primary care doctor in Dallas, she called Teladoc, the largest telemedicine provider in the U.S., for advice. Patients whose employers or insurers have deals with the Dallas-based company can call any time and be connected with a physician on duty within minutes.

Broyles said the doctor on the call gave her a prescription for antibiotics that soon cleared up her sinus infection.

Jason Gorevic, Teladoc’s chief executive officer, says such encounters use familiar technology, “whether it’s your cellphone, your laptop that has a webcam built in to it, or simply the phone.”

In Texas, hundreds of employers offer Teledoc’s services to more than 2 million employees, Gorevic said. Nationwide, Teladoc reaches 11 million people.

But new rules from the Texas Medical Board could make it a lot harder for people like Broyles to get antibiotics through the service. In response to the board’s restrictions, Teladoc has filed a lawsuit that accuses the medical board of artificially limiting supply and increasing prices.

“The rules, as they’re written today, only allow a physician who has seen a patient in person to interact with them remotely,” Gorevic said. “That’s basically saying you can’t go shop anywhere else.”

The rules do allow for certain exceptions that would permit a physician to diagnose or prescribe medications via phone or video. It would be OK, for example, if the patient were at a medical clinic, or another health care worker were with the patient and could do a sort of surrogate exam. There’s also an exemption for remote mental health visits.

Mari Robinson, executive director of the Texas Medical Board, says the rules aren’t meant to stifle competition. They’re meant to ensure patient safety.

“How can a physician make an accurate diagnosis when they have no objective diagnostic data?” Robinson asked. “All they have is what the patient has told them.”

And that’s not enough information, she says.

“No one would think if they showed up at their doctor’s office they would go back to a room, have the doctor stand on one side of the door, they would stand on the other, tell the doctor their symptoms and the doctor would slip a prescription under the door. No one would think that was good care,” said Robinson. “That is exactly the same as doing it over a telephone.”

But Dallas health care attorney Brenda Tso said that if you peek behind the curtain, the strict rules aren’t just about patient safety.

“Doctors are trying to protect their practice from telemedicine, basically,” she says.

Still, Tso said she thinks Teladoc’s motivations are also financial.

The medical board is not suggesting that telemedicine should be completely stopped, Tso said. “That would be stupid. And nobody is saying that. Now, what the Texas Medical Board and the doctors are saying [is], ‘Well, we should use it in a limited sense, as long as it doesn’t affect the standard of care.’ ”

While the Texas Medical Board doesn’t think it’s good practice for patients to send photos, videos and text messages to unfamiliar doctors, attorney Rene Quashie points out that other states permit all those activities.

“If you look at states like Virginia, Maryland and New Mexico, they have laws and regulations that really facilitate the greater use of telemedicine,” Quashie said. “Texas is not one of those states.”

He noted that Texas has 200 counties that are considered medically underserved and more than a dozen counties that have just one primary care doctor. Those are places where telemedicine might have a larger role.

“There’s a huge underinsured population in Texas,” Quashie said. “Even people who have insurance, sometimes have problems accessing care. So we’re balancing access to care along with patient safety issues — misdiagnosis and over-prescription. But we also want to allow companies to innovate in this space.”

Access to doctors is the main reason insurer Blue Shield partnered with Teladoc in California. Executive Vice President Janet Widmann said at first telemedicine was meant to help rural members reach specialists. But it has grown beyond just the rural market.

“Now there’s quite a bit of interest from our members in having the convenience of a telehealth visit. Folks want that,” she said.

By next year 800,000 of the 3.5 million Blue Shield members will be able to use Teladoc in California.

In Texas, the medical board has already received more than 200 comments on the change of rules. It says key players, such as the Texas Medical Association, support the stringent rules. Teladoc points out, on the other hand, that the vast majority of the comments opposed the new rules. The new rules governing virtual visits were supposed to go into effect June 3, but have been delayed until the case goes to trial.

This story is part of NPR’s reporting partnership with KERA 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.

