Wednesday, March 16, 2011

THE STEADY EVOLUTION OF THE PRESIDENT’S VISION

            Who Are Providers?  Over the next decade our nation will experience the systematic implementation of the Patient Protection and Affordable Care Act (PPACA), President Obama's landmark health care reform legislation.  Practitioners, administrators, and health policy experts of all disciplines will eventually come to appreciate the importance of addressing the considerable flexibility provided in the law for the States and the Administration to craft effective local responses to broader national priorities, such as dramatically increasing access to primary care.  The emotional political rhetoric being expressed in the House of Representatives calling for an immediate repeal of "Obama Care" is most unfortunate, as it makes historically bipartisan technical corrections to any complex legislation much more difficult to achieve.  Nevertheless, as was the case with the highly controversial Medicare and Medicaid legislation proposed by President Lyndon Johnson as a key component of his Great Society vision, we are confident that ultimately President Obama's initiative will similarly stand the test of time.

            The Senate Appropriations Committee FY'11 recommendations for the Health Resources and Services Administration (HRSA) would have provided $40 million to begin the newly authorized Medical Home demonstration program, which would include community health teams and community-based collaborative care networks.  Under these authorities, funds would be used for the creation and support of interdisciplinary patient care teams, assistance to low-income individuals to access care, case management, benefit enrollment, and other assistance.  Funding would also have been available to initiate Accountable Care Organizations (ACOs) within which providers and hospitals would be encouraged to join together to form groups covering at least 5,000 patients each, which would be accountable for cost, quality, and overall care.  Health policy experts have suggested that these ACOs would essentially be Health Maintenance Organizations (HMOs), which were the vision of President Richard Nixon.

            A careful review of the actual statutory language for both the Medical Home and Accountable Care Organization initiatives reveals that a functional/programmatic rather than structural/discipline approach was adopted by the Congress, providing the Secretary of Health and Human Services (HHS) with broad authority to issue implementing regulations.  For example, although "physician services" will be provided, who is a "physician" and who will administer the local entity is not specified.  For rural America, with its historical shortage of health care practitioners of all disciplines, this flexibility is particularly significant.  For those psychologists and other non-physicians who appreciate the importance of the underlying movement towards interdisciplinary and integrated care, this Congressional approach provides the opportunity (and necessity) for active engagement at both the local and national legislative and administrative levels.

            Since the definitions of "medical home" and "ACO" are not agreed to, either in statute or within the national health policy community, there undoubtedly will be an extended debate around which entities will ultimately qualify for such designation and specifically, if non-physician providers (e.g., nurse practitioners) or non-physician provider-led practices, may qualify.  Most likely the answer will depend upon a number of factors, including relevant statutory definitions, the financing setting (e.g., Medicaid), promulgation of relevant regulations or guidance; and in some cases, state practice acts.  We should expect that how the underlying issues are resolved for Medical Homes and Accountable Care Organizations will be similar, given the many shared legislative goals of these two models.

The Medicare Shared Savings Program (MSSP), established by PPACA Sec. 3022, allows for the inclusion of non-physician providers, by reference to existing definitions.  Section 3502 of PPACA establishes a grant program to create health teams that provide support to primary care providers and provides capitated payments to these providers.  It defines "primary care" as "the provision of integrated, accessible health care services by clinicians who are accountable for addressing a large majority of personal health needs, developing a sustained partnership with patients, and practicing in the context of family and community."  Similarly, Sec. 5405 defines a "primary care provider" as "a clinician who provides integrated, accessible health care services and who is accountable for addressing a large majority of personal health care needs, including providing preventive and health promotion services for men, women, and children of all ages, developing a sustained partnership with patients, and practicing in the context of family and community, as recognized by a State licensing or regulatory authority."  Another section of PPACA states: "TREATMENT OF QUALIFIED DIRECT PRIMARY CARE MEDICAL HOME PLANS. – The Secretary of Health and Human Services shall permit a qualified health plan to provide coverage through a qualified direct primary care medical home plan that meets criteria established by the Secretary, so long as the qualified health plan meets all requirements that are otherwise applicable and the services covered by the medical home plan are coordinated with the entity offering the qualified health plan."  We should expect that non-governmental accrediting agencies will soon begin addressing this important policy void.  Typically, such entities have provided significant flexibility given the differing conditions which exist across our nation, particularly in rural America, and the broad range of input which they receive from concerned community stakeholders.

