April 17, 2013

Comment I made on the Advances in Nursing Science Blog

Of course I am inclined to think that the most significant problem affecting health care policy, the health care system and the quality and quantity of nursing care has to have a timeline that goes back even further than Richard Nixon’s support for health maintenance organizations and the promotion of capaitation as a major form of payment for health care services.

This even longer time frame, two centuries, dating back to Carl Friedrich Gauss’ work on measurement error and the normal (Gaussian) distribution is necessary to really understand the mathematical and statistical basis of the fundamental flaw of capitation financed health care: That capitation cannot work in efficient health care (finance) systems ergot, capitaion cannot drive our health care (finance) systems toward an efficient state.

The core problem of 21st century nursing has to do with resource constraints and insurance risk bearing by health care providers. While resource constraints by themselves are more than adequate to negatively impact the quality and quantity of nursing care the real problem is far more injurious.

When health care providers: Hospitals, Physicians, Nursing homes and Home health agencies bear the insurance risks associated with the care of their patients AND the obligation to care for their patients, it is a simple matter of getting hit from both sets of demands.

Under a fee for service mechanism as the intensity of care required by patients rises so does the revenue stream associated with patient care. As a health care provider steps up to meet the needs of more complex, more intense or longer duration care the health care provider is compensated for the increased level of care rendered.

Under capitation-like health care finance mechanisms the level of payment for care is fixed at the outset. As the intensity of care required by patients rises there is no increase in the revenue stream associated with patient care.

Rather than being able to step up to meet the needs of more complex, more intense or longer duration care the health care provider is compelled to manage the fixed revenues AND deliver the increased level of care rendered.

The problem here is that health care providers have been failing, financially and clinically, at alarming rates since the introduction of the first risk-transferring efforts incuding Kaiser Permanente and the post-Nixonian decision to require employers to offer health maintenance organization coverage to their employees.

The crux of the issue has to do with the proximity of the average cost of providing care to the average for the population cared for. The basis of insurance is that unlike individual policyholders, insurers have an advantage in managing risk that no single policyholder has: While some policyholders will have very high claims which the insurer will have to pay, most policyholders will not.

Large insurers can offer insurance protections to their policyholders at a cost close to the average claim cost per policyholder and still earn very predictable profits every year.

Individual policyholders cannot do the same and small insurers do not do as well as large insurers.

When the insurer is very small: A single Physician, Nurse, Hospital, Nursing home or Home health agency the variation in avaerage costs for their patients, during any specific financial period: Patient, Shift, Day, Week, Month, Quarter or year is far too high. Such risk bearing providers’ service costs may be higher, or lower, than the payments they will receive and the core premise of capitation-like health care mechanisms is that these risk-bearing health care providers will become “more efficient” by reducing the cost of the care they provide.

But, in an efficient health care (finance) system, individual providers do not have the ability to control the severity of illness of their patients. The only way that risk-bearing health care providers can control the costs of care, in efficient health care (finance) systems is by reducing the level of care they provide, lest they, at the end of any specific financial period, become insolvent.

The issue of how health care, and more specifically how nursing care is financed is the defining issue affecting the quality and quantity of nursing care in the 21st Century. If the advocates of capitation succeed in implementing capitation as the sole method of financing nursing care, the quality of nursing care will plummet in all settings.

While the rich will be able to access care on a fee for service basis, the overwhelming majority of the population will not. The poor, disenfranchised, people of color are the ones most impacted by the manner in which health care services are paid. It is the poor and the powerless suffer the delays and denials of diagnosis and treatment that come with capitated health care finance.

Until nursing puts its attention on the singularly most impactful aspect of modern health care, until nurses understand the impact of risk transferring health care finance mechanisms and nurses address these issues in their worksites and at a national level, nursing will continue to offer suggestions for care that will be ignored by the seemingly more sophisticated players at the tables, the people who have the stacks of financial analyses, the reams of paper on how much patient care costs and who seem to understand (But do not) how the health care service system can respond to capitation-like health care finance mechanisms.

Market positioning for private insurers in the face of statutory health insurance reform in Curaçao 2013

April 3, 2013

I recently got a chance to read a very interesting draft of a thesis, Market positioning for private insurers in the face of statutory health insurance reform in Curaçao 2013, prepared by Dennis Arrindell.

The thesis describes the context of health care and health care finance in the Netherlands Antilles and got me thinking about all sorts of things. I suggested to Dennis that we dialogue on a blog about some of the issues it raised for me.

This is the first of what I hope will be several posts/exchanges about topics covered in his thesis and in my work on Professional Caregiver Insurance Risk.

I will leave it to Dennis to introduce himself.

I chose to focus on “efficiency” in this post because I think it is a poorly understood term in the ongoing debate about health care (finance) reform in the US and elsewhere in the world. So here goes…

I think the first thing is that the word “efficiency” is being used in multiple contexts without ever really formulating a coherent definition or standard of efficiency.

I am perhaps hyper vigilant for it because I struggle with it so much myself. So I would suggest careful review of the chapters on how epidemiology, service capacity, service delivery and payment determine the costs for health care, who gets treated and at what overall cost.

The problem as I see it is that no private, for profit insurer can ever really win the “efficiency” argument if by efficiency we refer to converting the maximum amount of premiums into health benefits for policyholders.

The most efficient insurer, based on that definition of efficiency will always be the insurer that elects to operate without a profit margin, without charging a risk premium and which need not set aside any surplus reserve at all because in times of insurance catastrophe it can rely on the unique capability of government to print debt or sell bonds.

When we specify the epidemiology, system resources, treatments that will actually be provided and the amounts that will be paid, at least as broad societal averages, we can begin to set a standard for efficiency with respect to cost, waiting times, diagnostic delays, and treatment delays.

The danger, as it occurs here in the US and around the world is that we simply assume that government insurers MUST be less efficient when their inefficiencies tend to be manufactured rather than unavoidable.So, for example, here in the US, Medicare/Medicaid COULD compel physicians, hospitals, pharmacies and other providers of health related goods and services to cut their profit margins but the special interests involved prefer to hamstring these programs, forcing them to operate inefficiently.

