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America's Healthcare Crises:
U.S. Healthcare Public Policy,
Proliferation of Industry Enrichment,
and Casualties of Greed*
HCI@healthcare-consulting.com
http://www.healthcare-consulting.com/USHealthcarePublicPolicyAnalysis.html
The government, which was designed for the people, has got into the
hands of the bosses and their employers, the special interests. An
invisible empire has been set up above the forms of democracy.---
President Woodrow Wilson
It is time for us to be patriotic about something other than war.---
Former Senator John Edwards, 1/31/07
... too many times, after the election is over, and the confetti is
swept away, all those promises fade from memory, and the lobbyists and
the special interests move in, and people turn away, disappointed as
before, left to struggle on their own. --- Senator Barack Obama, 2/10/07
President George W. Bush's 2007 State of Disunion Speech proposed
non-solutions to America's healthcare access, cost, and quality crises.
At best, they are delusional. At worst, the 2007 State of Disunion
perpetuates deceptions and misrepresentations of the root causes of our
most adversely consequential domestic challenge --- structuring a
cost-effective, high quality healthcare system accessible to all
Americans. Either way, our national disgrace --- the prioritization of
insurance and other corporate interests over the public interest, lack
of access to affordable healthcare for all, and failure to develop an
infrastructure to ensure consistently high quality care for all
Americans --- remain unresolved by impotent activities long after the
President's speech. President Bush's State of the Union 2007 is
primarily happy talk, spin, and ... tax breaks. Tax breaks are
meaningless to people who cannot afford to pay for expensive monthlly
premimums, high deductibles, and co-pays. .
President Bush's plan to help Americans make more informed decisions is
long on rhetoric and short on details. Somewhere between being toothless
to enforce quality and patient safety standards and secure unmassaged
data from healthcare providers, it is destined to fail to enhance
healthcare access and reduce or control healthcare costs. His executive
order begs the question, What has the JCAHO been doing for the last
several decades?
Healthcare policy in the United States has been significantly
subordinated to the financial interests of major healthcare industry
organizations, their executives, and within for-profit environments,
their shareholders. Healthcare policy-makers have failed to create an
accountable, organized, cost-effective, consistently safe, and efficient
delivery system for the benefit and well-being of all Americans. The
current non-system is rooted in healthcare policy, which is designed to
ensure the most profitable opportunities for executives and
shareholders. The nation enables its leadership to rationalize and
misrepresent the crises of healthcare costs, safety, and quality, which
adversely impact the nation. President Bush and the current
administration respond to these crises with absurd proposals, which
further enrich healthcare industry insurance and investment interests.
The most comprehensive and effective reform would be for the public to
demand public finance of Congressional and Presidential elections
(through tax revenues) and the termination of political campaign funding
by special interests, which are indistinguishable in principle from
payoffs in exchange for political favors. Current campaign funding
practices invariably result in systemic corruption in our electoral
processes, have established co-dependencies among office-holders and
special interest lobbyists. They favor corporate financial interests
over the public interest including universal healthcare access, ensuring
consistently high quality care, and controlling costs.
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President George W. Bush, Presidential Debate #3, October 13, 2004:
"Health care costs are on the rise because the consumers are not
involved in the decision-making process ... And there's no market forces
involved with health care . That's why I'm such a strong believer in
medical liability reform ... Thirdly, one of the reasons why there's
still high cost in medicine is because ... -- they don't use any
information technology ... People tell me that when the health-care
field is fully integrated with information technology, it'll wring some
20 percent of the cost out of the system .... And finally, moving
generic drugs to the market quicker. And so, those are four ways to help
control the costs in health care." The President is wrong on all points.
CBS Marketwatch October 15, 2004: "U.S. health insurers have raked in
earnings at a far greater pace than the rest of corporate America, with
annual profits and margins doubling in the last four years ... insurers
spent less on medical costs but ate up more of America's health-care
dollars in profits and claims processing ... Profits for the 17 top U.S.
health insurers rose 114 percent to $414 million from $193 million on
average in 2000, according to research by CBS MarketWatch. Profit
margins doubled to 5 percent -- the highest level in at least a decade
for the industry's top 10 insurers -- and revenue climbed 21 percent to
$9.3 billion on average ... average pay for the five top executives at
16 of the health insurers almost doubled to $3 million a year from $1.6
million, based on data from insurers' annual reports and proxy
statements ... The insurers' improved fortunes came as more Americans
were pushed onto the rolls of the uninsured, and a growing number of
small businesses dropped coverage due to high costs ... There's no sign
the profit growth will cool."
Medicare & Medicaid Fraud: "In FY 2003, the Office of Inspector General,
Department of Health and Human Services, saved taxpayers a record $23
billion, excluded 3,275 people and companies from Medicare/Medicaid
reimbursement, secured 576 criminal convictions and 243 civil actions."
Since 1999, the drug industry has given more than 45 million dollars in
political contributions, and it spent hundreds of millions more on an
army of more than 600 lobbyists to pursue and protect its financial
interests. The investment has achieved an extraordinary level of
success. Pharmaceutical companies are consistently the most profitable
corporations in the United States.
Less evident to healthcare consumers and purchasers are
behind-the-scenes systemic corruption and anti-competitive practices,
which also drive healthcare costs. Even group hospital purchasing has
been a study in how common business practices and 'market forces'
detrimentally affect the health, safety, and cost to healthcare
consumers. Much of America's healthcare crises are self-induced by
default. We are complacent in the face of electoral finance practices.
We often accept lies and deceptions as facts and truths.
Greed is the cancer that fuels our healthcare crises and prevents
America from having a rational universal healthcare system. Every time
we open new opportunities for healthcare organizations and businesses,
the cancer metastasizes and additional financial resources are
exploited. We must stop this opportunism, the government complicity
which fuels it, the deceptions which accompany it, and make sure
that resources go for the care of people, not for the further enrichment
of healthcare industry shareholders, executives, and the proliferation
of unnecessary facilities and services.
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The Healthcare Cost Crisis:
Public Policy & Co-Opting Healthcare Purchasers
Healthcare policy should address at least two significant problems:
access to primary and specialty care services, which is contingent
upon affordable costs, and improving healthcare quality and
patient safety.
Healthcare costs is a term that is bandied about as if it is universally
understood. In addition to the conventional understanding of billings
generated by healthcare providers for services and medications,
healthcare costs include many other less apparent expenditures. These
include, but are not limited to:
· administrative costs, compensation, marketing expenses, and profits of
thousands of healthcare providers, insurance companies, managed care
organizations, brokers, equipment and product manufacturers, information
systems vendors, and other suppliers;
· money or gifts given to doctors to induce them to prescribe new
pharmaceuticals, purchase new surgical equipment, lease new diagnostic
equipment, etc.;
· commissions paid by managed care and cost control mechanisms to
brokers for procuring business for them from large public or private
sector employers;
· fees paid to consultants, public relations firms, advertising firms,
and other service professionals by thousands of healthcare
organizations;
· defense attorneys' fees, penalties, and fines for billing and other
forms of healthcare fraud;
· expenses to sponsor exhibits, distribute gifts at trade shows, host
lavish dinners and hospitality suites, ensure high visibility, maintain
organizational memberships, and fund golf outings at hundreds of
healthcare industry conventions and trade shows annually;
· money paid to lobbyists, to pay for junkets for legislators and their
staff, and to invest in political campaigns to ensure that the financial
interests of healthcare industry organizations are promoted and
preserved;
· hundreds of other expense elements in a market-driven healthcare
environment, most of which would not be necessary or prudent in a single
payer universal healthcare system.
There are layers upon layers upon layers of beneficiaries of healthcare
costs, which have nothing to do with cancer treatments, surgeries,
medications, home health care, and thousands of other patient care
products and services.
Any discussion of the healthcare marketplace should include an
understanding of the term co-opt, which means to convert, neutralize, or
win over decision-makers who would naturally be opposed to one's
position. Politics makes strange bedfellows, but pales before the
peculiar relationships among healthcare purchasers and providers.
Healthcare providers, managed care organizations, broker/consultants,
and innumerable vendors routinely co-opt healthcare purchasers,
politicians, and government bureaucrats. They use a broad spectrum of
public relations perks, invitations to conferences and forums, paid
trips, professional sports' event tickets, campaign donations, and
inclusion in innumerable 'net-working' opportunities.
How can the nation's largest employers and healthcare purchasers be so
naive? They are no different than many Americans, who rely upon the news
media to keep them informed and consultants to help them to determine
the truth about many significant issues important to their
organizations. Many healthcare benefits 'consultants' have conflicts of
interest and the media operates within a culture of distortion and
secrecy. Secondly, they suffer, often unknowingly, from an information
deficit, which is cultivated by special interests. Special interests are
at once dynamic and subtle, manipulative and sincere, spontaneous and
choreographed. Healthcare purchasers experience capture so subtle that
they frequently fail to penetrate the trees for the forest. Their vision
is often obscured by benefits vendors, consultants, accountants,
insurance brokers, politicians, and others with common vested interests
in sustaining the status quo --- albeit with new accessories and
cosmetics to sustain the pretense of change and the illusion of cost
savings.
At co-opting events, sponsors easily use their knowledge advantage to
intimidate, exact deference, and thus, set the agenda and influence
healthcare purchasing decisions. For example, the 'consumer-directed'
healthcare conferences and expos staged in the last several years are
essentially opportunities for healthcare providers, managed care
organizations, pharmaceutical companies, brokers and others to market to
employers the latest panaceas for controlling healthcare costs. Notable
for their absence at these 'consumer-directed' net-working opportunities
are organizations representing the interests of consumers.
