Document 2jdRO383Q7vE900mGDVw3xdLN
HEALTH / PAC
BULLETIN BULLETIN Policy HeAadlvtisho
ry
Center
1 Kennedy Mills:
A FUNNY THING HAPPENED ON THE WAY
TO THE WHITE HOUSE. Kennedy beats a re-
treat on national health insurance.
6 Patient Dumping:
PRIVATES PICK PUBLIC PATIENTS. Cali-
fornia's private hospitals select profitable
patients.
11 Medicaid Mills:
PING PONG REBOUNDS. Bronx Medicaid pa-
tients organize.
15 Media Scan
Marcus Welby et al.
17 Peer Review
19 Vital Signs
' L: aes.
No. 58 May June /
1974
Kennedy - Mills
A FTUHNINNYG MMaannyy
supporters were shocked and dis-
HAPPENED mayed in early April when Senator Edward
ON THE WAY Kennedy retreated from his cradle - to - grave
TO THE Health Security Act and, with Representa-
WHITE HOUSE tive Wilbur Mills, introduced into Congress
a more limited, compromise measure - the
National Health Insurance Program (NHIP).
Plympton
While Senator Kennedy's retreat may
have been disappointing, it should not have
been a surprise. For the economic and po-
litical climate has shifted dramatically
since the introduction of the Health Security
Act in 1971. And if the earlier measure ever
had political viability, in the last year it has
run up against a three - way roadblock which
has rendered it a virtual dead letter.
First, the introduction of the Health Secur-
ity Act followed on the heels of a decade of
economic prosperity. By 1972, the beginning
of President Nixon's second administration,
however, it was clear that the American
economy was in serious trouble. And one of
Nixon's answers was cuts in the federal
budget, particularly the domestic budget,
and most particularly, the largest and most
inflationary sector of the domestic budget:
health care spending (see BULLETIN, May
1973). Although the expected hue and cry
followed, and Watergate has since moder-
ated the President's original heavy handed- -
ness, there is now a widespread acceptance
of the necessity of tightening the govern-
ment spending belt hardly -
the friendliest
environment for a bill which would have
added over $ 100 billion to the public purse.
Secondly, the public, while it may not un-
derstand the causes and solutions to the eco-
nomic crisis, intimately understands its im-
pact. While once the consumer worried that
health care would exceed his economic
grasp, now he has begun to worry about
food, clothing, shelter and his standard of
living as well. And if it comes down to
choosing among these, he wants to make
the decision himself, and not have it made
for him by the federal government. Conse-
quently, whatever consumer base the Health
Security Act may have had has been seri-
ously eroded.
Finally, introduction of the Health Secur-
ity Act also followed on the heels of a dec-
ade of social unrest - urban riots, student pro-
test, marches on Washington - which seemed
to call not only for a change in foreign pol-
icy, but for significant domestic reform as
well. Although it was hardly an organized
constituency, these social forces created an
environment for domestic reform programs-
OEO, Model Cities, Urban Renewal, not to
speak of Medicare, Medicaid and Neighbor-
hood Health Centers. Yet by 1974 this move-
ment had virtually disappeared, and with it
2
the reform environment as well.
Facing severe economic obstacles, falter-
ing consumer support and the absence of
any social movement, it is hardly a mystery
why Kennedy pulled back from the Health
Security Act. The only mystery is why there
is any momentum whatsoever for national
health insurance at the present time. The an-
swer has more to do with the internal ma-
neuverings of Congress and with political
opportunism than it does with the needs,
sentiments or organization of the health
constituency.
While the base may not exist for a more
thoroughgoing national health insurance,
there is still a felt need, particularly among
the middle class, for protection against cata-
strophic illness. And, of course, this is the
narrowest, least expensive need to meet.
When the 93rd Congress convened, the Long-
Ribicoff catastrophic health insurance mea-
sure, sponsored by the powerful Senate
Finance Committee chairman, had built
up a head of steam. Seeing this, and pos-
sibly seeing also an opportunity to deflect
Watergate criticism, President Nixon added
his weight to national health insurance's mo-
mentum by sponsoring an apparently liber-
alized, more politically viable version of his
former bill. Either sincerely fearing the pas-
sage of one of these bills, or seeking a legis-
lative coup prior to the 1976 presidential
campaign, or both, Senator Kennedy then
withdrew his support for the Health Security
Act, sponsoring instead the National Health
Insurance Program.
Senator Kennedy clearly felt uncomfort-
able with the compromises involved, but pro-
claimed that NHIP " represents a practical
embodiment of these principles that can be
enacted into law in the next year or two. "
NHIP retains two important principles of the
Health Security Act which distinguish it from
other bills: financing of the bill is entirely
public and the measure is compulsory. But
it made three probably more important con-
cessions:
OE Acceptance of out pocket - of -
costs: NHIP
incorporates a set of deductibles and coin-
surance very similar to, if slightly less than,
those in the Nixon bill. Each individual must
pay $ 150 in medical expenses annually be-
fore receiving health insurance benefits.
Families pay a total deductible of $ 300 a
year (compared with Nixon's $ 450). After
that, they must pay 25 percent of succeeding
costs up to a maximum of 1,000 $
a year
(compared with $ 1,500 under the Nixon bill).
For the poor, these out pocket - of -
costs are
graduated according to income.
For this concession, Kennedy reaps for the
government several of the assets of the
Nixon bill. Out pocket - of -
payments (plus a
few other measures) will significantly reduce
the cost of the bill both -
in direct govern-
ment outlays and in the indirect cost sav-
ing stemming from the deterrent effect of out-
of pocket -
costs on utilization. Consequently,
the Kennedy - Mills bill has the same public
price tag as the Nixon bill: $ 40 billion.
The consumer, of course, reaps the flip
side of this out pocket - of -
coin: These costs
will transform the Kennedy bill into one of
primarily catastrophic illness insurance, dis-
couraging early diagnosis and treatment (ex-
cept for children). But more than this, if
health care costs continue to rise, as they
surely will, these out pocket - of -
costs may
come to overshadow the benefits of the bill,
as has happened under Medicare. (Medi-
care recipients pay more out pocket - of -
costs
today than they did in 1966 when Medicare
was established.)
OE More regressive financing: In a serious
step back from the earlier bill, NHIP will be
financed entirely by payroll taxes, 1 percent
for employees up to 20,000 $
and 3 percent
by employers. There are no additional taxes
on income above 20,000 $
, so an executive
making $ 100,000 per year will pay the same
amount as a colleague making $ 20,000. At
least in the earlier Kennedy bill 50 percent
of all costs came from general revenues
(graduated income taxes, industrial tax, etc.),
although the rest also came from Social Se-
curity - type payroll taxes. In the new Ken-
nedy - Mills bill, the concept of " sharing cost -"
is carried to the obscene length that even
recipients of welfare and unemployment
must pay a 1 percent tax on their income.
OE Role of insurance companies: The old
Kennedy bill would have eliminated the in-
surance industry from the national health
insurance scene altogether, and this was, no
doubt, the source of some of the bill's most
serious opposition. NHIP will allow private
insurers to act as fiscal intermediaries, re-
ceiving the money from the federal govern-
ment and reimbursing providers, as they
presently do under Medicare. Also, Kennedy
says, NHIP will allow the insurance indus-
try a profitable business in supplementary
insurance covering initial and other med-
ical expenses not covered under NHIP.
In their role as fiscal intermediaries, the
health insurance industry has been primar-
ily responsible for the runaway inflation
which took place under Medicare and Med-
icaid. Not only does it have no vested inter-
est in controlling costs, since it can always
turn around and charge the government or
the consumer more, but there is reason to
think that the health insurance industry may
have a positive interest in rising costs. Its
profits are not simply related to the surplus
of income over expenses, but also to the ab-
solute size of cash flow, since the large sums
of money passing through insurance com-
pany hands can yield considerable interest
even on short - term investments. More than
that, Blue Cross, the giant of health insurers
(40 percent of the market), has had until re-
cently such strong links to hospitals that
many have claimed they constituted a con-
flict of interest. Under recent public pres-
sure, and probably as a cosmetic job in an-
ticipation of national health insurance, Blue
Cross has sought to sanitize, if not break
those ties, and has begun to make motions
toward cost control and innovations in health
care delivery.
But even these criticisms, which pertain to
all the bills currently under consideration in
Congress, pale beside the chief shortcoming
of all national health insurance measures,
including the old Health Security Act: failure
(Continued on page 10)
Published by the Health Advisory Center, 17 Murray Street, New York, N.Y. 10007. Telephone (212) 267-8890. The Health / PAC
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Ehrenreich, Long Island. BULLETIN illustrated by Bill Plympton. 1974.
ELIGIBILITY
BENEFITS
OUT POCKET - OF -
COSTS
4
FINANCING
CATASTROPHIC HEALTH
INSURANCE AND MEDICAL
ASSISTANCE REFORM ACT
(Ribicoff Long -)
Title: Catastrophic Illness
Insurance, covers Social Se-
curity beneficiaries; compul-
sory.
Title II: Medical Assistance
(for the poor), covers every.
one with income under $ 2400 /
individual, $ family 4800 /
of 4.
Other coverage: completely
voluntary, privately - negoti-
ated, regulated by federal
govt.
Title benefits same as Medi-
care Parts A & B; Title II
benefits designed to mesh
with Title I.
