Document k9GJekz3gnEqQqJK8xXpYJBgy
Health
Policy
Advisory
Center
No. 51 April 1973
HEALTH / PAC
BULLETIN
TURNING POINT
FOR PUBLIC HOSPITALS
City and county hospitals - the major
source of health care for low income -
peo-
ple are - in deep trouble. Local taxes can't
keep up with the hospitals'ever mounting -
costs. In despair of improving their hospi-
tals, some cities and counties are figuring
out ways to get rid of them.
A number of city and county hospitals
will close altogether. Several California
county hospitals are on the brink of clo-
sure. Madera General Hospital already
shut its doors, forcing patients to seek care
in other counties. In 1970 and '71 Chicago's
Cook County Hospital came within a hairs-
breadth of shutting down. The New York
City Health and Hospitals Corporation ini-
tiated plans to close or lease up to seven
of its eighteen municipal hospitals (see
BULLETIN, May, 1972). The 1972 Airlie
House Conference on Public Hospitals, at-
tended by an impressive array of public
hospital experts, concluded that " The clos-
ing down of large public hospitals in major
cities is an unpleasant but very possible
result if indifference and inaction remain
the cornerstone of federal policy. "
Federal and state hospitals are also
threatened. The Nixon Administration is
trying to phase out its Public Health Serv-
ice hospitals. And California's Governor
Reagan hopes to eliminate the state's men-
tal hospitals.
Two major factors are operating through-
out the country to deepen the crisis of city
and county hospitals: cutbacks in Med-
icaid and changing needs of private hospi-
tals. In both cases, powerless public hos-
pitals have little choice but to react to
situations produced by the dominant pri-
vate health sector.
The Medicaid program has played a crit-
ical role in public hospital financing. Fol-
lowing its passage in 1965, Medicaid paid
the hospital bills for a significant propor-
tion of city and county hospital patients,
thus shifting health financing from local
budgets toward state and federal govern-
ments. However Medicaid encouraged hos-
pitals, nursing homes and private doctors
to rapidly raise their fees and grossly over-
charge the program. A series of fiscal crises
and a rash of Medicaid cutbacks resulted.
Though the greed of the private sector
caused the cutbacks, the consequences fell
heavily on the public sector. Part of the
financial burden for public hospitals was
shifted back to local governments. With
hospital costs inflating faster than any
other item, city and county officials are
looking for ways to get the hospitals off
their backs.
At the same time that changes in Med-
icaid are returning the financial burden
for public hospitals to unwilling local gov-
ernments, private hospitals have been hit
with falling occupancy. The average na-
tional occupancy rate (percent of beds
filled) for acute care hospitals fell from
78.0 in 1970 to 74.8 for the year ending
September 30, 1972. The resulting 25,000
empty beds are mostly in private hospitals,
both non profit -
and profit making -
. In the
five Pacific states the slide was even
greater: from 73.3 percent occupancy in
CONTENTS
3 California County Hospitals
13 Medi - Cal
20 San Francisco
1969 to 63.6 percent in September, 1972. At
the start of 1973, California's Health Plan-
ning Council chairman Thomas McMur-
ray estimated that the state has a general
hospital surplus of over 19,000 beds.
This drop means financial trouble, for
empty beds produce no income yet cost
money to maintain. In the cities and towns
of California, privates are pressuring
county governments to close or reduce in
size their hospitals and to pay private hos-
pitals for the care of low income -
patients.
Thus everything is stacked against pub-
lic hospitals. Local governments face in-
creasing financial responsibility for the
care of the poor and private hospitals are
confronted with an increasing need to take
poor patients. In California, where Med-
icaid cutbacks have been greatest and
hospital occupancy rates are lowest, these
conditions have already closed or nearly
closed several county hospitals. And in
four out of five of the state's largest coun-
ties the hospitals are on their way to be-
coming quasi private - institutions.
What is wrong with closure or private
acquisition of public hospitals? Don't these
hospitals give poorer care in America's
two class -
health system? And won't their
demise help initiate emergence of single
class health care?
In fact, the closure of county hospitals
has nothing to do with a one class -
health
system; it is a response to financial pres-
sure on local government and on private
hospitals. The two class -
system will con-
tinue as long as there are low income -
peo-
ple who cannot pay for their health care
or cannot find care in their communities.
The new Medicaid amendments (HR 1)
represent a cutback in health programs for
the poor, and Washington observers feel
that national health insurance is many
years away. Meanwhile medical man-
power in poor urban and rural areas is
diminishing and these areas must increas-
ingly rely on public hospitals and clinics.
Public hospitals must be preserved for
several reasons. (1) Twenty million or
more people without Medicare, Medicaid
or private insurance are unable to pay for
private hospital care and depend on pub-
lic hospitals. (2) Private hospitals have
always refused " undesirable " patients
(such as alcoholics, drug addicts and the
chronically ill) even with Medicaid cards;
the privates have done this whether or not
a public hospital exists in the area, and
there is no reason to believe that they will
change. (3) Most doctors in private hospi-
tals have private office practices and come
to the hospital only to see their private
patients. So the hospitals, even those with
empty beds, have few or no physicians
available to care for low income -
people
who don't have access to private doctors.
(4) The decline in private hospital occu-
pancy may be temporary, suggesting the
possibility that Medicaid patients now
sought - after by privates may be forced
back to public hospitals in a few years.
(5) Private hospitals are comparatively
immune from public pressure whereas
public hospitals must have some accounta-
bility for their actions.
Low income -
communities in California
are choosing to support the continued ex-
istence and improvement of their county
hospitals. Groups in San Francisco, San
Mateo and Tulare counties are fighting to
keep their care from disappearing or going
private. If strong enough, such popular
pressure could delay the destruction of the
small but important portion of our health
system that still belongs to the public.
But successful struggle will require deal-
ing with a more fundamental issue: the
Published by the Health Policy Advisory Center, 17 Murray Street, New York, N. Y. 10007. Telephone (212) 267-
8890. The Health - PAC BULLETIN is published 8 times per year; January, February, March, April, May, Sept-
tember, October and November. 3 special reports are issued during the year. Second - class postage paid at
New York, N.Y. Subscriptions, changes of address and other correspondence should be mailed to the above
address. New York staff: A. Sandra Abramson, Constance Bloomfield, Oliver Fein, Marsha Handelman, Nancy
Jervis, David Kotelchuck, Ronda Kotelchuck, Howard Levy and Susan Reverby. San Francisco staff: Elinor Blake,
Thomas Bodenheimer, Judy Carnoy. San Francisco office: 588 Capp Street, San Francisco, California, 94110.
Telephone (415) 282-3896. Associates: Robb Burlage, Morgantown, West Virginia; Desmond Callan, New York
City: Vicki Cooper, Chicago: Barbara Ehrenheich, John Ehrenheich, Long Island: Kenneth Kimmerling, New
York City. 1973.
2
relation of public hospitals to the dominant
private health sector. Private profiteering
in Medicaid has largely caused cutbacks
that now overburden local governments.
Private hospitals continue to use public
hospitals for their own purposes: to dump
patients when they don't want them and
to grab patients when they do. And local
taxpayers, predominantly working fami-
lies, are forced to pay in three different
ways: for their own health insurance al-
lowing them to use private hospitals, for
the billions in public money that pays
through Medicare and Medicaid for more
than 50 percent of private hospital budgets,
and for the local public hospital to care
for the cast - offs from the privates.
Private hospitals have overwhelming
advantages over public hospitals in attract-
ing money and manpower. The privates.
began with capital from rich churches or
philanthropists and with private doctors to
admit paying patients to them. With the
ability to get paying patients, private hos-
pitals had a source of income that public
hospitals, which couldn't attract paying
patients or were legally prevented from
accepting them, were denied. Medicare
then provided large sums of tax money
that private hospitals, with their superior
resources, could also pull away from pub-
lic hospitals. It is the usual up down - or -
spiral characteristic of an economic system
based on private capital: institutions and
individuals who start out with money can
always attract more money whereas those
without money remain impoverished.
As long as a small, underfinanced pub-
lic system coexists with a large, wealthy
private one, the private system will suc-
cessfully compete for paying patients, doc-
tors, money and power. Thus the struggle
to preserve the public system is more than
the preservation of a rundown, half empty -
,
understaffed city or county hospital. It
means fighting to divert resources from pri-
vate to public control. It means attacking
private hospitals when they take public
money but leave behind the public respon-
sibility to care for everyone. Eventually it
may mean forcing the new, well staffed -
local private hospital to become public.
DISMANTLING CALIFORNIA'S
COUNTY HOSPITALS
Many struggles to improve health care
have occurred in and around public hospi-
tals: Cook County in Chicago, Lincoln and
Harlem Hospitals in New York City, San
Francisco General, and Los Angeles
County Hospital. And it's no surprise. Most
public hospitals are inadequately staffed
and equipped and grossly underfinanced.
And each large urban hospital has many
different elected bosses -
officials, appoint-
ed health and civil service administrators,
medical school deans and department
heads each running a small part of the
show.
But public hospitals have had one enor-
mous virtue: millions of people could seek
care there without worrying what it would
cost. From now on, people will have to
start worrying. Some public hospitals are
being closed down entirely. Some are be-
ing removed from public control. And in
others, people are being asked to pay for
care formerly delivered free.
This nationwide trend is most visible in
California. San Diego's county hospital
was turned over to the University of Cali-
fornia in 1966, Sacramento is going that
route this year, and Orange County may
3
follow. San Francisco is debating a plan to
turn its hospital into a quasi private -
corpo-
ration. Madera County has closed its hos-
pital and other counties - San Mateo,
Humboldt, Yolo, Butte, Tulare, Kings and
more are planning closure. In fact, almost
every small county in the state has con-
sidered closing its hospital. A profit - mak-
ing hospital chain is operating Siskiyou
County's former hospital; another profit for -
chain came close to getting Merced's. Los
Angeles County is discussing contracting
out some services to private hospitals. And
almost every county has tightened up
billing and collection practices.
By the time the dust settles, it looks as
if California's free public hospital system
will be largely dismantled, county by
county.
How Hospitals Began
From the very beginning, America's
health care system was based on economic
class. Wealthy and middle class people
were attended by private physicians in
their homes. Care for the destitute, on the
other hand, was left to public poorhouses,
used like jails to separate the undesirable
and the contagious from society. The coun-
try's first hospitals typically -
dirty, over-
crowded and poorly ventilated - were
never used for the treatment of well - to - do
patients. In fact, since medicine had little
to offer the sick, they were not a place for
treatment at all, but a place to die.
The discovery of antisepsis and sterile
procedure in the 1840's reduced the high
hospital mortality. At the same time the
development of anesthesia gave hospitals
a curative purpose: surgery. With these
technical advances, hospitals became a
place for middle and upper class people
to go. In the late 19th and early 20th cen-
turies, many new hospitals were built, most
of them private. Until this day the origins
of public and private hospitals haunt us:
public hospitals are still seen by many of
their users as places to die whereas private
hospitals are considered places to get well.