Legislation drives public policy. Senators and Representatives must
choose to vote for or against a legislative bill or not vote at all.
Counter-productive amendments or provisions are rarely purged from the
final legislation.
Public support for a universal healthcare system has never been more
evident. Twice as many American are more concerned about healthcare
costs than being victims of terrorist attacks or losing their jobs.
The Bush-Cheney Healthcare Plan and Track Record
The association health plan (AHP), which is a cornerstone of President
Bush's healthcare plan, as a means of controlling healthcare costs for
small businesses, is absurd. In June 2004, General Motors CEO G. Richard
Wagoner called upon Presidential candidates and the federal government
for help in the post-election period in controlling healthcare costs.
"It is well beyond time for all of us to put partisan politics behind us
and get together to address this health care crisis," Chairman and Chief
Executive Officer G. Richard Wagoner told the Detroit Regional Chamber's
annual conference on the state's economic future.
On July 19, 2004, Vice Chair of Ford Motor Company Allan Gilmour called
for a broad coalition to permanently develop a solution for the nation's
healthcare crises at the National Governors' Association Conference in
Seattle. Ford spent $3.2 billion for its 560,000 employees, retirees,
and their dependents. The costs of healthcare has added $1000 to every
vehicle produced by Ford, up from $700 three years ago. Big 3 American
automakers spent $9.9 Billion on healthcare in 2003.
On August 12, 2004 in Las Vegas, the President told the United
Brotherhood of Carpenters and Laborers of America: "Most small
businesses have trouble affording health insurance. Large businesses are
fine. It's the small business sector that is having trouble providing
health insurance for our fellow citizens ... I think small businesses
ought to be allowed to ... get the same discounts for health insurance
that big companies get." President Bush tells voters that large
businesses are doing fine; they are doing so well in controlling
healthcare premium costs that small businesses should organize AHP's and
derive the same group purchasing benefits.
"For many years, U.S. employers were quite confident that they could
take this on themselves and didn't want the government involved," said
Larry Levitt, vice president of the Kaiser Family Foundation, an
independent, nonprofit foundation focusing on the major health care
issues facing the nation. "They felt that market forces and negotiating
leverage would address the issue," he said. "But when you have enormous
companies like GM and Ford saying they're powerless, it tells you
something. If GM tells you they can't do anything, how is the corner
grocery store supposed to cope?"
America's largest employers are unable to control healthcare costs.
Recently, GM announced a layoff of 30,000 employees and closing of 9
manufacturing plants, partially attributable to GM's failure to
seriously address high healthcare costs and partially attributable to
GM's failure to compete successfully with Toyota and other
manufacturers. Tens of thousands have been paid to retire early. Clearly
hundreds, perhaps thousands of small businesses banding together to
purchase health insurance will have no greater success in controlling
costs. Since group insurance has failed major employers in controlling
costs, many of them have applied a more effective solution. They
have moved jobs to Canada and other nations with universal healthcare
systems. All citizens are covered in national healthcare systems.
Many American politicians have touted the U.S. as having the best
healthcare system in the world. Only some Americans receive the best
healthcare in the world. Wealthy Saudis and other wealthy foreign
nationals can afford America's best healthcare at America's best medical
facilities. Many other nations in the world have surpassed us in several
healthcare quality indicators. Millions of Americans receive no
healthcare or not enough until it is too late; by then, their illnesses
are very expensive to treat often with poor prospects for optimum
medical outcomes.
President Bush's proposed health savings accounts (HSAs) are impractical
and dangerous. With higher deductibles, higher co-pays, more cash needed
to pay for medications, and more money deducted from workers' paychecks
for their premium share and their HSAs, the cash flow drain on people
living paycheck to paycheck is untenable. Most people simply won't use
HSAs because they cannot afford them. Nevertheless, President Bush
proclaims that "We are doing fine ... strong and gaining steam."
On December 8, 2006, a study conducted by The Commonwealth Fund
confirmed that 'consumer-driven' health plans lead to higher consumer
debt, less timely care, and inadequate information. For individuals or
small businesses, HSAs are the ideal inducement for the cottage industry
of unauthorized and fraudulent health insurance agents. HSAs tied to
small group insurance policies with high deductibles and co-pays will
have the effect of encouraging small employers to save even more money
by hiring younger employees, who are less expensive to insure. They may
destabilize the small group market. HSAs will encourage age
discrimination employment practices. The health insurance industry now
has a government-endorsed product line for which it is grateful to
President Bush.
Health savings accounts will not help most middle class families. HSAs
are mostly staying empty. On August 13, 2004 in Portland, OR, President
Bush enthusiastically encouraged small business owners to offer them to
their employees. He frequently encourages consumers to take "ownership"
in their healthcare coverage. "Consumer-driven" advocates, mostly
insurance agents, insurance companies, and investment firms, are happy
with President Bush (insurance firms had donated $3,203,672 to his
campaign). HSAs may inadvertently succeed in directing some consumers
right into early graves, impoverishment, or both. Even the President's
home state hospitals are finding that the 'consumer-driven' have
increased their indebtedness to them.
HCI is concerned that HSAs could go the way of some pension and
retirement funds --- their owners could become victims of poor
investments and untrustworthy opportunists. To date, at least one of the
investment firms offering HSAs in conjunction with insurance carriers
has been fined in the past by the SEC for various unscrupulous business
practices. The 'consumer-driven' aka consumers are finding that higher
deductibles are driving them away from healthcare coverage. The
President didn't mention these hazards in his speeches to voters last
year.
The President's tax credits may work for businesses and individuals
that can afford to cash flow monthly healthcare premiums. Here again,
most self-employed people and small businesses can't
afford prohibitively expensive monthly healthcare premiums atop high
deductibles and increased co payments.
President Bush has touted federally funded community health centers (CHCs)
for providing services to the uninsured in rural and inner city areas of
the nation. He promises to add more. They have been inadequately sized
and staffed for the number of patients seeking care. Nevertheless, CHCs
have filled an extremely important role in providing primary healthcare
services to the medically indigent. CHCs and hospital emergency rooms
share the safety net for uninsured patients. However, CHCs have been
unable to keep pace with the number and complexity of uninsured patients
needing care in recent years. According to Modern Healthcare, August 9,
2004, "fewer than one in 10 applications for new community health
centers have been approved so far in 2004 despite a larger stream of
federal funding for such facilities ... And for approved providers,
federal funding has been slow to arrive ... even though in recent
federal budgets, Congress and the president committed an additional $2.2
billion to community health centers through 2006 ... states have reduced
direct funding to community health centers by millions of dollars over
the past two years in light of budget pressures, and more state funding
cuts are likely ..." CHCs contribute to tiered levels of healthcare and
ensure that more affluent, healthier, and younger patients are retained
by private sector insurance organizations.
Reductions in funding for state Medicaid programs and the refusal of
most hospitals and specialists to treat the medically indigent are
insurmountable problems for CHCs without the infusion of massive
financial resources.
Medical malpractice liability tort reform is another of the President's
vehicles for controlling costs. It won't. The President told voters at
his campaign stops, "To improve health care, we must limit the frivolous
lawsuits that raise the cost of health care and drive good doctors out
of medicine." The President has known or should have known that this is
a red herring for at least four years. Despite easily accessible and
contradictory factual information , some employers and some of the media
have reached the pinnacle of parroting disinformation.
Denying legal remedies to patients or their families who are killed,
injured, or infected because of healthcare professionals' errors in
healthcare settings or at home is unfair. A life, a leg, an arm, HIV, a
coma, innumerable other injuries and illnesses ... a father, mother,
child, brother, sister, son, daughter, any age ... all people would be
valued a maximum set amount for their deaths, pain, suffering, loss,
emotional damage, etc. The vast majority of medical errors are committed
by a tiny minority of repeat offenders. The total cost of malpractice
insurance premiums and litigation is less than $21 billion annually; the
total cost of healthcare is $1.7 trillion/year and growing 7-10%
annually. Capping jury awards at any maximum amount on non-economic
damages will have no impact on healthcare costs.
Insurance cost escalation for malpractice liability, property, and auto
insurance stem from the same source --- poor returns on insurers'
market investments, mismanagement, reinsurance costs, and greed.
Nevertheless, healthcare providers should purge their ranks of
incompetent and impaired offenders (like the physician dropped by Vice
President Cheney for narcotics addiction), use technology to reduce
medical errors, and train staff and physicians to be more diligent in
the care of patients. For decades, accreditation and membership
organizations --- for physicians and hospitals --- have been trying to
'educate' their members in an effort to reduce medical errors. It hasn't
worked.
Our healthcare non-system is the third leading cause of deaths in
America. The United States suffers more than 200,000 deaths (exclusive
of non-hospital data, which has never been accurately gathered for
nursing homes, home health care agencies, ambulatory care centers,
clinics, dialysis facilities, etc.) and hundreds of thousands of
injuries and infections annually because of medical errors, most of
which are preventable. More Americans are killed and injured each year
because of medical malpractice and negligence than were killed and
injured during our entire decade of involvement in the Vietnam
War. Federal and state medical liability caps have and will establish
disincentives to quality care. Doctors and hospitals have become
advocates of "Tort Reform", which would reduce their liability exposure,
but have no impact on improving healthcare quality or the cost of their
malpractice premiums. Tort Reform is a fiction created by the insurance
industry and promoted by politicians and healthcare providers to the
detriment of healthcare consumers and payers.