1. Physicians services.
2. Physicians psychiatric
services,
Title I limited as in Medicare;
Title II: 5 private visits for
crisis intervention; unlimited
community mental health cen-
ter services.
3. Dental services -- none.
4. Hospital services.
5. Home health services,
unlimited.
6. Inpatient psychiatric care,
active treatment, 90 day life-
time maximum.
7. Post hospital -
extended care,
100 days benefit / period.
8. Drugs none.
9. No hearing aids, glasses,
false teeth, dental care.
10. Optometrists services none.
11. Podiatrists services- -none.
12. Diagnostic services, indep.
labs (?)
13. Ambulance services.
14. Supporting services none.
15. Psychiatric day cn aro e
ne.
16. Preventive services: Title II,
pre natal -, well child -, family
planning, screening, diagnosis
& treatment for children under
18, immunizations.
-Title I:
a) Hospitalization: 60 day
deductible, $ day 21 / co-
insurance thereafter.
b) Non hospital - services:
$ year 2000 /
deductible per
family; 20% coinsurance
up to $ 1000.
-Title II: No deductible; co-
insurance of $ 3 for first 10
physician visits per year.
-- Title I: 3% tax on payroll
up to annual income of $ 9,999
paid by both employer &
employee.
Title II: 75% federal
through general revenues,
25% state.
COMPREHENSIVE HEALTH
INSURANCE PLAN
(Nixon)
Anyone who wishes & can
afford it; coverage voluntary;
everyone presumably fits into
1 of 3 plans:
1. Employee Health Insurance
Plan (EHIP).
2. Assisted Health Insurance
Plan (for poor, unemployed,
high risk persons).
3. Medicare for elderly.
Part - time & temporary workers
virtually left out.
NATIONAL HEALTH INSURANCE
PROGRAM
(Kennedy - Mills)
Everyone except Medicare ---
Compulsory coverage.
Uniform benefits for all groups.
1. Physicians services, unlimited.
2. Physicians psychiatric serv-
ces, 15 visits to private doctor,
30 to community mental health
center.
Uniform benefits for all
groups. ~
1. Physicians services, unlimited.
2. Physicians psychiatric servces
--costs of 30 private visits
or equivalent of 60 private
visits if to OPD, community
mental health center.
3. Dental services to age 13.
3. Dental services to age 13.
4. Hospital services, unlimited.
5. Home health services, 100
visits / yr.
6. Inpatient psychiatric care, 30
full days or 60 partial.
4. Hospital care, unlimited.
5. Home health services, 100
visits / yr.
6. Inpatient psychiatric care, 30
full days or 60 partial.
7. Post hospital -
extended care,
100 days per year.
8. Prescription drugs.
7. Post hospital -
extended care,
100 days year /.
8. Outpatient prescription drugs,
drugs for chronic illness; $ 1
co payment -.
9. Eye, hearing services to
age 13.
10. None.
11. None.
12.?
9. Eye, hearing services to
age 13.
10. None.
11. None.
12.?
13. Ambulance services.
14. None.
13. Ambulance services.
14. None.
15.?
16. Preventive services: prenatal,
well child -
to age 6. family
planning.
15.?
16. Preventive services: prenatal,
well child -
to age 6, family
planning.
Deductible: $ person 150 /
,
$ family 450 /
per year; per-
tains to all services. $ 50
deductible on drugs.
insurance --Co -
: 25%.
Maximum liability:
$ family 1500 /
of 4 per year.
-Premium share:
a) EHIP 35% of premium
cost 210 ($); employer
pays 65% (390 $) (to
change to 25% & 75%).
b) AHIP & Medicare:
premium share graduated
according to income.
-EHIP: paid for entirely by
by employer and employee.
-AHIP: 75% federal from
general revenues; 25% state.
--Medicare: Social Security
payroll taxes as presently
financed (%.9 on salaries up
to $ 13,200 paid by both
employer and employee).
- Deductible: $ person 150 /
,
$ family 300 /
per year;
preventive services exempt.
Co insurance -: 25%
-Maximum liability:
$ 1000 / yr. for family of four.
Deductible, co insurance - &
maximum liability graduated
according to income for
the poor.
1% employees'payroll tax up
to income of $ 20,000 (also on
unearned income).
3% employers'payroll tax.
2.5% self employment
earnings.
General revenues and state
contributions equal to present
Medicaid contributions to off-
set money lost on graduated
deductibles, co insurance -
maximum liability for poor.
HEALTH SECURITY ACT
(Kennedy)
(For comparison only)
All Americans Compulsory
Coverage.
Comprehensive benefits, few
limitations.
1. Physicians services, unlimited.
2. Physicians psychiatric
services, 20 visits benefit /
period except thru HMO or
Community Mental Health
Center.
3. Dental services to age 15, to
be extended annually.
4. Hospital care, unlimited.
5. Home health services.
6. Inpatient psychiatric care, 45
days / benefit period.
7. Post hospital -
extended care,
120 days benefit / period.
8. Prescription drugs through
inpatient, outpatient, skilled
nursing home or organized
patient care program.
9. Medical appliances, including
eyeglasses & hearing aids.
10. Optometrists services.
11. Podiatrists services.
12. Diagnostic services in
independent. labs.
13. Ambulance services.
14. Supporting services by
institution, e.g., psychological,
nutrition, social work, health
education.
15. Psychiatric day care, 60 days.
16. Preventive services.
No deductibles, co insurance -
or premium shares.
1% employees'payroll tax up
to income of $ 15,000 (also% 1
of unearned income).
3.5% employers'payroll tax.
2.5% self employment
earnings.
50% of total from general
revenues.
ADMINISTRATION
PAYMENTS TO
PROVIDERS
COST AND
QUALITY
CONTROLS
IMPACT ON OTHER
PROGRAMS
CATASTROPHIC HEALTH
INSURANCE AND MEDICAL
ASSISTANCE REFORM ACT
(Ribicoff Long -)
Both programs administered
same as Medicare.
--- Administration by Social
Security Administration.
-Miscellaneous
1. Insurance companies will
serve as fiscal intermediaries.
2. No provision for consumer
input.
Title II: must be accepted as
payment in full.
1. Institutions paid on basis of
reasonable costs.
2. Individual providers paid
on basis of reasonable
charges.
Payment subject to same
quality, safety, utilization
controls as Medicare.
Physician controlled -
PSRO review.
1. Continues Medicare.
2. Supercedes Medicaid.
3. Leaves VA, DoD, PHS for
Indians & prisoners, work-
men's compensation &
disability intact.
COMPREHENSIVE HEALTH
INSURANCE PLAN
(Nixon)
Federal role: administer
Medicare, establish benefits
& eligibility, approve state
plans.
--State role: administer Govt.
Assisted Plan, regulate cost
& quality controls, provider
reimbursements, insurance
company profits.
-Miscellaneous
1. Insurance companies will
serve as fiscal intermediaries
for Medicare & probably Govt.
Assisted Plan. Will handle
Employee Plan entirely.
2. No provision for consumer
input.
3. No grievance or appeals
provision.
Providers paid in full by
credit card issued to consumer
by govt. or insurance
company. Out pocket - of -
expenses collected from con-
sumers by agency. Physicians
allowed to charge patients
under Employee Plan direct
fees in addition to what natl.
health insurance pays.
1. Institutions paid by
prospective reimbursement.
HMO incentive.
1. Hospitals:
Construction must be
approved by planning
agency.
Physician controlled -
PSRO review.
1. Continues Medicare, makes
benefits commensurate with
rest of program.
2. Supercedes Medicaid.
3. Leaves VA, DoD, PHS for
Indians & prisoners, work-
men's compensation &
disability intact.
NATIONAL HEALTH INSURANCE
PROGRAM
(Kennedy - Mills)
Will be part of new inde.
pendent Social Security
agency, directly under
President.
-Health Resources Develop.
ment Board, will eventually
be funded at 2% of national
health insurance revenues.
--Miscellaneous
1. Insurance companies will
serve as fiscal intermediaries
as they do presently with
Medicare.
2. No provision for consumer
input.
Providers paid in full by
credit card issued to consumer
by govt. or intermediary.
Cost sharing collected from
consumer by agency.
1. Institutions paid by prospec-
tive reimbursement with
incentive for efficiency.
2. Individual providers reim-
bursed according to fee
schedule established by
profession, approved by govt.
HMO incentive.
1. Hospitals:
a) Must have planning
agency approval of
character & quantity of
services for reimbursement.
b) Standards similar to
Medicare, monitored by
states.
c) Physician controlled -
PSRO review.
1. Continues Medicare, makes
benefits commensurate with
rest of program.
2. Suprecedes Medicaid.
3. Leaves VA, DoD, PHS for
Indians & prisoners, work-
men's compensation & dis-
ability intact.
HEALTH SECURITY ACT
(Kennedy)
(For comparison only)
5 member - natl. board,
appointed by the President &
confirmed by Senate, under
Sec'y of HEW; Duties: general
administration, policy, regula-
tion, control of reimbursement,
quality & cost.
-Natl. Advisory Council, 20
members appointed by Sec'y
of HEW; consumer majority.
-Basic administration
through regional & local
offices.
-Regional & local advisory
councils set up like Natl.
Advisory Council.
Commission on Quality of
Health Care set up in HEW.
