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HHS Spying on Docs

The New York Times’ Robert Pear has a front page story on a $350,000 sting operation by President Obama’s Department of Health and Human Services to identify doctors who are reluctant to accept new Medicare and Medicaid patients. According to the article, the Obama administration is trying “to discover whether doctors are accepting patients with private insurance while turning away those in government health programs that pay lower reimbursement rates.”

Secret-shopper programs themselves are not new. I recall Bush CMS director Kerry Weems briefing me on his experience putting on a plaid shirt and a baseball cap to participate in a CMS effort to see how well Medicare Part D open enrollment counselors were doing at explaining benefit packages to seniors. Weems told me that he was surprised that the counselors were not more curious about how well he knew the intricacies of Part D. That program, however, was about quality control, and not catching doctors engaging in behavior that the government dislikes.

What’s going on here is more troubling. In the July/August issue of Commentary (dead tree only at the moment), my Hudson colleagues Doug Feith and Seth Cropsey characterize Obama’s foreign policy as the doctrine of “constrainment.” The word is apt for describing the Obama approach towards physicians as well. Doctors feel increasingly constrained by decisions being made about practice via IPAB, about organization via restrictive rules about accountable care organizations, and about reimbursement via the increasingly crazy quilt payment schemes of Medicare and Medicaid. 

As Scott Gottlieb — an MD and former CMS official — has pointed out, such policies discourage entrepreneurship among doctors. This goes along with his warning that the Obama health-care law would “kill off private practice medicine,” as doctors vote with their medical bags and choose to leave private practice for salaried work in larger institutions, such as hospitals, that will handle their growing bureaucratic burdens for them. Doctors might like the increased security, but patients won’t like the colder institutional touch.

Having the federal government spy on doctors to see how they react to these “constrainments” is not the answer to the problem of fewer doctors in private practice; it’s just one more spur driving doctors from having private practices to begin with. The real solution is to have the federal government change the policies that drive this behavior. Unfortunately, the spy program shows that the Obama administration is increasingly committed to its current problematic approach. 

New on The Corner. . .


COMMENTS   30

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   06/27/11 12:13

"According to the article, the Obama administration is trying “to discover whether doctors are accepting patients with private insurance while turning away those in government health programs that pay lower reimbursement rates.”"

Is it illegal to accept new non-Medicare patients while not accepting new Medicare patients?

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   06/27/11 14:04

Absolutely not...yet. At least that's the case in Tennessee where I practice.

Like many others, I'm racing the clock hoping to get through the bulk of my career and retire before physicians are stripped totally of any semblance of practice autonomy. I tell any bright, young person who asks to stay as far away from medicine as a career as possible unless being a medical bureaucrat appeals to them. The future's so bright, I gotta wear shades and all that...

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   06/27/11 14:53

The Mayo Clinic, one of Obama's favorite ACO organizations, notified its Medicare recipients last year that it was accepting no new Medicare beneficiaries. Practice consultants recommend that internists have no more than 11% Medicare patients in their practice.

Medical students, who I have taught for 14 years, are becoming more left wing. It is very rare to hear of one interested in private practice of the old, entrepreneurial type. Very few are interested in primary care and I have told those few who express such an interest to get an MBA as they will be managing "providers" with RNs and PA licenses. They all know it.

The Obama people, like those in Massachusetts, are probably thinking of making participation mandatory for licensure. They can require continuing education so why not caring for Medicaid patients ?

That is probably when we sill see medical school applications crash.

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Miguel A Martinez
   06/27/11 12:25

The doctors are now to be slaves of the State by compulsion by having to take patients with "government health programs that pay lower reimbursement rates.”The confiscation of the fruits of labor is by definition slavery. This move by the Obama Administration is no different.

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   06/27/11 12:33

I believe this secret shopper program is designed to justify what will likely be a new rule from CMS. I suspect that all physicians who want to participate in Medicare and Medicaid programs will be required to show that they have not adjusted their patient mix based on insurance coverage. If such a rule is implemented I and many other physicians would stop participation in both Medicare and Medicaid.

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Lauretta
   06/27/11 12:44

...exactly, bpbastista. In the 'regressive's world' you're always guilty by the process, not the crime.

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   06/27/11 12:49

The real purpose of the "spying" is the adminstration's continued effort to demonize physicians.

The IPAB is going to make payment policy that rations care that will run counter to physician recommendations for patient treatment.

I think it is fair to say that most people trust their physician much more so than they do the government. If you can't raise the level of trust in one institution then bring it down in the "competing institution".

BTW, my wife is a primary care physician who sees mostly Medicare recipients. You can limit the the percentage of your practice that is devoted to Medicare/Medicaid patients.

We have not taken new patients in some years, at least not those off the street because her practice is as full as she intends for it to be. We do take an occasional family member of an existing family usually as the result of a death of another existing patient that is somehow acquainted.

As far as being driven into a salary position in a hospital owned practice for instance, Obama and all his thugs and Czars can't live long enough put our piece of Humpty Dumpty into that puzzle

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DoctorRobert
   06/27/11 12:53

bpbatista, in Massachusetts it is a requirement of licensure that MDs accept all patients without regard to insurance status. We also have to provide handicapped access (not unreasonable) and translation services (a very big deal) at our expense. Some of these requirements are generally overlooked but the state retains them and can use them to fry a physician who has run afoul of this or that inspector.