Humana paid $14.5 million in federal Medicare fines. It was the first
HMO to over bill the government, but we don't know if it won a prize of
some sort from its trade association for this feat. It over billed
thousands of patients in South Florida. Then, it dumped some patients
without proper notice. About 2 weeks before Christmas, one family
learned that their 4-year old with cerebral palsy would no longer have
benefits for her physical therapy. Palm Beach Circuit Judge James
Carlisle already found Humana liable for breach of contract, fraud and
bad faith. It had failed to respond to repeated court orders to turn
over documents.
Humana was also ordered to pay $8 million to settle allegations that it
charged both Medicaid and Medicare for the same services. Humana
received duplicate payments from both Medicare and Medicaid for the same
individuals.
The hands-down champion of alleged fraud amongst Medicare RX drug
program contractors is Tenet Healthcare Corporation. It will pay $725
million in fines and penalties for settlement of "mistakes". Tenet is
also the defendant in a class action lawsuit in California for marking
up its prices for RX drugs an average of 1038%. Tenet was National
Medical Enterprises several years ago before it was fined $379 million
as part of a settlement in a case involving alleged Medicare and
Medicaid fraud at psychiatric and substance abuse hospitals in over 30
states. The charges involved kickbacks to doctors.
Medical malpractice and negligence is an international problem. Project
Hope has completed and published a research study of the self-protective
culture of Australian, British, Canadian, New Zealand, and American
healthcare organizations. One of its major conclusions was:
"... major failures in health care are ... a product of ... the health
care professions, and the health system ... There is endemic secrecy,
deference to authority, defensiveness, and protectionism. Despite much
rhetoric about the primacy of patients’ interests ... (they) are too
often subordinated to the needs and interests of health care
organizations and professionals ... the most effective actions ... to
prevent future major failures will be those that help to create a more
open, transparent, equitable, and accountable health care culture. This
will require changes in medical and health professions education,
greater public demand for accountability, continuing advances in the
measurement and reporting of health care quality and patient outcome
data, and more principled clinical and managerial leadership of health
care organizations."
Ironically, President Bush continues to tout computerized medical
records, which "...can save money and save lives." He is pushing
Congress to establish medical liability caps to deter what he and
Vice-President Cheney have repeatedly called 'frivolous lawsuits' to the
detriment of consumers while acknowledging that medical errors cost
money and lives. Apparently, he fails to see or acknowledge the inherent
contradictions in the two positions, which cannot be reconciled unless
and until the federal government establishes a successful program to
curb the extraordinary number of medical errors, which harm and kill
hundreds of thousands of Americans annually. Meanwhile, it has become
abundantly clear that physicians and nurses frequently witness medical
errors and fail to report them.
Medical malpractice liability tort reform is the most publicized in a
series of efforts by greed merchants to introduce no-fault liability
into the scheme of American life. Once successful, the slippery slope
leads to the abdication of responsibility for deaths, injuries and
illnesses caused by the negligence of all organizations and people
within them. The slope hits bottom when people go to their work sites
one day, a ceiling caves in, people are killed or injured, and no one is
held accountable or responsible --- neither the owner of the building
nor the contractor who built it.
Currently, Democrats and moderate Republicans in the U.S. Senate have
the votes to kill the President's medical malpractice liability 'reform'
proposal.
By excluding or limiting liability from insurance products,
policy-holders and the insurance industry reap incalculable cash
savings. By limiting liability exposure, preventable errors will become
just another cost of doing business --- a relatively inexpensive one at
that.
The Medicare RX drug 'discount ' program (aka Medicare Modernization
Act) illustrates why the Bush-Cheney healthcare plan isn't a credible
vehicle for expanding access or controlling costs. The program's
contractors hit the healthcare trifecta. The contractors don't guarantee
price savings. Discounts can be changed at any time. Profits can be
whatever the drug companies and contractors determine for themselves.
Insurance companies determine which drugs to make available. The
pharmaceutical manufacturers significantly jumped prices again in 2006.
Billions of dollars were allocated to the program to attract PPOs and
other contractors. Several of them had dumped millions of Medicare
enrollees within the last several years. Unsurprisingly, most Seniors
weren't fooled by the hype.
Medicare enrollees won't realize much benefit from the Medicare RX drugs
program because of substantial annual increases in the prices of
medications. 10-20% discounts won't mean much to people on fixed incomes
who must keep pace with constant annual RX medication cost increases.
This program, more appropriately referred to as the Managed Care &
Pharmaceutical Companies' Enrichment Act, is already legend for being
the most ill-conceived Medicare 'reform' in history. The Bush
Administration threatened to veto a huge budget bill if Congress
withdraws $10 Billion set aside for insurance companies participating in
the Medicare program. "Critics call the $10 billion a "slush fund, but
the White House said the money would induce managed care plans to enter
rural areas, thus expanding choices for some Medicare beneficiaries. The
veto threat came in an official statement of administration policy."
Meanwhile, thousands of less expensive medications ordered by Seniors
from Canada are being intercepted. President Bush has given new meaning
to 'drug busts'. On October 4, 2006, 34 days before the 2006
Congressional Elections, the federal government decided to suspend
capture of Americans' mail-order RX medications from Canada.
The federal government is prohibited by law from negotiating prices for
RX medications for Medicare. It has successfully negotiated prices for
the Veterans' Administration, Department of Defense, and federally
qualified CHCs for many years. It seems to us that any executive in any
corporation or government would be fired if he failed to negotiate best
prices with his vendors. For more than $500 billion over several years,
the United States bought a program with no set prices for medications,
no limits on cost increases with the frequency of price hikes left to
the discretion of sellers, no exclusion of vendors known to have
defrauded Medicare and Medicaid in the past, no ceiling on contractors'
profits, and broad vulnerabilities to fraud scams. Americans should
never again under-estimate the ability of the majority members of
Congress to take a much-needed healthcare benefit concept and screw it
up for the sole purpose of protecting the financial interests of the
healthcare industry. HHS Secretary Leavitt opposes Democrats' plans in
2007 to negotiate prices with drug companies.
The American Association of PPOs gave its Leadership Excellence Award to
former HHS Secretary Tommy Thompson in June, 2004. They appreciated his
work on the Medicare RX drug program legislation. Iraqis like him too.
He supported universal healthcare for Iraq ... he didn't support
universal healthcare for the United States. American tax revenues have
financed and rebuilt the Iraqi universal healthcare system. Millions of
American taxpayers are without healthcare coverage. Secretary Thompson
submitted his resignation for a second Bush Administration. Michael
Leavitt is the new HHS Secretary.
The AMA opposed Medicare for many years, but LBJ was determined
and doctors ultimately adjusted lucratively to what the AMA called 'the
march toward socialism'. Tens of thousands of physicians marched
grudgingly to affluence and wealth under the Medicare program. Under
fee-for-service payment arrangements, physicians were both the providers
and purchasing agents for Medicare patients. Massive fraudulent billing
for unnecessary and excessive services ensued and DHHS changed the
payment structure to DRGs (diagnosis-related groups) in the mid-80s.
Nevertheless, Medicare providers adapted and the comparatively better
policed Medicare program endured with greater, if imperfect, control
over invoices from hospitals, physicians, and other Medicare
contractors.
The President proposed to spend $100 billion or more to go to Mars and
other planets. It was a boon to the aerospace industry and guaranteed
votes and campaign cash during his 2004 election campaign.
Millions of uninsured Americans will suffer preventable illnesses,
treatable injuries, and impoverishment attributable to lack of
healthcare coverage and fourth-class healthcare options if our tax money
continues to be diverted to programs that take precedence over our
healthcare needs.
On July 30, 2002, President Bush condemned corporate fraud in the
East Room of The White House. He said, "... No more easy money for
corporate criminals, just hard time ... The era of low standards and
false profits is over; no boardroom in America is above or beyond the
law ... in the aftermath of September the 11th, we refused to allow fear
to undermine our economy and we will not allow fraud to undermine it
either." Yet in the 2004 election cycle and following his speech
condemning this behavior, President Bush accepted campaign contributions
from the biggest stock investment defrauders and healthcare fraud
perpetrators in American history.
Through the 2004 election cycle, President Bush received more than $20
million from grateful and expectant healthcare professionals
(physicians, dentists, chiropractors, pharmacists, etc.), insurance
industry executives, executives of hospitals and nursing homes, and
investment firms. Some of his biggest donors, several investment firms,
were collectively fined a record $1.4 billion by the Securities and
Exchange Commission. Fines and penalties levied against Bush-Cheney
campaign donors for Medicare and Medicaid fraud exceed several billion
dollars.
Many of the 73 contractors selected for the new Medicare RX medications
program are or have been under investigation for previous Medicare
and/or Medicaid fraud. Many of them have already paid fines and
penalties for fraudulent activities over the last 2 decades. Together
they donated tens of $millions in support of President Bush and GOP
candidates who ran for re-election this year.
PacifiCare paid the federal government $87.3 million a few years ago to
settle alleged violations of the Federal False Claims Act. It means that
executives did something related to fraud.
Even with its second name, Tenet must be very disappointed that it will
unlikely surpass Columbia/HCA aka HCA, the largest alleged fraud
perpetrator in Medicare history. HCA is the poster organization for
systemic corruption relative to other elements within the healthcare
industry. HCA's executives are among the most generous political
campaign contributors.
