« BACK  |  PRINT

RS

FRONT PAGE CONTRIBUTOR

The Downside of a ‘Public Option’: Oregon’s Physician-Assisted Suicide Promotion and Overall Rationing of Care

If you haven’t, read Erick’s post about an Oregon public health plan (“public option”) administrator responding to a cancer patient’s request for subsidized chemotherapy with a denial of treatment but an offer to fund a physician-assisted suicide.

Now, know this: over the course of this decade, the state of Oregon has put in place a formal procedure for rationing care to patients whose health coverage is subsidized by government (i.e., who are enrolled in some form of the state’s “public option”). To date, they are the only government in the world to have formally done this, though many — from Britain to Canada to states here in the U.S. — work “cost-effectiveness” into their official denials of medical treatment.

After beginning the process of determining the cost-effectiveness (to the state) of hundreds of medical treatments and procedures in 2002, the Oregon Health Services Commission narrowed down the number they were willing to entertain offering coverage for to 680, ranked in order of state priority. This year — 2009 — the state will only reimburse physicians for performing procedures and offering treatments ranked in the top 503, in ascending order of priority.

Recipe for Denial of Care

WHAT THIS MEANS, of course, is that a patient enrolled in the “public option” who was in need of a treatment or procedure the commission decided to rank 503rd or below in priority would be ineligible for that procedure — period. Further, state bureaucrats balancing Oregon’s figurative checkbook could decide that the Beaver State only had enough health care dollars to fund some of the procedures on the list. This is where the prioritization comes in: under the state’s rationing procedure, a person in need of an emergency appendectomy (prioritized 84th by the the state of Oregon) would be denied that treatment before an individual in need of treatment for “tobacco dependence” (ranked 6th).

Does that sound a bit perverse to you? How about this: the state rationing board ranked abortion 41st overall in state-funding priority, meaning the bureaucrats who designed the priority structure in this “public option” program determined that the use of taxpayer funds for abortion is more important (and more medically necessary) than covering injuries to major blood vessels (ranked 86th), surgery to repair injured internal organs (88th), a “deep wound to the neck” or open fracture of the larynx or trachea (91st), or a ruptured aortic aneurysm (306th).

Also of note is the fact that treatment for esophogal, liver, and pancreatic cancers take up priority slots 337 through 339, with treatment for stroke at 340 — all over 300 places behind Obesity (8!), Depression (9), and Asthma (11).

That Pesky “Prolonging of Life Issue”

In the “Intent” section of the state’s rationing guidelines, the bureaucrats responsible for the prioritization and denial of care make clear their view on end-of-life treatment and treatment for the chronically ill. It is, in a nutshell, “make them comfortable, but do not extend lives” — because these bureaucrats have determined, apparently, that the state’s “public option” health care dollars need to be saved for use on the healthy (or the tobacco-addicted), rather than on those who desperately need them.

From the report:

It is the intent of the Commission that comfort/palliative care treatments for patients with an illness with <5% expected 5 year survival be a covered service. Comfort/palliative care includes the provision of services or items that give comfort to and/or relieve symptoms for such patients. There is no intent to limit comfort/palliative care services according to the expected length of life (e.g., six months) for such patients, except as specified by Oregon Administrative Rules.

That all sounds fine and dandy — until you get to the fine print (page 97 of the 143-page rationing guide), where what is and isn’t covered is listed. What is covered includes:

1) Medication for symptom control and/or pain relief;
2) In-home, day care services, and hospice services as defined by DMAP;
3) Medical equipment (such as wheelchairs or walkers) determined to be medically appropriate for completion of basic activities of daily living;
4) Medical supplies (such as bandages and catheters) determined to be medically appropriate for management of symptomatic complications or as required for symptom control; and
5) Services under ORS 127.800-127.897 (Oregon Death with Dignity Act), to include but not be limited to the attending physician visits, consulting physician confirmation, mental health evaluation and counseling, and prescription medications.

And, more importantly, what is not covered:

1) Chemotherapy or surgical interventions with the primary intent to prolong life or alter disease progression; and
2) Medical equipment or supplies which will not benefit the patient for a reasonable length of time.

“Reasonable length of time” is, of course, an arbitrary measure left entirely up to the bureaucrats counting the change in that year’s budget. In other words, if everybody in the state with all 503 conditions has been treated (in order of priority, of course) and there is money left over in the “public option” cookie jar, then a “reasonable length of time” that drugs or treatments would benefit a patient may be defined as a bit longer than it would be if there weren’t enough funds to go around for those whose illnesses and conditions qualify them for preferential treatment under the state’s official rationing policy.

