Category Archives: Ethics

And When a Medicine (Revlimid) “Works” It’s Unaffordable: $132,000/year, $534/pill

Poignant piece in the NY Times magazine that highlights some of the flaws in our unsustainable health care non-system.  This paragraph outlines the problem

After making more than 70 phone calls to 16 organizations over the past few weeks, I’m still not totally sure what I will owe for my Revlimid, a derivative of thalidomide that is keeping my multiple myeloma in check. The drug is extremely expensive — about $11,000 retail for a four-week supply, $132,000 a year, $524 a pill. Time Warner, my former employer, has covered me for years under its Supplementary Medicare Program, a plan for retirees that included a special Writers Guild benefit capping my out-of-pocket prescription costs at $1,000 a year. That out-of-pocket limit is scheduled to expire on Jan. 1. So what will my Revlimid cost me next year?

Medicynical note:  Anyone believing our non-system is the best in the world should need such drugs.  While  drug companies  spend a great deal to develop medications,  their costs are inflated and overstated.  Efficiency is simply not on their agenda.  Nor is patient well being, access or for that matter outcomes. 

It’s the money stupid!  Charging more than twice the median U.S. income for a single drug that patients in life-threatening situation, any single drug,  is simple blackmail.  It reflects an industry and economy gone mad.

Disabilities Treaty: Voted down by Republicans

Is it any wonder that the world is looking elsewhere for leadership?  155 nations approved this treaty which protects the rights of those with disabilities and which was based on our own Americans with Disabilities act of 22 years ago.  But our Senate sort of voted it down.  38 members opposed, enough to keep the legislation from the necessary 2/3rd majority.

Why, you may ask?

Other conservatives were deeply suspicious of the United Nations, which would oversee treaty obligations. Those who opposed the treaty included former senator and Republican presidential candidate Rick Santorum, the father of a developmentally disabled child who had traveled to Capitol Hill last week to encourage fellow Republicans to vote no.

He and other conservatives argued that the treaty could relinquish U.S. sovereignty to a U.N. committee charged with overseeing a ban on discrimination and determining how the disabled, including children, should be treated. They particularly worried that the committee could violate the rights of parents who choose to home school their disabled children.

And:

Supporters dismissed those fears as paranoid, noting that the treaty would change nothing in U.S. law without further approval from Congress.

Medicynical Note:  We are so wimpishly paranoid that republicans actually believe that “outsiders” can sneakily  “force” actions on us without our consent.  This  from the “leader” of the free world.

Refused Abortion, Woman Dies: It Could Happen Here!

It’s sad and a bit disconcerting that this happens

“On the Saturday night everything changed, she started experiencing back pain so we called into the hospital, the university hospital.”

He said she continued to experience pain and asked a consultant if she could be induced.

“They said unfortunately she can’t because it’s a Catholic country,” Mr Halappanavar said.

“Savita said to her she is not Catholic, she is Hindu, and why impose the law on her.

“But she said ‘I’m sorry, unfortunately it’s a Catholic country’ and it’s the law that they can’t abort when the foetus is live.”

Medicynical Note:  Medical decisions in pregnancy should be under the complete control of the patient and her doctor.   There is no role in the processes for outsiders, including religious true believers and politicians.

Regarding “freedom of religion” it is enough that a person can apply their own beliefs to their own situation, without forcing the on others.  That is true freedom of religion.

Compounding Pharmacies: Another De/inadequate Regulation Nightmare

Physicians around the country are dealing with a iatrogenic disaster.  281 people with difficult to treat fungal meningitis and 28 deaths so far.  This was a completely preventable and unnecessary complication of our  belief that we need less regulation and the ill fated notion that less regulation=freedom.  In this case that freedom is literally killing people.

The problem is that a large compounding pharmacy in Massachusetts marketed a a contaminated drug used to treat problems with spinal joints.  The fungal contamination then apparently entered the spinal canal causing the meningitis for which there a limited and relatively ineffective treatments.

There is been a long history of conflict between the FDA and compounding pharmacies.

The deadly meningitis outbreak linked to contaminated pain injections has prompted calls for tighter federal regulation of compounding pharmacies, which have periodically been blamed for crippling and sometimes fatal injuries. But this isn’t the first time Congress has pushed for more authority over the industry.

Such efforts stretch back to the 1990s, and after vigorous pushback by compounding pharmacists, they have left a patchwork of incomplete, overlapping laws, contradictory court rulings and overall uncertainty about how much power the Food and Drug Administration has to regulate compounders.

And:

The International Academy of Compounding Pharmacists has spent more than $1 million lobbying Congress in the past decade and has a track record of defeating measures opposed by the industry. A 2003 provision to set up an FDA advisory committee to oversee compounders was killed by then-House Majority Leader Tom Delay, (medicynical emphasis) who said it would createunnecessary federal interference. Delay represented Sugar Land, Texas, the headquarters of the compounding academy.