With the emergence of scientifically-
based medicine, university medical schools
began to use urban public hospitals for
teaching and research. Poor patients re-
ceiving free care were in no position to
object to being used as teaching and re-
search subjects. The medical schools would
supply cheap medical manpower to the
city hospitals, and the cities in return would
foot the bill for a great deal of the schools '
operations.
The Depression of the'30's threw private
4
hospitals into financial crisis; people could
not afford to be hospitalized. It was Blue
Cross and commercial health insurance
that bailed out the private hospitals. But
these were unavailable to patients of pub-
lic hospitals, which were left dependent on
local property taxes. These taxes don't tap
the country's real concentrations of wealth
and cannot expand fast enough to keep up
with public hospital needs. So public hos-
pitals have never emerged from financial
crisis.
California's County Hospitals
Since 1855, California's counties have
been responsible for the health care of poor
people. The oft cited -
Section 17000 of the
State Welfare and Institutions Code states
that
" Every county and every city and
county shall relieve and support all
incompetent, poor, indigent persons,
and those incapacitated by age, dis-
ease, or accident, lawfully resident
therein, when such persons are not
supported and relieved by their rela-
tives or friends, by their own means
or by state hospitals or either state or
private institutions. "
Until recently, county hospitals in Cali-
fornia were generally open only to the
medically indigent; people able to pay had
to be referred to private doctors and pri-
vate hospitals. This was first established
in 1933 when a group of Bakersfield doc-
tors sued to stop Kern General Hospital
from admitting paying patients. The doc-
tors won. In 1939 another court decision
held that county hospitals could admit pay-
patients only if sufficient private facilities
did not exist in the area. In essence, Cali-
fornia courts determined that county hos-
pitals were not to compete with private
facilities but were to fill in the gaps unpro-
vided by them () 1. In this way the private
sector would not receive competition from
tax supported - public institutions.
Medi - Cal and the " County Option "
By providing federal and state funds, the
California Medicaid program (Medi - Cal)
was supposed to relieve the burden placed
on counties (see Medicaid article, page
13). But to the counties, it wasn't that sim-
ple. First, they had to contribute a signifi-
cant portion of the Medi - Cal budget through
yearly lump - sum payments to the state.
Second, with Medi - Cal, patients would
gravitate to private care, leaving county
hospitals with the medically indigent who
were ineligible for Medi - Cal.
So in the California legislature, the coun-
ties won the passage of an all important -
clause in the Medi - Cal law: the " county
option. " The state agreed to pay all ex-
penses for county hospitals above the base
year 1964-65. For example, if a county
spent $ 20 million for its hospital in 1964-65
and spent $ 30 million in 1968-69, the state
would reimburse the county for the addi-
tional $ 10 million. As Gordon Cumming,
former county hospital administrator in
Sacramento and the author of the county
option, said, " The county option is the best
deal the counties ever got. " It meant that
county hospitals could acquire all the
equipment and new personnel they wanted
and the state would pay the bill.
In addition, the Medi - Cal law overturned
previous court decisions and allowed coun-
ties to open their hospitals to private pa-
tients. However, the dream of Medi Cal's -
creators failed to materialize. Governor
Reagan soon limited funds for the county
option so that county hospitals by and
large failed to upgrade their facilities, at-
tract private patients and become " com-
munity hospitals " for rich and poor alike.
Private patients and doctors continued to
view county hospitals as institutions only
for the poor.
Yearly Medi - Cal cutbacks reversed the
1966 shift toward federal - state financing of
county hospitals and the final blow came
with the 1971 Medi - Cal " Reform " Act.
Though the Act placed more people on
Medi - Cal, at the same time it abolished the
county option, raised the county's contribu-
tion to the Medi - Cal budget, and lowered
rates at which Medi - Cal reimbursed county
hospitals. In Los Angeles, for example, lo-
cal taxes provided 80 percent of the county
hospital budget prior to Medi - Cal; after
1966 the local contribution dropped to 50
percent; and following the " Reform " Act
rose again to 60 percent. Since hospital
budgets have shot up since 1966, the re-
newed burden is a heavy one. More than
any other factor, this shift back to local
support has made county boards of super-
visors (California's local governing bod-
ies) anxious to get rid of their hospitals.
Occupancy Rates
When county supervisors took a new
look at their hospitals they were in for a
big surprise: many of the hospitals were
half empty -
. Kern General had a 1971 occu-
pancy rate of 61 percent, Contra Costa
County 65 percent, Merced General 51 per-
cent, Orange County 67 percent, Sacra-
mento Medical Center 70 percent, Santa
Clara 59 percent, Santa Rosa 42 percent,
Fresno 42 percent, Yolo 32 percent, Kings
24 percent. Had large numbers of Medi-
Cal patients deserted these county hospi-
tals for private medicine?
The answer is " No. " Between 1965 (be-
fore Medicare and Medicaid) and 1971, the
number of admissions to Kern General
Hospital diminished by only 6 percent; at
Contra Costa admissions increased by 27
percent; Merced showed a 33 percent rise.
There are exceptions: Yolo and Kings
dropped their admissions by 40-50 percent.
But public hospital admissions in Califor-
nia's four largest cities dropped only 5-10
percent. And out patient -
visits are increas-
ing.
Then why are the occupancy rates
down? The main reason is that patients are
staying in the hospital less time. Some hos-
pitals have phased out their chronic pa-
tients, thus cutting down the patient census.
In addition, Medicare and Medicaid are
pressuring hospitals to get patients out. The
average length of stay dropped dramati-
cally in some county hospitals; San Fran-
cisco General's fell from 13.2 to 7.1 days
in 9 years.
Changing Role of the Privates
On May 10, 1971 the San Francisco
Chronicle's front page proclaimed an
" Empty - Bed Crisis for SF Hospitals. " The
article could have been written in Boston,
Los Angeles, Minneapolis, Seattle or Den-
ver. The average national occupancy rate
for private hospitals is declining for the
first time since World War II. Length of
stay has dropped, as has the rate of admis-
sions. But the most significant factor is the
expansionism of the private hospitals
themselves: in the 1960's hospitals grossly
overbuilt. According to the Wall Street
Journal (November 2, 1971), " The number
of beds in general - care hospitals has
grown about three times faster than the
nation's population, " rising 33 percent from
1960 to 1970.
Private hospitals have always exploited
their public counterparts. In the past they
have taken paying patients and sent non-
paying and " undesirable " patients to pub-
lic hospitals. This " patient dumping " has
reached enormous proportions; in Chicago,
18,000 emergency patients were refused
admission to private hospitals in 1970. The
most fortunate ended up at Cook County
Hospital; the unlucky - at least 50 people
- died in the course of transfer (2).
With the drop in private hospital occu-
pancy, however, the relationship may be
5
reversed. Rather than using public hospi-
tals to dump non paying -
patients, private
hospitals are looking to them as a source
of more paying patients. There is tension
between the need for more paying patients
and the desire to pick and choose which
patients are cared for. But in California,
private hospitals are pressuring county
governments to close or reduce their hos-
pitals and to contract with them instead
for the care of the poor.
Five Ways to Get Rid of a Hospital
With costs climbing and occupancy fall-
ing, county boards of supervisors are anx-
ious to get out of the hospital business.
There are several ways of doing this: clos-
ure, " contracting out, " transfer to a medical
school, takeover by a private corporation,
and creation of a quasi public -
corporation.
Short of this, counties are looking to tighter
billing to stem the tide, and, not inciden-
tally, make public hospitals act more like
private ones.
Although local conditions determine the
fate of any particular hospital, these mech-
anisms are being considered throughout
the country. California is trying them all.
Closure
Madera County, located in the heart of
the agricultural Central Valley, is Califor-
nia's sixth poorest county in per capita in-
come. In 1972 the Board of Supervisors de-
clared that the county had no more medi-
cal indigents and closed down the county
hospital. Patients with incomes above the
Medi - Cal level were assumed to be capa-
ble of paying their own hospital bills.
At the same time the new private Ma-
dera Community Hospital opened across
town, and patients without money or insur-
ance were turned away. In fact, according
to Manuel Perez, the county hospital ad-
ministrator in neighboring Fresno County,
Madera Community Hospital actually put
patients in ambulances and sent them 25
miles south to Fresno. Madera patients
also showed up at Merced General Hos-
pital 30 miles to the north. Merced's admin-
istrator, Jay Akin suggested that, " Some-
one ought to sue the hell out of them. "
Other counties and some Madera con-
sumers are putting pressure on Madera
Community Hospital and the hospital is
now admitting more people. But with no
out patient - department, no full time - doctors
and a practice of first served - pay - first -
, Ma-
dera Community Hospital is not going to
serve a large number of poor Madera
residents.
6
Will the Madera story be repeated
throughout California? Manuel Perez, in
addition to heading Fresno's Valley Medi-
cal Center (the county hospital with a new
name), is President of the Association of
California County Hospital Administrators.
" A couple of dozen county hospitals (out
of 54) will survive; all the rest will go, "
predicts Perez. " The reason is economy. " "
Fresno itself is an example of the ten-
sions placed on county hospitals. The city
of 200,000 is overbedded, with occupancy
in one private hospital going from 88 to
73 percent in the past four years, another
dropping from 68 to 44 percent, and Valley
Medical Center going from 56 to 42 per-
cent. Mr. Perez is working energetically to
make his hospital into a regional referral
center by bringing in a medical school
affiliation. He admits that " private hospi-
tals and private doctors are trying to stop
our expansion and improvement pro-
grams. " If hospital occupancy in Fresno.
continues to fall, someone will be closing
down.
Tulare County, south of Fresno, just had
a close call. The Board of Supervisors had
decided to close the hospital on February
1, 1973. But in late 1972 several hundred
community residents stormed a Board
meeting to demand that the hospital re-
main open and several thousand signers
petitioned for the continuation of the hos-
pital. The Supervisors backed down and
set up a committee to study the situation.
After another large turnout of community
people and hospital employees, the hospi-
tal has been spared pending further study.
However, the Supervisors did not commit
themselves to improving the hospital's in-
adequate services.
Next door - Kings General Hospital is
nearing its end. It is close to disaccredita-
tion by both the Joint Commission on Ac-
creditation of Hospitals and the California
Medical Association, and the Supervisors
refuse to appropriate money to fix it up.
The hospital's retired medical director, Dr.
Paul Murphy, suspects that a private hos-
pital has played a role in the impending
closure: " Sacred Heart wants the county's
money, but they don't want the county's
patients soiling up their marble floors.
