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Reichert on Health Care Reform: Parts II, III and IV

side_crank

Note: This isn’t about the health care “compromise.” For my thoughts on that, go here.

As I noted a week ago, US Congressman Dave Reichert (R-8) has written a four-part series about health-care reform for a group of Eastside papers, including the Auburn Reporter, the Bellevue Reporter, and the Issaquah Reporter. (Reichert was among four Washington State representatives who voted against health-care reform in the House—all three of our GOP reps plus Rep. Brian Baird, D-3.).

Although I’m disappointed that Reichert doesn’t support the basics of health-care reform, I do have to give him props for going into so much detail about his views on the health-care crisis.

With the Senate poised to vote on its version of the bill, the remaining three parts of Reichert’s epic editorial are out.

In Part II, Reichert comes out, unsurprisingly, in favor of “medical liability reform,” which would limit punitive damages from lawsuits against negligent doctors and other health-care providers.

Recent studies have also shown that liability reform not only lowers the cost of liability insurance for doctors, but also lowers health care costs generally through reducing the use of defensive medicine practices that include unnecessary tests and services – services that physicians order to protect themselves from lawsuits, but that have the effect of driving up insurance premiums.

Of course, lower “general” health-care costs are cold comfort to those injured or killed by negligent doctors in states like Texas, which Reichert cites as an example of successful medical tort reform. (Just last week, a report by Public Citizen declared medical liability reform in Texas a “failure.”)

In Part III, Reichert argues in favor of tax credits, subsidies, and health savings accounts.

By improving health savings accounts and flexible spending arrangements as well as creating new tax benefits to offset the cost of long-term care premiums, we can create incentives to be prepared and to save now for future and long-term health care.

The problem with those private-market solutions—essentially, you pay into an account now and withdraw money to pay for health costs out-of-pocket later—is that they work great if you don’t get sick, but can run out mighty fast if something happens, like a disabling accident, that suddenly increases your health care costs. (That’s one reason it’s called health “insurance.”)

Finally, in Part IV, Reichert comes out in favor of Personal Health Records, which would give patients and doctors online access to medical records, which Reichert calls a “needed first step toward a nationwide electronic medical records system.”

I don’t know a ton about PHRs, but they sound like a reasonable idea; however, I would be curious what privacy advocates have to say about putting sensitive medical information online and giving doctors (and potentially insurance providers?) access to that information.


  • Sarge

    No public option, no medicare buy-ins, no elimination of the anti-trust exemption, no re-importation of drugs from Canada. The only thing he can offer for cost savings is “liability reform” which in Texas has simply been another windfall for the insurance industry:

    “The percentage of uninsured people in Texas has increased, remaining the highest in the country with a quarter of Texans now uninsured; The cost of health insurance in the state has more than doubled; The cost of health care in Texas (measured by per patient Medicare reimbursements) has increased at nearly double the national average; and Spending increases for diagnostic testing (measured by per patient Medicare reimbursements) have far exceeded the national average.”

    The fact is the Republicans are concerned first and foremost with protecting the insurance industry and the income of the wealthiest Americans. Real health care reform – that actually does something about the 17% of GDP devoted to healthcare, tens of millions uninsured, medical bankruptcies, etc. – simply isn’t on the table.

  • Sarge

    No public option, no medicare buy-ins, no elimination of the anti-trust exemption, no re-importation of drugs from Canada. The only thing he can offer for cost savings is “liability reform” which in Texas has simply been another windfall for the insurance industry:

    “The percentage of uninsured people in Texas has increased, remaining the highest in the country with a quarter of Texans now uninsured; The cost of health insurance in the state has more than doubled; The cost of health care in Texas (measured by per patient Medicare reimbursements) has increased at nearly double the national average; and Spending increases for diagnostic testing (measured by per patient Medicare reimbursements) have far exceeded the national average.”

    The fact is the Republicans are concerned first and foremost with protecting the insurance industry and the income of the wealthiest Americans. Real health care reform – that actually does something about the 17% of GDP devoted to healthcare, tens of millions uninsured, medical bankruptcies, etc. – simply isn’t on the table.

  • http://www.joeszilagyi.com/ Joe Szilagyi

    Tort reform for medical liability is another red herring from the Right to limit cost to business at the expense of the general public; it serves no good nor ethical purpose to society.

