Category Archives: Ethics

Unitedhealth–Scamming doctors, scamming patients, the American Health care system

United Health has agreed to pay 50 million dollars

“Ending a practice doctors say underpaid them and led to higher costs for patients, UnitedHealth Group Inc. on Tuesday agreed to pay $50 million to establish a new database that will be used to determine rates for patients who choose physicians outside the insurance giant’s network.”

But of course while paying the money Unitedhealth denied wrong doing.

What’s remarkable about this is that other insurers use this database and also have underpaid for services, so the problem is broader than Unitedhealth:

“But because other health plans, such as Blue Cross and Blue Shield of Illinois, use the Ingenix database to determine their rates for out-of-network care, the impact is much broader”

Medicynical note; Unitedhealth and other insurers have single-mined devotion to making money. Whether that requires scamming doctors as above, scamming patients, or increasing Unitedhealth executive salaries,

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Samuelson’s solution to Healthcare– Increase taxes

It’s fascinating to watch the health care debate develop. This today in the Post:

“We could charge the elderly more for Medicare. We could tax employer-provided health insurance as ordinary income. We could create a dedicated federal tax to cover government health costs — if health spending increased more than revenue, the tax would automatically rise. People would quickly feel the costs of our present system. Of course, that would be unpopular, because it would compel Americans to face a discomforting issue — how important is health care compared with other priorities?”

Medicynical note: Mr. Samuelson seems to think we need to increase the costs to people by increasing taxes on health care. His proposal, however, will increase those who cannot afford health care much less more expensive insurance. He believes this will decrease use of the health care system and decrease costs. A little like the “let them eat cake” solution.

Free market approaches in health care simply don’t work. Patients are not in a position to comparison shop and cannot be fully aware of cost implications and all the options. Health insurance, for example, has been a “free market” for years and failed to providing affordable comprehensive care. Insurers are more concerned with their bottom line than quality care.

As noted by the McKinsey study, health care has become unaffordable. Insurance is overpriced; cost effectiveness is not a consideration; and utilization in some areas is excessive. Overpricing, as advocated by Samuelson, increases the uninsured, the tendency to delay preventive medical services and the use of expensive inefficient emergency rooms. His solution is more of the same and does nothing to decrease inefficiency and waste in the system.

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PacifiCare (UnitedHealth) Fined for Denying Claims without reason

In Oregon, PacifiCare, a division of United Health, has been fined for denying claims without investigating whether the patient’s problem was covered by their policy.

“The consumer and business services’ insurance division found that PacifiCare Life Assurance had refused to pay for claims without first contacting enrollees or their health-care providers, Martinis said.”

“State officials also determined that PacifiCare failed to act promptly on claims and made enrollees with pre-existing medical conditions wait one year for coverage. Oregon law requires insurance companies to cover pre-existing conditions after a person has been enrolled in a health plan for six months.”

“As a result of the state’s investigation, PacifiCare Life Assurance performed an internal review and paid nearly 5,000 claims that it previously denied without first conducting an investigation.”

“The insurer also took corrective action and paid more than 2,000 claims to which it had applied a 12-month pre-existing conditions provision.”

Medicynical Note: This company insures only 13,000 people in Oregon. They apparently denied 7,000 claims from this small population. Does anyone believe that these practices are limited? Are limited only to Oregon? Only to this division of UnitedHealth?

Private insurers are not there to provide coverage for or access to quality health care, they are in it for the money. The sooner we understand that the fiduciary responsibility of these companies is not to do good, the sooner we will be able to have a better, more responsive, possibly less expensive health care system.

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Paying for Healthcare: who pays the costs of the uninsured

Our non-system of health care has institutionalized the most inefficient, most costly and least effective way of paying for and delivering health care. The problem is most extreme for those who are indigent and/or have no health insurance coverage. They/we pay more for lousy health care. No wonder our health care outcomes are so mediocre.

People who are uninsured and have no access to health care are forced to delay care. Minor problems become major and costs for care, when sought, are higher. Guess who pays these higher costs when the uninsured can’t pay their bills?

When the uninsured and/or indigent become sick their problems are handled inefficiently (at ER’s for example) and other higher cost facilities. Guess who gets to pay for these excess costs when the uninsured are unable to pay?

If an uninsured person is fully indigent he/she may qualify for Medicaid. Guess whose taxes pay for this insurance?

Finally, w hen an uninsured person shows up at a hospital or other facility he/she pays retail. That is, their charges do not reflect the discount that insurers and industry insiders negotiate. So those least able to pay end up paying the most. That’s the reason one of the leading causes of bankruptcy in the U.S. is medical bills. Guess who pays for these unpaid bills with increased charges for their own services?

