healthcare ethics

Patients Come For Care. Not Hospitalists.

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The professor squinted through cigarillo smoke rings. She listened as fourth-year nursing students discussed ways to help Cambodian refugee families be more independent in their new American home.

“This independence drivel is bull s**t. People come for care. Dammit, care for them”, she snapped.

The nursing professor was persona non grata in a Central American country. She cared for—and politicized—indigenous women in the country’s highlands to the displeasure of ruling elite. But her command to care for those who come for care is unforgettable four decades later.

To care for another person means many things. Among them is a willingness to take responsibility for another human being’s welfare. Parents accept responsibility when they care for children; partners accept it when they care for each other. Grown children care for frail parents, assuming responsibility for their well-being.

Nurses and doctors used to accept responsibility when they cared for their patients. No longer. Now care is fractured. Responsibility ricochets around in the ether, never settling on an identifiable person.

Care is splintered among teams, electronic health records, data banks.

And hospitalists.

It’s Academic. The Birth of Hospitalists.

Hospitalists are not new. Robert Wachter and Lee Goldman, writing for the New England Journal of Medicine in 1996, invented the term “hospitalist”. The Society for Hospital Medicine now claims to represent 13,000 of the 44,000 practicing American hospitalists.

Twenty years later, patients are still dismayed to find their trusted physicians will not shepherd them through hospital stays. The substitution of hospitalists for personal physicians is met by confusion and blank stares. Most Americans are unacquainted with the hospitalist idea. People familiar with hospitalist care are rarely enthusiastic about it.

Not surprising. The Wachter and Goldman article didn’t mention patient welfare until a throw-away line at the end. They focused on the prospect of cheaper care first, then physician convenience. Finally, the two authors discussed the advantages of hospitalists for medical education. The authors brushed aside the most damaging effect of the hospitalist scheme with “…any possible discontinuity in care [emphasis mine] is outweighed by improved clinical outcomes, lower costs, better education for physicians…”.

Oh yeah “…and greater satisfaction on the part of patients.”

Perhaps only physicians marinated in academia could be so oblivious of the essential roles trust, understanding and familiarity play in patient satisfaction, much less healing.

Hospitalists: A New Breed of Physicians

Dr. Richard Gunderman posted an update on hospitalists last year in The Health Care Blog. Gunderman lists the benefits of hospitalists for each affected group. He talks about patients, hospitalists themselves, community physicians and hospitals. He hints at the advantages for the most powerful players —insurance companies, including Medicare—but doesn’t explicitly talk about them.

  • Benefits for Patients. Patients may get better care because clinicians are always available. Hospitalists are well-versed in hospital management and part of hospital teams, according to Gunderman. And they are skilled in the latest hospital medicine theories. Dubious advantages.
  • Benefits For Hospitalists. Hospitalists enjoy regular hours, predictable lives and no patient responsibilities off duty. These docs can avoid the messy work of caring for patients with chronic illnesses. Hospitalists need not waste time forming long-term bonds with patients. The hospitalist-patient relationship is a commercial transaction, not a healing relationship. No trust required because the patient has no choice. Patients are captives in hospital beds.
  • Benefits for Community Physicians. Community physicians no longer need to make rounds, a time-consuming and revenue-gobbling activity. Doctors only make money when they do something to or with patients. Driving to several hospitals or writing progress notes on inscrutable electronic records isn’t billable time. Further, they don’t need to stay current on acute care medicine and hospital procedures. Community based doctors can devote their efforts to chronic disease and preventive care. They have no responsibilities to their hospitalized patients.
  • Benefits to Hospitals. Hospitals have much to gain. Gunderman runs down a list of dividends that pile up for hospitals using dedicated inpatients physicians. All are some version of: It saves money. Hospitals can swell their revenue by controlling the hospitalists’ practice of medicine; demanding they deny admissions, force earlier discharges and withhold care. Then the hospitalists and their employers can dodge responsibility for the consequences. Patients turfed out of the hospital disappear. Vanished, like Brigadoon.
  • Benefits to Insurance Companies. Insurance companies and Medicare profit when costs are lower. Drs. Wachter and Goldman promoted hospitalists as a lower-cost way to give inpatient care. Their article promotes cheaper hospitalist care as the leading reason to hire hospitalists: “First, because of cost pressures, managed-care organizations will reward professionals who can provide efficient care.” Managed care was in its heyday in the mid-nineties when ways to control costs began. Managed care organizations fell off radar screens because of bitter patient blowback. Cost control pressure is even more intense now, however.