--
Health Resources Develop.
ment Board will eventually
be funded at 5% of natl.
health insurance revenues.
Miscellaneous.
1. No role for insurance
companies.
2. National, regional, local
consumer advisory boards.
3. Grievance hearings, appeals,
judicial review.
--Providers must accept na-
tional health insurance as
payment in full.
- Natl: Board determines
annual budget, allocates it to
regions on per capita basis.
-Regional boards subdivide
it among categories of
services.
1. Institutions paid by prospec-
tive budget based on reason-
able costs.
2. Individual providers can
choose fee service - for -
, salary.
capitation; incentives provided
in underserved areas.
HMO incentive.
Establishes Quality Control
Commission which sets stand-
ards for individual & institu.
tional providers.
1. Hospitals:
a) Must meet new national
standards.
b) Utilization review.
2. Physicians: Present MD's
must be state licensed -
& meet
continuing education require-
ments; new ones must meet
new national standards.
1. Terminates Medicare.
2. Terminates federal share of
Medicaid.
3. Leaves VA, DoD, PHS for
Indians & prisoners, work-
men's compensation & disa-
bility intact.
5
Patient Dumping
PRIVATES PICK The two class -
health system usually oper-
PUBLIC ates smoothly: people unable to pay for their
PATIENTS health care go to public hospitals and stay
away from the private sector where they
know they are often considered " undesir-
able. " But occasionally these " undesirables "
ruffle the waters by showing up at the emer-
gency room of a private hospital. Then the
grossest manifestation of the two class -
health
system is witnessed: patient dumping. This
means loading the poor, sick victim into an
ambulance or car (or even pointing out the
nearest bus stop) and shipping him to a pub-
lic hospital.
In Chicago, 18,000 persons were turned
away from private emergency rooms in
1970; at least 50 died in the course of trans-
fer to Cook County Hospital. (1) The Director
of Washington's D.C. General Hospital
emergency room testified before a Senate
committee in 1970 that 20 patients die each
year as a result of transfers from private
hospitals. (2) Extrapolating from these fig-
ures, 4,000 people can be expected to die
each year from patient dumping.
Though patient dumping is well recog-
nized by everyone, few have documented it
in detail. This study was done by surveying
patient records of every emergency room
visit and acute hospital admission at Ala-
meda County's public hospitals for a two-
week period in January, 1974. Data were col-
lected on patients who had been transferred
(dumped) from other hospitals. These data
were analyzed in the context of hospital sta-
tistics provided by the County.
Who Gets Dumped?
Alameda County, across the bay from
San Francisco, is an urban and suburban
area of one million population, with most
poverty areas concentrated in Oakland, a
city of 400,000. The county has two public
hospitals: Highland General Hospital, a typ-
ical large urban public hospital in Oakland,
and Fairmont Alameda County Hospital, a
chronic - care hospital with some acute ser-
vices such as the emergency room. The rest
of the county's 24 short - term hospitals are
private, chiefly profit non -
.
Transfers constituted 2.4 percent of High-
land's emergency room visits and 5.4 per-
6
cent of Fairmont's, a rate that yields 1,500
transfers annually. The transfers came from
12 hospitals, with two Herrick -
Memorial
and Washington - accounting for 40 percent
of the transfers to Highland, and Washing-
ton the source of 35 percent of the transfers
to Fairmont.
The vast majority of transfers are med-
ically indigent of Medi - Cal (Medicaid) pa-
tients. At Highland, 80 percent were med-
ically indigent and 20 percent Medi - Cal. At
Fairmont, 45 percent were medically indi-
gent, 28 percent Medi - Cal, 16 percent private
insurance, 9 percent Kaiser, and 2 percent
Medicare. Almost all the private insurance
transfers had psychiatric, drug or alcohol
related problems, and all the patients trans-
ferred from Kaiser had psychiatric problems.
(Kaiser seldom offers its enrollees mental
health care.) The percentage of medically
indigent people transferred is far higher than
the county hospitals'overall medically in-
digent load.
Transferred patients are far sicker than the
average county hospital patient. Although
only 12 to 16 percent of emergency room pa-
tients are generally admitted to the county
hospitals, 64 percent of the dumped patients
required admission. Whereas overall 12 per-
cent of Highland admissions go to the in-
tensive care unit, 26 percent of transferred
patients went to intensive care. Among the
transferred patients were many with life-
threatening diagnoses: a brain hemorrhage,
a stroke, a possible heart attack, low blood
sugar, three serious head traumas, a drug
overdose, a skull fracture, a gunshot wound
to the chest, two serious intestinal hemor-
rhages, three broken legs and a fractured
pelvis combined with severe head trauma.
In their paper on patient dumping, Roemer
and Mera note that one California county
hospital keeps an " Atrocity Book " of patients
dumped from private hospitals. (3) The char-
acteristics of the transferred patients seem
to be similar to those in Alameda County.
Although the total number of transfers is
not large, the impact on the functioning
of the county hospitals is enormous. 74 per-
cent of the transfers arrived between 6 p.m.
and 2:30 a.m., a time when hospitals are
short staffed. The transfers were sicker than
the average patient, thus requiring more
staff time; fully 20 percent of all Highland
intensive care unit patients are private hos-
pital transfers. And most of the transferred
patients have no Medicare, Medicaid or hos-
pital insurance at all, thereby constituting a
financial drain on the hospital.
Who Dumps?
Why are patients transferred? The 1973
written policy of Samuel Merritt Hospital, a
typical Oakland non teaching -
private hos-
pital, provides an answer: " Certain cate-
gories of patients should be transferred to
other facilities for emergency or hospital
care when possible or appropriate... these
categories include... Medically indigent
[and]... Patients for whom Merritt Hospital
does not have the facilities and / or staff for
proper and safe care of their particular prob-
lems, or whose admission to the Hospital
would predictably jeopardize the care of
other patients in the Hospital. "
At Merritts'emergency room, a clerk asks
patients upon arrival whether they have
Medicare, Medi - Cal or health insurance. If
not, they are told that a certain amount of
cash is required before leaving the premises.
Some leave at once; others stay, get treat-
ment and pay. A bill is sent for any outstand-
ing amount, and if not paid, it goes to a col-
lection agency. Except in real emergencies,
patients on Medi - Cal must have a Medi - Cal
card with a valid sticker (each Medi - Cal pa-
tient receives a new card each month with
two removable stickers for the two doctor
visits to which they are entitled); otherwise
they are sent away.
One emergency room (ER) physician at
Merritt a hospital with declining occupancy
says that hospital admissions have in-
creased four percent since the ER opened in
1972. " That's why they opened it, " he added.
The hospital makes money on laboratory
tests, X rays -, pharmacy and inpatient ser-
vices but loses on the ER itself. The hospital
bills the ER patients for both hospital and
doctor services, then pays the ER doctors
15 $ an hour plus part of any fees collected.
over that amount. Thus it is in both the doc-
tors'and the hospital's interest that patients
pay.
At the point that a patient needs to be ad-
mitted, stricter financial screening is done.
But the patient seeking admission faces an-
other, equally serious problem: a private
doctor must be found to care for him.
The Merritt ER regulations state: " Every
effort must be made to preserve and protect
existing relationships between the private
physician and the private patient. Thus
every effort must also be made to refer pa-
tients to private physicians only when it is
appropriate to do so... inquiry will be made
of every patient presenting at the Emergency
Department as to whether or not he has a
private primary physician... Patients will
be considered then as either private or
other. "
Private patients are treated only after get-
ting permission from their doctor; it is con-
sidered improper to interfere with a doctor's
clientele. But it is equally improper to bur-
den the private doctors who make up the
hospital staff with non private -
patients. Doc-
tors on hospital staffs are often reluctant to
care for the poor, the uninsured, the very
sick or anyone who is not their own patient.
So both the hospital and doctor conspire to
transfer precisely these categories of pa-
tients to the public hospital.
B. Plympton
7
Patient Tracking
Patient dumping is only the tip of the ice-
berg. Most poor, sick and uninsured people
are channeled to the county hospital di-
rectly, without the benefit of a side trip to the
private emergency room. For example, the
majority of Highland's patients (60 percent)
come from " poor Oakland, " the core ghetto
area of Alameda County. (Poor Oakland has
85 percent of Oakland's Blacks, 80 percent
of its Latins, 79 percent of its poverty fam-
ilies and 77 percent of its Medi - Cal house-
holds. It also has a rate of infant deaths 1.9
times that of the rest of the City and similar
statistics pertain for other illnesses.) About
ten percent of households in Oakland are
medically indigent and 25 percent receive
Medi - Cal; yet 25 percent of Highland's pa-
tients are medically indigent and 50 percent
are on Medi - Cal. Only eight percent of
Highland patients have private insurance
and four percent have Medicare; these are
the programs that reimburse most lucrative-
ly and finance the vast majority of private
hospital patients.
One of the key mechanisms for channel-
ing patients is referral. For example, in con-
trast to legal authorities (police, courts, etc.),
which deal largely with individuals unable
to pay hospital bills, private employers refer
their sick employees to private hospitals.