Medicynical Note:  These cases of meningitis signal a failure of regulation.  Responsibility lies with the companies involved, those procuring substandard drugs, congress, the courts and ultimately the FDA.

This brings to mind the medicynical contention that we have a non-system of health care but do have a medical industrial complex that is better at generating revenue than caring for people.  

American exceptionalism has led us down the path of the most expensive, most inefficient and perhaps the most error prone health care in the industrialized world.  

The Emperor’s Clothes–U.S. vs Canada Health Care

The following links  compare our non-system of health care with the national health program of Canada.

It’s a stark contrast and  explains why so many American are forced into bankruptcy by health care expenses.

This talks a bit about the costs of having a baby in the U.S.  even if you have “good” insurance–several thousand dollars.

As opposed to Canada where the total medical cost of childbearing appears to be  $25.  The interviews in this article also highlight the satisfaction of Canadians with their system of health care.

 

The Medical Industrial Complex: It’s the Money Stupid!

In health care, we’ve developed a system of money making that’s unprecedented.  What once was a profession that at least gave lip service to patients and health care–remember the “sacred patient doctor relationship?” or the “ethical” pharmaceutical industry?–has evolved into a money grubbing borderline ethical business.

Gaming the billing system has become the norm.  When our local “non-profit” hospital (run by a Catholic hospital conglomerate) bought out medical practices in our area, costs dramatically increased.  Coding for visits moved to more expensive levels.  The hospital  billed an additional facility fee even while the practices remained in the same location as before.   Procedures previously done out of the hospital were moved into their facility.  Instead of finding ways to provide efficient economical care, providers (and suppliers) even so-called non-profits seek to maximize revenue.  This is happening at every level of our health care mess and is one of the major causes of our  ridiculous cost inflation over the past 20 years.

More on gaming our non-system here:

Between 2001 and 2010, doctors increasingly moved to higher-paying codes for billing Medicare for office visits while cutting back on lower-paying ones, according to a year-long examination of about 362 million claims. In 2001, the two highest codes were listed on about 25 percent of the doctor-visit claims; in 2010, they were on 40 percent.

 

 

Conflicts of Interest in Genetic Counseling?

Being on the payroll of a company that pays commissions (kickbacks—medicynical observation)  for more business sounds at least unethical in a medical practice.  If the service provided is more than a person needs and if the relationship with the company is not fully revealed,  it could be criminal.  Something out of a HBO crime  family show?  No it’s simply the way genetic testing is encouraged in the U.S.

Now, as the number of tests and the money to be made from them are exploding, another question is being asked by professionals in the field themselves. Is it ethical for genetic counselors, who advise patients on whether to undergo testing, to be paid by the companies that perform the tests?

While it might not always be immediately obvious to patients, some counselors offering them advice in hospitals and doctors’ offices work for the commercial genetic testing companies, not for the hospitals or doctors themselves.

The testing companies appear to have business arrangements with hospitals and practices that recommend the use of the company’s counselors and product.  They and/or the counselor often  pay for office space in the facilities, to facilitate access to patients.   The counselors get paid more for an increased volume of testing.  When the full details of the arrangement is known the conflict of interest is quite likely to be worse.

For example, are the counselors full employees with benefits from the testing company or are they contractors?  If they are contractors than the extra payments for increased volume have more the flavor of a kickback than a “bonus” to an employee for good service.  In either case, the arrangement borders, in my view, on being unethical particularly if the relationship between the counselor, testing company, doctor and hospital is unclear.

Medicynical Note:  A cleaner way of doing this would be to have a completely separate office/facility for the genetic counselor with the relationship between the facilities clearly and understandably spelled out. 

Drug Costs: If Not Patients, Who Pays?

The NY Times had an article earlier in the week bemoaning the increasing costs of expensive drugs for patients.  Insurers are increasing the co-pays and deductibles in an attempt to control their costs and perhaps decrease utilization.

The article cites the case of a hemophiliac boy with drug costs exceeding $100,000/year.  His family cannot afford increased payments of up to 1/3 of the drugs price.

State lawmakers are stepping in:

Spurred by patients and patient advocates like Ms. Kuhn, lawmakers in at least 20 states, from Maine to Hawaii, have introduced bills that would limit out-of-pocket payments by consumers for expensive drugs used to treat diseases like cancer, rheumatoid arthritis, multiple sclerosis and inherited disorders.

Needless to say drug companies who reap excessive profits from these expensive drugs are ecstatic at the notion of lowered copays, anticipating an increase in utilization. 

The article notes that these patent holding companies take advantage

Such drugs account for only 1 percent of total drug use, but 17 percent of drug spending by private insurers, according to IMS Health.

