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8/9/2019 Michael Dukakis's health care memo
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HEALTH COST CONTROL IN MASSACHUSETTS
Health costs in the Commonwealth have been climbing at an alarming rate for the past
several years. After what appeared to be a period of stability in the late 1990s, they have
been regularly rising at double or triple the general rate of inflation. Particularly now
when the Commonwealth has adopted an ambitious new plan to insure virtually everyonein the Commonwealth, those kinds of increases are simply not sustainable. The latest
reports tell us that we are now facing another ten percent increase in costs this coming
year.
A bewildering array of proposals have been made to try to stabilize the situation over the
past several years. In fact, it seems as if we have a new proposal just about every year.
First, it was managed competition and managed care. Then it was co-pays and
deductibles, including tiered deductibles for prescription drugs. Then it was something its
proponents call consumer driven health care, a euphemism for high deductible policies.
Then it was electronic records. More recently, we have been told that pay for
performance and a medical home are the answers.
Regrettably, there is no evidence that any of these ideas, however well intentioned, will
have a significant impact on health costs, at least in the short run. And it should be
unmistakably clear by this time that market forces dont work in health care. In fact, it is
highly questionable that we would want a competitive market in health care, even if it
worked. Creative destruction may be a great thing for the market place. It would be a
disaster in health care.
In short, it is time for the Commonwealth to recognize the facts and get serious about
intelligent and thoughtful regulation of health costs and the capital investments that often
drive them. That means two fundamental thingsfirst, regulation of health insurance
premiums by the state insurance commissioner, authority she already has, and, second, a
return to a strong and effective determination of need program which, until the Patrick
administration took over, had been virtually abandoned by the State Department of
Public Health.
1. Insurance premium regulationTwenty years ago the Commonwealth was one of a number of states that
regulated hospital charges in a detailed and highly complex way. It abandoned that
system for an unregulated marketplace in 1993, and the results have for the most part
been a disaster. Even that system, however, did not have an impact on the other elements
in the health cost control equation.
The easiest and least bureaucratic way to control overall health costs is by using
the authority the state insurance commissioner already has to regulate premiumsa
regulatory approach that recognizes and rewards necessary primary care as well as in-
patient services and reduces the need for expensive tertiary care. Nor is this a radical
departure from what she already does in at least one related field. Workers compensation
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premiums are reviewed and approved by the Commissioner and have been for years.
Over forty percent of those premiums represent health care costs. In short, working with
the State Rating Bureau, the Commissioner already has a mechanism in place which
could easily be applied to health costs generally.
It is true, of course, that a substantial number of employers in Massachusetts selfinsure. But these employers typically hire an insurer to handle their claims. Therefore,
any cost savings efforts like, for example, better provider reimbursement contracts
undertaken by insurers as a result of the regulation of premiums in the traditional
insurance market should also produce savings in the self-insured market.
We are under no illusions about what could be the reaction of some insurers and
providers to such a proposal. On the other hand, we have talked with enough hospital and
health care executives to know that they all understand how unacceptable the current
situation is for patients, providers and insurers alike. They should obviously be brought
into a consensus building process led by the governor and his top health care deputies,
but if insurance regulation is done in a thoughtful and well informed way, all will benefit,and we will finally do something about a situation that virtually everybody agrees is
neither acceptable nor sustainable.
2. Determination of needTwenty years ago the Commonwealth had a determination of need system that
had teeth and was effective despite numerous efforts to get around it through legislative
amendments. Unfortunately, beginning in the early 1990s, those efforts resumed, and
when the Weld administration began acquiescing in attempts to award certificates of need
by legislative action, the DON process was effectively dead. The result has been a virtual
orgy of hospital expansion and construction often unrelated to the Commonwealths
needs and designed primarily to capture market share, not serve the overall public good.
Recently, the Patrick administration took an important step back toward the kind
of DON system which we abandoned when it indicated that it would no longer allow
academic medical centers to invade the province of community hospitals with high cost
care. But nothing short of a full return to a robust, well informed and effective DON
system will make the kind of contribution to cost reduction and sensible health planning
that all of the other advanced industrialized nations use as a matter of course and that
helps them to keep their costs at one half or less of ourswith better health outcomes.
Moreover, a reinvigorated DON system should be working closely with the state
Health and Education Facilities Authority HEFA) to ensure that a thoughtful state and
regional capital expenditure plan adequately addresses the needs of the health system
going forward.
Such a system should also include the reestablishment of regional health planning
agencies that can review requests for DONs before they arrive at the state Public Health
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Council. Those planning agencies did very effective work in the 1970s and 1980s. They
are an important part of any sensible and effective DON process in the future.
3. Reestablishment of the Massachusetts Health Purchasers GroupIn 1993, with the strong leadership of key business leaders and the state groupinsurance commission, a state purchasers group of employers who insured collectively
over a million lives was created to exercise the kind of clout that only such an
organization can provide. For several years it did impressive work, and its annual
announcements of what kinds of increases it would accept and no more had a profound
effect on state health costs without in any way diminishing the states reputation for the
excellence of its health care.
For reasons that are not particularly clear, many of its members gradually seemed
to lose interest and faded from the scene. We need it back to backstop the proposed new
regulatory system and regularly appear before the insurance commissioner in hearings on
proposed rate increases. This is precisely what the business community does in ratehearings on workers compensation. There is no reason why it should not do the same
thing in its own as well as the public interest in rate hearings on proposed increases in
health insurance, so much of which it pays for.
We recognize that these proposals will require strong leadership from the Patrick
administration, the business, labor, and insurance communities, and health care providers
themselves. But the Commonwealth has no alternative. As it moves closer and closer to
universal health care, it finds itself threatened with intolerable spending pressures which
are not sustainable and which at the same time are robbing it of the resources it needs to
rebuild our badly fractured public infrastructure, educate our children, and do all of the
other things we expect of it.
The legislature has just approved legislation sponsored by the Senate President
that is an important step on the road to health cost control. That legislative effort should
now be combined with the effective use of the executive branchs existing authority to
regulate health insurance premiums and capital expansion of the health care system.
Working together, we can finally begin to get control of runaway health costs and ensure
the success of the Massachusetts health reform plan.
There is a reason other advanced industrialized nations seem to be able to provide
their citizens with quality health care at a cost less than one half what it costs us here in
the Commonwealth. They do not indulge themselves in nostrums about the market place
or competition, managed or otherwise. They regulate the overall cost of health care and
capital investments in their system. And they do so while insuring everybody with
outcomes far superior to ours.
It is time we took a leaf from their book by using our existing statutory authority
over health insurance premiums and capital investments. And we know how to do it. All
it requires is the will and the building of consensus which we are confident the new state
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administration can provide as it seeks to preserve the gains we have made under the new
system at a cost we can afford.