Specifically, in Alameda County, referrals
from legal authorities account for 40 percent
of Fairmont's emergency room patients and
22 percent of Highland's. On the other
hand, workplaces refer ten times as many
patients to private hospitals as they do to
public ones. Not unexpectedly, private doc-
tors refer most of their patients to private
ER's. Private physician referrals make up 30
percent of private ER patients, but only two
percent of public ER patients. Public hos
pitals also tend to get a disproportionate
share of psychiatric, drug and alcohol cases.
For example, Highland, which only gets 28
percent of all emergency room visits in the
northern half of Alameda County, receives
53 percent of all psychiatric referrals, 84 per-
cent of all alcoholic patients and 50 percent
of all drug abuse patients in that area. In the
southern half of the County, Fairmont, which
gets six percent of the emergency room
visits, sees 40 percent, 83 percent and 38 per-
cent of these respectively.
Ambulances are another way of routing
patients to their " proper " destinations. Ala-
meda County has a private system of ambu-
lances with the ambulance stewards making
the decision about ambulance destination
80 percent of the time. The case of Provi-
dence Hospital demonstrates how it works.
Providence recently opened a 24 hour -
emer-
gency room to bolster its sagging inpatient
occupancy rate. Soon patients who before
would have gone to Highland were being
shipped to Providence. Whereas nine per-
cent of Highland ER patients were covered
by private insurance in 1972 before the op-
ening of the Providence ER, by 1974 these
patients had dwindled to three percent. The
patients which Highland now gets from am-
bulances are 33 percent medically indigent,
53 percent Medi - Cal, five percent Medicare,
three percent private insurance, two percent
police hold and four percent dead on arrival.
According to an 18 month -
study by a Uni-
versity of California anthropologist, Stephen
Frankel, " There is an informal system of am-
bulance triage which is based on a variety
of non medical -
factors which include pa-
tients'insurance coverage. " The ambulance
stewards are treated well by the Providence
emergency room; they have a room for cof-
fee, whereas at Highland there are no such
amenities. Clearly the stewards play an im-
portant role in patient channeling.
In obstetrics, where occupancy rates are
particularly low and Medi - Cal reimburse-
ments are high, the creaming off of paying
patients by private hospitals is even more
glaring. For example, while most pregnant
women living in Oakland's poverty areas
went to private hospitals (87 percent), those
without health insurance of any kind are
forced to utilize Highland's obstetrics service.
Thus Highland receives only the poorest
and sickest expectant mothers. About 50 per-
cent are medically indigent or Medi - Cal
pending (eligibility uncertain) so that they
constitute a financial risk to the hospital - a
far higher percentage than that for the rest
of the hospital. The workload this entails is
considerable.
During a one week -
period in April, 1974,
seven out of 13 Highland deliveries involved
complications, showing the enormously high
risk group of mothers that Highland sees.
Some of these deliveries were complicated
in multiple ways, including three breeches,
two markedly premature infants, several
cases of fetal distress, one Caesarian birth
and three infants requiring intensive care
units.
Of course all of this shuffling of patients is
shaped by the amalgam of different needs
and interests of the particular private hos-
pitals involved. Hospitals such as private
Samuel Merritt, which are staffed predom-
inately by private doctors, have neither the
need nor the interest to hospitalize patients
without a private doctor (or at least not until
their occupancy rates tailspin). On the other
hand, hospitals with housestaff teaching pro-
grams (only 16 percent of all hospitals, but
the largest and most important hospitals),
like Children's or Herrick, require patients as
" teaching material. " And the best " teaching
patients " are those who can pay but whose
bill is financed by public monies. These pa-
tients (e.g., Medi - Cal) are not a financial
drag on the hospital, and because they must
be grateful for being admitted to a hospital,
even with public health insurance, they are
in no position to decry their exploitation.
Thus 62 and 30 percent of Children's and
Herrick's ER patients are on Medi - Cal,
whereas only six percent of private Alta
Bates Hospital's ER patients are on Medi - Cal.
The rejection and exploitation of poor pa-
tients by both private doctors and hospitals
is old and well documented. Nor has Med-
icaid, which was supposed to give the poor
access to private sector medicine, remedied
the situation. (See article on Medicaid, page
11 this issue, and BULLETIN, July Aug /. '72).
In New York City, four percent of the doc-
tors collect 85 percent of Medicaid fees. (4)
A 10 year - survey of welfare recipients in
New York, entitled " Medicaid Benefits Main-
ly the Younger and Less Sick, " reveals that
the aged and disabled receive less care after
Medicaid than before its enactment, con-
cluding, " There are considerable limitations
to the extent to which money alone will cure
the health care ills of the urban poor. " (5)
In Washington, D.C. less than one of three
private doctors participate in Medicaid. (6)
In Rochester, a study showed that declines
in Medicaid reimbursement " led many pri-
vate practitioners to withdraw from the pro-
gram " (7), and similar observations have
been made in other states. In Chicago, 100
of 9,000 physicians care for over one half -
of
the 275,000 Medicaid patients, with Cook
County Hospital treating half of the County's
Black people. (8) The same discrimination is
practiced by hospitals, unless Medicaid re-
imbursements are unusually lucrative or the
hospital is in unusually desperate financial
straits. In New Orleans, seven out of nine
hospitals were sued for denying access to
Medicaid patients. (9) In Ohio, 45 percent of
Medicaid payments go to 15 hospitals, a
mere four percent of the total hospitals in
the state. (10)
In Cook County (Chicago) 14 out of 95 hos-
pitals account for 67 percent of the Medicaid
payments to hospitals; most of these 14 hos-
pitals are major teaching institutions. Cook
County Hospital receives fully 22 percent
of the county's payments. In one low income -
neighborhood of Chicago 55 percent of Med-
icaid patients have to travel outside the area
for hospital care because six of the seven
neighborhood hospitals see few Medicaid
patients. The administrators of the seven
hospitals report that " Even if a person were
able to demonstrate Medicaid eligibility at
the time he sought service, the hospital may
not have enough house physicians to provide
the needed care if the patient had no private
physician of his own. " (11)
If Medicaid patients have few options,
medically indigent patients have even fewer.
Anne Somers, nationally recognized spokes-
person for private hospitals, states, " The pro-
vision of free care is a disappearing phe-
nomenon. " (12) The Wall Street Journal
(August 8, 1972) asks, " Does tender loving
care end at the cashier's window? " and an-
swers, " Nearly all hospitals require evidence
from patients as to their ability to pay the
bill. "
Perhaps the most revealing case study of
private hospital behavior is the response to
the 1946 federal law requiring that hospitals
receiving Hill Burton - construction funds
(about half the nonprofit hospitals in the
country) must provide a " reasonable vol-
ume " of free or below - cost service to people
unable to pay. (13) For years the hospitals
did not comply at all. Following a recent se-
ries of law suits, they fought tooth and nail
to minimize the amount of free care by weak-
ening federal and state regulations. At pres-
ent, most state Burton Hill -
agencies have
either failed to promulgate regulations on
the matter or have issued illegal provisions
favoring the hospitals. (14)
In late 1973, the US District Court in Wash-
ington, D.C. declared that the Internal Rev-
9
enue Service may not grant tax exempt -
sta-
tus to hospitals that fail to treat people un-
able to pay. (15) The suit was filed on behalf
of a number of organizations across the
country and charged that nonprofit hospitals
are dumping poor patients into overcrowded
and underfinanced public hospitals. One
example cited occurred in Prestonburg, Ken-
tucky, where a 21 year - - old woman in labor
was denied admission to Prestonburg Gen-
eral Hospital because she couldn't pay a
$ 250 deposit. 16 () The woman died shortly
after childbirth. Immediately following the
1973 court decision, the American Hospital
Association petitioned for a rehearing of the
case. Though the court has just denied the
petition, the plaintiffs expect further maneu-
vering by the AHA to annul or limit the ef-
fects of the decision.
Patient dumping and patient channeling
are but blatant and subtle aspects of the
same phenomenon - the channeling of pa-
tients by private hospitals so that the profit-
able ones come to them (profitable financial-
ly or in terms of teaching potential), while
those who are unfunded or socially unde-
sirable get shunted to public hospitals. The
existence of this phenomenon means that
financing mechanisms, a la national health
insurance, are not enough to guarantee care
for everyone in the private sector. As long as
private doctors and hospitals are allowed to
pick and choose their clients (which after all
is one characteristic of being private), a sig-
nificant minority of Americans will be de-
nied access to care.
-Barry Roth (Dr. Roth is an intern at
Highland General Hospital in Oakland,
California.)
References
1. 1. de Vise, P. " Cook County Hospital: Bulwark of Chicago's
Apartheid Health System " The New Physician 20 394:,
1971.
32.. CRoonegmreesrs,i oMn.aIl. R eacnodr dM,e Jruan,e J2.8A, .1 9"7'1P,a tp.i eSn t1 0D0u37m.p
ing'and
Other Voluntary Agency Contributions to Public Agency
Problems " Medical Care, January February -
, 1973.
54.. OColnegnrdezsksii,o nMa.lC .R e"c oMredd,i cMaairdch B1e2n,e f1i9t7s3 ,M api.n lEy 1t4h5e0 .Y
ounger
and Less Sick " Medical Care, February, 1974.
76.. RCoongghrmeasnsni,o nKa.lJ .R e"c oUrsde, oJfu nMee d2i8c,a i1d97 1P.a ypm.e n1t0 0F4i0l.e
s for Med-
ical Care Research " Medical Care, February, 1974.