They're making the laundry into an out-
patient clinic, building little cubicles, you
know. They'll have the poor patients go in
and out through the back door. "
The same process is taking place in Cali-
fornia's northern counties. Down the street
from Yolo General Hospital sits private
Woodland Memorial, whose occupancy
rate has dropped from 80 to 67 percent in
four years. Woodland Memorial has built
an emergency room to attract new patients
and it is strongly represented on a commit-
tee to study the future of the county hospi-
tal. Yolo General's administrator, Walter
Atkins, was bitter: " A multitude of people
can't go to the private sector. It'll be a sad
day in California when we lose the county
hospital system, and we will lose it. "
" There are too many
hospital beds in the country,
although the Association
would never want me to
say so publicly. "
_ the late Dr. Edwin Crosby,
former vice president -
of the
American Hospital Association
Ironically, Atkins has left Yolo to be-
come administrator in another troubled
county hospital. In 1972, Butte County vot-
ers approved a proposition requiring con-
tinued operation of the county hospital, but
they turned down the bond issue to fund it.
The hospital will lose accreditation by July
if money is not voted; a new referendum
is scheduled for May. Humboldt County,
on the northern coast, will probably close
its hospital next year. Mendocino County is
talking about doing the same.
Contracting Out
A less dramatic way to close a county
hospital is to do it little by little. One of the
chief quises for this is called " contracting
out whereby "
counties contract or form
agreements with private hospitals to take
county hospital patients. Contracting out is
an issue at the two largest county hospitals
in the country: Cook County in Chicago
and Los Angeles County.
In February, 1970, administrator James
Campbell of Chicago's Presbyterian - St.
Lukes Hospital proposed that the Cook
County Hospital patients covered by Med-
icaid and Medicare (70 percent of the hos-
pital census) be cared for by 46 private
hospitals throughout the city. Cook County
Hospital would be left with patients no one
else wants - those without third party cov-
erage and " troublesome " patients like
prisoners, alcoholics and drug addicts. The
plan was not implemented, but the Health
and Hospitals Governing Commission's ex-
ecutive director, Dr. James Haughton, is
thinking about cutting down the county
hospital and contracting out the care of
poor patients to private hospitals. " I am not
saying this will happen, but it is certainly
one of the options available to us, " said
Haughton in a recent Chicago Daily News
interview. Apparently private hospitals
with financial and occupancy problems
are pressuring Haughton for contracts; he
has been negotiating with Mary Thompson
Hospital (occupancy 68 percent) for sev-
eral months.
Los Angeles County has just reorganized
its health and hospital system and one of
the hottest issues is contracting out. The
county already pays some private hospi-
tals for emergency care of medically indi-
gent people. But the privates hope to divert
more patients into their empty beds and
want the county to guarantee that they will
be covered (if they do not have Medicaid
or Medicare). The county's Medical Direc-
tor Dr. John Affeldt is worried that, " Pri-
vates will pick and choose patients and
reject those they don't want. It could de-
stroy the basic core of the county hospitals.
We'll lose our staff and deteriorate. You
can destroy the county hospitals little by
little and you'll never be able to get them
back. " County Health Services Director
Liston Witherill, however, claims that con-
tracting out is many years away. "The
county has no money to pay the privates. "
Contracting out, though ideal for private
hospitals, is a problem for starved money -
county governments. If counties pay for
everyone without Medicare, Medicaid or
private insurance, their health care costs
could soar. Consequently " contracting out "
will involve primarily Medicare and Med-
icaid beneficiaries, but few " medical indi-
gents " except possibly in emergencies.
And unless the privates make more physi-
cians available to care for patients under
county contracts, these contracts will be
empty promises.
Medical School Transfers
Medical schools have traditionally
formed " affiliations " with county hospitals:
the school provides doctors to give service
and the county supplies an equipped,
staffed facility for teaching. The medical
school obtains virtual control over the
7
health care delivered, yet has no respon-
sibility for the hospital's financing. In San
Diego and Sacramento, however, the Uni-
versity of California is taking over the en-
tire operation of those counties'hospitals.
In both cases the major factor in the trans-
fer was the county's desire to get out of the
hospital business rather than the Univer-
sity's wish to engineer a takeover.
Around 1960, Dr. W. W. Stadel, adminis-
trator of San Diego's county hospital, de-
veloped a plan to make his hospital into a
university medical center. But he realized
that a county - run hospital with university
teaching programs would be an expensive
undertaking for the county. So Stadel ar-
ranged for the University of California to
finance and operate the hospital with a
minimum of county dollars. The fiscally
conservative San Diego Board of Super-
visors, of course, agreed.
The hospital was transferred to Univer-
sity management in 1966. The county paid
the University for patients not on Medi - Cal
whose incomes fell below a certain level.
Since the Medi - Cal " Reform " of 1971, how-
ever, few patients are eligible for county
support and the county puts little money
into the hospital. For San Diego's Board of
Supervisors there are no medical indigents;
people above the Medi - Cal level are ex-
pected to pay.
Now San Diego has no county hospital.
The medically indigent, who make up at
least 10 percent of the county's 1.3 million
people (see box, Page 15) can no longer
receive free care. Some patients are simply
turned away. Others receive care and ig-
nore the bill. But untold numbers are intim-
idated and never seek care in the first
place. An assistant administrator at Uni-
versity Hospital (the former county hospi-
tal) explains that " We negotiate with the
patient about how he'll pay. " If payment
is not completed within six months or a
year the bill is sent to a collection agency.
On non emergency -
admissions the hospi-
tal tries to collect a down payment -
before
admission. Dr. Stadel commented that the
University handles patients " like any other
private hospital, making some arrange-
ment for payment. Before Medi - Cal, many
private hospitals took some charity cases;
now no hospitals do. Those patients are in
worse shape than five or ten years ago. "
Even though people are treated like pri-
vate patients when it comes to paying the
bill, they don't feel like private patients
when they are getting medical care. Al-
most everyone who goes to University Hos-
pital continues to call it " county hospital. "
8
Waiting lines are still long; it takes three
weeks to get appointments in the clinics;
and patients don't have a personal physi-
cian but go to several of the 57 specialty
clinics for fragmented care.
Even though San Diego has no county
hospital, it still has a two class -
system of
health care; University Hospital is the hos-
pital for the poor. The most visible change
since 1966 is that the financial barrier for
poor patients has become worse.
In Sacramento County the University of
California Medical School at Davis (lo-
cated 15 miles from Sacramento) has
signed a contract to buy Sacramento Med-
ical Center (the county hospital) and to
begin to operate it on July 1, 1973. As in the
San Diego case, the prime moving force
behind the transfer was the county's desire
to get out of the expensive hospital busi-
ness (see box, Page 10). And as occurred
in San Diego, medically indigent patients
can be expected to suffer financial hard-
ships as a result of the transfer.
For medically indigent patients, univer-
sity transfers are little different than county
hospital closures. In San Diego and Sacra-
mento there is no longer a hospital that
welcomes people who cannot afford pri-
vate care.
Private Takeovers
In 1968 Siskiyou County, on the Oregon
border, cast off the burden of its county
hospital. The Board of Supervisors leased
the hospital to a non profit -
corporation
which in turn contracted with Beverly En-
terprises, a for profit -
hospital chain, to
manage the hospital.
Although the county is now free of the
burden, the hospital administration is in a
real financial bind. It has a hard time col-
lecting from patients without third party
coverage, yet it needs the money to pay
the high management fee that feeds Bev-
erly Enterprise's profits. The hospital's
emergency room is the sole out patient -
clinic for people without private doctors.
While the administrator claims to turn no
one away, people are asked for cash be-
fore being treated. Because a high per-
centage of people lack insurance for am-
bulatory care, the absence of a free, pub-
licly supported -
health facility is a real
hardship.
Four hundred miles to the south, Merced
County's Board of Supervisors commis-
sioned a study in 1972 to determine the
feasibility of selling its modern county hos-
pital to private interests. Performing the
study was the California Taxpayers Asso-
* 1
* 2
* 3
* 5
CALIFORNIA:
The Picture in 16 Counties
KEY
CO = contracting out
U = university transfer
C _ = closure, possible closure
PT = private takeover
PC = possible corporation
.7
.8.9
. 10
* 11
* 12
1. 1. Siskiyou (PT)
2. Humboldt (C)
3. Butte (C)
4. Yolo (C)
2.
5. Sacramento (U)
6. San Francisco (PC)
7. San Mateo (PC)
8. Merced (PT)
9. Madera (C)
10. Fresno (C)
11. Kings (C)
12. Tulare (C)
13. Kern
14. Los Angeles (CO)
15. Orange (U)
16. San Diego (U)
ciation, a lobbying organization backed by
the state's largest corporations. The rec-
ommendation? To sell the hospital, prefer-
ably to a profit making -
hospital chain. The
study favorably cited National Medical
Enterprises, a chain that operates a nearby
hospital. Curiously enough, National Medi-
cal Enterprises had already submitted a
proposal to buy the Merced hospital.
The study precipitated a major battle.
Three of the five supervisors, convinced
they could have half a million dollars a
year, wanted to sell. But with a four fifths -
vote needed for the sale, it appears that the
county will keep its hospital for the time
being.
Hospital Corporations
By the mid 1960's -
in New York City, it
was clear to anyone who cared to look that
the city's 18 municipal hospitals were anti-
quated, bureaucratic, inferior, second - class
institutions. For several years, in fact, vari-
ous politicians did look into the affairs of
the city hospitals. They succeeded not only
in getting their names on page one for
* 13
* 14
*
15
* 16
weeks on end, but they also uncovered a
multitude of abuses of the affiliation pro-
gram under which medical teaching cen-
ters are paid to provide professional serv-
ices in the hospitals. Abuses included the
mistreatment of patients for teaching and
research purposes, as well as financial rip-
offs of grand proportions (hijacking of
equipment, no show -
jobs, etc.).
Suggestions were made from various
quarters that the city sell its hospitals, close
its hospitals, or give them away lock, stock
and enema bag. The only proposal that
met with serious consideration was one
made by the Mayor's committee to look
into this embarrassment - the Commission
on the Delivery of Personal Health Services
(also known as the Piel Commission, its
chairman being Gerard Piel, publisher of
the Scientific American). The Piel Commis-
sion side stepped -
the issue of the affilia-
tions by arguing that what was wrong with
the municipal hospitals was public incom-
petence, bureaucracy, and lack of author-
ity. The Commission argued for the crea-
tion of a quasi public -
corporation which
9
Sacramento
The main problem with Sacramento Medical Center (Sacramento's county
hospital) was that no one wanted to run it. From 1966 through 1973 the nearby
medical school of the University of California at Davis had a traditional affiliation
with the hospital: the school provided the doctors and the county provided the
building, the non physician -
employees and the money. The cost of teaching was
partly responsible for the enormous inflation in the hospital's budget: from $ 11.5
million in 1967 to 28 $ million in 1972. The affiliation succeeded for one reason
only: the " county option " under which the state picked up county hospital ex-
penses above the 1964-65 level. So the county taxpayers didn't pay for university
teaching programs.
