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Withdrawal/Redaction Sheet Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001a. letter From: Hillary Rodham Clinton, To: Breast Cancer Survivor [partial] 4/20/95 b(6) (2 pages) 001b. letter From: Breast Cancer Survivor, to: Mrs. Clinton [partial] (2 pages) 9/23/96 b(6) 001c. letter From: Blue Cross / Blue Shield of Georgia, To: Breast Cancer 3/28/94 b(6) Survivor [partial] (1 page) 001d. fax From: GA Surgery - W Paces, To: Policyholder [partial] (2 pages) 4/5/94 b(6) 001e. letter From: Breast Cancer Survivor, To: Representative Cynthia McKinney 9/23/94 b(6) [partial] (1 page) 001f. letter From: Representative Cynthis McKinney, To: Mrs. Clinton [partial] 10/31/94 b(6) (1 page) COLLECTION: Clinton Presidential Records First Lady's Office Pam Cicetti OA/Box Number: 13598 FOLDER TITLE: HRC Health Care Correspondence 95 - E,F 2014-0159-S sb297 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency ((b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. HRC HC CORR 95-E,F PERSONAL & CONFIDENTIAL DETERMINED TO BE AN ADMINISTRATIVE MARKING INITIALS: ADB 12-5-13 DATE: PHOTOCOPY PRESERVATION Date: 02/14/95 Time: 08:48 Employers Cut Health Care Costs in 1994 With Moves to Managed Care WASHINGTON (AP) Employers cut their employee health costs in 1994 by steering more workers into managed-care plans. The average employer with 10 or more workers spent $3,741 per employee on health benefits, down 1.1 percent from the year before, the benefit consulting firm Foster Higgins said Monday. That was a sharp dropoff from the 8 percent increase the year before and double-digit increases in earlier years. The companies did it by boosting the percentage of workers enrolled in managed care health maintenance organizations, preferred provider organizations and point-of-service plans from 52 percent to 63 percent in a single year. Managed-care plans emphasize primary and preventive care, including low-cost checkups, in hopes of keeping patients healthy. The growth of managed care was most rapid in the Northeast and slowest in the South, according to Foster Higgins' survey of nearly 2,100 employers. Big employers, those with more than 500 workers, had the most success in holding down their medical bills. Their costs fell by 1.9 percent, to $4,040 per employee. Those with fewer than 500 employees, which generally offer less generous coverage, saw their costs climb by 6.5 percent, to $3,452. For years, health costs have been rising at two and three times the rate of general inflation. But that spiral slowed dramatically in 1994 while Congress debated, and eventually discarded, President Clinton's proposal to make all employers and employees buy health insurance. Forty-one million Americans, or 16.1 percent of the population, are still uninsured, and the number is rising. `Employers that have embraced and moved to managed care have been rewarded, said John Welch, a principal with Foster Higgins' Washington office. Fifteen percent of employers offered a point-of-service option in 1994, up from 4 percent in 1993. They charge patients more if they go outside the plan's network of doctors and hospitals. Employers for the first time induced a significant number of retirees to join HMOs. 'Getting this high-cost population into low-cost plans will have a big impact on employers' health care liability over the long term, said Dave Rahill, also a Foster Higgins principal. In the Northeast, 63 percent of covered workers were in managed care, up from 34 percent in 1993. Employers' costs declined 9.7 percent, to $3,851 per employee. In the Midwest, managed-care enrollment grew from 51 percent to 60 percent while costs rose 0.7 percent, to $4,048. The West, the bellwether for managed care, enrollment grew from 72 percent to 80 percent, and costs rose 2 percent, to $3,693. In the South, managed-care enrollment inched up from 57 percent to 58 percent, and costs rose 3.9 percent, to $3,389. A sample of all employers with 10 or more employees was surveyed by ICR Survey Research Group for Foster Higgins. The company said the results are valid for more than 550,000 employers with 68 million employees. APNP-02-14-95 0850EST Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001a. letter From: Hillary Rodham Clinton, To: Breast Cancer Survivor [partial] 4/20/95 b(6) (2 pages) COLLECTION: Clinton Presidential Records First Lady's Office Pam Cicetti OA/Box Number: 13598 FOLDER TITLE: HRC Health Care Correspondence 95 - E,F 2014-0159-S sb297 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)| Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRAJ b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA| b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRAJ b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA| personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. THE WHITE HOUSE WASHINGTON April 20, 1995 (b)(6) 0019 Dear (b)(6) 0019 Thank you for writing about your difficulty obtaining payment from Medicare for the mammogram you received last March. As you point out, Medicare pays for what are called "screening" mammograms every other year. However, Medicare places no limit on the number of "diagnostic" mammograms. Because you were treated for breast cancer last year, the six- month follow up mammograms your doctor prescribed are diagnostic, and they will be covered by Medicare. Many people agree that older women should receive mammograms every year and, therefore, that Medicare should cover annual mammograms for women aged 65 and older. However, many other well-respected scientists and physicians believe that mammograms performed every other year are just as effective as annual mammograms. This issue continues to be studied. I have brought your letter to the attention of Dr. Helen Smits, the Deputy Administrator of the Health Care Financing Administration, which runs the Medicare program. Although it is clear that you are careful to take care of yourself and your health, you may be surprised to know how few of the women on Medicare obtain mammograms. Fewer than 40 percent of older women on Medicare have submitted a claim for a mammogram in the past two years. I have met with older women around the country to talk about mammography and Medicare, and during the next few months, I intend to continue to do what I can to help spread the word about the importance of mammograms and to urge older women to take advantage of this crucial Medicare benefit. I encourage you to remind friends and family who are 65 and older to obtain a mammogram at least every other year. (b)(6) 0019 April 20, 1995 Page Two Thank you again for writing. You have my very best wishes for your continued good health. Sincerely yours, Clenton Hillary Rodham Clinton CC: The Honorable Cynthia McKinney Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001b. letter From: Breast Cancer Survivor, to: Mrs. Clinton [partial] (2 pages) 9/23/96 b(6) COLLECTION: Clinton Presidential Records First Lady's Office Pam Cicetti OA/Box Number: 13598 FOLDER TITLE: HRC Health Care Correspondence 95 - E,F 2014-0159-S sb297 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information [(a)(4) of the PRA b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. (b)(6) 001b September 23, 1994 Hilary Rodman Clinton The White House Office of the First Lady 1600 Pennsylvania Avenue Washington, D.C. 20500 Dear Mrs. Clinton: I am a 67 year old breast cancer survivor. I can happily say this because I had a mammogram in conjunction with my annual physical in March of this year. This is the reason I am writing to you. Medicare refused to pay for this mammogram because of my age. However, the mammogram showed very early cancer. I subsequently had a lumpectomy and six weeks of radiation. Their policy is to pay for a mammogram only every two years. They consider this a routine procedure. In my humble opinion a mammogram for women over 65 years old should be considered a diagnostic, not routine, procedure. I support your efforts to reform the national health situation. We do need changes but we also need to review the methods we now have to keep healthy senior citizens healthy. The ironic part of this whole episode is that Medicare paid the radiologist who read the x-ray, all the subsequent tests needed before surgery, a lumpectomy and the radiation and did not question one charge! Yet, it took them six months to approve payment of the original mammogram. I am incensed that Medicare can arbitrarily decide who should and who should not have a mammogram! How many other women have they denied this procedure by not paying for it and who may have died of breast cancer because they were not diagnosed early enough! My oncologist is scheduling me for a mammogram every six months for the next two years as a precautionary measure. My first one is scheduled for next week. I wonder if Medicare will refuse to pay for this one, too. Enclosed are six documents to substantiate the information in this letter. Thank you for taking the time to review this information. Sincerely yours, (b)(6) 0016 (b)(6) 001.6 Page 2 enc: 1. Medicare letter, dated 3/28/94 2. Pathology report, dated 3/30/94 3. Cover letter from my surgeon, Dr. William A. Reid, dated 4/5/94 4. My appeal letter to Medicare, dated 4/18/94 5. Medicare reply to my appeal letter, dated 4/22/94 6. Medicare notification that bill was paid, after I called and asked for copy, dated 9/1/94 CC: Rep. Patricia Schroeder Sen. Barbara Mikulski Sen. Connie Mack Sen. Barbara Boxer Sen. Diane Feinstein Rep. Cynthia McKinney Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001c. letter From: Blue Cross / Blue Shield of Georgia, To: Breast Cancer 3/28/94 b(6) Survivor [partial] (1 page) COLLECTION: Clinton Presidential Records First Lady's Office Pam Cicetti OA/Box Number: 13598 FOLDER TITLE: HRC Health Care Correspondence 95 - E,F 2014-0159-S sb297 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information |(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors |a)(5) of the PRAJ b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA| b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. DIUCLIUSS P.U. BOX 9048 BlueShield Medicare Columbus, Georgia 31908-9048 Beneficiary Customer Service - 706-322-4082 ® of Georgia Provider Customer Service - 706-571-5417 A Member of the Blue Cross and Blue Shield Association, An Association of Independent Blue Cross and Blue Shield Plans 404 95333550 Federal Medicare Intermediary I - 03/28/94 WEST PACES MEDICAL CENTER (b)(6) 001c 3200 HOWELL MILL RD NW ATLANTA GA 30327 RE: (b)(6) 001c ICN: SERVICE DATES: 03/10/94 03/10/94 MEDICARE COVERS A SCREENING MAMMOGRAM FOR A WOMAN OVER 65 EVERY 2 YEARS. A SCREENING MAMMOGRAM IS ALLOWED ONCE A YEAR FOR WOMEN FROM AGE 50 THRU 64. COVERAGE IS ONLY ALLOWED ONCE FOR A WOMAN AGE 35 THRU 39. A SCREENING MAMMOGRAM IS ALLOWED FOR A WOMAN AGE 40 THRU 49 IF AT HIGH RISK OR EVERY TWO YEARS IF NOT AT HIGH RISK. ACCORDING TO THE INFORMATION ON YOUR CLAIM YOU DO NOT MEET THE REQUIREMENTS FOR COVERAGE OF THIS CLAIM. THEREFORE, NO PAYMENT CAN BE MADE FOR THE SERVICES YOU RECEIVED. 0403 OTHER IMAGING SERVICES - SCREENING MAMMOGRAPHY 1 $62.50 0001 CLAIM TOTALS 0 $62.50 IF YOU DO NOT AGREE WITH THIS DETERMINATION, YOU HAVE THE RIGHT TO APPEAL. YOU MUST FILE A WRITTEN REQUEST FOR REVIEW WITHIN 6 MONTHS FROM THE DATE OF THIS NOTICE. YOU MAY MAKE YOUR REQUEST THROUGH THIS OFFICE OR ANY SOCIAL SECURITY OFFICE. BLUE CROSS AND BLUE SHIELD OF GEORGIA, INC. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001d. fax From: GA Surgery - W Paces, To: Policyholder [partial] (2 pages) 4/5/94 b(6) COLLECTION: Clinton Presidential Records First Lady's Office Pam Cicetti OA/Box Number: 13598 FOLDER TITLE: HRC Health Care Correspondence 95 - E,F 2014-0159-S sb297 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)) Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA| an agency |(b)(2) of the FOIA| P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. APR- 5-94 TUE 11:10 GA SURGERY-W PACES FAX NO. 4043522772 P.01 MEDICAL CENTER DEPARTMENT OF PATHOLOGY JAME: (b)(6) oold DOB: (b)(6) oold HOSP. NO. 1944026423 OCTOR(S)EREID ROOM:ASU PATH. NO. S94-1962 3PECIMEN,LEFT BREAST TISSUE DATE:03/30/94 Clinical History:LEF BREAST MASS DIAGNOSIS, INTRADUCTAL CARCINOHA, COMEDO TYPE WITH INTRALUMINAL MICROCALCIFICATIONS. THE LESION IS IDENTIFIED AT THE LINE OPTSURGERY AND SHOWS FOCI OF HICROINVAGION - left breast tissue with localization. (174.9) GROSS: The specimen 18 received in the fresh state for fexitron examination labeled "left breast tissue". It consists of B lobular mass of flabby fat and breast tissues with a needle wire identification in place. The specimen measures 4.5 X. 3.5 H 3.0 de. All additional swaller sample weasures 3.0 CM in diameter is present. The specimen 18 faxityoned in the whole, the identification needle removed, dipped in India ink, serially sectioned and dexitroned again. The cut section reveals areas 41 white breast Lissue with & shiny cut surface and soft consistency. The faxitron study demonstrates presence of clustered microcalcifications similar to the ones identified in the wassagram. INTRAOPERATIVE CONSULT: HAHNOGRAPHIC LESION OF MICROCALCIFICATIONS IS IDENTIFIED IN THE SPECIMEN. Clustered microcalcifications are identified in four different slices and these are submitted in cassettes #1 through 4. Additional random samples are submitted in cassettee #5 through 10. CA2/jlg MICROSCOPIC Ten H & E stained eections are examined. The first four alides represent the area of microcelcifications identified in the fexitron study which demonatrates B linear lesion represented by a breast duct with neoplestic malignant changes of the ductal epithelium, proliferating in a ring-like fashion with the lumen occupied with cellular debris in which microcalcifications are present. The features are those of an intreductal comedo type cercinous and the line of surgery in slides 1 and 3 appeare involved with the leadon which has been painted with India ink. There are microscopic foci at breaked hrough with microinvaaion of ductal cells with desmoplastic reaction de #4 which has been examined at three deeper levels. Additional of the uninvolved portion of the specimen dewonatraten breadt tissue with TAC additional evidence of neoplastic lesions. Carlos A. 2evellos, M.D./Uf 3/31/94 CAYWAIN MAG J. T. GODWIN, K.D. C. A. ZEVALLOS, M.D. SIGNA (RHOLS K.D. C.P.GARRISON, M.D. PATHOLOGIST DR. ATHOLOGIST PATHOLOGIST PATHOLOGIST IDC EDC TELEPHONED REPORT TO: INSUFIED x225 FACED MEDICAL CENTER PARTMENT OF PATHOLOGY NAME: (b)(6) oold DOB: (b)(6) oold HOSP. NO. 1944026423 DOCTOR (S) 1 REID ROOM: ASU PATH. NO. ,594-1962 SPECIMEN,LEFT BREAST TIBSUE DATE:03/30/94 Clinical History:LEFT BREAST MASS INTRAOPERATIVE CONSULT: MAMMOGRAPHIC LESION OF HICROCALCIFICATION IS IDENTIFIED IN THE SPECIMEN. Carlos A. Zevallos, R.D./jlg 03/30/94 HAG J.T.GODWIN, H.D. care C.A. ZEVALLOS, M.D. C.W. NICHOLS, M.D. C.P. GARRISON, M.D. PATHOLOGIST PATHOLOGIST PATHOLOGIST PATHOLOGIST IDC EDC TELEPHONED REPORT TO: DATE/TIME, JAN-04-1995 11:04 FROM ADMINISTRATOR'S OFFICE TO 94567431 P.01 HEALTH CARE FINANCING ADMINISTRATION ADDRESSEE: KAREN GUSS FROM: HELON h, SHITS, M.D. OFFICE OF THE ADMINISTRATOR 200 INDEPENDENCE AVE., S.W. ROOM 314G WASHINGTON, DC 20201 PHONE: 202-690-6726 PHONE: 456-5603 FAX : 202-690-6262 TOTAL PAGES: ADDRESSEE'S FAX MACHINE NUMBER: DATE: CTI 456-7431 1/4/95 REMARKS: JAN-04-1995 11:04 FROM ADMINISTRATOR'S OFFICE TO 94567431 P.02 1/4/95 Memo to: Karen Guss From: Helen Smit Halm I gather from the material you sent that Mrs. Clinton's reply to the breast cancer survivor has not yet gone. Here is some information that might help in the response: The q. six month mammograms in the future should be paid because they are diagnostic (related to the previous cancer) rather than routine screening. If there was some particular reason to do the original screening mammogram, such as a family hisotry of the disease or other factors placing her in a high risk category, that should also have been coded as diagnostic and paid. Our real problem with the mammogram benefit in Medicare is that beneficiaries simply don't use it enough; we're drafting a note: from Bruce about that which should be over to Mrs. Clinton later this week. But you're right, we don't intend to increase the frequency of screening that we will pay for and we are supported in that by a number of expert organizations, including both geriatrics and cancer groups. Let me know if I can be of any other help. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001e. letter From: Breast Cancer Survivor, To: Representative Cynthia McKinney 9/23/94 b(6) [partial] (1 page) COLLECTION: Clinton Presidential Records First Lady's Office Pam Cicetti OA/Box Number: 13598 FOLDER TITLE: HRC Health Care Correspondence 95 - E,F 2014-0159-S sb297 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)| Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRA] b(1) National security classified information |(b)(1) of the FOIA) P2 Relating to the appointment to Federal office |(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA| an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRAJ b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA| PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. oole (b)(6) SEP 27 1994 September 23, 1994 Representative Cynthia McKinney 1 South DeKalb Center 2853 Candler Road Suite 9 Decatur, Georgia 30034 Dear Representative McKinney: Enclosed are copies of a letter and supporting documents I am sending to Mrs. Hilary Clinton in regards to a problem I had with Medicare. They refused to pay for a mammogram I had in March of this year because of my age. As you can see by the appeal letter I sent them, if I had not had a mammogram this year I could possibly be dead next year. Because of finding the cancer in its earliest stages I was able to just have a lumpectomy and radiation and now I'm cancer free. Please continue to fight for health reform and especially for senior citizens! Miss McKinney, I also want to tell you how helpful your office staff were to me. I called your Decatur office several months ago to get the addresses of all the people on the enclosed list. Whoever answered the phone gave me all the addresses and was most gracious. Sincerely yours, (b)(6) oole Enclosures: 7 Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001f. letter From: Representative Cynthis McKinney, To: Mrs. Clinton [partial] 10/31/94 b(6) (1 page) COLLECTION: Clinton Presidential Records First Lady's Office Pam Cicetti OA/Box Number: 13598 FOLDER TITLE: HRC Health Care Correspondence 95 - E,F 2014-0159-S sb297 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRAJ b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA| b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA| b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA| personal privacy [(a)(6) of the PRA| b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA| C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA| RR. Document will be reviewed upon request. CYNTHIA A. McKINNEY DISTRICT OFFICES: 11TH DISTRICT, GEORGIA 1 SOUTH DEKALB CENTER SUITE 9 WASHINGTON OFFICE: 2853 CANDLER ROAD 124 CANNON BUILDING DECATUR. GA 30034 WASHINGTON, DC 20515 (404) 244-9902 (202) 225-1605 120 BARNARD STREET COMMITTEE ON AGRICULTURE SUITE 305-A DEPARTMENT OPERATIONS AND NUTRITION SAVANNAH, GA 31401 ENVIRONMENT, CREDIT, AND RURAL DEVELOPMENT FOREIGN AGRICULTURE AND HUNGER Congress of the United States (912) 652-4118 505 COURTHOUSE LANE COMMITTEE ON FOREIGN AFFAIRS INTERNATIONAL ECONOMIC POLICY AND TRADE house of Representatives SUITE 100 AUGUSTA, GA 30901 WESTERN HEMISPHERE AFFAIRS (706) 722-7551 Washington, DC 20515-1011 October 31, 1994 Hillary Rodham Clinton Office of the First Lady The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Dear Mrs. Clinton: Please find enclosed a letter my district office received from a (b)(6), 001f 001f (b)(6) She sent us a letter which she wanted forwarded on to you. It concerns her fight with breast cancer and also the struggle that ensued with Medicare. I thought her letter would be of interest to you. With warm personal regards, I remain Sincerely, Cyme Cynthia McKinney Member of Congress CAM: Ism Enclosures cc: (b)(6) 001f PRINTED ON RECYCLED PAPER F THE WHITE HOUSE WASHINGTON MEMORANDUM To: Hillary Rodham Clinton From: Chris Jennings Date: February 17, 1995 Re: Jackson Hole Group As I believe you know, Secretary Shalala recently accepted an invitation from Paul Ellwood to attend a meeting in Jackson Hole this weekend. She is scheduled to respond to their most recent health care proposal, which is