When Needles Dislodge, Dialysis Can Turn Deadly

Barbara Scott relied on dialysis to do what her damaged kidneys could not. Three times a week, a machine pumped her blood out of her body, pushed it through a specialized filter, then returned it cleansed of waste. The bright crimson circuit kept the 73-year-old retired bookkeeper alive.

Until it nearly killed her.

Partway through Scott’s treatment on Dec. 28, 2005, the tube feeding blood back into her became dislodged. A temporary employee at her storefront clinic in Poughkeepsie, N.Y., hadn’t taped the tube in place properly, and the facility didn’t follow safety rules requiring the connection to remain visible, regulators later determined.

As Scott rested under a blanket, more than a quarter of her blood pooled beneath her and spilled onto the floor instead of flowing back into her system. She barely managed to call for help before losing consciousness.

Dialysis patients die or are hospitalized every year as a result of catastrophic hemorrhages during treatment, a ProPublica review of regulatory and court records has found. In dozens of cases in which patients suffered such harm, government inspection records show, regulators later cited clinics for failing to adhere to minimum standards of care.

These incidents are among the most gruesome — and most preventable — lapses in a dialysis system that has some of the highest mortality and hospitalization rates in the industrialized world. Each year, about 1 in 5 patients die, almost twice the mortality rate of countries with the best outcomes.

No one knows for sure how often line separations or dislodgements occur during dialysis. They are relatively rare, but 5 percent of patients who responded to a 2007 safety survey by the Renal Physicians Association said they had a needle dislodge mid-treatment within the previous three months. Another review, based on incidents in a Pittsburgh hospital system, suggested that each year hundreds of patients may fall victim to more serious bleeding episodes.

The absence of more precise data points to a broader problem, patient safety advocates say. Though the government pays for most dialysis through Medicare, federal regulations do not compel clinics to report treatment-related errors, injuries or deaths, whether from bleeds or other mishaps. That’s despite an overhaul of dialysis regulations in 2008, which, among other things, mandated that clinics have programs to improve patient safety.

“People don’t want it out there — it’s liability, it’s exposure — but we have to have transparency to learn from one another’s mistakes,” said Tricia West, a nurse and former dialysis clinic owner who also served as president of the California Association for Healthcare Quality. “Things can and do happen, but it shouldn’t be the same things over and over.”

Officials at the Centers for Medicare and Medicaid Services said the agency’s new administrator, Dr. Donald Berwick, a longtime patient-safety advocate, may bring a more aggressive approach to this issue.

“We are being challenged to do everything we can … to address patient safety and to reduce errors in [all] settings of care,” said Dr. Barry Straube, CMS’ chief medical officer. “The dialysis world is an area in which we’d like to see that happen more.”

Barbara Scott never really recovered. She was rushed to the hospital in shock and stayed for more than three weeks. Just 5 feet tall and always petite, she dropped below 100 pounds. Her face grew gaunt, her skin papery. When she finally went home, she was so frail she couldn’t walk her dog or work in her garden.

“She’d sit and cry for no reason,” said her daughter, Cathleen Sharkey.

Scott died soon after of heart failure. On the final day of her life, she hired an attorney to sue her clinic, Dutchess Dialysis Center, for negligence.

A spokeswoman for Fresenius Medical Care North America, which owns Dutchess Dialysis through an affiliate, said the company could not comment on the matter because of patient privacy rules. The company agreed to a $300,000 settlement in 2008, Sharkey said.

“This didn’t have to happen,” Sharkey said. “My mother was a woman to be reckoned with. She was dealing with dialysis the way she dealt with everything. She was organized, she kept track of her test results, she ate and drank exactly what they told her. She would still be here today.”

Discovered Too Late, a Deadly Drip

Close to 400,000 Americans receive chronic dialysis, a number that has almost tripled in the last 20 years as obesity and diabetes have reached epidemic proportions. More than 90 percent of them receive what’s called in-center hemodialysis, thrice-weekly treatments at outpatient facilities.

In a typical treatment, a technician attaches the patient to the machine by inserting two needles into the patient’s access point. Each needle is attached to tubing. One tube carries the patient’s blood into a filter called a dialyzer. Dialysate solution flows in the opposite direction, removing toxins and restoring the blood’s chemical balance. The other tube returns the clean blood. Sessions average three to four hours in length.

Advances in technology have made dialysis simpler and safer, but it’s hardly foolproof.

A patient in Petaluma, Calif., died soon after an incident in which a contract nurse — given just one day of orientation — reversed her bloodlines without using a clip to hold the tubes in place, and one became disconnected, inspection records show. At a clinic in San Diego, a staffer mistakenly connected a bloodline to a machine drain and not the needle returning blood to her body, regulators found. The patient, a 61-year-old woman, lost about a pint of blood and had to be hospitalized for a transfusion.

In their current generation, dialysis machines cycle patients’ blood at a rate of 300 milliliters to 500 milliliters per minute, making dislodgements more dangerous than in earlier eras when treatments were done more slowly.

“It2019s like turning up the pressure on your garden hose,” said Jane Hurst, a registered nurse who consults on dialysis-related medical malpractice lawsuits for both plaintiffs and defendants. “The time it takes to lose a significant amount of blood is less” 2013 in some cases, fewer than 10 minutes.

Seemingly routine treatments can suddenly become anything but. Larry Grammer’s vital signs were stable a half-hour into his May 1, 2008, dialysis treatment at a clinic in Jacksonville, Ill. When his machine’s alarm sounded 21 minutes later, however, the 68-year-old retiree was already unresponsive and gasping for air, a government complaint investigation shows.

Workers discovered that the tubing to the catheter in his chest had disconnected. “A large pool of blood” was found under his chair, the report said. Grammer was pronounced dead less than two hours after the incident began. The clinic’s operator, DaVita Inc., declined to comment on the case, citing patient privacy rules. The company reached a confidential settlement with Grammer’s widow.

Government regulations require clinic workers to keep patients in view continuously during treatments, and facilities can be cited for not keeping access points for bloodlines and needles visible at all times. On this, staffers can face resistance from patients themselves, who, despite the risks, often prefer to cover up for warmth or privacy.

Though dialysis machines are designed to sound an alarm or stop the flow of blood if they detect a significant drop in pressure, they can miss smaller fluctuations. Staffers, beleaguered by false alarms, sometimes change settings to be less sensitive or reset machines after an alarm without checking patients’ lines.

ProPublica examined inspection records for more than 1,500 clinics in California, New York, North Carolina, Ohio, Pennsylvania and Texas from 2002 to 2009. We found at least one fatality resulting from needle dislodgements in each state during this period, plus dozens of additional cases in which patients required hospitalization, blood transfusions or other emergency interventions.

In several instances in which patients suffered fatal or near-fatal hemorrhages, inspectors concluded that clinics had too few staffers on duty to properly monitor patients. “I see it in almost every case I work on,” Hurst said. She also often finds staffers have been working 12 or even 16 hours at a stretch. “That’s when mishaps occur.”

Employees at a Cleveland clinic in 2001 didn’t notice Kathryn Stevens’ line had become disconnected until she fell from her chair, unconscious from loss of blood, according to published accounts of a lawsuit filed by Stevens’ survivors. Left with irreversible brain damage, Stevens lived another five months, unable to speak or eat on her own, before dying of an infection.

“She was a vegetable,” said Ivory Stevens, her son. “Seeing her like that was two heartbreaks at one time. I almost wished they hadn’t kept her alive.” In 2002, the Stevens family obtained a $4.75 million settlement from her dialysis and nursing facilities.

Help also came too late for Shelton Crosland, whose bloodline disconnected during a September 2007 treatment at a dialysis center in Queens, N.Y.

