WH Surrenders to Political Reality on Private Medicare Plans

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The Oba­ma Admin­is­tra­tion sur­ren­dered to polit­i­cal real­i­ty yes­ter­day, grant­i­ng a pro­gram that seniors love and that it loathes a reprieve from what would have been dev­as­tat­ing cuts.

Medicare Advan­tage (MA) plans are pri­vate health insur­ance prod­ucts that are offered to ben­e­fi­cia­ries along­side tra­di­tion­al Medicare.   Rough­ly one in four seniors has declined to sign up for tra­di­tion­al Medicare cov­er­age, opt­ing instead to join an MA plan.  The Cen­ters for Medicare and Med­ic­aid Ser­vices (CMS) had threat­ened to cut pay­ments to those plans by up to 10 per­cent next year.  Yes­ter­day it relent­ed, announc­ing that it would pro­vide plans a pos­i­tive update of 3.3 percent.

Democ­rats gen­er­al­ly abhor the par­tic­i­pa­tion of pri­vate plans in Medicare.  That made MA a juicy tar­get for cuts in the health care law that the Pres­i­dent cham­pi­oned.   That law requires CMS to slash pay­ments to MA plans by $308 bil­lion, account­ing for the biggest chunk of the law’s $716 bil­lion in Medicare cuts.   Those cuts in gov­ern­ment sub­si­dies for the health care of old­er Amer­i­cans are sup­posed to off­set some of the costs of pro­vid­ing sub­si­dized cov­er­age to younger low and mid­dle income people.

Actu­al­ly imple­ment­ing those cuts is prov­ing polit­i­cal­ly more tricky – par­tic­u­lar­ly for Democ­rats — than the White House reck­oned.  The MA cuts are espe­cial­ly tough.  In the tra­di­tion­al Medicare pro­gram, sav­ings can be achieved by cut­ting pay­ments to hos­pi­tals, doc­tors, ther­a­pists and oth­ers who pro­vide care to the elder­ly.  Seniors don’t see those cuts direct­ly, although they will feel their effects soon­er or lat­er as low pay­ments lead more doc­tors to refuse to see Medicare patients.

Cuts in pay­ments to MA plans, how­ev­er, are more direct and, con­se­quent­ly, hard­er to dis­guise.   That’s because they are not paid direct­ly to hos­pi­tals or doc­tors, but rather to the MA plan in which a senior elects to enroll.  Because pay­ments to MA plans are pre­mi­um sub­si­dies, any cuts to those pay­ments result in pre­mi­um increas­es for enrollees.    That makes it impos­si­ble for politi­cians to pre­tend that MA cuts don’t harm seniors.

Which is why, just months after enact­ing MA cuts in the March 2010 health care law, the Admin­is­tra­tion mit­i­gat­ed them in the run-up to the President’s re-elec­tion.  They did it by announc­ing a “demon­stra­tion pro­gram” esti­mat­ed to increase pay­ments to MA plans by $8.35 bil­lion.  The pro­gram drew a rebuke from the Gen­er­al Account­abil­i­ty Office, but served its pur­pose, post­pon­ing the worst of the health law’s MA cuts until after the election.

With the Pres­i­dent safe­ly returned to office, CMS announced ear­li­er this year that it would cut MA pay­ments by 10 per­cent.  There was just one prob­lem: Demo­c­ra­t­ic Mem­bers of Con­gress, unlike the Pres­i­dent, have to face the vot­ers again.  More than 160 Sen­a­tors and Rep­re­sen­ta­tives, includ­ing all 11 Mass­a­chu­setts Democ­rats, wrote CMS to protest the cuts.   That cam­paign led to yesterday’s announce­ment that the agency would pro­vide MA plans with a pos­i­tive update.