8. Medical Care Review, December, 1968, p. 941.
9. 9. Schwartz, J. and Rose M. " Opening the Doors of the
Non Profit -
Hospital to the Poor " Clearinghouse Review,
March, 1974; and California State Health Planning Coun-
cil, Health Facilities Committee, Minutes of June 21, 1973.
10. Hospitals, September 1, 1973, p. 166.
11. Davidson, S.M. and Wacker, R.C. " Community Community Hospitals Hospitals
and Medicaid " Medical Care, February, 1974.
12. Somers, A. Hospital Regulation: The Dilemma of Public Public
13. PHoelailctyh, L1a9w6 9N,e wps.l e4t1t.e
r Newsletter, May and September, 1972 (10995
LeConte Ave., Rm. 640, Los Angeles, CA 90024).
14. Schwartz and Rose, op. cit.
15. Schwartz and Rose, op. cit.
10 16. California Council for Health Plan Alternatives Alternatives. Health
and Welfare Report, November 15, 1971.
Kennedy - Mills
(Continued from page 3)
to at least recognize the need for the re-
structuring of the health system. For as long
as the bulk of every health care dollar goes
not for the delivery of health services, but
for the profits of drug, insurance and hospital
supply companies and the academic, teach-
ing, expansion and other non patient -
prior-
ities of health care providers, consumers
cannot expect their health care to improve
with any national health insurance mea-
sure. Indeed, to the extent that national
health insurance bills beef up financing with-
out speaking to these issues, they result in
the redistribution of income - from workers
and the American public to those who profit
financially and professionally from the de-
livery of health care. Maybe some inkling
of this perception accounts for why the pres-
ent interest in national health insurance is
coming primarily from the latter group and
not from workers and consumers.
-Ronda Kotelchuck
More on
National Health Insurance
WHO WILL PAY YOUR
BILLS?
A detailed analysis and an overview
of the issues includes -
supplement on
Kennedy - Mills, Long Ribicoff -
, and new
Nixon Bills. 30 pp. $.50 apiece;.30 $
apiece for ten or more.
A CONSUMER CRITIQUE
OF NATIONAL
HEALTH INSURANCE
A quick way of getting a grasp on key
issues, updated to include new ver-
sions of all major bills. 8 pp. $.10
apiece.
Write: Health / PAC 17 Murray St.
New York, N.Y. 10007
Add 20% for postage (.10 $ minimum)
Medicaid Mills
What is exhilaratingly revolutionary about
Medicaid is neither the program's more gen-
erous enrollment of the medically indigent,
Most Medicaid payments for ambulatory PING PONG
care are on a fee service - for -
basis - the more REBOUNDS
patients seen, the more money received. In
nor even its delightful smorgasbord of com-
prehensive health services. No, Medicaid's
New York City Medicaid pays private doctors
7.40 $
for the patient's first visit and 6.00 $
for
critical innovation lurks elsewhere - in its ex-
every visit thereafter. In contrast, outpatient
clusively assigning to the Health Department
the heady tasks of standard setting, surveil-
lance, and enforcement of quality in every
aspect and every locus of publicly funded,
personal health care.
- Dr. Lowell E. Bellin
Former Executive Medical Director,
clinics (OPD) at voluntary hospitals are typ-
ically reimbursed at more than five times this
rate (see chart). For example, Montefiore
Hospital in the Bronx is paid $ 40.24 for each
visit and Mount Sinai in Manhattan $ 46.66.
True to form, the municipal hospitals receive
a lower rate than most voluntaries (33.71 $
),
Medicaid
New York City Department of Health
At American Public Health
although much more than the private doc-
tors. Thus Medicaid's ambulatory program
is primarily a funding mechanism for hos-
Association convention, Nov. 1968
pital outpatient departments, helping them
Mrs. Gloria King went to the Davidson
Medicaid Building for treatment of migraine
headaches. She saw a doctor. " He told me to
stop taking the birth control pill I was using.
Then he referred me to a podiatrist. " The
to cut their losses on outpatient care. At the
same time, though, it does provide a way for
a few doctors willing to practice bad med-
icine in poor neighborhoods to reap a finan-
cial windfall.
podiatrist took X rays -
of her feet and diag-
nosed the cause of her headaches as in-
grown toenails. He removed the toenails
from both her big toes and Mrs. King has
been in pain ever since. Nine years after the
inception of the Medicaid program, Mrs. King
and other patients in the Bronx have tired of
waiting for Dr. Bellin's'exhilarating revo-
lution. They have joined the Morris Heights
Ad Hoc Committee for Better Health Care.
Since the beginning of the Medicaid pro-
gram in 1966, newspaper reports document-
ing instances of malpractice and outright
fraud at neighborhood Medicaid clinics have
made headlines. From time to time, local
health and welfare officials have announced
Medicaid Mills
These inequities in reimbursement sched-
ules when combined with a fee service - for -
system produce Medicaid mills privately -
owned, profit making -
neighborhood health
facilities. The system puts a premium on
quantity, not quality. A solo practitioner who
must pay all of his costs from Medicaid pay-
ments - rent, equipment, salaries, etc. can -
hardly be expected to deliver decent care at
the rates currently in effect. A Medicaid doc-
tor would have to see over 10,000 patients a
year to earn a salary of $ 40,000 per year,
MEDICAID OUTPATIENT REIMBURSEMENT
new programs to curb abuses. But the Mor-
RATES - per visit
ris Heights Committee is the first to attempt
-_
Hospital
to organize patients to challenge such
Beth Israel Medical Center
Rate
$ 44.69
abuses.
Flower and Fifth Ave. Hospital
63.38
Mount Sinai Hospital
; Medicaid Financing Financing
.
46.66
Medicaid Financing
The problems of neighborhood Medicaid Medicaid
clinics stem from the way New York City
finances medical care for the poor. Last year
the City reimbursed providers $ 1.3 billion.
Three quarters -
of this impressive sum went
Montefiore Hospital
Roosevelt Hospital
St. Vincent's Hospital 7
40.24
50.41
41.64
Presbyterian Hospital
30.89
New York City Municipal Hospitals.
33.71
Medicaid Clinics
7.40
to hospitals and nursing homes. Only eleven
percent, $ 145 million, was paid to private
State of New York - Dept. of Health Memorandum
Series 72-10
doctors, dentists, podiatrists and optometrists.
11
the average for a US doctor. As a result, doc-
tors cut costs by turning to group practices
in poor neighborhoods, which in turn be-
come Medicaid mills (see BULLETIN, July-
August 1972).
Medicaid mills are usually organized by
one or two enterprising individuals who buy
or lease a building, often a storefront, and
rent space to other practitioners. In some
cases the tenants pay a fixed monthly rent,
as is customary in New York City. But, typ-
ical of the spirit which permeates these op-
erations, many landlord - doctors charge
rents on a sliding scale based on the num-
ber of patients their tenant doctors -
see. The
more patients seen or recruited, the lower
the rent.
Another way Medicaid doctors increase
their income is through a practice graph-
ically called " ponging ping -.
" One doctor in
a clinic refers a patient to another, whether
the referral is medically necessary or not;
the second doctor then sends the patient back
and so on. This practice of I'll scratch your
back, you scratch mine drives up the volume
of patient visits, resulting in Medicaid money
for the doctors and many unnecessary ap-
pointments for the patient. For example, in
the Bronx, nearly every patient entering the
Davidson building, regardless of complaint,
was sent to the podiatrists.
Medicaid patients use these facilities be-
cause they are all that is available to them.
Only 2,000 of the 19,000 practicing physi-
cians in New York City earned any appre-
ciable amount of income from Medicaid (see
chart). Nearly all of these doctors practice
out of one of the 362 profit making -
neighbor-
hood clinics. Of these doctors, 280 (about 10
percent) made over $ 50,000 last year from
Medicaid alone.
The Morris Heights
Ad Hoc Committee
Within the last half dozen years Morris
Heights, a neighborhood in the Bronx, has
changed from middle - class Irish and Jewish
to predominantly Third World - 45 percent
Puerto Rican and 45 percent Black. A sub-
stantial minority of the residents are welfare
recipients and slightly more are covered by
publicly - funded health programs (Medicaid
and Medicare). The 45,000 people of Morris
Heights are served poorly by two municipal
hospitals, Fordham and Morrisania. Both
12 hospitals are badly deteriorated and diffi-
PHYSICIANS IN N.Y.C. RECEIVING
SUBSTANTIAL AMOUNTS FROM
MEDICAID. 1973
Number
580
560
567
220
Amount
$ 5,000- $ 10,000
10,000 20,000
20,000-
50,000
50,000- 100,000
60
over $ 100,000
New York Medicine
March, 1974, page 96
cult to reach. Thus, because the neighbor-
hood falls between the cracks of the City's
public hospital system, it is ideally situated
for the establishment of private Medicaid
clinics. Twelve have now sprung up.
In March 1973, the Morris Heights Im-
provement Association, a coalition of block
associations and tenants groups, formed an
Ad Hoc Committee to investigate the prac-
tices of Medicaid offices. The group was
composed of eight people, four of whom
were Medicaid patients. One full time -
paid
organizer from the Improvement Associa-
tion, Roger Hayes, was assigned to work
with them. Surprisingly, their first task was
to identify the clinics in their area, a diffi-
cult chore because storefront offices are not
licensed as group practices (they are called
" shared facilities " by the Health Department)
and practitioners often have separate billing
addresses elsewhere. Even the Health De-
partment does not have a complete list of
these facilities.
