A new Trump administration proposal would change the civil rights rules dictating whether providers must care for patients who are transgender or have had an abortion. Supporters of the approach say it protects the freedom of conscience, but opponents say it encourages discrimination.
The sweeping proposal has implications for all Americans, though, because the Department of Health and Human Services seeks to change how far civil rights protections extend and how those protections are enforced.
Roger Severino, the director of the HHS Office for Civil Rights, has been candid about his intentions to overturn an Obama-era rule that prohibited discrimination based on gender identity and termination of a pregnancy. In 2016, while at the conservative Heritage Foundation, he co-authored a paper arguing the restrictions threaten the independence of physicians to follow their religious or moral beliefs.
His office unveiled the proposed rule on May 24, when many people were focused on the start of the long Memorial Day holiday weekend.
The rule is the latest Trump administration proposal to strip protections for transgender Americans, coming the same week another directivewas proposed by the Department of Housing and Urban Development that would allow homeless shelters to turn away people based on their gender identity.
The public was given 60 days to comment on the HHS proposal. Here's a rundown of what you need to know about it.
What would this proposal do?
Fundamentally, the proposed rule would overturn a previous rule that forbids healthcare providers who receive federal funding from discriminating against patients on the basis of their gender identity or whether they have terminated a pregnancy.
The Trump administration proposal would eliminate those protections, enabling providers to deny these groups care or insurance coverage without having to pay a fine or suffer other federal consequences.
That may mean refusing a transgender patient mental healthcare or gender-confirming surgery. But it may also mean denying patients care that has nothing to do with gender identity, such as a regular office visit for a bad cold or ongoing treatment for chronic conditions like diabetes.
"What it does, from a very practical point of view, is that it empowers bad actors to be bad actors," Mara Keisling, executive director of the National Center for Transgender Equality, told reporters.
The proposal would also eliminate protections based on sexual orientation and gender identity from several other healthcare regulations, like non-discrimination guidelines for the healthcare insurance marketplaces.
Does it affect only LGBTQ people?
The proposal goes beyond removing protections for the LGBTQ community and those who have had an abortion.
It appears to weaken other protections, such as those based on race or age, by limiting who must abide by the rules. The Trump proposal would scrap the Obama-era rule's broad definition of which providers can be punished by federal health officials for discrimination, a complicated change critics have said could ease requirements for insurance companies, for instance, as well as the agency itself.
And the proposal erases many of the enforcement procedures outlined in the earlier rule, including its explicit ban on intimidation or retaliation. It also delegates to Severino, as the office's director, full enforcement authority when it comes to things like opening investigations into complaints lodged under the non-discrimination rule.
Why did HHS decide to change the rule?
The Obama and Trump administrations have different opinions about whether a healthcare provider should be able to refuse service to patients because they are transgender or have had an abortion.
It all goes back to a section in the Affordable Care Act barring discrimination on the basis of race, color, national origin, age, disability or sex. President Barack Obama's health officials said it is discrimination to treat someone differently based on gender identity or stereotypes.
It was the first time Americans who are transgender were protected from discrimination in healthcare.
But President Donald Trump's health officials said that definition of sex discrimination misinterprets civil rights laws, particularly a religious freedom law used to shield providers who object to performing certain procedures, such as abortions, or treating certain patients because they conflict with their religious convictions.
"When Congress prohibited sex discrimination, it did so according to the plain meaning of the term, and we are making our regulations conform," Severino said in a statement. "The American people want vigorous protection of civil rights and faithfulness to the text of the laws passed by their representatives."
Much of what the Office for Civil Rights has done under Severino's leadership is to emphasize and strengthen so-called conscience protections for healthcare providers, many of which existed well before Trump was sworn in. Last year, Severino unveiled a Conscience and Religious Freedom Division, and his office recently finalized another rule detailing those protections and their enforcement.
The office also said the proposed rule would save about $3.6 billion over five years. Most of that would come from eliminating requirements for providers to post notices about discrimination, as well as other measures that cater to those with disabilities and limited English proficiency.
The rule would also save providers money that might instead be spent handling grievances from those no longer protected.
The office "considers this a benefit of the rule," said Katie Keith, co-founder of Out2Enroll, an organization that helps the LGBTQ community obtain health insurance. "Organizations will have lower labor costs and lower litigation costs because they will no longer have to process grievances or defend against lawsuits brought by transgender people."
Why does this matter?
Research shows the LGBTQ community faces greater health challenges and higher rates of illness than other groups, making access to equitable treatment in healthcare all the more important.
Discrimination, from the misuse of pronouns to denials of care, is "commonplace" for transgender patients, according to a 2011 report by advocacy groups. The report found that 28% of the 6,450 transgender and gender non-conforming people interviewed said they had experienced verbal harassment in a healthcare setting, while 19% said they had been refused care due to their gender identity.
The report said 28% had postponed seeking medical attention when they were sick or injured because of discrimination.
Critics fear the rule would muddy the waters, giving patients less clarity on what is and is not permissible and how to get help when they have been the victims of discrimination.
Jocelyn Samuels, the Obama administration official who oversaw the implementation of the Obama-era rule, said that for now, even though the Trump administration's HHS will not pursue complaints against those providers, Americans still have the right to challenge this treatment in court. Multiple courts have said the prohibition on sex discrimination includes gender identity.
"The administration should be in the business of expanding access to healthcare and health coverage," Samuels told reporters on a conference call after the rule's release. "And my fear is that this rule does just the opposite."
PORTLAND, Ore. — After nearly 40 years as an internist, Dr. Ron Naito knew what the sky-high results of his blood test meant. And it wasn't good.
But when he turned to his doctors last summer to confirm the dire diagnosis — stage 4 pancreatic cancer — he learned the news in a way no patient should.
The first physician, a specialist Naito had known for 10 years, refused to acknowledge the results of the "off-the-scale" blood test that showed unmistakable signs of advanced cancer. "He simply didn't want to tell me," Naito said.
A second specialist performed a tumor biopsy, and then discussed the results with a medical student outside the open door of the exam room where Naito waited.
"They walk by one time and I can hear [the doctor] say '5 centimeters,'" said Naito. "Then they walk the other way and I can hear him say, 'Very bad.'"
Months later, the shock remained fresh.
"I knew what it was," Naito said last month, his voice thick with emotion. "Once [tumors grow] beyond 3 centimeters, they're big. It's a negative sign."
The botched delivery of his grim diagnosis left Naito determined to share one final lesson with future physicians: Be careful how you tell patients they're dying.
Since August, when he calculated he had six months to live, Naito has mentored medical students at Oregon Health & Science University and spoken publicly about the need for doctors to improve the way they break bad news.
"Historically, it's something we've never been taught," said Naito, thin and bald from the effects of repeated rounds of chemotherapy. "Everyone feels uncomfortable doing it. It's a very difficult thing."
Robust research shows that doctors are notoriously bad at delivering life-altering news, said Dr. Anthony Back, an oncologist and palliative care expert at the University of Washington in Seattle, who wasn't surprised that Naito's diagnosis was poorly handled.
"Dr. Naito was given the news in the way that many people receive it," said Back, who is a co-founder of VitalTalk, one of several organizations that teach doctors to improve their communication skills. "If the system doesn't work for him, who's it going to work for?"
Up to three-quarters of all patients with serious illness receive news in what researchers call a "suboptimal way," Back estimated.
"'Suboptimal' is the term that is least offensive to practicing doctors," he added.
