Should we punish people for inappropriate emergency room visits?

On a Saturday morning in November 2016, I woke up with a high fever and a frozen, excruciatingly painful right shoulder. I have a primary care doctor that I trust and like, but she, like most primary care docs, doesn’t work Saturdays. But I’m in the extremely privileged position of being married to a primary care physician (albeit not my primary care physician because that would be weird). My wife examined my shoulder, tsk-tsked my fever, and drove me to her clinic. One of her colleagues in the sports medicine department who happened to be in the building did a quick ultrasound of my shoulder and saw a possible effusion, or excess fluid, in the joint space, and recommended I be admitted to the hospital for a possible “septic joint,” the unglamorous medical terminology for pus in the joint space.

To make a four-day story short, I was admitted through the emergency department, went to surgery, had the shoulder drained, was seen by an infectious disease specialist who ruled out infection, continued to have fevers for a few more days, and left the hospital without a diagnosis, like around 15-20 percent of patients. But my fevers eventually subsided, and I healed up with the help of physical therapy. The problem hasn’t recurred.

I subject you to this story because I’m curious whether a modern insurance company would have considered my emergency department visit “appropriate.” I was clearly in distress. But to this day I have no diagnosis to explain my symptoms, and I can only assume that I would have eventually returned to my baseline state of health had I sweated out my fevers at home and taken over-the-counter pain medications for my shoulder.

But that’s all hindsight. My presentation really was worrisome for a septic joint, and when a patient presents with that diagnosis, we have maybe 24 hours to offer treatment before the infection causes irreversible damage.

United Healthcare, the largest health insurance company in America, decided a few months ago to start vetting emergency room bills, with the possibility of not covering a claim if the reason for the visit was not eventually deemed an emergency. Unsurprisingly, this caused an uproar not only among patients but understandably among doctors and hospitals as well. The doctors and hospitals don’t control who comes in the door, after all. They just take care of whoever walks in and try to cover the fixed costs of having a functioning 24/7 clinic open to the public. And as inefficient as emergency care can be, discouraging it could have the unintended consequence of diverting people away from needed care, and most patients already have a strong disincentive for ED use because of high-deductible plans and cost-sharing. And contrary to popular belief and the policy direction of many employers, Americans don’t actually overutilize care in comparison to patients in peer countries. So United Healthcare ultimately announced it would delay (but not abandon) implementing the new policy until after the COVID-19 pandemic has passed. (Anthem attempted a similar policy several years ago, but it is still tied up in litigation.)

On the other hand, though, it is generally accepted that the ED is a more expensive care environment than, say, a primary care doctor’s office. So if unnecessary ED visits could instead be diverted toward primary care visits, United Healthcare could save money and theoretically pass those savings on to everyone in the form of lower premiums.

So I was really interested to see Dylan Matthews’ analysis of the role of excess emergency department use in driving up healthcare costs. I cannot find a good link to his article; I got it via an email newsletter. So I’m going to do my best to outline his findings without committing outright plagiarism.

In short, Matthews found in speaking to a half-dozen healthcare finance experts from Harvard, Rutgers, and other institutions, that there is no evidence that reducing emergency department visits explicitly to save money actually works. This is, according to the experts, because rates of ED utilization have actually been steady for the last several years, and have actually dropped during and post-COVID-19. The problem with the ED, like with most of American medicine, is not utilization, but cost. And implementing a post-hoc vetting process like United Healthcare is proposing makes vulnerable patients the middle man in an astonishingly complex transaction. Some studies, like this one from 2017, show that incentives can provoke a small diversion toward primary care and way from the ED, but total costs don’t decline because the inpatient cost of the ED visit is simply shunted toward increased outpatient utilization. My personal caveat to this finding is that primary care is generally cost-effective in the long run, and that early intervention in the primary care setting is likely to lead to better outcomes. Short-term studies like the 2017 paper above don’t have the duration to detect this.

UHC and Anthem will presumably, sooner or later, get these policies going, and that will kick off a natural experiment that eventually tells us whether the policies do what they’re intended to do--decrease cost by decreasing ED use--or whether patients are harmed. What we unequivocally know is that the policies will lead to patients trying to decide if their problem is really an emergency. Is that chest pain because of your extra fries at supper, or is it a heart attack? Is that shoulder pain and fever a mystery that will never kill you, or do you really have a septic joint? It’s too early to predict what the effect of this will be. In the meantime, though, as we’ve mentioned many times before, the best way to optimize your employees’ care is to make sure they have good, low-cost access to a primary care practitioner.