By 1970, Sacramento Medical Center administrator Gordon Cumming saw
that Governor Reagan would soon abolish the county option; it was costing the
state too much. Cumming convinced the Sacramento Board of Supervisors that
they should remove themselves from the hospital business; if the county option
disappeared, Sacramento's taxpayers would suddenly be paying for the Univer-
sity's educational costs. So the county approached the University about taking
over the entire operation of the hospital.
The last thing Davis Dean C. J. Tupper wanted was to run the county hospital
in Sacramento. He and his research - minded faculty were hoping for a super-
specialty hospital on the Davis campus. Sacramento Medical Center was too far
away for the convenience of professors in laboratories and libraries at Davis.
And the hospital's image would attract poor people, not specialized private cases
from all over the region. The affiliation agreement was relatively ideal: use of
the hospital without responsibility for it. But Sacramento's supervisors and
shrewd administrator Cumming had other ideas.
On November 30, 1971, the Board of Supervisors gave notice that its affiliation
agreement with the University would be cancelled in one year. The University
had two choices: take over the hospital or leave. As he expressed it to Health /
PAC, Cumming's posture had been " We'd better kick the University out on the
street. They can pack up their students, their faculty and their microscopes and
set them up on the curb. " Both he and Supervisor Patrick Melarkey now say
would theoretically bring modern manage-
ment techniques to the hospitals as well as
bridge the gap between public and private,
and thus somehow bridge the gap between
the two classes of hospital care.
So in July of 1970 the created state -
New
York City Health and Hospitals Corpora-
tion took over management of the city's
system (see BULLETIN, December, 1971).
Since that time, the Corporation has man-
aged to alienate patients, doctors, workers,
civic leaders and community groups alike.
While it has the rhetoric of decentraliza-
tion, the Corporation's own well paid -
staff
increased by leaps and bounds while the
hospitals lost at least 1,300 workers in an
unprecedented job freeze; authority once
delegated to hospital executives has been
taken away and returned, to be taken
away again as the confused leadership of
10
the Corporation vacillates on almost every
issue. Public accountability, which was not
to be sacrificed by this semi private -
organi-
zation, has suffered some setbacks. The
community advisory boards, which were
only mandated after community protest,
are only now starting to function. The
Board of Directors of the Corporation meets
in private and does not even show its com-
plete minutes to the public. Finally, even
though the Corporation is required to hold
annual public meetings, only one has been
held since it took over in 1970.
The Corporation has not been able to
do anything about the fiscal crisis of the
hospitals. During its first two years, it was
unable to handle collections from third-
party insurance reimbursements, losing
hundreds of thousands of dollars. Its books
were so badly kept that two different au-
Medical Center
that they never really intended to throw the University out. But the medical
school, with no other teaching facility, couldn't take any chances: the University
agreed to take over a hospital that Tupper claims it didn't really want.
Negotiations about the hospital transfer were long and painful, once breaking
down completely. The main issue was money, and one focal point concerned
that unwanted group - the medically indigent. Since 1966, Sacramento's Medical
Center had billed most patients, but as administrator Cumming put it, " We had
a lot of bad debts. If a guy doesn't have the money the county won't collect. "
So the hospital ended up each year with a deficit of uncollectable bills, the county
option paid for them, and patients had access to care.
Who will pay for the medically indigent now? According to Cumming, the
University will. University Vice Chancellor -
Elmer Learn has a different idea,
" The University can't become a welfare agency. " Under the recently signed con-
tract the county will pay for absolute emergencies, if the University cannot collect
the money from the patient. But most cases are not defined as emergencies, and
each feels that the other should be responsible.
It is not certain who will win this fight, but it is clear who will lose. A March 2,
1972, document on which the University - county relationship is based states that
" the University would reserve the right to refuse care to any patients, particularly
to patients the cost of whose care is not guaranteed by the county. " Vice Chan- -
cellor Learn admitted " We're going to have to operate pretty much like a private
hospital; if a patient can't pay he won't be admitted. " Regretfully he added,
" Patients may have to sell their homes to pay for care. We can't deprive a student
of his education to finance a patient who can't pay. "
Learn doesn't like being in this position. " If a patient who can't pay shows up
at Moffitt [the University Hospital in San Francisco] they load him in an ambu-
lance and send him to'County.'We won't have a'County'to do that with. " So
patients who presently worry about doctors first and dollars second may find
that under Sacramento Medical Center's new management the dollars will have
to come first.
dits condemned the management process.
The city for its part is balking at increasing
its appropriation to the Corporation, and
the Corporation has taken the city to court
in order to get more money.
New York City was not the first city to
go the corporation route. Kansas City, Mis-
souri formed a corporation for its hospital
in 1962 and the city pays for 65 percent
of the corporation's budget. Though Kan-
sas City has not experienced the chaos of
New York, the city's commitment to the
corporation is now faltering: in 1972-73 the
city failed to increase its appropriation
over the year before. If the city defaults
this spring, the corporation could be in
serious trouble.
It might seem surprising that given -
the
apparent failures of the New York City.
Health and Hospitals Corporation - San
Francisco General Hospital may soon be
turned into a similar corporation (see arti-
cle, Page 20).
Tighter Billing
The history of California's county hospi-
tals shows a gradual retreat from the con-
cept of free health care. In 1957, 20 out of
47 county hospitals sent bills to all patients.
regardless of ability to pay; the other hos-
pitals only billed patients with incomes
above a certain level. By 1960 all but ten
counties had patients sign a property lien,
stipulating that if the patient's house or
other property were sold either before or
after the patient's death, the county would
collect the hospital bill out of any money
earned from the sale.
However, relatively little money was
actually collected from these bills and
11
liens. Collection from people totally unable
to pay would not stand up in court, and
many people who signed liens had no
property to start with. So in spite of the
harrassing bills, county hospitals have
never made people pay before receiving
medical care and have allowed most bills
to go uncollected.
In recent years, some county hospitals
in California have begun to act more like
privates in their billing and collection pol-
icies. The Medi - Cal law requires hospitals
to have the capacity to bill all patients,
though the bill need not be sent out. Fol-
lowing the Medi - Cal " Reform " Act of 1971,
almost every county declared that patients
above the Medi - Cal eligibility level (about
$ 3,600 for a family of four) should be billed
for county hospital care, and most coun-
ties are preparing to collect those bills.
Los Angeles County, with 35 percent of
California's population, is one example of
tightened billing and collection. In the
1950's Los Angeles sent bills only to peo-
ple above a certain income level; the level
was not clearly defined but was worked
out by an eligibility worker based on diag-
nosis, cost of care and the patient's re-
sources. Following Medi - Cal, Los Angeles
County began to bill everyone. A sign in
a County General clinic waiting room
states: " Notice: By law, this hospital must
charge for medical care given. " Thus far
the county only presses collection from
those above the ill defined -
income level.
But it is now studying ways to tighten up
its collection policy.
Merced County may go one step further.
It is setting up a new hospital accounting
procedure called the " enterprise fund. "
The hospital will no longer receive its en-
tire budget from the county (with Medi-
care and Medi - Cal reimbursements return-
ing to the county's general fund), but will
bill Medicare, Medi - Cal and patients them-
selves, receiving from the county only
what it cannot collect from these sources.
A number of counties are turning to the
enterprise fund system under which, ac-
cording to the California Taxpayers Asso-
ciation, " the public hospital operates very
much like a private hospital. " Merced's
administrator Akin hopes to free the county
of the hospital altogether. Patients without
insurance may be asked to pay a $ 100 de-
posit before elective admission, and non-
urgent emergency room drop - ins will prob-
ably have to pay cash before being seen.
" Our billing department is a very lax oper-
ation, " Akin says, " we'll have to tighten
up. "
12
Keeping Public Hospitals Public
Underfinancing and fragmented admin-
istration plague the city and county hospi-
tals of California and the nation. Closure
of public hospitals solves these problems
for local politicians, but creates enormous
new problems for patients who are left to
their own devices. Private hospitals and
doctors show no willingness or capability
to take care of everyone.
" Privatization " of public hospitals,
through the mechanisms described above,
may smooth out administrative tangles but
fails to create new sources of money. " Pri-
vatized " public hospitals take on the fiscal
characteristics of fully private hospitals.
The profit incentives of private institutions
and the service orientation of public ones
are fundamentally different. Whether profit
or " profit non -, " whether quasi public -
or
entirely private, hospitals whose patient
revenues must equal expenses become pri-
marily concerned with collecting money.
They have a tendency to reject, or restrict
the care of, patients with no source of pay-
ment or with chronic disease. And they are
tempted to cut back on services that fail
to produce income. Governmental institu-
tions, whose income from services deliv-
ered is not expected to match expenditures,
do not think about money at the point of
patient care and therefore do not distin-
guish between profitable and unprofitable
patients.
Legally, the public has control over the
resources of governmental hospitals. Peo-
ple must fight to maintain this control since
it can slip away into the hands of complex
bureaucracies, private contracts such as
medical school affiliations, or bought - off
public officials. But, as the reversal of the
Tulare Board of Supervisors on the closure
of that hospital demonstrates, strong com-
munity pressure can influence the policies
of public hospitals. Private hospitals, on
the other hand despite -
attempts at gov-
ernment regulation - are unaccountable
for their actions.
The widespread belief that health care is
a service rather than a business implies
that health institutions should become in-
creasingly public, not increasingly private.
The closure or private takeover of public
hospitals is an assault on that belief.
-Thomas Bodenheimer
References
1. Greenfield, M., Medical Care for Welfare RecipientsL
California (University of California, 1959), p. 31.
2. Pierre de Vise, cited in Roemer, M. and Mera, J.
"
dumping'Patient -
' and other voluntary agency con-
tributions to public agency problems, " Medical Care,
January February -, 1973.
MEDICAID:
THE
FADING OF
A DREAM
When Medicaid went into effect, everyone
expected that the " freedom of choice " it
supposedly offered would lead benefici-
aries away from " charity care " into the
" mainstream " of medicine. Private hospi-
tal spokesmen predicted that county and
municipal hospitals would become obso-
lete. Public health administrators, on the
other hand, looked to Medicaid as a source
of funds to upgrade their hospitals to the
level of the best private hospitals.
Both were wrong. In the first year of the
program, county hospitals did see fewer
patients, but the decline was small and of
short duration: many patients who sought
care in the private sector returned to
county facilities soon after. Cook County
Hospital in Chicago and Charity Hospital
of New Orleans report no decrease in out-
patient visits as a result of Medicaid (In 1).
Los Angeles, Harbor General Hospital ex-
perienced a 23 percent outpatient decline
after the first six months, but after twelve
months the figure had returned to near-
normal - only 6 percent less than before
the program began (2). Inpatient utiliza-
tion was similarly unaffected: an Ameri-
can Rehabilitation Foundation study of 14
large municipal hospitals around the coun-
try revealed a decrease of only 9.5 percent
in admissions between 1965 and 1968, most
of the decrease occurring immediately
after 1966 (3).