According to an investigation conducted by state inspectors the following month, the technician tending to the 47-year-old construction site manager was also monitoring two other patients, collecting data from their dialysis machines, and ending the treatment of a third patient. A nurse was unavailable to help him because she was covering for a colleague on a break.

By the time clinic workers discovered Crosland2019s line separation, the attending nurse said she did not use the center2019s defribrillator to try to revive him because there was 201Cso much blood that she was afraid for the safety of the staff,201D the investigation report said. Crosland was dead on arrival at the emergency room.

Regulators cited his facility for not ensuring it had an adequate number of trained staff members on duty to provide safe care. Fresenius Medical Care, which operates Crosland’s clinic, declined to comment on the case, again citing federal privacy laws. Crosland’s widow has filed a lawsuit against the clinic; the case is ongoing.

Few States Require Reporting

Preventable lapses in care have received heightened attention since the Institute of Medicine’s landmark 1999 report, “To Err is Human,” which said as many as 98,000 patients died each year in U.S. hospitals as a result of medical errors.

More than 25 states now require certain facilities 2013 most often, hospitals, ambulatory surgical centers and birthing centers 2013 to report some types of adverse events. Several states use the 28 201Cnever201D events (as in, they should never happen) identified by the National Quality Forum, a nonprofit that sets standards for health care.

So far, these changes have mostly bypassed dialysis. Only a handful of states, including Colorado, Georgia, New York and Tennessee, mandate that dialysis units report incidents resulting in unexpected patient deaths or injuries.

Under Medicare regulations, clinics are obliged to record such incidents internally and to analyze them for purposes of quality improvement. Many do so, but some do not: ProPublica’s six-state inspection review turned up more than 100 instances in which clinics were cited for not documenting or investigating errors and adverse events.

Nurses and other clinic staffers acknowledged that bleeding incidents sometimes aren’t reported, particularly if patients do not need to be transferred to a hospital.

Natasha Smith, a technician in Colorado Springs, said her current facility records such incidents properly. That wasn’t so at another center where she worked for three years. “Techs didn’t want to do them. It’s saying they did something wrong,” she said. “There were all kinds of problems that were never reported.”

Unpublished government cause-of-death data confirms that treatment-related bleeds kill patients each year: From 2006 to 2008, facilities gave “hemorrhage from dialysis circuit” as the primary cause of death for 18 patients and as a secondary cause for six more.

For many patients, however, cause of death is uncertain. Of almost 240,000 deaths reported to Medicare during this period, almost 1 in 5 were attributed to “unknown” or “other” causes, with no further information provided. Almost 700 deaths were attributed primarily to “hemorrhages from vascular access,” or, more rarely, “accidents related to treatment.” In a handful of cases, facilities checked off one of these, as well as “hemorrhage from dialysis circuit,” as causes for the same deaths.

Ultimately, the true toll of such incidents remains unknown.

“This is the sort of thing no one keeps statistics on. It’s bothered me for years,” said Dr. Stephen Sandroni, now a professor at Texas Tech University’s Paul L. Foster School of Medicine in El Paso. “The government pays for dialysis, and it’s very expensive. Yet the government hasn’t pursued data collection in this area. If this is a preventable cause of death, why isn’t someone researching it?”

Frustrated by the lack of systemwide data, Sandroni reviewed the frequency of catastrophic hemorrhages in the dialysis units he supervised when he was director of nephrology and hypertension at Allegheny General Hospital in Pittsburgh, which had about 300 patients. He found that they occurred at a rate of 1 per 126,718 treatments and that 1 in 3 was fatal.

Based on his research, Sandroni co-authored an abstract for the November 2008 Journal of the American Society of Nephrology suggesting that — even assuming a far lower fatality rate — needle dislodgements might be killing more than 40 patients a year and injuring more than 400. To his disappointment, the work drew little interest from regulators or other dialysis providers.

“People want the good news,” he said. “These are pretty tragic deaths. Someone may have years in front of them and suddenly, boom, they’re gone. If you have even a couple a year, they’re preventable, and in fact, you may be having scores a year.”

Preventive Steps at VA Clinics

When the Renal Physicians Association conducted its safety survey, members discussed trying to establish an independent registry where dialysis providers could report adverse events such as treatment-related hemorrhages, but they concluded it would face too many hurdles, said Dr. Alan Kliger, the group’s former president.

The association launched a website, Keeping Kidney Patients Safe, that offers ideas for improving patient safety and urges doctors and providers to share best practices.

There is one segment of the health care system that has embraced reporting accidents and errors as a way to guide improvement: the U.S. Department of Veterans Affairs.

All VA facilities, including its 66 dialysis units, are required to report not only events in which patients suffer harm, but also near misses. Reports are entered into a central, searchable database and are coded according to severity.

In October 2008, the VA’s National Center for Patient Safety published an advisory (PDF) based on reports of bleeding episodes during dialysis. VA units logged 40 incidents considered “serious” between March 2002 and April 2008, or about 1 for every 62,500 treatments given in this period.

The VA2019s study encompassed events less grave than those considered by Sandroni. Fewer than one-third of the incidents resulted in extended hospitalizations or deaths, in part because researchers considered episodes in which patients lost as little as 100 cubic centimeters of blood, about enough to fill an espresso cup. But by looking systematically at these cases, patterns emerged. Certain types of patients were clearly at higher risk, including those receiving treatment in isolation areas and those with dementia.

Based on these findings, the VA issued two safety alerts earlier this year aimed at reducing or preventing hemorrhages during dialysis treatments. It has ordered units to buy clips (PDF) that snap onto bloodlines and prevent them from loosening.

Starting this month, VA units also will use Redsense alarms, electronic blood-loss sensors, on patients getting dialysis in areas outside of chronic dialysis units or beyond staffers’ sight lines; in addition, they may use the device on patients identified as at high-risk for needle dislodgements. The VA also has augmented training for staffers, putting new emphasis on keeping access sites visible.

Dr. Jim Bagian, a former astronaut, led the VA patient safety center from its founding in 1999 until last month, when he took an executive position with the University of Michigan Hospital System. He said there were two keys to launching the reporting program: First, persuading medical staffers to share information about adverse events without fear of reprisal or legal exposure; and second, showing them that their information could make a difference.

“You have to be willing to admit you’re not doing as well as you could,” Bagian said. “Most people don’t have the guts to say that.”

Researcher Lisa Schwartz contributed to this report.

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In Dialysis, Life-Saving Care at Great Risk and Cost

In 1972, after a month of deliberation, Congress launched the nation’s most ambitious experiment in universal health care: a change to the Social Security Act that granted comprehensive coverage under Medicare to virtually anyone diagnosed with kidney failure, regardless of age or income.

It was a supremely hopeful moment. Although the technology to keep kidney patients alive through dialysis had arrived, it was still unattainable for all but a lucky few. At one hospital, a death panel — or “God committee” in the parlance of the time — was deciding who got it and who didn’t. The new program would help about 11,000 Americans, just for starters. For a modest initial price tag of $135 million, it would cover not only their dialysis and transplants, but all of their medical needs. Some consider it the closest that the United States has come to socialized medicine.

Now, almost four decades later, a program once envisioned as a model for a national health care system has evolved into a hulking monster. Taxpayers spend more than $20 billion a year to care for those on dialysis — about $77,000 per patient, more, by some accounts, than any other nation. Yet the United States continues to have one of the industrialized world’s highest mortality rates for dialysis care. Even taking into account differences in patient characteristics, studies suggest that if our system performed as well as Italy’s, or France’s, or Japan’s, thousands fewer patients would die each year.