The poor delivery of Naito's diagnosis reflects common practice in a country where Back estimates that more than 200,000 doctors and other providers could benefit from communication training.
Too often, doctors avoid such conversations entirely, or they speak to patients using medical jargon. They frequently fail to notice that patients aren't following the conversation or that they're too overwhelmed with emotion to absorb the information, Back noted in a recent article.
"[Doctors] come in and say, 'It's cancer,' they don't sit down, they tell you from the doorway, and then they turn around and leave," he said.
That's because for many doctors, especially those who treat cancer and other challenging diseases, "death is viewed as a failure," said Dr. Brad Stuart, a palliative care expert and chief medical officer for the Coalition to Transform Advanced Care, or C-TAC. They'll often continue to prescribe treatment, even if it's futile, Stuart said. It's the difference between curing a disease and healing a person physically, emotionally and spiritually, he added.
"Curing is what it's all about and healing has been forgotten," Stuart said.
The result is that dying patients are often ill-informed. A 2016 study found that just 5% of cancer patients accurately understood their prognoses well enough to make informed decisions about their care. Another study found that 80% of patients with metastatic colon cancer thought they could be cured. In reality, chemotherapy can prolong life by weeks or months, and help ease symptoms, but it will not stop the disease.
Without a clear understanding of the disease, a person can't plan for death, Naito said.
"You can't go through your spiritual life, you can't prepare to die," Naito said. "Sure, you have your [legal] will, but there's much more to it than that."
The doctors who treated him had the best intentions, said Naito, who declined to publicly identify them or the clinic where they worked. Reached for verification, clinic officials refused to comment, citing privacy rules.
Indeed, most doctors consider open communication about death vital, research shows. A 2018 telephone survey of physicians found that nearly all thought end-of-life discussions were important — but fewer than a third said they had been trained to have them.
Back, who has been urging better medical communication for two decades, said there's evidence that skills can be taught — and that doctors can improve. Many doctors bridle at any criticism of their bedside manner, viewing it as something akin to "character assassination," Back said.
"But these are skills, doctors can acquire them, you can measure what they acquire," he said.
It's a little like learning to play basketball, he added. You do layups, you go to practice, you play in games and get feedback — and you get better.
For instance, doctors can learn — and practice — a simple communication model dubbed "Ask-Tell-Ask." They ask the patient about their understanding of their disease or condition; tell him or her in straightforward, simple language about the bad news or treatment options; then ask if the patient understood what was just said.
Naito shared his experience with medical students in an OHSU course called "Living With Life-Threatening Illness," which pairs students with ill and dying patients.
"He was able to talk very openly and quite calmly about his own experience," said Amanda Ashley, associate director of OHSU's Center for Ethics in Healthcare. "He was able to do a lot of teaching about how it might have been different."
Alyssa Hjelvik, 28, a first-year medical student, wound up spending hours more than required with Naito, learning about what it means to be a doctor — and what it means to die. The experience, she said, was "quite profound."
"He impressed upon me that it's so critical to be fully present and genuine," said Hjelvik, who is considering a career as a cancer specialist. "It's something he cultivated over several years in practice."
Naito, who has endured 10 rounds of chemotherapy, recently granted the center$1 million from the foundation formed in his name. He said he hopes that future doctors like Hjelvik — and current colleagues — will use his experience to shape the way they deliver bad news.
"The more people know this, it doesn't have to be something you dread," he said. "I think we should remove that from medicine. It can be a really heartfelt, deep experience to tell someone this, to tell another human being."
Spravato maker Janssen provided the FDA modest evidence that it worked and only in limited trials. It presented no information about the use of Spravato beyond 60 weeks.
This article was first published on Tuesday, June 11, 2019 in Kaiser Health News.
Ketamine is a darling of combat medics and clubgoers, an anesthetic that can quiet your pain without suppressing breathing and a hallucinogenic that can get you high with little risk of a fatal overdose.
For some patients, it also has dwelled in the shadows of conventional medicine as a depression treatment — prescribed by their doctors, but not approved for that purpose by the federal agency responsible for determining which treatments are "safe and effective."
That effectively changed in March, when the Food and Drug Administration approved a ketamine cousin called esketamine, taken as a nasal spray, for patients with intractable depression. With that, the esketamine nasal spray, under the brand name Spravato, was introduced as a miracle drug — announced in press releases, celebrated on the evening news and embraced by major healthcare providers like the Department of Veterans Affairs.
The problem, critics say, is that the drug's manufacturer, Janssen, provided the FDA at best modest evidence it worked and then only in limited trials. It presented no information about the safety of Spravato for long-term use beyond 60 weeks. And three patients who received the drug died by suicide during clinical trials, compared with none in the control group, raising red flags Janssen and the FDA dismissed.
The FDA, under political pressure to rapidly greenlight drugs that treat life-threatening conditions, approved it anyway. And, though Spravato's appearance on the market was greeted with public applause, some deep misgivings were expressed at its day-long review meeting and in the agency's own briefing materials, according to public recordings, documents and interviews with participants, KHN found.
Dr. Jess Fiedorowicz, director of the Mood Disorders Center at the University of Iowa and a member of the FDA advisory committee that reviewed the drug, described its benefit as "almost certainly exaggerated" after hearing the evidence.
Fiedorowicz said he expected at least a split decision by the committee. "And then it went strongly in favor, which surprised me," he said in an interview.
Esketamine's trajectory to approval shows — step by step — how drugmakers can take advantage of shortcuts in the FDA process with the agency's blessing and maneuver through safety and efficacy reviews to bring a lucrative drug to market.
Step 1: In late 2013, Janssen got the FDA to designate esketamine a "breakthrough therapy" because it showed the potential to reverse depression rapidly — a holy grail for suicidal patients, such as those in an emergency room. That potential was based on a two-day study during which 30 patients were given esketamine intravenously.
Step 2: But discussions between regulators and drug manufacturers can affect the amount and quality of evidence required by the agency. In the case of Spravato, they involved questions like, how many drugs must fail before a patient's depression is considered intractable or "treatment-resistant"? And how many successful clinical trials are necessary for FDA approval?
Step 3: Any prior agreements can leave the FDA's expert advisory committees hamstrung in reaching a verdict. Fiedorowicz abstained on Spravato because, though he considered Janssen's study design flawed, the FDA had approved it.
The expert panel cleared the drug according to the evidence that the agency and Janssen had determined was sufficient. Dr. Matthew Rudorfer, an associate director at the National Institute of Mental Health, concluded that the "benefits outweighed the risks." Explaining his "yes" vote, he said: "I think we're all agreeing on the very important, and sometimes life-or-death, risk of inadequately treated depression that factored into my equation."
But others who also voted "yes" were more explicit in their qualms. "I don't think that we really understand what happens when you take this week after week for weeks and months and years," said Steven Meisel, the system director of medication safety for Fairview Health Services based in Minneapolis.
A Nasal Spray Offers A Path To A Patent
Spravato is available only under supervision at a certified facility, like a doctor's office, where patients must be monitored for at least two hours after taking the drug to watch for side effects like dizziness, detachment from reality and increased blood pressure, as well as to reduce the risk of abuse. Patients must take it with an oral antidepressant.
Despite those requirements, Janssen, part of Johnson & Johnson, defended its new offering. "Until the recent FDA approval of Spravato, healthcare providers haven't had any new medication options," Kristina Chang, a Janssen spokeswoman, wrote in an emailed statement.
Esketamine is the first new type of drug approved to treat severe depression in about three decades.
