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January 2007
Volume 71
Number 1

Washington Report

HHS Secretary Delivers Harsh Message to Physicians

Ronald Szabat, J.D., L.L.M., Director
Governmental and Legal Affairs



s one of my favorite duties at ASA, I have the privilege of staffing our delegation to the American Medical Association (AMA) annual and interim meetings. Like most physician meetings, it’s a great opportunity to see friends and colleagues from across the country and learn about common struggles and secrets for success. Not surprisingly, ASA has emerged as a powerhouse in the house of medicine with two anesthesiologists, Rebecca J. Patchin, M.D., and Joseph P. Annis, M.D., now serving on AMA’s Board of Trustees; and Dr. Patchin has the added distinction of serving on its Executive Committee. Along with a large section council of anesthesiologists from across many states and anesthesiologists serving on key councils, the ASA delegation to AMA, ably led by our own past president John B. Neeld, Jr., M.D., sets a high standard for leadership. Within the larger house of medicine, ASA continues to highlight important scope-of-practice issues and other matters through policy-making resolutions that it regularly and successfully brings before the AMA House of Delegates. In short, ASA epitomizes through word and deed the motto “together we are stronger.” We need organized medicine, and it needs us!

Against this backdrop of informed policy debate and participatory democracy, the AMA House, like our own ASA House of Delegates, is a place where dedicated physicians come to exchange ideas and learn. Imagine the surprise, then, when a much-anticipated recent speech to the November AMA Interim House of Delegates in Las Vegas, Nevada, by Health and Human Services Secretary Michael O. Leavitt amounted to a virtual denunciation of fee-for-service Medicare in favor of the untested theories of pay for performance and a privatized Medicare system. Even worse, if my ears heard correctly, in the question-and-answer session that followed his remarks, Secretary Leavitt ended up blaming physicians for Medicare’s patently unfair Sustainable Growth Rate (SGR) formula and its annual cycle of regressive conversion factor cuts!

Mr. Secretary, if you’re listening, please consider the following:

First, anesthesiologists, like nearly all good hospital-based physicians, generally cannot “control volume” or patient utilization of services as the evil Medicare SGR formula seems to demand they do. As anesthesiologists know all too well, their contractual obligation to the hospital or other surgical or outpatient facility where they practice is to show up and provide expert anesthesiology medical care without fail to all patients who come before them, be they Medicare, Medicaid, insured or uninsured.

How is it, Mr. Secretary, that anesthesiologists can control volume and help hold down national Medicare expenses without endangering patients? Would you have anesthesiologists deliver less anesthetic or allow pain to take over during surgery? How exactly should anesthesiologists lessen volume? Violate their contracts and refuse to treat Medicare patients? Where is the commitment to the elderly and good medical care in a Medicare system that every year pays physicians less for doing more? And while we’re at it, Mr. Secretary, are you aware that your own agency, the Centers for Medicare & Medicaid Services, recently took an added $4 billion out of Medicare in applying the budget neutrality adjustment in the Medicare five-year review as harshly as possible? Where exactly is this Administration headed when it comes to its commitment to health care for the elderly?

In your remarks, Mr. Secretary, you talked movingly about societal advances since the time of your daughter’s birth and through your granddaughter’s birth. You speculated wistfully about the state of the world when you become a great-grandfather. But what, Mr. Secretary, about the relative number of Medicare beneficiaries at each of these mileposts? Where and how does the unfailingly harsh SGR formula account for an ever-increasing number of Medicare seniors, whose numbers grow by leaps and bounds each year even as life expectancy grows ever longer thanks to medical advances? How will physicians cope when the baby boomers swell Medicare’s ranks in five short years? Why should physicians simply earn less and less each year from Medicare for the privilege of seeing their patient case-mix predominated by the elderly? Does this make sense?

The answer, you seemed to suggest, Mr. Secretary, is for Medicare physicians and patients to embrace the privatization of Medicare, where billions of tax dollars would then flow to greedy managed care executives “managing care” by denying benefits and further ratcheting down payments to physicians and hospitals. Has voodoo economics resurfaced? If the goal is to create a Medicare system that would serve no one but investors in managed care companies, then bravo. Otherwise, Medicare-Advantage is a prescription for disaster, and the Democrats, now in charge of Congress, know it. Stay tuned! The opportunity for health plan accountability has resurfaced!

So, too, with the notion of “pay for performance.” While true bonus payments might ensure that some chronic care patients receive needed care, the applicability of this largely untested concept to the rest of medicine’s patients remains soft science where physicians have to play or lose. So, Mr. Secretary, when you tell the house of medicine that “pay for performance” is the answer to all that ails Medicare, the good clinician must ask where is all this alleged “sub-quality care?” Or is this yet another attempt to divide the house of medicine, pitting one specialty against another, fighting for a larger piece of a static pie? Or worse yet, are we simply handing managed care a new tool to arbitrarily reduce payment?

Mr. Secretary, with all due respect, I fear you are not getting the whole story. Today, the Medicare anesthesia conversion factor stands at only slightly above where it was in 1992 in real dollars, and when adjusted for inflation, anesthesiologists have seen nearly a $4-per-unit drop over these years.

To put it bluntly, this is unsustainable and will soon undermine access by destroying the viability of hospital-based medical care across the country. Now, more than ever, the federal government needs to renew its commitment to Medicare and pay the freight. This will be a major focus of ASA’s advocacy for 2007 and beyond. The battle is joined!



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