Private insurers are not intrinsically able to bargain better than governments – after all, in the final analysis bargaining takes place between human beings, it is only the red tape designed to make government agencies operate inefficiently that prevents such accomplishments.

But I think there is an even deeper issue here. If I read between the lines, the implication appears to be that it is inherently good for private insurers to engage in profitable operations and that we ought to encourage and support them in this.

I think such a case can, ad should, be made, but one has to be careful that in making this case one is not arguing in contradictory ways.

You have made the point that when profits in the insurance sector are high, the industry accumulates and that this wealth may be distributed to shareholders, re-invested in these insurance companies, expanding their ability to offer insurance, new products or support government through bond purchases or consumers through mortgages.

The wrinkle here is that physicians, hospitals, pharmacies and other providers of health related goods and services can make an identical argument that their profit margins are inherently good because as their wealth rises they will also use that wealth toward the betterment of society. Given adequately strong profits, their wealth may be distributed to shareholders, re-invested in their health services operations, expanding their ability to offer new products and services and/or support government through bond purchases or consumers through mortgages.

If the only way private sector insurers can build their profit margins is by shrinking profit margins of other entities I personally think there is little justification for preferring financial transactions to have higher profit margins than the components of the health care system that actually provide health care services and products.

So, framed this way, the question becomes: What intrinsic value do insurers bring to the table, what benefit to society do insurers produce, that is of such estimable value that it is acceptable for them to extract their profit margins from the profit margins of other economic actors?

Keywords for health care (finance) system reform

March 31, 2013

I am not sure how this blog is indexed by search engines, so these are some keywords that are particularly relevant to my work on health care (finance) system reform:

Average Cost Based Reimbursement Systems

Professional Caregiver Insurance Risk

Standard Errors

Efficient Statistics

Parameter Estimation

Unbiased Statistics

Health Care

Health Care Finance

Probability Theory

Actuary

Actuarial

Ratemaking

Reserving

Surplus

Policyholder Benefits

Maximum Sustainable Benefits

Insurance

Insurer

Risk Assuming Health Care Provider

Capitation

Prospective Payment Systems

Diagnosis Related Groups

Diagnosis Related Group

DRG

DRGs

PCIR

ACBRP

Mathematics

Risk Theory

Solvency

Insolvency

Bankruptcy

Policyholder Surplus

Stockholder Surplus

Ethics

Law

Ethical

Denial of Service

Delayed Diagnosis

Deferred Diagnosis

Denial of Care

Risk Management

Risk Theory

Health Care Risk Management

Enterprise Risk Management

Consultant

Social Worker

Registered Nurse

Mathematician

Statistician

Chartered Property Casualty Underwriter

Reinsurance

Reinsurer

Insurer Efficiency

Standard Errors: Our Failing Health Care (Finance) Systems And How To Fix Them

March 26, 2013

There is a new version of my book on health care finance reform.

Well actually it has been available for a while but I have neglected this blog. So not only is there a new version of the book, as of September, 2012, but there was also a brand new website…

To go directly to purchase a copy of Standard Errors: Our Failing Health Care (Finance) Systems And How To Fix Them you can use this link:

Buy Standard Errors/

If you want to visit the site, you can go to:

http://www.standarderrors.org/

If you would like a copy of my dissertation, you can get it at:

Risk induced professional caregiver despair: A unitary appreciative inquiry/

My working papers, well those that have found their way to the website, can be reached through:
http://www.standarderrors.org/pcir_working_papers

If you think that capitation, the Medicare/Medicaid Prospective Payment Systems for hospitals, physicians, nursing homes and home health agencies are bad, but do not wuite understand how bad, or why they are bad,

Standard Errors: Our Failing Health Care (Finance) Systems And How To Fix Them 

has the answers you are seeking.

Insurance works best when a great many policyholders all buy insurance. Insurance does not work at all if we all buy our insurance from the person living next door. Insurers need a lot of policyholders to benefit from the Central Limit Theorem.

As insurers issue more and more policies, assuming the premiums are correct for the risks being insured, the insurer’s ratio of losses to premiums will more closely approximate the population loss ratio.

As it turns out this is a really good thing because a loss ratio close to the population loss ratio means the insurer can plan for its economic liabilities and will know exactly what its losses will be before it writes the policies.

Rather than having a great deal of risk, a very, very large insurer has virtually no risk at all.

Thoughts on “Why Aren’t State Exchanges Embracing Prudent Purchasing Strategies?”

March 19, 2012

Why Aren’t State Exchanges Embracing Prudent Purchasing Strategies?

 

The following are some of my thoughts on a March 19th, 2012,  Health Affairs Blog by:
by William Kramer

See: http://healthaffairs.org/blog/2012/03/19/why-arent-state-exchanges-embracing-prudent-purchasing-strategies/

for the original blog.

My Thoughts:

It is easy to miss the real problems with the state exchange model. When this happens it is comforting to think that we might tweak a system a bit that was, in what will be the final analysis, guaranteed to fail from the start. Under the tweak approach we can fix a few isolated problems in much the same way that Copernicus fixed a few of the problems with the geocentric universe.

The problem, unfortunately, is that in insurance markets there actually is a single best, most efficient, and least problematic design. The optimal size for an insurer is the largest possible portfolio possible. In the case of health benefits this would entail eliminating hundreds of smaller, less efficient health benefit plans and insurance policies in favor of a single insurer covering all 309,000,000 Americans.

This single insurer, with a single set of benefits, a single set of forms, a single set of standards for evaluating the costs and outcomes of interventions, is the most mathematically efficient insurer possible.

By efficiency I refer, of course, to the proximity the insurer’s loss ratio to the population loss ratio for the population served. No smaller insurer will have loss ratios as close to the population loss ratio as the single largest insurer possible. In fact, simple applications of the Central Limit Theorem will allow us to specify how much further from the population loss ratio a smaller insurer’s loss ratios are likely to fall.

If a relatively large and reasonably efficient insurer, our Paradigm Insurer, has a loss ratio that wobbles around the population loss ratio of 0.7500 from year to year, in a manner that suggests that about 95% of years will produce loss ratios of 0.6500 to 0.8500, how far from 0.7500 would our national health insurer’s loss ratio be likely to fall over the same number of years if it is insuring 309,000,000 and offering identical benefits?