When Your Doctor Leaves Your Health Plan, You Likely Can’t Follow

This week, I addressed a grab bag of questions related to insurance coverage of hearing aids, doctors who drop out of a plan mid-year and what happens if you receive subsidies for exchange coverage but learn later on you were eligible for Medicaid all along.

Q. My doctor is leaving my provider network in the middle of the year. Does that unexpected change mean I can switch to a new plan?

A. Some life changes entitle you to switch plans outside your health plan’s regular annual open enrollment period—losing your on-the-job coverage is one example—but losing access to your doctor generally doesn’t qualify.

There are some exceptions, however. Several states have “continuity of care” laws that allow people to keep seeing a specific doctor after the physician leaves a provider network if they’re undergoing treatment for a serious medical condition, have a terminal illness or are pregnant, among other things. How long a patient is allowed to continue to see that doctor varies by state. It may be 90 days or for the duration of treatment or the end of a pregnancy, for example.

State continuity of care laws don’t apply to self-funded plans that pay their employees’ claims directly.

Some seniors in private Medicare Advantage plans may also be allowed to change plans midyear if their physicians or other providers leave their current network, according to rules that went into effect this year.

Q. When my 8-year-old son’s elementary school conducted a hearing and eye exam, he failed the hearing portion and we learned he has moderate to severe hearing loss. I called our insurance company only to find out that it doesn’t cover hearing-related issues or costs associated with devices because it’s deemed not medically necessary. What are middle-income families supposed to do? I can’t be the only mom who can’t come up with $6,000 for the devices and at least that for the specialists he needs to see.

A. Insurance coverage for hearing aids and related services for children and adults is often lacking.

“It is amazing to me that a health plan is happy to pay for Viagra, but can’t pay for hearing aids so a child can go to school and hear well,” says Anna Gilmore Hall, executive director of the Hearing Loss Association of America, an advocacy group.

There are programs that provide financial assistance to help parents afford hearing aids for their children, but they are often limited to low-income families. Some states mandate hearing aid coverage, typically providing up to about $1,500 per year per child, says Suzanne D’Amico, the northeast region Walk4Hearing coordinator at the hearing loss association.

When D’Amico’s daughter was diagnosed with hearing loss seven years ago at age 4, she and her husband put the child’s hearing aids and other services on a credit card. She subsequently lobbied her husband’s company to add a rider to the company health plan that covers a portion of the cost, and now they pay for the rest using pre-tax dollars from their flexible spending account.

“Hearing loss tends to be an invisible condition,” D’Amico says. “It’s about educating the people around you.”

Q. What are the possible repercussions of accepting a tax credit and cost-sharing reductions for coverage on the health insurance exchange and then finding out at the end of the year that your income qualified you for Medicaid?

A. You won’t face any negative consequences. When you visit the health insurance marketplace, the first item of business is to figure out if you’re eligible for Medicaid. If you live in one of the roughly three dozen states that has expanded Medicaid coverage, you could qualify if you earn up to 138 percent of the federal poverty level, or about $16,000 annually. If the exchange estimates that your income will be too high to qualify for Medicaid and sends you to look for subsidized coverage on the exchange instead, you’re in the clear. Under federal rules, you won’t have to repay any premium tax credit or cost-sharing subsidies you received.

But it could be in your best interest to pay attention to how much money you’re making in any case.

“If in the course of the year you realize your income has significantly gone down, you may want to check out your eligibility for Medicaid,” says Judith Solomon, vice president for health policy at the Center on Budget and Policy Priorities.

Medicaid, after all, may be cheaper or offer better coverage than your exchange plan.

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.

For Many Patients, Delirium Is A Surprising Side Effect Of Being In The Hospital

When B. Paul Turpin was admitted to a Tennessee hospital in January, the biggest concern was whether the 69-year-old endocrinologist would survive. But as he battled a life-threatening infection, Turpin developed terrifying hallucinations, including one in which he was performing on a stage soaked with blood. Doctors tried to quell his delusions with increasingly large doses of sedatives, which only made him more disoriented.

