Baucus proposing Hillary-redux only worse; Coburn and others propose Republican plan

The Senate Finance Committee released three “policy options” papers, and accepted public comment very briefly.  The details, filling more than 150 pages single-spaced, were not conjured up de novo, but owe much to the briefing books of the Clinton Task Force on Health Care Reform.

We’ve seen the no administrative or judicial review feature before. It also fits in well with the concept of a federal health board, modeled on the Federal Reserve, promoted by Tom Daschle and others. This would apply to such critical items as the definition of “quality” and the method for calculating “value-based payments.”

The Health Fed’s “guidelines” would be backed up by enhanced fines—$10,000 per instance of “medically improper or unnecessary care” (AAPS News, June 2009, p 2).

The second paper outlines insurance reforms, including the establishment of Exchanges. One of their functions would be to decertify and remove health benefit plans that didn’t satisfy their criteria. Minimum benefits would be set, and would include mental health and substance abuse services. There would be no lifetime limits on coverage or annual limits on benefits, and no (or only nominal) cost sharing for “preventive” benefits.

The “public health insurance option” would, like Medicare, be administered by private carriers. Under approach #1, a “Medicare-like plan,” Medicare providers would be required to participate and would be paid Medicare rates plus 0-10%.

The “shared responsibility” section discusses the “personal responsibility coverage requirement” (individual mandate). Insurers as well as individuals would be required to report months of qualified health coverage to the Internal Revenue Service. The penalty would be a phased-in excise tax up to 75% of premiums, with exemptions for undocumented aliens, individuals whose lowest-cost option exceeded 10% of income, and some others.

A proposed “pay or play” employer requirement would include an excise tax based on gross receipts.

Because of evidence showing that the elderly are very price sensitive, and that a $10 copayment increase led to a 20% decrease in physician office visits, the plan would eliminate Medicare copayments for certain certified preventive services (and thus increase demand and expenditures).

The plan to reduce “health disparities” would standardize collection of data on ethnicity and primary language, and require more data on treatment of the disabled. Standards for culturally and linguistically appropriate health care services (CLAS) would be extended to private insurers in the Health Insurance Exchange.

Savings and revenue options are discussed in the third policy paper. Certain sectors (such as imaging and home health services) and geographic areas in which spending per beneficiary is above a certain threshold, are targeted for payment cuts. Assets such as automobiles and cash savings would be considered as well as income in determining beneficiary cost sharing or subsidy.

A very lucrative target for funding is the “tax expenditure” (exclusion from tax) of employer-provided benefits. The deductibility of medical expenses exceeding 7.5% of adjusted gross income, health savings accounts, flexible spending arrangements, and health reimbursement arrangements are also being scrutinized. Additional excise taxes, as on sugar-sweetened drinks, are being proposed.

The short summary is: more taxes, more mandates, more controls, more penalties.

A Republican alternative, the Patient’s Choice Act, is proposed by Sen. Tom Coburn, M.D. (R-OK), Sen. Richard Burr (R-NC), Rep. Paul Ryan (R-WI), and Rep. Devin Nunes (R-CA).

The bill would provide a refundable, advanceable tax credit to apply to the purchase of health insurance. It is not a net overall tax increase or decrease; it just redistributes the tax break (as to people who don’t pay income or payroll taxes) and puts an upper limit on it. John Goodman writes that the bill would cut the number of uninsured in half while remaining revenue neutral; in contrast, the Obama plan would require an increase of $1.5 trillion in spending over 15 years for the same reduction in the uninsured. www.john-goodman-blog.com/the-republican-health-plan.

Congressman Ryan has posted frequently asked questions.

Under the Coburn plan, insurance Exchanges would be voluntary—but would require guaranteed issue. Purchase of insurance across state lines would be permitted—through interstate compacts and interstate pooling arrangements. Transparency is promised for both price and quality information, through a public-private partnership—a new bureaucracy called the Healthcare Services Commission.

Viewing the short and long summaries prepared by Sen. Coburn’s office, the intention is to put “health care decisions in the hands of patients.” As to why American medicine fails so many patients, Coburn says, “The answer begins and ends with government intervention.”