The answer is that the national health insurer’s loss ratio would lie between about 0. 7443 and 0.7557. This assumes that the standard error of the estimate of the population loss ratio for the Paradigm Insurer is 0.0500 and multiplies this by the square root of the ratio of the size of the national health insurer’s portfolio to that of the Paradigm insurer. In short, the standard error of the estimate of the population loss ratio for our national health insurer is about 0.0028, far lower than the Paradigm Insurer’s standard error.

Among the advantages of this largest possible insurer are that it would have a higher probability of achieving reasonable profits, it would have a far lower probability of incurring solvency threatening losses, it would provide higher benefits per premium dollar than any smaller insurer, and it would need far less surplus to assure its solvency. From a purely mathematical viewpoint there is no number of insurers greater than 1 that can compete with these operating characteristics.

No amount of political ranting and intentional misinformation can overcome the obvious advantage of a national health insurer yet this does not stop either the ranting or the intentional misinformation.

Even beyond the mathematical superiority of a single, optimally sized national health insurer, is the elimination of all the inefficiencies that accrue with hundreds of insurance companies, thousands of specific benefit benefit plan inclusions and exclusions, the resulting uncertainties about benefit eligibility, and the massive litigation over benefits, not to mention the waste and inefficiencies involved in insurance underwriting, rate making, reserving, and capitalizing all these inefficient insurers.

So, given that there actually is a mathematically, single most efficient insurer, we must focus on why we continue to look everywhere else but there for solutions to our problems, with all too predictable results.

In the final analysis the answer seems clear enough. Our current system of hundreds of health insurers and health benefits companies accomplishes something that the national health insurer will never be able to accomplish. We succeed in rationing care, limiting access to health care, delaying and denying potentially expensive health care services at arm’s length through our current system.

If we implement a national health insurer we will actually have to decide, and explain in detail, what benefits everyone will be eligible to receive. Politicians and benefit overseers will have to go on record and state that certain kinds of services will not be paid by the national health insurer. Perhaps we will not provide liver transplants to life long alcoholics. We may not provide tube feeding for near comatose patients in their 90s who have not communicated with anyone for years, but are lying in nursing homes because some entity is paying for their care.

This enormously successful ability to ration care, at arm’s length, with the notion of “Plausible Denial” about what we are doing, is the most obvious benefit our fragmented and fractured health care (finance) systems bestow at this point. Unfortunately, our fragmented and fractured health care (finance) systems provide this cover at far greater cost to individual patients, health care providers, payors, and the public at large, than would be the case with an optimally sized national health insurer.

So, the answer really is that the efficiencies the authors suggests could be achieved by combining state health insurance exchanges purchasing with better, more efficient benefit plan purchasers is exactly what our policy planners, researchers, and politicians are working so hard to avoid – a coherent, well documented, health benefit plan that would equally well serve everyone in the United States, where everyone would know what benefits were available, and in which those benefits would actually be provided.

Combing purchasing would eliminate the finely orchestrated system of inconsistent benefit entitlement determinations that have been finely tuned by insurers and insurance risk assuming health care providers, who are motivated by the increased profitability that denying and delaying services provides to them.

This finely tuned health care rationing system saves trillions of dollars each year compared to any imaginable system in which everyone would have the same exact access to health care services whether they were active duty military personnel, homeless veterans struggling with war zone injuries and PTSD, senior citizens, the poor, transients, college professors, or factory workers.

Apparently almost nobody in America really wants an efficient health care finance system or we would already have one since the mathematical basis for such a system is abundantly clear.

Governing Bodies and Spaces: A Critical Analysis of Mandatory Human Immunodeficiency Virus Testing in Correctional Facilities

March 17, 2012

I just read this article and since I was recently working in a prison correctional system I was intrigued to see if it would offer some new insights into the experiences of prisoners and my own reflections on the experience of correctional health care and correctional nursing.

The upside of such an article would be that it might draw correctional nurses into a new way of viewing the world they encounter and and become more politically aware of the environment. I am not sure this will happen, not because it would not be good, not because of what I see as some fundamental flaws in the article, but because correctional nurses are probably far less likely to entertain such thoughts than ANS’s readers, bloggers, and authors and even far less likely to read ANS than non-correctional nurses.

I would never suggest that my reflections are a fair representation of the reflections of anyone else. Since first reading Rosenhan’s “On being sane in insane places” I have been acutely aware that intentionally creating an opportunity to immerse oneself in an unusual role and environment, and intentionally reflecting on one’s own experiences, in such a setting, is far from normative behavior and that the insights, experiences, reality constructions, and descriptions of these environments by intentionally self-selecting and self-reflective individuals tend not to be anything like the insights, experiences, reality constructions, and descriptions of these environments by their customary participants.

So, some thoughts that I had during and since my participation in correctional health may be of interest, or not. I am however, almost certain that very few nurses working in correctional health will read them in this forum. Even more jarring, I find that my views are changing, cycling repeatedly as I adopt different perspectives for my self-reflections.

I was pretty sure, upon entering the system, that I would be dissatisfied with the quantity and quality of health care provided to inmates. I was right and I continue to be deeply troubled by that, though as I will suggest, there are some mediating issues.

I also assumed that I would find little, if any, “left of center,” or “liberal” political rhetoric in the environment. It was actually quite a bit worse than I imagined. Most of my training and orientation activities were with new correctional officers and/or correctional officers having mandatory annual training. These are not left leaning groups. It brought back a lot of memories of what it was like to be against the Vietnam war in 1964 when most of the country was still believing the party line that it was necessary and appropriate.

Before I get too carried away, I should focus on some of the surprises. I had previously worked in a maximum security prison as a mathematics teacher. Despite some exposure to some really bad, deeply damaged human beings, I still had a tendency to romanticize prisoners. It is not at all hard to do this as I think the article does to some degree. To be certain there are innocent people in prisons all across the world. This is a travesty because prisons are not good places for the thoroughly corrupt and amoral, and most certainly not for the innocent.

