A Patient’s Bill of Rights: Possible Counterbalance to Value-Based Payment

Last week’s blog explored the relationship between collection of patient data and value-based payment for patient outcomes. The fact that payments will be driven by data is one of the lesser recognized drivers of data collection, but it is of no small consequence to providers. Ultimately, if accountable care organizations (ACO) manifest as planned, integrated health networks will be paid for performance based on a defined set of quality indicators as evidenced by the data.

Provider organizations are gearing up for the switch, and a fully functional electronic patient record system is an integral part of a viable ACO. Performance-based payments mean that the fee-for-service model will become rare, perhaps extinct. When providers are paid, not by each incident of service or each product/treatment prescribed, it will necessarily drive down the cost of individual products and services since they will not be reimbursable at cost. In fact, their reimbursement will not be assured since payment will be based on retrospective data.

Patient’s Right to Most Effective Treatment

I was speaking with a cardiologist about the effect that performance-based pricing has on his patients, and his most notable complaint was that he felt the patient has no rights in this lowest bidder environment. His typical case in point: It sometimes takes a year or more to find the right combination of drugs to control a patient’s heart condition. He usually determines an effective therapeutic regimen after lengthy trial and error. If, however, the patient changes jobs or the patient’s employer changes health plans, often the drug formulary changes with it and the preferred drugs on the new formulary are not in the patient’s regimen. Formularies are a form of performance-based pricing since a health plan must be convinced by the pharmaceutical companies that particular drugs will work and the plan will recoup its costs in healthier patients. If a patient becomes subject to a new drug formulary, at that time, the cardiologist can either spend time and effort attempting to establish medical need of the patient’s regimen by filling out paperwork and going through an appeals process, or he has to attempt to find new treatments covered by the new plan and another period of trial and error commences.

This physician was passionate about this issue and how it has negatively impacted his patients. He suggested that a Patient’s Bill of Rights  needs to be implemented as part of the national overhaul of healthcare to protect patient care. In his example of pharmaceutical coverage, he would like to see his patients who are controlled on specific medications to have the right to continue on those medications even if the payer changes.

When we think about HIPAA  today, we think about the patient privacy elements of that law. But very clearly, the Health Insurance Portability and Accountability Act of 1996 was also about the portability of insurance – that patients had the right to take their health insurance with them so they wouldn’t have coverage interruption if they changed jobs. Much of this concern has been made moot by ObamaCare that can kick in whenever someone doesn’t have coverage. Piggybacking on the concept of portability of health insurance, the cardiologist is suggesting that patients also have the right to continue effective care from one provider and payer to another.

Lowest-Bidder Healthcare

Imagine, if you will, that as all pharmaceuticals, treatments and diagnostics enter the system of performance-based payments, they will no longer be paid on an as-needed, per unit basis but rather as part of a lowest-bidder system. Already, I saw an article  today encouraging labs and pathologists to rethink their pricing structure to accommodate the ACO model. The underlying message was that they will need to move from the current fee-for-service structure to one that provides package pricing at bottom-feeder rates to compete for the business of hospitals and health systems that are being driven into this outcomes-based reimbursement scheme.

As we move toward outcomes-based payment models, no part of the health care system will go untouched. Everyone will be forced into a “value” proposition payment model and that means patients will be driven toward certain low-cost providers, treatments and labs.

Which leads to this cardiologist’s concern. Will patients have any rights to choose their drugs, their providers, their labs or really any part of their healthcare that they prefer or works best for them individually? Or will they be driven into a uniform system of treatments and providers based on best value for the price as determined by the data?

Perhaps resurrecting the idea of a Patient’s Bill of Rights  would act as a countervailing force in this lowest bidder scenario.

 

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A Norman Rockwell Counting Our Blessings Edition of Health Wonk Review

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Such a beautiful, American scene! Freedom From Want by Norman Rockwell.

Many special thanks to Brad Wright for this lovely Thanksgiving Day Count Our Blessings Edition of Health Wonk Review.  (Eeek, I have and use that pumpkin pie dish!)

Enjoy this edition of HWR and especially the visual Rockwell treats throughout!

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Posted in biotechnology, electronic patient records, health economics, health insurance, health IT, health policy, health reform, healthcare change management | Tagged | Leave a comment

Federal Health IT Strategic Plan: Where are the incentives?

He always resides in the details, and you know who “he” is

Last month, HHS released its Federal Health IT Strategic Plan 2015-2020 . Until this week, I had only read some stories about it. This week, I read it. It points out in several places that we have made tremendous progress through the federal push via financial incentives and disincentives to force providers to install and use electronic patient record systems. While acknowledging those systems aren’t fully living up to their potential (see interoperability), HHS pats itself on its back for moving the needle a lot through its sort-of bully approach.