These figures reflect in large part the re-
fusal of many physicians to participate in
Medicaid, and the inaccessibility of others
to Medicaid patients. Overwhelmingly,
private hospitals admit only those patients.
who have private physicians. A mere 100
out of Cook County's 9,000 physicians
cared for more than half the county's
275,000 Medicaid patients in 1968. In a city
with 80 hospitals, half the black population
received treatment from Cook County
Hospital (4).
" Mainstream " rhetoric aside, Medicaid
patients do not have as many places to go
as private paying patients. Even for pro-
viders who treat some Medicaid benefi-
ciaries, race, class and language or a dis-
tasteful health problem are often reasons
to turn away others. Nor does Medicaid
provide financing for all those who need
it; half the states restrict their Medicaid
programs so that only welfare recipients
are eligible, excluding tens of millions of
other people too poor to pay for their own
medical care.
The public hospital administrators'dream
of converting their facilities into institu-
tions competitive with the private sphere
faded as Medicaid quickly threatened to
bankrupt state and federal treasuries. To
slow down the outpouring of funds, cut-
backs ensued in state capitols and in
Washington. With each cutback, fewer
people were eligible, for fewer services. As
fees went down and paperwork went up,
providers became less willing to give care.
Altogether, financial responsibility revert-
ed increasingly to county and city gov-
ernments.
The Origins of Medicaid
Medicaid is only the most recent in a
series of limited federal health insurance
programs which began in 1950. That year
the government initiated a program which
provided states with very limited matching
funds to pay for the care of welfare recip-
ients. Some 20 states participated. Ten
years later Congress enacted the Kerr-
Mills amendment to the Old Age Assist-
ance welfare program, increasing federal
matching funds for elderly welfare recip-
ients. Called Medical Assistance for the
Aged (MAA), it made funds available for
the first time to some older people who
13
were not eligible for welfare. But designed
by conservative legislators, it helped only
148,000 in its third year of operation (5). In
1965 the liberal Congress replaced the pro-
gram with Medicare for the elderly and
created Medicaid for low income people.
Medicaid just expanded the inadequate
Kerr Mills -
program to include the remain-
ing federally - funded welfare categories,
established by the Social Security Act of
1935: Aid to the Blind, Aid to the Perma-
nently and Totally Disabled, and Aid to
Families with Dependent Children.
What Is Medicaid?
When Medicaid, Title 19 of the Social
Security Act, first became law its goal was
to provide a single standard of medical
care characterized by freedom of choice
on the part of patients and providers alike.
States were mandated to expand their
programs until by 1975 they provided com-
prehensive care for everyone unable to
pay. The federal government agreed to
give matching funds to participating states
for health programs previously provided
(if at all) entirely at state or local expense.
Medicaid offers federal funding of from 50
percent to 83 percent of the cost of services,
the exact percentage dependent on the
relative wealth of each state. For instance,
California, Massachusetts, and New York
receive 50 percent federal dollars; Georgia,
New Mexico, and Utah about 70 percent;
and Mississippi's medical costs are paid
83 percent. Only Arizona has declined to
develop a Medicaid program.
Each state decides - within federal guide-
lines - how to administer its program,
which services to give and to whom, and
how to pay providers. At a minimum, a
state's program must cover all people re-
ceiving money from the federally - financed
welfare programs and must include speci-
fied basic services, including physician
services, inpatient and outpatient hospital
services, and laboratory and X ray - serv-
ices among others.
In addition, a state may choose to extend
coverage to people who fit the description
of any of the welfare categories but whose
incomes or assets are too large for them
to receive welfare. For example, a blind
person with an income higher than al-
lowed for Aid to the Blind is not eligible for
welfare but might be eligible for Medicaid
if his income is judged too small to cover
his medical bills. Those who qualify for
Medicaid but not for money from welfare
programs are referred to in bureaucratese
as " categorically - linked medically needy. "
14
Persons who don't fit into one of the four
welfare categories are excluded no mat-
ter how poor they are; notably, men and
women under 65 who are neither blind nor
disabled and who have no children under
21. (A state is free to include in its Med-
icaid plan people who don't fit into a wel-
fare category, but the federal share for
" There is valid doubt as
to whether people are pro-
tected from the risk of
impoverization by medical
expenses under spend - down
since (eligibility) levels
are unrealistically low,
spend - down only reaches
those who are already
poor. "
-A Study of the Medicaid Spend - down
Experience,
Urban Systems Research & Engineering,
Inc., for HEW, February, 1973
them is so minimal that virtually no states
have taken up the option.)
Only one more concept is involved:
" spend - down. " It was added to prevent
states from ignoring the size of an appli-
cant's medical expenses when determining
eligibility. A categorically - linked family or
individual may have any income and be-
come eligible for Medicaid if so many med-
ical bills are incurred that, after subtract-
ing them, the income is " spent down " to
the eligibility level. For example, if a
state's standard for a medically needy fam-
ily of three is $ 3,000 a year, a family of
three with a $ 4,000 income would be eligi-
ble after incurring $ 1,000 worth of medical
bills. The family is responsible for that
first $ 1,000, but Medicaid will pay the pro-
viders for any additional health care costs.
Medi - Cal
California was one of the first states to
take advantage of Medicaid. The Califor-
nia program, called " Medi - Cal, " offered
(next to New York) the most generous
services and standards of eligibility in the
nation when it went into effect in early
1966. Since then it has had the more ques-
tionable distinction of national leadership
in ravaging the program. Proclaiming
fraud by providers, excessive use by pa-
tients, and incompetent administration by
fiscal intermediaries, the Reagan adminis-
tration laid the groundwork for a long se-
ries of harsh cutbacks in California and
throughout the country. (see box, Page 18).
The attack on Medi - Cal began in the fall
of 1967. Announcing a pending fiscal crisis,
the Reagan administration eliminated non-
emergency surgery and limited private
hospital stays to eight days without the
prior authorization of a government - hired
" Medi - Cal consultant. " Drugs not on the
state formulary were excluded from use;
outpatient psychiatric care and outpatient
physical and speech therapy were ended.
Dental and optometry services were essen-
tially discontinued. The list goes on. Three
months later the State's highest court ruled
the cutbacks illegal, but the toll was great.
Unwilling to risk not being paid, even pro-
viders who had been treating Medi - Cal
patients refused to continue pending the
court's decision. State records show that
over two thirds -
of the care which would
ordinarily have been provided during the
three month -
cutback period had still not
been provided as late as six months after
restoration of services (6).
Calm was maintained for nearly a year.
Then in late 1968 the State Attorney Gen-
eral's office issued a report charging that
The Medically " Indigent "
The term " medically indigent " refers to people who cannot afford medical care
although they may not be indigent with respect to food, clothing or shelter. City
and county hospitals are an essential source of care for medically indigent peo-
ple and their closure would have drastic effects.
How many Americans are medically indigent? Good data is hard to come
by. That is not surprising since the number depends on the definition of the
term. " Medically indigent " can be defined as people without third party cover-
age: Medicare, Medicaid, other governmental programs or private health insur-
ance. The vast majority of such people have low incomes.
But this definition is overly restrictive. People on Medicare and some on Med-
icaid have out pocket - of -
expenses (insurance co -
, deductibles, uncovered services)
which may reach hundreds of dollars. Private health insurance is always limited
so that many people have insurance and are still unable to afford being sick.
Whereas 78 percent of people under 65 have hospital insurance, only 48 percent
have insurance for out patient -
care; yet out patient -
care can cost hundreds of
dollars. And many with hospital insurance have plans that pay a meager $ 20
or 50 $ a day, leaving hundreds or even thousands of dollars of a major hospital
bill uncovered.
Even taking the most restrictive view of medical indigency as people without
third party coverage, the number nationally is over 20 million. Two million of
these live in California. So a low estimate places medically indigent people at
10 percent of the population. Dr. Samuel Wolfe, Professor of Community Health
at Meharry Medical College, writing in the October, 1972, American Journal of
Public Health, estimates one fourth of Americans are " medically indigent in the
presence of substantial health care costs. "
Whatever the exact figures, the number of people unable to afford care is
growing. Judging from present trends, national health insurance seems further
and further away. As medical costs rise faster than personal income, more people
will be unable to afford private care. And as HR 1 takes effect, many Medicaid
patients will be left with medical expenses they cannot pay. In any case the
ranks of the " medically indigent " are growing not shrinking.
15
Medi - Cal was being victimized by fraud
and unethical practices by providers of
health care who were accused of filing
false claims, performing unnecessary sur-
gery, and indulging in kickbacks among
themselves and with suppliers of medical
goods. Kickbacks flourished between nurs-
ing homes and grocery suppliers as well.
Health, Education and Welfare Depart-
ment (HEW) Secretary Wilbur Cohen said
he was " very disturbed " by the California
charges and noted that such problems
might be occurring elsewhere. He laid the
blame not so much on those who might be
perpetrating the fraud as on those sup-
posed to uncover it Medicaid's -
fiscal in-
termediaries. These organizations, such as
Blue Cross and Blue Shield, contract with
states to receive claims, screen them for
abuses, and send out appropriate pay-
ments, essentially performing the state's
Medicaid paperwork. The debate was bit-
ter. California Blue Shield assailed the
ability of the Attorney General's office to
perform an accurate review; Chief Deputy
Attorney General Charles O'Brien replied,
" As for our competence to judge business
management practices, fiscal administra-
tion and claims processing, we have stated
that we are not experts. On the other hand,
in the country of the blind, the one eyed -
man may be king. "
In these early events may be seen the
two complementary but separate forces at
work in California. One is the political am-
bition and ideology of the governor and
his staff. The other is the massive cost of
Medi - Cal. The program has been expen-
sive, but the administration repeatedly ex-
aggerates its problems and manipulates
figures to justify extreme " corrective "
measures.
Enter Earl Brian
Governor Reagan ushered in the'70's by
appointing as head of the Medi - Cal pro-
gram Earl Brian, Jr., described as a young,
29 year - - old MD, flight surgeon and Viet-
nam war hero. To celebrate his first day
on the job, Brian apprised Medi - Cal recip-
ients and providers that prior authorization
from Medi - Cal consultants would be re-
quired for all non emergency -
hospitaliza-
tion, to make certain that only people
" really needing hospitalization would get
hospitalization " -and to preclude a pro-
jected $ 15-20 million defiicit. He subse-
quently issued a new set of regulations
which, while granting new benefits to the
categorically - linked medically needy, at
the same time lowered their eligibility
16
level. So while extending new services
with one hand, with the other Brian made
it more difficult for them to receive Medi-
Cal benefits at all.
These cuts proved just the beginning.