Nearly five months later, Turpin’s infection has been routed, but his life is upended. Delirious and too weak to go home after his hospital discharge, he spent months in a rehab center, where he fell twice, once hitting his head. Until recently he did not remember where he lived and believed he had been in a car wreck. “I tell him it’s more like a train wreck,” said his wife, Marylou Turpin.

“They kept telling me in the hospital, ‘Everybody does this,’ and that his confusion would disappear,” she said. Instead, her once astute husband has had great difficulty “getting past the scramble.”

Turpin’s experience illustrates the consequences of delirium, a sudden disruption of consciousness and cognition marked by vivid hallucinations, delusions and an inability to focus that affects 7 million hospitalized Americans annually. The disorder can occur at any age — it has been seen in preschoolers — but disproportionately affects people older than 65 and is often misdiagnosed as dementia. While delirium and dementia can coexist, they are distinctly different illnesses. Dementia develops gradually and worsens progressively, while delirium occurs suddenly and typically fluctuates during the course of a day. Some patients with delirium are agitated and combative, while others are lethargic and inattentive.

Delirium Triggers

Patients treated in intensive care units who are heavily sedated and on ventilators are particularly likely to become delirious; some studies place the rate as high as 85 percent. But the condition is common among patients recovering from surgery and in those with something as easily treated as a urinary tract infection. Regardless of its cause, delirium can persist for months after discharge.

Federal health authorities, who are seeking ways to reduce hospital-acquired complications, are pondering what actions to take to reduce the incidence of delirium, which is not among the complications for which Medicare withholds payment or for which it penalizes hospitals. Delirium is estimated to cost more than $143 billion annually, mostly in longer hospital stays and follow-up care in nursing homes.

“Delirium is very underrecognized and underdiagnosed,” said geriatrician Sharon Inouye, a professor of medicine at Harvard Medical School. As a young doctor in the 1980s, Inouye pioneered efforts to diagnose and prevent the condition, which was then called “ICU psychosis.” Its underlying physiological cause remains a mystery.

“Physicians and nurses often don’t know about it,” added Inouye, who directs the Aging Brain Center at Hebrew SeniorLife, a Harvard affiliate that provides elder care and conducts gerontology research. Preventing delirium is crucial, she said, because “there still aren’t good treatments for it once it occurs.”

Researchers estimate that about 40 percent of delirium cases are preventable. Many cases are triggered by the care patients receive — especially large doses of anti-anxiety drugs and narcotics to which the elderly are sensitive — or the environments of hospitals themselves: busy, noisy, brightly lit places where sleep is constantly disrupted and staff changes frequently.

Recent studies have linked delirium to longer hospital stays: 21 days for delirium patients compared with nine days for patients who don’t develop the condition. Other research has linked delirium to a greater risk of falls, an increased probability of developing dementia and an accelerated death rate.

“The biggest misconceptions are that delirium is inevitable and that it doesn’t matter,” said E. Wesley Ely, a professor of medicine at Vanderbilt University School of Medicine who founded its ICU Delirium and Cognitive Impairment Study Group.

In 2013, Ely and his colleagues published a study documenting delirium’s long-term cognitive toll. A year after discharge, 80 percent of 821 ICU patients ages 18 to 99 scored lower on cognitive tests than their age and education would have predicted, while nearly two-thirds had scores similar to patients with traumatic brain injury or mild Alzheimer’s disease. Only 6 percent were cognitively impaired before their hospitalization.

Cognitive and memory problems are not the only effects. Symptoms of post-traumatic stress disorder are also common in people who develop delirium. A recent meta-analysis by Johns Hopkins researchers found that 1 in 4 discharged ICU patients displayed PTSD symptoms, a rate similar to that of combat veterans or rape victims.

