A striking feature of social policy in the United
States is the heavy reliance of public agencies on private institutions.
At the state and local level, social services are delivered through
a welter of nonprofit organizations, community institutions, and profit-oriented
providers. At the national level, longstanding federal policies leave
a wide range of social welfare responsibilities in the hands of private
corporations, whose provision of health insurance, pensions, and other
fringe benefits is subsidized through the tax code and governed by an
expanding complex of regulations. Even America's most quintessential
social programs are not exempt from this pattern. Federal housing, public
assistance, and education policies all have long mixed direct government
spending with indirect support for private provision through loans,
insurance, tax breaks, and vouchers. Yet, in the roster of federal social
interventions, no program better illustrates the private sector impulse-in
its best and worst manifestations-than Medicare.
When Medicare was created in 1965, it was meant to emulate the Blue
Cross Blue Shield plans that were then the gold standard for private
coverage. And not just emulate them: under the law, hospitals and doctors
could elect to have their Medicare payments funneled through the Blues
or other private plans, and not surprisingly, most did. Not only that,
the legislation promised to reimburse medical providers at rates that
were "reasonable and customary," meaning essentially whatever
they chose to charge. Ironically, a program that critics have savaged
for decades as socialism run amok initially foreswore any intervention
in the practice or structure of private medical care. Social insurance
it was, but "socialized medicine" it surely was not.
In the years since, of course, Medicare has become a more interventionist
program, its reimbursement system increasingly restrictive, its largesse
entailing obligations on the part of medical providers that may well
have killed the legislation in 1965. Yet, in many ways, Medicare today
is more dependent on the private medical sector-and the private sector
on it-than ever. This is because of a critical but, until recently,
little-noticed development in the program: the establishment and expansion
of Medicare risk contracts. Under such contracts, Medicare pays HMOs
and other private health plans a preset amount to care for Medicare
beneficiaries who enroll in private plans. Initiated as a demonstration
project in the early 1980s, risk contracting has grown dramatically
in the past half decade, expanding from 114 plans and fewer than two
million enrollees in 1993 to more than three hundred plans and over
5.5 million enrollees in 1998. More than a seventh of Medicare beneficiaries
now receive their care from private plans, and the Congressional Budget
Office (CBO) projects that under current policy about half will do so
by 2030 (CBO 1998). Critics and proponents alike have described this
development as "privatization," but this is misleading, inasmuch
as it implies that Medicare does not incorporate substantial elements
of private administration and provision already. Although the growth
of contracting does indeed represent a fundamental change within Medicare,
that change has more to do with the distribution of risk rather than
with the delivery of services-which is why it cuts much closer to the
heart of Medicare qua social insurance than either side seems to have
recognized.
Medicare contracting became a leading political issued in 1997, when
President Clinton and Congress agreed to restructure and expand the
policy as part of the so-called Medicare+Choice provisions contained
in the Balanced Budget Act (BBA). The issue became prominent again in
early 1999, when a bipartisan commission established by the BBA failed
to reach the necessary supermajority to recommend a comprehensive Medicare
reform proposal crafted by the commission's chair, Democratic Senator
John Breaux. That proposal went well beyond the BBA-which, among other
things, increased the range of plans participating in Medicare and changed
the way they were paid-to outline an entirely new program based on regulated
competition among private health plans, with traditional Medicare becoming
simply another contender in the competitive fray. The demise of the
commission and the subsequent release of a Medicare Trustees' report
indicating a rosier-than-expected fiscal outlook have pushed this ambitious
set of changes off the immediate political agenda. Yet reforms of this
sort will remain a leading alternative in the debate over Medicare's
future and, regardless of their fate, the place of private health plans
within the program is certain to remain fiercely contested.
Into these unsettled waters wades Richard Kronick and Joy de Beyer's
recent edited volume, which presents as informed and timely an analysis
of the dilemmas raised by contracting-and of the mechanisms proposed
to address them-as health policy experts are likely to find. The chief
selling point of this focused book-a collection of essays commissioned
under a grant from the Commonwealth Fund-is its careful review of the
problem of risk-selection and how it might be ameliorated through payment
mechanisms, the provision of information, and the regulation of plan
behavior. The book is clearly meant to offer an optimistic assessment
of such measures. In the concluding chapter, Kronick and de Beyer express
their hope that "the material presented in this book will further
understanding of the tasks ahead and perhaps facilitate their accomplishment"
(p. 226). Yet the problems that their volume identifies are so endemic
and the proposed solutions so institutionally and politically delicate
and of such uncertain efficacy that the overall effect is less than
reassuring.
Medicare HMOs is billed as a manual for "making HMOs work for
the chronically ill." This is false advertising, or at least something
of a bait and switch. The volume has surprisingly little to say about
how vulnerable patients fare in HMOs or other private plans. Kronick
and de Beyer do claim in the preface that "HMOs can reduce the
costs of providing healthcare to a defined population, increase quality
of care, and lead to improved health outcomes" (p.1), and they
offer a one-paragraph literature review of the research on comparative
health quality in the first chapter. Yet none of the essays assesses
in any depth the relative performance of Medicare and private plans,
nor do any evaluate the degree to which HMOs live up to their promise
of preventive medicine, coordinated delivery of services, and active
clinical oversight. As a result, the book is less an analysis of the
suitability of private health plans for vulnerable patients than a detailed
discussion of risk selection and how to discourage it. And while risk
selection clearly affects the care of individual patients, its broader
implications for the structure of Medicare are in many ways more profound.