“Implementation of the prior Plan created a strong foundation for achieving this Plan’s goals and objectives. Over 450,000 eligible professionals and 4800 eligible hospitals received an incentive payment for participating in the Medicare and Medicaid electronic health record (EHR) Incentive Programs. This achievement was not easy. . .this has created a strong demand for sharing of information across systems, information platforms, location, provider or other boundaries.

“This Plan aims to remain flexible to evolving definitions of health, health care, and the technology developments that support them.” (p.4)

General Direction, Not a Direct Path

Having led the parade in the past, HHS makes it clear in this document that it recognizes the future direction of health technology lies more in the hands of consumer demand, provider need-to-know and the pace of technological advancement.

The Federal Strategic Health IT Plan is 50 pages of guidance and direction. The detail of the IT part of execution lies in a separate roughly 250-page document, also released last month, the Roadmap.

In 2011, the last time the government delivered a strategic health plan, it wasn’t gifted with the vision to see around corners. In fact, the whole Office of the National Coordinator for Health Information Technology came out of a “we better do something” mindset back in 1986. Now, with hindsight and lots of input from thousands of providers, policy experts, tech gurus and numbers crunchers, this document is one that gives the future a general direction but doesn’t provide a direct path. Hindsight has given the strategists the insight to know that the future will take shape in unforeseen ways.

In particular, it moves the locus of responsibility from the federal government out closer to the place where health happens in individual lives and communities. The detail supports a move toward personal responsibility and community actions. It is clear that this document moves the country toward population health by frequent references to community context.

“This plan seeks to illuminate issues where federal action will have less reach, and where state, territorial, regional, private and individual actions will be more impactful. . .through a resilient health IT infrastructure.” (p. 6)

Supporting the Health of Individuals through Collective Efforts

The federal government doesn’t plan to be completely hands-off, though.

“Many health and social determinants outside of care delivery influence individuals’ health and well-being, and the federal government can play an important role to guide inclusion of these determinants into the electronic information stream for decision-making by individuals, providers, and communities, as well as the organizations and technology developers that support them.” (p. 11)

“…Communities have a responsibility to help individuals live healthy and productive lives, and protect them from harm. Home- and community-based organizations, as well as social and human service organizations can play an integral role in assisting individuals to achieve their health potential.” (p. 11)

The Plan acknowledges this will require some change in the way we think about healthcare.

“This person-centered infrastructure will require cultural shifts and technological adaptations that strengthen and make clear the connections between health care providers and community supports and services.” (p. 14)

Where are the Incentives?

It was the government’s financial largesse in the form of about $20 billion of incentives that put the current electronic patient record system in place. Where are the incentives to continue to nudge the country in the direction outlined by HHS in this document?

Ah, here we go, page 18.

After referencing the fact that the government, through Medicare, Medicaid, CHIP and its various DoD/VA programs already is the largest provider and payer of healthcare in the nation, the document explains that Medicare providers will be moved to a value-based payment system in the next few years.

“HHS Secretary Burwell announced measureable goals and a timeline to move the Medicare program, and the health care system at large [emphasis mine], toward paying providers based on quality, rather than quantity, of care they give patients. A key goal of the initiative is to have 85% of all Medicare fee-for-service payments tied to value or quality by 2016 [editor’s note: checking my calendar…that’s two months away], and 90% by 2018.

“Another key target is to have 30% of Medicare payments tied to alternative payment models [editor’s note: read ACOs eg like Pioneer ACOs – check to see how that is working out by the end of 2016 [editor’s note: back to my calendar…you’ve got a year] and 50% of payments by the end of 2018.”

Basically, in order to get paid, providers will have to be able to prove that they have met certain quality and performance targets set by government and professional standard-setting organizations. That kind of proof will only reside in the data collected by the electronic patient record system across entire health networks and within health plans.

There’s your incentive. Yes, pay for performance and value, outcomes-based payment are here. Show us your data and we’ll cut you a check.

 

 

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Posted in electronic patient records, health economics, health IT, health policy, health reform | 1 Comment

O’care: Open Season on Open Enrollment

Health Wonk Review: Open season on open enrollment edition at Health Business Blog. Neither David nor our participants shirk controversy! We are so going to steal this subhead: “Mattering mabobs of managerialism”

 

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Health Wonk Review’s Halloween Edition: Healthcare’s a Fright!

Jack-o-Lantern_2003-10-31When you listen to some of our health policy wonks this week, you can conclude that healthcare is a frightful place to be. And, you’d be right!

A mighty big howl out to Jason Shafrin at Healthcare Economist for assembling this terrifying amalgam of health policy nastiness.