But innocent is a relative term. In my own area one doesn’t have to look very far to see that there are an awful lot of people who are not in prisons who ought to be there: Repeat offenders in crimes of assault, manslaughter, armed robbery, breaking and entering, sexual assaults, etc. I have become ever so much more acutely aware when I read local news stories that someone committed a crime who has been convicted of, or plead to, dozens of crimes in the past and has been repeatedly released only to commit new crimes.

 

I remember asking the Warden at my facility, after a neighbor who had been arrested for possession of firearms, drug dealing, possession of drug related equipment and materials, and a few other crimes came back home after a one night jail stay, “What does someone have to do to be incarcerated in this state?”

So it is perhaps important to recognize that very, very few people who are incarcerated in prisons today are completely innocent. They may, in fact, not be guilty of the crimes for which they were convicted, but there is a good chance that they were guilty of other crimes and that the notion that there are large numbers of innocent, political prisoners, in American prisons and jails is likely a fantasy. This was certainly not true in the first half of the 20th century, somewhat less true in the second half, and far less true in the second decade of the 21st century.

So, even being far more reflective and generally of a persuasion that prisons are filled with political prisoners than virtually all of my co-workers, I have to say that innocence is likely to be a very rare commodity in prisons.

This then goes to the heart of some of the issues addressed in the article. Yes, prisoners are segregated in prisons for a variety of reasons and their activities are closely monitored, though I would argue that they are not monitored anywhere near as closely as they ought to be. If they were more tightly monitored there would be far fewer prison assaults, thefts, and rapes. Security in prisons, as in the world, tends to come at the expense of freedom to do as we please. In prisons this is necessary because we are dealing with a population that is already starkly different than the non-prison population.

I was alternately surprised and appalled at the caring and uncaring attitudes of doctors and nurses, the skills and lack of skills, the commitment to patient’s well being and the lack of such commitment. In the setting I was in 60-70% of the nurses were agency/temp nurses. Many did not come back after their first 1 – 2 shifts either because, like me, they realized they could not accept the level of care being provided, or risk their licenses in a dysfunctional setting. But many were simply unwilling to work so hard.

Far too many nurses came in, sat down, and their attitudes toward their roles/patients brought to mind Bob Dylan’s lines from “Just Like Tom Thumb’s Blues”:

“Because the cops don’t need you
And man they expect the same. “

Far too many nurses felt that merely arriving, sitting in the nursing station, and feigning only the slightest interest in patients, was more than anyone ought to have expected from them.

As it turns out, upon looking into the matter, I realized that there were an overwhelming disproportionate number of registered nurses with “9″s as the first digits of their license numbers within 5 miles of the facility. There were four people in my nursing school graduating class who I knew had prior criminal records, all of whom had the tell tale “9″s in their licenses while all the rest of my classmates that I looked at did not. So I knew what I was looking for when I did a geographic analysis of nurses in the area around the highest concentration of prisons in the state.

So one of the most important lessons I took away from the situation was that the nurses with whom I worked in the correctional health system, were not really reflective of the nurses I went to school with, nor with the nurses in the community. This is of particular importance when we consider the manner in which test results were reportedly conveyed to patients in the article. To say I am not surprised that the communication was callous, understates the reservations I have about the quality of care in correctional health systems. The problems prisoners face in accessing care in prison facilities ought to be of farm greater concern than the incidental harms presented by mandatory HIV testing.

But again, I think it is important to contextualize some of this. While the nurses’ behavior was poor, it didn’t take long to realize that the behavior of prisoners was part, though certainly not all, of the problem. Prisoners are confined to prisons, for the most part, because they routinely violated community norms of behavior, intruded on the rights of others, lied, cheated, and manipulated people during their careers as citizen criminals. These behaviors continue inside prisons and many of the issues related to supervision and control occur because prisoners have 24 hours a day, 7 days a week, to sit around thinking about how to screw with the system and how to make trouble for, and manipulate correctional staff.

It doesn’t take long to realize that the relationships between prisoners and correctional nurses are nowhere near as healthful and sincere as the relationships between nurses and patients outside of prisons, though I would be the first to argue that the relationships between nurses and patients in the community are more and more likely to be deceitful and fraudulent because of the way we finance health care in the US.

 

It is, at best, a challenge to be a nurse in a correctional environment because nursing is always, and quite frankly ought to be, subordinate to security in correctional health settings. I personally struggled with one of the most difficult standards of interaction: referring to “patients” as “inmates,” finally all but abandoning the word “inmate” in any of my discussions about health issues. Some patients and staff resented that, some appreciated it, and most seemed to take no note at all.

That said, I remain both appalled and deeply concerned about the quality and quantity of health services, available to prisoners, the manner in which those services are provided, and the nature of the relationships between nurses and patients in correctional settings. But, I also think the issue of HIV testing is a bit more complex than that portrayed in the article.

In normal nurse-patient, and citizen-citizen interactions, there is at least a thin veneer of sociability and reciprocity. People in ordinary, non correctional settings still engage in risky behavior on many levels. But one is highly unlikely to encounter a sociopath in the community because the sociopaths are disproportionately represented in prison populations (Well, except for Wall Street investment firms). But in correctional facilities the number of sociopaths is very high (See below).

Even when prisoners do not qualify as true sociopaths, their behaviors are very likely to mimic those of true sociopaths. So, a case can be made for isolation, supervision, identification, and control of prisoners who are HIV+/AIDS, have Hepatititis, or other communicable diseases because in prison settings these people are far more likely, than in civilian populations, to knowingly and intentionally infect others.

Not restricting such inmates from working in food preparation areas would be an actionable tort if such inmates were allowed to work in these areas and used that opportunity to harm other patients. In fact, one might imagine a series of articles on the failure of prison officials to protect general prison populations from harm if they allowed prisoners who are HIV+/AIDS, have Hepatitis, or other communicable diseases access to food preparation areas.

As I suggested above, prisons are dangerous places. I think a strong case might be made that in general the most sensitive, caring, compassionate, and altruistic prisoners are less so than the least sensitive, caring, compassionate, and altruistic correctional health system nurses. It is all too easy to compartmentalize on either side of the rights of prisoners and the duties of nurses. It is far too easy to romanticize prisoners and denigrate correctional nurses.