David Jones, a 37-year-old legal analyst in Chicago, said that he was entirely unprepared for persistent cognitive and psychological problems that followed the delirium that began during his six-week hospitalization for a life-threatening pancreatic disorder in 2012. Terrifying flashbacks, a hallmark of PTSD, were the worst. “They discharged me and didn’t tell me about this at all,” said Jones, whose many hallucinations included being burned alive.

Jones’s ordeal is typical, said psychologist James C. Jackson of Vanderbilt’s ICU Recovery Center, a multidisciplinary program that treats patients after discharge.

Vivid Flashbacks

“They go home and don’t have the language to describe what has happened to them,” said Jackson, adding that such incidents are often mistaken for psychosis or dementia. “Some patients have very striking delusional memories that are very clear distortions of what happened: patients who were catheterized who think they were sexually assaulted and patients undergoing MRIs convinced that they were fed into a giant oven.”

Some hospitals are moving to prevent delirium through a more careful use of medications, particularly tranquilizers used to treat anxiety called benzodiazepines, which are known to trigger or exacerbate the problem. Others are trying to wean ICU patients off breathing machines sooner, to limit the use of restraints and to get patients out of bed and moving more quickly. Still others are trying to soften the environment by shutting off lights in patients’ rooms at night, installing large clocks and minimizing noisy alarms.

A recent meta-analysis led by Harvard researchers found that a variety of non-drug interventions — which included making sure patients’ sleep-wake cycles were preserved, that they had their eyeglasses and hearing aids and that were not dehydrated — reduced delirium by 53 percent. These simple fixes had an added benefit: They cut the rate of falls among hospitalized patients by 62 percent.

Inouye and other experts say that encouraging hospitals to recognize and treat delirium is paramount. They have vehemently argued that federal officials should not classify delirium as a “never” event for which Medicare payment will be denied, fearing that would only drive the problem further underground. (“Never” events include severe bedsores.)

Delirium “is not like pneumonia or a fracture” and lacks an obvious physical indicator, said Malaz Boustani, an associate professor of medicine at Indiana University. He proposes that Medicare create a bundle payment that would pay for treatment up to six months after delirium is detected.

Creating effective incentives is essential, said Ryan Greysen, an assistant professor of medicine at the University of California at San Francisco. Delirium, he said, suffers from a “pernicious know-do gap” — a disparity between knowledge and practice. Many proven interventions, he said, do not seem sufficiently medical. “There’s no gene therapy, no new drug,” Greysen said. “I think we need to put this in the realm of hospital protocol, which conveys the message that preventing and treating delirium is just as important as giving people their meds on time.”

Growing Awareness

Awareness that delirium is a significant problem, not a transitory complication, is recent, an outgrowth of growing expertise in the relatively new field of critical care medicine. The graying of the baby boom generation, whose oldest members are turning 69, is fueling interest in geriatrics. And many boomers are encountering delirium as they help care for their parents who are in their 80s and older.
“In the early 1990s, we thought it was a benevolent thing to protect people from their memories of having a tube down their throat, of being tied down, by using large doses of drugs to paralyze and deeply sedate patients,” Ely noted. “But by the late 1990s, I was just getting creamed by families and patients who told me, ‘I can’t balance my checkbook, I can’t find my car in the parking lot and I just got fired from my job.’ Their brains didn’t work anymore.”

Delirium “is now taught or at least mentioned in every medical and nursing school in the country. That’s a huge change from a decade ago,” said Inouye, adding that research has increased exponentially as well.

In some cases, delirium is the result of carelessness.

One woman said she was repeatedly rebuffed several years ago by nurses at a Washington area hospital after her mother started acting “stoned” after hip surgery. “She said things like ‘I’m having a dinner party tonight and I’ve invited a nice young man to meet you,’ ” recalled the daughter. She asked that her name be omitted to protect the privacy of her mother, now 96, who lives independently in Northern Virginia and “still has all her marbles — and then some.”