All of this goes away with universal coverage in a national insurance program. We need that change, now!

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PET Scans, Very Costly but Becoming Routine–does it always improve outcomes?

At a tumor board today we discussed a case of a 80 year old woman, with a 55 year smoking history that continues to today. She presented with moderately severe chronic lung disease and a lung mass that impinged on her bronchi. A biopsy showed this to be a non small cell lung caqncer. There were several small indeterminate satellite lesions that were thought likely to be tumor–too small to biopsy.

The pulmonologists thought her poor breathing capacity eliminated the possibility of surgery to remove the tumor. The surgeons also didn’t think the tumor was resectable. The radiation oncologist thought she should have a PET scan to see if her disease was curable with radiation treatment–highly unlikely in similar cases even in the best of circumstances. His thinking was that he would use different technique if the disease were not local–though the CAT scans already showed several suspicious lesions away from the original tumor site.

It should be noted that PET scans often miss small metastatic lesions and if positive require biopsy confirmation. So a negative PET showing no spread would have a good chance of being incorrect. And a postive PET would require some confirmation to act on it. All this in an 80 year old with non-resectable lung cancer.

That decision to do a PET scan costs about $4000 in our institution. The range of cost around the country is between $3000 and $6000.

In no other endeavor involving individuals are such expenses incurred, with so little consideration of expense and in this case with so little expectation of a successful outcome. It’s one of the reasons our healthcare costs in the last year of life are excessive.

In the woman’s case above it could be reasonably argued that the chance that this tumor was local was virtually nil and that she should be palliated with local irradiation to relieve the tumor related respiratory symptoms and then treated symptomatically.

In my view she has no chance of cure whether she has the PET scan or not.

Can we afford such testing? Where do guidelines end and physician judgment begin? Don’t we pay physicians to excercise judgment and don’t they need to include cost efficacy in their patient care decisions?

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Unitedhealth It’s all about the MONEY

The Wall Street Journal (behind the wall) notes this about recent SEC rulings on Unitedhealth backdating options for executives.

“The company’s former General Counsel, David J. Lubben, agreed to a $575,000 penalty in the case.”

“Mr. Lubben also will repay $1.4 million in gains and $347,211 in prejudgment interest. In addition, he agreed to an order barring him from serving as an officer or director of a public company for five years and from appearing before the SEC as an attorney for three years.”

This is not the first time this company has moved money from patient care to executive compensation:

“A year ago, in one of the largest executive-pay givebacks in history, former UnitedHealth Chief Executive William McGuire agreed to forfeit about $620 million in stock-options gains and retirement pay to settle civil and federal-government claims related to stock-option backdating.”

This type fraud while not on the Madoff level does raise the question of who the company is in business to serve. Patients or executives? Until now it appears to be the latter and Medicynic is not optimistic that this will change.

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Sin vs The Wonders of Technology

I have a wonderful grandchild, the product of in-vitro fertilization and am grateful for his life.

However, the medical experts of the Catholic Church, (more here) in their wisdom seem to believe that the in-vitro technique that helped bring him into existence is somehow sinful. In their latest guidelines on bioethics they:

“condemned artificial fertilization, embryonic stem-cell research, human cloning and drugs which block pregnancy from taking hold.”

“A long-awaited document on bioethics by the Vatican’s doctrinal body also said the so-called “morning after pill” and the drug RU-486, which blocks the action of hormones needed to keep a fertilized egg implanted in the uterus, fall “within the sin of abortion” and are gravely immoral.”

I can presume it remains a sin to use conventional birth control as well. Also not mentioned is the sensitive issue of abortion even in cases of rape and incest.

In places where Catholic Institutions dominate health care as in my home town, (one hospital and many physicians directly employed) these limits present major issues of access for those of us who disagree.

Most of us will ignore such medieval top down pontification and I for one will honor the effort of my kids to become parents of a wonderful truly miracle child.

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Drug Prices– Patent Reform is Essential to Health Care reform

Fascinating article on the use of cost efficacy data to determine coverage in the U.K. The scheme in the U.K utilizes an impartial board the National Institute for Health and Clinical evidence (NICE) to look at evidence based results and the costs of medications. They then recommend for coverage based on the efficacy and the availability of resources to pay in the system. A rational approach? Rationing?

Both! With single drugs alone costing more than the median and average incomes in our countries we need to evaluate what their use actually accomplishes. In the U.S. we implicitly ration and have done so for many years by pricing insurance beyond the capability of many citizens (50 million approximately) and adding deductibles and co-pays that put many new drugs beyond the reach of patients.

The Time article points out the industry attitude:

“but industry advocates were not so kind. Robert Goldberg, vice president of the Center for Medicine in the Public Interest, an advocacy group financed by drug makers, likened Dr. Rawlins and his institute to terrorists and said their decisions were morally indefensible.”