The plan does not have a “public plan” or individual or employer mandates. Unfortunately, it does laud the Massachusetts plan, and it includes a number of government interventions, including subsidies, “prioritizing,” defining metrics and benefits, and “realigning incentives.”

Additional information:

AAPS analysis of Baucus Call to Action Health Reform 2009.

Suicides, psychiatric disorders, and brain injuries take heavy toll in U.S. soldiers

Suicide is the fourth leading cause of death in American soldiers. Since the beginning of the “war on terror,” the Army has lost more than 580 soldiers to suicide, the equivalent of an entire infantry battalion. Military suicides in 2008 were 13% higher than in 2006. In addition, nearly 6,500 veterans take their own lives in a year (Human Events 6/16/08).

The record high number of suicides was the subject of a Senate hearing on March 18, 2009. Most of the victims seemed to have been suffering from post-traumatic stress disorder (PTSD) (Democracy Now 2/20/09).

It is estimated that about 20,000 troops in Iraq and Afghanistan were taking selective serotonin reuptake inhibitor (SSRI) antidepressants and/or sleeping pills such as Ambien—including 70% of those who attempted suicide. While the Army states that “failed relationships” are the primary cause of suicides, some think the drugs contribute, and criticize the “pharmacologic imperative” said to dominate in military psychiatry (Mark Thompson, “America’s Medicated Army,” Time 6/5/08).

A problem that is likely related is the traumatic brain injury (TBI) reportedly suffered by as many as 360,000 U.S. troops (AP 3/5/09). TBI can result from blast injuries, even in the absence of direct impact trauma (Bhattacharjee Y. Shell shock revisited: solving the puzzle of blast trauma. Science 2008;3198:406-408), for example, from improvised explosive devices (IEDs).

The prevalence of PTSD increased linearly with the number of firefights experienced during deployment: from 4.5% with no firefights, 9.3% with one or two, 12.7% with three to five, and 19.3% for more than five (P<.001) (Hoge CW et al. N Engl J Med 2004;351:13-22).

The rapid compression/decompression accompanying a blast wave can produce showers of air emboli in the carotid artery, detected by Doppler up to 30 minutes after the injury. On this basis, hyperbaric oxygenation has been recommended for treatment, and has had favorable results in 16 out of 16 cases, even long delayed. The military, however, is not yet using this treatment (Army Times 3/3/09).

A research protocol for hyperbaric oxygenation has been approved, and enrollment of veterans with TBI is slated to begin in about 3 weeks. (See testimony before House Armed Services Committee, May 14, 2009 by Walter Jones).

Additional information:

Current Status of CSHB 3816/CSSB 2336

CSHB 3816 Scheduled for Vote In Texas House Today,
Thursday, May 14th

Austin, Texas
May 14, 2009

Committee Substitute House Bill (CSHB) 3816, authored by Rep. Fred Brown, was passed out of the Calendars Committee and is still scheduled to be voted upon by the full Texas House.  We are hoping that it will be voted on today, Thursday, May 14th.

Contact your state representative today by phone and e-mail and ask him or her to vote “Yes!” on CSHB 3816. It is critical that we continue to take action to ensure our success.  

You can locate your state representative and his or her contact information at http://www.house.state.tx.us/resources/faq.htm#who_rep.

Rep. Fred Brown has provided tremendous leadership in getting this bill up for a vote in the House. Senator Dan Patrick is carrying this bill in the Texas Senate and will pick up CSHB 3816 when it is passed by the House. Let’s continue to stand with these outstanding leaders!

CSHB 3816 revises the Texas Medical Practice Act to prevent competitors, insurance companies, drug companies and hospitals from filing anonymous complaints against physicians. It prohibits conflicts of interest to prevent board members from working for insurance or other companies who are adverse to patients and physicians.  It provides for transparency of the actions of the Texas Medical Board, ensures legal due process and protects patients’ and physicians’ rights from regulatory abuse.  