Although ketamine has been used off-label for years to treat depression and post-traumatic stress disorder, drugmakers saw little profit in doing the studies to prove to the FDA that it worked for that purpose. But a nasal spray of esketamine, which is derived from ketamine and (in some studies) more potent, could be patented as a new drug.
Although Spravato costs more than $4,700 for the first month of treatment (not including the cost of monitoring or the oral antidepressant), insurers are more likely to reimburse for Spravato than for ketamine, since the latter is not approved for depression.
Shortly before the committee began voting, a study participant identifying herself only as "Patient 20015525" said: "I am offering real-world proof of efficacy, and that is I am both alive and here today."
The drug did not work "for the majority of people who took it," Meisel, the medication safety expert, said in an interview. "But for a subset of those for whom it did work, it was dramatic."
Concerns About Testing Precedents
Those considerations apparently helped outweigh several scientific red flags that committee members called out at the hearing.
Although the drug had gotten breakthrough status because of its potential for results within 24 hours, the trials were not persuasive enough for the FDA to label it "rapid-acting."
The FDA typically requires that applicants provide at least two clinical trials demonstrating the drug's efficacy, "each convincing on its own." Janssen provided just one successful short-term, double-blind trial of esketamine. Two other trials it ran to test efficacy fell short.
To reach the two-trial threshold, the FDA broke its precedent for psychiatric drugs and allowed the company to count a trial conducted to study a different topic: relapse and remission trends. But, by definition, every patient in the trial had already taken and seen improvement from esketamine.
What's more, that single positive efficacy trial showed just a 4-point improvement in depression symptoms compared with the placebo treatment on a 60-point scale some clinicians use to measure depression severity. Some committee members noted the trial wasn't really blind since participants could recognize they were getting the drug from side effects like a temporary out-of-body sensation.
Finally, the FDA lowered the bar for "treatment-resistant depression." Initially, for inclusion, trial participants would have had to have failed two classes of oral antidepressants.
Less than two years later, the FDA loosened that definition, saying a patient needed only to have taken two different pills, no matter the class.
Forty-nine of the 227 people who participated in Janssen's only successful efficacy trial had failed just one class of oral antidepressants. "They weeded out the true treatment-resistant patients," said Dr. Erick Turner, a former FDA reviewer who serves on the committee but did not attend the meeting.
Six participants died during the studies, three by suicide. Janssen and the FDA dismissed the deaths as unrelated to the drug, noting the low number and lack of a pattern among hundreds of participants. They also pointed out that suicidal behavior is associated with severe depression — even though those who had suicidal ideation with some intent to act in the previous six months, or a history of suicidal behavior in the previous year, were excluded from the studies.
In a recent commentary in the American Journal of Psychiatry, Dr. Alan Schatzberg, a Stanford University researcher who has studied ketamine, suggested there might be a link due to "a protracted withdrawal reaction, as has been reported with opioids," since ketamine appears to interact with the brain's opioid receptors.
Kim Witczak, the committee's consumer representative, found Janssen's conclusion about the suicides unsatisfying. "I just feel like it was kind of a quick brush-over," Witczak said in an interview. She voted against the drug.
Public health departments are redirecting scarce resources to try to control the spread of measles. Their success relies on shoe-leather detective work.
This article was first published on Monday, June 10, 2019 in Kaiser Health News.
On any given day, more than 4,000 people pass through the library at California State University-Los Angeles.
On April 11, one of them had measles. The building has only one entrance, which means that anyone who entered or exited the library within two hours of that person's visit potentially was exposed to one of the most contagious diseases on Earth.
It's the stuff of public health nightmares: Everyone at the library between 11 a.m. and 3 p.m. that day had to be identified, warned and possibly quarantined. Measles is so contagious that up to 90% of people close to an infected person who are not protected by a vaccine or previous case of the disease will become infected. But how could the university figure out who had been in the library during that time frame? And which of those people were vulnerable to infection?
Rooting out answers to such questions is the job of the public health detectives who work at health departments across the country.
In 2000, the United States declared the measles eradicated, thanks to widespread use of vaccines. But the virulent disease is back, with more than 1,000 cases confirmed nationwide this year through June 3 — the greatest number since 1992. For every thousand cases, 1 to 3 people with measles will die, even with the best of care, according to the Centers for Disease Control and Prevention. So public health departments are redirecting scarce resources to try to control the spread.
Using basic techniques in place for over 100 years, public health investigators work to control an outbreak before it balloons. Such investigations have evolved with new technologies but remain among the best defenses against infectious disease outbreaks — and among the great untold costs of an epidemic.
The New York City Department of Health and Mental Hygiene, which has confirmed 566 measles cases since September, has spent more than $2.3 million on related investigations. The Los Angeles County Department of Public Health estimates spending as much as $2,000 to track down each contact of a confirmed patient — and it has made hundreds of such efforts in recent months.
"Public health departments across the country have had their budgets tightened in a sustained fashion over the past 15 years," said Dr. William Schaffner, an infectious-disease specialist at Vanderbilt University. "There are no public health departments that are like firemen playing pinochle and waiting for an outbreak. They have other things to do, and they have to put aside those tasks to deal with an outbreak."
Bottom of Form
At Cal State LA, public health officials visited the library and tried to figure out exactly where the infected student had gone — the photocopy area, for example — to determine who might have been exposed. They worked with the school to identify which library employees were present. They scoured library records to find anyone who had checked out books or logged onto a library computer during the specified time period.
But they realized they were missing others who may have come in to browse, work or eat at a library cafe. So, school officials sent out emails and posted on Facebook, Twitterand Instagramto ask anyone who may have been at the library to come forward.
Working together, Cal State and county health officials came up with a list of 1,094 people who were exposed; all were required to present proof they had been vaccinated or had immunity.
At one point during the investigation, 887 people were under a blanket quarantine order from the Los Angeles County Department of Public Health until they could establish their immunity status.
Public health departments regularly employ this sort of shoe-leather detective work to track and control outbreaks of sexually transmitted diseases and foodborne illnesses like salmonella. But there is a palpable sense of frustration that sets the measles apart: It is easily preventable.
"We shouldn't have to be using these ancient techniques. We should have everybody immunized," said Dr. Alan Melnick, director of public health in Clark County, Wash., which logged 71 measles cases during a two-month outbreak that ended in February. "That's what keeps me up at night. If we stop vaccinating, we can turn the clock back to the Middle Ages."
In the course of Clark County's outbreak, 237 people spent 19,071 hours doing outreach, investigation and monitoring the health of people exposed, at a cost of more than $864,000. They investigated 53 exposure sites, including 15 schools and the arena where the Portland Trail Blazers play just across the state line in Oregon.
All this work meant delays in other programs, including restaurant health inspections and a home-visit program for high-risk pregnant women and infants.
"Just because the measles outbreak is going on, it doesn't mean other communicable diseases are taking a holiday," Melnick said.
There was a time public health officials wouldn't have bothered. Before the late 19th century, officials "were busy trying to control diseases like typhoid, cholera and smallpox," which had much higher death rates than measles, said Graham Mooney, an associate professor at Johns Hopkins University who studies the history of medicine. But as other infectious diseases declined, officials focused more intently on measles.
By the early 20th century, schools began noting which students had already had the measles, and who might be vulnerable. When a child fell ill, he might be sent home with a card to be signed by a physician before he could return. A school medical inspector often would visit the home to make sure the child remained isolated.