In a country that regularly boasts about its superior medical system, such results might be cause for outrage. But although dialysis is a lifeline for almost 400,000 Americans, few outside this insular world have probed why a program with such compassionate aims produces such troubling outcomes. Even during a fervid national debate over health care, the state of dialysis garnered little public attention.

Over the course of more than a year, ProPublica reviewed thousands of inspection reports and interviewed more than 100 patients, advocates, doctors, policy makers, researchers and industry experts to get a grasp on American dialysis. The findings were bleak: At clinics from coast to coast, patients commonly receive treatment in settings that are unsanitary and prone to perilous lapses in care. Regulators have few tools and little will to enforce quality standards. Industry consolidation has left patients with fewer choices of provider. The government has withheld critical data about clinics’ performance from patients, the very people who need it most. Meanwhile, the two corporate chains that dominate the dialysis-care system are consistently profitable, together making about $2 billion in operating profits a year.

One reason the system’s problems have evolved out of the health care spotlight is that kidney failure disproportionately afflicts minorities and the dispossessed. But given a patient pool growing by 3 percent a year and the outsize 6 percent bite that the kidney program takes from the Medicare budget, we ignore dialysis at our own risk. “We’re offering our patients a therapy we wouldn’t accept for ourselves,” said Dr. Tom F. Parker III, a Dallas nephrologist and national advocate for better care. More and more leaders in the field, he said, “are starting to say this isn’t sufficient.”

As the United States moves to expand access to health care, dialysis offers potent lessons. Its story expresses the fears of both ends of the ideological spectrum about what can happen when the doors to care are thrown wide open: Neither government controls nor market forces have kept costs from ballooning or ensured the highest-quality care. Almost every key assumption about how the program would unfold has proved wrong.

The Sharp End of the Needle

Henry Baer went in for his third dialysis treatment on New Year’s Eve day in 2005. It turned out to be his last. He was only 39, but years of diabetes and high blood pressure had caused Baer’s kidneys to shut down. Built-up waste and fluid were causing his limbs to swell and making him short of breath. He was sent for what’s called in-center hemodialysis, the most common type of dialysis, at a beige-toned clinic near his home in Prescott Valley, Ariz.

His first two sessions were pretty normal. A patient-care technician hooked Baer to a machine the size of a filing cabinet, connecting it with plastic tubing to the catheter in his chest. He sat in a lounge chair, still as stone, for about four hours as the machine, whirring gently, moved his blood through a specialized filter, then returned it, cleansed of toxins. It was uncomfortable and boring. “Sis, this isn’t for me,” he told his older sister, Karen Gable, vowing to make himself a viable candidate for a kidney transplant.

Just over two hours into his next session, Baer’s incoming bloodline “became disconnected,” a federal inspection report says. The attending technician panicked, “yelling and screaming hysterically.” Blood sprayed onto Baer’s shirt, pants, arms and hands. Then, “contrary to emergency standing orders,” the report continued, she reconnected the line to Baer’s catheter, infusing him with “potentially contaminated blood.” By the time Mike Wright, Baer’s boss at a local car dealership, picked Baer up after the treatment, he was complaining of nausea.

Over the next two days, Baer spiked a fever. His wife found him in bed, having a convulsion. He was taken to the hospital, where tests later showed that his catheter had become infected with antibiotic-resistant staph. The infection moved swiftly to his heart and brain. He died a few days later, on Jan. 7, 2006, leaving behind a 2-month-old daughter. (Fresenius Medical Care North America, the clinic’s operator, declined to comment on the incident, citing patient privacy rules. In 2008, without admitting wrongdoing, it agreed to settle a wrongful-death lawsuit brought by Baer’s survivors.)

What happened to Baer was a worst-case scenario. Yet in some ways it is symptomatic of how dialysis is delivered. Medical supervision is minimal. Clinics must have board-certified physicians as medical directors, but usually have no doctor on site, and some struggle to meet the federal requirement of at least one full-time registered nurse. Technicians, who can start with just a high-school diploma and an in-house course (though they are later required to pass a state or national certification test), have been the field’s workhorses for a generation. Medicare sets no staffing ratios for dialysis centers, and most states don’t either.

Although some clinics are orderly and expert — attentive not only to patients’ health, but also to their dignity — others are run like factories, turning over three shifts of patients a day, sometimes four. Safety experts say technicians shouldn’t monitor more than four patients at once, but some operators save money by stretching them further. The pace can be so intense, inspections show, that clinics have allowed patients to soil themselves rather than interrupt dialysis for a bathroom break. One technician said he quit his job at a large Colorado clinic because he often had to juggle six patients or more. “The last two years, I was just getting old,” he said.

Conditions within clinics are sometimes shockingly poor. ProPublica examined inspection records for more than 1,500 clinics in California, New York, North Carolina, Ohio, Pennsylvania and Texas from 2002 to 2009. Surveyors came across filthy or unsafe conditions in almost half the units they checked. At some, they found blood encrusted in the folds of patients’ treatment chairs or spattered on walls, floors or ceiling tiles. Ants were so common at a unit in Durham, N.C., that when a patient complained, a staffer just handed him a can of bug spray.

Hundreds of clinics were cited for infection-control breaches that exposed patients to hepatitis, staph, tuberculosis and HIV. A Manhattan center closed in 2008 after cross-contamination infected three patients with hepatitis C within six months. Prescription errors were common: 60 clinics had at least five citations for them. In dozens of instances, patients died or were hospitalized after suffering hemorrhages like Baer’s, when dialysis needles or tubing dislodged and staffers failed to adhere to safety guidelines.

Providers say they work hard to meet or exceed government standards, correcting deficiencies quickly when they surface and sometimes employing their own internal auditing programs. “You will find cases where things go wrong, but it’s a small percent when you consider all of the hundreds of thousands of treatments every day,” said Diane Wish, the CEO of a small Ohio dialysis chain and president of the National Renal Administrators Association, the group that represents dialysis facility managers. But patient advocates say conditions in some clinics have been problematic for so long that everyone in the system has come to accept it. “It’s become ingrained that dialysis is expensive and dangerous and has terrible outcomes,” said Bill Peckham, a patient known widely for his blog, Dialysis From the Sharp End of the Needle. “Once you’re there, God help you. What do you expect? You’re on dialysis.”

Rise of an Entitlement

Dialysis entered the American consciousness in the early 1960s as the country’s signature example of medical rationing. In those days, kidney disease killed about 100,000 people a year. Chronic dialysis was possible, thanks to two inventions: the artificial-kidney machine developed by the Dutch doctor Willem Kolff during World War II and a vascular-access device designed by Belding Scribner, a pioneering Seattle physician who opened the first outpatient dialysis center in the United States. But treatments were expensive, and most private insurers would not pay for them. At Scribner’s medical center, the Life or Death Committee parceled out the few slots, weighing not only the health of patients and their income, but also their perceived social worth.

News reports about the committee’s work sparked one of the earliest national debates over the right to care and put pressure on the government to step in. A turning point came when Shep Glazer, vice president of the largest patient group, made an emotional appeal to the House Ways and Means Committee as he underwent dialysis on the hearing-room floor. “If your kidneys failed tomorrow, wouldn’t you want the opportunity to live?” asked the 43-year-old father of two. “Wouldn’t you want to see your children grow up?”

The measure establishing taxpayer funding for treatment of end-stage renal disease, signed into law by President Richard M. Nixon, was expansive, and its lopsided, bipartisan approval reflected the times. Many lawmakers — even conservatives — thought the United States would adopt a European-style national health care system. Also, the program that took effect in July 1973 was expected to have about 35,000 patients and cost about $1 billion in its 10th year.