Commercial insurance companies and Medicare seemed to gain the most by the wave of hospitalists washing over unsuspecting American patients.

That is until the hospitalist management companies popped up.

Rent-a-Doc: Hospital Temp Services

Hospitals aren’t the only players feeding revenue streams. Enter hospitalist management companies, essentially rent-a-doc operations. Large health care systems and academic medical centers often use their own flocks of hospitalists. But many other hospitals are contracting with management companies that deploy platoons of hospitalists from coast to coast.

Where there’s money to be made, there are investors. Where there are investors, there are mergers and acquisitions. Sound Physicians is a hospitalist management company based in Tacoma, Washington. Sound Physicians’s tagline is “Hospital Medicine—the way it should be”.

Apparently Fresenius thought so. It’s a giant German health care conglomerate with a market capitalization of $23.31 billion. The folks in Bad Homburg, Germany parted with a small chunk of that change. Fresenius pumped $600 million into Sound Physicians’ bank account in July 2014, becoming the company’s majority shareholder.

Sound Physicians, with an invigorated balance sheet, did some shopping of its own. The company bought Cogent Healthcare in November. Cogent Healthcare, another hospitalist outfit, based in Tennessee. The combined company employs more than 2250 providers in 35 states.

The hospitalist management company, IPC Healthcare is self-described as “the nation’s leading national physician group…focused on hospital medicine”. It employs about 2500 “hospitalist providers” (includes nurse practitioners and physician’s assistants). Its closest competitor is Fresenius, according to Morningstar.

IPC beats Fresenius in another category, toothe unenviable federal lawsuit category. The company is alleged to have pressured its hospitalists to “upcode” or bill for more expensive services than they provided. This is a civil fraud case, no criminal conduct is charged. Yet if IPC hospitalists are shown to cave in to company pressure to submit fraudulent billings, what other pressures sway them?

Wachter’s World: One-Man Hospitalist Industry

Bob Wachter has done well for himself, too, since he and Lee Goldman published the NEJM piece almost twenty years ago. Many of his accomplishments are listed on his (modestly named) blog Wachter’s World. He heads the Department of Hospital Medicine at University of California San Francisco. He’s published many articles and several textbooks. Peer-reviewed journal articles and texts represent great effort, so some accolades Wachter’s received are earned.

Wachter has spun those accolades into gold. He sits on many boards, advises private companies and government agencies. He was named to the board of IPC Healthcare in 2013. His position is sweetened with various stock and stock option offerings. Wachter is transparent about his financial interests in companies tied to the hospitalist industry.

Wachter is a popular motivational speaker on the lecture circuit. Hard to say who’s more motivated though, the audience or the speaker. He reportedly rakes in more than $25K per speech and gives forty or so talks per year. A cool million would motivate lots of folks to jet around the country and yammer at friendly audiences.

Transparency and objectivity are different things. It’s commendable that Wachter is forthright about his commercial entanglements. But a long trail of studies in health care has shown doctors are influenced by treats like lunches and pens. Stock options and lucrative speaking dates are a new order of magnitude. Wachter has robust vested interests in ensuring hospitalists remain a flourishing breed.

Robert Wachter benefits mightily from the hospitalist crusade he birthed. He cheerfully takes credit for its purported successes. He seems less eager to take responsibility for the failures. Or the federal lawsuit.