Research To Practice:  Last year theInstitute of Medicine (IOM) released its sixth report in the Learning Health System series, highlighting its workshop on Clinical Data As The Basic Staple Of Health Learning: Creating And Protecting A Public Good.  The underlying IOM goal is to have 90 percent of clinical decisions supported by accurate, timely, and up-to-date clinical information and reflect the best available evidence by 2020.  Those sensitive to the personalized nature of health policy will appreciate that many of participants in the IOM discussions have served, or serve, within the Bush and Obama Administrations.  Today the U.S. per capita health care costs are nearly double that of comparable nations.  "Care that is important is often not delivered.  Care that is delivered is often not important.  In part, this is due to our failure to apply the evidence we have about the medical care that is most effective."

Throughout the IOM report there was the distinct call for broader public engagement, especially to build the necessary trust to achieve the IOM vision.  Public policy and public awareness lag behind the technical, organizational, and legal capacity for reliable safeguarding of individual privacy and data security in mining clinical data by new technologies.  It was felt that there is a fundamental conflict between whether health care data should be viewed as a public good or a private commodity.  This relates directly to underlying privacy concerns often espoused by organized psychology and the fear by patients of discrimination.  "In many respects, the greatest challenge associated with establishing a medical care data system to serve the public interest lies in the fact that such data largely reside in the private sector, where commercial interests and other factors inhibit sharing."  Ultimately advancing the notion of clinical data as a public good is essential to a healthcare system that learns.  The utility of clinical data was viewed a transformative agent for our nation's health care system, especially as technology becomes increasingly sophisticated.

A modern evidence and value-driven healthcare system must have the capacity to learn and adapt – to track performance in real-time and generate and apply information for future improvements in safety, quality, and value of care received.  Today, there are enormously misaligned incentives which have evolved from an obsolete reimbursement system.  Research must become a normative part of health care, in which every intervention with a patient is seen as an opportunity to learn.  In essence, it is time to adopt an entirely new paradigm.  Taking a broader perspective, it is possible to integrate data taken on socioeconomic, environmental, biomedical, and genetic factors; individual health status and health behaviors; biomedical and genetic factors, as well as on resource use, outcomes, financing, and expenditures.  These data are stored in a variety of electronic silos and data bases and, under appropriate policy conditions, can be meaningfully aggregated and integrated.  Change is coming – about half of primary care physicians report that their patients have arrived with research from the Internet. Yet changing the culture of providers to collect data in high-quality ways remains dramatically difficult.

To effectively change behavior, we must directly address incentives and realize that the existing incentive structure discourages information sharing, giving greater weight to possible errors in protecting privacy relative to errors in failing to use existing information to improve public and individual health.  To build public support, the value of sharing clinical information must be demonstrated.  The public must come to appreciate the significance to them of the National Academy of Sciences' estimate that 25 percent of developmental disabilities (i.e., cerebral palsy, autism, and mental retardation) are caused by environmental factors.  And, the American Cancer Society's estimate that one-third of cancer deaths could be prevented through lifestyle and environmental changes.  Effectively utilizing clinical data will make a real difference in the lives of many citizens and is critical to the well functioning of integrated primary care.  Will psychology take a leadership role in educating society?  The three major challenges for the 21st century are culture, communication, and collaboration.

The common workshop themes which emerged were: * Clarity on the basic principles of clinical data stewardship; * Incentives for real-time use of clinical data in evidence development; * Transparency to the patient when data are applied for research; * Addressing the market failure for expanding electronic health records (EHR); * Personal records and portals that center patients in the learning process; * Coordinated EHR user organization evidence development work; * The business case for expanded data sharing in a distributed network; * Assuring publicly funded data are used for the public benefit; * Broader semantic strategies for data mining; * And, Public engagement in evidence development strategies.