During an epidemic involving thousands of cases, officials placed warnings in newspapers and later on the radio, describing likely symptoms and asking parents to keep sick children at home. "Now it's Twitter; before, it would have been The Baltimore Sun or the Chicago Tribune or the L.A. Times. But the actual information may not have changed," said Mooney.
Today, public health departments almost invariably learn of a measles case through a healthcare provider. Measles is a reportable disease, which means that any provider who suspects a case has to warn local health officials. Someone from the department visits the patient to conduct an interview and determine precisely where they might have gone while contagious. For the measles, that's four days before the rash appears, and four days after, for a total of nine days.
The interviews are rigorous. "We have to assess their hangouts, their friends, their hobbies, which grocery store do they go to, do they take Lyft or Uber?" explained L.A. County public health nurse Adarsh Almalvez.
For most people, it's hard to remember everywhere they went days earlier. Some patients are reluctant to share details. Almalvez said she starts by building a rapport, asking them about their favorite foods and where they get their hair cut. She said it's crucial to get the patient's cooperation.
She looks for clues around the house that could tell her who else might be living there. Extra pairs of shoes in the hallway, for example, might indicate other residents. If she's interviewing a woman and finds the toilet seat up, she knows a man likely has been there as well.
The goal is to come away with a list of all possible contacts and locations the patient visited while contagious. The results can read like a bizarrely intimate window into one person's day. L.A. County recentlypublished a patient's itinerary in April; in one enviable day, that patient visited Peet's Coffee, Fratelli Café, TART restaurant, The Grove, the Los Angeles Farmers Market, Whole Foods and the La Brea Tar Pits.
Public health officials visit each site to gather more information. They reach out to ride-sharing services to locate drivers and other passengers who might have been in the same car during the infectious period. At restaurants, employees are easily identified, but customers can be hard to find. Officials don't routinely look at surveillance video or track down people through credit card receipts. Instead, they mainly rely on news releases and social media to spread the word. They also look to schools and businesses to do outreach.
This can be a lot of work, especially for medical clinics where a measles patient initially sought care. During a 2017 outbreak, Children's Minnesota, a hospital system in the Twin Cities, spent $300,000 on their emergency response. Part of that was tracking down everyone in the waiting room within two hours of a measles patient.
Patsy Stinchfield, who directs the Children's Minnesota's infection prevention and control program, has worked on three measles outbreaks, in 1989, 2011 and 2017. She said the work has gotten more efficient because of electronic health records and the state's electronic vaccination registry. With the click of a few buttons, investigators can determine who was in the waiting room with a measles patient, and which people were unvaccinated.
Still, Stinchfield said, measles outbreaks remain a source of great frustration. "If we can get people to use the [measles] vaccine, we won't have to spend all these healthcare dollars, all of this time and energy on follow-up," she said. "And we won't have to have all these miserable, sick children."
In a program called My Life, My Story, volunteer writers seek out vets at the VA hospitals, ask them all about their lives, and write up a thousand-word biography.
This story was first published on Monday, June 10, 2019 in Kaiser Health News.
Bob Hall was recovering from yet another surgery in March 2014 when a volunteer walked into his hospital room. It had been a rocky recovery since his lung transplant three months earlier at the William S. Middleton Memorial Veterans Hospital in Madison, Wis.
The volunteer wasn't there to check on his lungs or breathing. Instead, she asked Hall if he wanted to tell his life story.
Hall served in the Marine Corps during the Vietnam War. After the war, he had a political career as a Massachusetts legislator, and then led professional associations for 30 years.
"I'm anything but a shy guy, and I'm always eager to share details about my life," Hall said, half-jokingly.
Hall, who was 67, spoke to the volunteer for over an hour about everything from his time as a D student in high school ("I tell people I graduated in the top 95% of my class") to his time in the military ("I thought the Marines were the toughest branch and I wanted to stop the communists"). He finished with the health problems that finally landed him in the hospital, and brought him to the present day.
The interview was part of a program called My Life, My Story. Volunteer writers seek out vets at the hospital like Hall, and ask them all about their lives. Then they write up a thousand-word biography, and go over it with the patient, who can add more details or correct any mistakes.
"Of course, being a writer I rewrote the whole thing," Hall confessed with a smile.
When the story is finished, it's attached to the patient's electronic record, where a doctor or nurse working anywhere in the Veterans Affairs medical system can read it.
Today more than 2,000 patients at the Madison VA have shared their life stories.
Project organizers say it could change the way providers interact with patients.
Personalizing Impersonal Medical Records
Clinicians can access a lot of medical data through a patient's electronic medical record, but there's nowhere to learn about a patient's personality or learn about her career, passions or values, said Thor Ringler, who has managed the My Life, My Story project since 2013.
"If you were to try to get a sense of someone's life from that record, it might take you days," Ringler said.
The idea for My Life, My Story came from Dr. Elliot Lee, a medical resident who was doing a training rotation at the Madison VA in 2012. The typical rotation for medical residents lasts only about a year, so Lee wanted to find a way to bring new, young doctors up to speed on the VA patients. He wanted a way for them to absorb not just their health histories, but more personal pieces of knowledge.
"It seemed to make sense that the patient might know a lot about themselves, and could help provide information to the new doctor," Lee said.
Lee and colleagues tried having patients fill out surveys, which were useful but still left the team wanting more. Next, they tried getting patients to write down their life stories themselves, but not many people really wanted to.
Finally, an epiphany: hire a writer to interview patients, and put it all down on paper.
It wasn't hard to find a good candidate: There was a poet in Madison, Thor Ringler, who had just finished his training as a family therapist. He was good at talking to people, and also skilled at condensing big thoughts into concise, meaningful sentences.
"I applied for it," Ringler said. "I was like, 'Well, of course! I was made for that!'"
Under Ringler's guidance, the project has developed a set of training materials to allow other VA hospitals to launch storytelling programs. About 40 VA hospitals around the country are currently interested, according to Ringler.
In California, there's a program at the Fresno VA, and volunteers at the Los Angeles VA are scheduled for training this summer.
Ringler estimates hospitals would need to hire just one writer — working half or full time, depending on the hospital's size — to manage a similar storytelling program. That means the budget could be as low as $23,000 a year.
The program aims to address a perennial patient complaint that Ringler summed up this way: "I don't get to see anybody for very long, and nobody [at the hospital] knows who I am."
In addition to the interest from within the VA system, the idea has spread farther, to hospitals like Brigham and Women's Hospital in Boston and Regions Hospital in St. Paul, Minn.
A 'Gift' To Doctors And Nurses
There is research that suggests when caregivers know their patients better, those patients have improved health outcomes.
One study found that doctors who scored higher on an empathy test have patients with better-controlled blood sugar. Another study found that in patients with a common cold, the cold duration was nearly a full day shorter for those patients who gave their doctor a top rating for empathy.
University of Colorado assistant professor Heather Coats studies the health impact of biographical storytelling. She notes that a 2008 study found striking improvement in care when radiologists were simply provided with a photo of the patients whose scans they were reading.
"They improved the accuracy of their radiology read," Coats said, "meaning less misspelled words, a better report that's more detailed." Current research is investigating whether storytelling might have a similar effect on clinical outcomes.
And, Coats said, the benefits of the kind of storytelling happening at the VA don't just accrue for the patients' benefit.
"I consider it a gift to the nurses and the doctors who are caring for the patient," she said.
A survey of clinicians conducted by the Madison VA backed that up: It showed 85% of clinicians thought reading the biographies of patients produced by Thor Ringler's team of writers was "a good use" of clinical time and also helped them improve patient care.