Those estimates came to seem almost laughable. The number of dialysis patients surpassed 35,000 by 1977 and has gone up from there. The growth reflected not only lower-than-expected transplant rates and the spread of diabetes, but also positive trends, like better cardiac care. With Americans living long enough for their kidneys to fail and no disqualifying conditions for the program, even the oldest and sickest patients increasingly were prescribed dialysis. Upwards of 100,000 now start treatment each year. “It’s been a perfect example of that line, ‘Build it and they will come,’” said Dr. Jay Wish, director of dialysis services for University Hospitals Case Medical Center in Cleveland.

Because the kidney program absorbed that unforeseen wave — and thus prolonged so many lives — some call it one of the great success stories of modern medicine. Still, the annual bill for the program quickly outpaced early projections, surging past $1 billion within six years. Per-patient expenditures were expected to drop as technology advanced. Instead they have risen steadily, as drug and hospitalization costs grew for the program’s increasingly frail clientele.

Medicare has struggled to enforce quality standards for dialysis while meeting its prime directive of providing universal access. As the medical community’s understanding of kidney disease grew, the government set biochemical targets for improving care. Clinics got better at hitting them, but overall rates of death and hospitalization have seen little change. And Medicare’s record of making sure that clinics meet health and safety standards has been spotty. Clinics are supposed to be inspected once every three years on average, but as of October, almost one in 10 hadn’t had a top-to-bottom check in at least five years, as shown by data from the Centers for Medicare and Medicaid Services (known as CMS). About 250 facilities hadn’t had a full recertification inspection in seven years or more. Nursing homes, by contrast, must be inspected once every 15 months, and in 2006, CMS reported that 99.9 percent had been.

Even when inspectors find that clinics are not meeting government standards, the consequences are seldom meaningful. CMS can demand that facilities submit correction plans, but it cannot fine violators as it can nursing homes. The agency almost never imposes its toughest sanction — termination from Medicare — because clinic closures could hinder access to care. From 2000 to 2008, the agency barred just 16 dialysis facilities; federal regulations set no limits on how many violations are too many. “It’s a judgment call,” said Jan Tarantino, deputy director of CMS’s survey-and-certification group.

When the Memphis University Dialysis Center was terminated from Medicare in June 2007, the step had been at least four years in the making. During that time, the clinic was flagged for dangerous conditions, inadequate care, higher-than-expected mortality rates and subpar clinical results. CMS threatened to yank the unit’s certification in March 2006 and again the following year. Both times, however, even though inspectors continued to find problems, the agency allowed the clinic to stay open.

In April 2007, nine days after CMS sent the center a letter confirming that it was back in compliance, 66-year-old James “Tug” McMurry came in for treatment. When he had slow blood flow after being given his regular dose of blood thinner, staffers administered doses of a clot-dissolving medicine, according to a CMS survey. Later, a nurse told inspectors that a doctor had given a verbal order to administer the drug, but the doctor denied it, writing “This order was not given by me” on a form.

McMurry called one of his sisters, Betty Tindall, on his way home that day. “He said, ‘They don’t know what they’re doing up there,’” Tindall recalled. A couple of hours later, McMurry’s neighbor heard him bang on the shared wall between their apartments. “Help! Help!” he yelled. Paramedics found him slumped in a chair, vomiting. Tests at the hospital showed McMurry had suffered a devastating brain hemorrhage. By the time family members made it to his bedside, he was in an irreversible coma.

In an inspection three weeks later, regulators cited Memphis University Dialysis for failing to provide “safe dialysis services” and violating rules on the proper administration of drugs. They found multiple errors involving blood thinners, including one that resulted in the hospitalization of another patient. This time, CMS revoked the dialysis unit’s Medicare certification, prompting it to close. “It took people dying before they did anything,” said Bobby Martin, an attorney for McMurry’s brother and sister-in-law, who reached a confidential settlement with DaVita Inc., the clinic’s owner, in August 2009. (A DaVita official declined to comment on the case, citing patient privacy.)

CMS officials disputed the idea that they had acted too slowly. “Please understand that this is not an easy decision,” said Jessica Jenkins, a spokeswoman for the regional office that handled the matter. “We’re not in the business of putting facilities out of business.”

Coke or Pepsi

Problems like those that regulators found in McMurry’s clinic are partly rooted in economics. The government’s payment policies for dialysis have created financial incentives that, in some ways, have worked against better patient care, while enabling for-profit corporations to dominate the business.

When the end-stage-renal-disease program began, hospitals provided most of the care on a nonprofit basis. But spurred by the guarantee of Medicare money, the marketplace met the growing demand for services through the expansion of for-profit companies. Today, more than 80 percent of the nation’s 5,000 clinics are for-profit. Almost two-thirds of all clinics are operated by two chains: Colorado-based DaVita and Fresenius, a subsidiary of a German corporation that is the leading maker of dialysis machines and supplies.

From the start, the government’s payment rules rewarded efficiency. Medicare set a rate for dialysis treatments, originally $138 per session, and covered a maximum of three treatments a week for most patients. Providers could keep whatever they didn’t spend on care. There were no penalties for poor results and no bonuses for good ones. Unlike other Medicare rates, the payment wasn’t adjusted upward for inflation.

Lawmakers cut the base rate to about $123 per treatment in 1983, after the program’s cost came in higher than expected and audits showed providers averaging profits of more than 20 percent. Dialysis companies responded like any other business facing a drop in prices, said Philip J. Held, a nationally recognized researcher on kidney disease and an economist by training. They chopped expenses by shortening treatments, thinning staff and assigning tasks once done by nurses to unlicensed technicians. Some reused dialyzers, the filters that clean a patient’s blood. “It changed the nature of the service,” Held said of the rate cut. “You get what you pay for. The price was lower, but the product was dramatically different.”

The government created another perverse incentive by allowing clinics to bill Medicare separately for certain medications, reimbursing them at a markup over what they paid drug makers. Dialysis companies embraced the opportunity: Doses of Epogen, prescribed to treat anemia, and similar medications tripled between 1989 and 2005, becoming Medicare’s single largest pharmaceutical expense. “Their core business became giving patients injectable drugs,” said Richard A. Hirth, a professor of health management and policy at the University of Michigan School of Public Health. “Dialysis was just the loss leader that got [patients] in the door.”

Though lucrative for clinics, the drug boom — much like the service cuts — may have undermined patient care. A 2006 study showed that patients treated with higher doses of Procrit, a medication similar to Epogen, were at greater risk for heart problems and death than those who got lower doses.

As a whole, the government’s payment rules have given big providers, with their economies of scale and purchasing power, a financial edge over smaller ones, spurring consolidation. DaVita and Fresenius each now have at least 1,500 clinics and more than 120,000 patients in the United States. No other operator has more than 300 clinics.

The chains say their deep pockets support quality initiatives that smaller providers can’t match. “One of the advantages of being large … is that you can invest in trying new things and being innovative,” said Dr. Allen Nissenson, DaVita’s chief medical officer. The Big Two are evolving into one-stop-shopping outlets for dialysis-related services: They run labs, pharmacies and clinics that specialize in vascular access. They have moved into the home-dialysis market and sell drugs used by dialysis patients. In 2009, the dialysis giants booked combined North American operating profits of $2.2 billion, their most ever.

In public financial filings, the companies say Medicare payments do not fully cover the cost of treatments and attribute much of their profit to the small minority of patients covered by private insurers, who pay substantially higher rates. DaVita says its margins are slimmer than those of the health care sector overall. In a March 2010 report (PDF), the independent Medicare Payment Advisory Commission judged pay for dialysis and related services to be adequate, calculating that in 2008, one-quarter of U.S. clinics had Medicare margins of at least 13 percent while another quarter lost money. The two largest providers averaged Medicare margins of 4 percent, the commission found, more than twice that of all others.