attached for your review. Also enclosed you will find Secretary Shalala's written response from which she plans to address the attendees this weekend. As you will note, behind the usual niceties, the letter is very critical and points out the shortcomings of their most recent take on health care reform. AARP'S John Rother, we are told, is planning on being at least as critical of the Jackson Hole proposal. Lastly, because some essential information on the state-by-state impact of Medicare and Medicaid cuts will not be available until late in the week, we have decided to postpone the Wednesday Map Group meeting. We have rescheduled the meeting for Tuesday, February 28 and it is now on your calendar. Jen and I look forward to seeing you on Tuesday. cc: Melanne Verveer OF HUMAN THE SECRETARY OF HEALTH AND HUMAN SERVICES WASHINGTON, D.C 2020) USA FEB 1 7 1995 Paul M. Ellwood Jr., M.D. President Jackson Hole Group P.O. Box 350 Teton Village, WY 83025 Dear Paul: Thank you for the opportunity to review the new draft proposal of "Responsible Choices." I am looking forward to meeting with you and others in Jackson Hole to discuss our respective ideas for improving the nation's health care system. I have appreciated the opportunity to work with the Jackson Hole Group in the past, in large part because we share a common commitment to improving both efficiency and fairness in the health care system. I think we all agree that health reform requires three elements to be effective - expanded coverage, lower costs and improved quality - and that a restructured marketplace is essential to achieving these elements. Our ultimate goal must be universal coverage in an efficiently operating marketplace. You and your colleagues have made a significant contribution to the health care debate in this country by recognizing the critical role that consumer choice and private innovation can play in our health care system. I think that we both agree that choice is a critical element in improving quality and efficiency. I was surprised, then, by the direction reflected in "Responsible Choices." The draft proposal seems to abandon your previous commitment to addressing the problems of the over 40 million uninsured in this nation. I understand that the political environment has changed, and that our strategies may need to change as a result. However, that does not alter the underlying fact that middle class people who lose their jobs, or working families struggling to get by, need some assistance to be able afford adequate health insurance. The Jackson Hole Group has recognized this fact in the past, and has advocated substantial subsidies to assist the uninsured in purchasing private insurance. It deeply troubles me that the "Responsible Choices" proposal fails even to mention the need to move towards universal coverage, let alone suggest policies (short or long-term) to do so. In fact, the arbitrary cap on funding for the Medicaid program proposed in "Responsible Choices" would actually decrease coverage. Over the past few years, enrollment in employer-based insurance has fallen by almost six percentage points (from around 66% to around 60% of the nonelderly population), while the percentage of the population covered by Medicaid has grown significantly. Between one-third and one-half of the projected annual growth in Medicaid spending results from projected growth in enrollment. Page 2 - Paul M. Ellwood Jr., M.D. Furthermore, I am perplexed and disturbed that you would propose an arbitrary cap on the Medicare program. Like Social Security, Medicare is an inter-generational compact. Placing an arbitrary, pre-determined cap on Medicare spending, while at the same time eliminating its status as an entitlement, would put services to the elderly at risk and would violate that compact. A cap on Medicare puts the elderly and disabled at risk. The vast majority of Medicare beneficiaries have modest incomes. Over 75% of beneficiaries have incomes below $25,000; 30% of beneficiaries get 80% or more of their income from Social Security. So while a voucher program like that proposed in "Responsible Choices" may expand choice for some beneficiaries, it would in fact diminish choice for many by effectively forcing them into a low-cost plan and away from the providers of their choice. This does not mean that we oppose improving Medicare - quite the contrary. We are pleased that, during the Clinton Administration, projections for the average annual rate of growth for Medicare spending for the period 1996 - 2000 have decreased - by more than a percentage point a year - just in the period between the Mid-Session Review last spring and the President's Fiscal Year 1996 Budget. We are pressing ahead with improvements in Medicare management, data processing, contractor oversight, and program integrity activities. Among the other improvements we are making in Medicare, I believe that we share a commitment to expanding and improving the managed care choices available to Medicare beneficiaries. Today, about 74 percent of Medicare beneficiaries have access to a managed care plan, and 9% of beneficiaries have enrolled in one. Enrollment is increasing rapidly - by over 1% per month. We also are working on ways to make our existing managed care program work better. Examples include our work with the industry to improve quality measures and the AAPCC methodology for the Medicare risk contracting program, and our collaboration with Alain Enthoven to design a competitive bidding demonstration. And, as we have testified in recent weeks, we are in the process of developing new managed care options under Medicare, including a PPO option. While managed care appears now to be reaching a critical mass in private sector health programs, at least in some areas, it has taken many years to achieve this state. Many employers that have embraced managed care have moved cautiously to avoid disruption, by maintaining a fee-for-service option at affordable levels or by offering out-of-network options through point-of-service plans or PPOs. Most Medicare beneficiaries - and particularly the most elderly among them - have not had the benefit of a gradual exposure to managed care. I am strongly committed to expanding the managed care options available in Medicare, but the emphasis must be on choice. We should learn from the private sector and recognize that we need to move prudently if we are to foster understanding and acceptance of managed care approaches among beneficiaries. Page 3 - Paul M. Ellwood Jr., M.D. I look forward to the upcoming discussions at Jackson Hole. We need to focus on how we can improve both the private insurance market and public programs. And we must discuss ways to expand coverage for vulnerable populations. I believe that there are many points on which we can agree. To me, making responsible choices means finding ways to improve what we have, not making arbitrary cuts in important programs that can leave the elderly, disabled, and poor at risk. I hope that we can work together over the coming months to accomplish meaningful health care reform. Sincerely, Donn 98hlole 9 Donna E. Shalala JACKSON HOLE GROUP Paul M. Ellwood, M.D. President February 9, 1995 Secretary Donna Shalala Department of Health and Human Services 200 Independence Ave, SW, Suite 615F Washington, DC 20201 Dear Donna, This is our first version of "Responsible Choices." We spent considerable time and drew on expertise in specific fields of relevance in devising the substance of these proposals. As you will see, the product is a hard-hitting document that lays out the actions that the private sector and government should take to: bring public programs into line with the private sector; increase consumer cost-consciousness; expand group purchasing for small groups and individuals; and establish a fair market with good, comparable information. Undoubtedly, "Responsible Choices" will produce differences of opinion within the Jackson Hole Group, particularly in the absence of political pressure for reform. However, I hope that we can reach consensus and offer the public a comprehensive proposal for incremental reform. 1 think that the Jackson Hole Group is ahead of the curve with "Responsible Choices." I have not seen any other broad post-Clinton proposals for health reform, especially ones that take into account what is occurring in the private sector. Additionally, "Responsible Choices" will distinguish itself because it is based on actual clinical and operational experience gained from all participants in the Jackson Hole Group process. I cannot imagine another comprehensive proposal for reform that could include that level of experience and expertise. The section of "Responsible Choices" that corresponds to your topic at the February meeting is Bringing Medicare into the 1990's. If you would like to discuss it or need further clarification, contact Graham Rich, MD of the Jackson Hole Group staff at 307-733- 8781, fax: 307-739-9312. I would be grateful if you could ask someone to calculate the (1) approximate savings which could be made if these proposals were adopted. We will take up all of "Responsible Choices" in detail at the February meeting. 1 would value your comments, as soon as possible, to further revise out recommendations. Your (2) Mailing Address: P.O. Box 350 Teton Village, WY 83025 Fed-Ex/UPS: 6700 North Ellen Creek Road Jackson, WY 83001 307-739-1176 Fax: 307-739-1177 9502100027 feedback and that coming out of the February meeting will be incorporated before the document is ready for wider circulation and critique at the end of the month. Sincerely, Paul Paul M. Ellwood, M.D. RESPONSIBLE CHOICES FOR ACHIEVING REFORM OF THE AMERICAN HEALTH SYSTEM A Draft Discussion Paper from the Jackson Hole Group February 1995 TABLE OF CONTENTS INTRODUCTION 1 BRINGING MEDICARE INTO THE 1990s 5 Why Update the Medicare Program? 5 Parallels with the Private Sector 6 How Do We Get There? 7 Promoting Consumer Cost-Consciousness 7 Ensuring Plan Competition on the Basis of Price and Quality 8 Intermediate Steps 8 Stage 1: Fiscal Year 1996 8 Stage 2: Fiscal Year 1997 9 Stage 3: Fiscal Year 2002 9 Benefits of Medicare Reform 9 ENCOURAGING STATE SOLUTIONS FOR ACUTE MEDICAID 10 Accelerating the Use of Competitive Managed Care for Acute Medicaid 10 The Federal Contribution 10 Minimizing Federal Reporting 11 INCREASING COST-CONSCIOUSNESS: REFORMING THE TAX TREATMENT OF HEALTH INSURANCE 11 Tax Credit Structure 12 Variation of Tax Credit 13 A Tax Credit Linked to Group Purchasing 13 Stage 1: A Tax Credit for the Individual Market in 1995 14 Stage 2: A Tax Credit for Employer-Based and Group Purchased Coverage in 1998 15 Target Goals 15 MEDICAL SAVINGS ACCOUNTS 15 MSAs Combined With Catastrophic Coverage Could Damage the Market 16 INSURANCE REFORMS AND GROUP PURCHASING 17 State Efforts 19 The Role of the Federal Government 20 A Tax Credit Linked to Group Purchasing 20 Insurance Reforms 20 The Role of the States: Certifying Voluntary Purchasing Groups and Enforcing Standards 21 Target Goals 22 I BENCHMARK BENEFITS 23 The Need for Fair Disclosure and Comparability 23 Assessing Technology 24 An Independent Approach 25 Target Goals 27 A HEALTH ACCOUNTABILITY SYSTEM 27 A New Quality Accountability System for a New Health Care System 27 What Would a Health Accountability System Look Like? 29 Accountability Measures Clearinghouse 29 Health Accountability Foundation 30 Completing the System 31 Target Goals 32 HEALTH SYSTEM INFORMATION 32 Why Is Coordinated Health Data Needed? 32 Why Are the Current Data Inadequate? 33 What Should Be Collected? 33 Cost 34 Coverage 35 Vital Statistics 35 How Can the Goal Be Accomplished? 35 Target Goals 36 CONCLUSION 36 TABLES 1. Functions of the Benchmark Benefits Group 26 2. Elements of a Health Accountability System 30 JHG Responsible Choices: Draft, February 9, 1995 II INTRODUCTION Paul M. Ellwood, MD "Responsible Choices" identifies the actions that the private sector and government should take to improve the American health system. These suggestions build on the Jackson Hole Group's approaches outlined in "The 21st Century American Health System" (1991), which called for accelerating value-based competition in the health care marketplace. "Responsible Choices" is not based on untested economic and social theory. The recommendations are taken directly from the actual clinical and operational experience gained in providing health care and health insurance to over 100 million Americans. "Responsible Choices" spreads the benefits of better quality, lower cost health care with a minimum of prescriptive interference by government at no overall increase in cost. The United States has been rapidly transforming health care by implementing a market- driven system that works-a unique approach that has resulted in significantly reducing rate increases for private purchasers and consumers of medical services. This evolution, turned revolution, which has been underway for at least twenty-five years, is being driven by corporate purchasers, and cost-conscious consumers. It has created an extraordinary array of health plans aggressively competing with one another on price and quality. Managed care plan enrollment has grown by 50 percent since "The 21st Century American Health System" was written. However, some consumers-such as most Medicare beneficiaries, individuals with preexisting illnesses, and the employees of small firms-are not fully benefiting from the health care revolution that is propelling us toward the twenty-first century. And, despite being the largest single purchaser of health care, the government has been slow in bringing public programs into line with those in the private sector. It has taken at least twenty-five years for the new American health system to become established. As it continues to evolve, care must be taken not to disrupt its progress. The market works in health care because multiple purchasers, not only the government, are in 1 JHG Responsible Choices: Draft, February 9, 1995 a position to introduce bold new methods of buying health care and because providers and insurers have substantial freedom to respond with new approaches to organizing and paying for care. Keeping the market working in health care requires the consideration of factors that are unique to the health sector. When a day in the hospital can cost thousands of dollars, people need health insurance. But when this is fee-for-service insurance, there are few incentives for sick individuals and their trusted physicians to try to save money. Those who are poorly insured and have a great incentive to buy on price are in no position to shop for medical care based on price once they become sick. Medical care is a product that is best understood by doctors who are selling it and thus are in a position where they must make both the key clinical and economic decisions for their patients and their practices. "Responsible Choices" assumes that these factors, unique to the health sector, cannot be ignored. If they are disrupted by legislative fiat, the whole system of high- quality, market driven health care could come unraveled. "Responsible Choices" calls for intervention in certain facets of the marketplace to make it function better, while warning policy-makers that preventing further expansion of price and quality competition will disrupt the progress that the market is making. As in any industry, genuinely lowering costs means vast increases in productivity. In this case, change threatens the livelihood of more than 100,000 specialist physicians, one-half of the country's hospital beds, and hundreds of health insurers. The U.S. health system has been transformed thus far by adherence to the following principles: Health plans should compete on the basis of price and quality. Health plans that both finance and deliver comprehensive health care must compete on price and quality. Combining health insurance with health care is perhaps the most important change in the structure of the health system. It shifts the emphasis from increasing earnings by JHG Responsible Choices: Draft, February 9, 1995 2 subjecting the patient to more services to reducing demand for costly extended treatment by keeping people well. To effectively lower costs and improve quality, health plans must carefully select those providing care and match their numbers and skills to the needs of their consumers. This practice has been criticized for restricting doctor opportunities and patient choices, but shepherding resources remains as critical to health care quality and cost as the management of any enterprise. Consumers can be cost-conscious when selecting health insurance. Consumers can be motivated to be cost conscious at the time they select health insurance and choose lower cost plans when they are convinced that health care will be readily available and of good quality. Cost consciousness at the time of illness is less predictable and can cause expensive and dangerous delays in seeking care. This makes capping premium contributions better than high deductibles in motivating consumer choice. Group purchasing of health care should continue. Health care must be purchased by groups large enough to exert real leverage over competing health plans. Size allows these groups to exploit their knowledge of health plan performance and, above all, to spread the cost of insurance over both healthy and unhealthy individuals. As in any market, the presence of many powerful buyers and multiple competing sellers has been shown to be beneficial to consumers and encourages continued innovation and vigorous price competition. Diminishing the clout of group purchasers or dividing consumers into good and bad risks will destroy the burgeoning health market. Information about the quality of care must be available to consumers. For the health market to function properly, consumers, purchasers, and providers need understandable and comparable information on the cost and quality of care from various health plans. The quality of care information currently available to consumers is still incomplete and is perhaps the weakest link in the health care revolution. Because reliable and objective information is not available, the organizations providing the best quality of care are not necessarily attracting the most consumers. This JHG Responsible Choices: Draft, February 9, 1995 3 information gap jeopardizes the entire health revolution. The lack of comparative information on quality also makes the system vulnerable to unsubstantiated criticisms about costs being down because quality is deteriorating. Without expanding entitlements or mandates, "Responsible Choices" expands the revolution in health care by asking government to play by the same rules as the private sector, by increasing the power of consumers, and by minimizing risk selection against individuals and small employers. "Responsible Choices" spreads the benefits of better quality, lower cost health care with a minimum of prescriptive interference by government at no overall increase in cost. "Responsible Choices" has five objectives: 1. Align Medicare and Medicaid costs with revenues while expanding choices by offering public beneficiaries the same cost-conscious choices now available to private consumers through employers or purchasing groups. Set limits on the per capita growth of Medicare and Medicaid expenditure linked to revenue growth and allow competition and consumer choices to do the rest. 2. Make the tax benefits of health insurance coverage equitable, while increasing consumer awareness of cost and quality through a value-based tax credit for health insurance. 3. Give individuals and the employees of small firms, regardless of their health status, the same opportunity to purchase reasonably priced health insurance as large group purchasers. Insurance reforms mean all purchasers, including the self-insured, and sellers of health insurance should be subject to the same marketplace rules. 