The Ad Hoc Committee, after locating the
eight clinics then in operation, finding out
the doctors'names and specialties, their
hours and equipment, began interviewing
patients: " Do you know what you are being
treated for? What drugs were you given?
Why? Did you see more than one doctor? Do
you know why? Does the clinic keep a rec-
ord of your health status? " Within two
months, the Committee had generated
enough community interest to hold a public
meeting.
Patients Testify
Two of the local clinic doctors administra- /
tors were invited to the meeting to hear the
testimony of their patients. They hesitated,
but when the Committee threatened to picket
their storefronts, they came. The complaints
they heard included:
OE Unnecessary referral from one doctor to
another (ponging ping -)
. Mrs. Peggy Pierson
went to the Davidson Avenue Center for a
backache. " They suggested plastic surgery
for my nose. Then they wanted to check my
feet, my eyes, the whole works. "
@ Endless visits for specious medical prob-
lems. Mrs. Rose Ann Frey was told to come
back every three weeks to have her " tilted
uterus " examined.
OE Patients poorly examined and given in-
appropriate drugs. Mrs. Angie Reyes took
her son to the University Avenue Medical
Group. Dr. Malba examined the child quick-
ly, diagnosed a bad cold and prescribed am-
picillin. Since he did not get better, Mrs.
Reyes took Daniel to Columbia Presbyterian -
Hospital. After a spinal tap, he was found to
have spinal meningitis. He was admitted to
the hospital and stayed ten days.
OE Incomplete or nonexistent medical rec-
ords. Mrs. Sally Williams was being treated
at the Davidson Avenue clnic for asthma.
The same drug was given to her a second
time although she had gone into anaphylac-
toid shock after the first administration. " The
next thing I knew, I woke up in the Fordham
Hospital emergency room.'"
OE Non Medicaid -p
atients charged high fees
for non service -
. Mr. Henry Leisin went to
the University Avenue Medical Group to
take care of a mole on his face. The clinic
manager collected $ 15 from Mr. Leisin before
he saw a doctor. The visit with the doctor
lasted less than one minute. He was referred
to Lebanon Bronx -
Hospital. On his way out
Mr. Leisin asked for a receipt. The manager
resisted, saying, " You don't want a receipt. "
Mr. Leisin left in disgust.
The two doctors present at the meeting
were asked to sign an agreement which
specifically prohibited the above practices,
most of which in any case violate Medicaid
regulations. They balked and agreed to sign
only if the other clinics in the neighborhood
did likewise. By mid July -, the Committee had
coerced and cajoled seven of the eight clin-
ics into signing. The one recalcitrant clinic
was picketed.
Fundamental to the Committee's strategy
was the notion that the clinics were basically
business ventures and vulnerable to the
same tactics used to influence other neigh-
borhood businesses. Because there were so
many clinics in close proximity in Morris
Heights, the Committee could exploit com-
petition between them for the patients'bene-
fit. Picketing was viewed as a way of put-
ting economic pressure on the non comply- -
ing clinic. People entering the storefront
were asked to boycott it and take their Med-
icaid business elsewhere. This strategy is, of
course, of limited value if none of the avail-
able facilities are delivering decent care.
The New York City Department of Health,
which had initially encouraged the Ad Hoc
Committee, sent medical auditors to check
out the clinics. This was pursuant to their re-
sponsibility " to develop and maintain a sys-
Plympton
13
tem of continuing review of the quality and
extent of care provided Medical Assistance
[Medicaid] recipients " (New York State Med-
ical Handbook). The City Health Department,
however, does not have the capacity to au-
dit Medicaid facilities on a regular basis. In
fact, it can only perform two audits a week
on New York's 362 Medicaid clinics. So,
teams are sent out only in response to spe-
cific complaints, such as those from Morris
Heights.
The auditors found the services in Morris
Heights to be about average for such facil-
ities - a devastating comment on the quality
of such clinics. Copies of the audits were
turned over to the Committee. The Health
Department report cited such violations as
cockroach infestation, " prescribing in small
amounts so as to increase the number of pa-
tient visits, " illegible and incomplete med-
ical records and " unnecessary referrals. "
With the Health Department audits in
hand, the Ad Hoc Committee went to see the
administrators of several of the clinics. They
accused the doctors of violating the agree-
ments signed with the Committee since the
audits clearly documented the continuation
of abuses. They threatened these clinics with
picket lines if the violations were not cor-
rected. Only one of the clinic administrators
refused to see the delegation. All of the
others cleaned up their clinics and elim-
inated some of the more glaring conditions.
The storefront which refused to discuss the
situation with the Committee was picketed
every Saturday for several months. In addi
tion, the suburban homes of two of the doc-
tors were picketed and leafletted.
Later on, the Committee investigated col-
lusion between some of the storefronts and
local pharmacies. First they surveyed drug
prices. They found enormous discrepancies
in prices which seemed related to the loca-
tion of Medicaid mills. For example, forty
250 mg. tablets of ampicillin cost 16.95 $
in a
drug store adjacent to a Medicaid office and
$ 3.50 at a store further away.
The drug price survey and other informa-
tional leaflets were distributed to people en-
tering and leaving Medicaid offices. One en-
titled " How Good A Patient Are You " en-
courages patients to ask for comprehensive
and continuous care. For example it ques-
tions, " Do you ask to see the same doctor
on every visit? If the doctor tells you to re-
14 turn to the clinic, do you know why? Do you
make sure that the doctor knows your com-
plete medical history? " Other leaflets were
information and evaluation sheets for pa-
tients to use as a basis for judging the qual-
ity of care they were receiving.
One Year Later
By March, 1974 the Morris Heights Com-
mittee concluded that their strategy of pa-
tient education and pressuring clinics with
Health Department audits and picket lines
was not enough. They felt they had made
some inroads into the Medicaid situation
and that community people looked to them
as a watchdog and complaint bureau. One
of the organizers commented that " At least
the people identified with the Committee
are getting better care. They think twice now
about ripping off patients. " But, they felt
services delivered in storefront clinics were
still not very good and could not be made
better without the intervention of other
forces. They called another public meeting
to chart their future course. The group de-
manded that the Health Department, which
had sent representatives to the meeting, fol-
low up its audits and impose sanctions on
clinics found in violation of standards of
good medical practice.
Dr. Lowell E. Bellin, New York City's re-
cently appointed Health Commissioner, con-
tends that he does not have the statutory
authority to enforce standards of care. He
tempers this legal assessment with political
hesitancy. " We want to put pressure on suf-
ficiently so we can reform them, if we put too
much pressure we can drive them out com-
pletely. " It is difficult to tell if Dr. Bellin is
more concerned about his legal limitations
or considerations of political realities. His re-
cent action ordering the Bureau of Standards
and Evaluations to stop distributing audit re-
ports to community groups leads one to
believe that the " problem " is a political one.
Paul Brandt, chairman of Bronx Commu-
nity Planning Board 5 and an active sup-
porter of the Ad Hoc Committee, feels Bellin
is side stepping -
the issue. " The Health De-
partment has a statutory responsibility as
administrator of the Medicaid program to as-
sure that the services are of good quality.
Besides being a public health menace, the
Medicaid mills are a tremendous drain on
the taxpayer. " The Ad Hoc Committee does
not believe that the Health Department has
brought all of the authority it currently pos-
sesses to bear. Bellin's argument might or
might not be accurate, but the City has
never behaved in a way to test it out. Despite
its rhetoric of good intentions, the Health De-
partment has had only minimal impact on
Medicaid mills witness -
the audit which
found the Morris Heights clinics on a par
with other Medicaid practices.
The Ad Hoc Committee does agree with
Bellin that some new and strengthened regu-
lations are needed, and they have joined
him in lobbying in the State Legislature and
City Council. They see this as a major focus
of their current program. Some of the
changes proposed included expanding the
legal definition of group practices so Med-
icaid mills fall under customary licensing re-
quirements, limiting the number of patients
a doctor can bill (currently the City will re-
imburse for up to 50 patients a day), pro-
hibiting rent agreements based on the num-
ber of patients seen, requiring facilities to
maintain central records and increasing the
penalties for non compliance -
.
Of course, all of these changes may be
fine, but they are dependent upon the abil-
ity and willingness of the Health Department
to enforce standards and penalize violators.
Dr. Bellin before becoming Health Commis-
sioner was Executive Medical Director of
New York City's Medicaid program from 1967
to 1972. A few practitioners were prosecuted
for fraud and some claims were disallowed.
But for the most part his track record in that
job does not inspire confidence in the ide"
that if a few laws are changed, giving the
Health Department more power, Medicaid
patients would get better care.
For the time being the Ad Hoc Committee
has hitched its star to Bellin's legislative pro-
gram. Their experience with the Health De-
partment before Bellin's installation was one
of close cooperation. But under Bellin, the
Department seems to have different
agenda and is responding to political pres-
sures often inimical to consumer interests.