Either way, folks’ health care — and, ultimately, length of life — is being left up to state bureaucrats.

Politics and Medicine Make Poor Bedfellows

State administrators say they chose to focus on “less costly” preventive care (whose money-saving bona fides are dubious at best) when devising the state’s rationing program, rather than on medical conditions and emergencies in hopes of saving more money in the long run. However, much like the often-ridiculous mandated coverages on state health insurance policies that serve to drive up health insurance costs across the country, the determination of what will be covered and where it falls in the priority list was heavily influenced by special interest groups that have the ear of state government officials and cost-effectiveness-regulating bureaucrats.

In other words, this politician-run medicine has fallen victim to…politics. As the Pacific Research Institute’s indispensable John Graham posted yesterday on Twitter, “the best way to keep politics out of medical decisions is to keep politicians out of medical decisions.”

Oregon residents like Randy Stroup are finding that out the hardest way possible. Despite the President’s persistent push to remake America’s health care system in Oregon’s image, we as a nation can’t afford to learn the same lesson as Oregon the hard way.

COMMENTS

  • E Pluribus Unum

    And that’s what the Obamanistas want here. Chapter and verse.

  • mnut

    You clearly have no idea how to read this document. A person would not be denied and appendectomy over a person with “tobacco dependency.” If that were the case then EVERY case of appendicitis covered by Oregon in the state would be fatal. It is not a “wait and see” issue.

    Next, I’ll give you $1,000 if you can proved that your own health insurance doesn’t have the same type of issue where they deny you care if there is a < 5% chance of 5 year survival. They ALL do.

    Additionally, most people are dropped by their group coverage long before it even comes to this.

    Here is what happens: you have group coverage through your employer and become very sick with, say , cancer. Once you move into the companies defined “long term disability” you are force into COBRA. COBRA benefits means that you pay “full price” for your health insurance (usually 3-4 times your previous coverage payment). But because you are not on 40-60% of your base salary you can’t afford the $900+ for health insurance and you’re dropped.

    Our health care system is not the greatest on the planet because of private health insurance. It is the greatest on the planet because of a great educational system. None of the great health care advancements to come out of this country came from the private sector. NONE!

    • E Pluribus Unum

      Our health care system is not the greatest on the planet because of private health insurance. It is the greatest on the planet because of a great educational system. None of the great health care advancements to come out of this country came from the private sector. NONE!

      (1) a “great educational system”? Yeah.
      (2) I would wager that MOST great health care advancements of any note came from the private sector. In general, by overcoming a crapload of interference from bureaucracies and plaintiff lawyers.

      You got a bug up your butt about insurance companies. Fine. I’m not overly fond of them myself, but the environment created by ambulance-chasers and an insane bureaucracy is what made the costs of the whole health care industry so off-the-planet.

      Government takeover of the industry will obviously make the situation worse, not better.

    • http://jeffemanuel.net Jeff Emanuel

      You clearly have no idea how to read this document. A person would not be denied and appendectomy over a person with ?tobacco dependency.? If that were the case then EVERY case of appendicitis covered by Oregon in the state would be fatal. It is not a ?wait and see? issue.

      As I clearly stated in the column, the prioritization of covered treatments (by the way, 503 is a pretty low number of coverable conditions, wouldn’t you agree?) comes into play when the state is judging what to do with its finite amount of dollars. If there’s only enough money to provide tobacco addiction assistance OR to fund an appendectomy, the former gets the coverage. Period, dot, end of story.

      Next, I?ll give you $1,000 if you can proved that your own health insurance doesn?t have the same type of issue where they deny you care if there is a < 5% chance of 5 year survival. They ALL do.

      Playing the game of equivalence between Obamacare/”public” coverage and private insurance is a non-starter. The entire rationale for a government-centric health overhaul — and for a “public option,” like the one in Oregon I wrote about here — is that it provides better, more accessible, and more humane coverage than those eeeeevil private insurers. When called on that fallacy, though, you and those like you want to slip from an argument of superiority to one of equivalence. I’ll thank you to leave the goal posts on this field buried right where you first put them.

      Additionally, most people are dropped by their group coverage long before it even comes to this.

      Looking for your citation….oh, right, you don’t have one, do you?

      Getting back to that superiority vs. equivalence argument, is the point of that comment to say “look how humane this program is — they’ll keep you on even while not doing anything to :prolong your life” or “alter disease progression” (read: cure you)”?