"It gives you a much better understanding about the entirety of their life and how to help them make a decision," said Dr. Jim Maloney, the surgeon who performed Bob Hall's lung transplant in 2013.
Maloney says knowing more about a patient's life story makes it easier for the doctor to have difficult but necessary conversations with a patient — to learn, for example, how aggressively to respond if a complication occurs.
Maloney says the stories generated by My Life, My Story let the entire transplant team connect quickly with patients and family members, and start conversations about sensitive issues or difficult choices about end-of-life care.
Dr. Tamara Feingold-Link, a second-year medical resident at Brigham and Women's Hospital in Boston, first spotted a My Life, My Story biography when she was on rotation at a Boston-area VA.
When her attending physician asked Feingold-Link to run a meeting with a patient she barely knew — a man who was so sick he could hardly talk — his story became a powerful tool.
"It brought me to tears," she said. "When I met his family, I could connect with them immediately."
"It made his transfer to hospice much smoother for everyone involved," she said.
Now Feingold-Link has started a similar program at Brigham and Women's Hospital.
Beyond Medical Care
Hall has learned the stories can be meaningful to caregivers even when they're not working. During one of his stays at the Madison VA, a nursing aide stopped by for a visit.
"She came in one night and sat down on my bed just to talk to me for a while because she'd read my story," Hall said. "I found out later she wasn't on the clock."
It's been five years since Hall's lung transplant, and he's doing well. He even found a part-time job putting his writing skills to work as part of the My Life, My Story team. In two years, Hall has written 208 capsule biographies of veterans.
This story is part of a partnership that includes Wisconsin Public Radio, NPRand Kaiser Health News.
Laws requiring large group health plans to put mental health benefits on an equal footing with physical health have been partially successful, but more work needs to be done.
This article was first published on Friday, June 7, 2019 in Kaiser Health News.
Amanda Bacon's eating disorder was growing worse. She had lost 60% of her body weight and was consuming about 100 calories a day.
But that wasn't sick enough for her Medicaid managed-care company to cover an inpatient treatment program. She was told in 2017 that she would have to weigh 10 pounds less — putting her at 5-foot-7 and 90 pounds — or be admitted to a psychiatric unit.
"I remember thinking, 'I'm going to die,'" the Las Cruces, N.M., resident recalled recently.
Eventually, Bacon, now 35, switched to a plan that paid for treatment, although she said it was still tedious to get services approved.
Many patients like Bacon struggle to get insurance coverage for their mental health treatment, even though two federal laws were designed to bring parity between mental and physical healthcare coverage. Recent studies and a legal case suggest serious disparities remain.
The 2008 Mental Health Parity and Addiction Equity Act required large group health plans that provide benefits for mental health to put that coverage on an equal footing with physical health. Two years later, the Affordable Care Act required small-group and individual health plans sold on the insurance marketplaces to cover mental health services and do that at levels comparable with medical services. (In 2016, parity rules were applied to Medicaid managed-care plans, which cover the majority of people in that federal-state health program for low-income residents.)
The laws have been partially successful. Insurers can no longer write policies that charge higher copays and deductibles for mental healthcare, nor can they set annual or lifetime limits on how much they will pay for it. But patient advocates say insurance companies still interpret mental health claims more stringently.
"Insurance companies can easily circumvent mental health parity mandates by imposing restrictive standards of medical necessity," said Meiram Bendat, a lawyer leading a class-action lawsuit against a mental health subsidiary of UnitedHealthcare.
UnitedHealthcare works to "ensure our products meet the needs of our members and comply with state and federal law," said spokeswoman Tracey Lempner.
Several studies, though, have found evidence of disparities in insurers' decisions.
In February, researchers at the Congressional Budget Office reported that private insurance companies are paying 13% to 14% less for mental healthcare than Medicare does.
The insurance industry's own data shows a growing gap between coverage of mental and physical care in hospitals and skilled nursing facilities. For the five years ending in 2017, out-of-pocket spending on inpatient mental healthcare grew nearly 13 times faster than all inpatient care, according to inpatient data reported in February by theHealthcare Cost Institute, a research group funded by the insurance companies Aetna, Humana, UnitedHealthcare and Kaiser Permanente. (Kaiser Health News is not affiliated with Kaiser Permanente.)
And a 2017 report by the actuarial firm Milliman found that an office visit with a therapist is five times as likely to be out-of-network, and thus more expensive, than a primary care appointment.
Amanda Bacon, who is still receiving care for her eating disorder, remembers fearing that she wouldn't get treatment. She was at one point rushed to an emergency room for care, but after several days she was sent home, no closer to getting well.
Today, because of her disability, Bacon's primary insurance is through Medicare, which has paid for treatment that her earlier Medicaid provider, Molina Healthcare, refused. She has been treated in four inpatient programs in the past two years — twice through Presbyterian Centennial Care, a Medicaid plan she switched to after Molina, and twice though her current Medicare plan. Bacon is also enrolled in a state-run Medicaid plan.
Molina said it could not comment on Bacon's case. "Molina complies with mental health parity laws," said spokeswoman Danielle Smith, and it "applies industry-recognized medical necessity criteria in any medical determinations affecting mental health."
The 'Wrong Criteria'
Dr. Eric Plakun, CEO of the Austen Riggs Center, a psychiatric hospital and residential program in Massachusetts, said that often insurers are "using the wrong criteria" for what makes something medically necessary. They pay enough to stabilize a patient's condition, he said, but not enough to improve their underlying illness. Plakun was one of the experts who testified in the case before Judge Spero in California.
Insurers say they recognize the importance of mental healthcare coverage and that they are complying with the law.
Cathryn Donaldson, a spokeswoman for the trade group America's Health Insurance Plans, said that the industry supports parity but that it is also harder to prove when mental health treatment is needed.
Compared with medical and surgical care, the data and standards to measure mental healthcare "trail far behind." She cited a 2016 study of Minnesota hospitals, where nearly one-fifth of the time patients spent in psychiatric units occurred after they were stabilized and ready to be discharged.
"Just like doctors use scientific evidence to determine the safest, most effective treatments," insurers do the same to cover treatment "consistent with guidelines showing when and where it's effective for patients," Donaldson said.
Health plans commonly apply several controls for mental healthcare. The techniques are legal — unless they are applied more strictly for mental healthcare than medical care.
They often require patients to try cheaper options first, a strategy called "fail first." Patients referred by their doctors to a residential program for opioid addiction, for example, might be denied by their insurers until they try, and fail, to improve at a less expensive part-time program.
Hiring doctors, nurses and pharmacists to review claims is another technique.
Dr. Frederick Villars, who reviews mental health claims for Aetna, remembers arguing with insurers to approve treatment when he was a practicing psychiatrist. His team decides what to cover based on clinical standards, he said, and providers upset about a coverage decision "are well aware of what these guidelines are."
"It's not a pleasant process," he said, "but it's the only tool that exists in this setting to try to keep costs under control."
As health costs continue to grow, straining employer budgets and slowing wage growth, the business community is beginning to take the option more seriously.
This article was first published on Friday, June 7, 2019 in Kaiser Health News.
EASTON, Pa. — Walk into a big-box retailer such as Walmart or Michaels and you're likely to see MCS Industries' picture frames, decorative mirrors or kitschy wall décor.
Adjacent to a dairy farm a few miles west of downtown Easton, MCS is the nation's largest maker of such household products. But MCS doesn't actually make anything here anymore. It has moved its manufacturing operations to Mexico and China, with the last manufacturing jobs departing this city along the Delaware River in 2005. MCS now has about 175 U.S. employees and 600 people overseas.
