| This is the second report from Dr. Horton
regarding the Lansdale Public Policy Fellowship.
His
first report
appeared in the August 2006 NEWSLETTER. |
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s
the second session of the 109th Congress began in
January 2006, the congressional approval rating
had fallen below 30 percent, and the President’s
approval hovered in the low 40s. An unpopular war
in Iraq continued with daily casualties, deaths
and no clear strategy for an end. At home, unsecure
borders and seemingly unresolvable problems created
by illegal aliens were the cause of increasing public
anger. While I continued my congressional fellowship,
my wife worked Tuesdays at the White House answering
telephones. The volume and intensity of telephone
calls from the American public tracked their increasing
sense of frustration. While Americans are frustrated
by events such as a war that cannot be won, they
are even more frustrated by the sense that neither
the president nor Congress appears to be able to
resolve issues.
For most of the 20- and 30-year-old congressional
staff members, the war is a very small part of the
multitextured tapestry of complex issues with which
they work every day. Each congressional office has
a staff of five or six legislative assistants who
share the 30-40 issues each congressperson needs
to be informed about on a daily basis. A health
care legislative assistant also may be responsible
for tax, budget, pension, Social Security and retirement
issues. For many there is a sense of amnesia about
wars that cannot be won.
A policy committee trip to Walter Reed Medical Center
abruptly refocused my memory. The sickly sweet smell
of sweat, urine and open wounds twisted my stomach.
The sights and sounds of head-injured multiple amputees
brought cold sweat to the back of my neck just as
they had when I made postoperative rounds in Saigon
decades ago. My awareness of war is very different
from many of my coworkers.
As Congress returned from the New Year’s recess,
an event occurred that left some of my coworkers
in tears and my job in jeopardy. Tom DeLay, the
House Majority Leader, resigned amid allegations
of improper relations with lobbying firms. Two members
of the congressional leadership and a committee
chairman campaigned to replace the majority leader:
Rep. John B. Shadegg (R-AZ), Chairman of the Policy
Committee (for whom I worked); Rep. Roy Blunt (R-MO),
the Whip; and Rep John A. Boehner (R-OH), Chairman
of the Committee on Education and the Workforce.
Each candidate had a constituency but lacked a clear
majority. The campaign for leader paralleled the
strategies of all elections, solidifying constituencies
while trying to persuade the undecided. Rep. Shadegg’s
personal and policy staff became his campaign staff.
The workday for most congressional staff begins
before 8 a.m. and extends well into the evening.
For the several weeks of the campaign, we stayed
past midnight, preparing campaign materials, letters
and briefing packets for members and background
pieces for the press. The personal staff in a congressional
office is a close-knit family.
The first ballot had produced three candidates who
received a majority of the votes but no single winner.
Before the second ballot, Rep. Shadegg withdrew,
allowing his supporters to join in electing Rep.
Boehner as the Majority Leader. The election demonstrated
an example of strategic alliances in the political
process. Mr. DeLay’s resignation diminished
the focus of public attention on congressional corruption.
The election of a new leader, however, failed to
restore public confidence in the ability of Congress
to resolve issues.
The majority leader race ended Rep. Shadegg’s
tenure as Chairman of the Policy Committee. I was
invited to join Rep. Shadegg’s personal staff,
helping with efforts to bring the Health Care Choice
Act (H.R. 2355 and S.1015) to a vote by the House.
The Health Care Choice Act, sponsored by Rep. Shadegg
and Sen. Jim DeMint (R-SC), would amend current
law to allow for interstate commerce in health insurance
plans for the individual market. The bill would
allow individuals who reside in one state to buy
affordable health insurance plans from other states.
The content of insurance plans is determined by
state governments that mandate which benefits, medical
procedures and practitioners must be reimbursed
<www.heritage.org/Research/HealthCare/wm1164.cfm>.
Each mandate increases the cost of a basic policy
by only 1 percent to 3 percent; it is their cumulative
effect that compounds the cost of health insurance.
The Health Care Choice Act was passed by the House
Committee on Energy and Commerce, with support from
a number of groups favoring affordable health care
for individuals. It was opposed by organizations
that want specific mandated benefits for specific
health conditions or for specific provider groups.
In general those who oppose the bill would like
to see the cost of benefits used by small groups
of individuals spread over all purchasers of health
insurance.