      Here is what happens: you have group coverage through your employer and become very sick with, say , cancer. Once you move into the companies defined ?long term disability? you are force into COBRA. COBRA benefits means that you pay ?full price? for your health insurance (usually 3-4 times your previous coverage payment). But because you are not on 40-60% of your base salary you can?t afford the $900+ for health insurance and you?re dropped.

      Hm. My wife is on COBRA, and based on the checks I write each month, your numbers are BS.

      Moving on from that, though, are you (again) trying to make the case that this “public option” program is superior to private coverage because it allows you to die while being able to say you had some form of “coverage” up to the (accelerated, based on public option rationing policy) end? Is that really the best argument you have to make?

      Our health care system is not Cbecause of private health insurance. It is the greatest on the planet because of a great educational system. None of the great health care advancements to come out of this country came from the private sector. NONE!

      First off, I’d love to see you try to explain (with citable facts) your claim that our health care system is the “greatest on the planet” (which it is — thanks for acknowledging that, and please explain to me why we’re supposed to support trading it in for a lesser model) “because of a great educational system.” Really, something that shows that correlation would be great. Anything.

      Second, nobody said private health insurance was the reason our health care system was “the greatest on the planet.” In fact, I’d argue that we’re held back in large part because of our dependence on insurance. If doctor visits and small medical expenses were paid out-of-pocket, instead of through a third party, then costs would come tumbling down, both because we’d be cutting out the middle man and because folks would actually know what things cost and, through the power of the consumer’s purse in a free market, effectively demand that those prices drop to a level they could — and were willing to — pay. Insurance shouldn’t be the payor for every expense; rather, it should be insurance against catastrophic events.

      You don’t go through your homeowner’s insurance underwriter to purchase a new light bulb for the front porch, screen for your window, or doorknob for your bedroom door. Doing so would be ludicrous, because it would jack up your premiums, cause the price of those goods to rise as a result of administrative and middle-man-salary costs, and give you less control over your home repair dollars. So, you pay those minor expenses out-of-pocket and rely on insurance to back you up in case of unaffordable catastrophe.

      The same should be true of health care. Unfortunately, not only do we honor (and pay for) the Unholy Trinity of Insurer-Doctor-Patient (with each leg of the triangle only being able to communicate and exchange resources with one other) in every medical transaction, but anti-private industry zealots like yourself and government-control advocates like the President, the Speaker, and others are working hard to permanently enshrine us in an even more inviolable version of such a system with your “single payer” advocacy.

      The middle man needs to be cut out, not to have an impassable wall built around him by government.

      And that brings me to your final “point”: that the private sector has never made a medical advancement. I’d say you must be joking, but you’re clearly incapable of such a thing. So, let me just rattle off a few private sector health care advancements for you: the diphtheria antitoxin, the smallpox vaccine (the only one on this list that wasn’t made in this country), the discovery of DNA structure, discovery of the genetic structure of viruses, penicillin (both discovery and development), and vaccines for polio and pneumonia.

      I’m sure you’ll ignore this last, though, as you appear to be a true believer. In fact, I hear that if you cover your ears and shout “the private sector has never accomplished ANYTHING!” and “government is the best, most efficient, and most productive producer of everything ANYWHERE!” enough times, it can actually come true.

      Don’t let me stop you trying that. Just remember, you have to keep saying it until it happens. No stopping and no quitting allowed, or your wish just won’t come true — and that would make us all sad, wouldn’t it?

      • http://andrightlyso.com/ civil_truth

        He overdosed on trolling, and Jeff put him out of his misery.

        Excellent refutation, though.

        • http://andrightlyso.com/ civil_truth
        • tanstaafl1019

          is actually almost worth having on its own.

      • http://www.fredsnews.com Fred Maidment

        Jeff, the last few points you made after (after all his quotes) would make an excellent diary just on their own.

        We need to separate the idea of “health care” and “health insurance.” One is just a method of streamlining payments. The other protects us against catastrophes. We’ll never have affordable health insurance as if we can’t separate these ideas.

  • persiflage

    as a young man, I suddenly became very ill and was diagnosed with acute promyelocytic lukemia – with a 3-4 percent 5-year survival expectation.
    Under the Oregon “public” program, I suppose I would have been denied chemotherapy.
    And that would have been a shame, eliminating my future career as a Civil Engineer, and my three children, two of which are now equipped with doctorates. But I was paying for a health insurance plan, access to which was provided by my employer, and it was willing to pay for (some costs of) efforts to eradicate the disease. It still took me six years to pay off the co-pay required by the insurance plan, but that was OK considering the alternative – death – and I never had any expectation that my acute health care would be “free”, or would be paid for by my neighbors (that is, “the government”).