"We were going to lose the business because we were no longer competitive," CEO Richard Master explained. And one of the biggest impediments to keeping labor costs in line, he said, has been the increasing expense of health coverage in the United States.
Today, he's at the vanguard of a small but growing group of business executives who are lining up to support a "Medicare for All" national health program. He argues not that healthcare is a human right, but that covering everyone with a government plan and decoupling healthcare coverage from the workplace would benefit entrepreneurship.
In February, Master stood with Rep. Pramila Jayapal (D-Wash.) outside the Capitol after she introduced her Medicare for All bill. "This bill removes an albatross from the neck of American business, puts more money in consumer products and will boost our economy," he said.
As health costs continue to grow, straining employer budgets and slowing wage growth, others in the business community are beginning to take the option more seriously.
While the influential U.S. Chamber of Commerce and other large business lobbying groups strongly oppose increased government involvement in healthcare, the resolve of many in the business community — especially among smaller firms — may be shifting.
"There is growing momentum among employers supporting single-payer," said Dan Geiger, co-director of the Business Alliance for a Healthy California, which has sought to generate business support for a universal healthcare program in California. About 300 mostly small employers have signed on.
"Businesses are really angry about the system, and there is a lot of frustration with its rising costs and dysfunction," he said.
Geiger acknowledged the effort still lacks support from any Fortune 500 company CEOs. He said large businesses are hesitant to get involved in this political debate and many don't want to lose the ability to attract workers with generous health benefits. "There is also a lingering distrust of the government, and they think they can offer coverage better than the government," he said.
In addition, some in the business community are hesitant to sign on to Medicare for All with many details missing, such as how much it would increase taxes, said Ellen Kelsay, chief strategy officer for the National Business Group on Health, a leading business group focused on health benefits.
Democrats Propel the Debate
For decades, a government-run health plan was considered too radical an idea for serious consideration. But Medicare for All has been garnering more political support in recent months, especially after a progressive wave helped Democrats take control of the House this year. Several 2020 Democratic presidential candidates, including Sens. Bernie Sanders and Elizabeth Warren, strongly back it.
The labor unions and consumer groups that have long endorsed a single-payer health system hope that the embrace of it by employers such as Master marks another turning point for the movement.
Supporters of the concept say the health system overall would see savings from a coordinated effort to bring down prices and the elimination of many administrative costs or insurance company profits.
"It's critical for our success to engage employers, particularly because our current system is hurting employers almost as much as it is patients," said Melinda St. Louis, campaign director of Medicare for All at Public Citizen, a consumer-rights group based in Washington.
Master, a former Washington lawyer, worked on Democratic Sen. George McGovern's presidential campaign before returning to Pennsylvania in 1973 to take over his father's company, which made rigid paper boxes. In 1980, he founded MCS, which pioneered the popular front-loading picture frame and steamless fog-free mirrors for bathrooms. The company has grown into a $250 million corporation.
Master frequently travels to Washington and around the country to talk to business leaders as he seeks to build political support for a single-payer health system.
In the past four years, he has produced several documentary videos on the topic. In 2018, he formed the Business Initiative for Health Policy, a nonprofit group of business leaders, economists and health policy experts trying to explain the financial benefits of a single-payer system.
Dan Wolf, CEO of Cape Air, a Hyannis, Mass.-based regional airline that employs 800 people calls himself "a free market guy." But he also supports Medicare for All. He said Master helps turn the political argument over single-payer into a practical one.
"It's about good business sense and about caring for his employees and their well-being," he said, adding that employers should no longer be straddled with the cost and complexity of healthcare.
"It makes no more sense for an airline to understand health policy for the bulk of its workers than for a health facility to have to supply all the air transportation for its employees," he said.
Employers are also an important voice in the debate because 156 million Americans get employer-paid healthcare, making it by far the single-largest form of coverage.
Master said his company has tried various methods to control costs with little success, including high deductibles, narrow networks of providers and wellness plans that emphasize preventive medicine.
Insurers who are supposed to negotiate lower rates from hospitals and doctors have failed, he added, and too many premium dollars go to covering administrative costs. Only by having the federal government set rates can the United States control costs of drugs, hospitals and other health services, he said.
"Insurance companies are not watching the store and don't have incentives to hold down costs in the current system," he said.
Glad The Boss Is Trying To Make A Difference
What's left of MCS in Pennsylvania is a spacious corporate office building housing administrative staff, designers and a giant distribution center piled high with carton boxes from floor to ceiling.
MCS pays an average of $1,260 per month for each employee's healthcare, up from $716 in 2009, the company said. In recent years, the company has reduced out-of-pocket costs for employees by covering most of their deductibles.
Medicare for All would require several new taxes to raise money, but Master said such a plan would mean savings for his company and employees.
MCS employees largely support Master's attempt to fix the health system even if they are not all on board with a Medicare for All approach, according to interviews with several workers in Easton.
"I think it's a good idea," said Faith Wildrick, a shipper at MCS who has worked for the company 26 years. "If the other countries are doing it and it is working for them, why can't it work for us?"
Wildrick said that even with insurance her family struggles with health costs as her husband, Bill, a former MCS employee, deals with liver disease and needs many diagnostic tests and prescription medications. Their annual deductible has swung from $4,000 several years ago to $500 this year as the company has worked to lower employees' out-of-pocket costs.
"I'm really glad someone is fighting for this and trying to make a difference," said Wildrick.
Jessica Ehrhardt, the human resources manager at MCS, said the effort to reduce employees' out-of-pocket health costs means the company must pay higher health costs. That results in less money for salary increases and other benefits, she added.
Asked about Medicare for All, Ehrhardt said, "It's a drastic solution, but something needs to happen."
For too long, Master said, the push for a single-payer health system has been about ideology.
"The movement has been about making healthcare a human right and that we have a right to universal healthcare," he said. "What I am saying is this is prudent for our economy and am trying to make the business and economic case."
Tens of thousands of Americans each year are dropped by their insurers over payment issues, sometimes with little or no prior warning from their insurers.
This article was first published on Wednesday, June 5, 2019, in Kaiser Health News.
Caitlin and Corey Gaffer know they made a mistake.
Anyone could have done the same thing, the Minneapolis couple says. Still, they can't believe it cost them their health insurance coverage just as Caitlin was in the middle of pregnancy with their first child.
"I was like 'What?' There's no way that's possible," said Caitlin, 31, of her reaction to the letter she opened in early October telling them the coverage they had for nearly two years had been canceled. It cited nonpayment of their premium as the reason.
Except they had paid the bill, they thought.
The Gaffers' snafu — and their marathon battle to correct the error with insurer HealthPartners — is featured in the podcast "An Arm and a Leg," which launches its second season this week and is co-produced by Kaiser Health News.
Like the Gaffers, tens of thousands of Americans each year — exact counts aren't available — are dropped by their insurers over payment issues, sometimes with little or no prior warning from their insurers.
The question is: Can insurers cancel people with little or no notice? The answer is yes … and no. Like so many issues in American healthcare, it is surprisingly complicated.
This is one problem the Affordable Care Act was designed to fix. Certainly, safeguards were put in place. Insurers can't cancel people when they fall ill, for example. But the protections for being dropped for a missed payment are uneven. Consumers who get an ACA subsidy have more protection than those who don't.