In June 2002, the Hospital Corporation of America (HCA), the largest
proprietary hospital organization in America, received an award from the
Healthcare Management Financial Association, a membership organization
of 32,000 of the nation's healthcare accountants and financial
executives. HCA founders, Dr. Tom Frist, Dr. Tom Frist, Jr. and Dr. Bill
Frist (former United States Senate Majority Leader 2002-2006) received
the HFMA Board of Directors Award, which is "... bestowed on those who
make remarkable contributions to the healthcare financial management
profession ..." and for " ... the development and significant growth of
the investor-owned sector of the healthcare delivery system. Their
innovations and foresight have created a significant new source of
capital, introduced competitive market ideas, and developed many best
practices in the financial management of healthcare facilities."
Alas, federal prosecutors failed to share the HFMA's perception of and
admiration for HCA's 'best practices in financial management' and
creation of 'a significant new source of capital'. HCA (formerly
Columbia/HCA) was fined and penalized a total of $1.7 billion dollars by
December 2002, after almost a decade of well-publicized federal
investigations involving Medicare and Medicaid fraud. It is the largest
fraud settlement ever by any U.S. government contractor.
The federal government doesn't require that these companies acknowledge
wrongdoing publicly. So they don't. Apparently, from their perspective,
paying millions in fines and penalties has nothing to do with
wrongdoing. Alleged defrauders really become attached to the alleged
part of their criminal charges and don't want to let go. Alleged means
never having to say you are sorry. A kid that robs a 7-11 for a few
hundred dollars goes to jail. Healthcare corporations that get caught
stealing millions from Medicare ... well their executives mostly write
checks to pay fines and penalties. From the perspective of these and
other healthcare providers, they have simply committed 'billing errors'
(in the tens of billions of dollars) and 'the Medicare billing
requisites are confusing'.
Major fines and penalties assessed against healthcare organizations
include Tap Pharmaceuticals $875 million, Abbott Laboratories $600
million, Pfizer/Warner Lambert $430 million, and Schering-Plough $345
million.
Aetna agreed to pay $470 million for defrauding 700,000 doctors, who
alleged in a class-action lawsuit that insurers wrongly cut payments to
them and interfered with their recommended treatment for patients in
2003. In New Jersey, a judge has recently certified a doctor's lawsuit
class-action against the state's largest insurer, Horizon Blue Cross
Blue Shield, which may allow 40,000 physicians to collect damages from
it. The suit was brought against Horizon and three other HMOs in April
2002 alleging that they routinely shortchanged thousands of doctors
through late or improperly reduced payments.
There are many more contractors on the lists of Medicare and Medicaid
defrauders, but these are some of the more interesting and generous
Presidential campaign contributors, campaign fund-raisers, and innocent
fine-payers among the new Medicare RX drugs program
intermediaries. Medicare RX drug program contractors aren't the only
fraud perpetrators. There are plain old garden-variety Medicare and
Medicaid defrauders as well. They are managed care organizations,
insurance companies, doctors, dentists, therapists, equipment vendors,
home care agencies, hospitals, pharmaceutical companies, chiropractors,
and many other types of contractors (partial listing).
HCI receives updated information from OIG-HHS frequently by Email. One
of them is especially pertinent. It says: "...The Office of Inspector
General (OIG) of the Department of Health and Human Services (HHS)
protects the integrity of HHS programs from fraud, waste and abuse
through its nationwide network of auditors, investigators and analysts.
In FY 2003, OIG saved taxpayers a record $23 billion, excluded 3,275
people and companies from Medicare/Medicaid reimbursement, secured 576
criminal convictions and 243 civil actions." There is no question
that without the Office of Inspector General of HHS and the Federal
Bureau of Investigation to deter and prosecute fraud, the Medicare
program would have been insolvent years ago.
Healthcare fraud has been underreported for far too long. Healthcare
fraud is estimated to cost consumers more than $100 billion in both the
public and private sectors. 80% of all False Claims Act cases filed are
against healthcare organizations. Without a common database, hundreds of
private insurance payers cannot hope to be as successful as the federal
government is in prosecuting fraud. The FBI and Office of Inspector
General at Health and Human Services do a magnificent job of
investigating and prosecuting Medicare and Medicaid fraud, but they
really aren't mandated to fight healthcare fraud in the private sector.
The investigations and prosecutions may take 2-6 years, sometimes much
longer. The return on investment for the federal government is about
117:1.
In the midst of all of this cash flow gusher to legitimate and
illegitimate recipients, 82,000,000 Americans were uninsured for some
period of time in 2002-2003. At least 18,000 people lose their lives for
lack of health insurance annually.
Some of us recall that the invasion of Iraq was largely attributable to
a pre-conceived notion --- Bush, Cheney, Powell and Rice insisted
that Saddam Hussein had WMDs. All of the 'evidence' was custom-tailored
to fit this notion. When it was confirmed that no WMDs existed, they
produced other rationales.
Bush and Cheney have another pre-conceived notion --- the private sector
will do a better job than government in administering and
financing healthcare for America. We know that the private sector
employer/insurance-based mess is rife with fraud, waste, and abuse. The
private sector insurance system has failed to control health care costs
and protect Americans from egregious malpractice and negligence. Never
mind that the private sector has had 6 decades to get it right.
We know that 46.6 million Americans are permanently uninsured and tens
of millions more are temporarily uninsured for various periods of time
for various reasons. We know that our hospital emergency rooms are
jammed with people seeking both urgent and primary care services. We
know that more people are bankrupt, impoverished, physically impaired or
dead because of healthcare costs.
On July 24, 2004, The Chicago Tribune reported that the Bush-Cheney
administration will work toward ending the Certificate-of-Need Approval
Process. We know that this process, which required healthcare
organizations to apply for approval to make large expenditures on
healthcare facilities and equipment, was corrupted by politicians and
healthcare organizations. Yet we also know from past, expensive
experience that opening the floodgates to unbridled growth and
proliferation of the healthcare industry will result in excessive costs
for healthcare purchasers and consumers.
Normally, competition is healthy for any market. Consumer demand
normally determines supply. In healthcare, supply drives utilization or
demand. New hospital beds will be filled. Leased or purchased diagnostic
equipment will be utilized. New, more expensive medications sometimes
replace older, reliable medications of comparable clinical value about
the time that their patents expire on the less expensive medications.
Physicians and other healthcare professionals are the principal
determinants of consumer demand because of their roles as
diagnosticians, uniquely authorized purchasing agents, access points,
and often service or product distributors. Unlike any other market,
consumers cannot order, purchase or access most healthcare services and
products without a physician's authorization. This leads
to self-referral and unnecessary referrals for all kinds of diagnostic
and treatment procedures at facilities or for services in which
physicians or their hospitals have a financial interest. It also leads
to excessive hospital admissions and diagnostic tests. In Florida, one
study documented a 300% difference between Medicare patients referred to
physician-owned facilities (clinical labs, radiology centers, etc.) and
those referred to others. It is often difficult to determine if a
physician is using sound medical judgment, practicing defensive
medicine, or engaged in self-referral when he orders procedures, tests,
etc.
Federal investigators have discovered that some healthcare providers
have billed the government for patients who: died before the alleged
dates of service; never existed; received unnecessary and excessive
services; allegedly received treatments and procedures that were
inappropriate for the patients' diagnoses; and, billing for more
lucrative procedures and services than those actually rendered to
patients (aka 'up-coding'). If the patient needs and receives a Geo, the
government might be billed for a Mercedes. Since patients rarely see an
invoice for service before it is mailed to Medicare or a Medicaid
program (if ever) and most invoices are incomprehensible, it makes for
extraordinary fraud opportunities.
On July 25, 2004, The New York Times reported: "The Bush administration
has been going to court to block lawsuits by consumers who say they have
been injured by prescription drugs and medical devices. The
administration contends that consumers cannot recover damages for such
injuries if the products have been approved by the Food and Drug
Administration (FDA). In court papers, the Justice Department
acknowledges that this position reflects a 'change in governmental
policy,' and it has persuaded some judges to accept its arguments, most
recently scoring a victory in the federal appeals court in Philadelphia.
Allowing consumers to sue manufacturers would 'undermine public health'
and interfere with federal regulation of drugs and devices, by
encouraging 'lay judges and juries to second-guess' experts at the F.D.A.,
the government said in siding with the maker of a heart pump sued by the
widow of a Pennsylvania man. Moreover, it said, if such lawsuits
succeed, some good products may be removed from the market, depriving
patients of beneficial treatments." Within a few weeks of this report,
an FDA-approved medical device was recalled following the deaths of two
patients. Products often have defects, which are not discovered until
months or years after their FDA-approval. This is neither coincidence
nor an isolated problem. Pharmaceutical companies have been investigated
for their failure to disclose known hazards of their medications for
children and adults.
Public Citizen, a national non-profit, public interest organization, has
had a long and combative history with the FDA about consumer safety
issues. The AARP and other organizations have had doubts about the FDA's
consumer protection priorities.
The GOP-led Congress has supported the FDA's ban on the reimportation of
RX medications from Canada. Last year, a report by the Congressional
Research Service - the Library of Congress expert that Congress turns to
for objective information - confirmed the safety of drugs from Canada.
It found that medications manufactured and distributed in Canada meet or
surpass quality control guidelines set by the FDA. Some Capitol Hill
lawmakers assert that the agency is catering to the drug industry.