    Electronic PHRs also do nothing to reduce costs. All they do long-term is potentially centralize and grant (if laws work out) controlled access to your medical records remotely. You’d think that anyone on the Right would be against this, as they’re against central controls in general. There’s an angle there, that I haven’t figured out yet, which would benefit business and the insurance agency in some way.

  • http://joeszilagyi.com Joe Szilagyi

    Tort reform for medical liability is another red herring from the Right to limit cost to business at the expense of the general public; it serves no good nor ethical purpose to society.

    Electronic PHRs also do nothing to reduce costs. All they do long-term is potentially centralize and grant (if laws work out) controlled access to your medical records remotely. You’d think that anyone on the Right would be against this, as they’re against central controls in general. There’s an angle there, that I haven’t figured out yet, which would benefit business and the insurance agency in some way.

  • http://www.joeszilagyi.com/ Joe Szilagyi

    Although, I will grant that making the system paperless is a Good Thing, but the controls for security that would be required for medical records would need to be as restrictive as they are for financial data.

  • http://joeszilagyi.com Joe Szilagyi

    Although, I will grant that making the system paperless is a Good Thing, but the controls for security that would be required for medical records would need to be as restrictive as they are for financial data.

  • Kathleen Anderson

    I favor a public option. I believe we need a critical mass who choose a pubic option in order to have enough market power to negotiate costs of medical care and prescription drugs just as insurance companies or HMOs like Group Health or the Kaiser Permanente are able to do.

    Taxpayers support the education of health care providers and provide funds for the letting of grants and contracts by organizations like the National Institutes of Health and National Science Foundation for research into improvements in health care.

    If our representatives cannot find their way to universal health care or even a public option for health care, we should be ashamed of ourselves.

  • Kathleen Anderson

    I favor a public option. I believe we need a critical mass who choose a pubic option in order to have enough market power to negotiate costs of medical care and prescription drugs just as insurance companies or HMOs like Group Health or the Kaiser Permanente are able to do.

    Taxpayers support the education of health care providers and provide funds for the letting of grants and contracts by organizations like the National Institutes of Health and National Science Foundation for research into improvements in health care.

    If our representatives cannot find their way to universal health care or even a public option for health care, we should be ashamed of ourselves.

  • Jen K

    News flash, ECB: Insurance companies already see your health records, any time they want to dispute a claim. Going online will just make it faster, I suppose.

  • Jen K

    News flash, ECB: Insurance companies already see your health records, any time they want to dispute a claim. Going online will just make it faster, I suppose.

  • http://www.topichotlist.com/ Daniel K

    In 2006 Reichert was trying to tell people he was all for closing the Doughnut Hole in Medicare Part D.

    I guess not so much these days given he will surely not support any health reform bill coming out of a Democratic Congress that will in fact close that hole.

  • http://www.topichotlist.com/ Daniel K

    In 2006 Reichert was trying to tell people he was all for closing the Doughnut Hole in Medicare Part D.

    I guess not so much these days given he will surely not support any health reform bill coming out of a Democratic Congress that will in fact close that hole.

  • sarah68

    PHRs will also give pharmaceutical companies information as to how to pitch their drug ads, both directly to you and to your doctors.

    The money made by liability insurance is made by the companies who charge the premiums, not the lawyers. Medmal is a very very difficult field of law; doctors don’t like to testify against another doctor and the cases are hard to prosecute and extremely difficult to win. Definitely a red herring to deflect the consumers’ attention on lawyers rather than insurance companies.

    Medical savings accounts are fine for people who don’t need them because they earn enough anyway to fund a possible transplant. In other words, they don’t hold cost down and they have absolutely no benefit for the average consumer, not when a doctor’s appointment costs like $150.

    Reichert probably didn’t write three consecutive words of Parts I-IV. Sheriffs aren’t chosen for their writing ability or intelligence, nor are Republican congresspeople.

  • sarah68

    PHRs will also give pharmaceutical companies information as to how to pitch their drug ads, both directly to you and to your doctors.

    The money made by liability insurance is made by the companies who charge the premiums, not the lawyers. Medmal is a very very difficult field of law; doctors don’t like to testify against another doctor and the cases are hard to prosecute and extremely difficult to win. Definitely a red herring to deflect the consumers’ attention on lawyers rather than insurance companies.