Hospitalists: Hype, Hubris and Hypocrisy

Dr. Gunderman also identifies drawbacks to hospitalist care. Many physicians miss long-term ties with patients just as much as their patients miss them. Despite Wachter’s and Goldman’s dismissive attitude, discontinuity in care is an immense problem that’s not solved by technology. Gunderman points out the information in electronic records and “true knowledge of the patient” are distinct notions. Expert, safe care demands knowledge of the patient, not electronic data.

Hospitalists: Who’s the Boss?

Healers have served humankind for millennia. For centuries, trust in the medical practitioner has been the bedrock of care. Hospitalist arrangements erode that foundation.

Companies like IPC and Sound Physicians have a simple formula: The more patients their rent-a-docs see, the more money is made. So an ugly pattern of overworked hospitalists has emerged around the country. Hospitalists themselves have reported understaffing that leads to mistakes, poor communication and even patient deaths.

The hospitalist holy grail of cheaper care is undermined by short-staffing. The bigger the physician workload, the longer the patients’ hospital stays.  And the longer the stays, the higher the bills.

The Buck Stops Nowhere

When doctors hospitalized their own patients, the line of responsibility was clear.  The doctor worked for the patient and no one else. He or she owed a duty to the patient. Full stop. Now the lines have blurred or sometimes, disappeared.

Hospitalist management companies can be controlled from abroad. Hospitals contract with these companies. Physicians employed by the companies see patients in hospitals that want a return on their investment in these contracts. The hospitalists must answer to the hospitals, their employers, insurers and Medicare, perhaps the hospital medical staff.

The only people not owed any answers are patients.

Globalization at the Bedside

Professional practice is built on trust, responsibility and accountability.  It’s difficult enough for patients and families to trust strange hospitalists who dash through on shifts, perhaps three or four docs in a brief hospitalization.  It’s almost impossible, in the best of circumstances, to decipher which hospitalist handles what. Or who should be held responsible when things go sideways.

How much tougher will it be to trust the doctor at your bedside when she has foreign bosses peering over her shoulder, directing your care?  If this is the way hospital medicine should be, heaven help us all.

About the author: Chris Kapsa, NP, DNP has been in nursing for forty-five years, thirty years as a women’s health nurse practitioner. She pioneered private practice for nurse practitioners in Utah and now owns a patient advocate business, Kapsa Care Resources. She researches and writes about America’s chaotic health care system, especially problems of health care economics and distribution.

Birth Control vs Hysterectomy in Catholic Hospitals

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I was raised Catholic but did not agree with some of Church doctrine and left the Church as a young adult. In my wildest dreams, I never imagined that I would have a hysterectomy and be castrated in a Catholic hospital (or any hospital for that matter) for a benign ovarian cyst. You can read about my Unnecessary Hysterectomy here. I suspect many other women have had healthy organs removed at this greater metropolitan Catholic hospital or some other Catholic hospital. With hysterectomy the second most common surgical procedure and the prevalence of Catholic hospitals growing, millions of women likely have had unnecessary hysterectomies at Catholic hospitals. This made me wonder, why would the Catholic Church condone (and profit from) unnecessary hysterectomies but prohibit contraception. It seems a bit hypocritical at least, unethical at worst.

A Spider Web of Contradictions in Catholic Hospitals

Catholic doctrine prohibits contraceptives. Yet, Catholic hospitals perform hysterectomies and ovary removals (castrations) for benign conditions that can typically be treated with less drastic measures such as contraceptives. Hysterectomy is permanent birth control. So is removal of ovaries. How is hysterectomy justified but not contraceptives?

In an article entitled Do Religious Restrictions Force Doctors to Commit Malpractice, the hazards of treatment at religious hospitals are discussed. In the case of a potentially fatal ectopic pregnancy, removal of the fallopian tube which negatively affects fertility complies with Catholic doctrine while an injection of methotrexate that preserves the tube and fertility does not.

According to Catholic moralists, an injection that destroys an ectopic embryo is a direct abortion, while removing the part of a woman’s reproductive system containing the embryo is not.