In submitting the FY'12 budget request for the National Institutes of Health (NIH) the Director: "This budget request for a $31.987 billion total program level reflects an effort, amid economic uncertainty and fiscal constraint, to fulfill the President's unwavering commitment to international leadership in science and progress in biomedical research.  The requested funding will enhance NIH's ability to support research that prolongs life, reduces disability, and strengthens the economy….  (E)nhancing the evidence base for health care decisions:  NIH will support rigorous studies for assessing the effectiveness of new therapies and health care interventions within populations and for individuals.  Research in comparative effectiveness and personalized medicine is essential to the fulfillment of the agency's mission and will enhance the evidence base for decision making in clinical practice.  For example, NIH will fund a Health Maintenance Organization Research Network Collaboratory.  This landmark initiative will bring together HMOs caring for more than 13 million patients for the purpose of accelerating research in the high priority areas of epidemiological studies, clinical trials, and electronic-health-record-enabled health care delivery."

The Robert Wood Johnson Foundation(RWJ) recently announced a highly relevant grant program seeking to build the evidence for and strengthen the use of regulatory, legal, and policy solutions to improve public health and help citizens live healthier lives.  This would include identifying those laws and legal practices which unintentionally harm health.  As always, we live in "interesting times."  Aloha,

 

Pat DeLeon, former APA President – Division 42 – March, 2011

 

Tuesday, March 8, 2011

ALOHA – MAKING A REAL DIFFERENCE

            The Health Policy Process:  Early in the Obama Administration Mary Wakefield, Administrator of the Health Resources and Services Administration (HRSA), visited Hawaii in order to get a first hand view of our unique health care needs, particularly on the neighbor islands.  Captain Jacqueline Rychnovsky, Senator Inouye's Department of Defense (DoD) Nurse Fellow, and Beth Giesting, CEO of the Hawai'i Primary Care Association, accompanied Mary, who also gave a wonderfully insightful talk at the APA Education Directorate policy breakfast during our recent San Diego convention.  Beth was recently appointed to the Negotiated Rulemaking Committee and Process for HRSA.  Her January report:

            "One of the results of the Affordable Care Act and its early investment in the primary care delivery system ($11 billion more for community health centers over five years and an emphasis on patient-centeredprimary care services) is the need to ensure the credibility of the federal designation process.  This is the process that assesses the needs vs. the primary care resources of a defined community:  * Any community that wants to compete for federal community health center funding or be designated a federally-qualified health center must be designated as a Medically Underserved Area or Population (MUA/P).  * Any community that wants to take advantage of National Health Service Corps resources must be designated a Health Professional Shortage Area (HPSA).  * Any clinician or medical group that wants to become a Rural Health Clinic and reap the benefits of enhanced Medicare and Medicaid payments must be in a designated Health Professional Shortage Area.  And, * Besides the CHC and NHSC programs, there are dozens of other federal programs that have come to rely on federal designations for eligibility or prioritization of resources.

            "The rules now in use for HPSAs and MUA/Ps date back to the 1970s.  Proposed changes to the criteria for designations were introduced in 1998 and 2008, each time setting off an avalanche of questions, concerns, and opposition.  This time, HRSA is employing a process to bring together a wide array of stakeholders to work together on a negotiated draft of the proposed rules.  Participants in this process include representatives from Primary Care Associations (including the Hawai'i Primary Care Association), the National Association of Community Health Centers, Safety Net Clinics, state Primary Care Offices, the National Association of Rural Health Clinics, the Association of State and Territorial Health Officers, Rural Hospitals, Native American and Alaskan health organizations, and public health and health data experts, among others.

            "To-date, the group has agreed that we need to maintain the distinction between areas where the provider to population ratio is too low (HPSA or MUA) and areas where there may appear to be an adequate number of providers but barriers to access exist for some of the area residents (MUP).  We are also working with the principle that organizations like community health centers that continue to serve a significant underserved population will not be de-designated based on the results of new rules.  Since there is so much to consider in this process, our committee has created subgroups.  One is considering the availability and ramifications of data on populations, providers, and health status while another is working on the many issues around identifying special populations and barriers to care.  We are scheduling 3-day meetings for each of the next three months so that we can make recommendations and allow for impact testing to help inform HRSA's ultimate decisions for the new designation rules."