 

Prison budgets are inadequate and becoming more so. Prisons house a very large number of socially maladapt people as prisoners and staff. But, we ought not forget that we have prisons, with all the problems and contradictions this entails in modern day democracies, because there are some people who, if left to their own consciences, will intentionally and repeatedly harm others.

In the 2002 article: Fazel, Seena; Danesh, John (2002). “Serious mental disorder in 23 000 prisoners: A systematic review of 62 surveys”. The Lancet 359 (9306): 545. doi:10.1016/S0140-6736(02)07740-1; the authors suggested that 47% of male prisoners and 21% of female prisoners had antisocial personality disorder. I’d go a step further and suggest that adopting the attributes of people with antisocial personality disorder may be a necessary and appropriate adaptive response to incarceration, elevating the number of quasi-sociopaths one is likely to encounter significantly when one is inside a correctional facility.

In the final analysis I come back to something that disturbed me at the very beginning of the article, when the authors stated:

 

“We begin this discussion by rejecting the idea that testing prisoners without their consent is somehow justified or somewhat necessary. We also reject the notion that more aggressive forms of testing are warranted in correctional facilities and the common perception that early detection is inherently beneficial for prisoners.”

I think the premature rejection of these ideas weakens the authors’ arguments.

There are, I would suggest, compelling reasons for differentially identifying, isolating, and restricting the behaviors of some prisoners whose biological capability to cause lethal harm to others, exceeds those of prisoners without such biological capabilities, because the populations of prisons are dramatically different than the populations outside prisons. Failing to address the most significant reasons why it might be appropriate to engage these prisoners in different ways than other prisoners fails to be compelling chiefly because it ignores the most profound considerations involved, and hence fails to refute the case that might be made by people who see the issue differently.

I think one could analyse the failure to identify and segregate, given the capability to identify and segregate, in much the same way the authors approach their work. Would it not be incumbent upon prison officials who could identify and segregate some prisoners who represent a significantly higher than average risk of harm to others, to do so? Indeed, would not their failure to act, to protect staff and other prisoners, be a classic case of negligence?

In the end, the best way to preserve one’s own individual liberties is by not self-selecting conduct highly likely to lead to incarceration. The more one avoids such conduct the less likely one is to suffer the consequences of incarceration.

 

It is important to note that I assume that incarceration is highly likely to be life threatening because of the obvious inadequacy of care in penal settings. Prisoners are far more likely to be affected by callous denial and delay of diagnoses than by premature diagnoses. In my limited experience I would be inclined to think that even so short a prison stay as 5 years is highly likely to result in premature death from treatable but undiagnosed and/or untreated conditions, and that these harms are more significant and affect more prisoners than the harms resulting from mandatory HIV testing.

In fact, one might argue quite the opposite, that mandatory testing carries with it the possibility of legal action; by, or on behalf of, prisoners, to demand treatment from prison systems notoriously disinclined to diagnose and treat HIV+/AIDS patients.

 

We know what we know about the incidence and prevalence of highly communicable diseases in prison populations because of mandatory testing protocols, without which we would know so much less than we do, and this knowledge can potentially lead to better care, rather than harm to the prisoners affected, which would be inconceivable without such protocols.

 

I suspect I spent a lot more time, during entry and exit,  between the two main gates, doing Sly Stallone’s assessment, as John Rambo, in First Blood, of how to escape from the facility I worked in than most of my colleagues. It helps me in thinking of how the prisoners themselves view their situation, and how they interact with each other and the staff. It leads me to conclude, at least at the moment, that prisoners appropriately spend most of their time trying to figure out how to attain and maintain an advantage in a very dysfunctional environment, and that many of the ways they would do that would involve inflicting knowing and intentional harm onto others.

 

This alone may be sufficient to justify the disparate treatment accorded to those with communicable illnesses.

 

Thoughts on “Primary care capitation payments in the UK. An observational study.”

August 23, 2011

I read an interesting paper the other day.

BMC Health Serv Res. 2010 Jun 8;10:156. Primary care capitation payments in the UK. An observational study.

The authors described a study of capitation payments in the UK. While it is entirely appropriate to seek case-mix adjustments that better reflect differences between sub-populations covered under capitation payments and the total population, case mix adjustments are insufficient to correct capitation payments for the entire population.

Case mix adjustments, while needed when there is a “cost bias” attributable to different demographic characteristics, such as the fact that the population of Wales is apparently older, and sicker, than the entire population covered by the NHS, and on whose experience the capitation payments are based, these correctable case mix related “cost biases” are a small piece of the flaws in using capitation.

Unfortunately, one of the problems with risk adjusted, case-mix compensating mechanisms is that there is no incentive whatsoever for health care providers who should get negative case mix adjustments to request such modifications. In essence, all the providers in Lake Wobegon think they receive capitation payments that are at, or below, adequate levels. No provider in Lake Wobegon ever thinks their capitation payment is excessive.

The authors have some keen insights but leapfrogged a bit. They saw an aberrant consequence of capitation payment schemes but have not fully accounted for the true causes of the “revenue to cost” gaps that necessarily arise under capitation. If I were solely a health care provider I would, at best, be in their position as well.

My advantage in all this is that I am a mathematician and statistician and I spent close to a decade in the actuarial field (Insurance Services Office, NY, NY; Liberty Mutual Insurance Company, Boston, MA; General Accident Insurance Company, Philadelphia, PA; and Reliance Insurance Company, Philadelphia, PA).

Even having done insurance and reinsurance rate making and reserving and financial reporting for most of a decade, it took more than a decade away from insurance and reinsurance to see that most of what I thought was true about insurance operations was hopelessly muddled by the incorrect assumptions in insurance rate making and reserving theory.

Actuaries as it turns out, are far more concerned about getting their company’s rate filings approved than they are concerned about educating regulators and the public about how insurance really works.

Insurance makes less and less sense the more you view it the way rate making, reserving, and financial reporting actuaries view it. On the other hand, it makes perfect sense when viewed as a statistician or financial analyst might view it, focusing on: Profits, Losses, Insolvency risk, and Maximum sustainable benefit levels.

If actuaries were not enmeshed in roles as their employer’s advocates, they might concentrate more on educating regulators and the public about how insurance really works. But their roles as company/client advocates are far easier to fulfill when the public, politicians, and regulators are misinformed.