    Medical savings accounts are fine for people who don’t need them because they earn enough anyway to fund a possible transplant. In other words, they don’t hold cost down and they have absolutely no benefit for the average consumer, not when a doctor’s appointment costs like $150.

    Reichert probably didn’t write three consecutive words of Parts I-IV. Sheriffs aren’t chosen for their writing ability or intelligence, nor are Republican congresspeople.

  • F-Nipper

    I’ve used electronic medical records for the past decade, as a care provider in a primary care clinic. I could go on and on, and I just might.

    My ‘insider’s’ view

    –The benefit of some type of medical record, including prior health problems, vaccinations, illnessesk and hospitalization, in the care of an individual patient (like you), is more valuable than you can imagine. Ask any doctor or nurse you know.

    –Privacy — Right now, if as a health care provider I divulge medical information regarding you, and I’m caught, I lose my job (guaranteed), possibly my license, pay some fines, and may spend time in jail. Protection of PHI is taken very seriously by every HCW I’ve ever known. I am not worried about privacy with creation of a national health record database. (of course it will not be perfect)

    (i won’t digress too much about pharmaceutical companies, but people should know that currently they have access to individual doctors’ prescribing patterns – and they use that info to do killer marketing, with lots of freebies, all to influence what drug that doctor prescribes – EVEN IF IT’S NOT THE BEST DRUG FOR THE PROBLEM) That’s the marketplace at work.

    – Medical errors. You may know the numbers – more people dying each year from medical mistakes – a push to reward ‘good’ hospitals’ and limit the payments to ‘bad’ hospitals, mostly an effort by Medicare, and private insurers. Imagine if every doctor and hospital had access to all your records – from your prior heart surgery, breast lump removal, serious penicillin reaction, childhood cancer, or history of heartburn – in an easily retrievable way? A complete medical history is your life’s story, told by your symptoms, and signs, and worries, or lack of them. Knowing this information will lead to less medical mistakes, saving literally tens of thousands of lives.

    – Most important. REALLY, the most important outcome of adopting a national health record database is the slow evoluation in people’s thinking that it would lead to — as you went doctor to doctor and it was seamless, you would say, shouldn’t the payment, and reimbursement, and all the business side of it, be the same? Seamless? Well, we won’t ever get to that with a fragmented, market-based approach to health care and so-called health ‘insurance.’

    The bone we’ve been thrown (but taken away!) of a public option is a national embarrassment. We need a national system that covers all citizens, isn’t linked to employment and employers, and doesn’t deny care for health problems. It’s as simple as that. And that national health care system needs a national information repository to function effectively and efficiently. There is no other way it can happen, unless there is a nationwide EMR.

    That’s my buck three-eighty. Naysayers, please bring it on.

  • F-Nipper

    I’ve used electronic medical records for the past decade, as a care provider in a primary care clinic. I could go on and on, and I just might.

    My ‘insider’s’ view

    –The benefit of some type of medical record, including prior health problems, vaccinations, illnessesk and hospitalization, in the care of an individual patient (like you), is more valuable than you can imagine. Ask any doctor or nurse you know.

    –Privacy — Right now, if as a health care provider I divulge medical information regarding you, and I’m caught, I lose my job (guaranteed), possibly my license, pay some fines, and may spend time in jail. Protection of PHI is taken very seriously by every HCW I’ve ever known. I am not worried about privacy with creation of a national health record database. (of course it will not be perfect)

    (i won’t digress too much about pharmaceutical companies, but people should know that currently they have access to individual doctors’ prescribing patterns – and they use that info to do killer marketing, with lots of freebies, all to influence what drug that doctor prescribes – EVEN IF IT’S NOT THE BEST DRUG FOR THE PROBLEM) That’s the marketplace at work.

    – Medical errors. You may know the numbers – more people dying each year from medical mistakes – a push to reward ‘good’ hospitals’ and limit the payments to ‘bad’ hospitals, mostly an effort by Medicare, and private insurers. Imagine if every doctor and hospital had access to all your records – from your prior heart surgery, breast lump removal, serious penicillin reaction, childhood cancer, or history of heartburn – in an easily retrievable way? A complete medical history is your life’s story, told by your symptoms, and signs, and worries, or lack of them. Knowing this information will lead to less medical mistakes, saving literally tens of thousands of lives.