But the end result is the same – a pregnancy is terminated. So why not at least preserve the woman’s fertility and health-promoting hormone production by administering the drug versus removing her fallopian tube?!

Another story in the cited article involved a woman with Lupus who was pregnant with a nonviable anencephalic fetus. Although continuing the pregnancy risked the woman’s health and her very life, pregnancy termination was denied.

The above situations would be considered medical malpractice since they caused harm to the patients. And what makes even less sense is that neither of these were viable pregnancies. Catholic Church dogma caused (intentional) harm to these women.

Another treatment done in Catholic hospitals that has me scratching my head is endometrial ablation. Although it reduces fertility, pregnancy can still occur but can be dangerous to mother and unborn child. So some form of birth control is recommended after ablation if tubal ligation was not also performed. Yet according to Is the Novasure System Ethical?, Novasure ablation has been given a passing grade by the Catholic Church. With the Church’s mandate against contraceptives, I wonder how many women are prescribed contraceptives to treat their heavy bleeding BEFORE this procedure is offered. However, in defense of the article, it does state that drug therapy is typically the first-line treatment after doing a full work-up to determine the cause of the bleeding. And if that fails then D&C should be the next step which should include polyp removal if polyps are found. However, it does not mention removal of fibroids despite being a common cause of abnormal bleeding. Although the article recommends starting with conservative treatments, the high rate of unwarranted hysterectomies and ablations indicate poor compliance with these standards.

According to a study published in 2008, the long-term problems caused by ablation too often lead to hysterectomy, the rate being highest (40%) for women having the procedure before age 41. This is further discussed in Endometrial Ablation – Hysterectomy Alternative or Trap?. However, again, in defense of the above cited Novasure article, it was published in 2005, three years prior to this study on the long-term effects of ablation. And, in addition to surgical risks, the article does mention the long-term risks of accumulation of blood in the uterus and the risk of impeding diagnosis of endometrial hyperplasia or cancer. Despite this 2008 study showing the long-term harm of ablation, the use of this procedure does not appear to be declining.

According to Catholic Doors,

To obtain a hysterectomy is a mortal sin.

The ruling by the Congregation for the Doctrine of the Faith stipulates that the only time a woman is morally permitted to have a hysterectomy is when the uterus is so damaged it presents an immediate threat to her health or life. [National Catholic Reported; August 12, 1994]

In general, an hysterectomy is morally justified if the removal of the uterus is necessary for grave medical reasons. It is not justified when the purpose is direct sterilization.

Therapeutic means which induce infertility are allowed (e.g., hysterectomy), if they are not specifically intended to cause infertility (e.g., the uterus is cancerous, so the preservation of life is intended). [Humanae Vitae]

Unnecessary Hysterectomy, Ethical Principles and the Hippocratic Oath

Birth control issues aside, how do all these overused gynecological procedures comply with the three ethical principles of the Catholic Church – respect for persons, beneficence, and nonmaleficence? For that matter, how do they comply with the Hippocratic Oath to “first, do no harm?” Since they cause harm, they violate the three ethical principles of the Catholic Church as well as the Hippocratic Oath. One must question if women are getting INFORMED CONSENT in any facility, religious or secular, but that is a topic for another day.

Ascension Health defines beneficence as follows:

As a middle principle, the principle of beneficence (and nonmaleficence) is the basis for certain specific moral norms (which vary depending on how one defines “goodness”). Some of the specific norms that arise from the principle of beneficence in the Catholic tradition are: 1) never deliberately kill innocent human life (which, in the medical context, must be distinguished from foregoing disproportionate means); 2) never deliberately (directly intend) harm; 3) seek the patient’s good; 4) act out of charity and justice; 5) respect the patient’s religious beliefs and value system in accord with the principle of religious freedom; 6) always seek the higher good; that is, never neglect one good except to pursue a proportionately greater or more important good; 7) never knowingly commit or approve an objectively evil action; 8) do not treat others paternalistically but help them to pursue their goals; 9) use wisdom and prudence in all things; that is, appreciate the complexity of life and make sound judgments for the good of oneself, others, and the common good.