Some smaller operators are struggling. For the past several years, the Independent Dialysis Foundation, a nonprofit with nine clinics in Maryland, has run in the red. The founder, Dr. John Sadler, a pioneer in dialysis, said he has refused offers to sell because he believes independent operators offer a crucial alternative to chains. But Sadler admitted to a growing sense of futility. “Perhaps people like me are dinosaurs,” he said. “I’ve always thought our focus on patients, not profits, was important.”

Many within the dialysis world share Sadler’s uneasiness with the dominance of for-profit providers overall and chains in particular. Over the past decade, stacks of competing studies have attempted to parse whether the quality of care at for-profit centers is equal to that at nonprofit centers, with no clear-cut answer. The expanding grip of DaVita and Fresenius may make such debates moot. Though the U.S. has more dialysis clinics than ever, patients don’t necessarily have more choice. “It’s Coke and Pepsi,” said Joseph Atkins, who has been in the industry for 37 years as a technician, nurse, clinic owner, and consultant. “And in some places, it can be Coke or Pepsi.”

‘I Don’t Have Nowhere Else to Go’

Even as government policies have encouraged the spread of corporate dialysis, they have largely denied consumers the chance to use market power to push for better care. Because Medicare is the dominant payer, it has information about dialysis centers that doesn’t exist for other medical providers. Yet the Centers for Medicare and Medicaid Services has not made public key measures such as clinics’ rates of mortality, hospitalization for infection and transplantation. Regulators know how dialysis units perform by these yardsticks. So far, patients don’t.

Mark Schlesinger, a professor at the Yale School of Public Health, says the program has squandered an opportunity to be a model of patient empowerment. “In some ways, [dialysis] is where Medicare has the biggest footprint, but it’s always been kind of a backwater,” he said. “There’s a perception that these patients won’t take advantage of the opportunities.”

ProPublica first asked CMS for the clinic-specific outcome data it collects — at taxpayer expense — two years ago under the Freedom of Information Act. The agency declined to say whether it would release the material until last week, as this story neared publication. It subsequently has provided reports for all clinics for 2002 to 2010. ProPublica is reviewing the data and plans to make it available for patients, researchers and the general public.

The reasons CMS has given for withholding the information until now is that some measures are disputed or lack refinement. Regulators and providers can put the data in perspective, officials had said, but patients might misinterpret the information or see it as more than they really want to know.

CMS’s Dialysis Facility Compare website posts a handful of measures, including one for mortality, but does not give hard numbers. Instead, it categorizes patient-survival rates as “better than expected,” “worse than expected” or “as expected.” “Mortality is hard for individuals to face,” said Thomas Dudley, who oversees Dialysis Facility Compare. “You don’t want to scare people away.” Peckham, the patient-advocacy blogger, scoffed at this. “It infantilizes people to say, ‘We don’t want to burden you with information and facts,’” he said.

Would more information make a difference? ProPublica was able to obtain outcomes data directly from the state of Texas for more than 400 clinics there. The material, covering 2007-09, reveals striking differences between clinics in close proximity.

Innovative Renal Care and Midtown Kidney Center, clinics about two miles apart in Houston, had similar stats on Dialysis Facility Compare in 2007, including “as expected” survival rates. But the full data show that Innovative Renal’s average annual death rate — after factoring in patient demographics and complicating conditions — was 34 percent higher than expected. Midtown’s average rate was 15 percent lower than expected. Dialysis Facility Compare has since changed Innovative’s survival rating to “worse than expected,” but how much worse? The unpublished 2009 data reveal that the clinic performed more poorly, versus expectations, than 92 percent of all facilities nationwide. Innovative Renal’s administrator, Scott Sullivan, said the clinic had a difficult patient pool, but its most recent results have shown improvement. “We’ve put things in place to make sure those numbers are corrected,” he said.

The information void feeds patients’ general sense of powerlessness. Even activists such as Peckham or Lori Hartwell, who heads up the Renal Support Network, a patient advocacy group, say they often feel shut out of the biggest decisions affecting the dialysis system. As a group, those on dialysis have been less vocal and effective than other patient communities in pressing a cohesive agenda. Kidney failure is almost four times as common among African-Americans as among whites, and about one and a half times as common among Hispanics as among non-Hispanics. About half of the kidney program’s beneficiaries are poor enough to qualify for Medicaid. Dialysis itself can leave many patients saddled with cramps, congestion and a sapping exhaustion. “You’re a pile of mush that’s barely getting through,” said Cindy Miller, a former patient in Las Vegas who got a kidney transplant. “What do you want to do, file a class action? How many of these people are going to be alive long enough for that?”

When patients do take on the system, they can pay a heavy price. Larry Hall came home the evening of Nov. 15, 2007, to find the equivalent of a “Dear John” letter from an attorney representing DaVita, his dialysis provider. “Effective immediately,” it said, “you will no longer be treated” at Southeastern Dialysis of Wilmington, N.C., where he had been a patient for more than nine years. Enclosed “to aid you in finding a new treatment facility,” the attorney wrote, was a list of non-DaVita facilities. The closest one was 50 miles away, in South Carolina.

Hall had been dumped, or, in Medicare-ese, “involuntarily discharged.” A burly, soft-spoken man who spent almost two decades as a uranium processor for General Electric, Hall, 51, was a hyper-vigilant patient who sometimes challenged clinic managers. Starting in early 2006, they pressed Hall to sign a contract that labeled him disruptive and required him not to “hand out anti-DaVita or anti-dialysis literature on the premises.” Hall refused to sign and sued for negligence. The discharge letter arrived a few months later.

A DaVita spokesman said in an e-mail that the company did nothing improper and blamed the discharge on Hall’s “escalating disruption and behavioral issues.” The clinic continued treating Hall even after he sued, the spokesman said, adding that while Hall later won a $10,000 jury award for one claim, several others were dropped. Hall was forced to seek treatment at the emergency room of a nearby hospital, where he waited hours for stations to open up and for tests to show that his condition was dire enough to warrant intervention. Once — short of breath and swollen with 16 pounds of excess fluid — he says he was refused dialysis. Hospital workers put him in a wheelchair and left him in the lobby.

Regulators concluded that Southeastern Dialysis had violated Medicare regulations by dismissing Hall without advance notice. For now, Medicare officials have arranged for Hall to receive dialysis at the hospital. His treatments cost more than in-center care, and Hall worries the plug could be pulled at any time. “I don’t know what’s going to happen to me,” he said. “I don’t have nowhere else to go.”

The Italian Solution

Reggio Calabria is not the sort of town where you’d expect to find world-beating health care. Dusty and poor, it sits on Italy’s southern tip, at the end of a notorious highway that cost so much and took so long to build that it became a national symbol of inefficiency and corruption. The city’s main public hospital has the tired grubbiness of a bus station. Its unit for kidney patients, however, typifies dialysis Italian-style.

Other countries provide universal access to dialysis care, much like the United States. But some, notably Italy, have better patient survival and cost control. Italy has one of the lowest mortality rates for dialysis care — about one in nine patients dies each year, compared with one in five here. Yet Italy spends about one-third less than we do per patient.

These results reflect lower overall health care costs and a patient population with lower rates of diabetes and heart disease, but also important divergences in policy and practice. “The differences in mortality are staggering,” said Dr. Daniel Batlle, who is a professor at Northwestern University’s Feinberg School of Medicine and co-authored a 2009 paper on dialysis practices and outcomes in Italy.

As Dr. Carmine Zoccali, slim and white-haired, weaves through the 24-station outpatient unit in Reggio Calabria, patients recline on beds, chatting quietly or dozing. A doctor is present at every session, adjusting treatments and handling any complications. This is typical: A 2007 report showed that Italian dialysis patients had more than five times as much contact with their physicians as U.S. patients.