"There's no question in my mind that the (FDA) is too dependent on the
pharmaceutical industry for their attitudes and decision-making," said
GOP Rep. Dan Burton (IN), who chairs a House subcommittee that studied
the Canadian drug issue in 2003. "I had four hearings and I asked (FDA
Associate Commissioner William Hubbard) to give me examples where people
have been damaged by Canadian pharmaceuticals and re-importation, and he
couldn't even give me one, not one."
The President's Medicare chief, Mark McClellan, the former FDA
Commissioner, has been a poor ally of healthcare consumers and
purchasers. Politically astute and well-educated, Dr. McClellan was
among the least credible and most consumer-insensitive government policy
healthcare executives that our staff have ever seen testify before
Congress. Crestor was approved on his watch. Mark McClellan resigned
proving once again that there is a God, but we are confident that
President Bush will reach into his bag of incompetents and replace him
with a CMS Director as friendly to healthcare industry special
interests.
His brother, Scott, was the President's Press Secretary until Tony Snow
was appointed.. In the public sector many former government officials,
both elected and appointed, have been hired to work in highly paid
positions for various healthcare industry organizations and law firms.
Having acquired contacts and influence in government, some of them are
making big bucks in the private sector working for those they were
previously positioned to investigate or regulate. McClellan's
predecessor, Tom Scully, has made out lucratively in the private sector.
The FDA continues to signal concerns that terrorists could tamper with
imported drugs. The new FDA Commissioner, Lester Crawford, cited
bio-terrorism through imported drugs as one of his major concerns, but
he didn't mention any specific threats. Dave MacKay, executive director
of the Canadian International Pharmacy Association, called Crawford’s
comments absurd. "He was speaking almost personally out of the side of
his mouth without the proper evidence,” he states. “Clearly he doesn’t
understand the Canadian drug regulatory system.” Congressional leaders
from Trent Lott to John McCain to Ted Kennedy, agreed on re-importation,
and it’s time the White House did also. President Bush may have already
terminated any prospect of legalizing Canadian RX medications
importation by pressuring the Canadian government to cease exports of
less expensive drugs to Americans. However, the issue still has
resonance with the majority of Americans. The pharmaceutical industry is
trotting out 9/11 legends to ensure that action to legalize importation
in Congress is delayed further.
In their inimitable wisdom, the FDA has begun enforcing U.S. law
prohibiting reimportation of drugs from Canada by seizing consumers'
shipments. And President Bush remains steadfast in failing to bring the
reimportation of drugs issue before the Senate. The FDA is consistent
--- it rarely sides with the interests of healthcare consumers when the
drug industry's interests are in contention. In its most recent
conflict-of-interest fiasco, it has once again made it clear that
special interests are dominant in much of the FDA's critical
decision-making.
Dr. John Spritzler, in his fascinating article, "Market-Driven Health
Care and Social Control", says, "The real effects of market-driven
health care on people's lives suggest that the primary corporate motive
for imposing this type of health care system is to make people more
controllable." We believe that he gives corporate executives far too
much credit for diabolical manipulation in a truly uncontrollable venue.
The fabric of the healthcare mess has been woven by a coalition of more
fragmented interests. Money is the primary factor holding together and
offering common ground to special interests. Politicians have acceded to
their interests in the absence of public financing (tax revenue
allocations) of political campaigns and dependence upon corporate
financial support for their re-election. The unique nature of healthcare
consumers' information deficits fuel sustenance opportunities unlike
other market-driven services and products. The majority of captains of
America's commerce and industry have been co-opted by a myriad of
conflicted advisory resources and betrayed by their own philosophical
opposition to government as the sole healthcare purchaser in a universal
healthcare system.
Yet stitching together additional illusory panaceas --- Association
Health Plans, Health Savings Accounts, tax credits, medical malpractice
tort reform, community health centers, eliminating controls on
healthcare industry proliferation, working to eliminate consumer
lawsuits for injuries or deaths caused by FDA-approved RX drugs and
medical devices, etc. ---constitutes the President's healthcare plan.
There have been other panaceas (not remedies, but temporary pacifiers,
impotent measures, illusions for healthcare purchasers) concocted by
healthcare broker/consultants and their insurance industry benefactors
--- utilization review, case management, disease management, cafeteria
benefit plans, wellness/fitness programs, HSAs, etc. They present new
opportunities for enrichment. Some have had limited value in deterring
overzealous and unnecessary treatment.
Consultants, especially broker/consultants (perhaps the Kings of
Conflicts-of-Interest) invariably surface the classic self-serving, "
... but for X (the remedy or panacea-of-the-year), healthcare costs
would be even greater than they were last year ...", argument for the
consumption of their clients --- large employers and government. It is
analogous to the legendary statement, "I saved money by spending $5000
on clothes because they were all on sale." The prudent spouse never
queries, "Was there a less expensive way of saving money today?" There
are however, less expensive ways of saving money in our collective
healthcare purchases.
Nevertheless, it is irrefutable that private sector panaceas combined
have failed to expand access. Nor have they reined in healthcare costs
to any level near the rate of inflation of all other goods and services.
Special economic interests that profit from our current healthcare mess
will profit even ore from the President's plan. It will not solve the
nation's healthcare crisis. If the purpose of a national healthcare
policy is to ensure access, control healthcare costs, and improve
quality and patient safety, the Bush-Cheney plan won't do the job.
President Bush has packaged his proposals in 'Ownership' rhetoric. He
attempts to convince Americans that they are individually on a level
playing field with pharmaceutical companies, doctors, HMOs and hospitals
(they aren't). He will try to convince us to forget how badly millions
of Americans got fleeced by investment managers and Wall Street crooks a
few years ago. In the President's Ownership Society, consumers will soon
discover that their lack of knowledge of the prices and quality of
healthcare services enders ownership of their healthcare plans (HSAs)
over-rated. Healthcare plan ownership is impossible to assess without
other tools for consumers to determine the prices and quality of
healthcare services. Privatization has its limits, never more evident
than in his proposed healthcare plan ownership.
On September 2, 2004, the President accepted the GOP nomination for
another term In his speech, he made no mention of a 17% increase in
Medicare premiums, which was announced the following day, perhaps 12-15
hours later, on September 3, 2004 --- the start of the Labor Day Weekend
and as a hurricane was about to hit Florida. Automatic assault weapons,
another significant health hazard, have been banned for a decade, but
the ban expired on September 13, 2004. Although David Letterman looks
forward to duck-hunting with an AK-47, it is discomfiting to allow the
ban to expire in the midst of homeland security concerns. President Bush
said that he would 'support' extension of the ban, but that was 4 years
ago during his first Presidential campaign. His support was inaudible to
his party's majority in Congress before and after the ban expired.
The current Administration has made the wrong choices for controlling
healthcare costs, expanding access, enhancing quality, and ensuring
higher patient safety standards. Most recently, President Bush used his
first veto to cripple federal support of stem cell research favored by
83% of physicians.
Our perspective is shaped through the prism of decades of consulting to
almost 1400 healthcare provider and purchaser clients, studying the
politics of healthcare for several decades, and discussing various
solutions with thousands of healthcare consumers, providers, and
purchasers. There are far too many variables and ambiguities in each
plan. There are too many unknown levels of interest and participation in
the plans by employers, insurance carriers, and consumers. Obviously,
the cost estimates for the Iraq invasion and reconstruction were
consistently inaccurate. The proposed healthcare plans and compelling
need for universal coverage are even less subject to accurate cost
assessments. Neither Presidential candidate in 2004 proposed an
effective solution to the healthcare cost, access, quality and safety
crises evident in America's healthcare non-system.
The Bush-Cheney healthcare plan omits any reference to a Patients' Bill
of Rights. One of the most stunning and revealing differences between
the Presidential candidates was evident when the Bush-Cheney
administration supported HMOs in their case before the U.S. Supreme
Court to prevent patients from suing them when they wrongfully deny
patients necessary medical care recommended by their physicians. Yet on
July 31, 2004, President Bush told voters at a campaign stop in Canton,
Ohio "... we will make sure the health decisions are made by doctors and
patients ..." From his days as Governor of Texas, President Bush has
done a flip-flop-flip in one of the most interesting episodes of his
political career. As Governor, he initially stood with HMOs, then
tacitly assented to patients' right to sue HMOs, and most recently
before the U.S. Supreme Court, in support of HMOs in denying patients
the right to sue them for withholding necessary care. At best, his
verbal assurances to voters and behavior at different times on this
issue are contradictory. It may be coincidental, but unsurprising that
President Bush's nominee to the U.S. Supreme Court, John Roberts,
represented the interests of the HMO in Rush Prudential HMO v. Debra
Moran, et al. when he was a practicing attorney and before his
nomination by Bush to the U.S. Court of Appeals for District of Columbia
Circuit.
On August 18, 2004, The State of Illinois became the first among several
states to exercise leadership in the public interest and aggressively
plan to facilitate drug importation for consumers in defiance of the
Bush Administration.
In the 3rd Presidential Debate, October 13, 2004, President Bush stated
that the U.S. may import flu vaccine from Canada. He didn't appear to
have anxiety about the safety of the vaccine, the shortage of which came
to light within a week of the debate. The President asked healthy
Americans to forego flu shots, but former Senate Majority Leader Frist
was dispensing flu vaccine two days later to his Congressional
colleagues.
Quality healthcare should focus on optimum medical outcomes. Staff may
be pleasant, wait times may be minimal, but the medical outcome is the
most important indicator of quality healthcare. Medical outcomes for the
same diagnoses and procedures vary from hospital to hospital. We can
access tire safety ratings, but cannot easily access hospital medical
outcomes data for specific diagnoses and treatment modalities in easily
understandable formats. Nevertheless, it is possible to secure reliable
information about healthcare providers, diagnoses, and treatment options
(See Consumer Empowerment).