Explaining the flaws in capitation, as it turns out, is both more and less difficult than I imagined 14 years ago. Central to this problem is that the explanation is a bit more sophisticated than most potential beneficiaries can comfortably digest, and and the human tendency, is to err conservatively – rejecting things we do not understand.

It is far safer, and easier to question the proponent of a new theory, especially a counter-intuitive theory, than to risk ridicule by accepting a theory that may prove unworthy. The best alternative is recognizing our inability to follow such arguments and commit to acquiring the additional skills we need to fairly appraise the theory. I won’t hold my breath.

Perhaps this teaser will encourage some people to look at my papers on “Professional Caregiver Insurance Risk”. (See my CV at

CV for Thomas Cox PhD, RN.

for a list of publications and presentations.) The mathematics behind Professional Caregiver Insurance Risk is undeniably correct. Still, many who read this material and are unable to evaluate the mathematics ask for empirical data that will “show” what I already know is a mathematical tautology: Capitation, no matter what it is called, is a deficient and inefficient mechanism for paying for health care services. Looking at empirical data is befuddling and boring for someone who understands the mathematics. Isolated sets of data support both extremes in the debate over capitation: Proponents and Critics, as detailed below.

The Wales Problem

The problem with isolated data is that in any accounting cycle there are predictable, though random, outcomes. During any financial cycles, Wales might indeed exhibit an excess of costs over revenues for three reasons: 1) A “Cost bias” that might be compensated for by a case mix adjustment scheme, and 2) An increase in cost variability unrelated to the case mix adjustable “Cost bias” that is solely dependent on small portfolio size compared to the NHS, 3) A combination of both of these effects, a clearly bias in costs and a very poor year as an insurer.

The next cycle, the “Cost bias” will continue in Wales if not case mix corrected. But the increased cost variability is likely to manifest in some other locality becoming the next “worst” outlier, not Wales. Wales may still receive inadequate “Cost bias” adjustments but another locality may have a greater discrepancy between costs and revenues than Wales because its patients are sicker than average that year.

Worse still, if Wales has an aberrantly low cost year next year, it may appear that the capitation payment for Wales should actually be lower, not higher, the following year, even though the population remains older and sicker than for the rest of the UK.

An Influenza Epidemic

One might imagine an influenza epidemic effecting office workers rather than factory workers because, we might assume, factories may have more fresh air than offices. The providers serving predominantly office workers will have unusually high costs, treating much higher numbers of office workers for influenza related conditions. Providers serving primarily factory workers will have much lower than average costs that year.

When viewed retrospectively the providers serving office workers have excessive costs, compared to revenues, which may appear to be a new case-mix problem. It is not a new case mix problem. It is a cost variability problem. These providers do not require a case mix adjustment – their misfortunes are solely the result of a bad year as insurers. The amount they were paid, per capita, is adequate for thir expected costs, but it does not adequately compensate for their roles as insurers for their patients, at least not this past year.

During each year, as the authors correctly note, there are over-paid providers and under-paid providers. Case mix adjustments certainly make a difference and actuarially adequate, but not redundant payments, ought to adjust for discernible case mix effects, such as the older and sicker population in Wales.

The problem is that while efficient case-mix adjustments can be made for the Wales’ demographics, it is mathematically impossible to efficiently compensate providers for their insurance risk management activities that are really responsible for the shortfalls in revenues for most under-paid providers during each accounting cycle.

At cycle end, one can always go back and look at the extremes and correctly note that some providers were paid inefficiently excessive amounts for the services provided. Others, of course, were inadequately compensated. The key is that we know this will occur (though we cannot specify which providers will be inadequately or excessively compensated each year) based on the mathematical theory.

This must happen in every accounting cycle, whenever the NHS, or any American health care finance entities, transfer insurance risks to smaller entities, through capitation payments schemes. The increased “variability” in costs in small portfolios of insurance risks – unlike the “Cost biases” that case-mix adjustments correct, cannot be efficiently compensated for by any level of sustainable and efficient capitation payments.

As disadvantaged providers cite instances of inadequate revenues as just cause for requesting increased revenues, budget cutters at the national level look at data for excessive payments as just cause for further reducing provider payments. What is needed, and what Professional Caregiver Insurance Risk provides, is a theory that encompasses both outcome extremes, and which explains why capitation mechanisms are always inefficient and unsustainable methods of financing health care services. at any level below that of a large, very efficient, risk retaining insurer.

When insurance risks are managed at the level of the NHS, what would have been excessive and inadequate payments for different providers/trusts, cancel each other out. This is why the NHS, functioning as risk manager, is a more efficient insurer than health providers/trust that manage sub-portfolios of the NHS’s insurance risks.

Insurance risk transfers are only efficient if the entity accepting the risks is larger, after the transfer, than the entity ceding the insurance risks. While this may not conform to the average person’s intuition – it is absolutely the case when you understand that risk management through insurance (and the mathematical theory it is based on) is all about coming close to average costs each year. Efficient insurers’ costs do not deviate far from average population costs, while inefficient insurers’ costs deviate dramatically, from average costs, each year.

Whenever insurance risks are transferred to smaller entities, none of them know, at the beginning of their accounting cycle, whether they will have excessive, or inadequate, resources at the end of the accounting cycle. To deal with this essential uncertainty, ALL risk assuming providers should reduce the level of benefits they plan to provide, below the average level represented by their fixed capitation payments, lest THEY be one of the providers whose revenues will prove inadequate because they had exceptionally high demand for services during the accounting cycle.

Maximum Sustainable Benefits

It is not appropriate to close one’s doors on 1 December 20X1 because you have used up all your resources during the first 11 months of the 20X1 funding cycle. The Maximum Sustainable Benefit (MSB) tells us how much providers/trusts managing sub-portfolios of insurance risks ought to reduce planned service capacity, compared to the levels they could sustain when the NHS (Or in the US, when an insurer, managed care organization, or the Medicare/Medicaid program) manages the same collection of risks, so that they are as able to provide identical care for identical symptoms at the beginning and the end of each risk assumption accounting cycle, as the NHS could if it simply retained these insurance risks.