The idea of medical entrepeneurship is an important one, much medical progress comes not from big research institutions but instead from little guys who have a idea. To give an example in my own field, laparoscopic hysterectomies were developed by a solo practicing doc in rural PA, whose career floundered when he was recruited into a large research institution.

The private practice of medicine is doomed in America, you all won't believe how awful health care will be in the new system modelled on the British and Soviet models. I just hope I can sweat it out until retirement.

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   06/27/11 15:46

Your right about the end of private practice. My cousin and her partners recently closed their once thriving private practice. The passing of Obamacare was the last straw that killed it. Two of her partners were close to retirement age and did so. One other partner is leaving medicine and my cousin has been teaching in a medical school. She got tenure so she is a full time professor of medicine now. So she at least landed on her feet, so she is "lucky", which many doctors will not have. They will likely end up bankrupt.

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   06/28/11 02:16

In my field of ophthalmology the greatest advance in my 32 year career has been the development of intraocular lenses for cataract surgery. Millions of Americans every year benefit from restored sight as a result. These were developed entirely by entrepreneuring private practice physicians who saw the need for this innovation. Some went bankrupt, a few became bazillionaires.

In my relatively medically underserved (i.e. high Medicaid)area, the vast majority of new physicians are foreign trained. These are the folks who are able to appreciate that our government funded medical care pays better than theirs did. Many are well-trained doctors, but many do not communicate well with their patients. Our region is the canary in the coal mine for the future practice of medicine in this country. I fear that our medical care will eventually come from foreign doctors supervising nurse practitioners. And the whole system will be overseen by faceless bureaucrats.

After the investment of years, and hundreds of thousands of dollars, in obtaining a medical education and establishing a practice, it will simply not pay to practice medicine controlled by politicians. Medicine will become another job "Americans are not willing to do".

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   06/27/11 12:54

@bpbatista

It certainly is and I don't know why the Obama administration is trying to "discover" this. It is a well known problem. If you call up a primary care physician and tell them you are on Medicare they will tell you that they don't take it. My neighbor who is in his 70's has to pay 100% of his PCP bills because his Doc won't accept Medicare and legally he can't make up the difference.

Here is an article on a new clinic that opened up in Anchorage specifically for Medicare patients
External Link 

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   06/27/11 12:59

"Doctors feel increasingly constrained by decisions being made about practice via IPAB"

Isn't it true that IPAB has not made any decisions, issue any directives, or change any aspect of anything related to healthcare at this point in time? Isn't this speculation?

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complete curmudgeon
   06/27/11 13:34

It is noted that you did not mention the other dynamics discussed in the article.

The IPAB will have enormous impact on the way physicians manage the treatment of patients. We've already seen a pre cursor to this with the various correct coding initiatives that CMS has promulgated.

The response by physicians to a mandate from Obama/Sebelius will be heartbreaking. The quality of care rendered to publically funded patients will decline and in some very subtle ways.

Here's a perfect example: Medicaid patients have an appointment cancellation/no show rate that is significantly higher than that of those who pay their bills or manage to obtain coverage with their own money. Doctors respond to this with "medicaid day". All the medicaid patients are scheduled for the same day, often double or even triple booked. That way the office doesn't have slack time because so many flaky patients just didn't show up for their free care.

Look for more such survival techniques and look for them to be imposed on Medicare patients too as the need to sustain a practice destroys the civility we've hoped for.

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   06/27/11 15:49

I don't know why they think by forcing people to do things that they will do them better!!! It never works!

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   06/27/11 13:00

This can be called a "stealth survey", or anything else the government wants to call it, but it's the federal government spying without a warrant on people engaged in 100% legitimate activity without any reasonable suspicion of individual wrongdoing.

I guess you can't stop all Middle Easterners at the airport, or Mexicans on the border, but you can spy on all doctors as a corrupt suspect class to which restrictions on profiling are inapplicable.

If the Clinton or Bush administrations did it, there would be calls for impeachment - - by Barack Obama.

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magck
   06/27/11 13:19

I don't know, maybe given the $60,000,000,000 in Medicare fraud every year, a better target for this $350,000 investigation could be found...

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Arthur Watkins
   06/27/11 13:36

What if the Federal Government decided to only compensate doctors at $.05 on the dollar? Some posters here are suggesting that is perfectly OK even though it is a clearly illegal mandate, even though liberal judges would endorse it. As reader Miguel A Martinez commented below, that is the definition of slavery. Ironic that a "black" President would endorse such a thing.

Government tampering and jerrymandering of free markets has led to every one of the disasters presently facing the country. This is why no government should ever be permitted to engage in price fixing activities. It is illegal in the private world, it should be illegal in the government world as well. Good luck prosecuting Gorelick, Raines, Frank, and Dodd though. It's a sweet racket if you can get in on the deal.

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   06/27/11 15:51

they want to bankrupt doctors. So they can "bail" them out and get what they want that they can't when doctors are private.

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jason p merritt
   06/27/11 14:08

Get rid both medicare and medicaid.Increase social security check and call it good.

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jason p merritt
   06/27/11 14:10

Get rid both medicare and medicaid.Increase social security check and call it good.

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