Fresh from a victorious election to his sec-
ond term, Governor Reagan announced in
December, 1970, that the state faced " in-
evitable bankruptcy " if welfare spending
were not curtailed. Dr. Brian gave notice
that physician's fees would be sliced by
10 percent and prior authorization would
be required for more than two emer- non -
gency physician visits a month, more than
two drug prescriptions a month, more than
one psychiatric visit every six months, and
virtually all optometry and dental care, to
list a few of the affected services. To top
it off, Brian declared that prior authoriza-
tion would be denied unless failure to pro-
vide treatment would result in " significant
disability or death. "
Patients and Providers Unite
Such a sweeping assault on the care of
lower income Californians and on the prof-
its of health care providers elicited a huge
controversy. It was widely believed that
another wave of doctors would quit the
program, turning patients back in the di-
rection of the county hospitals. The various
groups of providers held protest meetings,
each delivering press statements on the
problems resulting from cutbacks in their
respective fields; the California Medical
Association's president charged that physi-
cians were being deprived of the right to
provide good medical care for poor pa-
tients; the University of California decried
prior authorization as " interference " with
its health science teaching programs; nurs-
ing homes planned to protest by transfer-
ring their patients to county hospitals; in
San Francisco, the Board of Supervisors
predicted $ 15 million in additional costs to
the county for services private providers
would now refuse to offer. And California
Rural Legal Assistance filed yet another in
its series of lawsuits againt the state on
behalf of Medi - Cal recipients.
By January of 1971 it became clear that
the administration had covered up fiscal
problems until after the state elections and
had then manufactured an emergency sit-
uation to justify excessive cuts. But it was
six months before a state court ruled the
December cutbacks illegal, noting that " it
appears to this court that many of the
conclusions recited by the defendant
[Brian] are not established by the evidence
and in some instances are repudiated.... "
The judge added that the administration
had deliberately delayed asking the legis-
lature for help so that the matter would
reach crisis proportions, allowing the gov-
ernor to institute cutbacks by fiat under a
special " emergency " clause.
Down to the Last Dollar
Even while in the throes of battle over
cutbacks, Dr. Brian hatched another
scheme for reducing the availability of
care to Medi - Cal beneficiaries. Speaking
before a businessmen's luncheon, Brian as-
serted that recipients must " share in the
responsibility for the services they want "
by paying " some token amount, " and sug-
gested a 50 cent charge for prescriptions
and one dollar for physician visits. The
proposal was in direct conflict with the pro-
visions of Medicaid law, which permitted
no co payment -
for welfare recipients and
only income - related co payment -
for the
medically needy. On the whole, states had
not used the latter provision (7). But
pleased as always to have California as a
proving ground, the Nixon administration
tailor made -
an exception in a blatant and
rather ingenious circumvention of the law:
it granted a waiver for a " demonstration
project. "
Until then demonstration projects had
been used for the benefit of welfare recip-
ients never -
to their detriment (8). A co-
payment of even 50 cents or one dollar is a
significant amount for people already in
dire financial straits. Its sole effect is to
deter them from needed care, especially
for such services as natal pre -
exams and
other preventive measures which people
are tempted to forego (9). Perhaps equally
serious, the introduction of even nominal
co payment -
amounts is an opening wedge
to more onerous financial barriers.
Reform - Reduction
Co payment -
was one of several new fea-
tures embodied in the so called -
Medi - Cal
Reform Act of 1971, passed by the legisla-
ture after months of wrangling. It was the
final touch to the increasingly restrictive
nature of the program and contained bu-
reaucratic procedures certain to drive
away the last die hard -
providers and thor-
oughly confound their patients. The Act
makes law most of Brian's regulations of
the previous December, including the two-
a month -
limitation on outpatient physician
visits and prescriptions unless the pro-
vider contacts the Medi - Cal consultant for
prior authorization. Authorization is no
longer automatically withheld, but without
NEXT MONTH
NIXON'S HEALTH BUDGET
it the provider does not get paid. Like other
restrictions which appear aimed at provid-
ers, the real weight falls on Medicaid pa-
tients who have to scramble for treatment
as fewer and fewer physicians put up with
Medicaid regulations.
The " Reform " Act does appear beneficial
in one respect. It now permits people who
are not categorically linked to one of the
welfare programs to qualify for Medi - Cal.
The notion of bringing all the state's medi-
cally indigent into a unified program is a
good one. Unfortunately, the Act sets the
eligibility level so low that vast numbers
are still excluded. The state initially an-
nounced that the Reform Act would extend
benefits to an additional 800,000 Califor-
nians; but as of now, only 250,000 are re-
ceiving aid under the new clause.
Medi - Cal " Reform " Goes National
Federal activity has tended to follow the
California lead. Mounting anxiety over the
cost of Medicaid first led Congress to place
restrictions on the program effective in
1968, after California's first " crisis. " At that
time, New York's generous eligibility level
6,000 - $
for a family of four - was wreak-
ing havoc with Medicaid funds (and the
sensibilities of some politicians). Congress
added a formula to the Medicaid law limit-
ing the financial resources a person or fam-
ily might have in order to qualify for Med-
icaid as medically needy. By 1969, New
York had lowered its maximum allowable
income 20 percent, to $ 5,000. If that figure
seems reasonable at first glance, remem-
ber that a widely publicized report issued
at about the same time concluded that a
New York City family of four required
$ 10,000 a year to live even moderately.
The legislature again weakened Med-
icaid in 1969 by granting states the right
to reduce the amount and scope of benefits
offered, within certain limits. The original
legislation had specifically prohibited any
17
such reductions. In an action carrying
more serious symbolic overtones, the law-
makers also pushed back the deadline for
Medicaid's original goal of furnishing
comprehensive medical care to those un-
able to afford it from 1975 to 1977.
The Social Security Amendments of
1972, formerly known as HR 1, have elim-
inated this goal altogether. The section of
Title 19 embodying that ideal is deleted
from the legislation. Other amendments
seem to implement the deletion: states are
now legally free to lower eligibility stand-
ards and eliminate services, except that
they must still provide welfare recipients
with coverage for the program's seven
minimum required services.
Moreover, Congress took Earl Brian's
" sharing responsibility " notion a step fur-
ther. Not only are states now free to insti-
tute co payment -
for many patients, but in
addition the law requires states to collect
premiums from the medically needy. Just
what this means will not be clear until reg-
ulations are issued. One possibility is that
people who might become eligible for Med-
icaid through spend - down will be required
to pay the state a premium on a regular
basis, as if it were an insurance company,
in order to receive Medicaid, if and when
the time comes. If the time doesn't come,
they just lose their money. Many people
not wanting to take that chance will end
up needing Medicaid, but will be ineligible
because they failed to pay the premi-
ums (10).
The new law also allows states to con-
tract with Health Maintenance Organiza-
tions (HMO's) to provide care to Medicaid
beneficiaries and gives HMO's certain ad-
vantages over other providers in attracting
patients. But in California, at least one type
of HMO has thus far proved a disaster. Set
up in response to this provision, so called -
" paid Pre -
Health Plans " (PHP's) receive
a monthly flat sum from the state for
each Medi - Cal patient who signs up, but
give in return as little care as possible (see
BULLETIN, February, 1973). Even if a PHP
is technically " profit non -,
" it can purchase
all supplies, insurance, maintenance, lab-
oratory and X ray - services, etc. from for-
profit companies all wholly owned by one
single corporation. So the bulk of the state's
money goes to a few people, and " non-
profit " is a legal sham masking a profit-
making enterprise. The state benefits by
paying the PHP 10 percent less per patient
than it pays other providers; the PHP bene-
fits by pocketing a lot of money. The pa-
tients don't benefit at all. The California
18
Undercutting
Medicaid
Throughout Medicaid's first four
years states other than California also
experienced drains on their treasuries
and subsequent reductions in serv-
ices, eligibility levels, and funds. In-
terestingly, besides California, Mary-
land, governed at the time by Spiro
Agnew, was an early forerunner in
these respects. In mid 1968 -, the Mary-
land Dental Association withdrew
from the state's program because
Agnew had allocated only $ 650,000
for dental care. The following month
he ordered 22,000 persons dropped
from Medicaid by lowering the eli-
gibility level for the categorically-
linked medically needy. At about the
same time, Louisiana and Oklahoma
reduced services and shortened the
maximum hospital stay.
In 1969, Massachusetts cast out
40,000 medically needy families and
then cut fees, also issuing new and
longer forms for doctors to fill out after
each visit. However, the most dra-
matic move of the year came from the
New Mexico State Legislature, which
voted to cancel its Medicaid plan al-
together and replace it with the nar-
rowest possible program that would
still receive federal funds. The scheme
was vetoed by HEW as a violation
of the Medicaid law. The next year
New Mexico instituted other cutbacks,
as did Utah, Kansas, and North Caro-
lina.
Council for Health Plan Alternatives, a
union funded -
organization, has described
California's PHP's as " a new and rapidly
growing form of profiteering medical care
organization designed to exploit our mem-
bers, the poor, and anybody else who be-
comes a member. "
Killing the Golden Goose
With each federal or state cutback in
Medicaid, patients return to the county
hospitals. Reduction of services, tightened
eligibility, prior authorization, co payment -
,
premiums, and PHP's that don't provide
care all contribute to the public hospital
patient loads and to rising health expenses
for local governments.
Medicaid is a case study of the failure
of financial insurance alone to guarantee
adequate health care. Possession of a Med-
icaid card does not mean a person can find
a doctor. Even if every physician agreed to
treat Medicaid patients, the maldistribu-
tion of doctors geographically and among
specialties would leave large numbers of
people with no primary physician, as is al-
ready the case. Those lucky enough to
secure an appointment would, like every-
one else, still have to wait weeks for it.
Moreover, paying for health services does
not assure that services will be available
in emergencies, or on weekends. Medicaid
highlights, but is not able to correct, the
inadequacies of our health care system.
Medicaid also shows how the private
sector responds to public money. A New
York grand jury concluded that Medicaid
there had wasted one billion dollars in
nursing home bills for dead patients, phar-
macy claims for existent non -
prescriptions,
and kickbacks among providers. In Cali-
fornia, testimony before a legislative com-
mittee recounted stories of physicians col-
lecting $ 50 for each referral to home health
service agencies. Hospitals too are serious
offenders. Medicaid includes a provision
just for them, requiring states to pay what-
ever they bill. Hospitals have been the
largest consumers of Medicaid money, tak-
ing 40 percent of its budget for inpatient
care (11).
But the private providers went too far.
By exploiting the Medicaid program be-
yond its toleration level, they have not only
dried up their own Medicaid income but
have soured even some traditional friends
in government circles on the private prac-
tice of medicine. Earl Brian is waging war
on cost reimbursement -
for hospitals and
fee service - for -
payment for doctors.
Through prior authorization, limitations on
physician visits, and fee cuts, Brian hopes
to ease private doctors out of Medicaid and
channel patients into county hospitals and
PHP's. And if county hospitals disappear,
private corporate PHP's will be the chief
source of health care for the poor. As this
strategy develops, Ronald Reagan and
Earl Brian grow more and more unpopular
with the California Medical Association.