While one might think that the Maximum Sustainable Benefit is a fixed amount – it is actually contingent on other factors: Profitability goals; Loss avoidance preferences, and Insolvency aversive-ness. Each such contingency results in different levels of maximum sustainable benefits because the variations in costs are non-linear stochastic processes, not a fixed determinate processes.

The most damaging inefficiency is not measured by the few providers who have excessive revenues at the end of the accounting cycle, nor by the few providers that have inadequate revenues at the end of the accounting cycle, it is measured by the reduced levels of care available from ALL providers, that affect ALL patients, throughout each financial cycle.

So, for example, we might at first glance conclude that the most inefficiently compensated providers are of two sorts:

5% of all providers receive the most excessive and inefficient payments for the accounting cycle.

5% of all providers receive the most inadequate and inefficient payments for the accounting cycle.

We might think that the funding inefficiencies are isolated and only one type of inefficiency actually harms both patients and providers: Underpayments to providers. These authors correctly noted this under-payment problem for a specific locality – Wales.

So the inefficiencies appear to affect, at worst, 10% of providers and their patients and only 5% of providers and patients appear likely to provide/receive inadequate care. This might even be considered to be a tolerable level of inefficiency compared with the presumed inefficiencies in what was essentially the old fee for service provider reimbursement system.

But the inefficiencies induced when insurance risks are transferred from large capable entities to much smaller entities actually affect 100% of providers and 100% of patients and at levels far greater than the levels suggested by the case-mix adjustments appropriate for the older and sicker Welsh demographics.

My papers in The Journal of Healthcare Risk Management and JONA’S Healthcare Law, Ethics, and Regulation (See my CV at

CV for Thomas Cox PhD, RN.

for a list of publications and presentations.) spell out how one might approach calculating these far greater inefficiencies by calculating Maximum Sustainable Benefits any risk bearing entity can provide, throughout the financial period.

While most researchers see isolated effects, such as the case mix adjustable inadequacy for Wales so that Welsh providers will receive adequate service revenues and maintain adequate service capacities for the Welsh population, the flaws in transferring insurance risks from large, capable, and efficient insurers such as the NHS, or American insurers and governmental programs such as Medicare and Medicaid, to smaller, less efficient entities such as individual providers or trusts, lead to situations in which ALL providers should reduce benefits by as much as 50-95%, depending on their size, relative to the NHS.

From a practical standpoint, the authors should go back, as they did and assess case-mix adequacy retrospectively after every accounting cycle. They should also attempt to advocate for case mix adjustments to reflect disparate Welsh epidemiology and demography. But there will always be outliers with the greatest under-payments and the greatest over-payments in every cycle in which capitation mechanisms are used because capitation is an extraordinarily inefficient health care service mechanism.

To adequately compensate ALL providers for their insurance risk management services, the NHS ought to be paying each provider substantially more than any case-mix adjusted system would suggest, and well beyond the levels that a sustainable and efficient national health insurance program would cost if the risks were managed at the national level. The only savings that come from capitation payment mechanisms are because providers, squeezed by their exposure to higher costs than revenues, systematically reduce the level of care they provide to their patients. Capitation mechanisms are logically and mathematically inconsistent with efficient health care (finance) systems.

The problem with adjusting capitation payments with case mix adjustments to correct “cost bias” in actual service costs for well defined differences in population health demographics is that these adjustments do not correct for the increased variability in costs that small portfolio size and inefficient insurance operations cause.

The authors leapfrogged a bit, skirting the issue of inefficient insurance risk management, which is fine. It is often impossible to convince seemingly excessively compensated providers that even their over-payments are actually inadequate for their dual services as clinicians and insurers.

Disadvantaged providers are almost always more likely to see a problem than those who receive over-payment. But neither set of providers tends to see that the real problem is a bit different and far more insidious than anything amenable to correction using case mix adjustments.

The reason it is harder to explain this to over-paid providers is that they like being overpaid. If their case mix correction should be negative they are thrilled because this suggests continuing over-payments. The problem is that the over-payments are likely still a random effect due to random, rather than systematic lower than expected costs. These providers are still likely to be inadequately compensated for their clinical AND risk management services.

Bureaucrats, on the other hand, are a real problem. As underpaid providers, not overpaid providers tend to look for positive case mix adjustments, bureaucrats look for data on over-paid providers, with the opposite intent: Cutting health care payments to providers because they see providers who are being over-paid providers and they believe this is sufficient to make further reductions in provider reimbursement.

The problem with case-mix adjustments is that they can be made after each accounting cycle: Providers with excessive revenues might have negative case mix adjustments for next year, reflecting the reduced costs, and/or excessive revenues, for patient care last year. There are two problems with this.

First, when the national entity wants to reduce costs, or at least restrain the growth in costs, it wants to spend less, not more, on provider payments. This pits provider against provider for a non-increasing pool of funds. This increases competition between providers for the wrong reasons.

Rather than working collaboratively to produce healthier populations, providers are competing for the same funds. A win for one provider becomes a loss for another. Surgeons want more money for operating rooms and surgical interventions while family practitioners want more money for prevention services and out-patient care.

The second, and more serious problem, is that transferring insurance risks to providers results in knee jerk reactions to the most recent years costs, leading to wildly erratic financial outcomes for providers. A provider that was accurately compensated last year, but which had lower than expected costs, should get a cut in its capitation payments. The reduced payments would be even more inadequate for an average year, so the provider is likely to suffer a big loss the following year.

On the other hand, a provider with unusually high costs last year, gets an increase in its capitation payments that far exceed its needs. It is paid excessively more than necessary in the second year.

It is one of the great 21st century paradoxes that these wild fluctuations in year to year payments and costs are precisely the effects true insurance mechanisms are intended to eliminate.

The piece these authors leapfrogged is the most critical for understanding health provider’s inefficient insurance operations.

Until I read the NHS White Paper (See “Equity and excellence: Liberating the NHS” at

Equity and excellence: Liberating the NHS

I thought the NHS was somewhat more immune to the US’s health care finance flaws. After reading the White Paper, I realized that both health care finance systems are nearly indistinguishable in their mismanagement of insurance risks.