Visit the Texans for Patients and Physicians website, www.txppr.com, to read CSHB 3816.

Synopsis of the C.S.H.B. 3816

  1. Eliminate anonymous complaints and provide the accused physician with a copy of the complaint (with narrow exceptions).
  2. Abuse of the complaint process by insurance companies shall be grounds for imposing sanctions by the commissioner of the Texas Department of Insurance.
  3. A reasonable time of 45 days to respond to complaints (currently the physician must respond in only 14 days, which is far too short for a defense).
  4. Prohibition of conflicts of interests by TMB members.
  5. Expert witnesses must be actively practicing medicine in the same or similar specialty as the accused physician, and the expert shall review the record with the patients’ and physicians’ identities redacted.
  6. No more disregard by the TMB of expert testimony that exonerates physicians subject to complaints; such reports must be provided to the physicians.
  7. Transparency by requiring disclosure of the list of names of persons who served on the ISC disciplinary panels during the prior year.
  8. A seven-year statute of limitations on complaints to prevent the current practice of abusive complaints that go back as far as 29 years.
  9. A physician may practice medicine in a manner currently taught by an accredited organization, and the Board may not direct a physician in how to practice medicine except to prevent actual harm or an imminent risk of harm.
  10. Physicians may request the recording of the ISC disciplinary proceeding.
  11. The Board must accept the findings of the administrative law judge or contest them in a legal proceeding, rather than ignoring them as the Board does now.
  12. The Board shall not discipline a physician for allegedly non-therapeutic care unless it has a likelihood of harm to a patient.
  13. Doctors, like attorneys, deserve a right to a jury trial before license revocation.

CSHB 3816 Set for House Vote Wednesday!

Late last night the Committee Substitute House Bill (CSHB) 3816, introduced by Rep. Fred Brown to reform the Texas Medical Board, was passed out of the Calendars Committee.  Thank God!

It is scheduled to be voted upon by the full Texas House tomorrow, Wednesday, May 13, 2009.

PLEASE contact your state representative today and tomorrow by phone and e-mail and ask him or her to vote “Yes!” on CSHB 3816. This is the most critical vot e thus far. It is crucial for your to take action now to ensure our success.  

PLEASE locate who your state representative is and find his contact information online at http://www.house.state.tx.us/resources/faq.htm#who_rep.

CSHB 3816 revises the Texas Medical Practice Act to prevent competitors, insurance companies, drug companies and hospitals from filing anonymous complaints against physicians. It prohibits conflicts of interest to prevent board members from working for insurance or other companies who are adverse to patients and physicians.  It provides for transparency of the actions of the Texas Medical Board, ensures legal due process and protects patients and physicians’ rights from regulatory abuse.  CSHB 3816 does the following:

  1. Eliminates anonymous complaints and provide the accused physician with a copy of the complaint (with narrow exceptions).
  2. Abuse of the complaint process by insurance companies shall be grounds for imposing sanctions by the commissioner of the Texas Department of Insurance.
  3. A reasonable time of 45 days to respond to complaints (currently the physician must respond in only 14 days, which is far too short for a defense).
  4. Prohibition of conflicts of interests by TMB members.
  5. Expert witnesses must be actively practicing medicine in the same or similar specialty as the accused physician, and the expert shall review the record with the patients’ and physicians’ identities redacted.
  6. No more disregard by the TMB of expert testimony that exonerates physicians subject to complaints; such reports must be provided to the physicians.
  7. Transparency by requiring disclosure of the list of names of persons who served on the ISC disciplinary panels during the prior year.
  8. A seven-year statute of limitations on complaints to prevent the current practice of abusive complaints that go back as far as 29 years.
  9. A physician may practice medicine in a manner currently taught by an accredited organization, and the Board may not direct a physician in how to practice medicine except to prevent actual harm or an imminent risk of harm.
  10. Physicians may request the recording of the ISC disciplinary proceeding.
  11. The Board must accept the findings of the administrative law judge or contest them in a legal proceeding, rather than ignoring them as the Board does now.
  12. The Board shall not discipline a physician for allegedly non-therapeutic care unless it has a likelihood of harm to a patient.
  13. Doctors, like attorneys, deserve a right to a jury trial before license revocation.