Other than utilizing technology to enhance healthcare quality and
patient safety, neither Bush-Cheney nor Kerry-Edwards' plans addressed
the human factor. No technology in the world will prevent medical errors
if anesthesiologists drift between two or more surgical patients
simultaneously to maximize their earnings. No clarity of charting will
prevent staff from leaving hypodermic needles laying around after use
where they can perforate another patient and infect the unsuspecting
patient with AIDs or another disease. A computer is unable to ensure
that temporary nursing staff have the requisite skills to care for burn
patients or other patients requiring unique knowledge and training.
Government must do more to identify and purge the relatively small
number of
impaired, incompetent, and chronically dangerous healthcare clinicians.
Discipline can no longer be left to 'peer review' committees within
hospitals or state professional licensure standards boards consisting of
reluctant and protective peer practitioners.
The Bush-Cheney position on medical malpractice legislation is premised
upon defective information sponsored and touted by healthcare industry
financial interests. Doctors support tort reform legislation to minimize
lawsuits against them. They oppose constraints on class-action
litigation so that they can retain their rights to sue healthcare
payers. On the other hand, hospitals all over the nation are being sued
in class action litigation for charging patients without insurance more
than those with insurance.
The public has a right to know that a plaintiff's attorney, most of whom
work for their clients on a contingency basis because most people cannot
otherwise afford to pursue their claims, is invariably working against
very expensive defense trial attorneys. Litigation defense attorneys are
paid hourly to defend their healthcare or corporate clients. Plaintiffs'
attorneys must win a settlement or judgment to be compensated. Civil
defense attorneys are paid by their clients win or lose.
The President often talks often about 'junk lawsuits' or 'frivolous
lawsuits'. There is nothing junk about a woman receiving a transplanted
cancerous kidney or frivolous about a surgeon repairing a healthy artery
while leaving the defective artery unattended. Since the President is
the beneficiary of significant campaign donations from thousands of
doctors, hospital administrators, and health insurance executives, it
must require excellent political skills to keep them focused on
re-electing him first, and then fighting over healthcare dollars later.
Their common ground, in this context, is to ensure the election of
candidates, who will relieve them of as much potential expense as
possible when they or their staffs inadvertently cause deaths, injuries,
or illnesses to patients. And for $1250 or more, any physician can buy a
'Congressional Physician of the Year' plaque from the National
Republican Congressional Committee.
We need a progressive healthcare policy which allows that the health of
our economy is tied to the health of our citizens. It is no secret that
the costs of healthcare have been inhibiting hiring, driving companies
to drop retirees' medical benefits, and further motivating large
employers to ship jobs to other nations.
Most Congressional House Members and some Senators remind voters that
they brought them a brand spankin' new Medicare RX medications program.
They sure did! Democrats and some Republicans proposed changes to the
legislation. President Bush has threatened to veto new legislation,
which would contain provisions to eliminate many of the more
industry-friendly provisions in the law. In a belated political gesture
under political pressure, Bush has directed the insurance carriers to
help Seniors get their RX medications under the new Medicare fiasco.
Each of the elements proposed by President Bush serves to directly or
indirectly enrich special interests. President Bush placed these
features on display in 2004 for his re-election campaign --- AHP's, HSAs, tax
credits, and medical malpractice tort reform. Under the guises of
'consumer-directed health care' and 'consumer choice', they will add
further complexity and devastation to a fragmented, chaotic healthcare
non-system in the process of implosion. Twenty-Five months after the
election, the Bush Administration has done virtually nothing to expand
healthcare access, control costs, and to improve quality and patient
safety.
Ending The Healthcare Crises:
A Single Payer Universal Healthcare System
"Never be afraid to try something new. Remember, amateurs built the ark.
Professionals built the Titanic." - Author Unknown
Costs Could Be Reduced Substantially By Eliminating Fraud, Waste and
Abuse and Establishing a Single Payer Universal Healthcare System With
Consumer Education and Protection Features
Today, more than 1 in 3 of all Americans now have government coverage
through Medicaid, Medicare, the military and federal employee health
plans. More than 10 million others are eligible for Medicaid but have
not enrolled. Tens of millions more are not eligible for any
government-funded healthcare programs.
A single payer universal healthcare system for all Americans would be
the most cost-effective solution for the nation's healthcare crises.
Healthcare consumers, their families, doctors, nurses, pharmacists, and
thousands of employers would be much happier and experience healthcare
with far less stress. Employers and individuals would pay into a general
fund. The risk would be spread throughout the entire population. The
federal government would be the sole payer. The roles of some insurance
carriers, if any, would be similar to those of closely monitored third
party administrators regulated by and accountable to the federal
government. The uninsured would be covered on a sliding scale basis.
Consumers would select any healthcare providers they wanted that were
qualitatively approved by the federal government including the
Departments of Justice and Health and Human Services. The Medicare and
VA systems for our Seniors and veterans could be integrated into the
most efficient healthcare purchasing infrastructure in the world while
saving their best features and purging their undesirable
characteristics. 47 million Medicaid beneficiaries and 41 million
Medicare Seniors would benefit from a leveraged single payer universal
healthcare system. It would eliminate the inherent healthcare treatment
discrimination operative in our current non-system that is experienced
by poor, aged, African-American, and Hispanic patients.
Quality information would be available through the Internet and
accessible by all. Quality standards would be enforced by government
oversight entities. The government would establish fair and equitable
rates for services based upon diagnoses and procedures and products
based upon negotiated prices. It would ensure that Americans had access
to medical outcomes information among providers to ensure that they
compete for business on the basis of quality or medical outcomes and
other indices. Healthcare consumers would be empowered to make informed
choices and decisions among the maze of healthcare treatment options and
settings.
Layers of unnecessary waste, fraud, and abuse would be reduced or
eliminated. Hundreds of $billions would be saved. There would be a
single database with provider profiles and reimbursement fees for each
provider. The savings in information systems maintenance and claims
processing alone would be astounding. Under a single payer healthcare
system, RX medications would be evaluated and prices would be negotiated
directly with manufacturers. This would eliminate layers of profits and
advance adherence to a formulary including only clinically superior and
safe medications.
While there would be substantial challenges in planning and implementing
a single-payer universal healthcare system, the fragmented and untenable
non-system we have now must be ended. Is it a panacea? It is far
superior to what we have now and the challenges it poses operationally
are far more manageable. Most importantly, it would not exclude or
bankrupt tens of millions of Americans.
Medicare has had much better success in controlling administrative costs
than hundreds of private sector insurance operations including HMOs and
PPOs. A single payer's administrative expenses would be a fraction of
those currently evident among the myriad of private sector health
insurance companies and managed care organizations. Hundreds of
$billions could be reallocated to patient care. Physicians and other
providers would cease spending valuable time on billing and other
unrelated patient care administrative issues. A single payer universal
healthcare system is the most efficient, least expensive, and most
rational of all options. We can choose to be a society, which elevates
healthcare to the status of a human right, or a society, which continues
to market healthcare as a commodity for the profit and enrichment of
private economic interests.
The Lack f Universal Healthcare System - Not A Mystery
So why is the single payer universal healthcare system option not on the
nation's radar screen?
A. Its a corruption-fest! Congressional leadership has strong and
unshakeable ties to and economic co-dependence with the healthcare
industry for legislative support in exchange for generous campaign
funding. The AP and Washington Post finally wrote about the former
Majority Leader's conflict of interests. And many former Senators and
House Members become lobbyists for special interests. The FBI is
investigating 2000 cases of public corruption.
B. The Democratic party leadership became gun-shy following the Clinton
Health Care Security Act debacle of 1993-94, which was characterized by
a $200 million campaign to kill it financed by insurance (remember
'Harry & Louise'?) and other healthcare industry special interests. Who
would want to be ostracized for being 'tax and spend liberals' in the
season of massive deficits, the insurgency and rebuilding of Iraq, and
tax cuts?
C. A significant change in the status quo would reduce healthcare
industry political campaign contributions appreciably. It would lead to
economic disruption for many healthcare insurance organizations'
executives. It would cause career dislocation for tens of thousands of
non-clinicians throughout the healthcare industry inclusive of insurance
brokers, marketers, administrators, and executives. In the current
scheme of national priorities, dying and suffering Americans are simply
no match for retention and growth of the revenue bases of healthcare
industry 'leaders'.
D. The American public has an information deficit, which has paralyzed
its ability to organize, develop, and direct its collective will upon
its elected leadership. There is nothing comparable to the healthcare
information deficit in American society. The best and the brightest have
often been misled by elements of the media parroting special interests'
press releases, public relations spokespeople, and politicians.
E. Consumers are primarily dependent upon the sellers of healthcare
goods and services for diagnostic and treatment plans and treatments.
Even the most sophisticated among us have been victims of medical
errors. In effect, physicians serve as purchasing agents for most
healthcare consumers. They hold the power to order diagnostics,
prescribe medications, authorize patient referrals to specialists and
hospital admissions. The Internet will eventually provide the most
useful information to consumers in easily understandable format.
Congress should authorize patients' access to the National
Practitioner Data Bank to empower them to determine for themselves if
physicians they are considering for consultation or surgery have been
disciplined or have histories of malpractice and negligence. Our
government is complicit in denying information about the malpractice and
negligence histories of physicians and other healthcare professionals.