4. Ensure that consumers know what the various health plans offer in terms of benefits, satisfaction, access, and health outcomes. JHG Responsible Choices: Draft, February 9, 1995 4 5. Set timely realistic targets and measure results as reform proceeds. Manipulating a trillion-dollar enterprise may require a change in course if cost containment, health outcomes, consumer satisfaction, and access to health care do not improve as predicted. BRINGING MEDICARE INTO THE 1990s Graham Rich, MD, MBA As the largest purchaser of health care in the U.S., the federal government is responsible for the continual growth in Medicare cost by maintaining a dysfunctional payment methodology and by failing to encourage intensive price competition and cost- consciousness. Like any other purchaser, it needs to adopt some aggressive buying policies so that all taxpayers, including seniors, can benefit from better quality and efficiency through competition among health plans and a cost-contained traditional Medicare program. Even with the present defective system for encouraging enrollment in managed care, the number of seniors choosing this option is predicted to increase from 2.2 million at the end of 1994 to 2.5 million at the end of 1995. To enable new seniors to stay in managed care and to provide more choice for current beneficiaries, we need a better Medicare payment methodology, better access to comparative information, and the option of participating in any available health plan. Only then can seniors make responsible choices. Why Update the Medicare Program? The federal government's share of total U.S. health care costs was 28 percent in 1990, and 32 percent in 1993. Medicare expenditures were $160 billion, or 2.4 percent of gross domestic product (GDP), in 1994 and are projected to grow to $460 billion, or four percent of GDP, by 2005. Meanwhile, private sector HMO premiums, driven down by JHG Responsible Choices: Draft, February 9, 1995 5 employer purchasers, are projected to decline, on average, 1.2 percent in 1995.' For example, the California Public Employees Retirement System achieved reductions in premiums of 0.5 percent in 1994, 1.1 percent in 1995 and two percent for 1996. Medicare's traditional insurance structure has a negative impact on the rest of the health care market because: Cuts in reimbursement cause cost shifting and drive up the cost of care for others. Hospitals suffer unpredictable changes in DRG rates. Physicians try to maintain income by increasing volume. Medigap policies that drive up use by covering first dollars become more attractive when consumer deductibles are increased in an effort to reduce program utilization. Low reimbursement rates make it difficult for seniors in some markets to find primary care physicians who are willing to accept new Medicare patients. The system rewards doctor's office visits and hospital stays instead of improvements in health. Medicare cost problems will only get worse under the current system as managed care health plans, using resources efficiently, force nonparticipating physicians (particularly specialists) to depend on Medicare to earn a living. This will exacerbate regional variations in Medicare costs that have no corresponding premium differences in private sector managed care. For example, in 1995, the Medicare capitation rate is $467 in San Francisco and $559 in Los Angeles while the premium for a non-Medicare, non-Medicaid Kaiser plan is the same for both northern and southern California. Parallels with the Private Sector When unsustainable expenditures on health benefits threatened competitiveness, enlightened employers made the transition from traditional health insurance to offering a choice of managed care plans. As a result, they have seen a consistent increase in managed care enrollment with a corresponding reduction in costs. The government could 1 Group Health Association of America (GHAA ), 1994 HMO Performance Report. JHG Responsible Choices: Draft, February 9, 1995 6 experience the same savings by making consumers more cost-conscious, ensuring that plans compete on the basis of price and quality, and actively promoting managed care options. How Do We Get There? The ultimate aim should be to reduce the rate of growth in Medicare costs due to mismanagement of the program. This proposal attempts to hold Medicare entitlements to the current percentage of GDP, adjusted for the increasing age and number of beneficiaries. It does not reduce the scope of benefits or deprive beneficiaries of access to well managed health care. It relies on price competition among health plans coupled with a government contribution limited to the GDP target. The proposal also requires health plans to offer a more appropriate set of benefits than the traditional Medicare program (the federal standard HMO package with a prescription drug benefit) so that Medigap insurance is unnecessary for seniors who join health plans. Seniors should be able to choose a health plan with comprehensive benefits while reducing or eliminating the need for supplemental insurance, deductibles, and copayments. A voucher ultimately set at the price of the lowest cost plan in the market area will give seniors access to a full range of plans.² The option to stay with traditional indemnity Medicare would still be available. Promoting Consumer Cost-Consciousness The money for Medicare vouchers should be appropriated each year, rather than mandated as part of the federal budget. The voucher for Medicare health plans should be initially limited to the amount the government is prepared to spend on traditional Medicare and should ultimately be based on the lowest priced, high quality plan within each market area when the market price falls below the government's adjusted GDP target payment. Seniors who choose a more expensive plan would be responsible for making up the cost difference, be it traditional Medicare or a health plan. To ensure full choice, all 2 Competitive bidding to set the government contribution has been recommended by Bryan Dowd et al., in "Issues Regarding Health Plan Payments Under Medicare and Recommendations for Reform": The Milbank Quarterly, vol. 70, no. 3, 1992, 423. JHG Responsible Choices: Draft, February 9, 1995 7 plans should participate in a coordinated annual open enrollment. In some areas, especially rural ones, traditional Medicare may be the lowest cost or sole option. Ensuring Plan Competition on the Basis of Price and Quality To enable comparison, the Health Care Financing Administration (HCFA), or its designee, should provide information, including quality and price comparisons of traditional Medicare and health plans, by market area on all available plans. Health plans should price and offer a standard benefits package while HCFA does the same for its own traditional Medicare product. Seniors should be given comparative information on out-of -pocket costs for care of common conditions, consumer satisfaction data, etc. Responsible marketing should be encouraged to ensure that seniors understand the options. Intermediate Steps To facilitate the transition to managed care, incremental change in the government's contributions to health plans is suggested. Initially, the value of the government voucher for health plans would be the same as that for traditional Medicare. Where more than 20 percent of seniors are enrolled in managed care, the government's contribution in the next year should be based on average health plan prices (excluding traditional Medicare). In the following year, the contribution for traditional Medicare and health plans should be set at the price of the lowest priced, high quality plan. Stage 1: Fiscal Year 1996 The Secretary of Health and Human Services should establish market areas to calculate the value of the Medicare voucher, as counties are too small for stable prices. The value of the voucher should be capped at the current level of payment adjusted for GDP growth and age of beneficiaries within each market area. Legislation should allow health plans that cost less than the voucher to provide additional benefits or to give consumers rebates. A health plan that costs more than the voucher value should charge seniors the difference. HCFA should simplify its approval requirements so that it is less costly for new health plans to enter the Medicare market. JHG Responsible Choices: Draft, February 9, 1995 8 Stage 2: Fiscal Year 1997 HCFA, or designee, should establish and coordinate an annual open enrollment period to ensure that each individual can choose among all available plans. Voucher payments should be risk adjusted to allow for the extra risks involved in enrolling individuals with chronic diseases. All participating health plans should be required to offer at least the new standard benefits package. Stage 3: Fiscal Year 2002 If the prices of competitive health plans in the Medicare market consistently exceed the value of the government's voucher, and if traditional Medicare cannot be controlled, the policy should be reexamined with a possible reduction in the scope of benefits, means testing, new controls on volume of services, etc. The cap on the government's voucher should move progressively from the market area to the national level within five years to smooth out price differences among areas. If employers do not encourage retirees to make a cost-conscious choice of Medicare health plan by giving them a defined contribution, then legislative reform of retiree benefits may be required. The federal government should consider relinquishing its responsibility for providing indemnity insurance by asking private indemnity plans to take over this function, as long as there is no restriction on access to providers. Benefits of Medicare Reform The phased introduction of premium competition, starting with areas of high managed care enrollments and where Medicare costs have tended to be high, ensures competition and early savings. Over time, there should be a reduction in regional Medicare price and utilization variations. Prices in today's populous high cost areas should come down first, while utilization and prices may go up in those areas (mainly rural) where seniors seem to be underserved. Allowing seniors to make the same responsible choices as the rest of the population will provide greater incentive for plans to improve their cost-effectiveness while maintaining or improving quality. Seniors and the health system as a whole will benefit from an expansion of choice and an end to the cycle of cost shifting. 9 JHG Responsible Choices: Draft, February 9, 1995 ENCOURAGING STATE SOLUTIONS FOR ACUTE MEDICAID Graham Rich, MD, MBA The dramatic increase in, and unpredictability of, costs in Medicaid programs is a persistent challenge to state governments. The nation spent $82 billion, or 1.2 percent of GDP, on Medicaid in 1994; expenditure is projected to increase to $234 billion, or two percent of GDP, in 2005. States should use the same methods as successful private purchasers of health care to encourage choice and effective price competition for the acute care portion of Medicaid. States are already ahead of Medicare in adopting price competition but have been impeded by the federal waiver process and the lack of health plan availability. Accelerating the Use of Competitive Managed Care for Acute Medicaid States that received section 1115 waivers from HCFA have introduced innovations tailored to local needs and preferences. These changes brought variations in eligibility based on income, categorical requirements, new services, and a choice of managed care plans. In an effort to protect the Medicaid population from what it views as ill-conceived or hasty reform, HCFA developed detailed criteria for approval and set goals for implementation. Because criteria and goals can vary from case to case, the approval process may take several weeks, meanwhile state dollars support inefficient and ineffective financing mechanisms. To stop such waste, the 104th Congress should grant states the authority to make the transition to managed care for Medicaid while the federal government focuses on restructuring the Medicare program. The Federal Contribution The federal government should give states block grants for the acute Medicaid program based on the number of eligible residents. To facilitate state management of the program, the federal government should specify the rate of growth in the federal capitation rate. If the current GDP growth rate and inflation remain the same, this could be set at 6.5 percent per year in 1996, six percent in 1997, and five percent in 1998. The only JHG Responsible Choices: Draft, February 9, 1995 10 circumstance that would necessitate a reconsideration of these ground rules would be for a drastic change in the number of people eligible for Medicaid. Minimizing Federal Reporting Allowing states to define their own solutions puts at risk the comparison of quality, cost, and coverage information essential to enhance consumer choice and aid policy-making at the state and national levels. The problem can be overcome if states follow the example of other purchasers by requiring standardized reporting by health plans (see A Health Accountability System, page 27, and Health System Information, page 32). INCREASING COST-CONSCIOUSNESS: REFORMING THE TAX TREATMENT OF HEALTH INSURANCE Alain Enthoven, PhD and Sara Singer, MBA The fact that employer-paid health benefits are tax-free without limit has been a significant factor in the continuous escalation of health care costs. The tax break is expected to cost the government $90 billion in 1995. This break disproportionately favors people with above average incomes over lower income people who need a more powerful incentive to buy coverage. The need to motivate responsible, price-sensitive choice of health plan and limit revenue loss to the federal government underlines the advantages of abolishing the tax break and replacing it with a refundable tax credit for individuals purchasing health coverage. This would correct the government-created lack of cost-consciousness by encouraging employer contribution policies that force consumers to be more responsive to the full premium price, thereby promoting competition among health plans. To derive maximum benefit from a tax credit, a choice of plans is necessary. Additionally, it may be appropriate to encourage employers to make their contributions in fixed dollar amounts 11 JHG Responsible Choices: Draft, February 9, 1995 that do not vary with choice of plan to ensure that all employees make cost-conscious decisions. A limit on employer contributions that are tax-free to the employee (a tax cap) is another alternative and would require the application of rules similar to those for the tax credit. However, a fixed tax credit has distinct advantages over a tax cap, including: It means portability for individuals, breaking the link between employment and health coverage. Both high and low income people would receive the same credit, though the credit could be structured to give low-income more. It can be readily characterized as giving something to people, as opposed to a tax cap, which is perceived as taking something away. Tax Credit Structure A tax credit could be structured as follows3: In 1994, the average family received $4346 in employer-paid health insurance, which allowed them to avoid $1130 in income taxes (i.e., they received a 26 percent premium subsidy).4 With a tax credit, the average family could still receive up to $1130 in credit on their income tax; which would allow them to purchase or receive up to $4346 in coverage without paying any more in taxes than they do now. If a family purchased or received coverage exceeding $4346, the difference would be treated as taxable income. The tax credit could be adjusted in future years for inflation or other factors. Individuals would claim the tax credit when filing a tax return. Low-income individuals, who do not file a tax return, would claim the tax credit for health benefits when applying for other assistance programs. 3 For a discussion of tax cap design, see "Managed Competition H," March 1994 or Alain C. Enthoven, "A New Proposal to Reform the Tax Treatment of Health Insurance." 4 The Tax Treatment of Employment-Based Health Insurance," Congressional Budget Office. March 1994. 12 JHG Responsible Choices: Draft, February 9, 1995 Variation of Tax Credit In a more complex version, the percentage of premium that a family could claim as a tax credit could be varied with income. The lower the income level, the higher the percentage of the health insurance premium that could be claimed as a tax credit. This solution has problems of complexity, financing, and work disincentives for those at the poverty level, as well as political problems associated with a tax increase. Additionally, the tax credit amount could be adjusted for regional factor price differences, although the added complexity would not be desirable or economically feasible.⁵ It would also be necessary to define rating classes (e.g., individual, couple, single parent with child(ren), and couple with child(ren)) and age categories to calculate the credit. Otherwise, a single credit would be too high for some (healthy young individuals) and too low for others (the elderly and families). Alternatively, by not adjusting the tax credit for age, the generous tax treatment would encourage more healthy young individuals and families to purchase insurance. A Tax Credit Linked to Group Purchasing The employment-linked tax exclusion is an important part of the glue that holds insurance purchasing groups together as risk pools. Converting to a tax credit direct to individuals would weaken the glue and threaten the employment-based group purchasing system because good risks will seek better rates elsewhere and pooling will be destroyed. A market based on underwriting at the individual level would perpetuate many or all of today's pathologies for small employers and individuals. The unraveling of the successful employment-based market could lead to a political backlash and a single-payer system. 5 Adjusting the tax credit for factor price differences would fairly compensate individuals and families residing in high cost areas. While it would be possible to adjust the tax credit for medical cost variations, this would not be prudent as it would reward areas with inefficient utilization of health care resources and costly excess capacity. It would also be possible not to adjust the tax credit. This would be the simplest approach and would resemble the construction of the recently proposed education deduction. However, a flat tax credit may be too generous in some areas and not generous enough in others. JHG Responsible Choices: Draft, February 9, 1995 13 The tax credit can be structured so as not to dismantle the group purchasing based system. Standards governing the use of a credit would be necessary. For example: If your employer offers coverage, the credit should be available only if you buy insurance through your employer. Employers might be mandated to offer, but not necessarily pay for, several coverage options and could do this by contracting with a voluntary, certified purchasing group. If you are self-employed, non-employed, or employed by an employer that does not offer health care coverage, you should be able to use the credit only through a voluntary, certified purchasing group that would agree to take all comers and abide by the rules established for the rest of the insurance market. If an employer drops coverage, it should be required to offer, but not necessarily pay for, coverage through a purchasing group to provide for its employees. This approach would encourage the formation of voluntary, certified groups for those left out of the employment-based system and ensure the formation of alternative purchasing groups before allowing the dismantling of employment-based purchasing. Stage 1: A Tax Credit for the Individual Market in 1995 Since there is mounting urgency to reinstate the 25 percent tax deduction for the self- employed, this opportunity should be used to shift from tax exemption to a tax credit for this group. Tax policy changes should start with a tax credit program for the self-employed, non-employed, and employed whose employers do not offer coverage to go into effect in 1995. After three years, the tax credit should be restricted to coverage purchased through a purchasing group. This is attractive for the following reasons: A tax credit would give this group a greater tax subsidy than they received under the limited tax deduction. A tax credit would give these people tax-free health benefits while making them price-sensitive. It would eliminate the tax code inequities that the self-employed currently face, without expanding the cost-increasing incentives created by the present tax treatment of health benefits for employed persons. 