The reform of Medicaid mills is not high on
-
the agenda of the Health Department. Of
course, public agencies have never been ad-
verse to using community struggles to their
own ends. And Bellin has openly advocated
this position. In speaking of community
boards he said: " In the 1970's one can hard-
ly begrudge the poor the indulgence of serv-
ing on boards.... The experienced adminis-
trator should theoretically be able to work
quite comfortably within the mandates of the
board's broad policy and claim quite ac-
curately that he is responsive to the will of
the community. "
-Barbara Caress
Media Scan
MARCUS WELBY ET AL
Television medical shows
reach more people than any
other source of health care in-
formation. TV medical miracle
workers show up on three
prime - time shows, two day-
time soap operas and three
non prime - time evening
shows. Like their companion
video shows their primary
function is not to inform, or
even to entertain, but to pro-
vide America's businesses
with convenient access in a
supportive setting to a large
number of consumers.
The supportive setting goes
beyond the use of medications
on a medical show to reinforce
the message of commercials
-_
for over counter - the -
drugs. Ad-
vertisers, and therefore pro-
ducers and networks, need to
present viewers with pro-
grams that idealize the eco-
nomic and social systems from
which they profit. In the med-
ical arena this means that tele-
vision's version of medical
care is intensely personal, of
high quality and readily avail-
able to all who need it. The
doctor invariably white and
male - is deified, while other
health workers - mostly _ fe-
male and Third World - are
relegated to trivial and sub-
servient roles.
The oldest and most popu-
lar of the prime - time doctor
shows is ABC's " Marcus Wel-
by, M.D. " Welby is a greying,
paternal family physician,
who, with his young assistant, 15
Stephen Kiley, runs a lucra-
tive practice out of their
shared home - office. Most fam-
ily doctors are largely occu-
pied with administering phys-
ical examinations and vacci-
nations and treating sore
throats and broken bones. The
Welby - Kiley team, on the
other hand, spends most of its
time treating an enormously
diverse range of rare medical
maladies _ Hodgkin's disease,
an exotic heart ailment caused
by an African insect and a
rare fatal disease found only
in Jewish children, to name a
few.
Treating this range of med-
ical problems takes up most
of the doctors'waking - and
even sleeping - hours. In one
episode, Welby spends the
night in his patient's hospital
room just to be on hand should
a complication develop. Young
Kiley is constantly standing
up his current girlfriend for
the sake of a patient, smiling
and shrugging it off as the
price a doctor must pay in the
service of his patients. In their
rare leisure hours Welby and
Kiley are usually found read-
ing medical journals in their
living room.
Working and socializing
flow together in the shows.
Most of the patients are per-
sonal friends of the doctors or
become so by the end of the
hour. Many episodes deal
with the medical problems of
Welby's neighbors in his
plush suburban neighborhood,
thus giving Welby the oppor-
tunity to be a good friend and
neighbor while being a good
doctor.
" Medical Center " is the CBS
version of hospital centered -
health care. Although 90 per-
cent of hospital workers are
not physicians, most of the
program's footage centers on
16 a doctor star, Dr. Joe Gannon,
a young athletic surgeon
sporting skin tight - scrub
clothes. Dr. Gannon emerges
as the Renaissance man of
modern medicine - an accom-
plished cardiovascular sur-
geon, neurosurgeon, thoracic
surgeon, internist, gynecol-
ogist, pediatrician and head of
the Student Health Service as
well.
Much of Gannon's clientele,
like Welby's, consists of per-
sonal friends in need of spe-
cial hospital treatment. Also
like Welby, Gannon thinks
nothing of giving his patients
unique personal attention. In
one episode the patient is a
poverty stricken - elderly wo-
man, suffering from a fatal
disease, who wants to conceal
her downtrodden status from
her visiting daughter. Nothing
being beyond the call of duty
for Dr. Gannon, he cheerfully
pays for a new wardrobe and
the services of a beautician
and then puts up the patient
in his apartment for a week,
while he camps out on the
couch in his hospital office.
One would never guess from
watching " Medical Center "
that 10,000 Americans die
each year from unnecessary
surgery. Surgery is frequently
and expertly performed. The
patient never suffers complica-
tions and is always cured. The
fallacious idea that surgery is
frequently necessary and al-
ways a life saving -
grace is
thus perpetuated and rein-
forced.
In January, CBS launched
" Doc Elliot, " another prime-
time doctor show starring a
hip, young general practition-
er who fled the city for the
Colorado countryside. Elliot's
base is a clinic staffed by one
woman serving as combina-
tion nurse, receptionist and
housekeeper. He spends most
of his time making house calls
in his ham equipped - radio -,
four whee-l dr-i
ve ambulance.
The maladies of Elliot's pa-
tients are less exotic and less
life threatening -
than those of
Welby and Gannon. But, like
his video colleagues, Elliot
manages to spend an inordi-
nate amount of time with each
of his patients. In one episode,
concerned with the promising
future of a young athlete,
Elliot spends many hours run-
ning with him, teaching him
track skills and ultimately
convincing him that his sud-
den paralysis was psychoso-
matic. In the medical fantasy-
land of Drs. Welby, Gannon
and Elliot, there is apparently
a great surplus of physicians,
all unaffected by the fee for- -
service system's incentive to
practice mass production - med-
icine.
Fees and hospital bills, in
fact, are rarely mentioned on
TV medical shows, even when
the treatment being portrayed
is a kidney transplant which
in the real world costs about
$ 16,000. What mention there
is of the cost of medical care
-which is the leading cause
of bankruptcy in the United
States - is vague and cursory.
When a young woman asked
Marcus Welby about how she
(Continued on page 18)
Peer Review
BOSTON DISSENT
Dear Health / PAC:
Advocacy journalism per-
forms a worthwhile function
for the public. However, when
such journalism relies mainly
on conjecture rather than
facts, readers can be confused
and misled. The October ar-
ticle " As the National Goes,
So Goes Boston, " concludes
that Boston would like to join
other American cities in pull-
ing out of the hospital busi-
ness completely. This conclu-
sion is drawn from three de-
cisions made by the Board of
Health and Hospitals in early
1973: (1) reduce the capacity
of Boston City Hospital (BCH)
to 500 beds; 2 () give Boston
ton University Medical School
(BU) sole responsibility for
medical staffing; and (3) re-
duce the hospital employment
level consistent with the ex-
pected number of patient days
under the new arrangement.
Since the advent of Medi-
care and Medicaid, BCH has
been under utilized -. As the
data in Table 1 indicate, bed
capacity had been lowered
several times prior to the 1973
decision. Moreover, the table
shows that occupancy has re-
mained around 76 percent of
capacity even as that capacity
was being reduced. In 1972,
though BCH had a count of
817 beds, it utilized only 572
on the average. Thus, the re-
duction in beds to 500 com-
bined with efforts to better
utilize those beds has resulted
in a relatively small effect on
the number of patients admit-
ted to the hospital. To survive,
BCH must operate at 85 per-
cent of capacity or higher. We
feel that at 500 beds this is
now possible.
Tighter bed limitations have
resulted in the transfer of
some patients to other hospi-
tals when occupancy limits
have been reached, primarily
in the medical service. On 60
occasions in the past 8
months, transfers have been
made with no risk to the pa-
tients involved. The article in-
correctly states that " A ma-
jority of admissions are on the
danger list and cannot be
transferred out. " Of course,
danger list patients are not
transferred, but the fact is that
only about 12 of the 50 admis-
sions per day are danger list.
Beds are always left open for
possible danger list patients.
The BCH policy in relation
to medically indigent patients
has not changed. The City still
accepts the responsibility of
caring for patients who are un-
able to pay. This does not
mean, however, that the other
Boston hospitals have no re-
sponsibility at all. They must
also provide reasonable levels
of free care.
Hospital staffing must relate
directly to utilization. As the
accompanying table indicates,
utilization has been declining
steadily since 1968. During the
same time, the number of hos-
pital employees had been in-
creasing. Controls on employ-
ment levels are now required
if for no other reason than the
tight economic squeeze in
which the City finds itself.
Hence, the Board had no
choice but to push for a rea-
sonable staffing pattern and
greater efficiency.
Increased efficiency was al-
so a major factor in the de-
cision to give BU sole respon-
sibility for medical staffing.
Boston University was chosen
over Tufts and Harvard for
several reasons. Boston Uni- 17
versity shares with BCH a
strong commitment to the com-
munity served by Boston City
Hospital. Boston University al-
ready had medical responsi-
bility for more than 50 percent
of BCH's beds. And BU was
the logical choice geograph-
ically.
The article also contained
the implication that Boston's
Mayor is insensitive to the
problems the poor have in get-
ting medical care. Nothing
could be further from the
truth. Since Mayor White's
first election in 1968, his ad-
ministration has taken leader-
ship responsibility for devel-
oping a wide city -
system of
neighborhood health centers
with strong hospital back - up.
A community dental program
has been developed. Many
other community health proj-
ects have been initiated to im-
prove the health of Boston's
poor and non poor -
alike. May-
or White and all other big
city Mayors are worried about
where they are going to con-
tinue to get the money to pay
for health care that is right-
fully the Federal Govern-
ment's responsibility. But un-
til the President and Congress
act, we will meet our health
responsibilities in Boston to
the best of our ability.
-Leon S. White, Ph.D.