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HHS Forging Ahead with Health IT Plans B, C and D

By Peggy Salvatore

Yesterday, just as I was turning out the lights in my office, two breaking Health IT news stories came in over the proverbial transom. The Office of the National Coordinator of Health IT (ONCHIT) announced that it has readjusted its Meaningful Use plans and set more focused goals for interoperability. I must remember to close the transom before I shut down my computer. That was too much to digest at dinner time.

Meaningful Use Rules Modified

According to FierceEMR , HHS changed the requirements for MU from 2015 through 2017 and implementing Stage 3 of the program. Here’s the really good part:

The rules “shift the paradigm so health IT becomes a tool for care improvement, not an end in itself.”

Ponder that.

In other good news, CMS will no longer be financially punishing doctors who can’t meet MU by moving “physicians out of the Meaningful Use program into a new merit-based incentive payment system,” a story in Healthcare IT News  reports. Whew. Got rid of that stick and replaced it – apparently, at least – with a carrot called MIPS (merit-based incentive payment system).

The Interoperability Road Map

As for the new interoperability goals, HHS released its final interoperability road map that sets a 10 year timeline for with “the ultimate goal…of (building) a learning health system by 2014” based on data. Briefly, the roadmap has three milestones:

  • 3-year milestone. By 2017, the nationwide health IT system should be able to enable the sending, receiving, finding and using of health data
  • 6-year milestone between 2018 and 2020. Expand data sources and increase the number of users to create healthier populations at a lower cost
  • 10-year milestone. We arrive at a “learning health system” requiring nationwide interoperability that puts the person at the center of system that continuously improves care, public health and science through real-time data access

So there you have it. By 2024, we should arrive.

There is a lot more to both of these documents. And, for those with long memories, you will recall that two weeks ago HHS released it Federal Health IT Strategic Plan. These two latest documents regarding MU and the interoperability roadmap are in service to meeting the four goals outlined in the strategic plan:

Goal 1: Advance person-centered and self-managed health

Goal 2: Transform health care delivery and community health

Goal 3: Foster research, scientific knowledge and innovation

Goal 4: Enhance the nation’s health IT infrastructure

If you are an interested party, HHS is taking comments on the updated MU rules for 60 days. According to the article , it is widely believed that MU 3 will be, at the very least, delayed. HHS has taken serious note of the fact that a Robert Wood Johnson study recently questioned whether a well-intended MU initiative has been all that successful. The new rules have significantly pared down the requirements for each stage and rolled back reporting requirements.

A Traumatized Healthcare System?

Meanwhile, this morning John Lynn makes a very astute observation about health IT implementation at his EMR & HIPAA blog . John suggests that U.S. healthcare organizations are experiencing a sort of “PTSD” around health IT requirements using Mayo Clinic’s definition of the syndrome. Here’s a link to his thoughts on the trauma that these continually changing rules have wrought on an already burdened healthcare system (remember, the whole point of the system is to take care of sick people which is a very difficult job). John guest blogged in this spot last year and I highly recommend his blog if you are interested in staying current on the state of the healthcare technology and implementations.

More to follow on all these developments as I get a chance to dig down into the guts of the documents.

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Fall Colors Edition of Health Wonk Review

FALLCOLORS_6935-300x225It’s a beautiful day in Colorado. So says Louise Norris of Health Insurance Colorado who hosts this colorful fall edition of Health Wonk Review.

Join Louise, and the rest of the crew of policy wonks, for a romp through the crunchy fall leaves – and a healthy helping of some great ACA thinking. Check it out here.

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“Post-implementation era”: Feds Release Health IT Strategic Plan through 2020

By Peggy Salvatore

The Office of the National Coordinator for Health Information Technology completed its nearly year-long study delivering a wide-ranging, ambitious and forward-looking Federal Health IT Strategic Plan: 2015-2020 – a plan described by ONC as “one that puts the person at the center.”

In her cover letter to the strategic plan, ONC Chief Karen DeSalvo acknowledged that the pace of technological change accelerated at a rate that required a shift in approach to one that is more comprehensive and inclusive of consumer-driven healthcare.

Over the past five years, our nation’s health information technology (health IT) landscape has experienced a remarkable transformation. Developing the Federal Health IT Strategic Plan 2015-2020 (Plan) has given us a chance to reflect on our collective health IT journey. When we released the prior Plan in 2011, non-federal adoption of health IT was in its nascent stages, Affordable Care Act implementation was commencing, and the use of mobile health applications, especially by consumers, was far from ubiquitous.

Rise of the Consumer

The rise of the consumer is clearly center stage in the ONCHIT’s view of 2020. The strategic plan included input from about 35 federal partners including representatives from science, technology, quality, children, minorities, defense, education, labor, NASA and more. An article in Healthcare IT News  provides a brief overview. For the geeks among us, the detail resides on the federal server at Health IT Dashboard .