    – Most important. REALLY, the most important outcome of adopting a national health record database is the slow evoluation in people’s thinking that it would lead to — as you went doctor to doctor and it was seamless, you would say, shouldn’t the payment, and reimbursement, and all the business side of it, be the same? Seamless? Well, we won’t ever get to that with a fragmented, market-based approach to health care and so-called health ‘insurance.’

    The bone we’ve been thrown (but taken away!) of a public option is a national embarrassment. We need a national system that covers all citizens, isn’t linked to employment and employers, and doesn’t deny care for health problems. It’s as simple as that. And that national health care system needs a national information repository to function effectively and efficiently. There is no other way it can happen, unless there is a nationwide EMR.

    That’s my buck three-eighty. Naysayers, please bring it on.

  • sarah68

    Yes, Pharma knows providers’ prescribing patterns, but they can’t directly trace patients’ histories yet. A national records system will allow that, and will allow anyone else to do so, including employers who will fire or not hire using that info (although not openly). If you think such a system can be made even halfway safe, consider how many leaks and deliberate hacking of credit/financial information there’ve been over the last 5 years.

    It’s either not out there (except in a closed system such as an HMO with employee providers, and even that’s only debatably secure) or all out there. There’s no real compromise.

  • sarah68

    Yes, Pharma knows providers’ prescribing patterns, but they can’t directly trace patients’ histories yet. A national records system will allow that, and will allow anyone else to do so, including employers who will fire or not hire using that info (although not openly). If you think such a system can be made even halfway safe, consider how many leaks and deliberate hacking of credit/financial information there’ve been over the last 5 years.

    It’s either not out there (except in a closed system such as an HMO with employee providers, and even that’s only debatably secure) or all out there. There’s no real compromise.

  • http://www.jasonosgood.com/ Jason Osgood

    Happy days! I also want liability reform.

    My proposal will halve (1/2) the per capita spending on health care, greatly reduce the need for malpractice insurance, and largely eliminate healthcare settlements.

    I call this wondrous system: universal health care with a single payer.

    Seriously, why do all the Republican notions of “reform” somehow manage to benefit their cronies? Tort reform in Texas unexpectedly resulted in records profits for insurance companies.

    Families need livings wages before they can benefit from health savings accounts.

    PHRs (aka electronic medical records) don’t reduce costs and results are mixed for improved patient care quality (outpatients up, inpatients level). This lack of ROI mirrors the adoption of IT by the other industries I’ve worked in (accounting, A/E/C, print mfg).

    The promise of PHRs is to enable other improvements. (MIT Technology Review November 2009 had a pretty good survey.) But that’s some years off.

    Well. At least Reichert put in the effort to copy other people’s discredited ideas.

  • http://www.jasonosgood.com Jason Osgood

    Happy days! I also want liability reform.

    My proposal will halve (1/2) the per capita spending on health care, greatly reduce the need for malpractice insurance, and largely eliminate healthcare settlements.

    I call this wondrous system: universal health care with a single payer.

    Seriously, why do all the Republican notions of “reform” somehow manage to benefit their cronies? Tort reform in Texas unexpectedly resulted in records profits for insurance companies.

    Families need livings wages before they can benefit from health savings accounts.

    PHRs (aka electronic medical records) don’t reduce costs and results are mixed for improved patient care quality (outpatients up, inpatients level). This lack of ROI mirrors the adoption of IT by the other industries I’ve worked in (accounting, A/E/C, print mfg).

    The promise of PHRs is to enable other improvements. (MIT Technology Review November 2009 had a pretty good survey.) But that’s some years off.

    Well. At least Reichert put in the effort to copy other people’s discredited ideas.

  • http://www.jasonosgood.com/ Jason Osgood

    Hi Erica.

    About privacy. There’s the legal, HIPAA. And there’s the actual.

    HIPAA says healthcare workers can’t share personal data with others without consent. But techs like me, who build and maintain the systems, are exempt.

    All your patient data is stored plaintext (not encrypted). We can’t encrypt the data, because that would defeat the purpose of aggregating all the data in the first place (making sure the person in front of the doctor is the right Jason Osgood and the correct leg gets cut off).