Unfortunately, because the book is framed around the incentives that
risk selection creates for the delivery of care to individual patients,
it does not give enough attention to these larger structural concerns.
Nonetheless, on the realities of risk selection and the potential means
to fight it, the essays in this collection are knowledgeable and well
crafted. Kronick and de Beyer set the tone with a brisk tour of the
evidence that Medicare HMOs attract a disproportionate mix of healthy
patients. Although the story will be familiar to most health policy
observers, they tell it well, and it is hard not to be impressed anew
by the success that HMOs have had in avoiding high-cost patients. Compared
with beneficiaries who remain in traditional Medicare, enrollees in
Medicare HMOs "have lower prevalence of chronic conditions, better
self-reported health, and better functional health status" (p.10).
They are less likely to be disabled, have significantly lower age-adjusted
mortality rates, and cost Medicare less before enrollment than those
who remain in the traditional program. As de Beyer shows in chapter
8, this is not just because healthier patients are more likely to enroll
in HMOs, but also because sicker, older, poorer, and disabled patients
are more likely to leave them. Yet, despite extensive biased selection
of this sort, Medicare pays private plans a fixed amount that is essentially
equal to what it costs the program to treat an average Medicare beneficiary
in any given region, with minimal adjustments for demographic and other
differences. Private plans can thus reap considerable profits and cover
their higher administrative costs even while offering broader benefits
than Medicare does. This is a good deal for private health plans and
for those who gain enhanced coverage through them. But it is a bad deal
for Medicare, which has consistently lost money on the program (at least
$2.2 billion in the past three years (p. 217)). And it poses risks to
high-cost beneficiaries, whom private health plans have incentives to
avoid enrolling, retaining, or adequately treating.
The remaining essays all consider ways to deal with the risk-selection
problem. Inevitably, many of the solutions are familiar from the 1993-1994
debate over the Clinton plan for "managed competition." Now
as then the Holy Grail of competitive health care reform, "risk
adjustment," emerges center stage. This time, however, it surfaces
with more real-world experience and short-term significance attached
to it, since some states and large employers have already tried to implement
risk adjustment and the BBA requires that Medicare develop a provisional
scheme by the turn of the century. In their well-researched chapter
on the subject, Tony Dreyfus and Kronick make a convincing case that
risk adjustment (or, as they term it, "health-based payment")
could bring the amount that Medicare pays plans and the amount that
beneficiaries cost plans more closely into line. Their case is weaker,
however, when they turn to the feasibility and effectiveness of the
approach. Even the best available techniques for adjusting payments
son the basis of a patient's past health experience still have relatively
poor predictive ability (accounting for between 8 and 11 percent of
an elderly patient's expenditures in the coming year (p. 5)). And these
measures require extensive diagnostic information that, for many beneficiaries,
would have to be collected and reported by private health plans themselves.
Putting aside the privacy concerns that seem to be a fixture of medical
care debates in the United States, it is worth noting that private health
plans have to date been acutely reluctant to take on this task, and
many would need to make substantial investments to do so (pp. 49-50).
Recognizing these difficulties, Dreyfus and Kronick consider various
complements to risk adjustment. They discuss risk sharing and partial
capitation formulae that mix prospective and retrospective reimbursement,
and they argue that Medicare should provide special payments for costly
end-of-life care (a policy that has so far been considered taboo because
of the specter of "paying for death" (p. 383). They also rightly
argue that risk adjustment neither can nor must be perfect to weaken
the incentives for risk selections. Still, Dreyfus and Kronick do not
specify how good risk adjustment has to be to pose a serious barrier
to risk selection-in part because there is not yet sufficient evidence
to know. Within any given risk category, however sophisticated its construction,
patients will always turn out to differ greatly in their actual medical
need. And, once enrollment occurs, health plans will always have more
information about the health of patients than Medicare does. So, too,
for that matter, will patients, who may move in and out of plans based
on their current need for specialty services or ready access to care.
The combination of plan "cherry picking" and patient self-selection,
along with the subtle effects of marketing, the structure of benefits,
and the way in which care is delivered, all could lead to biased selection
or undertreatment even in the presence of risk adjustment.
Accordingly, the chapters that follow Dreyfus and Kronick's discuss
a number of auxiliary measures for discouraging health plans from engaging
in risk selections or providing substandard care to costly patients:
Mark Merlis examines the provision of comparative information on health
plans to Medicare beneficiaries, Mark McClellan and Sontine Kalba weight
the possible effects of benefits standardization, Gerard Anderson looks
at managed care regulations at the state level to assess the prospects
for federal quality-assurance efforts, and de Beyer takes up the particular
regulatory challenge of monitoring and policing disenrollment from private
plans. Perhaps the most inviting chapter is the one by Thomas Rice,
who explores a reform option that has only a tenuous connection to selection
bias in Medicare HMOs. He proposes the creation of an annual open enrollment
period for Medigap supplementary policies that would be coordinated
with the new enrollment period for private plans mandated by the BBA.