14 JHG Responsible Choices: Draft, February 9, 1995 Anyone who does not currently receive employment-based health care benefits would benefit from the tax credit without threatening employment-based health care purchasing. By tying the tax credit to group purchasing three years after enactment of the tax credit, the formation of purchasing groups would be encouraged without penalizing people who do not have access to group purchasing in the interim. Stage 2: A Tax Credit for Employer-Based and Group Purchased Coverage in 1998 After successfully implementing a tax credit for individuals, employer-based tax deductions of health benefits should be replaced by a tax credit in 1998 with provisions to avoid unraveling employment-based health care purchasing. This should be done at the same time the tax credit becomes linked to group purchasing-three years after enactment of the tax credit for the individual market-to ensure adequate access to group purchasing arrangements. Target Goals: Tax credit in place for the individual and employer-purchasing markets by 1998. At least 75 percent of people claiming the tax credit by the year 2000. If not 75 percent, the policy regarding tax credit eligibility should be reviewed. MEDICAL SAVINGS ACCOUNTS Alain Enthoven, PhD and Sara Singer, MBA The Jackson Hole Group is concerned that Medical Savings Account (MSA) theories, in the forms currently advocated, would undermine the market forces already under way in the health system and would increase tax revenue losses. MSA proposals would allow employers and individuals to contribute to savings accounts (tax sheltered or not) in conjunction with a health insurance policy that has a high annual deductible, such as $3000, referred to as a "catastrophic" policy. Since consumers would have to pay the full 15 JHG Responsible Choices: Draft, February 9, 1995 cost of their health care up to the amount of the deductible, this would make them health and cost conscious. In theory, MSAs seem to encourage saving for retirement or other purposes rather than spending money on costly medical care; however, in practice, they would destroy the ability of insurance to spread risks and would jeopardize health plans' ability to compete on cost and quality. It is difficult to make a proper assessment of the impact of different MSA proposals because of their variability. For example, if MSAs were tax deductible, this would create an enormous incentive to purchase a particular type of health insurance and could increase the federal deficit. As a consequence, the Jackson Hole Group is eager to analyze each specific MSA proposal to assess its impact. All of the proposals assume that the health care cost problem is fully attributable to factors that the individual can control and fail to acknowledge that the chronically ill would lose out as the healthy opted to leave risk pools. MSAs Combined With Catastrophic Coverage Could Damage the Market With catastrophic policies, people are cost-conscious only until they know their deductible will be reached, after which the cost of more care to them is zero. Since about 70 percent of national health care expenditures are spent on only 10 percent of the population, MSAs with catastrophic policies do not promote cost-consciousness where the majority of expenditures occur. High deductibles only marginally provide financial incentives to encourage healthy lifestyles and to decrease expenditure on inappropriate medical care. If increasing deductibles had achieved this goal with an indemnity system, then the development of managed care would have been unnecessary. High deductibles discourage people from seeking preventive and primary care since they must pay for these services out of pocket. Delays in seeking care for serious illness increase costs for everyone. MSAs will disrupt the market by favoring catastrophic policies over other forms of health coverage. According to an example used by the American Academy of Actuaries, if a family pays $5000 for a typical indemnity plan, it could purchase the same policy with a $3000 16 JHG Responsible Choices: Draft, February 9, 1995 deductible for about $3,200. The $1800 savings is not enough to cover the $3000 MSA that would need to be paid by someone, either the employer, employee, or the government. If the MSA is tax excludable, it would increase tax losses by $1200 per family. Anyone who is healthy and wealthy enough to afford the deductible will prefer the MSA, especially if there is favorable tax treatment.⁶ This discriminates against the sick, the high risk, and the poor, who will be left in low deductible plans and health plans whose costs will increase as the healthiest people opt out. Experience in the FEHBP program showed that people with the worst risks chose the Blue Cross/Blue Shield low deductible option, while good risks selected the high deductible option. Even if MSAs could be redesigned to encourage healthy lifestyles and preventive care while limiting revenue loss to the federal government, people with cancer, diabetes, heart disease, and other chronic illnesses would face increasingly higher premiums, as the healthy, good risks opt for tax- favored MSAs with catastrophic coverage. Even a sophisticated risk adjustment mechanism would not be able compensate health plans for this degree of adverse selection. However, it is hard to predict the impact of any MSA proposal, as they are all based on theory. INSURANCE REFORMS AND GROUP PURCHASING Jay Carruthers and Ellen Wilson The rising costs of health care over the last decade have affected the large and small group markets in two very different but instructive ways. Cost pressures on large groups have inspired major innovation, including greater use of managed care, incentives for cost- conscious purchasing, and better information for making choices. The same cost pressures when applied to the small group and individual market have had a deleterious effect. 6 Section 125 plans create the same problem, although mitigated by the fact that users lose unused funds at the end of each year. This has led many to call for the elimination of Section 125 plans. 17 JHG Responsible Choices: Draft, February 9, 1995 Small groups are unable to spread risks, to achieve economies of scale, to benefit from competition, and usually to offer multiple plans. As a result, the small group and individual market is characterized by: High premiums or unavailability of coverage to high-risk individuals. Steep premium increases (especially for individuals or small groups with individuals who get sick): small and mid-sized businesses faced an average increase of 14 percent over the last twelve months. Over the last three years, it totaled about 57 percent.⁷ High administrative costs: a carrier's administrative expense, by one estimate, reaches 40 percent of claims in groups of one to four, compared with less than five percent for groups of more than 10,000.⁸ Segmentation of the market by risk (i.e., health status). An inability to influence the development of the market to better meet the needs of small groups and individuals. If access to, and affordability of, coverage in the small group and individual market is to be improved, the state and federal government must act in concert to implement core uniform standards that foster the development of effective group purchasing. Group purchasing offers a powerful tool for structuring a competitive, well-functioning market. Members are offered a choice of health plans. Competition is driven by side-by-side comparisons of health plans based on value (quality and cost). Risk is spread more broadly; the ability of health plans to discriminate on the basis of health status decreases. Administrative costs are significantly reduced. In addition, health plans avoid the high costs associated with marketing to a multiplicity of small groups. 7 Arthur Andersen, Survey of Small and Mid-Sized Businesses: Trends for 1994." 8 Congressional Research Service, "Private Health Insurance Options for Reform," September 20,1990. 18 JHG Responsible Choices: Draft, February 9, 1995 However, before group purchasers are effectively able to drive the small group and individual market, certain uniform standards need to be applied across the entire health care market. Standards should be set by the federal government, implemented by purchasing groups through private contracts with health plans, and enforced by the states. Despite current efforts to give states more power in developing local policy solutions in areas like welfare, there are several reasons why reforming the health system requires federal standards. First, health care markets do not adhere to state boundaries, making it impossible for states to structure rules that apply consistently across markets. Second, the preponderance of large multi-state employers reinforces the need for a federal framework. Moreover, with the rapid change in the delivery of medical services and the proliferation of varying levels of risk- bearing arrangements, state regulations designed to monitor traditional insurance carriers are outdated. Enforcing uniform federal standards, however, would be a logical extension of the state's traditional role as insurance regulator. It is important to note that federal standards could be spelled out without creating a new federal bureaucracy. State Efforts Forty-five states have recently adopted some form of insurance reforms as a first important step toward improving access to coverage in the small group and individual market. Results, thus far, have been mixed. Some states have had success eliminating the most blatant forms of risk selection using basic reforms like guaranteed issue of all products, guaranteed renewal, portability, and limits on preexisting condition clauses. Nearly twenty states have gone even further by implementing some form of community rating and experimenting with purchasing groups across the small group and individual market. Private sector initiatives, such as the Cleveland Council of Smaller Enterprises (COSE) and Chamber of Commerce purchasing groups, have expanded access to affordable coverage for their small business members, but criticism has been directed at some of these arrangements for leaving the individual market largely untouched, rarely pooling risk, and in some instances, using medical underwriting to exclude the worst risks. JHG Responsible Choices: Draft, February 9, 1995 19 Despite some progress, states that have carefully crafted insurance reforms are finding their efforts undermined by the growth of self-insured plans. As states increase regulation in the small group and individual market to spread risk more broadly and expand coverage to the poor (e.g., premium taxes), the best health risks opt out of the pool and choose to self- insure (or drop coverage entirely, as was the case in New York). These plans, protected under ERISA, do not have to comply with state laws regulating health insurance. If self- insured plans continue to siphon off the best risks from the small group and individual market, a risk spiral within the state-regulated market is inevitable. The problems surrounding ERISA underscore the difficulty in reforming a voluntary health system with the current division of state and federal regulations. In making limited ERISA reforms, policy-makers should avoid engendering 50 different sets of laws regulating health benefits, nor should they permit states to finance expanded access programs by taxing self- insured plans. Doing so would penalize employers already providing coverage to their employees. The Role of the Federal Government A Tax Credit Linked to Group Purchasing: If tax credit eligibility were dependent on purchasing coverage through an appropriate group, as recommended in Increasing Cost- Consciousness: Reforming the Tax Treatment of Health Insurance; page 11, efficient group purchasing efforts on the part of employers would be maintained while providing incentive to create other voluntary certified purchasing groups (defined below). Employees whose employers offered coverage would have to purchase it through them to receive the tax credit. The self-employed, non-employed and employees whose employers do not offer coverage would be required to purchase coverage through a certified purchasing group to receive the tax credit. The individual market would be replaced by purchasing groups that would be able to pool risk sufficiently as people take advantage of the tax credit. Insurance Reforms: The federal tax credit should be part of an incremental reform package that includes basic insurance reforms. By enacting those insurance reforms at the JHG Responsible Choices: Draft, February 9, 1995 20 federal level that have already been implemented in most states-e.g., limited guaranteed issue of all products, guaranteed renewal, portability, limitations of preexisting condition exclusions, and limited rating restrictions (not community rating)- the most blatant forms of risk selection would be eliminated while providing greater uniformity to the system. These reforms are designed to prevent health plans from discriminating on the basis of health status-a widely accepted principle-and should apply to all health plans regardless of risk-bearing arrangements, whether it is a traditional insurance carrier, a health plan, or an ERISA self-funded plan. The cost of overseeing reforms should be borne equally among all parties in the form of a federal premium tax remitted to the states and other entities created to apply standards. The Role of the States: Certifying Voluntary Purchasing Groups and Enforcing Standards The primary responsibility of the states would be to accredit those voluntary purchasing groups that meet the criteria to become Certified Purchasing Groups (CPGs), as well as to enforce compliance with insurance reforms. To receive accreditation and hence enable members to claim a tax credit, a purchasing group would need to adopt certain standards, such as: Accepting all who are eligible and wish to purchase coverage through the group. Offering a choice of health plans. Conducting an annual open enrollment period. Experience rate the group as a whole, with adjustments for age, family status, etc. Risk adjustment within the purchasing group (developing/adopting an actuarially sound methodology would be left to the purchasing group and participating health plans). Surveying members about their experience with their health plans and provide quality related information. Assure insurance reform compliance in contracting with health plans. JHG Responsible Choices: Draft, February 9, 1995 21 Many purchasing groups already perform several of these functions and could easily receive state accreditation as a voluntary CPG.9 With such federal and state provisions, employers, employees, and individuals should react to existing incentives and market forces to maintain and participate in the appropriate purchasing group. Employers who have been efficiently purchasing health care-primarily large employers who have been major forces of progress and innovation in health care purchasing-will find it in their interest to continue doing so. Employers who are inefficient purchasers, or who have not previously offered coverage, will likely want to offer coverage through a voluntary CPG. Extending access to purchasing groups for all small groups and individuals, in conjunction with the implementation of a standard set of market rules, is a critical step toward structuring an efficient market in which coverage is more accessible and affordable. Target Goals: All fifty states should have at least one voluntary certified purchasing group by 1998-when the tax credit will be given to only those purchasing through the appropriate group. States without a CPG may need to consider offering incentives for their establishment. Everyone in the individual and small group market should have access to group purchasing by the year 2000. 9 When you have individuals choosing among health plans that sell different sets of medical services, there is the threat of risk selection. While insurance reforms and the extension of group purchasing to the small group and individual market attempts to minimize risk selection, in such a complicated and dynamic system the extent to which risk selection will occur is unclear and is something that should be closely monitored. For example, an upper size limit for employer groups has not been placed on CPG eligibility. But if it turns out that predominantly bad risk large groups purchase through CPGs, it may be necessary to impose such a limit. 22 JHG Responsible Choices: Draft, February 9, 1995 BENCHMARK BENEFITS Nancy Ashbach, MD, MBA The Need for Fair Disclosure and Comparability Health plans, consumers, pharmaceutical manufacturers, physicians, legislator, the courts, and others have struggled in the past with benefit plan offerings. In particular: Consumers have been unclear about the criteria for inclusion of specific benefits in their health plans. This has led to suspicion that managed care plans are motivated to skimp on needed care. Consumers have had difficulty comparing health plan offerings with differing benefits. Physicians and others have been unclear as to the benefit and technology review processes in health plans, leading them to view the process as secretive and unscientific. Health plans have been hampered in their ability to deny coverage for specific interventions clearly and concisely and to support such decisions with cogent reasons. Pharmaceutical and technology manufacturers have suspected that such decisions are based upon cost alone and that their products are not receiving a fair and open hearing by health plan policy-makers. The courts and legislators have received conflicting advice from interest groups. It is for these reasons that a benchmark benefits package is needed. This product should be a voluntary, real, and valid offering of all health plans, but need not and should not be the only offering. Plans can and should be able to offer packages both richer and leaner to respond to the needs of purchasers. Many plans have had lengthy experience with the federal HMO benefits package, and we recommend that until the process for revising and improving upon it is in place, it serve as the initial benchmark package. The process of defining and maintaining the benchmark benefits package should be open, fair, understandable, and for information purposes only. The criteria for additions and deletions should be available and the process should be clear so that coverage decisions JHG Responsible Choices: Draft, February 9, 1995 23 by the health plan would be protected from unreasonable challenge. Physicians, drug manufacturers, consumers, purchasers, health plans, and others who might wish to influence the process of coverage inclusion and exclusion would therefore be able to do so, and the public would be assured of appropriate care being provided and of coverage for expensive therapies not being denied solely because of cost. There should be no opportunity for collusion between health plans for the inclusion or exclusion of benefits. For the purposes of avoiding antitrust law suits, health plans may need to be excluded from the process. In addition to disclosing criteria for coverage, a standard product must be available for price and quality comparison. In the absence of a voluntary benchmark, plans will vary benefits to satisfy the demands of various customers, and comparability to the consumer will remain elusive. By using a benchmark benefits package as a standard product against which the differing needs and requirements of purchasers can be measured, comparability of benefits and price offerings can be determined. Assessing Technology The benchmark benefit package should be that collection of benefits that is most likely to produce health in the population. While the federal HMO benefits package is an excellent starting point, producing health in the population will require ongoing evaluation, revision, and updating of benefits. Technology assessment and cost- effectiveness analysis will be necessary to achieve this objective in a rational way. Currently, such assessments are performed by government, private organizations, and individual health plans. Such efforts are inefficient and duplicative and furthermore do not provide health plans with sufficient justification to offer or deny coverage. In the present environment, such decisions are suspected of being made for cost reasons. As a consequence, benefit decisions are being challenged and made by the courts and legislatures rather than on the basis of sound scientific evidence and efficacy. The absence of an open, clear, fair, and scientific evaluation process is detrimental to all parties. JHG Responsible Choices: Draft, February 9, 1995 24 Technology assessment and evaluation are necessary because: Technology in medicine is in a constant state of flux, with new technology entering the market at a staggering rate. The cost of such technology creates a strong