The Gaffers didn't qualify for a subsidy. So they were subject to state law. Minnesota's law requires insurers to provide at least 30 days' notice before canceling, said Scott Smith, spokesman for the state Department of Health, which regulates HMOs. However, an administrative rule seems to undercut that requirement.
The Gaffers didn't get a notice, they say. Their efforts to correct their error were stymied until Dan Weissmann, creator and host of "An Arm and A Leg," started making inquiries about their case.
Misfired Payments
The problem for the Gaffers started in early September. They changed checking accounts and had to set up all new online payments. When they made their monthly $730 health insurance premium payment, they mistakenly sent it to a hospital owned by HealthPartners rather than the health plan itself. The hospital didn't let the health plan know it had a payment from the Gaffers. Compounding the problem, the couple sent their October payment a couple of weeks later to the correct place but had insufficient funds to cover the amount.
The Gaffers got a letter from HealthPartners dated Oct. 8 canceling coverage back to mid-September. Caitlin was six months pregnant.
"It was a busy time in our life," said Corey, 32, who runs an architectural photography studio. "We made these two little mistakes, but were never given any notice that we were making mistakes until after the fact."
Why didn't the hospital and health plan communicate about the misdirected payment? After all, they are part of the same system and that could have avoided the problem altogether.
HealthPartners spokeswoman Rebecca Johnson said its hospitals are supposed to notify the health plan if they receive premium payments in error, but said that "even though we have this process, we are not always notified of this or not notified in a timely fashion."
As far as a past-due notice to the Gaffers, Johnson said HealthPartners' policy at the time was to include information on monthly statements about outstanding balances.
That, however, is different from getting a warning that "you will be canceled as of this date," said JoAnn Volk, a research professor at the Georgetown University Center on Health Insurance Reforms.
Still, the Gaffers' story does have a happy ending — including an apology and some new notification practices by HealthPartners — but not before they racked up lots of stress and nearly $30,000 in medical bills incurred while Caitlin was uninsured briefly during her complicated pregnancy.
Same Insurance, Different Rules
The ACA bars insurers from retroactively canceling policies if consumers fall ill or discover they are pregnant —things that could have occurred in most states before the federal law passed.
But it does allow allows cancellations for two reasons: false information on an application or failure to pay premiums.
Those who qualify for a tax credit — because they earn less than 400% of the federal poverty level, or roughly $50,000 for an individual — get a 90-day grace period after missing a payment. Also, the law requires insurers to notify those policyholders that they have fallen behind and face cancellation. If payment is made in full before the end of the 90-day grace period, they are reinstated. If not, they're canceled and medical costs incurred in the second and third months of the grace period fall on the consumer.
This policy keeps federal subsidy dollars flowing to insurers during the grace period, even if a consumer has a financial wobble.
It's different for people like the Gaffers, however, who make too much for a subsidy. They are subject to state laws and can be dropped much more abruptly.
Most states have a 30-day grace period to make a payment after the premium is due, said Tara Straw, a senior policy analyst at the Center on Budget and Policy Priorities. But how much prior notice insurers must give before canceling — if any — varies by state.
"In most states, plans would balk at also having to send a notice of delinquent premium," said Straw. "But notice is important for consumers so they can correct the situation and make the payment, especially in a case like this where they made an honest mistake."
It's a policy that harks back to a time before the ACA when individual consumers could be dropped for almost any reason. It isn't clear why the Gaffers received no notice.
Spokeswoman Johnson, when asked about the state requirement, wrote: "Members are notified of any outstanding balance on their monthly premium statements. They have a 30-day grace period."
HealthPartners told the state's insurance exchange as part of an inquiry into the Gaffer's case, that "as far as past-due notices go, we do not send letters for members that do not have [a subsidy]," an appeals document shows.
Following the attention on the Gaffer's plight, HealthPartners has a new policy, rolled out in March and April for customers who don't get subsidies: Those who fall behind will get a late notice around the 15th of the month, said spokeswoman Johnson.
That might have helped the Gaffers, but it is still far less time than the 90-day window the insurer must give by law to anyone who bought the same insurance plan but got a subsidy.
An Apology
As for the Gaffers, who scrambled for months trying to get coverage and went uninsured for a while, there's good news.
First, they got new coverage from a different insurer before they welcomed baby Maggie, born without a hitch and healthy in late January.
Months later, after fielding questions from "An Arm and a Leg," HealthPartners called the Gaffers: It wanted to reinstate them — and cover the outstanding medical bills racked up during their time uninsured.
"We've apologized to the family, reinstated their coverage and view this situation as an opportunity where we can do better," spokeswoman Johnson said in an email.
The Gaffers have learned a lot in the process.
"Being an advocate for yourself is such a huge thing," said Corey.
He's glad HealthPartners has now said it will send warnings to consumers who fall behind on payments.
Oh, and just to be sure, the couple's premiums are now on "auto pay" and "we have like eight calendar reminders set up," Caitlin said. "Today it popped up three times: 'Make sure insurance is paid.'"
Amazonhas opened a new healthcare frontier: Now Alexa can be used to transmit patient data. Using this new feature — which Amazon labeled as a "skill" — a company named Livongo will allow diabetes patients — which it calls "members" — to use the device to "query their last blood sugar reading, blood sugar measurement trends, and receive insights and Health Nudges that are personalized to them."
Private equity and venture capital firms are in love with a legion of companies and startups touting the benefits of virtual doctors' visits and telemedicine to revolutionize healthcare, investing almost $10 billion in 2018, a record for the sector. Without stepping into a gym or a clinic, a startup called Kinetxx will provide patients with virtual physical therapy, along with messaging and exercise logging. And Maven Clinic (which is not actually a physical place) offers online medical guidance and personal advice focusing on women's health needs.
In April, at Fortune's Brainstorm Health conference in San Diego, Bruce Broussard, CEO of health insurer Humana, said he believes technology will help patients receive help during medical crises, citing the benefits of home monitoring and the ability of doctors' visits to be conducted by video conference.
But when I returned from Brainstorm Health, I was confronted by an alternative reality of virtual medicine: a $235 medical bill for a telehealth visit that resulted from one of my kids calling a longtime doctor's office. It was for a five-minute phone call answering a question about a possible infection.
Virtual communications have streamlined life and transformed many of our relationships for the better. There is little need anymore to sit across the desk from a tax accountant or travel agent or to stand in a queue for a bank teller. And there is certainly room for disruptive digital innovation in our confusing and overpriced healthcare system.
But it remains an open question whether virtual medicine will prove a valuable, convenient adjunct to healthcare. Or, instead, will it be a way for the U.S. profit-driven healthcare system to make big bucks by outsourcing core duties — while providing a paler version of actual medical treatment?
After all, my doctors have long answered my questions and dispensed phone and email advice for free — as part of our doctor-patient relationship — though it didn't have a cool branding moniker like telehealth. And my obstetrician's office offered great support and advice through two difficult pregnancies — maybe they should have been paid for that valuable service. But $235 for a phone call (which works out to over $2,000 per hour)? Not even a corporate lawyer bills that.
Logic holds that some digital health tools have tremendous potential: A neurologist can view a patient by video to see if lopsided facial movements suggest a stroke. A patient with an irregular heart rhythm could send in digital tracings to see if a new prescription drug is working. But the tangible benefit of many other virtual services offered is less certain. Some people may like receiving feedback about their sleep from an AppleWatch, but I'm not sure that's medicine.
And if virtual medicine is pursued in the name of business efficiency or just profit, it has enormous potential to make healthcare worse.