And costs are soaring as more such drugs come to market and as manufacturers raise prices. In 2010, spending on specialty drugs jumped 17.4 percent, compared with only 1.1 percent for other drugs, according to Medco Health Solutions, a pharmacy benefits manager that merged this month with Express Scripts.

Medicynical Note:  The issue here is monopoly, and not the board game.  Our government in hopes of spurring “innovation” provides a generation long monopoly to drug manufacturers who develop  new drugs.  In the past such exclusivity was used judiciously  by drug companies.  Prices for patented agents were high but not so high that they were unaffordable.

In the late 80’s and early 90’s, after the passage of the  Dole-Bayh act, manufacturers were allowed to take private new drug advances developed at universities with government funds.  Everyone, the researchers, the universities and the drug companies became owners of the patent and drove the price of advances up.  More entities on the patent means more people wanting a share of the profits.

The free for all has indeed resulted in new drugs, some very effective, the medication cited for hemophilia and imatinib mesylate (Gleevec) for chronic myelogenous leukemia for example.  But the patent protection afforded  allows companies to apply monopoly pricing to their agents.

Before the 90’s no drug approached a yearly cost of even 1/3 the median U.S. income.  Now on a regular basis for a variety of serious illnesses, drug companies price their agents in the range of $100,000/year and more.  An amount that is almost twice the U.S. median income.  It should be noted that just a few of these new drugs are major advances.  Most offer an incremental benefit  for a small proportion of the patients treated.  But all are marketed to desperate patients willing to try anything to ameliorate their symptoms and/or live longer

The irony is that we’ve developed a new medication “system” that we can’t afford.  Insurers, patients and our government are going broke trying to accommodate drug company pricing. 

It’s a little like trees falling in the woods.  If you have a drug that you can’t afford, is there really a drug?

More on the Court’s (Some Justices) Supreme Indifference

This says it very clearly:

Justice Alito said that if he didn’t buy a Volt, the price of Volts would go up. Where did he learn that? Yale Law School? I hope not; I was there with him and I don’t remember learning that if demand falls, then prices go up. It’s the other way around: if customers won’t buy at a certain price, suppliers lower the price. It’s not that complicated — for most goods and services.

The same is true of vegetables, which is what Justice Scalia cared about. Better he should eat them than make a metaphor out of them.

But insurance is an exception to the normal rule of price being determined by supply and demand. That is because the price of insurance is determined by the risk pool, or in other words the likelihood of needing insurance among the group of purchasers of insurance. Insurers try to avoid selling to those who will actually need the insurance, and cause the insurer to make payments. They wish to deny insurance to those who will likely need it, or they want to charge more money for insurance to those who are likely to need it. (This was why part of Obamacare was to preclude insurers from denying insurance to those who are already sick.)

Read the rest of the article!

Medicynic:  I would have hoped that four of the five conservative justices were smarter than they demonstrated at the hearings on health reform  The fifth, Justice Thomas, is hopelessly compromised as his wife has publically opposed health care reform and the Thomas family has received income from the Liberty Lobby a group opposed to reform.  Amazingly unethical but not surprising that he chose to hear the case. 

Emergency Care Access for Indigent?—Limited in the U.S.

Kaiser Health News notes:

Last year, about 80,000 emergency-room patients at hospitals owned by HCA, the nation’s largest for-profit hospital chain, left without treatment after being told they would have to first pay $150 because they did not have a true emergency.

Sound’s reasonable? 

Physicians worry that sick people will forgo treatment. There is no data on how many who leave the ER without treatment follow up with visits to doctors’ offices or clinics.

“This is a real problem,” said Dr. David Seaberg, president of the American College of Emergency Physicians, who estimated that 2 to 7 percent of patients screened in ERs and found not to have serious problems are admitted to hospitals within 24 hours. (Medicynical emphasis)

“After you’ve done the medical screening, it makes little sense to not go ahead and write a patient a prescription,” said Dr. Michael Zappa, a Boca Raton, Fla., hospital consultant and former president of the Florida College of Emergency Physicians.

Medicynical Note:  ER care is not a solution to the severe health care access problem for the indigent and those lacking insurance.  ER care is the most expensive and most inefficient care in the world.  However, at present, most locations in our country do not have alternative more efficient facilities available.   And when people with medical problems, seemingly “non emergent” are turned away we create an incubator for the development of serious problems.  This is hardly an enlightened or reasonable health care system.

What distinguishes the U.S. health care from that provided in other industrialized countries is that ours is not provided in a systematic organized fashion.  As we’ve noted it is a non-system of care, that is slowly but surely bankrupting us individually and collectively.

Our conservative friends may be in denial but health care reform approaches this ethical medical issue by assuring coverage to almost all of us.