Understanding Risk and Insurance: A Progressive’s Guide To National Health Insurance

August 20, 2011

I wrote this piece for one of those endless numbers of progressive websites – Figure they may not publish it so I thought I would put it here,

Introduction

Progressives invoke lofty social goals to support a national health insurance program. They want to correct disparities in access to care, cover the uninsured, promote health and well being, and they cede arguments about waste and inefficiency to mainstream and conservative adversaries.

This is incorrect as well as inappropriate. The real reason for a national health insurance program is that it is the most mathematically efficient way to manage health care service costs.

Risk

Risk is uncertainty. None of us know whether our health costs will be $0 or $1,000,000 next year. We do not know whether we will live or die, be injured, or ill next year. If we knew, there would be no risk related to our future health care costs. Risk exists because we do not know how much we need to pay for health care next year.

Risk Management Through Insurance

Very few people can afford to set aside sufficient funds to cover their future health care costs. Not knowing our future costs means we should all set aside large amounts to cover even modest costs, such as $50,000 or $100,000.

But, insurance reduces these costs. By joining together we can pay modest premiums, say $3-4,000 per person rather than $50,000, $100,000, or more because an efficient insurer can charge a little more than the average cost to provide insurance. This fact is based on the Central Limit Theorem, the workhorse from statistics and probability theory. The CLT is why insurance works for health, general liability and homeowners and private passenger automobile insurance.

The larger the insurance company, the closer to the average its loss ratio will be, the more stable its operating results, and the more efficiently it turns dollars into health services.

This is what everyone knows!

How To Destroy An Efficient Insurance System

Our current health care finance system is not efficient. There are two major reasons. Most people either believe, or are unwilling to challenge, the idea that more competition in insurance markets, meaning many more small insurers, will operate more efficiently than a single large insurer, or a small number of very large insurers. Wrong.

But that is the smaller problem. We have far too many small, very inefficient insurers, but we create even more inefficiency by transferring health insurance risks to health care providers. I call these insurance risk transfers “Professional Caregiver Insurance Risk.”

There are many insurance risk transferring health care finance mechanisms: Capitation, episode based care, Diagnosis Related Groups payment schemes, The Medicare/Medicaid managed care programs and Prospective Payment Systems, and many other profit/risk sharing agreements between third party payers and health care providers.

Professional Caregiver Insurance Risk

When health care providers accept insurance risks the insurance risks do not disappear into the aether. Risk assuming health care providers become even smaller, less efficient insurers than the insurers transferring the risks! The Central Limit Theorem works both ways. If large insurers are more efficient risk managers than small insurers, the corollary is: Small insurers are less efficient than large insurers.

Serving as their patient’s undisclosed health insurers is an obvious ethical conflict. But it is far worse. The annual operating results of inefficient insurers are very different than the annual operating results of efficient insurers. We can compare operating results by portfolio size. All we need to do is make some assumptions about a large, fairly efficient insurer.

A Paradigm Insurer

Suppose a Paradigm Insurer (PI) insures 1,000,000 people each year. Because it is an insurer its future operating results are uncertain. The measure of this uncertainty, the variation in its loss ratios from year to year, when insuring policyholders from the same population is measured by its standard error.

We assume that PI’s average loss ratio is $0.75 per premium dollar, and it has non-health related expenses of $0.15 per dollar of premium. We assume the year to year variation in its loss ratio, its “standard error” is $0.05 per dollar of premium.

There are two remaining components of insurer’s premiums. We assume PI charges a profit margin of $0.05 per dollar of premium and a Risk Premium, a charge for its risk management services, of $0.05 per dollar of premium.

Without belaboring the statistics, PI has an even chance (Probability 0.5000) of earning profits of at least 10% at loss ratios less than 0.7500, probability 0.8413 of profits of at least 5% at loss ratios less than 0.8000, and PI’s probability is 0.9772 of profits of at least 0% at loss ratios less than 0.8500. PI has a modest probability (0.0013) of losing 5% or more for the year and virtually no chance of losses greater than 10%.

The Flaw In Transferring Risks To Health Care Providers

All insurers selecting policyholders from the same population, have the same probability (0.5000) of profits of 10% or more. This is not true for other outcomes. While PI’s standard error is 0.0500, the standard error for an insurer insuring 100 times as many people would be 0.0050 and this larger insurer’s probability of earning profits higher than 9% is 0.9772.

But insurers 1/100th as large as PI, have standard errors 0.5000 and probabilities of losses greater than 0% 0.4207. This is what efficiency means in insurance. Large insurers are less likely to incur high losses, more likely to earn modest profits, are less likely to become insolvent, and can offer higher benefits to their policyholders than smaller, less efficient insurers.

Progressives need to focus on educating the public about how insurance works to shift the terms of the debate and claim the high moral and financial ground that a national health insurer is the most efficient insurer possible, not cede this ground to moderates and conservatives.

Thomas Cox PhD, RN, MSW, MS is a statistician, registered nurse, certified social worker, chartered property casualty underwriter, and licensed health care risk manager and author of “Standard Errors: Our failing health care (finance) systems and how to fix them”.

Standard Errors: Our failing health care (finance) systems and how to fix them

May 17, 2011

Get a free copy of the Sampler version of my book:

Standard Errors: Our failing health care (finance) systems and how to fix them

http://www.afn.org/~mathstat

Latest paper in the Journal of Healthcare Risk Management

April 28, 2011

Just had my latest paper published in the Journal of Healthcare Risk Management:

Cox, T. (2011), Exposing the true risks of capitation financed healthcare. Journal of Healthcare Risk Management, 30: 34–41. doi: 10.1002/jhrm.20066

The key points:

Small insurers are inefficient insurers: They have lower probabilities of achieving modest profit goals, higher probabilities of incurring operating losses, and higher probabilities of insolvency than larger insurers when both randomly select policyholders from the same populations.

Small insurers also have to cut benefits to match larger insurer’s probabilities of achieving modest profit goals, avoiding operating losses, and avoiding insolvency.

Despite this, and the obvious impact it has on service quality and quantity, almost every proposal for trimming health care costs assumes that putting health care providers into roles as their patients’ insurers is some sort of panacea.

Pandora’s Box would be a more fitting analogy.


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