Commissioner of Health
and Hospitals
City of Boston
Media Scan
(Continued from page 16)
was to pay for his care of her
son, he ended the discussion
with " We can work some-
thing out. " When a script
had one of Welby's associates
commenting, " I'm sorry to say
that many of those who need
insurance most don't have it, "
the line was censored by the
network's AMA consultants
before the episode reached
the air. The present health
care delivery system is thus
legitimized by the implication
that television - quality health
care is readily available re-
gardless of social class.
Third World people rarely
appear on the medical shows,
either as doctors, a fact thut
does bear a relation to reality,
or as supportive health work-
ers - an omission that is gross-
ly misrepresentative of reality.
Black patients occasionally
appear, almost invariably suf-
fering from sickle cell anemia,
as if more common medical
inflictions are only visited up-
on whites.
Women, when they appear,
are typically portrayed in a
manner that denigrates their
role in the provision of health
care. (Some 70 percent of all
health workers are women,
and nurses are frequently the
workers most directly involv-
ed with on going -
patient care.)
Dr. Welby's nurse, Consuelo,
for example, spends most of
her time on camera doing pa-
perwork and engaging the pa-
tients in small talk. Women
doctors, when their existence
is acknowledged, are charac-
terized in ways that make
their gender more important
than their profession. In one
" Medical Center " episode, a
female surgeon is forced to
leave her profession because
it does not allow her enough
time with her husband and
family. A male surgeon in a
later episode, on the other
hand, divorces his wife rather
than sacrifice his profession.
Men, in other words, are justi-
fied in being totally dedicated
to their profession, while wo-
men must ultimately be loyal
to their marriage and family.
Fantasy may make for good
entertainment. It may even
sell deodorants. But the con-
tradictions between health
care on television and health
care in the real world are too
great for the TV medium to
successfully sell the proposi-
tion that all is well with Amer-
ican medicine.
Written collectively by
students at Theme House in
Community Health at the
University of California,
Berkeley
Year
Personnel
Beds
Census
Personnel /
Bed Ratio
Personnel /
Census Ratio
1968
1969
1970
1971
1972
1973 *
1974
3569
3697
4145
3880
4157
3644
3287
1132
998
835
757
817
658
500
750
691
644
625
572
480
420
3.15
3.70
4.96
5.12
5.08
5.18
6.57
4.70
5.35
6.43
6.20
7.26
7.53
7.82
18
(* Personnel and bed figures are averaged for greater accuracy at beginning and end of year.)
=
Vital Signs
MIDAS TOUCH IN REVERSE
Nothing ever seems to go
right for President Nixon. Re-
member the Cedars of Leba-
non Hospital in Miami, that
paragon of the nation's " great
private health care system "
whose $ 75 million new wing
President Nixon dedicated in
February?
What hospital officials
didn't say in the dedication
ceremony was that on that
very day, the hospital was two
weeks late on mortgage pay-
ments of some $ 98,000 and
had sustained operating loss-
es of over $ 600,000 in the pre-
vious year.
In early April the hospital's
director and board chairman
were both fired for financial
mismanagement and the hos-
pital went into federal bank-
ruptcy court to have its debts
frozen. The hospital's debts
total more than $ 9 million, in-
cluding over $ 500,000 owed the
Internal Revenue Service for
employee withholding tax.
Miami officials never
thought the Cedars of Leba-
non was a paragon of any-
thing except runaway expan-
sionism. They opposed its ex-
pansion from the beginning,
arguing that by 1975 Miami is
expected to have a surplus of
4,000 hospital beds (out of a
total of 12,000). The hospital
went over their heads to the
regional Federal Housing Au-
thority (FHA) office and to
Washington, and now connec-
tions with Nixon aides Bryce
Harlow and James Cava-
naugh are being mentioned.
The head of the regional FHA
office is now in jail for accept-
ing bribes in another case,
and a Senate investigating
committee is about to descend
on the Cedars of Lebanon,
looking, among other things,
for links between the hospital
and Presidential confidant
Bebe Rebozo's Key Biscayne
Bank. Maybe the Cedars of
Lebanon is a paragon of more
than we at first thought.
SEXUAL DISCRIMINATION
IN HEALTH INSURANCE
Women get sick at an
equal, if not lower, rate than
men, yet they pay more for
health insurance benefits, and
suffer job discrimination as a
result. So says a recent report
of New York's Temporary
State Commission on Living
Costs and the Economy.
Labor Department statistics
show that men lost an aver-
age of 5.1 days of work due
to sickness and injury in 1971,
compared to 5.2 days for wo-
men, which included time off
for childbirth and complica-
tions of pregnancy. Women's
illnesses kept them away from
work for shorter periods than
did men's. These findings are
confirmed by a study Metro-
politan Life Insurance Com-
pany did of its own workforce.
It found 88.7 of every 1,000
men were hospitalized during
1972 compared to 76 of every
1,000 women. Furthermore,
hospital stays averaged 9.5
days for men and 9 days for
women.
Yet women pay substantial-
ly more for the same health
insurance policies than men.
For example, a five year -
acci-
dent and sickness plan for
men costs $ 496.70. Women of
the same age and occupation
pay 762.80 $
. Similarly, a one-
year sickness and accident
plan costs men $ 320 and wo-
men $ 496. These inequalities
were found in plan after plan,
and are even more striking in
the case of low income -
wo- 19
men. The result is employer
discrimination against the hir-
ing of women, the report finds.
Much of this discrimination
lies in the attitude that women
work by choice and out of per-
sonal convenience, rather
than out of necessity as do
men, states the report. Yet it
finds that 41 percent of the wo-
men who work are single,
widowed, divorced or sepa-
rated, and another 21 percent
have husbands who earn less
than $ 7,000 a year.
The New York Civil Liber-
ties Union is filing a class ac-
tion suit against the New York
Insurance Commissioner Ben-
jamin Schenck to halt such
discrimination.
GETTING PATIENTS
WHOLESALE
Southern California, that
cradle of the new capitalism,
has pioneered a new solution
to the problem of empty hos-
pital beds, reports New Times
Magazine. It's called patient
buying. The going rate is ap-
parently $ 50 to $ 100 per pa-
tient, although there are re-
ports of hospitals offering doc-
tors stocks, vacations, cars
and free lab and X ray - work.
The source of the practice
lies in Los Angeles County's
32,230 hospital beds 10,400 -
of which are vacant. Many of
these are in newly - built pro-
prietary institutions which
lack the reputation, staff or fa-
cilities to attract doctors vol-
untarily.
There are no statistics on ex-
actly the number of patients
bought and sold each year,
but everyone involved admits
the practice is widespread, not
only in Southern California,
but across the country. Said
one patient " seller, " " Name me
a major city with proprietary
hospitals that have overbuilt,
20 and I'll guarantee you it's a
place where patients are
bought and sold. In New York
City doctors get cash, autos,
vacations and other gratuities
from proprietary hospitals in
exchange for regular deliver-
ies. In Miami I know of phy-
sicians who deliver all their
patients to one hospital in ex-
change for $ 3,000. "
The practice is also sophis-
ticated. Many doctors work
through brokers who search
among hospitals for the high-
est bidder. Most patients come
from private practice, but
some of the biggest suppliers
own or operate private emer-
gency rooms. Hospitals often
employ publicists or consul-
tants who work on a retainer or
commission basis. Named in
the article are some of the na-
tion's largest proprietary hos-
pital chains American Med-
ical International, the Los An-
geles based - Century Medical,
Inc. and the Seattle - based
chain, Centennial Villas.
" As long as these profit-
oriented firms persist in over-
building, hospitals will con-
tinue buying patients. It's
strictly a matter of survival.
The doctors involved couldn't
be happier. They've found a
recession - proof business that
just happens to be tax free, "
says one broker.
CHARITABLE
INSTITUTIONS MUST BE
CHARITABLE?
Poor people may have won
a potentially significant court
victory recently. A federal
district court in Washington
in December ruled that to con-
tinue to qualify for tax ex-
emption (under IRS Code, Sec-
tion 501 (c) (3)), hospitals must
give free care to " patients in
need of hospital care who can-
not pay. " In January, the court
extended this ruling to require
hospitals to post such a notice
" conspicuously " within the
hospital so all patients can
read it. It also ruled that the
provision of free care cannot
be limited to emergency serv-
ices, although additional guide-
lines are as yet unclear. The
suit was brought by the Ken-
tucky Welfare Rights Organi-
zation, the Association of Dis-
abled Miners and Widows, the
National Tenants Organization
and individuals against the
IRS.
PUBLIC PROGRAMS
MUST BE PUBLIC?
Hospital cost data filed un-
der Medicare must be made
available to the public upon
specific request after May 1,
according to James Cardwell,
head of the Social Security
Administration. He reports an
increasing demand for this in-
formation and has ruled that
it must be made public under
the Freedom of Information
Act. Hospitals are asking for
a delay while they study the
legal issues.
WHAT THE DOCTOR
DIDN'T TELL YOU
Presuming you can find it
and pay for it, have you ever
wondered exactly what you're
getting when you seek health
care? Several recent studies
and congressional testimony
suggest perhaps you should.
For example:
OE 30,000 people die each
year, most needlessly, from
adverse reactions to antibi-
otics, charges Senator Edward
Kennedy, chairman of the Sen-
ate Subcommittee on Health.
Kennedy bases his charges on
testimony from highly diverse
and respected witnesses ap-
pearing at a recent hearing
on drugs and the pharma-
ceutical industry.