Why is Hysterectomy So Pervasive at Catholic Hospitals?

For Catholic hospitals with accredited Graduate Medical Education (GME) programs, resident minimum surgical requirements may very well increase the rate of unwarranted hysterectomies. But that is certainly a poor excuse for removing an organ. Even so, if they can get around the GME abortion requirements for religious reasons (Catholic hospitals will not perform abortions) they should be able to do the same for hysterectomies, 98% of which do not meet the “grave medical reasons” test.

Hysterectomies and ablations (that too often lead to hysterectomy) are big business. Hysterectomies are estimated at generating $5-16 billion annually, and so revenues may be another reason Catholic hospitals prefer gynecological procedures over medical (pharmaceutical) intervention (birth control or other). Refusing to prescribe contraceptives may increase their ablation and hysterectomy business and therefore their bottom line. So the 76% of hysterectomies that don’t meet ACOG criteria may be even higher in Catholic hospitals. And the ongoing negative health effects of these procedures further contribute to the bottom line of these “health care” conglomerates.

Could profits trump Catholic doctrine on contraceptives and Catholic ethical principles when it comes to performing destructive gynecological procedures in Catholic hospitals?   

My experience certainly proves this as all my sex organs were removed for a benign ovarian cyst, certainly not a “grave medical reason.” I can say the same for many other women with whom I’ve connected since my unwarranted hysterectomy and castration. And the overuse of ablation appears to be just as rampant. This procedure is being done on women in their 20’s and 30’s, many of whom are now considering hysterectomy or have had one to get relief from the post-ablation pelvic pain.

Just as a man’s sex organs have lifelong (non-reproductive) functions, so do a woman’s. Any procedure that disrupts their normal functioning can cause permanent adverse effects. At least medications can be stopped if the side effects outweigh the benefits.

For more information on the necessity of the uterus beyond the childbearing years, watch this video.

 

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Health at the Nexus of Economics and Innovation

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Health innovation exists largely because of the promise of great profits. Whether it is new drugs, devices or even health insurance, the development of these products are firmly established capitalist endeavors. Health itself, however, like life, liberty or even the pursuit happiness exists on a different plane entirely, more closely aligning with the right of life than with a corollary product or commodity. Where it gets squishy is in determining who is responsible for paying for that right, especially when someone chooses to ignore the responsibility of good health, is genetically burdened with ill-health, faces poverty, or as is the case in modern industrial society, is sold ill-health by companies whose very existence depends upon products that cause illness.

Where do one’s right of life and presumably some quality of life or health end and the right to profits begin? Who shall pay for these rights? And are there innovation opportunities in defining or re-defining health as a right versus a product or a commodity?

Understanding Moral Hazard and Modern Health Care

In 2009, with the financial system in ruins, the phrase moral hazard burst into the daily lexicon. One could not listen to a news report without hearing how those responsible for the crisis pushed all of the risks of their highly profitable ventures on to everyone else – textbook moral hazard. And then, to make matters worse, we were being asked to bail out these giant institutions that crumbled our economy, while they continued to reap huge salaries and bonuses. The gall…

Many view health insurance and by association, healthcare, as an industry based upon moral hazard. Unlike the moral hazard of the current financial markets, however, where the chosen few distribute risk downward to the many, the moral hazard in health care presumes that the many distribute the risk back up to the few, those presumably responsible individuals, who are healthy. Indeed, the distribution of risk penalizes good health with the increased cost of bad health borne by all. “How dare we be asked to pay for our neighbor’s smoking or obesity?” The gall…

What is often missed in our moral outrage, is how being sick reduces the profitability for those at the top of the insurance industry. This is the crux of modern health care’s fatal flaw – a skewed version of moral hazard where health care is a commodity that few at the top of the food chain are willing to risk on those at the bottom.