F. Healthcare purchasers have been co-opted, manipulated, and
out-flanked. Even now, healthcare business coalitions, healthcare
roundtables, and group purchasing alliances include in their
deliberations and memberships financial beneficiaries of the current
healthcare chaos. The vast majority of healthcare purchasers (employers
and government)often suffer their information deficits with complacency
and deference to the beneficiaries of our healthcare non-system. .
Of the more than 10.5 million personnel within the healthcare
industry, relatively few --- less than a million --- would be affected
by a change to a single payer healthcare system. Although
optimally beneficial to almost 300 million Americans, single payer
universal healthcare is politically inconceivable to many of our Members
of Congress and the President. They have been willingly co-opted or
worse by a highly visible, well-heeled, influential, and very generous
plethora of healthcare industry and insurance lobbyists and special
interests.
Healthcare Decisions In The Midst of Crises
It is implausible, even in an HBO television script, that the FBI shares
its surveillance methodologies with the Mafia at hospitality suites
sponsored by the The Sopranos. 'Normal' is a creative tension between
buyers and sellers to effect a win-win situation for all parties. Yet
the largest, most influential healthcare purchasers in the nation are
often co-opted. It is as bizarre as it would be if the Department of
Homeland Security invited Al-Qaeda to their meetings to help it
determine what it should do about terrorism.
It is quite evident that healthcare purchasers have sought to work
harmoniously with healthcare suppliers. However, the solution to our
multiple healthcare crises would have evolved long ago if assimilation,
cooperation, co-optation, and Kumbaya were the right implements for
determining and implementing effective healthcare purchasing strategies.
Meanwhile, consumers must begin to accept responsibility for their
lifestyle choices and behaviors. Obesity, diabetes, lung and heart
diseases, chemical and substance abuse, skin cancer, and many other
conditions may be deferred by lifestyle changes. If we teach kids to
play soccer in our schools, we must also teach them how to care for
their bodies and their minds when they are very young. Preventive
medicine, contingent upon healthcare coverage, must have a resurgence if
we are to have prudent healthcare policy.
The Business of Healthcare is Business
Even if consumers do everything conceivable to engage healthy
lifestyles, they remain vulnerable to illness and injury. When this
occurs, government must protect them in their most vulnerable state ---
when they are patients in America's hospitals and nursing homes. For
decades, Congress has relied on the Joint Commission on Accreditation of
Health Care Organizations to monitor patient safety in America's
hospital facilities. There is no better example of conflicts-of-interest
in healthcare than the JCAHO. Public Citizen Health Watch has cited it
repeatedly for pandering to the hospitals it surveys and for failing to
ensure patient safety and quality care in the nation's hospitals. We
should be grateful that fire inspectors aren't paid by the owners of the
buildings that fire departments inspect. We should be delighted that the
Federal Aviation Administration isn't governed by executives of the
major airlines. We must address why it it that the nation's hospitals
are accredited by an organization that is paid by them to certify them;
and, why it is that the organization is governed by a Board comprised
predominantly of healthcare providers and insurance interests.
Extraordinary disclosures about the JCAHO tells only part of its
colorful history. In the past, it has been a leading advocate for
immunizing hospitals from liability exposure for injurious medical
errors if hospitals disclose their errors. In other words, if a patient
is maimed or dies as a result of medical errors and the hospital admits
its mistakes, JCAHO encouraged Congress to immunize it from liability
litigation. Concurrently, it was running radio ads touting the JCAHO's
commitment to healthcare consumers. The JCAHO hasn't been a stalwart for
healthcare consumer protection despite its rhetoric and public relations
messages. Senator Grassley (R-IA) and Congressman Stark (D-CA)
introduced legislation to bring the JCAHO under CMS oversight authority.
The business of healthcare in America is largely about shareholders'
dividends, organizations' profits and fiefdoms, hospital systems'
competition, and executives' compensation packages (including those of
non-profit organizations). For-profit or non-profit status are simply
legal terms with tax and accounting implications. Tax status is
meaningless in the context of healthcare costs, patient safety, fraud,
waste, abuse, and executives' financial remuneration. Organizational
'mission statements' have public relations value, but are frequently
inconsistent with certain behaviors inclusive of patient-dumping and
overcharging uninsured patients. These facts are in no way disparaging
of the dedication of millions of kind and highly skilled healthcare
professionals and care-givers.
Healthcare professionals often seek to avoid information disclosure,
even patients' medical records, from healthcare consumers. The
underlying premise is that healthcare providers own the information.
Patients are simply the bearers of symptoms, complaints, illnesses,
injuries, manifestations, and of course, insurance coverage, cash,
personal checks, or credit cards.
The Elements of America's Healthcare Crises
1. America doesn't have a proactive healthcare policy. The gay marriage
amendment, space travel, tax cuts, tort reform, awarding non-competitive
contracts to friends, faith-based initiatives, alienating most of the
world, more tax cuts, privatizing social security, homeland security and
pursuing Al-Qaeda terrorists all over the world have been of higher
priority to the current administration. The latter two of the foregoing
warrant high priority status. Healthcare for tens of millions of
Americans has been nowhere on the radar screen, unless it involved
legislation for the benefit of the healthcare industry. A disastrous
implosion of the healthcare non-system is silently evolving. At best, it
is an inequitable, life-threatening situation. It accommodates the
financial interests of profiteers. It provides relatively well for
America's Seniors and consistently provides inadequate care options and
continuity of care for the medically indigent. It fails healthcare
purchasers and fails the vast majority of the working middle-class
population of consumers by allowing their care to be contingent upon
what their employers decide is most cost-effective annually.
2. We have no comprehensive, accountable, cost-effective system and
uniform quality standards for the delivery of healthcare services in
America.
3. Most Americans want a universal healthcare coverage system .
4. Camouflage is abundant. We may anticipate reports of a slowdown in
healthcare cost inflation. Medicare premium cost projections have
already been hidden. Perhaps premium increases will be ratcheted down.
Temporary public relations gestures are nothing more than show
time-for-the-voters ... a wink and a nod to persuade the electorate that
healthcare insurers or providers will exercise restraint.
5. In examining environmental health risks, we found that the
Bush-Cheney administration's record in protecting our air, environment
and water is abysmal.
6. Many healthcare industry interests blame consumers for cost
escalation. They tell journalists and their cohorts that consumer
over-utilization, employer-based insurance, end-of-life care and
support, litigious plaintiffs and attorneys in malpractice cases, and
cost-shifting from the uninsured to insured patients are the most
important causes of our healthcare cost crisis. They talk of healthcare
'rationing' and 'consumer choice'. These arguments succeed in diverting
attention from special interests' profitability and culpability.
7. Special interests often operate under the cover of organizations with
benign names.
8. Very few journalists, let alone consumers, have a working knowledge
of the excessive cost, fraud, waste, greed, abuse, and unnecessary
expenses of having thousands of claims payment operations and competing
hospital systems. Most of the media, politicians, and academics rarely
focus on the most critical causes of our healthcare cost and quality
crises.
9. Whenever a controversial subject of broad significance confronted the
nation (healthcare, the Medicare RX drug plan smorgasbord of benefits
for the healthcare industry, Iraq War issues, education, etc.) , the
Bush Administration changed the subject by redirecting media attention
to gay marriage, tax cuts, or whatever limited good news about the
economy could be found. Congressional debate stalling tactics were used
to ensure that legislation more vital to the interests of Americans
never got to a vote. Only the 9/11 Commission Report penetrated the
transparent facade of time constraints, which is normally used by
Congressional leadership to avoid dealing with populist issues.
10. Bush has threatened to veto the Stem Cell Research Enhancement Act,
which could help doctors find solutions and relief for many diseases.
Pandering to right-wing religious zealots has taken precedence over
curing human suffering.
Conclusions
1. The United States has by default disenfranchised tens of millions of
Americans from healthcare coverage and catered to the economic interests
of the healthcare industry.
2. Congress has consistently protected the interests of the healthcare
industry. In recent years, new initiatives or new protections for them
are launched in every Congressional session.
3. We missed an opportunity in the 2004 election to move in a more
compassionate, cost-effective, enlightened, quality-focused, and prudent
direction for developing and implementing healthcare policy in
America. The healthcare non-system is imploding and has had disastrous
consequences for tens of millions of Americans.
4. A universal healthcare coverage system for all Americans ... and
fueling waste, fraud, abuse, and managed care/health insurance-based
products ... are incompatible.
5. If Iraq II and tens of thousands of American (reported and
unreported) and Iraqi casualties had never occurred, the Bush-Cheney
Administration's failure to act decisively in the public interest on the
interrelated healthcare cost and quality crises, pollution hazards,
increasing impoverishment, deficient educational system, and loss of
good jobs more than suggest that government of the people, by the people
and for the people is no longer operative.
6. We don't need and don't have hundreds of organizations to deliver our
mail, collect taxes, regulate air transportation, administer our Social
Security system, provide homeland security, coordinate our national
defense, or print our currency. We have and don't need hundreds of
insurance and payment mechanisms to register subscribers, process
claims, and pay healthcare bills for the nation. America has the most
systemically expensive, inefficient, wasteful, and unnecessary
replication of healthcare organizational claims management and payment
infrastructures conceivable. Alex Gerber wrote, "Of
overarching importance, neither Mr. Bush nor Mr. Kerry addressed the
basic anomaly of our health care system. That is funding by a multi
payer, employer-based private insurance industry with the business
atmosphere of competition, marketing, stockholders, bottom lines and
huge executive salaries. These costs drive up health-care overhead 10 to
25 percent ($160 billion to $300 billion) yearly --- that does not
contribute to the cure of a single patient."