I haven’t had time to review all the detail, but a cursory review of this latest strategic plan and the graph below demonstrates that HHS is determined to lead the parade, not watch from the sidelines.

ONC’s senior strategy advisor Gretchen Wyatt said, “”The (health IT) infrastructure is support for goals one, two and three,” said Wyatt. “This is not a national plan for health, but for how health IT can improve health goals.”

Graph from the Federal Health IT Strategic Plan: 2015-2020.

 

Federal Health IT Strategic Plan Framework

 

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Posted in electronic patient records, health economics, health IT, health policy, health reform, healthcare change management | 1 Comment

Health Wonk Review: The Selfie Edition

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Get your Selfie stick ready to take a photo of your expression as you work your way through this edition of Health Wonk Review. You’ll capture a smile on your face, I’m sure.

For pure delight, nothing matches this roundup of health policy wonkery by Steve Anderson at medicareresources.org.

 

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Posted in biotechnology, electronic patient records, health economics, health IT, health policy, health reform, healthcare change management | Leave a comment

A Regulatory Morass*

Or

Why health technology is more exciting than electronic patient records

By Peggy Salvatore MBA

*Definition 1: An area of muddy or boggy ground. Definition 2: A complicated or confused situation.

For many years, the promise of electronic patient records pointed to the promise of massively improved health through better information about the patients in front of us and all the data on the back end for research. And then we got implementation, or some highly regulated and fragmented version of it, that resulted in sometimes even less valuable information at the point of care today than when system implementation began.

How could that happen? Easily enough. The software took center stage, and with it all the training, technical, regulatory, security and work process issues that took the focus off patient health. Instead of more health, electronic patient records led to more administrative tasks.

Here’s the proof. In just the last week, my health news inbox was brimming with

The Promise vs. The Reality of Electronic Patient Records

The above news about healthcare measurements, payments, penalties and documentation scream that today the electronic patient record is all about the administration of healthcare. If you are a provider and you deliver service, your primary concern when you engage with the electronic patient record is getting paid, not getting fined, getting outcomes that line up with pre-determined, government-sanctioned measurements and staying out of jail. Then, if you have any energy left over, you can consider what disease the patient in front of you has and how to best treat it within the confines of getting paid, not getting fined for not getting outcomes that line up with pre-determined measures and staying out of jail.

Whew!

No wonder that Dr. Edward J. Schloss sat down and did a Venn diagram about the true value of the electronic health record. In his analysis, in his doctorly and very scientific way, he drew a picture of the value of an EHR which showed that most of its value lies in its ability to help providers adhere to regulations. You can go here to his blog to read his entire analysis.

Schloss venn diagram

So much for the promise of the electronic patient record. As originally conceived, it would help create a great and accurate documentation trail so patients and their care team could have a complete picture of the patient’s health status and treatment history. It would capture disease states and treatment outcomes for research. We’d know which treatments and procedures worked in which patients and under what circumstances. With all this information, future patient diagnoses would be quicker and more accurate, the best treatment faster and more effective.

The reality? The record’s best and highest use as currently designed is to make sure providers capture the data that regulators deem important, that payers need to justify payment, that doctors need to document to avoid fines and malpractice suits, all secured in a way to keep you HIPAA-compliant and out of jail.

The promise was great and the reality is depressing.

The Promise of Health Technology

The best of the future lies in technological advances, with technology defined as applied science. Since electronic patient record documentation is going down a dark alley right now, where health technology is going is much more exciting. The promise of diagnostic tech, treatment biotech, and health tracking apps point in the direction of health care.

Every day you can read about more than one exciting startup that has developed a new app to monitor performance and function, or some new discovery in the lab that promise cures for Alzheimer’s Disease and Parkinson’s. This week, Peter Diamandis’ and Ray Kurzweil’s Singularity University student competition funded a startup called MirOculus.

Here’s the scoop from Diamandis:

MirOculus: MirOculus is creating a simple blood test that can tell you, at the molecular level, the exact type of disease you have and its severity before it presents any symptoms, and then monitor the success of the treatment. They are also focused on cancer detection using microRNA biomarkers, leading to routine cancer screenings that will allow for early-stage detection and the prevention of millions of cancer deaths.

As venture capital turns more toward health, the integration of these new technologies into a patient’s historical and treatment electronic record can be truly helpful. If only we can keep the regulators from regulating the promise out of the promising application of health technology, too.

As Diamandis said in his September 7 newsletter: “Healthcare is so massively broken, that its disruption will come easy and happen fast.”

Looks like that is happening right now.

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