    The only practical thing to do to protect your privacy is to keep an audit log. That’s a record of everyone who looked at your data.

    Some of our clients are really good about policing their systems. Others, not so much. (My girlfriend had a procedure done at another hospital because she knew her coworkers would look at her records, illegally.)

    Gathering all the data, and improving the data that is gathered, has enormous potential for improving healthcare.

    The example given in Technology Review was Vioxx. It entered the market in 1999. But only after analyzing 1.4m patient records in 2004 was the problem (increased heart attacks) found.

    So the pharmas would love to get access to this data. Alas, there’s no way to anonymize (de-identify) the data, protecting patient’s identity. So right now, broad studies require special arrangements.

    I predict eventually our medical records will be public records, more or less. The next generation (e.g. my son) has a very different worldview about privacy. They basically don’t care.

    More broadly…

    In practical terms, we no longer have any privacy. Credit cards, buyers clubs, search history, facebook, voting records (ahem), court documents, credit history, etc. It’s all available, aggregated, and data mined. Today.

    Scott McNealy famously said “You have no privacy, get over it.” He was reviled for stating the obvious.

    Here’s a video of Google Talk by private investigator Steve Rambam Privacy is Dead – Get over it. It’s long. I watched the whole thing, it’s spot on.

    Briefly, everyone’s collecting data on you, the government outsources the things it cannot do itself, your cell phone is spying on you.

    Rambam gives lots of worrying examples, such as: your anonymous reviews to imdb.com can be identified by correlation with your rental history from netflix, the location of everyone’s cell phones (and other history) is being used to infer your social network (by proximity).

    For non-geeks, it all sounds like the wild-eyed conspiracy theories of a kook (ahem). Alas, it’s all true.

    So what’s the fix?

    We can’t restore people’s personal privacy. But we can watch the watchers. David Brin’s idea is the Transparent Society.

    His thesis is we need is a (restored) balance of power. The basic idea is that today’s arrangement is asymmetrical; we don’t know who’s watching us or what questions they’re asking.

    (Aside: Studies have shown that people behave quite admirably when they know they’re being watched and recorded.)

    Here’s a related idea that should be considered:

    Who owns the data about me? Is the laboratory company that ran the test and recorded the result? Is it the credit card company that records every purchase? Is the cell phone company that records everywhere I go, who I talk to, and what I said?

    There really isn’t much precedence here. Except maybe persons of interest, like David Bowie or the Pope, who can claim a copyright for their personas and appearances.

    My position: Any data about me is mine. If you’re going to profit from selling my buying history to advertisers, I want my cut. If someone’s using my medical data in a longitudinal study, I want my cut. Etc, you get the idea.

    Sorry that this is rambling. But, as you already know, this is something I think about and wanted to share.

  • http://www.jasonosgood.com Jason Osgood

    Hi Erica.

    About privacy. There’s the legal, HIPAA. And there’s the actual.

    HIPAA says healthcare workers can’t share personal data with others without consent. But techs like me, who build and maintain the systems, are exempt.

    All your patient data is stored plaintext (not encrypted). We can’t encrypt the data, because that would defeat the purpose of aggregating all the data in the first place (making sure the person in front of the doctor is the right Jason Osgood and the correct leg gets cut off).

    The only practical thing to do to protect your privacy is to keep an audit log. That’s a record of everyone who looked at your data.

    Some of our clients are really good about policing their systems. Others, not so much. (My girlfriend had a procedure done at another hospital because she knew her coworkers would look at her records, illegally.)

    Gathering all the data, and improving the data that is gathered, has enormous potential for improving healthcare.

    The example given in Technology Review was Vioxx. It entered the market in 1999. But only after analyzing 1.4m patient records in 2004 was the problem (increased heart attacks) found.

    So the pharmas would love to get access to this data. Alas, there’s no way to anonymize (de-identify) the data, protecting patient’s identity. So right now, broad studies require special arrangements.

    I predict eventually our medical records will be public records, more or less. The next generation (e.g. my son) has a very different worldview about privacy. They basically don’t care.

    More broadly…

    In practical terms, we no longer have any privacy. Credit cards, buyers clubs, search history, facebook, voting records (ahem), court documents, credit history, etc. It’s all available, aggregated, and data mined. Today.