Health Economics

Modern theories of health economics argue that the act of providing health care services to all and the distribution of those costs amongst everyone will reduce the total financial risks but also increase the need for care, and therefore reduce profits. The presumption is that when people are given low-cost health care will, they will choose to partake in more health care services in much the same way that lower prices encourage other product purchases.

Appendectomy anyone?

Despite the almost comical notion that people enjoy going to the doctor’s office and/or to the hospital in the same way they enjoy purchasing a new handbag, or that these services are like any other commodity driven purely by access and cost, this concept of moral hazard pervades the health care/insurance debate, with nary a question of its legitimacy or utility. What is more, this model likely reduces overall profitability of the industries that seek to reap the rewards from health while increasing the profits of those who benefit from illness or at least benefit from ignoring the illnesses their products cause.

Health Innovation

If health innovation (the products within the health care system, new drugs, devices, programs, vitamins etc.) are only developed on the promise of great profits, how does that square with the notion that individuals really don’t want to go to the doctors unless they have to? How do we reconcile the need for health innovation to maintain our economic and health vitality and the premise that health care isn’t a product in the traditional sense; that it isn’t needed or wanted until it is needed?

Marketing Health (or Illness)

The current healthcare business model answers that question with marketing. Make the consumer or the physician want or believe they need the products being sold. The pharmaceutical industry is quite successful marketing must-have medications and products and they do so by employing the same tactics and strategies used to market any other consumer product.

Indeed, the newer model products/drugs are akin to the designer versions of a handbag and yield the same ‘must-have’ response from the consumer (even the physician) who is willing to pay premium prices for the latest and greatest medication. Like the must-have handbags, newer drugs often have no more efficacy than older ones (sometimes are worse), often contain only single isomer changes  (meaning molecularly they are almost entirely the same drug as the earlier, cheaper version e.g. Lexapro and Celexa) and more often rest the perceived utility solely on re-branding. A brilliant model if it wasn’t health or life and death that was for sale.

Another Way

What would happen if health was re-conceptualized as a right? If it were considered a right, then there would be a duty to protect it, legally. The current practice approving drugs and devices would look very different than it is today. From a market standpoint, the backlash from those who profit from illness would be swift and intense, but the potential for innovation and profits from other sectors could be equally strong, if the opportunity is recognized.

As it stands, we have big pharma, big agriculture (pesticide and herbicide use), big coal, big tobacco and other industries profiting wildly from their products, while distributing the health and economic risks downward to the masses in the classic model of moral hazard. These industries bear little to no responsibility for the true health costs of their products. Those risks are dispersed over time and over millions of people.

On the other side, we have the health care industry, straddled with the burden of caring for an ever less healthy populous while simultaneously having to answer to shareholders demand for profits. Their model of moral hazard proscribes increased profits for the top, increased cost for the healthy, and reduced services for everyone else. The health care industry pushes back on the individual, dis-enrolling, reducing access, but pays little attention to the purveyors of bad health. They buy hook-line-and-sinker the notion that the individual is solely responsible for his/her health. And while that is true in many cases, in today’s cesspool of environmental carcinogens, dangerous and eventually recalled (although not before the damage is done), pharmaceuticals and devices, endocrine disruptors, and generally unhealthy food supply, no individual alone can avoid all contact with the garbage that is in our environment and ultimately causes illness. And they shouldn’t have to. If the industries that currently lose money from illness (insurance, hospitals, employers), would step in and push back against those that profit from illness, we would see a radical change in disease rates, an enormous reduction in health care costs and an incredible increase in innovation.

If health were a right akin to the right of life, then products that affect health would be judged not just on the perceived profit margin, but on the actual cost/benefit ratio to health. The economics of health would switch from how do we distribute the cost of ill-health among the masses to how do we reduce ill-health of the masses. If a product causes more ill health and costs more than it benefits, perhaps it shouldn’t be on the market. Right now the debate is over how not to break the bank by including sick people on the insurance rolls or providing access to care for the poor, perhaps the math would work better if we looked how to prevent illness in the first place.