My doctor's nurse is far better equipped to answer a question about my ongoing health problem than someone at a call center reading from a script. And, however thorough a virtual visit may be, it forsakes some of the diagnostic information that comes when you see and touch the patient.
A study published recently in Pediatrics found that children who had a telemedicine visit for an upper-respiratory infection were far more likely to get an antibiotic than those who physically saw a doctor, suggesting overprescribing is at work. It makes sense: A doctor can't use a stethoscope to listen to lungs or wiggle an otoscope into a kid's ear by video. Similarly, a virtual physical therapist can't feel the knots in muscle or notice a fleeting wince on a patient's face via camera.
More important, perhaps, virtual medicine means losing the support that has long been a crucial part of the profession. There are programs to provide iPads to people in home hospice for resources about grief and chatbots that purport to treat depression. Maybe people at such challenging moments need — and deserve — human contact.
Of course, companies like those mentioned are expecting to be reimbursed for the remote monitoring and virtual advice they provide. Investors, in turn, get generous payback without having to employ so many actual doctors or other health professionals. Livongo, for instance, has raised a total of $235 million in funding over six rounds. And, as of 2018, Medicare announcedit would allow such digital monitoring tools to "qualify for reimbursement," if they are "clinically endorsed." But, ultimately, will the well-being of patients or investors decide which tools are clinically endorsed?
So far, with its new so-called skill, Alexa will be able to perform a half-dozen health-related services. In addition to diabetes coaching, it can find the earliest urgent care appointment in a given area and check the status of a prescription drug delivery.
But it will not provide many things patients desperately want, which technology should be able to readily deliver, such as a reliable price estimate for an upcoming surgery, the infection rates at the local hospital, the location of the cheapest cholesterol test nearby. And if we're trying to bring healthcare into the tech-enabled 21st century, how about starting with low-hanging fruit: Does any other sector still use paper bills and faxes?
The Democratic governor is proposing a tax penalty on Californians who don't have health insurance — similar to the unpopular federal penalty the Republican-controlled Congress eliminated.
This story was first published on Tuesday, June 4, 2019 in Kaiser Health News.
Claire Haas and her husband are at a health insurance crossroads.
If they were single, each would qualify for a federal tax credit to help reduce the cost of their health insurance premiums. As a married couple, they get zip.
"We talk about getting divorced every time we get our healthcare bills," said Haas, 34, of Oakland, Calif. She has been married to her husband, Andrew Snyder, 33, for two years.
"We kind of feel like we messed up. We shouldn't have gotten married."
The couple pays about $900 in monthly premiums — which adds up to about 14% of their annual income, said Haas, a self-employed leadership coach and consultant. Snyder is an adjunct professor of ethnomusicology.
Under a proposalby Gov. Gavin Newsom, an estimated 850,000 Californians could get help paying their premiums, including people like Haas and Snyder, who together make too much to qualify for federal financial aid but still have trouble affording coverage.
To pay for the health insurance tax credits, the Democratic governor is proposing a tax penalty on Californians who don't have health insurance — similar to the unpopular federal penaltythe Republican-controlled Congress eliminated, effective this year.
If Newsom's $295 million plan is enacted, California would be the first state to offer financial aid to middle-class families who have shouldered the full cost of premiums themselves, often well over $1,000 a month.
"This is a gap in the Affordable Care Act, but there's been no action at the federal level," said Matthew Fiedler, a fellow with the USC-Brookings Schaeffer Initiative for Health Policy.
Democrats in Congress introduced legislation this year to expand the federal subsidy to more people, but those efforts have stalled in the past in the face of Republican opposition.
In California, legislators are debating Newsom's penalty and tax credit proposals as part of budget negotiations, which must be wrapped up by June 15. Democrats control the legislature, but Republicans and taxpayer groups are opposed to the proposed penalty, saying people should have a choice about whether to buy insurance.
"It's a very costly and regressive tax on young people who can't afford it," said David Wolfe, legislative director of the Howard Jarvis Taxpayers Association. "They likely aren't going to get sick, and they want to take that chance."
Three other states — Massachusetts, New Jersey and Vermont — and the District of Columbia already have adopted state health insurance requirements. Health experts say these mandates encourage young, healthy people to buy coverage alongside older, sicker — and more expensive — enrollees.
If lawmakers approve a state tax penalty, modeled after the now-defunct ACA mandate, some Californians could owe thousands of dollars if they fail to buy insurance.
"Without the mandate, everybody's premiums go up," Newsom said at an event in Sacramento in early May. "Every single person in this state will experience an increase in their costs if we don't have a diversified risk pool."
Massachusetts and Vermont provide state financial aid to low-income people who qualify for federal aid under the ACA, according to the USC-Brookings Schaeffer Initiative for Health Policy. Newsom wants to go a step further and give financial help to middle-income earners — which could include families of four earning up to about $154,500.
Under his proposal, 75% of the financial aid would go to about 190,000 of these middle-income people who make between 400% and 600% of the federal poverty level. That's between about $50,000 and $75,000 a year for an individual and between about $103,000 and $154,500 for a family of four.
The average household tax credit in this category would be $144 per month, according to Covered California.
The remaining money would go toward tax credits for about 660,000 people who earn between 200% and 400% of the federal poverty level, or roughly between $25,000 and $50,000 for an individual and $51,500 and $103,000 for a family of four. The average household tax credit in this category would be $13 a month, Covered California estimated.
Exactly how much Californians could receive would vary depending on where they live, their ages, incomes and family size, said Peter Lee, Covered California's executive director.
For example, a couple, both 62, living in the San Francisco Bay Area making $72,000 a year doesn't qualify for federal tax credits. They now pay a $2,414 monthly premium — or about 40% of their income.
That couple could qualify for a $1,613 state tax credit under Newsom's proposal, lowering the cost of health insurance to about 13% of their income, according to a Covered California analysis.
By comparison, the ACA defines an affordable employer-sponsored health plan as one that costs about 9.5% or less of an employee's household income.
California's high premium costs are among the biggest concerns middle-income customers raise with Kevin Knauss, an insurance agent in the Sacramento region.
"I have clients, especially those who are self-employed, who have literally discussed the possibility of not working for two or three months or stepping back from projects" so they can earn less and qualify for federal tax credits, Knauss said.
Other insurance agents said they've met middle-income families who are willing to forgo insurance for one family member — often the breadwinner — to bring down costs.
Alma Beltran, a small-business owner in Chula Vista, Calif., doesn't have health insurance, and neither do her husband and 17-year-old daughter.
Beltran knows it's a risk but said the premiums this year were simply unaffordable: $1,260 a month for a plan with a whopping $13,000 deductible.
"I decided to let my business grow at the expense of my health insurance," said Beltran, 53, who manufactures labels for the beer and wine industry. "This is the first year ever that I haven't had health insurance."
Such stories are why some lawmakers think Newsom's proposal doesn't go far enough. For instance, some households wouldn't qualify for a state tax credit until they spent a quarter of their income on premiums.
"We're still talking about a substantial portion of someone's income," said state Sen. Richard Pan (D-Sacramento). "I appreciate the governor's leadership, but I think that we do need to more."
The state Senate wants the governor to double the funding to about $600 million, not only by relying on the penalty revenue but by dipping into the state general fund. California is projected to have a $21.5 billion budget surplus for budget year 2019-20.
While Newsom said he supports giving consumers larger subsidies, he said his plan is fiscally responsible because it has a dedicated revenue source from the proposed health insurance penalty.
"Perfect's not on the menu, but better than any other state in America is," Newsom said.