“The nurses kept telling me she was off all medication” and that her confusion was to be expected because of her age. “It was only when I insisted on talking to the doctor and going through her chart” that the doctor discovered that a motion sickness patch to prevent nausea had not been removed. “Within an hour, my mother was acting fine. It was very scary because if she hadn’t had an advocate, she might have been sent to a nursing home with dementia.”

Inouye, who developed the Confusion Assessment Method, or CAM scale, now used around the world to assess delirium, said that significant systemic obstacles to preventing delirium remain.

“We need to back up in our care of older patients so that we don’t treat every little symptom with a pill,” she said. Sometimes, she said, a hand rub or a conversation or a glass of herbal tea can be as effective as an anti-anxiety drug.

Two months ago, Inouye, who is in her 50s, was hospitalized overnight, an experience that underscored the ordeal that older, vulnerable patients face. “I was woken out of the deepest sleep every two hours to check my blood pressure,” she said. In addition, alarms in her room began shrieking because a machine was malfunctioning.

“Medical care,” she added, “has evolved to be absolutely inhumane to older people.”

HELP

In an effort to prevent or reduce delirium, Inouye created a program called HELP, short for Hospital Elder Life Program, currently operating in 200 hospitals around the country. While the core of the program remains the same, each hospital implements the program in different ways. Some enroll ICU patients, while others exclude them. A 2011 study found that HELP saved more than $7 million in one year at UPMC Shadyside Hospital in Pittsburgh.

At Maine Medical Center in Portland, HELP is a voluntary program open to patients older than 70 who have been in the hospital for 48 hours or less and do not show signs of delirium. ICU and psychiatric patients are excluded. The program relies on a cadre of 50 trained volunteers who visit patients up to three times daily for half-hour shifts, providing help and companionship and helping them stay oriented.

The CAM scale is built into the hospital’s electronic medical record, said geriatrician Heidi Wierman, who oversees the program and heads a medical team that sees patients regularly. HELP prevented delirium in 96 percent of patients seen last year, she said, adding that resistance by doctors and nurses to the 13-year-old program has been minimal because “we tied the incidence of falls to the prevention of delirium.”

Marylou Turpin, whose husband recently returned to their home outside Nashville, is planning to enroll him at Vanderbilt’s ICU Recovery Center as soon as possible. “I’m just hoping we can have some kind of life after this,” she said.

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

Part 2 of 5:  Nurses and Why They’re Critical in the Legislative Process

Don Nielsen, Director, Government Relations for CNA visited with Nurse Talk about nurses and the critical reasons they are involved in the legislative process. Recently nurses urged California lawmakers to support several bills, which protect patient’s rights. SB 483 addresses “observation” status, and the other bill AB 305 addresses gender disparity with respect to workers comp.

Part 1 of 5: Nurse Talk speaks with CNA Director of Gov’t Relations, Don Nielsen

In a 5 part series, California Nurses Association Director of Government Relations, Don Nielsen joins Nurse Talk to discuss the critical issues facing nurses as they advocate for their patients. Don also talks about the legislative process, specific bills that are supported by CNA and why nurses must be involved in political issues and healthcare policy decisions.

Young Nurse Professionals in Scranton

The PSNA Young Nurse Professionals group is holding a Paint Nite on June 8th at 7 pm in Scranton. Join us at the Court Street Tavern for casual networking and creativity. Paint the Crazee Daizee with us for just $25 / person. Paint Nite is not an art class — it’s a party! The master artists will walk us through creating a beautiful piece of artwork step-by-step. Reserve your seat here.

State Board General Announcement

The PA Department of Health has issued an announcement regarding photo ID badges. The following individuals must wear photo ID: (1) physicians and employees working at health care facilities licensed by the Department who provide direct care to patients or consumers; (2) all employees and physicians working at the private practice of physicians who provide direct care to patients or consumers; (3) all employees and physicians working at an employment agency who provide direct care to patients and consumers. Read the complete update here.