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There's More in Senate Finance Bill Than Meets The Eye

By Ken Terry | Sep 16, 2009

Initial media coverage of the just-released Senate Finance Committee reform bill has focused mainly on the political implications. Not a single Republican has yet signed onto the bill, which has drawn fire from both left and right, and it’s still unclear whether Senator Olympia Snowe (R-ME) will support the bill, which must still be merged with the more liberal Senate HELP Committee measure. If she does, the Democrats might avoid a brutal fight to push the legislation over the top through the budget reconciliation process.

But what this analysis misses are the Senate Finance bill’s substantial proposals to reform the healthcare delivery system. This measure, after all, is the fruit of several months of work and negotiations between the Democratic and Republican senators known as the “Gang of Six” and led by Finance Committee Chairman Max Baucus (D-MT).  These senators are very knowledgeable about health care, and the bill shows it.

Among other things, the legislation would establish a value-based purchasing (VBP) initiative, as reported earlier. Starting in 2013, hospitals’ Medicare payments “would be adjusted based on performance under the VBP program.” The measures for this program would be culled from those on which hospitals must now report data to get financial incentives. In 2014, efficiency measures would be added. The value-based incentive payments would be financed by reducing total Medicare payments to hospitals by 1 percent in 2013, rising to 2 percent in 2017 and later years. (This is a smaller amount than was earlier discussed.) Hospitals that met or exceeded performance standards would receive unspecified bonuses.

The current statute prohibiting Medicare from paying hospitals for hospital-acquired conditions would be expanded. Starting in 2014, hospitals in the top quartile for these conditions would lose one percent of their overall Medicare reimbursement, based on the prior year’s performance.

On the physician side, the bill would extend the current 2 percent incentive for submitting PQRI quality data beyond 2010, while imposing a 1 percent penalty on physicians who don’t participate, beginning in 2012; the penalty would rise to 2 percent in subsequent years. The measure would also integrate the PQRI program with the meaningful use criteria for receiving health IT subsidies. And physicians would receive reports on how their resource use compared with that of their peers. Beginning in 2015, physicians’ Medicare payments would be reduced by 5 percent if their total resource use were above the 90th percentile for all Medicare participating doctors.

The legislation would also establish quality reporting programs for inpatient rehabilitation facilities, long-term acute-care hospitals, and hospices. And it would direct HHS to create plans for implementing value-based purchasing programs in home health agencies and skilled nursing facilities by 2011 and 2012, respectively.

Going beyond these specific reimbursement changes, the bill also would encourage the formation of “accountable care organizations” (ACOs) by recognizing groups of providers who meet government requirements as ACOs and allowing them to share in any savings they achieve for Medicare. Among the organizations that would be eligible are “practitioners in group practice arrangements; networks of practices; partnerships or joint-venture arrangements between hospitals and practitioners; hospitals employing practitioners; and such other groups of providers of services and suppliers as the [HHS] Secretary determines appropriate.”

There’s much more here, including bonus payments of up to 2 percent for Medicare Advantage plans that engage in certain “care coordination and management activities.” The point is that this bill has a great deal of depth, much of which will undoubtedly be incorporated into the final Senate bill and the legislation that emerges from the House-Senate conference. Stay tuned.

Ken Terry, a former senior editor at Medical Economics Magazine, is the author of the book Rx For Health Care Reform. follow all BNET Healthcare posts on Twitter.

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  •  
    1

    temurphy

    09/17/09 | Report as spam

    RE: There's More in Senate Finance Bill Than Meets The Eye

    Nice summary, Terry, but, I still think that government imposed standards for quality care and concomitant fee reductions for non-compliance are not the way to achieve high quality and cost effectiveness. If you require all providers (first hospitals, and then MD groups) to share their clinical outcomes data, we can all see which among them are doing the best job. Demming's "get it right the first time" principle would be controlling. With the data, Medicare, Medicaid, employer sponsors, and insurance companies can determine where to send their participants and what to pay them. With clinical data as the centerpiece coupled with providers' absolute need to improve their quality outcomes, we will have real cost reductions, affordability, and expanded access. We know how to do this; it should be what Health Care Reform starts. Then, we can see if mandatory coverage and the other government intrusions are necessary. My guess is they are not. //tem

  •  
    2

    verycold

    09/17/09 | Report as spam

    RE: There's More in Senate Finance Bill Than Meets The Eye

    It seems that now 1.6 million Americans are leaving the US to get medical help at PRIVATE hospitals all over the world. As an example, heart surgery costs about 7,000 in India. Apparently these private hospitals that apparently having the same certification requirements as any premium hospital in the US are actively pursing patients. So apparently these private hospitals have learned a few things that allows them to offer procedures at a substantially reduced rate. True a person will need to get on a plane to get there, but at the very least they are saving 40 or 50 percent and paying it themselves.