PLEASE CALL AND EMAIL NOW!  The le gislators work late.  THANK YOU!

 

 

Action Needed Now: Texas medical board bill

PLEASE: Your phone calls and emails are needed IMMEDIATELY.  This Thursday, May 14th, is the DEADLINE for passing medical board reform, CSHB 3816, by bringing it to a vote in the House.  The House Calendars Committee needs to set a date BY THE END OF THE DAY TUESDAY in order for a vote to take place this week. Your phone calls and emails are desperately needed.

 

Please call and email, ask your staff and patients to call from their own phones, the persons identified below TO SUPPORT A VOTE ON CSHB 3816.

 

Speaker of the House

Rep. Joe Straus

(512) 463-1000

joe.straus@house.state.tx.us

Craig.chick@speaker.state.tx.us

Jennifer.deegan@speaker.state.tx.us


2009 House Calendars Committee

 

Chair

Rep. Brian McCall   

(512) 463-0594

brian.mccall@house.state.tx.us

Sean Cunningham – Chief of Staff

Sean.cunningham@house.state.tx.us

 

Vice Chair

Rep. Eddie Lucio, III

Eddie.lucio@house.state.tx.us

(512) 463-0606

Ruben O’Bell – Chief of Staff

Ruben.obell@house.state.tx.us

 

Members

Rep. Norma Chavez            

(512) 463-0622

Norma.chavez@house.state.tx.us

Ali Razavi – Chief of Staff

Ali.razavi@house.state.tx.us

 

Rep. Garnet Coleman          

(512) 463-0524

Garnet.coleman@house.state.tx.us

Erin Gilmer, J.D.  – Policy Analyst General Counsel

Erin.gilmer@house.state.tx.us

 

Rep. Byron Cook                 

Byron.cook@house.state.tx.us

(512) 463-0730

Toni Barcellona – Chief of Staff

Toni.barcellona@house.state.tx.us

 

Rep. Brandon Creighton

(512) 463 -0726

Brandon.creighton@house.state.tx.us

Becky Dean – Chief of Staff

Becky.dean@house.state.tx.us

Sandy Garcia – Legislative Director

Sandy.garcia@house.state.tx.us

 

Rep. Charlie Geren

(512) 463-0610

Charlie.geren@house.state.tx.us

Laura Grable – Chief of Staff

Laura.grable@house.state.tx.us

Robert Armstrong – Legislative Director

Robert.armstrong@house.state.tx.us

 

Rep. Jim Keffer                    

Jim.keffer@house.state.tx.us

(512)463-0656

Ky Ash – Chief of Staff and Legislative Director

Ky.ash@house.state.tx.us

 

Rep. Lois Kolkhorst             

(512) 463-0600

Lois.kolkhorst@house.state.tx.us

Chris Steinbach – Chief of Staff

Chris.steinbach@house.state.tx.us

Ann Marie Price – Legislative Director

Annmarie.price@house.state.tx.us

 

Rep. Edmund Kuempel       

Edmund.kuempel@house.state.tx.us

(512) 463-0602

Brittney Thomas – Chief of Staff

Brittney.thomas@house.state.tx.us

 

Rep. Jim McReynolds          

(512) 463-0490

Jim.mcreynolds@house.state.tx.us

Heather Fleming – Legislative Dir.

Heather.fleming@house.state.tx.us.

 

Rep. Allan Ritter                  

(512) 463-0706

Allan.ritter@house.state.tx.us

Sean Haynes – Chief of Staff and Legislative Director

Sean.haynes@house.state.tx.us

 

Rep. Burt Solomons             

(512) 463-0478

Burt.solomons@house.state.tx.us

Bonnie Bruce – Legislative Director

Bonnie.bruce@house.state.tx.us

 

Please be sure to forward this email to your distribution lists and ask them to do likewise.  TIME IS URGENT NOW.  Thank you!

 

The Association of American Physicians & Surgeons