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Medical Freedom of Choice at Risk
Michael Arnold Glueck and Robert J. Cihak, The Medicine Men
Tuesday, Aug. 14, 2007

There is yet another relatively silent power grab by the government to limit your freedom of medical choice in the Medicare program.

To retell an old anecdote, the bureaucrat was asked why the driver's licensing offices couldn't be opened on Saturdays. He replied that they'd tried it but had to abandon the idea when they discovered that too many people were using them.

Apocryphal, perhaps. But something very similar is happening in Washington, D.C., as the usual unholy coalition of penny pinchers (for you, not them), ideologues, and bureaucrats try to curtail the growth of the most popular aspects of Medicare:

As originally enacted in 1965, Medicare permits its enrollees to seek care from any approved source that is willing to accept the government's payment rates, put up with its paperwork and run the risk of going to jail for honest errors.

When Medicare was established, everyone (including the bill's backers) understood that their cost estimates were preposterously low. Every few years since, the government has dickered with the program to try to make it more "cost-effective" from their point of view even while expanding benefits.

Herding people into HMOs has long been a favorite and dismally ineffective tactic. But another attempt, originally conceived as a minor corrective, now enrolls 20 percent of Medicare's 43 million-plus beneficiaries.

In 1993, Congress passed the Medicare Modernization Act, which established Medicare Advantage as the successor to the problem-plagued Medicare + Choice program. Under Medicare Advantage, private insurance companies contract with Medicare for the right to sell policies to Medicare beneficiaries; in 2007, there were 602 contracts between Medicare, insurers, and healthcare providers.

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Medicare beneficiaries who buy these policies then deal directly with their insurers and providers, who then are paid by Medicare. Today, about 80 percent of Medicare Advantage beneficiaries are enrolled in HMO or PPO plans.

But the fastest growing segment is the remaining 20 percent who opt for unrestricted private fee-for-service coverage. No managed care, no quality control, just the old-fashioned, "Thank you, I'll make my own decisions consumer approach."

No one expects Medicare Advantage to grow less popular; by some estimates, a third of all Medicare beneficiaries will be enrolled within a few years.

The program is especially popular in rural areas and among the less affluent. It also appears that Medicare Advantage members are, as a group, healthier.

And the Beltway doesn't like it one bit. And they've got good reasons:

  • Cost. Advantage runs about 10 percent higher per year per person, which adds up to about $54 billion over the next five years. Much of that money goes to providing additional benefits and services. Still, the chatter is that the drain on the "trust fund" is intolerable and that the money could be "better spent elsewhere."

  • Lack of the Draconian detailed supervision and oversight found in traditional Medicare and complaints that care is not properly managed. Again, the only people who seem not to be complaining about this are the customers.

  • Complaints of real and alleged marketing abuses by private insurers, especially after a New York Times article strung together a lot of allegations regarding high-pressure and misleading sales tactics, including one company that offered its sales people trips to Las Vegas as a particularly sinister incentive.

    So what is the government doing to rein in this popular program?

    In May, the Centers for Medicare and Medicaid Services (CMS) proposed strengthening its negotiating and regulatory powers over Medicare Advantage.

    In June, CMS suspended the seven largest providers of Advantage plans (who account for the vast majority of policies) from active marketing until they could correct real, alleged and purely fictive abuses and irregularities.

    Allegedly, the providers have already corrected these deficiencies.

    Meanwhile, the House of Representatives passed legislation (The CHAMP Act) that would fund expansion of children's care by deep cuts in Medicare, including Advantage. In no way are we against better childhood healthcare but it seems senseless to rob Grandma and Grandpa to pay for their granddaughters and grandsons.

    President Bush has threatened to veto this legislation; results won't be known until the bill goes through conference with the Senate and achieves final passage.

    In the meantime we suggest that those currently on Medicare Advantage, those who soon will be and those who ultimately will be, speak out now to your congressional representatives or give up one of the last advantages you have — your freedom of medical choice.

    Editor's Note: Michael Arnold Glueck, M.D., penned this week's column.

    Michael Arnold Glueck, M.D., comments on medical-legal issues and is a visiting fellow in economics and citizenship at the International Trade Education Foundation of the Washington International Trade Council.

    Robert J. Cihak, M.D., is a senior fellow and board member of the Discovery Institute and a past president of the Association of American Physicians and Surgeons.

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