That deci­sion, in my view, is the right one.  Medicare Advan­tage rep­re­sents the best of the Medicare pro­gram.  For seniors, it offers a mod­ern­ized ben­e­fit, one that looks a lot more like the cov­er­age that work­ing-age Amer­i­cans receive than the anti­quat­ed tra­di­tion­al Medicare ben­e­fit.  Seniors in MA typ­i­cal­ly pay only $10 or $15 when they see their doc­tor, as opposed to 20 per­cent of the bill (after meet­ing a deductible of $147) under tra­di­tion­al Medicare.  MA plans also often offer cat­a­stroph­ic pro­tec­tion, cap­ping annu­al med­ical expens­es (e.g., a $4,000 cap on out-of-pock­et spend­ing).  Tra­di­tion­al Medicare offers no pro­tec­tion against bank­rupt­cy-induc­ing med­ical bills.  MA plans, unlike tra­di­tion­al Medicare, also typ­i­cal­ly cov­er den­tal and hear­ing ser­vices and many incor­po­rate pre­scrip­tion drug cov­er­age, rather than requir­ing ben­e­fi­cia­ries to pay a sep­a­rate pre­mi­um to cov­er their medicines.

More impor­tant­ly, MA avoids the biggest flaw in tra­di­tion­al Medicare: gov­ern­ment price-set­ting.  In MA pri­vate insur­ers nego­ti­ate rates with hos­pi­tals and form net­works of pre­ferred providers, then com­pete for cus­tomers with oth­er insur­ers over price, cov­er­age and qual­i­ty.  The government’s role is gen­er­al­ly  lim­it­ed to assur­ing that the plans pro­vide required cov­er­age, are finan­cial­ly sta­ble and charge a fair premium.

In tra­di­tion­al Medicare, gov­ern­ment uses a polit­i­cal and bureau­crat­ic process to deter­mine how much to pay providers for spe­cif­ic ser­vices.  The process is pre­dictably Kafkaesque, involv­ing a deter­mi­na­tion of how much a unit of a doctor’s time and effort should cost ($34.0203, in case you were won­der­ing).  This “con­ver­sion fac­tor” is then plugged into a clunky for­mu­la that takes into account the resource-based rel­a­tive val­ue of each pro­ce­dure (attempt­ing to quan­ti­fy the dif­fer­ence in val­ue between, say, heart surgery and an annu­al check­up), labor costs in a par­tic­u­lar area, rents, mal­prac­tice insur­ance and the like.  (You can find the for­mu­la here.)

This price-set­ting process, in addi­tion to being almost com­i­cal­ly com­plex, is open to a good deal of mis­chief.  Bureau­crats, politi­cians, lob­by­ists and inter­est groups of var­i­ous descrip­tions all weigh in to influ­ence the price-set­ting process.  The AMA exerts out­sized con­trol over physi­cian price-set­ting through its “Resource Uti­liza­tion Com­mit­tees” (RUCS), which great­ly influ­ence the bureau­cra­cy’s deci­sions over how much Medicare pays for spe­cif­ic pro­ce­dures.  The RUCS have trig­gered food fights among doc­tors them­selves, with pri­ma­ry care physi­cians call­ing on the gov­ern­ment to abol­ish them because they alleged­ly favor specialists.

This shit show isn’t con­fined to physi­cian pay­ments, but is repli­cat­ed in some form in vir­tu­al­ly every cat­e­go­ry of Medicare reim­burse­ment.  And the dis­tor­tions this process pro­duces don’t stop with Medicare.  As the gov­ern­ment tries to wring sav­ings out of the pro­gram by squeez­ing reim­burse­ment rates, doc­tors and hos­pi­tals press for high­er pay­ments from pri­vate insur­ers to off­set their Medicare loss­es.  Over time, com­mer­cial reim­burse­ment rates have come to be defined as mul­ti­ples of the Medicare scale, with pri­vate insur­ers pay­ing amounts above the Medicare rates.  And so the poi­son of gov­ern­ment price-set­ting leech­es into the pre­mi­ums you and your employ­er pay for coverage.

Gov­ern­ment price-set­ting in tra­di­tion­al Medicare has dis­tort­ed prices, impaired the func­tion­ing of mar­kets and dri­ven up pre­mi­ums for pri­vate insur­ance.  That price-set­ting, sad­ly, will con­tin­ue, but at least the Admin­is­tra­tion was shamed into pre­serv­ing a degree of choice for seniors by giv­ing MA one more reprieve.  At least until the next election.

One thought on “WH Surrenders to Political Reality on Private Medicare Plans”

  1. Inter­est­ing and pro­vid­ed me with more insight on the issue. It looks like the prob­lem is that Oba­macare risks a death by a thou­sand cuts. Or at least a severe wound­ing. And I don’t think that is nec­es­sar­i­ly a good thing for the tax payers.

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