    Washington doesn't have the will to reduce costs in one area without making adjustments somewhere else. So as an example, the 1 percent tax on drinks that would give the government 100 billion over a 10 year period assuming sales do not decline, would really strike out at the middle to lower income group. So realizing they can't do that they promise to spend that savings on programs that give to the poor. What then has really been accomplished?

    What do we really want to accomplish? I would hope we want to reduce health care costs to all Americans. I would think we want people living to lead healthier lives. I would think we want people to support the statement "use it or lose it".

    That change we so desire must come start with children. Many adults are just too entrenched in their habits to make big sweeping changes. How many times have we increased taxes on cigs and still the buying continues. True it is less now because the YOUTH has decided there are other things to spend their money on and so consumption is down. However that "other" thing now is hitting the 7Eleven at lunch and filling up on sugar. See we traded one problem for another.

  •  
    3

    Hamilton36

    09/17/09 | Report as spam

    RE: There's More in Senate Finance Bill Than Meets The Eye


    simply, health care should be about the patient and not how much money can I make!

  •  
    4

    Ken Terry

    09/18/09 | Report as spam

    RE: There's More in Senate Finance Bill Than Meets The Eye

    In reply to TE Murphy, I did not mean to imply that the
    provisions in the Senate Finance bill aimed at delivery system
    reform are the best way to do the job. But, compared with
    what's in the House bills, which mainly boils down to
    demonstration projects, this measure does try to slow cost
    growth directly by changing incentives. I agree that publishing
    outcomes data on hospitals and physicians could have a
    salutary effect on behavior, but the devil, as usual, is in the
    details. Outcomes research is still in its infancy, and it is
    difficult to ascribe particular patient outcomes to particular
    providers in many cases. As for the process measures that are
    now used as proxies for outcomes--e.g., did a diabetic patient
    receive an HbA1c test in the past year or six months--those
    are often inaccurate as well for a variety of reasons, as the
    history of pay for performance programs shows.
    Hamilton36, you're absolutely right, but believe it or not,
    physicians are human beings, too, and are motivated by the
    same things that motivate most other people: fear and greed.

  •  
    5

    W Byerly

    09/18/09 | Report as spam

    RE: There's More in Senate Finance Bill Than Meets The Eye

    verycold - Yep - you can probably obtain cheaper healthcare in India, partly because wages are generally so much lower than here in the US. I wonder if India has a JCAHO for acreditation? When malpractice occurs or is perceived to have occurred, who do you sue and can you get millions if you win and thousands if you settle?

    Hamilton36 - Not sure what industry you are in, but substitute your industry for "healthcare" and "consumers" for patients. Like "simply, the NFL should be about the fans and not how much money can I make!"

    Not trying to be combative, just offering perspective.

  •  
    6

    temurphy

    09/19/09 | Report as spam

    RE: There's More in Senate Finance Bill Than Meets The Eye

    Ken: With all due respect, the field of comparing clinical outcomes data is not in its "infancy." It was born about 17 years ago and my former employer, The Kroger Co., and several others, such as General Electric and P&G participated in a project to compare 13 hospitals' clinical outcomes in a variety of Major Diagnostic Areas, using acuity adjustments to assure the integrity of the comparisons . It worked! Hospitals and their physician groups compared their results, found out why they were lagging their counterparts, and initiated changes in their protocols to improve. Quality went up and charges went down. Then, they balked and withheld their data even though the employers had earlier threatened to use it in deciding where to send their participant-employees. Hospitals have been dragging their feet ever since and as you say, using process proxies to "measure" their quality. But, there are independent companies which have perfected the outcomes measurement process, and have systems that are ready today to implement. I have absolutely no interest in any of these or other companies (I teach at a University) but, as an example, www.pdsg.com/ has sophisticated data exchange products, such as Iameter Clinical Quality Improvements. I think that if the government as well as employer sponsors of health care would require the disclosure of provider clinical data, we could significantly improve quality - by having providers discover their own solutions - and make health care more affordable and substantially improve access. temurphy

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