economic requirement for a valid assessment process to determine coverage under a typical benefits package. Much existing technology has not been evaluated for effectiveness. To date we have had no mechanism for doing so, and many interventions in medicine are covered under existing benefits packages as a result of historical precedent. Cost-effectiveness has not been a major element of technology evaluation in the past but will surely become so in the future as group benefits are valued against individual demands. Additionally, individual coverage decisions on the part of health plans often require an independent evaluation and recommendation, which plans could implement on a voluntary basis. Such individual evaluations would be carried out by experts in the appropriate field of medicine and would be free of vested interests to deny coverage based on cost considerations. Independent expert reviews would support removal of coverage decisions from the legal system, where judges and jurors often rule in favor of coverage if there is uncertainty or urgency. An Independent Approach A new, independent organization, the Benchmark Benefits Group (BBG), should be formed to address these needs in the health system. The BBG's proposed functions are outlined in Table 1. It would be private and not for profit, although government collaboration would be possible in key areas, such as technology assessment, clinical trials, Medicare, and Medicaid. Representatives could come from purchasers, consumers, managed care organizations, self-funded employers, academic medical centers, physicians, and the government. Funding for the organization would come primarily from user fees-that is, per capita assessments of the participants and users of the organization's efforts. Special projects funding could come from foundation grants. JHG Responsible Choices: Draft, February 9, 1995 25 Table 1 Functions of the Benchmark Benefits Group Definition, updating, and maintenance of the benchmark benefits package using the criterion of production or maintenance of health. Recommendation of inclusion or exclusion of new technology into the benchmark benefits package based upon technology evaluation done by recognized groups. Recommendations regarding continuation, limitation, or exclusion of existing technology. Cost-effectiveness information and recommendations based upon information from competent entities. Individual disputed coverage decisions in defined situations. For example, an autologous bone marrow transplantation case for breast, ovarian, or cervical cancer denied as experimental by a health plan would be referred to a group of experts entirely outside the plan for scientific review. Since technology assessment is currently done in several different organizations, including many managed care organizations, careful consideration would be given to using existing expertise in the private market. This might mean purchasing technology assessment expertise from organizations such as the Emergency Care Research Institute or the Blue Cross/Blue Shield Technology Evaluation Committee or networking current expertise. A principle of the new organization would be to utilize expertise currently available in the private market in the most effective way without in any way regulating or discouraging the innovation of the private market. A critical element to the success of the BBG will be its independence and autonomy. Many elements of the health care system are characterized by suspicion and doubt as to the methodology regarding coverage decisions in the policy-making and in the individual case. The autonomy of this organization will reassure doctors that an appropriate process exists, with adequate clinical input. It will reassure patients that their interests are being dealt with fairly, and it will reassure new technology providers -e.g., drug and device manufacturers-that a fair process exists, facilitating level playing field competition for all. JHG Responsible Choices: Draft, February 9, 1995 26 Thus, the processes and criteria of the BBG should be open, published, and available for revision as the health care industry develops and matures. Target Goals: 90 percent of health plans offering the benchmark benefits package by 1998. 75 percent of health plans utilizing the technology assessment capabilities of the Benchmark Benefits Group by 1998. Reconsideration of decisions made in individual cases by the Benchmark Benefits Group upheld by courts in 60 percent of cases by 1998. A HEALTH ACCOUNTABILITY SYSTEM Sarah Purdy, MD A New Quality Accountability System for a New Health Care System The expectation that consumers would be able to choose among competing health plans, on the basis of comparable quality and cost information, has not been realized. This failure is partly due to information about the quality of health care being not as easily available, understood, or compared, as information about costs. Consumers have been inhibited from assuming responsibility for their own health care choices by inadequate information that does not facilitate side-by-side comparison of health plans or encourage participation in decisions about health care and treatment. To evaluate the impact of health care on the population it is necessary to measure the result, or outcome, of the interaction between individuals and health plans-to hold health plans accountable. At present there is a health care quality measurement industry that uses different definitions of quality and differing methodologies to measure quality. We propose a new health accountability system which would not rely solely on these traditional systems of quality assurance which fail to disclose health outcomes or assure consumers of receiving 27 JHG Responsible Choices: Draft, February 9, 1995 excellent care by choosing a specific plan. The principles and assumptions upon which the new health accountability system is based are: Comparable, reliable, valid quality accountability data must be available to consumers. A move toward outcome based accountability data is feasible. Purchasers, consumers, and providers may have different information needs. Quality improvement activities should result from internal use of quality data. A clear distinction should be made between defining measurement and disclosure requirements and verifying that requirements are observed. Organizations that define data disclosure requirements, and those that audit data, should be independent of each other, with neither being subject to undue influence by the provider or insurance communities. Providers, health plans, and researchers create the capability for choices to be made on cost and quality, but group purchasers and individual consumers should have input on the requirements of the system. The same data on quality should be demanded by, and be available to, both private and public sector purchasers. Uniform data disclosure requirements could lead to the formation of regional and national data bases, which would inform providers, purchasers, and policy-makers. These principles raise several potentially controversial issues. First, the intention of the system is to compare health plans, not individual providers. Second, there is debate on how to compare the results of care provided by different health plans when the health and demographic characteristics of the populations they serve are not comparable. This issue of severity adjustment, or case mix, requires continuing refinement. Third, the system would require health plans to collect additional information about quality and use some form of standardized record keeping. By cooperating with this, plans would potentially be putting themselves in a position of being unfavorably compared with competitors. Finally, the degree to which consumers want and understand information about quality of health care is still uncertain. However, those whose lives are impacted by health care-patients JHG Responsible Choices: Draft, February 9, 1995 28 and those who represent their interests-must have the dominant input into the quality accountability system. The health accountability system would also require group purchasers, whether public or private, to provide valid, comparable information to consumers. To achieve this, and avoid further increase in the number of data sets requested by purchasers, collaboration is needed within the health industry. What Would a Health Accountability System Look Like? Table 2 outlines the proposed system, which suggests collaborative efforts to address two areas: the research, design, and evaluation of health accountability measures, and the selection and endorsement of uniform data disclosure requirements. Accountability Measures Clearinghouse Many groups and individuals have developed considerable expertise in devising and implementing health plan performance measures. Currently, no organization documents all of these efforts and evaluates them, or assists others with questions of methodology or implementation. A collaborative approach would achieve economies of scale, resulting in more funding for such projects, greater availability of information, and a reduction in the duplication of effort. It is proposed that an organization be formed that serves two main functions: To act as a clearinghouse for the collation and exchange of information about quality accountability measures and methodology. To call attention to the need for research, development, and continual evaluation and improvement of performance measures. The clearinghouse is not meant to engage in research. It should be a private/public partnership, perhaps set up to collaborate with an existing organization, such as the Agency for Health Care Policy and Research (AHCPR) or a research institution, such as a JHC Responsible Choices: Draft, February 9, 1995 29 university. Funding would come from foundation grants, government agencies, and per capita contributions from the industry. Table 2 Elements of a Health Accountability System 1. Accountability Measures Clearinghouse Clearinghouse function, to collate and disseminate information about measures, methodology, and previous experience. Identify areas that need further research. 2. Health Accountability Foundation Select and endorse uniform data disclosure requirements. Purchaser and consumer dominated board, permanent executive staff, input from other players. 3. Auditing of Health Plan Data Disclosure Verification that data has been collected, analyzed, and interpreted in a reliable and valid manner. 4. Selection of Health Plans by Group Purchasers and Consumers On the basis of uniform, comparable data disclosed by plans. 5. Quality Improvement Assist health plans to be proactive in the improvement of quality, and to respond to the results of the measurement process. Health Accountability Foundation A Health Accountability Foundation (HAF) should be established as an independent collaborative body between the private and public sectors. Its responsibilities would include setting quality accountability goals and selecting and endorsing uniform measures of health plan accountability. These measures and the agreed methodology by which they are collected would then form the core of all health plan reporting activity. Care must be taken to ensure that standardization does not quash innovation, and that evolution of the core measures is assured as information capabilities improve. It is important to consider the clinical implications for plans and providers, and to build incentives and feedback mechanisms for quality improvement activities to result from the internal use of quality data. Standard setting should not be isolated from implementation. The experience of the 30 JHG Responsible Choices: Draft, February 9, 1995 health plans and the accrediting bodies will be vital to ensuring a link between the foundation and clinical practice. It is envisaged that the HAF would have a permanent staff of scientists, who would systematically consult with outside experts. They would present recommendations to the foundation's board, whose majority would be represented by purchasers and consumers from the private and public sectors. A mechanism needs to be devised, by which health plans, providers, researchers, the pharmaceutical and technology industry, and the health care quality organizations would have input. The closest existing model for the HAF is the Financial Accounting Standards Board (FASB). The recommendations endorsed by the HAF should be scientifically justified and subject to scrutiny at public hearings. It is important to link health plans into the system, in order to ensure that the data requirements specified by the board inform quality improvement and the furthering of medical knowledge, and are fair and feasible. Data that is valuable to providers is more likely to be included in medical records and incorporated in computerized medical information systems. Funding of the HAF should preserve its independent status. Funding should be assured, but not dominated by health plans. A possible mechanism would be an annual subscription, and an assessment on the health plan premiums of those plans that choose to participate. The two private sector initiatives proposed in "Responsible Choices" are the Benchmark Benefits Group and the Health Accountability System. These two functions could work synergistically under a private umbrella organization sponsored by a broad range of participants and involved parties and funded by user fees. Completing the System The other criteria for the proposed system can be satisfied by well-established mechanisms already in place. Because organizations like the National Committee for Quality 31 JHG Responsible Choices: Draft, February 9, 1995 Assurance and the Joint Commission on Accreditation of Healthcare Organizations have considerable experience in accrediting plans and providers, they could play a major role in auditing the process and facilitating quality improvement activities. The organizations that focus on internal quality improvement, such as the Institute for Healthcare Improvement, would be an obvious medium for the quality improvement role. Continuing education of physicians and other health plan staff members is important to each stage of the process. There will be considerable overlap between the components, and continuous feedback to the clearinghouse and HAF functions will be necessary. Target Goals: Comparable information about the quality of care provided by health plans should be available to 100 percent of consumers purchasing through groups by 1998. Preliminary health plan data on condition specific outcomes by 1998. HEALTH SYSTEM INFORMATION Robyn Lunsford, MSE, Nancy Ashbach, MD, MBA and Sarah Purdy, MD Why Is Coordinated Health Data Needed? Making responsible choices will require that better information be available on who is insured, what it costs, and whether better health is the result. As the system changes, data must be collected faster and from different sources: per capita expenditures by health plans, for example, are becoming more valuable than the numbers of physician visits and hospital days. Attempts at federal health care reform last year showed that the data available was not sufficiently timely or accurate. In fact, inadequate data on consumers' responses to price competition tilted some proposals toward price controls. Congressional Budget Office estimates of the cost of various bills were hampered by their inability to evaluate the effects of undocumented improvements that were under way and differences in inflation rates from community to community. In order for policy-makers to address the problems of attaining universal coverage while containing the cost of health JHG Responsible Choices: Draft, February 9, 1995 32 care, they must have data about the numbers and characteristics of the insured and uninsured and the cost of different delivery systems. Though multiple sources of health care data are available, one of the major obstacles is how to access, analyze, and compare this disparate information. Why Are the Current Data Inadequate? Multiple data sets are not comparable or accessible from one source: For example, information about coverage and utilization of services is collected in the annual National Health Interview Survey (NHIS), but it does not provide information about household income or costs. Data regarding costs and coverage is not timely: e.g., the information from the NHIS takes twelve months to process. The National Medical Expenditures Survey is completed only once every ten years. The validity and accuracy of some sources of health data has been questioned; e.g., the medical care component of the consumer price index (CPI) does not measure costs borne by third-party payers, hence it reflects price to the consumer, not true overall cost. Data are not available in useful formats: e.g., it would be very helpful to have data sorted by state to deal with issues such as Medicaid reform. ited with the existing data sets and with setting up an alternative dged by federal agencies¹⁰ and at the state level. We have set out some basic principles for the development of a coordinated system in the following sections. What Should Be Collected? Data will be required in four basic areas in the health system: 1. Cost-What is the per capita cost of health care, to third-party payers and to the individual? 10 Physician Payment Review Commission, Annual Report, 1994. 33 JHG Responsible Choices: Draft, February 9, 1995 2. Coverage-Who is and is not covered by the health insurance system? 3. Vital Health Statistics-Morbidity, mortality, reportable diseases. 