In order to confirm the continuing support of the
Executive Branch for affordable individual health
insurance, another staff member and I went to the
White House’s Old Executive Office Building
to meet with Roy Ramthun, Special Assistant to the
President for Economic Policy. After nearly an hour’s
discussion with Mr. Ranthum, we were politely told
that the president would defer to Speaker of the
House Dennis Hastert. We then met with Speaker Hastert’s
health policy director to determine the speaker’s
priorities for bringing the bill to the House for
a vote. He indicated that although the speaker was
eager to bring the bill forward, the speaker’s
current policy is to bring forward only those bills
that have an assured majority of 218 votes.
Because of the sensitivity to pressures from opponents
on members in closely contested re-election races,
much of the campaigning for the bill was left to
supporting stakeholders in those districts. My efforts
were directed to keeping supporting groups, such
as the Council for Affordable Health Insurance,
informed and up to date. I was also able to draw
on help from coalition contacts that I had made
as a state campaign steering committee member during
the presidential election cycle as well as organizations
representing self-employed individuals in my home
state.
Subsequent meetings with uncommitted members confirmed
that although the bill had 210 supporters, pressure
from groups favoring mandates would make it difficult
to gain additional supporters before November. Philosophical
divisions over the fundamental question of the purpose
for insurance are clear. We are a nation closely
divided on many philosophical issues. The power
of alliances was made clear to me. The challenge
of providing affordable individual health insurance
remains unresolved.
During my time on Capitol Hill, I also was an observer
to Congress’ work on other challenging issues.
The federal response to Hurricane Katrina raised
issues regarding federal preparedness and response
to naturally occurring disasters. The events of
9/11 raised issues regarding our preparedness and
response to human threats. Resolution of these preparedness
issues has proceeded slowly. Competing agendas within
agencies, congressional committees, the House, Senate
and the administration have not been resolved, and
some would question whether we are any better prepared
to respond to large-scale disasters than we were
a year ago.
As a physician on the inside, I was no less frustrated
than my colleagues in practice by the inability
of Congress to resolve issues of critical importance
to the profession. A method for dealing with the
Sustainable Growth Rate formula for determining
the annual update of the conversion factor for the
Medicare Physician Fee Schedule remains unresolved.
Physician payment under the Medicare program has
been an issue since the inception of the program
in 1965. Physicians are the only professional group
that has a majority of their fees for their professional
services regulated by federal price controls administered
through a federal rule-making processes.
Throughout my fellowship, I was relatively successful
at keeping my identity as a physician secondary
to my staff identity. This often resulted in greater
candor in the discussions in which I was involved.
A committee staff member shared with me that her
first assignment in a congressional office had been
to work on the Patients’ Bill of Rights. She
said, at that time, that her only knowledge of health
care was where to mail the check to pay for her
insurance. She also shared that the greatest influence
(negative) on her work came from a health care attorney
who was counsel to a subcommittee. She said she
often felt that he pursued his own agenda rather
than policies that members wanted. Subsequent discussions
with groups of health care staffers made clear that
their understanding of health care is strongly influenced
by notions of managed care and health care economics
currently taught by nonphysicians in schools of
public health. Sadly they are often skeptical about
information provided by practicing physicians.
Younger physicians and congressional staff are seemingly
unaware of the breadth of the total impact of federal
price controls and rule-making on the medical profession.
They have lost sight of the fact that this degree
of federal regulation of a profession is unique
to medicine. Perhaps thinking outside the box is
difficult if you are living in the only box you
have known.
My experience on Capitol Hill has only affirmed
my belief that physicians need to understand how
the system that regulates and pays them works and
how issues within this system can be resolved. Most
importantly they need to understand and decide how
much of their professional effort they want to continue
to subject to federal regulation and price controls.
Perhaps the time has come to consider trading the
security of Medicare assignment for easing the limitations
on balanced billing. This may be a more sustainable
approach than expending efforts on formulas for
payment using theoretical economic models incorporating
variables over which physicians have no control.
Physicians must understand how the current system
works in order to understand that they have the
ability to exercise choice and can enact change
in bringing issues to resolution.
Physicians also must understand the system if they
have any interest in influencing the effect of government
on their lives and their profession. The best way
for each of us to begin is by learning how the government
affects our daily lives and our practices at the
local level.
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William
G. Horton, M.D., is Clinical Professor of Anesthesiology,
University of Washington, and Emeritus Physician,
Virginia Mason Clinic, Seattle, Washington. |
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