As Zoccali walks through the ward, nurses move between the beds, monitoring patients’ vital signs and responding to the occasional bleat of a machine alarm. There are no patient-care technicians, Zoccali explains, and some regions set mandatory staffing minimums. His unit has at least one nurse for every 3.5 patients. Their expertise not only enhances safety, but also helps keep patients compliant with their treatment programs, Zoccali says.

Most of his patients get three treatments a week, but their sessions last at least four hours, more than the U.S. average. Extending dialysis by 30 minutes per session improves life expectancy, research shows, though many patients resist adding time. Zoccali speaks wistfully of a French clinic where patients get 12-hour treatments and have lower levels of hypertension than people with healthy kidneys. “The decision to make dialysis faster wasn’t a scientific decision, it was a managerial decision,” he says. “It’s to allow you to do four shifts a day and make money.” He schedules just two shifts a day to accommodate longer treatment times.

Zoccali and other doctors credit much of their success to the Italian practice of sending patients to specialists earlier than in the United States. There are fewer financial barriers to such referrals. Those with less-advanced kidney disease have equal coverage; patients don’t need to have reached kidney failure. Intervening sooner “delays the need for dialysis and reduces the number of patients,” said Dr. Francesco Locatelli, who oversees the nephrology and dialysis program at the hospital in Lecco, near Milan.

Patients tend to start dialysis in better overall health, he said, and more than 80 percent have fistulas, the type of vascular access least vulnerable to infection and clotting. In the United States, fistulas have become more common, but most patients still start out with catheters, often because they need dialysis immediately and fistulas take time to mature.

The economics of dialysis are fundamentally different in Italy, where public hospitals still provide more than three-quarters of the care. Regional health authorities pay more per treatment than Medicare — roughly 50 percent more, the 2007 report found. But per-patient costs are lower because Italy’s indirect expenses, particularly for hospitalization, are smaller and because coverage includes drugs as well as dialysis. A 2004 study found that Italian patients got half the average dose of Epogen given to U.S. patients, perhaps because there’s no profit incentive to give them more.

Private operators have made inroads in Italy, especially where local health authorities have faced budget pressure. Areas with more private providers have so far had outstanding patient outcomes, but some practitioners think the statistics mask a more complex reality. “The private centers do the simple things, but when they have patients with complications, they send them to us,” said Dr. Giuseppe Remuzzi.

Remuzzi has presided over the dialysis unit in Bergamo, an industrial city northeast of Milan, for more than three decades. Poking his head into one treatment room, he introduces four patients, all seniors, who have been getting dialysis together for 17 years. A few doors down, Gianni Bertoletti, 57, a wry, mustachioed man with blue wire-rim glasses, is halfway through his session. Bertoletti started coming to the unit in 1971. To Remuzzi, their longevity is proof that Italy should resist the U.S. dialysis model. “If we use the same system you do,” he said, “our patients will start to have survival rates like yours.”

Breaking the Chain

Despite the deep flaws in the U.S. dialysis system — and the obvious ways that Washington could improve it — big changes don’t seem to be in the offing. Donald Berwick, the new administrator of Medicare and Medicaid, has not yet articulated his vision for the program, and health care reform leaves it largely untouched. The Institute for Healthcare Improvement, which Berwick co-founded, has worked to promote the use of fistulas, but a project director, Carol Beasley, has concluded that a piecemeal approach to fixing dialysis won’t work. “It’s unsatisfying to tinker with one broken part of a broken system,” she said. Berwick, whom conservatives already accuse of supporting health care rationing, may not have the capital to push a more holistic approach.

So far, he’s taken the step of endorsing the government’s move toward payment reform. Starting next year, Medicare will pay a combined rate — about $230 per session, subsequently indexed for inflation — for treatments, drugs and other dialysis services, removing the incentive for clinics to overuse drugs. The end-stage-renal-disease program also will try for the first time to tie pay to performance: Under a proposed rule that takes effect in 2012, clinics could lose as much as 2 percent of their Medicare payments if they fail to meet standards for anemia management and dialysis adequacy, as measured by patients’ blood tests. Dr. Barry Straube, CMS’s chief medical officer, called these just the first steps toward addressing ongoing quality issues in dialysis “in a serious and fairly rapid manner.”

Many industry experts doubt these changes will yield much. For one thing, they offer no financial reward for providers who deliver superior outcomes. Several observers also said the government is making a crucial mistake by rating performance by lab tests, not outcomes or measures that reflect patients’ quality of life. “Mortality, morbidity, and infection — that’s the bottom line,” said Joseph Atkins, the former clinic owner and consultant. “It’s easy to adjust the labs. What good is it if you have good numbers, but everyone’s dying or in the hospital?”

Increasingly, patients, doctors and advocates say that the way forward lies in focusing on alternative therapies, particularly those, such as home dialysis, that allow for longer and more frequent treatments. The biggest potential gains may rely on keeping people off dialysis in the first place. In that, the United States is falling miserably short. The incidence of kidney failure has increased by more than 80 percent since 1990; of the 40 countries that share data on this, only Taiwan and parts of Mexico have higher rates. “The centers are kind of the end of the line,” Beasley said of dialysis providers. “They could deliver perfect care, but you still would be dealing with this tidal wave of people” coming into treatment.

A potential bright spot in health care reform, she said, is that extending better coverage to persistently under- or uninsured Americans could lead to earlier intervention for kidney disease. But as care expands and the national health care debate staggers on, our four-decade experiment with dialysis is worth bearing in mind. All too often, patients get caught in a vise between bureaucracy and the bottom line. As dialysis shows, guaranteeing access can come at a steep price — in dollars and in lives.

Lisa Schwartz, a researcher at ProPublica, and Guido Romeo, a science writer in Milan, contributed to this report.


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HHS Cuts Premiums for Some High Risk Pools

Trying to spur enrollment in a new health insurance program for uninsured people with pre-existing medical conditions, the federal government is doing something private insurers almost never do: slashing rates.

That announcement Friday came as the government released the latest enrollment figures for these high risk insurance pools, which have attracted far fewer customers than expected. The program, established under the health law, began signing up enrollees in August and September. Not surprisingly, the states with lower rates have had higher enrollment.

As of Nov. 1, Pennsylvania has enrolled 1,657 people — 1,000 more than any other state, according to the Department of Health and Human Services. The Keystone state charges a $283 monthly premium — one of the lowest rates in the country. Pennsylvania is also the only state to charge the same rate regardless of age. Other states have higher rates for older people.

“Making it a little more affordable was in the thought process for us,” said Melissa Fox, spokeswoman for the Pennsylvania Insurance Department.

Premiums vary in the program nationally to reflect partial differences in health costs nationwide. Missouri, for example, has one of the highest monthly premiums – ranging from $423 to $972 a month. Only 101 Missouri residents have enrolled.

Overall, the new federal Pre-Existing Condition Insurance Plan has enrolled about 8,000 people nationally, even though the Congressional Budget Office estimated that as many as 4 million uninsured Americans would be eligible and that 200,000 would be enrolled by 2013.

The federal government is subsidizing the program with $5 billion until 2014 when the program ends. At that time insurers will no longer be able to discriminate based on a person’s health status.

Many states were worried about not being able to meet the demand for coverage with limited federal funding. So 23 states and the District of Columbia opted to have HHS run the plan for them.

HHS said Friday that it would lower premiums by about 20 percent in 2011 and offer different cost/benefit options in those plans and asked the states running their own programs to consider lowering their rates as well.

“Enrollment is beginning to accelerate and with these changes we expect it to continue to accelerate,” said Richard Popper, director for the Office of Insurance Programs in HHS’ Office of Consumer Information and Insurance Oversight.