The benefits of reforming the Medigap market and coordinating enrollment
are clear. Less unambiguous, however, is Rice's assertion that coordinated
open enrollment would reduce the extent of selection bias. His premise-that
unhealthy beneficiaries would find they could receive broad benefits
through private insurance and hence choose it over traditional Medicare
plus supplementary coverage-assumes, rather implausibly, that private
plans would continue to be able to offer such comparatively generous
benefits if risk selection were less prevalent or payments to private
plans better reflected the health status of enrollees.
As in any edited volume, the quality of the analyses vary, and the
authors evince different degrees of enthusiasm for the broader project
of the book. Merlis's fine chapter on comparative information, for example,
ends on a decidedly skeptical note, citing the difficulties of comparing
quality across private plans and, even more so, between such plans and
Medicare. He also points out the irony that better comparative information
might actually increase, not decrease, risk selection by encouraging
patients with special conditions to enroll in the plans that excel in
treating their needs. As Merlis sensibly concludes, "To advocate
improved consumer information as a means of reducing selection bias
assumes that higher-risk beneficiaries making fully informed and rational
choices will be more likely than at present to select managed care options.
This is by no means certain" (p. 102).
The collective impression conveyed by these chapters, besides the obvious
conclusion that Medicare contracting will keep health policy specialists
in high demand well into the next century, is that improving the operation
of Medicare's internal market will require a daunting progression of
delicately calibrated reforms, nearly all reliant upon one another to
achieve their desired ends. The closing chapter by Kronick and de Beyer
does little to dispel this impression. It lists at least twelve separate
reforms discussed in the previous pages, rating each with regard to
its feasibility and potential effect on risk selection. To their credit,
Kronick and de Beyer include a crude measure of political feasibility
in their ratings-the degree to which proposed reforms threaten "vested
interests" in Medicare (presumable private health plans and other
industry interests, not beneficiaries). But, in addition to being ungrounded
in any broader discussion of Medicare politics, this gesture toward
political realism unrealistically considers each of the reforms in isolation
from one another. It also appears much too sanguine: during the debate
over the BBA, Medicare HMOs managed to turn a proposed reimbursement
cut into a guaranteed payment floor and a promise of minimum annual
future increases, and even so many have since left or threatened to
leave the program. As with the complex Clinton health plan, the inspiration
for which was similarly rooted in the managed competition design, the
clever ideas catalogued in Medicare HMOs fail as a whole to give sufficient
weight to the difficulties of achieving coordinated and interdependent
policy aspirations through the fragmented and conflictual American political
process.
The major fault of the book, however, is more serious. For a volume
about risk selection in Medicare, Medicare HMOs has almost nothing to
say about the broader dynamics of risk shifting and risk segmentation
that might be unleashed by movement toward a fully implemented system
of competing health plans, such as that proposed by Senator Breaus and
apparently endorsed by Kronick and de Beer (pp. 225-226). The correspondence
between what Medicare pays private plans and what patients end up costing
obviously has implications for how well high-risk patients fare in the
private sector. Yet, even more directly, it concerns Medicare's continued
ability to pool the varied individual medical risks of beneficiaries
within a common program, which is, after all, the essence of social
insurance. None of the authors has much to say about this aspect of
the distribution of risk within Medicare, and none addresses the salient
worry that within a competitive system, the traditional Medicare program
could become a last refuge for the sickest and poorest beneficiaries,
who in any given year account for virtually all of the program's costs.
These concerns are nagging today, but they will become pressing if Medicare+Choice
and reforms like those advocated in Medicare HMOs have the desired effect
of increasing enrollment in private health plans.
It may be too much to ask of American policy analysis that it treats
politics not as an afterthought that complicates the best-laid plans,
but as an integral aspect of constructing and advocating policy solutions
that can stand the test of democratic deliberation and debate. Yet surely
it is not too much to ask of a book on Medicare that it consider the
relationship between programmatic change and the continued vibrancy
of Medicare as social insurance. Ultimately, this is the main failing
of Kronick and de Beyer's otherwise worthy volume: a restricted vision
that focuses on the incentives for treating patients but not on the
larger social insurance vision that animated Medicare's initial creation
and that still represents its most substantial achievement.
Medicare is part of American medical policy, but it was not intended
to change American medical care. It pays for health care services, but
that hardly distinguishes it form many other actors in the health care
sector. What marks Medicare as distinctive is the conviction that, in
this realm of life and for this group of citizens, a common umbrella
of protection should be available to all regardless of individual health,
income, or status. The question for those assessing Medicare reform
is not merely how it will affect vulnerable groups-important though
this question may be-but how it will affect the larger social insurance
vision that Medicare aims to realize. And the debate should not be over
whether health care under Medicare should be private-it always has been-but
over whether risks can still be shared in common when they become the
province of private institutions.
Copyright 1999, Journal of Health Politics
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