We hope that insurance companies and other players in the health care marketplace can come up with more innovative ways to control cost, like addressing the outrageous prices charged for services compared to other countries, and spare patients the task of being their own health care providers and worse, small-claims adjusters.

As the Medical Director of the Kansas Business Group on Health, I’m sometimes asked to weigh in on hot topics that might affect employers or employees. This is a reprint of a blog post from KBGH.

Primary care is being crowded out

As the Medical Director of the Kansas Business Group on Health I’m sometimes asked to weigh in on topics that might affect employers or employees. This is a reprint of a blog post from KBGH:

The next time you have a minor injury or get sick, will you call your primary care doctor to get a same-day appointment, or will you go to the local urgent care? Now may seem like a strange time to even be asking the question, since many patients aren’t taking the chance on either one. Patient volumes in medicine are down 50% or more as people practice social distancing and hospitals and surgery centers cancel elective procedures. But eventually we all need care. And a recent study in the Annals of Internal Medicine (paywall) found that when we seek that care we’re increasingly likely to seek it from urgent care centers.

Multiple investigators from Harvard, Mount Sinai, and the University of Pittsburgh looked at deidentified claims data for adults aged 18-64 years from a single commercial insurer (they didn’t reveal which one) between January 1, 2008, and December 31, 2016 to determine the rate of primary care visits per 100 member-years. By cleverly using CMS place-of-service codes, National Provider IDs, tax identification numbers, and CPT codes, they were able to further categorize visits as having taken place in a purely outpatient office, the emergency department, an urgent care, a retail clinic, or a commercial telemedicine visit.

What they found was bad news for primary care doctors and, if you believe that primary care saves money and improves outcomes, as most policy makers do, bad news for the people paying for healthcare, like employers. Primary care visit rates declined 24.2% in the eight years of the study, from 169.5 visits per 100 member-years in 2008 to 134.3 in 2016. The proportion of insured patients with no medical visits at all in a given year went up, from 26.1% to 32.5%, as did the proportion with no visits to a PCP in a given year (from 38.1% to 46.4%). This trend held even when gynecologists were re-classified as PCPs, since some women get the bulk of their care from their gynecologist.

An optimist might venture that the population was just healthier in 2016 than it was in 2008. And in patients that had no chronic diagnoses the drop in PCP visits was higher. But overall the insured group did not get healthier or sicker over the time of the study.

So where did the care go? To “alternative settings.” Urgent care visit rates almost doubled, from 4.4 visits per 100 member-years in 2008 to 8.0 in 2016. Retail clinic visit rates more than tripled, from 0.83 visits per 100 member-years in 2008 to 3.0 in 2016. Commercial telemedicine visit rates rose a spectacular 500%, from 0.003 visits per 100 member-years in 2008 to 1.6 in 2016.

The authors posited three possible explanations for this: First, patients may be less likely to seek primary care if they are younger and healthier and comfortable with online self-care or a secure message with a nurse or other non-physician provider when a minor acute need, like conjunctivitis, arises.

Second, those increasing financial barriers such as increased deductibles and co-pays may influence care more than we have previously thought. The average out-of-pocket cost of a visit increased from $29.70 in 2008 to $39.10 per visit in 2016 for “problem-based” visits (that is, visits meant to address a specific complaint). And over the time of the study more PCP visits became subject to a deductible (from 9.2% of visits in 2008 to 25.2% of visits in 2016). The decline in PCP visits in this study was largest in low-income communities. Using some clever economic calculations the authors estimated that this may have explained about a quarter of the decline in PCP use.

But third, and most powerfully, patients appear to simply be replacing PCP visits with visits to specialists and alternative settings. Even though the proportion of patients visiting specialists did not change, many patients saw multiple specialists. And the increase of 9 visits per 100 member-years to alternative settings offset about a quarter of the PCP visit decline. This may well have been a matter of convenience. As we’ve discussed before in this blog, the average physician visit takes more than two hours. Traditional primary care settings are known for their inefficient or inflexible scheduling practices. One study found that patients are so frustrated by scheduling practices that they think nothing of blowing off visits, leading to high no-show rates in the clinic. Visits to alternative venues may simply be more convenient not only in getting a generic appointment, but in getting an appointment after-hours so that no work is missed.