“There’s no question that lower prices make some difference,” said Michael Keough, executive director of the North Carolina Health Insurance Risk Pool.  North Carolina, where rates range from $183 to $729 a month, has enrolled 513 people, tied with California for fourth highest in the nation.

Michael McRaith, director of the Illinois Insurance Department, said he believes that price is an important motivator. The plan in his state, where premiums begin at $111 a month, has attracted 664 enrollees. “The lower the costs the more likely people are to enroll,” he said.

To be eligible for the new program, you must have been uninsured for at least six months and have a pre-existing condition. Most states require applicants to show proof that they’ve been rejected for coverage by a private insurer within the past six months or been denied coverage for certain benefits. At least a dozen states, including Pennsylvania, give applicants the option to provide a doctor’s note as proof they have a pre-existing condition such as cancer or rheumatoid arthritis.

HHS has hired a private contractor to administer the programs it runs in states but generally they have enrolled fewer people than states running their own program.

“It makes sense if you own the program you hopefully know a bit more about your territory than those at a national level and maybe we care about it a bit more,” Keough said.

Editor’s Note: The State of Texas has opted to allow the US Depart of Health and Human Services run their high risk insurance pool, as they were worried about the costs of meeting the mandated insurance coverage with limited federal funding. 2010 rates for Texas residents under this plan currently range from $323 to $688 per month. Applications for the this plan are available here.

This article was reprinted from kaiserhealthnews.org with permission from the Henry J. Kaiser Family Foundation. Kaiser Health News, an editorially independent news service, is a program of the Kaiser Family Foundation, a nonpartisan health care policy research organization unaffiliated with Kaiser Permanente.

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Health Care Reform Myths and Facts

This story was produced in collaboration with wapo

The debate that preceded passage of the health-care overhaul resumed as a heated issue in the midterm elections. Politicians and advocacy groups seeking repeal of the law are making dramatic claims about its cost and effects. How valid are they? We evaluate some of the most common criticisms.

The Claim: The law amounts to a “government takeover” of health insurance and health care.

SAYS WHO?

Some GOP politicians, including Rep. Wally Herger, R-Calif., the ranking member of the Ways and Means Subcommittee on Health, who says the law is a “government takeover of health care” and should be repealed.

HOW TRUE IS IT?

The law signals a sharp expansion of the federal government’s involvement in health care. It requires most Americans to have insurance and imposes a raft of federal rules on insurers. It also vastly increases the number of people who will qualify for Medicaid, the federal-state program for the poor, and offers subsidies to others who can’t afford private coverage. Still, it falls far short of a government takeover.

Most people under 65 will continue to receive health insurance coverage through private employers and insurance companies. Medical care will be provided by private hospitals and doctors. Drug companies and device makers will continue to develop and sell their products. Prices in the private market will be determined by competition and negotiations; fees paid to doctors and hospitals by Medicare will continue to be set by the government.

Insurers will be barred from rejecting applicants with health problems and will be required to use a certain percentage of the premiums they collect on medical care — as opposed to administrative expenses or profits, for example. Premium increases will get more scrutiny but won’t be directly regulated by the federal government.

The law doesn’t create government-run insurance plans. But states (or the federal government) will run “exchanges” — marketplaces — where private insurers will sell insurance to individuals and small businesses.

The law also promotes the creation of consumer co-op plans, which would be member-run, nonprofit insurers. The government’s share of the nation’s health-care tab will continue to grow as more people sign up for Medicaid and the baby-boom generation hits Medicare age. By 2012, Medicare actuaries estimate, the government will be paying for slightly more than half the nation’s health-care bill, up from 48 percent in 2008.

The Claim: The law will gut Medicare by cutting more than $500 billion from the program over 10 years; seniors will lose benefits and won’t be able to keep their doctors.

SAYS WHO?

Most notably the 60 Plus Association, a conservative seniors group, and Crossroads GPS, another conservative advocacy group, in campaign ads targeting Democratic incumbents in Congress. Some Republican candidates also have made the claim.

HOW TRUE IS IT?

The gutting of Medicare claim goes too far. The new law slows the growth of Medicare spending over the next decade. But it doesn’t actually cut spending from one year to the next.

Medicare’s chief actuary, Rick Foster, estimated that the law could reduce projected Medicare spending by more than $575 billion over 10 years. The savings — which will help pay for the expansion of coverage to the under-65 uninsured — come from slowing the growth of fees paid to hospitals, home health agencies and other providers, and reducing payments to private Medicare Advantage insurance plans.

What this means for seniors is a bit murkier. None of the basic benefits provided under traditional Medicare will be eliminated; in fact, some new benefits have been added. But Democrats have downplayed the potential impact on seniors who have Medicare Advantage plans. Foster says the lower reimbursement to insurers means such seniors may pay hundreds of dollars more per year in out-of-pocket costs. The cuts, which begin in 2012, may well prompt the private plans to trim or eliminate extra benefits, which sometimes include vision and dental care and gym memberships. About 24 percent of seniors in Medicare are enrolled in private plans.

Some Medicare Advantage plans might shut down altogether. That would force enrollees to go back to traditional Medicare or switch to another private plan, which could also mean changing doctors. The nonpartisan Congressional Budget Office estimates that, because of the law, Medicare Advantage plans by 2019 might cover 4.8 million fewer people than the 13.9 million projected without the health-care overhaul law.

Some seniors have expressed concern that they won’t be able to keep their doctors or find new ones if they have to. And it’s true that some doctors are declining to accept new Medicare patients, saying the program doesn’t pay enough, a complaint that predates the new law. The doctors’ biggest headache is a 1997 law that will reduce doctors’ Medicare payments by 23 percent on Dec. 1 unless Congress postpones the cut, an action that most lawmakers believe is likely. Under the overhaul law, some primary-care doctors will also get 10 percent bonus payments in Medicare from 2011 to 2015.

The law also adds some new benefits to Medicare, including free preventive screenings and $250 rebates this year to seniors who hit the prescription-drug coverage gap called the “doughnut hole.” That means that the net Medicare savings generated by the law total less than the 10-year estimate of $575 billion.

Still, the savings mean the Medicare hospital trust fund will remain solvent until 2029, a dozen years longer than projected without the law, according to the latest Medicare trustees’ report. On the other hand, not all the savings may materialize, because Congress may tinker with the formula over time if enough medical providers have trouble getting by on the slower-growing payments.

The Claim: The law will cause 87 million Americans to lose their current coverage.

SAYS WHO?

Republican House members asserted this in the “Pledge to America” governing plan they released last month, adding that it contradicts President Obama’s assurance during the health-care debate that “if you like your health plan, you can keep it.”

HOW TRUE IS IT?

Partly, at best. But evidence is limited.

Obama was certainly obscuring the picture. The law exempts plans in existence before its adoption from key requirements such as offering free preventive services, raising annual dollar limits on benefits and improving access to out-of-network emergency care.

But insurers can lose this “grandfathered status” by making such changes as restricting the coverage of particular conditions or raising plan members’ deductibles or other out-of-pocket costs 15 percent above medical inflation. The same goes for employers that switch insurance carriers or reduce the share of the premiums they cover by more than 5 percentage points. As a result, the administration estimates that by 2013, plans covering millions of workers will have fallen out of grandfathered status — not 87 million but 78 million workers according to the most recent figures.

Still, the Republican assertion that these workers will be forced to “drop their current coverage” implies the workers will be left with a worse plan or none at all.There’s little evidence for that. Many currently grandfathered plans already offer some or even all of the consumer protections required of new plans. So losing grandfathered status wouldn’t necessarily require them to raise premiums or make other changes. What portion of plans fall into this category? There are not enough data to say.

