Friday, March 9, 2018

Fixing Healthcare Part 3C: Odds and Ends




Here are some other issues that would come up in a transition from our current health care system to a Guaranteed Healthcare Entitlement (GHE).


Where does the money come from? Well to begin with the money is already coming from somewhere so we could start by identifying the current sources and creating a system around that.  For instance, there could be corporate tax at approximately the rate they pay currently for health care which, from talking to at least one business owner, they would embrace in a heart beat knowing that that rate would be fixed for at least a decade.  However, it should be structured in a way that it is not based on the number of employees so as not to discourage hiring.  Medicare contributions from salaries could still be collected. A small 1 – 3 % tax on non-wage income again fixed for at least a decade could be created to cover any shortfall. 

Where does the money go? Of the $3.3 trillion we spend on health care 80 – 90% would go directly to ACO’s for patient care.   However, there would be additional cost outside of direct patient care. These would include . . .

There would be administrative cost. These would include computing the actuarial tables on which premium payments would be based.  The distribution of these payments to ACO’s would be an expense but much less than current Medicare costs because it would be a monthly lump sum payment for lives covered not a payment for each individual procedure.  Establishing what is covered and standards of care would be required and periodically updated. These would be covered.

The current bill for health care includes government agencies such as the National Institute of Health, the Food and Drug Administration, and the Center for Disease Control.  These would continue to be fully funded.
           
What to do about malpractice: If medical groups are to be open and transparent the malpractice system should be scrapped.

Malpractice is the system we have to identify medical errors and compensate people who are hurt by those errors.  The problem is that malpractice is not a system and it does a very poor job of identifying those errors and providing compensation for the errors. 

Malpractice grew organically out of the fact that there are doctors who make mistakes and there are lawyers to sue them so on a case-by-case basis we have a huge industry that awards payments to around 150,000 plaintiffs annually.[1] It is demonstrably true that there are many more medical errors than this.[2] It has been suggested that this is a reason for even more litigation[3] but the problem is that malpractice itself inhibits the investigative process that would identify individual and systemic problems, formulate corrections, and provide reasonable compensations to the injured.



Malpractice is litigation and to paraphrase Clausewitz litigation is dueling by other means. In addition, when one gets sued, their lawyer immediately advises them that they are only allowed to talk to their counsel, their spouse, or their clergy. In this secretive and adversarial atmosphere in which virtually every physician feels threatened[4] it is virtually impossible for an open and transparent dialogue to take place.

Furthermore, because especially those who, in the current system, are labeled plaintiff and defendant can’t have a dialogue a large part of the healing process is lost.

Finally every discipline has its own system for establishing truth. The legal and medical epistemologies are very different.  Medicine is disinterested, rational, and cooperative; litigation is partial[5], emotional, and adversarial.  In my limited experience legal judgments are hit or miss when they come to accurately reflecting the medical facts. 

This is not to say that medical errors don’t occur. They, of course, do but these errors would be far more likely to come to light in a system if malpractice were replaced with a no fault compensation system for medical errors.  Such a system could be run by the states by strengthening their board of medical licensure and discipline.

In summary the current malpractice system does not allow for the open investigation of medical errors, does not allow for reconciliation between the provider and the patient and family, and in general does not give justice a good name. Health professionals and patients need a better system.

There are of course a lot of other issues that I have not thought of which would effect the implementation and effectiveness of such a radical change in health care delivery.  I would certainly welcome any thoughts from readers on the matter.  If you don’t like this system you don’t have to worry because . . .

1.     I am not emperor.
2.     Most people don’t recognize the long-term deleterious effect the medical industrial complex has on the economy.
3.     Those who are concerned put the blame for health care problems on the insurers or government and not on providers.
4.     Currently, the federal government spends $1.2 trillion dollars on healthcare.[6] With the GHE that number would be 3 times that. Again We the People are already spending that on healthcare but there would still be a significant (I would say knee jerk) reaction to this “socialization” of medicine and corresponding increase in the federal budget.
5.     Since such a system threatens doctors, insurers, lawyers, and drug manufacturers it may be a good thing but the powers (read money) that would oppose it would be all but insurmountable. 













[1] https://www.npdb.hrsa.gov/resources/npdbstats/npdbStatistics.jsp

[5] The fact that medical testimony for both litigants comes experts who are paid by those parties is the antithesis of disinterested and counter to the principles of best medical inquiry practices. 

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