  • http://beaglescout.wordpress.com LJ “Beaglescout” Miller

    Per this
    >>>This year ? 2009 ? the state will only reimburse physicians for performing procedures and offering treatments ranked in the top 503, in ascending order of priority.<<<

    Something with a priority of 503 would be top priority, 502 next, on down to 1 as the most likely treatment to be denied for cost. This makes sense, since treating something like depression at a priority of 8, is enormously costly and usually doesn’t do a darn bit of good. This does not counter your general argument, however, which is that this is still rationing and they will pay to kill a woman’s baby in her womb before they pay to treat the same woman for the depression she went into because she aborted her child.

    On the other hand, if she gets really bad they’ll pay for her to kill herself “with dignity.”

    • http://beaglescout.wordpress.com LJ “Beaglescout” Miller
      • mom2oneson

        no way would trachea injury or an AAA be below other stuff on the list.

        There is losts of upsetting things with this issue but just one point with this death with dignity/euthenasia stuff is what about TREATMENT FOR DEPRESSION???? That is well beyond suicidal ideation if they are discussing assisted suicide. We have have laws to protect the mentally from themselves when suidical, why aren’t these people giving the same protections? What about proper psychiatric care? Every physician that doesn’t admit these patients and put them on a suicide watch should be prosecucted.

        That last highlighted part is upsetting too..so many issues there with people with terminal illness. :(

    • http://jeffemanuel.net Jeff Emanuel

      Unfortunately, the higher number doesn’t indicate more weight in the system — in indicates a lower priority.

      The state made a very big deal about this year’s rankings at their release, playing up the fact that “prevention” (tobacco cessation, obesity treatment, abortion, etc.) was the new focus and highest priority of the State (and of the rationing council).

      It’s illogical, counterintuitive, and perverse…but it’s right (it’s government).

      That fact is borne out on the Oregon Health Services Commission’s website, which explains both the mindset and methodology behind the rankings.

      In part, it says:

      [T]he rankings of the Prioritized List of Health Services included in this report are based on the first revision of the prioritization methodology since the Oregon Health Plan’s implementation in 1994. This methodology places a new emphasis on preventive care and chronic disease management in the recognition that the utilization of these services can lead to a reduction in more expensive and often less effective treatments provided in the crisis stages of disease. The methodology also reflects a better account of clinical effectiveness and cost-effectiveness into the ranking of health services as directed by Section 8 of House Bill 3624 (2003) and codified in ORS 414.720(4b).

      Further, on the methodology page, it says:

      In the summer of 2005, as the HSC began to prepare for the biennial review of the list. The Commission was encouraged to ask themselves whether the basic structure of the list represented what they truly considered to be the most important to the least important. It was suggested that a higher emphasis on preventive services and chronic disease management would ensure a benefit package that provides the services necessary to best keep a population healthy, not waiting until an individual gets sick before higher cost services are offered to try to restore good health again.

      The HSC believed that placing a higher value on prevention and chronic disease management was a good idea on its face and could be crucial in maintaining a sustainable program as we face an aging population. …Some of the services moving towards the top of the list as a result of this reprioritization include maternity care and newborn services, preventive services found to be effective by the US Preventive Services Task Force, and treatments for chronic diseases such as diabetes, major depression, asthma, and hypertension

      By the way, the reason the covered conditions list dropped from 680 to 503 is because people were dropping out of the program (enrollment went from “over 100,000 to under 24,000…over the last three years,” according to the OHSC) and the powers that be decided that cutting coverage for those who were still enrolled was a worthwhile trade-off to be able to afford to bring more people back into the program with expanded eligibility requirements — despite several Commission members’ disagreement that drastic coverage cuts were worth the mere 4,000-enrollee increase those cuts would bring about.

      Again, according to OHSC’s website:

      To note, the present cost of covering the much reduced OHP Standard population is currently higher at a per-person level due to higher chronic disease prevalence and service utilization[Ed: This was supposed to save big bucks, remember?]. …Health Services Commission members continue to believe that it is preferable to provide a reduced benefit package focused on preventive services and chronic disease management to the OHP Standard population and encourage the legislature to consider ways to use the new Prioritized List as a means to achieve expanded access.

      It’s very, very ugly when seen up close — as are most things when government is involved.

      • http://beaglescout.wordpress.com LJ “Beaglescout” Miller

        They are subsidizing healthy people instead of protecting people against catastrophic sickness and expenses. Isn’t that exactly the opposite of what health insurance has always been intended to do?

        Wow!