The research is also limited when it comes to assessing the impact on the share of plans that will need to add consumer protections as a result of losing grandfathered status. Republicans argue that the requirements could prove expensive and that many insurers or employers will be forced to pass the cost on to consumers or cancel the plans altogether.

However, government estimates suggest that the problem is not likely to be widespread. For instance, including coverage of preventive services generally increases a plan’s costs by less than 2 percent.

The Claim: The law is driving up costs and premiums and will continue to do so over the next several years.

SAYS WHO?

Republican Ron Johnson, challenger to Sen. Russ Feingold, D-Wis., the U.S. Chamber of Commerce, in an advertisement targeting Sen. Michael Bennet, D-Colo., and Revere America, a group chaired by former New York governor George Pataki.

HOW TRUE IS IT?

There may be very small increases initially. In the long term, any prediction is speculative. Figuring out how the new law will affect health-care costs — and therefore premiums — is among the trickiest issues surrounding the statute. Not many people think costs will decline; the question is whether costs and premiums would go up faster with or without the law.

In the short term, state insurance commissioners say some providers of individual and small-group coverage are raising rates for next year by up to 9 percent. These insurers and Republican critics say that the law’s consumer protection provisions, such as the prohibition on lifetime caps, are forcing them to raise premiums.

But the Obama administration, citing estimates from the Urban Institute, the human resources consulting company Mercer and others, says the law isn’t responsible for any increase greater than 1 to 2 percent. That assertion is supported by one of the first major surveys to forecast what might happen next year. Hewitt, a consulting firm, said that large companies’ premiums are expected to rise 8.8 percent in 2011 — 1 to 2 percent due to the law, the rest due to higher medical costs.

It’s almost impossible to predict the long term. Last November the Congressional Budget Office analyzed the Senate bill, which is not much different from the law that eventually was passed. It found that premiums for small and large employers would likely not be much higher in 2016 than they would be absent the law — and might actually be lower.

But the CBO projections are based on assumptions about how the law might help constrain costs, and it’s hard to know whether those assumptions are correct. Premium rates are driven by many factors, including what doctors and drugmakers charge, how many people need care (spending goes up during flu outbreaks), how much insurers spend on administration or keep in profits.

Many of the provisions aimed at restraining those factors, such as those devised to reduce a unnecessary hospital readmissions, may not pay off for years.

The law also requires insurers to spend at least 80 percent of revenue on direct medical care. And the consumer exchanges that will open in 2014 — essentially, lists of private plans available in a region and their premiums — may also foster competition. But it’s unclear how effective these steps will be at restraining costs.

What about people who buy their own insurance? The CBO projects that policies bought on the individual market will be 10 percent to 13 percent higher in 2016 than they would have been without the law, mainly because the coverage will be more comprehensive than what is often purchased on the individual market today. It estimates that about half of those buying their own coverage will probably qualify for government subsidies.

The Claim: The law’s expansion of Medicaid will put massive pressure on state budgets at a time when many are already in crisis.

SAYS WHO?

Twenty states are challenging the law’s constitutionality in federal court, arguing that the Medicaid changes effectively require many of them to spend billions of dollars in “an unprecedented encroachment on the sovereignty of the states.” Similar concerns have been raised by politicians including Pam Bondi, the Republican candidate for attorney general of Florida, and Rory Reid, the Democratic candidate for governor of Nevada.

HOW TRUE IS IT?

The impact will probably be small, but it’s hard to say for sure. Technically, Medicaid is a voluntary partnership, with the federal government covering most of the cost and states paying a remaining share calculated according to their wealth. In practice, states would be loath to pull out of Medicaid because they would be giving up billions in federal assistance for their poorest citizens.

Until now, there has been wide diversity among the states on the question of who should be eligible for Medicaid. Some states limit assistance for adults to those who are disabled or truly indigent. Others have devoted extra money to cover, for instance, parents who earn up to at least 150 percent of the poverty level, or about $33,000 for a family of four.

Starting in 2014, the new law will require participating states to cover everyone earning 133 percent of the poverty level or less. It is estimated that this will bring 16 million to 23 million more people into Medicaid. The federal government will pick up nearly all the cost of these newly eligible beneficiaries, starting at 100 percent from 2014 to 2016 and gradually decreasing its share to 90 percent from 2020 onward.

The impact of this mandate could vary considerably. States such as Texas and Alabama that have had narrow eligibility rules will add far more people to their rolls. But they will also get a lot more federal dollars to cover the extra cost. States such as Massachusetts and New York, whose current rules are more expansive, may see fewer new enrollees, but initially they’ll get less federal help to cover them.

Such states could also see savings because many people they have been helping will be eligible for federal subsidies to buy insurance on state-based exchanges.

So what’s the bottom line? Estimates vary widely.

In a study for the Kaiser Family Foundation, the Urban Institute estimated that, not counting offsetting savings, between 2014 and 2019, total state spending on Medicaid will increase by $21 billion, 1.4 percent more than they would have spent in the absence of the new law. But that masks considerable differences across states. Four will spend less than they would have otherwise. Nine will increase their spending by 3 or even 4 percent.

While the Urban Institute’s analysis tracks with Congressional Budget Office estimates, several states have come up with substantially higher projections.

The Claim: The new law uses tax dollars to pay for abortions.

SAYS WHO?

Groups including the Susan B. Anthony List and Americans United for Life have spent at least $2 million on television ads, radio spots and billboards describing the law as the largest expansion of taxpayer-funded abortions in decades. In their “Pledge to America,” Republican House leaders assert that the law and an accompanying executive order issued by President Barack Obama are “inadequate to ensure that taxpayer funds are not used” to pay for abortions.

HOW TRUE IS IT?

Open to interpretation. Under the Hyde Amendment, which Congress has attached to yearly spending bills since 1977, federal dollars cannot be used to directly fund abortions, except in cases of rape or incest, or where the mother’s life is in danger.

This prevents abortions from being covered by insurance plans for federal employees, the Tricare plans for military families and the federally funded portion of Medicaid, the health program for the poor.

But the insurance system created by the new law does not lend itself to a straightforward segregation of federal funds in other plans.

In the state-based exchanges that the law creates, people without employer-based coverage will be able to buy private insurance using a combination of their own money and federal subsidies that most will receive based on their income level. Drafters of the law attempted to assuage both sides of the abortion debate through a compromise that ended up pleasing neither.

Insurers are allowed to include abortion coverage in their exchange plans, but everyone who buys such a plan must make two separate premium payments: one covering the bulk of the policy and another, far smaller one, as little as $1 per month, for the plan’s abortion coverage. Any federal subsidies can only be applied to the first payment.

Anti-abortion groups complain that the arrangement amounts to little more than an accounting gimmick. Unless plans that accept federally subsidized customers are barred from covering abortion, they say, the government will effectively be using at least some tax dollars to fund abortions.

To reassure them, Obama issued an executive order immediately after the law’s passage affirming his commitment to prevent federal funds from being used to pay for abortions. But the advocates complain that the order merely calls for compliance with the two-payment rule and is an “empty gesture.” Meanwhile, abortion-rights supporters worry that in practice few if any plans on the exchanges will end up offering abortion coverage because insurers will find the two-payment rule cumbersome and consumers will consider it bizarre and objectionable. They also note that the law allows states to prohibit plans on their exchanges from offering abortion coverage, an exception that could affect large numbers of women.

By Julie Appleby, Kaiser Health News and N.C. Aizenman, The Washington Post
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This article was reprinted from kaiserhealthnews.org with permission from the Henry J. Kaiser Family Foundation. Kaiser Health News, an editorially independent news service, is a program of the Kaiser Family Foundation, a nonpartisan health care policy research organization unaffiliated with Kaiser Permanente.