So in California, private physicians and
conservative politicians traditional - allies
-are now at each other's throats. Fiscal
conservatives are interested in limiting
funding for social programs. Hospitals and
fee service - for -
physicians, by overcharg-
ing and over hospitalizing -
, make these pro-
grams far too expensive. Corporate PHP's
are eager to establish themselves in the
health care field and will provide care at
less cost to the government than will phy-
sicians and private hospitals. Thus a new
alliance emerges between fiscal conserva-
tives and profit oriented -
PHP's, with Cali-
fornia a critical testing ground.
Though Earl Brian may rate low on a
physicians'popularity poll, he has won
high favor in Washington. Rumors abound
that he was seriously considered for Under
Secretary of Health in HEW, and that he
was actually offered the second biggest
health job running the Health Services and
Mental Health Administration (HSMHA).
HSMHA oversees Indian and migrant
health services, Comprehensive Health
Planning, Regional Medical Program, and
neighborhood health centers, among other
projects. Heading HSMHA, Brian would
likely have been a practicing cousin to Of-
fice of Economic Opportunity executioner
Howard Phillips. He reportedly turned
down the job, preferring to build a political
base in California where he is now Director
of Health and Welfare, and controls two-
thirds of the entire state budget. But sev-
eral other Reagan administration stars
have accepted health and welfare posts in
Washington, with Caspar Weinberger,
chief of HEW, heading the bill.
For people who look to profit making -
as
a spur to competition, efficiency, and im-
provement of service, Medicaid is quite a
setback. The private sector has improved
the state of its pocketbook, but not much
else. When making money is the primary
goal - as it is even for most " profit non -"
entities - good health care is at best a sec-
ondary concern.
- Elinor Blake
References
1. Cook County Hospital, Report of the Illinois Legislative
Investigating Commission, November, 1972.
2. Kisch, A. and Gartside, F., " Use of a County Hospital
Outpatient Department by Medi - Cal Recipients, " Med-
ical Care, November December -
, 1968.
3. Ellwood, P. and Hoagburg, E., " Problems of the Public
Hospital, " Hospitals, July 1, 1970.
4. Medical Care Review, December, 1968.
5. 5. Newman, H., " Medicare and Medicaid, " Annals of the
American Academy of Political and Social Science,
January, 1972.
6. Gartside, F., " The Medi - Cal Cutbacks of 1967 Revis-
ited. " Medical Care, January February -
, 1971.
7.8 .7 .B uNetwlmearn,, PH..,, O"p .D ciivte.r
ting the Mainstream: Reducing the
Utilization of Services under the Medi - Cal Program, "
(unpublished). Written as a guide for lawyers, this
comprehensive review of the Medi - Cal cutbacks and
relevant state and federal law is available from the
National Health and Environmental Law Program,
2477 Law Building, 405 Hilgard Avenue, Los Angeles,
California 90024.
9. Scitovsky, A. and Snyder, N., " Effect of Coinsurance
on Use of Physician Services, " Social Security Bulletin,
June, 1972.
10. National Health and Environmental Law Program,
Memorandum, January, 1973. (Describes briefly
changes in Medicaid under the Social Security Amend-
ments of 1972 (HR 1). For copies, see # 8, above.)
11. Numbers of Recipients and Amounts of Payments un-
der Medicaid, 1970, National Center for Social Statis-
tics, HEW, October 16, 1972.
19
A CORPORATION FOR
SAN FRANCISCO GENERAL?
Over the past three years, San Francisco
General Hospital (SFGH) has been the
focal point for grievances of San Francis-
co's poor and minority communities and
of groups of workers inside the hospital.
Sometimes separately, sometimes together,
consumers and hospital workers have
pushed for more power, more staff, a more
personal relationship between doctors and
patients, and a more responsive governing
structure at the hospital. The problems re-
main. But the pressure created by consum-
ers and workers has brought the already-
severe strains of an underfinanced public
hospital to the breaking point. Most seg-
ments of San Francisco's health leader-
ship now agree that the hospital needs
fundamental restructuring.
In March, 1973, the Coordinating Coun-
cil, a liberal, government - appointed com-
mittee studying the hospital, made a pro-
posal: SFGH should be removed from city
government and run by a quasi public -
,
profit non -
corporation similar to the New
York Health and Hospitals Corporation.
But community members and employees
are skeptical. They wonder if the corpo-
ration will really mean improved patient
care and working conditions. Or will San
Francisco, following the example of other
county governments in California, use the
occasion to wash its hands of the expen-
sive and troublesome hospital?
SFGH is the major inpatient and out-
patient facility for San Francisco's poor
and minority population. The hospital is
operated by the City and County of San
Francisco, with day day - to - administration
in the hands of the Department of Public
Health. Final control rests, however, with
the city's legislative body, the Board of
Supervisors. The hospital's budgetary and
spending processes must pass through
numerous steps so that months elapse be-
fore new equipment can be bought or per-
20
sonnel hired. Non physician -
employees
obtain their jobs through a complex civil
service system, and many workers have
temporary positions with no job security or
benefits.
Through a contract with the city, the
medical school of the University of Cali-
fornia at San Francisco (UC) supplies doc-
tors to work at the hospital and largely
determines what kind of medical services
are delivered. UC picked -
and city paid -
in-
terns and residents provide the bulk of the
patient care. Since they rotate from one
part of the hospital to another every month
or two, most patients have no assurance
of seeing the same doctor twice. Residents
actually rotate through two other UC con- -
trolled hospitals so that most of them work
at SFGH only four months at a time.
Origins of the Coordinating Council
In March, 1970, a major strike and
widely publicized -
interns'protest high-
lighted SFGH's problems (See Health /
PAC BULLETIN, July August -
, 1970). With
community interest in the hospital at a
peak, the idea of changing the hospital's
governance took shape. The Bayview
Hunters Point Community Health Services
pressed the Board of Supervisors to set up
a committee that would study the hospital.
On June 8, 1970, the Supervisors resolved
that " the governance of San Francisco
General Hospital include a strong compo-
nent of participation by the community
which is served by the Hospital, " and cre-
ated a committee " to develop and recom-
mend to the Board of Supervisors a work-
able plan for transformation of the San
Francisco General Hospital into a Com-
munity Hospital. " The resolution called for
an unusually democratic process: people
at a series of open meetings would choose
a Coordinating Council to write the plan.
The fiery meetings of Summer, 1970.
were heavily attended by leaders of such
community organizations as Centro de Sa-
lud (a free clinic), Bayview Hunters Point
Community Health Services, Western Ad-
dition Community Organization, a black
caucus of the public bus drivers, and Wel-
fare Rights Organization, in addition to the
UC medical school dean, the San Fran-
cisco Medical Society president and
SFGH's administrator. The consumers felt
that control of the Coordinating Council
could mean eventual control of the hospi-
tal, and a fierce fight erupted over the com-
position and manner of selection of the
Coordinating Council. The community won
a partial victory, gaining 12 slots for con-
-three sumers-
black, three brown, three
Asian and three white - out of 19. The other
seven included UC, the Medical Society,
the Comprehensive Health Planning Coun-
cil, an " expert in ghetto medicine " (pre-
sumably a minority physician), a hospital
representative and two at large -
members
(business and labor).
The community, however, lost the right
to select the 12 consumers. Instead they
would be appointed by the Board of Super-
visors. With the issue in the Supervisors '
hands, community interest in the Coordi-
nating Council disappeared. The Super-
visors took months to choose the Council
members, and it did not begin serious work
until the spring of 1972. In the meantime,
events were taking place inside the hospi-
tal that would bear heavily on the Coun-
cil's work.
The Joint Commission
In March, 1971, interns, other hospital
workers and consumer groups joined to-
gether to present the realities of SFGH to
the Joint Commission on Accreditation of
Hospitals (JCAH). In a jam packed -
audi-
torium, including TV cameramen, kitchen
workers, medical school professors and
elderly Chinese patients, members of the
JCAH heard a recitation of the hospital's
ills complete with slide show and individ-
ual patient case histories. Participants in
the hearing asked the JCAH to disaccredit
the hospital, thereby forcing the city and
UC to make improvements. In August, the
JCAH placed the hospital on one year pro-
bationary accreditation (see Health / PAC
BULLETIN, February, 1972).
Soon thereafter, a small group of social
workers, ward clerks and doctors began to
meet at noon on Thursdays to discuss how
they could improve the hospital. The JCAH
report required an expanded emergency
room as one condition for re accreditation -
.
Using this requirement as a lever, the
" Thursday Noon Committee " and emer-
gency room workers put together a de-
tailed plan for a drop - in clinic next to the
emergency room with a proper triage sys-
tem and increased personnel to shorten
long waits. The emergency room plan was
eventually implemented in full, due no
doubt to the threat of disaccreditation.
In January, 1972, an external threat to
the hospital compelled the Thursday Noon
Committee to re evaluate -
its assumptions.
San Francisco Supervisor Quentin Kopp,
apparently responding to pressure from
the city's private hospitals, many of which
operate under 60 percent occupancy, in-
troduced a resolution to stop the construc-
tion of a new facility for SFGH. The resolu-
tion was tantamount to closing the hospital
altogether and contracting for the care of
low income -
people to private hospitals.
After only slight pressure from Thursday
Noon Committee and Public Health Direc-
tor Dr. Francis Curry, Kopp realized that
three fourths -
of the money for the new hos-
pital had already been spent or obligated
and withdrew his resolution. But the event
was instructive; sometimes it is necessary
to defend one's hospital, not attack it.
When private interests are pushing for a
county hospital to close, bad publicity can
provide ammunition.
The JCAH Returns
On June 27, 1972, the SFGH auditorium
was again packed to overflowing to wel-
come the return visit of the JCAH and its
Director, Dr. John Porterfield. This time a
coalition of Thursday Noon Committee, a
group of nurses and community groups
had decided against demanding disac-
creditation which could mean closure of
SFGH. The coalition instead pushed for
another one year - probation and agreed
not to create any front page -
scandals about
the hospital. Each hospital worker testify-
ing quoted from the JCAH published stand-
ards and gave non rhetorical -
evidence of
violation of those standards in his or her
department - nursing, pharmacy, X ray -,
out patient -
clinics, emergency room and
social services.
Dr. Porterfield must have faced a real
dilemma as he flew back to Chicago to
decide on SFGH's status. On the one hand,
he had informally indicated to Dr. Curry
that full accreditation would be granted.
On the other hand, ample evidence of vio-
lations in standards had been presented.
Adding to his woes, a federal judge in
21
Washington was hearing a lawsuit filed
through California Rural Legal Assistance
by three San Francisco consumer groups
alleging that the JCAH, a private body,
was not strict enough in its accreditation
process. And Senator Kennedy, head of the
Senate Health Subcommittee, had been im-
pressed by recent testimony given by Dr.
Kenneth Barnes of SFGH and by lawyer
Fred Hiestand on the failure of the JCAH
to use its full power to improve SFGH.