Despite this a great number of countries are implementing similar schemes.

“For years, Britain was almost alone in using evidence of cost-effectiveness to decide what to pay for. But skyrocketing prices for drugs and medical devices have led a growing number of countries to ask the hardest of questions: How much is life worth? For many, NICE has the answer.”

“Top health officials in Austria, Brazil, Colombia and Thailand said in interviews that NICE now strongly influences their policies.”

“”All the middle-income countries – in Eastern Europe, Central and South America, the Middle East and all over Asia – are aware of NICE and are thinking about setting up something similar,” said Dr. Andreas Seiter, a senior health specialist at the World Bank.”

In fact the problem of drug pricing is based on drug company greed and inefficiency. The Pharmaceutical industry spends far more on marketing than research; rewards company executives and patent holders extravagantly; and ignores tax funded public supported research’s contribution to new drugs. Medicynic has pointed out the minimal drug company investment necessary for the drug imatinib (Gleevac), priced at over $50,000/year. The Time article points out other abuses.

“Celgene’s first big seller was thalidomide, a decades-old medicine now used as a cancer treatment, which is so cheap to manufacture that a company in Brazil sells it for pennies a pill.”

“Celgene initially spent very little on research and priced each pill in 1998 at $6. As the drug’s popularity against cancer grew, the company raised the price 30-fold to about $180 per pill, or $66,000 per year. The price increases reflected the medicine’s value, company executives said.”

“In 2005, the company introduced Revlimid, a derivative of thalidomide that is supposed to be less toxic, but may be no more effective. Celgene priced it at about $260 per pill, or $94,000 per year.”

It’s truly your money or your life. Is that what the company executive meant by value? Gold at 800/ounce is cheap compared to these agents.

Drug manufacturing is the new alchemy with the irony being that many of the newer agents are only marginally better than previous treatments. They are undoubtedly an improvement but is the cost/unit improvement worth bankrupting the health care system.

We need patent reform and aggressive negotiations with drug manufacturers to curb excessive pricing. (See this for proposals) There is legislation that requires reasonable pricing for government research funded advances that has never been applied. And lastly we should have an organization like NICE that objectively evaluates new advances, costly or not, and provides guidelines for payment and their use.

The question is whether the new administration has really isolated itself from Big Pharma’s influence. We’ll see soon enough.

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More Conflicts of Interest

The NY Times (11/30/2008) has a terrific article on Barry McCaffrey and other military types who work promoting defense industry clients to the Pentagon. What’s so insidious about McCaffrey and some others are their use by the news media as “objective” commentators on foreign policy, military matters and war.

“The president of NBC News, Steve Capus, said in an interview that General McCaffrey was a man of honor and achievement who would never let business obligations color his analysis for NBC. He described General McCaffrey as an “independent voice” who had courageously challenged Mr. Rumsfeld, adding, “There’s no open microphone that begins with the Pentagon and ends with him going out over our airwaves.”

“General McCaffrey is not required to abide by NBC’s formal conflict-of-interest rules, Mr. Capus said, because he is a consultant, not a news employee. Nor is he required to disclose his business interests periodically.”

Medicynic doubts both the “independence” of the reporting and recommendations of these employees of the military industrial complex. They have the same veracity problem as medical people in similar roles on the payroll of the medical industrial complex. Money rules!

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Generics and Evidence based medicine–Big Pharma’s influence

It’s about the money, not the patient!

It’s not surprising to hear that drug companies try to block the release of competing lower cost products. Our patent system has become an instrument of monopolies and needs revision.

Add that to pharmaceutical companies’ campaigns to undermine evidence based recommendations of less expensive medications and you have a system based on maximizing cost not benefit.

“A confluence of factors blunted Allhat’s impact. One was the simple difficulty of persuading doctors to change their habits. Another was scientific disagreement, as many academic medical experts criticized the trial’s design and the government’s interpretation of the results.”

“Moreover, pharmaceutical companies responded by heavily marketing their own expensive hypertension drugs and, in some cases, paying speakers to publicly interpret the Allhat results in ways that made their products look better.”

In the U.S. value and cost/effectiveness are deemphasized as considerations in treatment decisions. Providers are influenced in many ways in their choices for patients. One would hope that patient outcome is the primary concern but it appears that personal gain, drug company emollients, and over the top pharmaceutical company advertising are major factors as well.

We can’t afford our health care and 50 million people have no health coverage; medical expenses are among the leading causes of bankruptcy; and our health outcomes are mediocre when compared with other industrialized countries.

This is not a great advertisement for the so called “free market” system.

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