            A Personal Perspective:  Lt. Col.Maureen Charles, this year's DoD Nurse Fellow:  "I have served in the US Air Force Nurse Corps for over twenty years.  During this time I have performed in various capacities to include working as a clinical nurse on medical/surgical; labor and delivery; new born nursery and same day surgery units; working as a board certified women's health nurse practitioner, as well as managing various clinical arenas.  Until recently, I commanded 190 personnel in an outpatient facility with over 280 employees providing 65,000 outpatient visits and 9,600 referrals annually at Minot AFB, North Dakota.  I also served as the Chief Nurse Executive and oversaw all nursing care provided by 135 professional and para-professional nursing staff.  Most recently I was selected for the prestigious Congressional Military Nursing Fellowship.

            "It has been six amazing weeks since I began a year long military nurse fellowship in Senator Inouye's office and what an experience it has been!  It started out with a bang as the first Session of the 112th Congress began two days after my arrival.  In the six short weeks of my experience here in the Senate, there have been so many things that stand out that it is difficult to pick out the true highlights.

            "One of the most memorable experiences occurred on opening day of the new Congress as I sat in the Senate gallery watching the events of the day unfold.  I was awestruck as I watched the distinguished men and women of the Senate take the oath of office administered by the Vice President of the United States, Mr. Joe Biden, as their families watched from above the Senate floor.  Upon her swearing in, Senator Barbara Mikulski became the longest serving female Senator in the history of the nation.  After the event I had the pleasure of meeting Senator Inouye in person.  As we chatted for a few moments I was struck by how humble and sincere the Senator is.  It was truly an honor being in his presence!

            "The next few weeks were filled with a flurry of activity as we worked feverously to make sure all the health related bills the Senator introduced in the 111th Congress were update and ready for reintroduction in the 112th Congress.  During this time I learned that any bill introduced in the previous Congress that did not become law, needed to be reintroduced again in the hopes that this time around the bill would become law.  Another highlight was helping prepare a speech for the Senator to give at a rural health conference.  The day was spent learning how to research information for the speech.  The amazing part was seeing how the Senator's vision for the contents of the speech was molded into a wonderful fifteen minute speech.

            "The majority of the days are often filled with constituent, lobbyist and organization meetings.  During these meetings various issues and concerns are raised.  The common premise of these visits revolves around funding and legislation concerns in addition to ensuring their voices are heard.  It is interesting to see the delivery of the groups that come through the office doors.  One of the meetings actually resulted in the development of a brand new bill that the Senator introduced.  It was interesting to learn how to write a bill and how to write a floor statement to accompany the bill's introduction, as well as learning how to drum up support for the bill so that it will gain momentum and ultimately result in the bill being passed into law.  The most memorable meetings to date have been and continue to be those that I sit on with individuals meeting with Senator Inouye!

            "Another interesting part of my time here has been learning about the budget process.  More specifically, the impact of not passing the FY' 2011 budget or the Omnibus Appropriations bill during the "Lame Duck" session of Congress as Senator Inouye recommended and how this has affected the country as a whole.  A key piece of my experience has been soaking in the wisdom of those around me including learning how the "ear-mark" process worked and seeing truly how many organizations and communities across the country will be adversely affected by the moratorium on this activity"  [The views expressed are personal and do not necessarily reflect those of the USAF.]

            Promises Kept -- Exciting Opportunities:  Candidate Barack Obama: "I… believe that every American has the right to affordable health care."  Earlier this yearTom Driskill, former CEO of the Hawaii Health Systems Corporation and currently with the Honolulu VA, reported that the VA had created a new Office of Tribal Government Relations to ensure that the more than 200,000 Veterans who are American Indians, Alaska Natives, Hawaiian Natives, or are part of the Alaska Native Corporations will receive the VA benefits they have earned.  "There is a long, distinguished tradition of military service among tribal peoples," said Secretary Eric K. Shinseki.  "VA is committed to providing these Veterans with the full range of VA programs, as befits their service to our nation."  The office has a charter that officially extends to Veterans who are American Indians, Alaska Natives, Native Hawaiians, and Alaska Native Corporations.  Interesting times.  Aloha,

 

Pat DeLeon, former APA President – HPA – March, 2011