4. Quality-What are the measures of quality of services provided? Quality of services (health status, outcomes, and consumer satisfaction) was covered in: A Health Accountability System; page 27). This section focuses on the data needs of cost, coverage, and vital statistics. The process of collection should be guided by some basic principles: Confidentiality of records and privacy rights of individuals must be preserved. Use a unique, encrypted identifier. Data must be exchanged electronically, either directly or indirectly. Data must represent the minimum required to serve the basic needs of the health system. The information needs of the health system will change as the payment system changes. Data collection must be timely. The aim of the uniform data system should be to reduce administrative cost in the health care system. Determination of which data elements are collected should be driven by a clear mission-to improve the health of the population. Data should be collected at the state level, and then aggregated nationally. Cost: Information is needed on per capita costs for all covered individuals in the health care system. The purpose of information at this level is to determine the per member costs of health care-those borne by the health plan and those borne by the individual. It will be necessary during a period of transition to reconcile the methodology of data collection between capitated systems and fee-for-service systems. It will be the responsibility of a federal entity (see page 35) to define appropriate standards to integrate information from the two payment systems. JHG Responsible Choices: Draft, February 9, 1995 34 Coverage: Information will be required from health plans and self-insured groups with respect to numbers of enrollees (including dependents) and member demographics. Timely information on enrollment and disenrollment will be needed. Statewide information will be required both on the insured population, which should be available through health plans, and on the uninsured population. Data on the characteristics of both groups, such as employment or lack thereof, income, and demographics, should be collected. The basic questions to be answered in this context are: "Who is covered?" "Is their coverage adequate?" and "Who is not covered and why?" Vital Statistics: The new health data system should continue to collect information on morbidity, mortality, reportable diseases, births, and other issues, possibly including immunizations. Such information should be collected in a standardized way and integrated with information collected by providers and health plans for purposes of comparability and to reduce administrative costs in the health care system. How Can the Goal Be Accomplished? We propose the creation of a federal entity to collect uniform, timely, accurate health system cost and coverage data. Although some may oppose either a new federal entity or a uniform approach, we believe that the availability of such data is a goal that justifies a federal presence. Private industry collaboration alone will be neither comprehensive nor rapid enough. An apolitical Bureau of Health Statistics, analogous to the Bureau of Labor Statistics, should be established by Congress and report to Congress on progress toward the goal. It should be separate from all purchasers, including Medicare. The Bureau would be advised by a Health Data Commission, to be composed of a broad group of members with expertise in information systems, health care financing, health economics, and other scientific and technical fields. We propose that the Bureau of Health Statistics take responsibility for reporting on cost, coverage, and vital statistics. Information on quality reporting will fall within the purview of the Health Accountability Foundation. The creation of the Bureau of Health Statistics and the Health Data Commission will JHG Responsible Choices: Draft, February 9, 1995 35 require federal legislation and reporting of the chosen data elements by all parts of the health care delivery system as well as by states. Target Goals: Health data system should be functioning by the end of 1996. Data on costs of health services should be available quarterly. Data on coverage should be available annually, and within the first three months of the following year. CONCLUSION "Responsible Choices" recognizes that the health care market is moving rapidly toward reform and offers proposals to foster this restructuring. Private purchasers are driving the market and causing health plans to compete on price and quality. However, not all purchasers are exerting this force on the market. As the largest purchaser of health care in the U.S., the federal government has tremendous potential to drive improvement in the market which it has not yet exercised. Small groups and individuals have limited access to group purchasing arrangements that pool risk, provide choice, and achieve administrative savings that would enable them to be active, value purchasers of health care. This demonstrates that market mechanisms alone are not solving all of the problems. "Responsible Choices" depends on the willingness of government and the private sector to work together to improve the American health system. Federal involvement is necessary to bring public programs into line with the private sector, increase consumer cost- consciousness, establish a fair market, promote group purchasing that offers the small group and individual market access to reasonably priced health coverage, and provide information. "Responsible Choices" recommends a tax credit as the means for bringing structure to the market. Without the tax credit device, bringing order to the health care market will be much more complicated and require considerable regulation. JHG Responsible Choices: Draft, February 9, 1995 36 For its part, the private sector must be willing to be more accountable. Benchmark benefits and quality reporting are the first steps that the private sector should take to voluntarily hold itself accountable. Implementing these policies would bring comparability to the market and provide information enabling consumers to make informed decisions and drive competition. If the private sector cannot follow through, it may be necessary to link these proposals to the tax credit by requiring health plans to price and offer the benchmark benefits package and report on quality in order to receive tax credit eligibility for their plan. "Responsible Choices" does not address the issue of achieving universal coverage but recognizes that other primary problems must be solved first, such as building a better marketplace so consumers and purchasers can make informed decisions. Other important issues, such as malpractice and antitrust, are not taken up directly since they are being actively addressed by others and dealt with in the market. These proposals are the necessary incremental steps forward in containing costs and fostering effective public and private purchasing. With these reforms in place, there will be more data and the capability to effectively and efficiently deal with those left out of the system. The elements of this proposal can be put in place rapidly and will accelerate the reforms already taking place in the market. We welcome, and encourage any comments you have on this draft document. If you have comments, questions or need any further information please call, fax or write: Jackson Hole Group P.O. Box 350 Teton Village, Wyoming 83025 Phone: 307-733-8781 Fax: 307-739-9312 JHC Responsible Choices: Draft, February 9, 1995 37 PUBLIC AFFAIRS E minded, top-down, centralized approach at a time when the world was moving to- A Triumph ward decentralization and flexibility- and when the supposed health crisis was solving itself anyway. The more people of Misinformation learned about this plan. the less they liked it, and it finally died a natural and well- deserved death. Or so goes the conventional wisdom. Most of what everyone "knows" as relayed in countless newspaper and about the demise of health-care reform is probably magazine postmortems of the health-care wrong-and, more important, so are the struggle. The critiques were usually ac- companied by veiled jabs at Hillary Clin- vague impressions people have of what was really ton-what will she do with her time now in the Clinton plan that health care's gone?-and outright ridicule of Magaziner, who was por- trayed as the smartest person with the B Y the time the Clinton health-care- 1993. The scheme was fatally overcom- dumbest plan since Robert McNamara reform plan was abandoned, in plicated. The proposed legislation. 1,342 and the Vietnam War. September. everyone knew how pages long, was hard for congressmen But suppose that what everyone knows terrible it was. It had been hatched in se- to read and impossible for anyone except is wrong. This happens all the time in pol- cret by an egghead team that knew a lot the plan's creators, Hillary Rodham Clin- itics. Barely a year ago, for example, about policy details but ton and Ira C. Magazin- everyone in Washington knew that Con- had no grasp of political by James Fallows er, to understand. gress was absolutely certain to pass a reality. The Administra- The Clinton plan would health-care program by now. The leaders tion had wasted time and missed deadline have imposed sweeping changes on one of the Administration's health-care-re- after deadline for presenting the plan to seventh of the national economy, with form effort. Hillary Clinton and Magazin- Congress. causing the plan to miss its consequences far greater than Congress er. believe that everyone is wrong again best opportunity for passage-during the could possibly consider before casting a now. I heard them elaborate this view in President's brief honeymoon period. in rushed vote. It represented a regulation- September and October. during a series of 26 Illustrations by Randall Enos JANUARY 1995 "No one understood Nebraska. meant a Canadian-style or ey as they thought best. This limit was the Medicare-style system. Private doctors "budget" in Clinton's reference to "com- this, but the average and hospitals would provide care. but the petition within a budget." government would take over all medical With numerous changes of detail and American patient would payments. financing them with a big new emphasis. the plan that Starr explained in medical tax. All Americans would be cov- his book and that Clinton alluded to in his have had more choice ered. Play-or-pay. supported by many De- campaign became the plan the Clinton- mocrats. required companies either to buy Magaziner task force unveiled in 1993. health insurance for their workers or to under the Clinton plan The most important difference lay in pay into a public fund. which would insure what was meant by "within a budget": workers not covered by their companies. the bill that Clinton presented would than they now will." People who were not working would not have limited total spending not directly, be insured. An approach popular among by fiat. but indirectly, by limiting the Republicans relied on new tax breaks to amount that insurance premiums could long background conversations. "Back- encourage people to buy health insurance rise each year. The process of working ground" means that I agreed to check on their own. Some politicians from both out these details and emphases kept Mag- with them on any material I wanted to parties endorsed a "managed competition" aziner and some 500 task-force members quote directly. The gist of their views, scheme, separate from all these. busy round the clock during the Adminis- however, was on the record. It is no sur- Clinton's reference to "competition tration's first few months. prise that they view the reform plan as within a budget" fit a proposal laid out in something other than an overcomplicated the fall of 1992 by Paul Starr. a Princeton professor, in a short book called The Log- A CCORDING to today's conventional bureaucratic nightmare. The surprise is wisdom, these meetings doomed the how much more convincing their version ic of Health Care Reform. This book reform effort before it really began, for it of reality is than the prevailing one. came closer than any other document to was here that Magaziner and his fellow These conversations began at Maga- anticipating the ultimate shape of the nerds cooked up their unrealistic schemes. ziner's suggestion. He and I were friends Clinton-Magaziner bill. But did the process seem weird, secretive, in graduate school, more than twenty In Starr's plan. which was a variation on and isolated at the time? Yes, but in only years ago, and he was obviously betting a managed-competition scheme. all Amer- one limited and revealing way. that I'd listen to him more sympathetical- icans would be covered-even if they On matters of substance, the task force ly than other reporters would. I am bi- were out of work, even if they had "pre- went out of its way to hear a variety of ased, in that I like and respect Magaziner. existing conditions." The cost of coverage views. Most members of the task force But until these meetings I had had no con- would be paid mainly by companies, were policy or budget officials borrowed tact with him during his time as health which would contribute to the insurance from other parts of the government, but czar, and I have not always agreed with premiums for each of their workers. The the group also included outside scholars his ideas. (His worst achievement: help- government would subsidize coverage for and experts, plus several doctors and nurs- ing bring a no-requirements curriculum those who were unemployed or worked es. There were no representatives of orga- to Brown University, when he was the stu- for small firms. Private insurance compa- nized outside interests-no delegate from dent-body president in 1969.) In this case nies would offer coverage, as they do now. the American Medical Association, no one the facts seem to be on his side. but the government would "manage" the from the Pharmaceutical Manufacturers of Let's consider each count in the con- way they competed for business. Each America-but the task force met frequent- ventional bill of indictment against the company would come up with a list of ly with outside groups and above all with Clinton-Magaziner plan. standard benefits. which it would have to senators, representatives, and their staffs. offer at the same price to all customers. By early May, Congressional Quarterly F IRST count: The plan was hatched in That is. the insurers could not turn down reported, the task force had met with 572 secret. During the 1992 presidential people who were already sick. or charge separate organizations. "We had a couple campaign Bill Clinton talked frequently fifty-five-year-old applicants more than of hundred meetings with the congression- about his interest in health-care reform thirty-year-olds. Each year people could al leadership and individual members," and gave a signal about the reform ap- compare the offers and choose the plan Magaziner says now. "People were saying proach he preferred. In a speech in Sep- they liked best-including a fee-for-ser- that it was the biggest outreach effort ever tember he recommended "competition vice plan that let them go to their family in laying the groundwork for a bill." within a budget." To the health-care cog- doctor. From the customer's point of view, Indeed they were saying so. A Con- noscenti this indicated an approach dif- the system would work like the "open en- gressional Quarterly headline on May 22 ferent from the main Republican and rollment" policy at many corporations, in read. "CLINTON TASK FORCE ALL EARS Democratic proposals of the time. which employees can choose a new health ON THE SUBJECT OF OVERHAUL." The The most familiar Democratic ap- plan each year. The government would set article said, proaches were "single-payer" and "play- an overall limit on the amount of money Most members of Congress give the or-pay." Single-payer. which was en- that could be spent on medical care each president high marks for laying the po- dorsed during the 1992 Democratic year. while giving insurance companies litical groundwork necessary for his primaries by Senator Robert Kerrey, of and health plans latitude to spend the mon- proposal to get the careful considera- 28 JANUARY 1995 tion of both parties. Clinton has lasting reputation among reporters as a publican arguments and how to rebut been playing the health-care issue with man who liked to operate in the dark. them. about the connection between a an eye to keeping everyone at the Hillary Clinton is known within the Ad- health-care bill and a re-election cam- table. at least at the outset. ministration for a combative attitude to- paign in 1996. Week in and week out his In late September of 1993, when Hillary ward the press. But she now says that the memos to Bill and Hillary Clinton con- Clinton appeared before five congression- news blackout on emerging details of the tained head counts of likely Senate and al committees in three days to explain the health bill was a major mistake. House votes-who was leaning, who rationale behind the bill. not a single legis- "Even though we had a process unlike could be pressured and pushed. In his lator complained about "closed" or "secre- any other that has drafted a bill." she told conversations with me Magaziner seemed tive" deliberations: not Robert Dole. not me. "-more open. more inclusive-we to spend half his time sizing up the legis- Robert Packwood. not John Danforth- got labeled as being secretive because lators he had had to deal with: Senator X Republican senators who all later came of our failure to understand that we was in thrall to Bob Dole because of per- out against the bill. Senator John Breaux, should be more available to the press sonal problems, Congressman Y had to of Louisiana. a conservative Democrat along the way. That was something we start out opposing the bill because of do- who supported a competing reform plan, didn't do well We were not aware of nations from Interest Group Z. praised Hillary Clinton for the "truly re- how significant it is to [shape] the inside Two fundamental decisions about the markable" consultations the task force had story in Washington, in order to make the plan had much less to do with policy than carried out. case for whatever your policy is." with judgments of political reality. One So when did the task force become "se- Secrecy toward reporters was stupid. involved handling the single-payer chal- cretive"? Complaints inevitably arose But reporters are now acting as if it were lenge. A Canadian-style single-payer sys- when Magaziner and his assistants stopped something worse: closed-mindedness tem has two big virtues. It is simple to soliciting outside advice and started an- about ideas. administer, since doctors, hospitals, and nouncing decisions. Those who disagreed patients no longer have to worry about felt that they hadn't been listened to. S ECOND count: The plan was politi- dozens of insurance companies with "Some people say they were excluded be- cally naive. Everyone now knows scores of different payment plans. The cause in this case we didn't agree with that the health-care reformers drew up single-payer approach also guarantees them," Hillary Clinton told me. "But I their master plan without taking the that everyone in the country has medical think that a fair assessment is that we lis- slightest interest in what most Americans coverage. But Clinton was dead set against tened to everybody-and then made rec- thought or felt. In reality, though, the plan a single-payer plan. arguing that it would ommendations based on what we thought suffered because the Administration was require sweeping new taxes and would, made the most sense." The larger problem was with the one group that truly was excluded from the deliberations-the Washington press and, by extension, the public in whose interest it is sup- posed to act. During the brusque early weeks of the Clinton Administration. when George Stephan- opoulos was walling re- porters out of the White House press office and the Administration thought it could use talk shows to take its message directly to the public. over the heads of the daily press. Magaziner was told by the White House communica- tions office that he and his associates should not talk to reporters about what ideas they were too attentive to shifting political moods. in effect, abolish the entire medical-in- considering for the new bill. Instead they Even before Inauguration Day, Maga- surance industry. This left the political were supposed to refer all queries to the ziner was churning out memos about the problem of how to deal with the hundred communications office. This didn't stop right way to pitch the plan to editorialists or so members of the House who sup- leaks. of course. but it gave Magaziner a and interest groups. about the likely Re- ported some kind of single-payer plan. THE ATLANTIC MONTHLY 29' Without them. no health bill of Clinton's was to control health-care costs. This ap- convince the middle class that universal could possibly pass. proach won the support of business, coverage meant them. we wouldn't get Congress also contained a large num- since health-insurance costs had for years the political support. If you talked ber of supporters of market-reform and been rising faster than any other business about how they could lose their job, how managed-competition plans. The main expense. (From 1948 to 1990. Paul Starr they are one divorce or one pre-existing advantage of such plans is that they change points out, business spending on health condition away from losing coverage, the incentives of medical practice so that coverage rose by an average of 15.6 per- then perhaps they would-get engaged." doctors. patients. and hospitals are more cent a year.) Through most of 1993, By the end of the struggle this sales ap- conscious of costs when making medical while the plan was being developed and proach made the Administration even decisions. To get a plan passed. Clinton unveiled. major business groups like the more vulnerable to Republican charges had to show that it would reform the med- U.S. Chamber of Commerce and the Na- that it was putting out a bighearted, soft- ical market. tional Association of Manufacturers sup- headed. typically liberal plan. "We had to try to bridge the chasm" ported its general outlines and accepted One other enormously important, and between these groups in drawing up the even its "employer mandates," which almost purely political, decision sealed plan, Magaziner told me. "If we were se- would require companies to pay most of the fate of the bill. Magaziner and Hillary rious about universal coverage, we felt. the cost of coverage for their employees. Clinton had hoped to present the bill to then the single-payer people would buy But by the summer of 1994 the Adminis- Congress a few months after the Inaugu- off even if they didn't like managed com- tration was selling the plan mainly as ration, in the spring of 1993. Thanksgiv- petition. We felt we were doing enough a matter of fairness and security. Its slo- ing had nearly come before they were ac- of the market reforms that the reform gan was "Health Care That's Always tually ready to present a finished bill. people would buy off too. And. by the There." That delay had little or nothing to do with way, we also thought that that was the In theory the Administration could best policy." have kept stressing both aspects of its But by June of 1993 one of the main plan-that it would make individuals Hillary Clinton now market-reform legislators. Representative more secure while reducing the strain on Jim Cooper, of Tennessee. made clear business. The peculiar logic of health- says that the news that he wouldn't buy off. He recommend- care economics, as revealed in most other ed seeing to insurance reforms first and developed countries and in American blackout on emerging getting around to universal coverage in a group-care systems. is that when every- few years. The single-payer group, of one is covered, it becomes easier to con- details of the health- course, was not going to agree to that. "At trol overall costs. that point," Magaziner said, "we knew The Administration's political experts, that the only way we could try to bridge however, recommended a more stream- care-reform bill was a the chasm was to start a little bit left of lined sales approach. Clinton's pollster. center and try to negotiate toward the Stanley Greenberg, produced results in major mistake. center." 