7. President Bush is a strident facilitator in expanding the wealth of
the healthcare industry and broadening the leverage that it has over
healthcare consumers. It is disingenuous at best for President Bush to
present a hollow core healthcare cost and quality plan that fails to
eliminate massive waste and will guarantee greater expense to consumers.
It is unconscionable that preventable environmental hazards, which cause
illnesses and additional pain, suffering, and expense, have increased in
the last three years because of the relaxation of environmental
standards. President Bush has affirmed the ludicrous proposition that
U.S. healthcare policy-makers are the pawns of special interests within
the healthcare industry. They reduce desperately needed Medicare and
Medicaid programs, try to help balance the budget by taking away
benefits from the most vulnerable, and profess to be compassionate
concurrently.
8. National and especially local journalists have largely abdicated
their responsibility to the public to investigate and objectively report
the causes and effects of excessive healthcare costs,
conflicts-of-interest, quality deficiencies, fraud, and the negative
impact of special interests and political corruption. In effect, the
nation is confronting a complex and massive problem without the benefit
of having the most significant elements of the problem on the radar
screens of healthcare consumers and purchasers most of the time.
9. The Families of 911 victims have proven to be the most potent
political force of modern times. Healthcare consumer advocacy
organizations could learn from their zeal and tenacity in moving vitally
important legislation.
10. The Iraq debacle and healthcare cost crisis have in common that both
are raging largely out of sight by the electorate. Both are costing the
nation unnecessary and preventable deaths and injuries. Both are costing
Americans a financial fortune. Both have failed to evoke candid and
accurate information from the Bush Administration. Both the Iraq"peace"
and healthcare public policies have been disastrous for Americans.
Abraham Lincoln warned us more than 140 years ago, " America will never
be destroyed from the outside. If we falter and lose our freedoms, it
will be because we destroyed ourselves. "
Healthcare - A Cultural Value & Social Imperative
If I am not for myself, Who will be for me?
If I am only for myself, What am I?
If not now, When? --- Hillel
Healthcare is the most important domestic public policy issue of our
generation. It defines American values with no ambiguities. The
Judeo-Christian ethic is sorely tested. There is an inherent obligation
of civilized democratic society to ensure the availability of the basics
of survival --- healthcare, food, water, and breathable air --- to all
of its citizens.
We need to confront the fact that we are a nation that is allowing tens
of millions of our fellow citizens to go without healthcare and
healthcare coverage. Can we really rationalize going to war in Iraq ---
and in the latest version of why --- to eliminate a future threat, incur
unacceptable casualties mostly hidden from public view, spend tens of
$billions on an outrageous venture and reconstruction, divert resources
from fighting those who attacked us on September 11, 2001, and yet fail
to ensure that all Americans have the best healthcare available
regardless of their economic circumstances?
We have already had 6 years of failed healthcare policy since President
Bush took office in January, 2001. We are in deep trouble by failing to
provide access to healthcare to tens of millions of Americans. An
estimated 108,000 Americans (18,000/year) have died for lack of
healthcare coverage and healthcare insurance premiums have escalated 64%
since President Bush took office in 2001. Terrorism causes fewer
American deaths than inaccessibility to high-quality healthcare, medical
errors, poverty, hunger, pollution, and unsafe jobs. American healthcare
purchasers, primarily government and employers, must commit to effecting
real change in the best interests of the nation and their bottom lines.
No other domestic policy issue will have more significance until it is
addressed and resolved.
In a report first published by CIPA --- a non-profit trade association
representing 35 of Canada’s leading mail-order pharmacies providing
services to about two million U.S. patients, primarily seniors and the
uninsured --- last November, President Bush successfully converted
Canadian Prime Minister Paul Martin and the net result will be that
Canada will refuse to fill prescriptions from Americans. Apparently, the
President made trade concessions in exchange for this incalculable
victory for his Pharma supporters. On January 5, 2005, The Los Angeles
Times essentially confirmed the story. The Center for Public Integrity
has also documented lobbying activities by the pharmaceutical industry
in Canada to thwart Americans' access to less expensive RX medications.
New regulations will be implemented by the Canadian government soon.
This will leave millions of Americans without access to affordable
medications. Senator Kennedy, in a statement issued on Tuesday, January
4, 2005, asks: "When is the president going to stand up for the health
of American patients and stop protecting drug company profits?"
Apparently, the answer is never ... his cheerleaders are gearing up to
rally around his threatened veto of proposed Congressional legislation
allowing importation of less expensive RX medications from Canada.
Under the cover of Jeb Bush's high profile 'humanitarian mission' to
Asia to assess the Tsunami disaster, most Americans will never learn
about their President's machinations, including limiting financial
liability for drug companies and healthcare providers, antithetical to
their best healthcare and pocketbook interests. What the administration
has done to U.S. RX medications consumers, it is about to do for the
poor peoples of Central America.
One of President Bush's legacies will be his strident advocacy and
promotion of the most anti-consumer policies in American history. His
formula for resolving our multiple healthcare crises, partially
reiterated in his State of the Union --- medical liability reform and
health insurance ownership --- remains rhetorical, delusional, and
morally bankrupt. The 2006 Budget submitted to Congress by the President
will be disastrous for many disadvantaged Americans including children's
access to healthcare. Meanwhile, from 1999-2004, 14 million more
Americans joined the ranks of Medicaid recipients. President Bush
appointed a birth control foe to head family planning programs at DHHS
following the Mid-term elections.
Either the 'moral values' President cannot comprehend or the
'compassionate conservative' President doesn't care that millions of
Americans are suffering and dying because of our often inaccessible,
absurdly expensive and unaffordable, qualitatively inconsistent, and too
often unsafe healthcare non-system. Denying millions of sick, poor, and
working middle-class Americans access to healthcare in America is
immoral on its face. Allowing fraud, corruption, waste, and greed to
plunder hundreds of billions of dollars annually is unconscionable. His
strident endorsement of Health Savings Accounts, an enrichment scheme
for health insurance industry and investment interests, is consistent
with his focus on changing Social Security from a secure government
program to private sector enrichment and GOP political opportunities. We
believe that the Social Security privatization issue is yet another
absurd distraction from much more important issues facing the nation and
detrimental to the public interest. Both Health Savings Accounts
combined with high deductible insurance and Social Security savings
accounts, which risk exposure to unscrupulous investment firms, are
detrimental to consumers.
In an absurd Hail Mary to demonstrate their 'compassion' and curry favor
with conservatives, Congress passed and the President signed legislation
to sustain the vegetative state of Terri Schiavo. Tens of millions of
Americans are uninsured, millions more are under-insured, hundreds of
thousands are bankrupted by medical expenses, thousands of fully
functioning Americans die for lack of healthcare coverage, hundreds of
thousands are injured or killed through medical errors --- none of whom
want to die and few of whom are incapacitated. Yet, a politically
motivated ill-conceived Act of Congress is passed in a matter of hours
on a Sunday night to keep one patient alive against her expressed
wishes, in breach of her and her husband's legal rights, with an urgency
unique to Congressional behavior. Meanwhile, former Governor Jeb Bush
tried to displace Michael Schiavo's husband's guardianship of his wife
and have the State of Florida become her legal guardian after he managed
to find a conservative physician to shed doubt on her long-standing
diagnosis by many other practicing neurologists.
If Congress and the President would have invested 1% of their time in
the last 5+ years and far less velocity than their Schiavo fiasco in
addressing American's real healthcare needs prudently, we would have a
universal healthcare system. But as the President and most members of
Congress demonstrated quite dramatically in their prioritization of the
Schiavo issue and innumerable ludicrous healthcare 'reform'
pronouncements, they remain politically self-centered, tragically
insensitive, and outrageously irresponsible in effecting real change for
America's medically indigent.
Both Congress and President Bush bear major responsibility for their
failures to prevent Hurricane Katrina's disastrous aftermath and massive
preventable deaths and injuries. Likewise, life-threatening quality
issues in many of the nation's nursing homes remain unresolved,
according to a recent GAO study.
President Bush and other politicians have different priorities than
those experienced by poor and working-class Americans. The U.S. Senate
'Health Week', May 8-12, 2006, illustrates the absurdities of their
priorities. They refused to consider stem cell research, but allowed
terribly flawed medical liability and insurance bills to reach the floor
for debate and votes.
Nothing else explains the disconnect between America's healthcare needs
and our national and state public policy-makers. Their priorities appear
to be solely vested in the enrichment of healthcare industry special
interests. Congressional priorities are about getting re-elected. The
Jack Abramoff case provides a microcosm and periscope into norms within
the cycle of electoral politics in America:
1. the public elects Presidents, Governors, Members of Congress, and
state legislatures
2. special interests fund these elections with massive donations as prid
quo pros for their support on legislation
3. in-between elections the will of special interests prevail, and
4. the public accepts more hollow promises and normally re-elects those
who betrayed their interests for another 2, 4 or 6 year terms.
American democracy has a diminishing likeness to true democracy. It is
an oligarchy. Americans cannot enjoy 'life, liberty and the pursuit of
happiness' if they are too ill, dead, or impoverished for lack of access
to affordable, safe, and high quality healthcare.
Special Interest Money & Congress
For additional consumer information and data related to the above
analysis, please see Knowledge is Power.
*This analysis may be updated as new healthcare public policy
initiatives and/or absurdities are introduced by the Bush Administration
or Congress.
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