    Scott McNealy famously said “You have no privacy, get over it.” He was reviled for stating the obvious.

    Here’s a video of Google Talk by private investigator Steve Rambam Privacy is Dead – Get over it. It’s long. I watched the whole thing, it’s spot on.

    Briefly, everyone’s collecting data on you, the government outsources the things it cannot do itself, your cell phone is spying on you.

    Rambam gives lots of worrying examples, such as: your anonymous reviews to imdb.com can be identified by correlation with your rental history from netflix, the location of everyone’s cell phones (and other history) is being used to infer your social network (by proximity).

    For non-geeks, it all sounds like the wild-eyed conspiracy theories of a kook (ahem). Alas, it’s all true.

    So what’s the fix?

    We can’t restore people’s personal privacy. But we can watch the watchers. David Brin’s idea is the Transparent Society.

    His thesis is we need is a (restored) balance of power. The basic idea is that today’s arrangement is asymmetrical; we don’t know who’s watching us or what questions they’re asking.

    (Aside: Studies have shown that people behave quite admirably when they know they’re being watched and recorded.)

    Here’s a related idea that should be considered:

    Who owns the data about me? Is the laboratory company that ran the test and recorded the result? Is it the credit card company that records every purchase? Is the cell phone company that records everywhere I go, who I talk to, and what I said?

    There really isn’t much precedence here. Except maybe persons of interest, like David Bowie or the Pope, who can claim a copyright for their personas and appearances.

    My position: Any data about me is mine. If you’re going to profit from selling my buying history to advertisers, I want my cut. If someone’s using my medical data in a longitudinal study, I want my cut. Etc, you get the idea.

    Sorry that this is rambling. But, as you already know, this is something I think about and wanted to share.

  • ratcityreprobate

    FTW 7. sarah68 says: “Reichert probably didn’t write three consecutive words of Parts I-IV. Sheriffs aren’t chosen for their writing ability or intelligence, nor are Republican congresspeople.”

  • ratcityreprobate

    FTW 7. sarah68 says: “Reichert probably didn’t write three consecutive words of Parts I-IV. Sheriffs aren’t chosen for their writing ability or intelligence, nor are Republican congresspeople.”

  • Patty

    If this bill were to pass as is it would remove any chance I have to access health care.

    If I am forced to purchase insurance, even the cheapest plan, and then pay the first 1,200 out of pocket and co-pays, I won’t be able to do anything but pay the premium or the fine. I won’t be able to afford to actually use the insurance.

    The only thing I can afford now is regular trips to the dentist, an M.D. is out of the question. If this passes I will have to forgo all care and I don’t see how I will be able to make my rent! This is a nightmare for me, it is causing me such stress that it is almost unbearable.

    I don’t know what I’m going to do, there is a good chance this will make me homeless if it passes.

  • Patty

    If this bill were to pass as is it would remove any chance I have to access health care.

    If I am forced to purchase insurance, even the cheapest plan, and then pay the first 1,200 out of pocket and co-pays, I won’t be able to do anything but pay the premium or the fine. I won’t be able to afford to actually use the insurance.

    The only thing I can afford now is regular trips to the dentist, an M.D. is out of the question. If this passes I will have to forgo all care and I don’t see how I will be able to make my rent! This is a nightmare for me, it is causing me such stress that it is almost unbearable.

    I don’t know what I’m going to do, there is a good chance this will make me homeless if it passes.

  • Danno

    @12 You got that right rat! let’s recall how any years Reichert failed in his search for the Green River Killer and how many more women were killed during those years due to his incompetence. Of course being a Republican the eventual capture of the killer makes him a hero.

    But, alas, (I use that word so seldom) the Democrats are no better. We have a corporate controlled government and your vote only serves to encourage them.

  • Danno

    @12 You got that right rat! let’s recall how any years Reichert failed in his search for the Green River Killer and how many more women were killed during those years due to his incompetence. Of course being a Republican the eventual capture of the killer makes him a hero.

    But, alas, (I use that word so seldom) the Democrats are no better. We have a corporate controlled government and your vote only serves to encourage them.

  • Algernon

    Washington doesn’t allow punitive damages in medical negligence cases.

  • Algernon

    Washington doesn’t allow punitive damages in medical negligence cases.