1993 showing that no one believed that a "Left of center" meant proposing a government health-care plan could ever benefits package a little more generous save money. Although opinion polls tak- the nuances of policy. It had everything than what the Administration really want- en through the end of 1993 showed that to do with political necessity-and of a ed. setting the employer's share of total most people supported the idea behind sort that everyone knew was sensible at costs a little bit higher, making the limits Clinton's plan (once pollsters explained the time. on insurance premiums a little bit tighter. what the idea was), most people also be- When the Republican Party lost interest lieved that the plan would drive costs up, in negotiating, this strategy became a lia- T HIRD count: "The First Lady's not down. Therefore the more the Ad- whiz-kids wasted precious months." bility, because it made the Clinton plan ministration emphasized its cost-control This was how The Economist stated the look more extreme than it was meant to themes. the less believable it would be- next objection. Rather than getting busy be. come. "The polls showed that people will and presenting the plan when the Admin- The other purely political calculation trust the government to guarantee them istration still had a dewy glow. the health concerned sales strategy. Throughout his security," Magaziner told me. "They will team sat around until it was too late. campaign Bill Clinton had emphasized not believe that the government can con- The Administration's original strategy the overall cost of medical care as a cen- trol costs." was to rush the health plan through as part tral evil of the U.S. system. Americans As Republican opposition to the bill of its first budget-reconciliation bill. That spend about twice as much money per increased in 1994, Democratic strategists would have meant having detailed health capita on medical care as people in other decided that "security" would be a more proposals ready by April at the latest, and developed nations, with results that are effective, partisan rallying theme. "You the task force had been geared toward not twice as good. Whenever he was have to mobilize people. and it's hard to meeting that deadline. The genius of this asked about cutting the budget deficit or mobilize people around words like 'cost approach. little noticed by the public, is taming the entitlements monster. Clinton containment' or 'universal coverage," that it would have allowed the health plan said that the first and most important step Hillary Clinton told me. "So if we didn't to pass with a simple majority vote. 30 JANUARY Congressional politics has quietly moved into the "supermajority" system Would you kindly do us the that Lani Guinier was widely denounced for seeming to recommend. In theory it favor of filling out this coupon? takes fifty-one votes to get a bill through the Senate. In reality it takes sixty votes to See? Even in our ads end a filibuster, so Bill Clinton knew that the Senate's forty-plus Republicans could stop nearly any legislation they chose. we Irish treat you differently. They could not stop budget bills. These come to the floor under rules that limit We've been known to go out of our way to debate, and with only a fifty-one-vote IRELAND VACATIONS 1995 make guests feel welcome. Take our free majority required for passage. So if the vacation planner as just one example. It offers health-care plan could be made part of the an array of vacation itineraries to suit budget bill. the Administration could get most tastes and budgets. To experience our it acted on quickly, with enough of its hospitality in more detail. plan a trip to own party's votes to see it through. Ireland. Mail the coupon to Ireland Vacations The Senate's majority leader, George '95, P.O. Box 7728. Woodside, N.Y. 11377 Mitchell. endorsed this strategy, but its or call 1-800-SHAMROCK, extension 171. de facto parliamentarian, Robert Byrd, objected. scuttling the plan. The Admin- Name istration then decided that it would intro- Address duce the health-care plan as soon as the City State w budget bill passed. But passage was the Zip rub. The budget bill. with its big deficit- os reduction package, was seen by everyone IRELAND in Washington as a major early test of the Administration's strength. (The struggle The ANCIENT BIRTHPLACE of GOOD TIMES. g over the bill is the subject of Bob Wood- h- ward's book The Agenda.) The budget fight dragged on much longer than Bill Clinton had hoped or Read Between Our Lines a planned. As it became obvious that the fi- nal budget vote would be very close (on e. August 6 it finally passed the Senate 51-50, with Vice President Al Gore cast- LEVENGER ing the deciding vote), the Administra- tion wanted to avoid any extraneous con- troversy that might affect it. Clinton had been scheduled to make the final deci- sions about the health-care plan in late May. Because of fears that leaks about his choices would complicate the budget vote, the decisions were put off-a delay that had ripple effects lasting the rest of the year. Without Clinton's decisions, the Free Catalog task force could not prepare detailed leg- islation: without legislation. it could not 800-544-0880 start negotiations with congressmen and their staffs. Without final choices on what would be in the package, it could not pre- Read about our line of Pocket Briefcases, our line of bookcases, and our lines of pens, pare budget estimates; without those esti- stationery, and lamps. Between our regular lines you'll find one-of-a-kind gifts mates. the Treasury and the Congression- that mean something special to those who love reading. al Budget Office could not vet the plan. Call or write for your free 64-page Levenger catalog-your direct line to thoughtful gifts this season. By the fall the budget fight was over- but then NAFTA became the issue of the LEVENGER moment. Clinton had been scheduled to TOOLS FOR SERIOUS READERS spend most of the month of October trav- eling and speaking about the health-care 800-544-0880 or Fax 800-544-6910 420 Commerce Drive, Delrav Beach, FL 33445 Code ATCII THE ATLANTIC MONTHLY 31 plan. As he was flying to his first event. a When people complained that the plan figuring they don't need it-while prices labor convention in California, news came was grandiose. they had three features rise for those most likely to need care. that U.S. soldiers had been killed in Soma- in mind: universal coverage (everyone Fewer of them can afford to buy it, more lia. Clinton flew back to Washington after would be insured. whether working or must take advantage of the cruel and inef- his speech and spent most of the month not), community rating (everyone in a giv- ficient fallback of emergency-room cover- dealing with Somalia and NAFTA: he can- en region would pay the same premium age, and overall costs keep going up. The celed all the other health-care events. for-coverage, regardless of age or pre-ex- young, healthy people eventually become Despite the delays and missteps. when isting conditions), and employer mandates old and sick, and are caught too. the President finally unveiled the plan. in (forcing businesses to cover much of the This cycle is known as adverse selec- September of 1993, it seemed to have a insurance cost). tion, and it has been talked about in the good chance. "The reviews are in and the All these ideas have been part of the health-care-reform business for years. box office is terrific," the political analyst health-care-reform debate for years. Uni- Community rating is the main response. William Schneider wrote just after it was versal coverage and community rating It is designed to average each person's presented. "President Clinton's health sound like bleeding-heart concepts. but medical costs over the course of his or care reform plan is a hit. The more they are based on tough economic rea- her whole life and to make sure that peo- people read and hear about the plan, the soning. The idea behind both is that pie have coverage at the times of their more they seem to like it." piecemeal reform of a health-care system lives when it's most necessary. In pro- Six weeks after the Inauguration, Mag- can be worse than no reform at all. posing community rating the Clinton aziner had written a memo to Bill and The fairness argument for universal team was hardly making waves. Hillary Clinton saying that if health-care- coverage is obvious. Even people who are Even the part of the plan that sounded reform legislation was not presented and poor deserve care when they are sick or strangest and most radical, its "mandato- passed immediately, it probably could hurt. This is why every developed nation ry alliances." is already familiar to mil- not be passed during "your first term." except the United States offers universal lions of Americans under a different With Republican midterm gains in Con- care. The economic argument has become name. Anyone who works for a big com- gress, it now appears that this prediction almost as familiar. Even people without pany or a state or federal agency knows will be borne out. But the delay was nei- health insurance ultimately receive treat- about the open-enrollment system for se- ther negligent nor intentional. It is a re- ment, when they show up in emergency lecting health insurance. The company or minder of how quickly events spin out of wards; hospitals cover the cost by pad- agency negotiates with HMOs, insurance a President's control, and how rare it is ding charges for everyone else. This companies, and local medical networks for him to be able to advance his own backhanded form of coverage is neither that want to offer coverage to its employ- agenda rather than respond to someone economically efficient nor humane. As ees. Once a year employees choose which else's emergency. recently as the fall of 1993 Bob Dole was plan they want. The employer then de- saying that universal coverage was a ducts money from their paychecks, adds F OURTH count: The plan had delu- "non-negotiable goal of reform." its own share, and passes the money on sions of grandeur. Now we move to Community rating is a closely related to the medical providers. the substance of the plan. which has been idea. Every health-care-reform scheme in This. with small variations, is also how described as a regulatory rat's nest, a America is concerned with holding down the task force's mandatory alliances would nightmare of overambitious social engi- costs. In most businesses market compe- have worked. They would have taken neering, and a sweeping solution where tition does the job, but competition in the bids from insurance companies, HMOs, modest reforms would do. health-insurance area often works in a and other health providers and then let The reality is that very little in this plan perverse way. Insurance companies have each household choose the plan it liked was new or unprecedented, and that it tended to compete not by improving the best. Each provider would have been re- was barely more complex or comprehen- incentives, habits. and nature of medical quired to set a price for a standard bene- sive than most other plans. treatment-which in the long run is the fits plan, so that customers could make only way to limit expenses-but by be- easy price comparisons among the offer- coming choosier about whom they will ings. The alliances would not, as has of- According to the insure. If they can limit their coverage to ten been assumed, have tried to provide young, healthy people and rule out those medical care themselves, through big new peculiar logic of health- who are already sick, then they can offer government clinics. coverage at a lower price, without having The most ominous-sounding aspect of care economics, when done anything to improve the efficiency the new alliance system was its "mandato- of care. ry" nature. Everyone would have been everyone is covered, it This is what has happened to the health- obliged to choose and buy a standard ben- insurance business in the past generation. efits plan from an alliance. (Contrary to re- becomes easier to In the old days Blue Cross offered cov- peated claims by opponents of the bill, erage to everyone in the same geographic people would have been free to buy any control overall costs. area at the same price. Now younger, extra coverage they wanted. or get any ad- healthier people can get cheaper cover- ditional treatment from any doctor they age-which many of them skip anyway, chose, as long as they did it with their own 32 JANUARY 1995 money. Employers would to, the task force believed also have been free to offer that it was changing the sur- additional coverage.) The face of health care as little health-care task force argued as possible while altering its that the alliances had to be underlying economic struc- mandatory in order to create ture. The alliance system, the community-rating effect. despite its strange name, Otherwise. young, healthy was meant to look familiar people would stay out of the to people who already had system. and the pernicious coverage. The employer- cycle of adverse selection mandate system of finance, would begin. An exception in which companies would was made for employees of bear most of the health-in- very large companies, who surance costs, reflected the would still have been able to fact that 90 percent of the buy through their own firms' people who now have insur- open-enrollment plans. The ance (excluding those on reasoning was that a General Medicare) get it through Motors or an AT&T had a their employer. The em- work force large and diverse ployer mandate is a de facto enough to constitute a com- tax but a well-established munity-rating pool all by it- one. and a familiar concept self. Everyone would have in health-policy circles. been forced into a pool one Many Republicans, includ- way or another. ing Robert Packwood and Some health-care-reform Richard Nixon (!), have over plans have no mandatory the years endorsed employ- component. Several versions er-mandate plans. of managed competition, Indeed, none of the indi- for instance, would set up vidual elements of the Clin- alliances like those in the ton plan was a shocking Clinton bill but not require new entrant into the health- anyone to buy from them. care debate. The plan's sys- It is virtually impossible, tem for controlling expendi- though, to achieve universal coverage least one fee-for-service plan that would tures, through premium caps that limited without some element of compulsion. permit a family to stay with the indepen- how fast the cost of basic coverage could (Medicare offers universal coverage for dent doctor it had been using. rise, departed from Paul Starr's recom- those over sixty-five, but everyone who After the plan was withdrawn, Uwe mendations. But it closely resembled a works is compelled to pay a Medicare Reinhardt, an economist at Princeton Uni- plan offered by a group of congression- tax.) Moreover, Magaziner argued, for versity, told The New York Times, "No al moderates that included the Republi- most people the mandatory system would one understood this. but the average can senators John Danforth and Nancy in practice mean more choice and free- American patient would have had more Kassebaum. dom than they now enjoy. choice under the Clinton plan than they To say that the resulting package of When he ran a small business in Rhode now will. If you work for a particular proposals was "too complex" is like say- Island. Magaziner said. he covered all company, your choice of HMOs is what- ing that an airplane's blueprint is too health-insurance costs for his employees ever that company offers you." Some crit- complicated. The Medicare system is but could give them only two plans to ics argued that the Clinton plan would de- complex. So is every competing health- choose from. Handling the bidding and pa- stroy the market for coverage beyond the care-reform plan. Most of the 1,342 pages perwork for a broad range of plans would plan's basic benefits, and that as a result of Clinton's Health Security Act (which I have been impossible. "If there had been people would find it difficult to buy as have read) are either pure legal boilerplate an alliance. I could have paid my dues-to much coverage as they might like. But that or amendments to existing law. Conven- the alliance and let people choose among is different from the widespread belief that tional wisdom now holds that the sheer all the plans." The alliances in the Clinton extra coverage would be against the law- bulk of the bill guaranteed its failure. The bill would have been required to offer and for most people the range of choice NAFTA bill was just as long, and so was customers a choice among all plans that would probably be broader under Clin- the crime bill that passed last summer. If met basic certification requirements. In big ton's plan. the health bill had been shorter and had cities a dozen or more plans might be Far from concocting a system that not passed. everyone would know that available. The minimum offering would would look and feel radically different any proposal so sketchy and incomplete be three kinds of coverage, including at from what Americans were accustomed never had a chance. 