If the convenience argument is correct, doctors may be able to get some of that patient population back by employing “open access” scheduling. In this system, same-day appointments are almost always available. The day’s schedule isn’t full of appointments made weeks or months ago. The doctors preferentially schedule follow-up appointments in the morning, but fill much of their afternoon schedule as the day goes on. Somewhat famously, this is how a Kaiser Permanente clinic in Sacramento reduced their wait for an appointment from 55 days to one day. But the system requires some sacrifice on the part of the doctor, which may be a tough sell in a system where PCPs are already losing market share. Open patient slots, after all, are potentially lost money. It also may require some sacrifice on the part of the system. Open-access scheduling is generally thought to require doctors to carry smaller “patient panels” than they traditionally do, which may in turn lead to a need to train more physicians.

For larger employers there may be other fixes, such as on-site clinics. And with the increased adoption of telemedicine into traditional practices, we may see more patients using that option instead of going to the ER or to urgent care.

If your business has found a way to incentivize increased use of primary care, rather than ever-expanding use of urgent cares and emergency rooms, let us know.

Wait…Can you really modify your hospital Consent and Financial Agreement?

As the Medical Director of the Kansas Business Group on Health I’m sometimes asked to weigh in on hot topics that might affect employers or employees. This is a reprint of a blog post from KBGH:

Dr. Marty Makary, general surgeon at Johns Hopkins who is more famous for his research on health costs and value, tells a riveting story of hospital billing (no, really!) in his book The Price We Pay: What Broke American Health Care–and How to Fix It (pages 167-170). A friend named Dina becomes ill while visiting Marty. When the two of them arrive at the emergency room, she is informed that the ER is “out of network” for her insurance. After some salty language on both sides, both sides agree she can be treated in the ER anyway. But prior to treatment Dina (with Marty’s help) asks for a physical copy of the hospital’s Consent and Financial Agreement form (Dr. Makary calls it the “battlefield consent form”), rather than automatically signing the form on the iPad that is brought to the room. Dina crosses out the clause on the paper agreement that states she would “sign away her financial life” (Dr. Makary’s words) before seeing any bill.

Dina has a minor surgical procedure, recovers, and eventually receives a $60,000 out-of-network bill. Marty shows her what her insurance would have paid had the hospital been in-network using Healthcarebluebook.com: about $12,000, or one-fifth the out-of-network bill. After getting Dina’s consent and requesting an itemized bill, Marty calls the hospital and offers $12,000 to settle the bill, which is refused. He explains to the hospital that Dina has no contractual obligation to pay because she struck out the clause in the contract saying she’d pay whatever they charged. Marty adds that legally the hospital is prohibited from using collection agencies to hurt her credit if she does not pay. The hospital director immediately offers to settle for $30,000, then $25,000, then $19,000.

Marty sticks to his original offer of $12,000, and the bill eventually gets sent to collections. When the collections agency calls, Dina asks them to send her a copy of the Consent and Financial Agreement, the form on which she’d deleted the section indicating her obligation to pay. The collection agency never calls back, and Dina eventually makes a $5,000 donation to the hospital’s fundraising drive, earning a plaque on the wall.

This is, shall we say, a novel way to deal with surprise medical bills. But it has some high-profile proponents. Al Lewis, Harvard-trained attorney and famous skeptic of worksite wellness, told Dr. Makary’s story on his blog. He went so far as to suggest making a card for your employees to carry and has even produced a template. He suggests the card say something to the effect of, “I consent to appropriate treatment and (including applicable insurance payments) to be responsible for reasonable charges, up to 2 times the Medicare rate.”

Needless to say, one party’s idea of “reasonable” can differ radically from another’s. Al says that reasonable charges can be “settled by binding arbitration using the New York law as a model. That law, based on Major League Baseball binding arbitration rules, is well-accepted and has generally been successful at curbing abuses.” [Disclosure: KBGH has a financial relationship with Quizzify not related to medical billing, but rather for health literacy training]

So. Is this a real strategy that at-risk patients could use? It seems under-handed. But some (most) would say that the entire system of surprise out-of-network payments in health care is under-handed, especially when the agreements are, as some have argued, signed under duress. Al Lewis’s website deftly says “Legally, we can’t guarantee this will work. But we know the alternative—signing whatever they put in front of you—carries the risk of much higher bills, and more chance of inappropriate treatment.”

And that’s what we say, too. The Kansas Business Group on Health is not endorsing this practice. We simply want our members to be aware of its growing use by frustrated, scared patients.