In September, 1972, the decision came:
another one year -
probation. This time the
probation report, though mildly worded,
required some basic changes in hospital
management (see box, Page 23). And in a
cover letter to SFGH administrator Charles
Monedero, Dr. Porterfield warned, " Plans
will be made to conduct another survey of
your hospital in a year's time... it must
achieve accreditation for two years on the
third survey or be reduced to non accredi- -
tation. " No more probationary periods are
allowed. Disaccreditation means loss of
millions in Medicare and Medi - Cal money
and the probable withdrawal of UC's medi-
cal staffing.
The hospital administration was very
upset by its failure to win full accredita-
tion. Administrator Monedero blames
Thursday Noon Committee for the hospi-
tal's probationary status. While agreeing
that Thursday Noon is " very interested in
improving the hospital, " he said " it's their
approach that's different. I feel it's best to
work in the system. Their approach is to
create a crisis... I don't feel the need to
call them into consultation all the time. We
run the hospital. They don't. "
The Council Gets to Work
In the meantime the Coordinating Council
had been working several months to trans-
form the governance of SFGH. The con-
sumer members of the Council are more
" established " than many of those active
in the 1970 meetings, but more " grass-
roots " than typical hospital study commit-
tees. Among the consumers are a lawyer
active in mental health politics, a commu-
nity woman who helped create a neighbor-
hood clinic, the director of a million - dollar
OEO health project, and a representative
from NAACP. But most Council members
were unfamiliar with the hospital, so that
important decisions were made by the full-
time staff and a small number of the best
educated, most persuasive people.
Shortly after the JCAH probation report
the Coordinating Council began to move
more rapidly. It offered alternative gov-
22
erning structures for the hospital - a dis-
trict hospital, UC control, a non profit -
cor-
poration, a hospital commission, or the
streamlining of city management. The dis-
trict hospital concept exemplified -
by the
county hospitals of Houston and Dallas
and some suburban and rural hospitals
(county non -
related) in California - al-
lows for an elected hospital board autono-
mous from the city and with the power to
levy property taxes. Several Council mem-
bers favored this concept, but dismissed it
as politically unfeasible because the prop-
erty tax is so unpopular. With little discus-
sion, the Council made a quick final deci-
sion: remove SFGH from the city bureau-
cracy and operate it as a non profit -
corpo-
ration.
The Corporation
The corporation would produce impor-
tant changes in management: no longer
would the hospital's budget require ap-
proval item by item by numerous city offi-
cials; hiring, firing and promotions would
be done by a hospital - based civil service
system; procurement of supplies theoreti-
cally would be freed of delays and red
tape; and Medicare and Medi - Cal money
would be reimbursed directly to the corpo-
ration rather than its present payment into
the city's general treasury.
The corporation would contract with UC
for physician services as the hospital does
now. Though community physicians would
be allowed to join the staff and to admit
private patients, UC would retain virtual
control over patient care.
The corporation's board would be ap-
pointed by the Board of Supervisors and
would as consumers had anticipated in
the 1970 meetings - reflect the composition
of the Coordinating Council itself: signifi-
cant representation of community mem-
bers but no stipulation that they be SFGH
users. The corporation would be financed
by Medicare and Medi - Cal and other bill-
ing plus a yearly lump - sum appropriation
from the city. The concept is modeled di-
rectly on the disastrous New York City
Health and Hospitals Corporation (see
Page 9).
Perceptions of the Corporation
In early February the Coordinating Coun-
cil distributed 300 copies of its preliminary
corporation proposal. Reaction was imme-
diate. Many community health organiza-
tions debated the proposal at their meet-
ings. The Coordinating Council set up
three mass meetings for hospital workers
On Probation
OE Governance: " The distribution of
administrative authority among loca-
tions remote from the hospital... works
only to dilute the uses of the resources
... The actual utilization of resources,
physical, fiscal and personnel, should
be vested in the immediate position of
the chief executive officer [of the hos-
pital] with suitable accountability. "
OE Budget rigidity and freezes on
spending: " The budget should be de-
veloped and implemented so that it is
related to hospital patient needs and
departmental objectives rather than
to non hospital -
purposes. The funds
made available to the hospital should
coincide with the approved budget. "
OE Working conditions of tempo-
rary employees and the crippling job
freezes: " The practice of hiring em-
ployees on temporary limited tenure
and instituting job freezes as vehicles
to control expenses has serious draw-
backs and is detrimental to employee
morale and hospital operations. A
procedure should be established
whereby limited tenure employees
may be transferred to permanent
status without loss of job security. "
OE Lack of continuity of care by UC
residents: " The needs of community
service cannot be completely neglect-
ed for excessive concern for the other
elements [teaching and clinical re-
search]... The medical staff should
seriously consider the disadvantage
to effective patient care of the practice
of four month -
rotation of residents. "
Joint Commission on the
Accreditation of Hospitals Report
on SFGH, September, 1972
to discuss the plan. And on a few occasions
community members and hospital workers
got together to consider the corporation.
On February 21, twenty - five members
from Thursday Noon Committee, Mission
Coalition, Asian Community Health Clinic,
Centro de Cambio (a drug program), Po-
trero Hill Health Committee and Medical
Committee for Human Rights met together.
Concern about the corporation focused on
two major areas: financing and control.
The corporation would depend on the
Board of Supervisors to appropriate one-
third of the hospital's budget in a yearly
lump sum. People at the meeting strongly
attacked this mechanism. Whatever the
positive motives of the Coordinating Coun-
cil in proposing the corporation, it was
feared that the Board of Supervisors would
use it to get the hospital off its back. And
if the corporation became desperate to bal-
ance its budget, it would be forced to lay
off workers, cut services and tighten the
billing of patients. The February 21 meet-
ing, therefore, proposed that " The city must
continue to subsidize the full amount of
any deficit... If any initial " lump sum " is
not adequate, the city must be legally re-
quired to supply the rest rather -
than the
hospital having to cut back on services,
refuse admissions to sick persons, or bill
poor persons. "
The Coordinating Council's proposal for
an appointed governing board also came
in for hot criticism at the February 21 meet-
ing. A counter proposal -
stipulated that:
@ " There must be a substantial number
of community persons on any Board of
Governors with these specific require-
ments: (a) They must be actual users of
the hospital; (b) They must be elected;
(c) Any elections must have stringent
campaign - spending requirements... to al-
low poor persons to run on an equal footing
with other candidates..
@ There must be a significant number of
non supervisory -
hospital employees on the
Board selected by hospital - wide elections.
OE All Board meetings must be open and
public, with adequate opportunity for com-
munity and worker input and testimony. "
People at the meeting favored elections
over appointment of the hospital corpora-
tion board, but realized the imperfection
of elections in communities with relatively
little awareness of health care as a politi-
cal issue.
What Now?
The Board of Supervisors will soon hold
a public hearing on the proposed corpora-
tion. The plan's fate will depend on the
line - up of forces. The administrator of Unity
Hospital (occupancy 40 percent), who
claims to speak for other private hospitals,
favors the shrinkage of SFGH and contract-
ing out of care to empty private beds. Di-
rector of Public Health Curry appears to
favor the status quo since the corporation
would remove the hospital from his depart-
23
ment and leave him with little power. The
University will probably back the corpo-
ration since it could streamline the hospi-
tal's management without threatening the
medical school's power over patient serv-
ices. Big business and big labor will sup-
port it as a move toward efficiency and
economy. Mayor Alioto and members of
the Board of Supervisors have not ex-
pressed their feelings.
Consumers and hospital workers wor-
ried about the corporation find themselves
in a difficult position. The February 21 pro-
posals were rejected by the Coordinating
Council and some such as adequate fi-
nancing are impossible to guarantee. Yet
a simple anti corporation -
position will
serve to support the status quo. Some peo-
ple feel that the needed reforms in budget-
ary and personnel practices could be
achieved by retaining the hospital within
city government but amending the City
Charter to decentralize management func-
tions to the hospital, and, re working -
the
contract with UC to reduce the medical
school's enormous power at the hospital.
Thursday Noon Committee and other
workers are discussing another alterna-
tive: a district hospital with funds raised
through progressive taxes rather than re-
gressive property taxes and with an elected
board dominated by hospital users and
workers.
New Stirrings
But the dilemma facing community and
hospital worker groups goes far deeper
than what to propose at a Board of Super-
visors hearing. The corporation may be a
diversion from the hospital's central issue:
improving patient care. The patient care
issue requires a serious questioning of
UC's role. Though the technical quality of
doctors may be high, that quality often
does not reach the patient because of
rushed conditions, resident rotations and
overemphasis on specialization teaching
and research. Until the 1972 testimony on
resident rotations, the city - not UC took -
almost all the blame for the hospital's
problems. Energy expended on the corpo-
ration issue might eventually bring changes
in patient care. But a hospital corporation
board, sandwiched between the Board of
Supervisors'money and the University's
doctors, could end up with little power.
Pressure on UC, not the corporation, could
be a more direct line to the desired im-
provements.
The use of probationary accreditation as
a lever to force changes seems no longer
viable. In 1973 the hospital will be accred-
ited fully or not at all. As Thursday Noon
Committee member Carole Dicker says,
" We don't want the hospital to get disac-
credited. We're not interested in closing the
place. " But even the previous accreditation
successes may have had the questionable
effect of paving the way for the corpora-
tion. The corporation does answer many of
the JCAH's objections to the hospital's
management. Before the Board of Super-
visors, corporation supporters can use the
argument, " if you don't corporatize the hos-
pital you will disaccredit it. "
Alternative options for consumers and
hospital workers will depend upon over-
coming previous shortcomings of SFGH
organizing. The Thursday Noon Committee
failed to actively involve large numbers
of hospital workers, and the issues of hos-
pital governance and financing are not
generally raised in the largest hospital
worker organizations, the unions. Greater
involvement of all hospital workers in hos-
pital policy requires discussion of hospital
issues where the workers are: on each
ward and in each clinic. Meetings now take
place in three SFGH clinics and one ward.
Ending doctor dominance must be an im-
portant part of these meetings: otherwise
they become little more than briefing ses-
sions from the head doctors to their sub-
ordinates.
Greater involvement of consumers must
also take place where the true consumers
are: in the hospital itself. At least one
SFGH clinic and one ward hope to add pa-
tients to their worker meetings. Such meet-
ings can break down the blame that pa-
tients may naturally place on workers for
ills really caused by understaffing. For
example, an appointment clerk serving a
long, slow line of patients is the natural
object of anger of the patients, and the
clerk most easily vents his or her frustra-
tion on the people in the line. Discussions
between patients and workers could illu-
minate how the system is set up to pit one
against the other and what to do about it.
The JCAH hearings and the joint meet-
ings about the corporation are a beginning
of patient worker -
cooperation at SFGH.
The clinic and ward meetings are a contin-
uation. Significant improvement in patient
care and working conidtions will come not
from a corporation or any other top down -
management reform; it requires thorough-
going changes in relationships among hos-
pital workers and between workers and
patients at every level of the hospital.
-Thomas Bodenheimer
24