34 JANUARY F IFTH count: It was a coercive ap- less impressed with her scholarly pre- make those decisions. They will pay proach to one seventh of the econo- cision after I compared her article with more for fewer benefits. How deeply this my-and to a problem that was solving the text of the Clinton bill. Her shocked sinks in and how much it motivates polit- itself. claim that coverage would be available ical action, I don't know." Much of the problem for the plan only for "necessary" and "appropriate" seemed. at least in Washington. to come treatment suggested that she had not I F this plan did not perish because it not even from mandatory alliances but looked at any of today's insurance poli- had been designed in intolerable secre- from an article by Elizabeth McCaughey. cies. In claiming that the bill would make cy, or because its designers knew nothing then of the Manhattan Institute. published it impossible to go outside the health plan about politics, or because it was full of in The New Republic last February. The or pay doctors on one's own. she had unacceptable new ideas, or because it was article's working premise was that Mc- apparently skipped past practically the so much more complex than any prede- Caughey, with no ax to grind and no pre- first provision of the bill (Sec. 1003), cessors, then what happened to it? conceptions about health care, sat down which said. The Administration's view, for which, for a careful reading of the whole Clinton again. there is ample evidence, is that it bill. Appalled at the hidden provisions Nothing in this Act shall be con- went down because of two zero-sum strued as prohibiting the following: she found, she felt it her duty to warn games, one political and one economic. (1) An individual from purchasing people about what the bill might mean. Health-care reform became a battle in any health care services. The title of her article was "No Exit." and which some would win and others would the message was that Bill and Hillary It didn't matter. The White House is- lose-and Clinton lost. Clinton had proposed a system that sued a point-by-point rebuttal, which The Through most of 1993 the Republicans would lock people in to government-run New Republic did not run. Instead it pub- believed that a health-reform bill was in- lished a long piece by McCaughey at- evitable. and they wanted to be on the tacking the White House statement. The winning side. Bob Dole said he was ea- To say that the resulting idea of health policemen stuck. ger to work with the Administration and So did the idea that one seventh of the appeared at events side by side with package of proposals national economy would be transformed Hillary Clinton to endorse universal cov- overnight. Of the vast American com- erage. Twenty-three Republicans said was "too complex" merce in health care. more than 40 per- that universal coverage was a given in a cent is already paid for by the federal new bill. is like saying that an government, mainly through Medicare. In 1994 the Republicans became con- Under the Clinton plan the rest of the vinced that the President and his bill airplane's blueprint is money would still go through most of the could be defeated. Their strategist, Will- insurance companies. HMOs. doctors, iam Kristol. wrote a memo recommend- too complicated. hospitals, and laboratories that are receiv- ing a vote against any Administration ing it now. health plan, "sight unseen." Three com- mittees in the House and two in the Sen- care. "The law will prevent you from go- T HE final element in the conventional ate began considering the bill in earnest wisdom is that this cumbersome. early in the year. Republicans on several ing outside the system to buy basic health flawed plan was in any case unnecessary, committees had indicated that they would coverage you think is better." McCaugh- because the health-care problem was go- collaborate with Democrats on a bill; as ey wrote in the first paragraph. "The doc- ing away. Medical costs rose by "only" the year wore on. Republicans dropped tor can be paid only by the plan. not by 5.9 percent in 1993-yet that was more their support, one by one, for any health you." than twice as fast as wage growth and al- bill at all. Robert Packwood, who had George Will immediately picked up this most twice as fast as the overall inflation supported employer mandates for twenty warning, writing in Newsweek that "it rate. Over the past several decades med- years. discovered that he opposed them in would be illegal for doctors to accept ical costs have risen about three percent 1994. "[He] has assumed a prominent role money directly from patients. and there faster than the overall inflation rate: in in the campaign against a Democratic al- would be 15-year jail terms for people 1993 the gap was 2.9 percent. ternative that looks almost exactly like his driven to bribery for care they feel they "There is no persuasive evidence that own earlier policy prescriptions." the Na- need but the government does not deem we are in either a stabilized or an improv- tional Journal wrote. Early last summer 'necessary." The "doctors in jail" concept ing health-care-financing environment," conservative Democrats and moderate soon turned up on talk shows and was Hillary Clinton told me. "In fact, many of Republicans tried to put together a "main- echoed for the rest of the year. the problems will only continue to get stream coalition" supporting a plan with- These claims, McCaughey's and worse. The problems that middle-class out universal coverage, without employer Will's. were simply false. McCaughey's Americans care the most about-like mandates. and without other features that pose of impartiality was undermined by what doctor they can see-will likely be- Republicans had opposed. In August, her campaign as the Republican nominee come appreciably worse, because many George Mitchell, the Democratic Party's for lieutenant governor of New York will be forced into managed care over Senate majority leader. announced a plan soon after her article was published. I was which they have no say. Employers will that was almost pure symbolism-no 36 JANUARY y employer mandates, very little content ex- is cept a long-term goal of universal cover- it- age. Led by Bob Dole and Newt Ging- rich, Republicans by September were opposing any plan. "Every time we NEWS it moved toward them, they would move e- away," Hillary Clinton says. not noise. "We always knew that in the end peo- of ple's trust of the President and First Lady as would be crucial." Ira Magaziner says. What really happened e- "The debate was going to be complicat- this week? Watch ed, and that trust factor was very impor- h. tant." Whitewater eroded the trust factor. Washington Week it The President looked beatable, and he In Review, the news m lost. program that sorts ic. Economic factors counted too. Doctors in out the facts from the had fought bitterly against Medicare in Id the early 1960s, but for the most part they fluff. Join moderator sat this battle out. If they weren't con- Ken Bode and ns trolled by the government. they would Washington's most n- be controlled by insurance companies, savvy reporters every ne which in some ways were worse. But a- other interest groups had more to lose. Friday at 8 pm d Health-insurance agents would be put out on your PBS station. th of business. Health-insurance companies V- could have their premiums capped. For- id Produced by profit hospitals thought they would lose a money. Manufacturers of medical equip- WETA WASHINGTON, D.C. ment thought that market growth might n- slow. Large businesses that did not al- ill ready offer health care for workers knew II- Ford the employer mandate would cost them d- money. (These were mainly corporations Funded by Ford Motor Co. on like PepsiCo and General Mills, which At Ford. Quality n- is Job One. own restaurant chains whose part-time n- workers are uninsured.) st During the 1992 campaign the Clinton al war room excelled at answering negative Id charges immediately, before damaging WASHINGTON as impressions could set in. But even flatly ed untrue attacks on the health plan went WEEKIN th unanswered-direct-mail campaigns say- REVIEW 11111111 id ing that everyone would have to go to a ty government clinic, daily doses of misin- in formation from Rush Limbaugh, TV ad- le vertisements fanning McCaughey-style 1- fears of jail terms for people who wanted TURKEY ISTANBUL WEEKLY DEPARTURES NOV TO MAR is to stick with their family doctor. Last 10 Days FLIGHT FROM NY transfers. hotel. 1- March The Wall Street Journal found that $ 799 breakfast daily er a panel of citizens preferred the provi- te sions of the Clinton plan to the main (800) 223-9169 (212) 2935-92102 ANATOLIAN CIVILIZATIONS 1- alternatives-when each plan was de- Istanbul, Pergamum, Ephesus, 1- scribed by its contents alone. But when Aphrodisias, Antalya, Cappadocia, Ankara er pollsters explained that the preferred 17 Days R/T FLIGHTS FROM NY at group of provisions was in fact "the Clin- $ 1545 at transfers. all hotels. all sightseeing, of meals ton plan," most members of the panel S changed their minds and opposed it. They n knew. after all. that Clinton's plan could TURSEM o never work. THE ATLANTIC MONTHLY 37 DETERMINED TO BE AN ADMINSTRATIVE MARKING Per E.O. 12958 as amended, Sec. 3.3 (c) Initials: ADB Date 12-5-13 THE WHITE HOUSE November 3, 1995 Mrs. June Freeman 9 Southern Pines Drive Pine Bluff, Arkansas 71603 Dear June: Thank you for your letter and for your good wishes about my trip to Beijing. It was a tremendous honor to speak to so many women from around the world who share our commitment to human rights. I also very much agree with the point you made in your letter that we need to focus on wellness to prevent disease before it starts. Just this spring, the Clinton Administration launched a year-long Medicare Mammography Campaign to educate older women about the importance of detecting breast cancer early and about Medicare coverage of mammography services. Unfortunately, only about forty percent of women on Medicare take advantage of the Medicare mammography benefit. For most women, a mammogram puts their mind at ease. Those few who do have breast cancer can identify it early and get the treatment they need. We hope that our campaign will encourage older women to get regular mammograms. Mrs. June Freeman November 3, 1995 Page 2 I also truly enjoyed your son's newsletter. These kinds of outreach efforts, both local and national, help educate people about how to take care of themselves now to avoid serious and costly illnesses later. Thank you again for writing and for your commitment to helping Americans lead healthier lives. With best wishes, I am Sincerely yours, Hillary Hillary Rddham Clinton serving artist/collector/community 9 Southern Pines Drive Pine Bluff, Arkansas 71603 artsource 501 534-1305 August 20, 1995 Dear Millary, the White Have that you will have Shape by the time This reaches been able to complete your plane for attending The women's conference need a Chena. believe we in presence there in The person of an autsphen advacate of human rile rights. I've been thinking of your interest as first health lady, issues. in light I'd of like your to see you in focus on willness, to get people to work Loward preventing illness. If people ate well that and momoted practiced other williveing measures physical and mental, all how of such on wellness is an it. you could do it. he matter obtainable of wonderful that would be for one is us. goal pan Please Minh about my oldest The editor son is of me a done one that I fairly recent issues been Daved, another is believe Lo very well Emlowed a gradeeate is a by the due way has No interest pretting lees mis in prevention. for Hope it yoll out the past years. has same value to you Always June freeman THE WHITE HOUSE WASHINGTON January 31, 1995 Mr. Nick Franklin Senior Vice President Public Affairs FHP International Corporation 9900 Talbert Avenue Fountain Valley, California 92708 Dear Nick: Thank you for writing to me about FHP's Medicare program. I enjoyed meeting you at the recent breakfast at the White House, and I appreciate your following up on our discussion. I've asked Carol Rasco to look into the issues you raised and have passed along your invitation to my scheduler for consideration. As we continue working to improve our health care system, I am grateful for your support. I hope you'll stay involved. Sincerely, This Wintern Cc. Carol Resco your with warguat BillyWebstn Thanks- celtis Castu to HRC, Ensline, been B To Jen + Chris Jennings- Please review letter and evaluate Claims in Nt form. PHOTOCOPY HRC HANDWRITING Thanks- - H FHP® FHP International Corporation Public Affairs Department HEALTH CARE 9900 Talbert Avenue Fountain Valley, CA 92708 714.378.5767 January 12, 1995 William Jefferson Clinton President of the United States The White House Washington, DC Dear Mr. President: I enjoyed the opportunity to meet you at the breakfast you hosted for members of the Democratic Leadership Councils at the White House on December 7, 1994. You asked me to write to you and let you know how FHP is able to save Medicare beneficiaries and the federal government money under FHP's Medicare risk contract with the Health Care Financing Administration (HCFA), while providing beneficiaries with a broader range of benefits, including prescription drug coverage. I trust the following provides the information you requested. I should begin with a brief background of the Company and its Medicare business. FHP International Corporation is a federally qualified health maintenance organization which began 33 years ago in Long Beach, California. Over the years, the Company has expanded and now serves people in 11 states and the Pacific Islands of Guam and Saipan. Over 1.7 million individuals today receive all of their health care from FHP. Our customers, or members, include the employees of over 5,000 small, medium, and large corporations; Medicaid recipients; military dependents; federal, state, county, and city employees; and hearly 350,000 Medicare beneficiaries. FHP receives a capitated payment, a fixed amount of money every month, for each of its members and in return contracts to provide all of that member's health care needs irrespective of the cost or intensity of care. Approximately 20% of our members receive (their care through our staff-model network of over 60 company-operated medical centers and five hospitals. The balance of our members receive their care through private physicians and (hospitals with whom FHP has contracted. Under our Medicare contract with the federal government, HCFA pays FHP an amount equal to 95% of what HCFA would otherwise pay to the fee-for-service physicians and hospitals in that geographical area. FHP in turn provides all of the benefits required under Medicare. In addition, FHP provides outpatient prescription drugs and other benefits not covered by Medicare, including covering hospital and physician deductibles. For this FHP charges $5 for a prescription, $5 for an office visit, and charges no premium. The results are impressive. For example, the 5% savings to the federal government for our 350,000 Medicare members amounts to more than $60 million per year. Because FHP charges no premium and adds benefits over and above the standard Medicare benefits, we save each of our 350,000 Medicare members an average of more than $1,200 a year. These direct savings to our Medicare members total more than $348 million a year. Through these efficiencies, FHP is removing over $400 million a year of unnecessary and wasteful health care costs from the health care system for our Medicare members alone. As evidence of the senior population's acceptance of this program, our Medicare membership grew on average 21% each year over the last five years. We are able to accomplish these results by applying a series of basic principles which we have learned over the years, and which are readily applicable to the nation as a whole as we seek to provide health care to all Americans in a cost-effective way: I. We remove the financial barriers to seeking early care. We know that if there are limited benefits, pre-existing condition exclusions or deductibles, many people will defer seeing the doctor until the disease or problem becomes unbearable. By the time they see the doctor, it is likely that more expensive procedures and possible hospitalization will be required. We know that if we remove the financial barriers to seeking early care we are often able to stabilize or correct the problem before it gets out of hand, and thereby avoid more expensive treatment later on. Not only does this save money, but it is a higher quality of medical care since no one wants to be sick or in the hospital if he or she can avoid it. The use of a hospital is the most expensive part of medical care, and FHP's use of hospital bed days is one of the lowest in the country. II. Access to an individual's primary care physician on weekends and in the evenings is very important to the control of health care costs. If their doctor is not available, then typically, the patient will wind up in the emergency room of a hospital. Emergency room care is very expensive and is used by hospitals as a major source of admissions. Many of FHP's medical centers are open in the evenings and on the weekends. The centers are full-service medical centers which include both primary care doctors and specialists, a pharmacy, minor surgery, laboratory, x-ray, physical therapy, and even child care while the patient is receiving medical care. III. Under the HMO Act, every federally qualified health maintenance organization must provide a minimum level of benefits as prescribed in the act. Except for outpatient drugs, this benefit level is all inclusive; but FHP adds prescription drugs to every one 2 of its benefit packages. This is particularly important for Medicare beneficiaries since many do not have the funds to fill a prescription. Without a drug benefit, the prescription would likely either not be filled or would be filled and spread over a longer period of time than is therapeutically required to cure the illness. From experience we know that the additional cost of a drug benefit is more than offset by lower hospital use and lower utilization of health care. IV. The incentive for the physicians must be aligned with the HMO's and the nation's incentives to reduce costs while simultaneously improving quality. Under the fee-for- service system, providers are paid based on services performed. This incentive has lead to abuses and over utilization. At FHP, our staff and contract physicians have incentives to provide members with rapid access and to deliver high quality care. These incentives not only control costs, but also enhance quality-to do otherwise would result in lawsuits and loss of members. Holding back on appropriate utilization would also, as discussed earlier, actually result in eventual higher health care costs. Our efforts to control costs while delivering high-quality care have had impressive results. Over the past months, our efforts to assure the highest standards of quality have been recognized by a number of organizations. The National Committee for Quality Assurance has awarded our plans in Arizona, New Mexico, Southern California, and Utah with unqualified certifications of quality care. The American College of Surgeons recognized FHP's exceptional quality of care in treating our members who have cancer. V. FHP's Medicare program is community rated. This is an essential part of the program's success. Under a community rating system, HCFA pays FHP the same monthly amount, adjusted for age, for each member in each geographical area served by FHP, irrespective of the Medicare member's health. At any time, some of our Medicare members will be sick and some will be well. The key is that we have enrolled a large number of Medicare beneficiaries so that the cost of caring for the ill members can be spread over our entire 350,000 Medicare population, making health care on average affordable for any one individual. VI. Physician choice is important, but not in the way most people think of it. Having the absolute, unchecked freedom to seek the services of any doctor, including expensive specialists, at any time and at any frequency, is not a prerequisite to receiving quality health care. One of the reasons FHP is so popular with its Medicare members is that we have carefully screened, credentialed, and regularly recredential each of our in- house and contracted physicians. We inquire into their malpractice history, their technical competence, where they went to school, where they trained, the amount of their training and experience, and the status of their licensure. When an FHP member selects one of our physicians, the member can have confidence in the level of care they will receive. This is not necessarily the case in the unmanaged, fee-for- service system. 3 Mr. President, my colleagues at FHP and I are convinced that HMOs offer the best solution to controlling the growing cost of health care, generally, and Medicare, in particular, while assuring coordinated high-quality care. The number of Americans in HMOs has grown steadily in recent years with more than 25 percent of Americans receiving health care through a managed care plan. The savings to the private sector have been significant, with health costs growing at the lowest level in years (indeed, for many employers, costs have actually declined with no loss in quality). Yet only some ten percent of Medicare beneficiaries receive their care through HMOs. FHP is convinced that the Medicare program and beneficiaries can realize similar cost savings while assuring coordinated quality of care. We have been excited by the recognition managed care has been receiving from Members of the Congress as a way to address the Medicare programs problems. The biggest challenge will be to encourage beneficiaries to try something which for many of them will be new. Our surveys, like those of the other Medicare HMOs, demonstrate enormous satisfaction by our Medicare patients with the quality, cost and additional benefits they receive. We are sure, given the chance, other beneficiaries would be similarly satisfied. We would be pleased to work with you and others in your Administration to bring the beneficial cost and quality results of managed care to a greater number of Medicare beneficiaries. Also, we would be delighted for you to visit our medical and corporate headquarters campus in Southern California the next time your travels bring you to the West Coast. I think you will be very impressed with what you see. Thank you for asking me to provide you with this information and for your leadership on health care issues. If you have any questions or if I can be of any further assistance, please do not hesitate to call me directly at: 714-378-5631. Sincerely, nin7 Nick Franklin Senior Vice President, Public Affairs cc: Carol H. Rasco, Assistant to the President for Domestic Policy g:\klein\whitehse.bf 4