Tag: Obama Administration

Fix The Broken Foundation Before Building A Skyscraper On Top Of It

Posted by – August 22, 2009

My biggest beef with Health Care Reform right now is that we’re building a new tower on top of a broken foundation. Medicare and Medicaid are badly broken, and we’re building more programs on top of that. Bad idea.

Insurance company bureaucracy is even worse, but federal programs have to be significantly better in the future for there to be meaningful competition. Right now, the government health care system is still far too fail. Medicaid is deeply corrupt, admitting people to nursing homes because institution owners and their lobbyists line the pockets of state legislators; people are even stripped of home care just for turning 21, and forced into institutions. As far as Medicare goes, its fee schedule encourages procedures over responsible diagnosis and management, causing the death of primary care and creating a costly and disastrous situation for patients. An old man will have no problem finding a cardiologist to do an angioplasty, but may find it near-impossible to find a primary care specialist who can manage him with meds instead.  A crude example, but it speaks to how costs can explode when so few primary care docs are around and it’s mostly proceduralists who have survived the extinction. Most new doctors the past few decades have stayed away from family practice because Medicare’s the AMA’s drastic undervaluing of the E&M (evaluation and management) reimbursement codes make it difficult to survive financially as primary care physicians. You get what you pay for, and Medicare (and the private insurance industry that follows Medicare’s lead) pays for procedures, procedures, procedures, NOT talking to patients and thinking about what’s best for us. According to Medicare, taking a detailed history from a patient is worth nothing more than something like the first 27 seconds of a proctoscopy; I rarely see doctors taking detailed histories anymore, outside of residents in university hospitals who are ordered to do so. Do plenty of docs have to do more and more procedures just to stay afloat and keep their doors open? YES!!

Aside from a fee schedule that has buried primary care and incentivized unnecessary procedures, Medicare has also become such an unwieldy bureaucracy that even the most basic functions are drowning in red tape.

Read this personal experience from primary care specialist Dr. Toni Brayer:

Dear President Obama,
I am in favor of Health Care Reform and I agree with you that universal coverage and eliminating the abuses that both patients and doctors have suffered at the whim of the for-profit insurance industry must be curtailed.

But I also want you to fix Medicare. Medicare is so bureaucratic that expanding it in its current form would be the death knell for primary care physicians and many community hospitals. The arcane methods of reimbursement, the ever expanding diagnosis codes, the excessive documentation rules and the poor payment to “cognitive, diagnosing, talking” physicians makes the idea of expansion untenable.

May I give you one small example, Mr. President? I moved my medical office in April. Six weeks before the move I notified Medicare of my pending change of address and filled out 22 pages of forms. Yes, Mr. Commander in Chief…22 pages for a change of address. It is now mid-August and I still do not have the “approval” for my address change.

I continue to care for my Medicare patients and they are a handful. Older folks have quite a number of medical issues, you see, and sometimes it takes 1/2 hour just to go over their medications and try to understand how their condition has changed. That is before I even begin to examine them and explain tests, treatment and coordinate their care. Despite the fact that I care for these patients, according the Medicare rules, I cannot submit a bill to Medicare because they have not approved my change of office address.

I have spent countless hours on the phone with Medicare and have sent additional documentation that they requested. I send the forms and information “overnight, registered” because a documented trail is needed to avoid having to start over at the beginning again and again. I was even required to send a signature from my “bank officer” and a utility bill from the office. Mr President, I don’t have a close relationship with a bank officer so this required a bank visit and took time away from caring for patients…but I certainly did comply.

I am still waiting to hear from Medicare. At my last call they said they had not received yet another document, but when I gave them the post office tracking number, they said it was received after all. They could not tell me when or if they will accept my address change.

I have bills stacking up since April and I just found out that they will not accept them if they are over 30 days old. I have cared for patients for 5 months and will not receive any reimbursement from Medicare. The rules state I cannot bill the patient or their supplemental Medicare insurance either.

Believe me, Mr. President, I commend you for taking on such a huge task. Please also know that Medicare reform is needed along with health care reform.

A loyal American,
Internal Medicine (aka: primary care) physician

Source: EverythingHealth: Fix Medicare

It seems like the government doesn’t want doctors participating in Medicare, and makes the reimbursements so low and the hassles so high (they can’t even manage a simple change of address without a half-year bureaucratic nightmare) that more and more providers just give up. Yes, this is yet another case of the government’s unfortunate cranial-rectal inversion.

Dr. IcedLatte lists more aspects of modern medicine that desperately need to change here.

The Tower of Babel

The Tower of Babel

I support a public option in the new health care reform package, but (unlike some conservatives) I realize we already have several widely-used public options, Medicare and Medicaid, that the government runs, and should fix as a core part of health reform. If a new government program just continues the failures of Medicare and Medicaid, that’s not reform. We have to include the CCA in the bill, include a wider adoption of the PROMETHEUS bundled payment system (PROMETHEUS stands for Provider payment Reforms, Outcomes, Margins, Evidence, Transparency, Hassle-reduction, Excellence, Understandability, Sustainability) so that the government’s skewed, guaranteed-to-fail fee for service billing system doesn’t bankrupt Medicare. Don’t build a tower of babel that’s just going to fall. Listen to all the experts, doctors and patient advocates, and FIX MEDICARE AND MEDICAID. I agree (mostly) with this article by David Ignatius, focus on health system reform, not just “health insurance.” We have to fix the foundation or the new skyscraper is going to collapse.

Nick

Disabled Still Forced Into Institutions Just For Turning 21: Open Letter To The Disability Community, August 2009

Posted by – August 2, 2009

Obama Administration Signs the CRPD Treaty, But Is In Flagrant Violation Of It, The ADA, Olmstead, and Its Own “Year of Community Living” PR Campaign, As Arbitrary Termination of Medicaid Home Care Services at Age 21 Continues Unabated

The recent addition of the U.S. as a signatory to the UN Convention on the Rights of People with Disabilities (CRPD) has been much ballyhooed. Any idea if/when Article 19 of the CRPD Treaty will be enforced? That’s the article that guarantees me community choice, the freedom to live in my community, without fear of being segregated in a nursing home because the government will only provide care in institutions. You know, the right to “the most integrated setting” that TEN YEARS AGO the Supreme Court ruled we’re entitled to under the ADA?! This is particularly bitter for me because I am currently STUCK IN AN INSTITUTION.
Why agree to Article 19 when we are not following it?! The feds continue to look the other way while poorer states cut off community services for the severely disabled just because they’ve turned 21, and leave them no choices but death and/or an institution. I had to fight that policy years ago in Alabama, and won, but apparently this despicable practice is still going strong in Illinois, as I recently read on VentWorld:

My son turns 21 at the end of August and will lose his current funding source. There are no adult waivers or funding that would provide him with the same level of support he has now. Trying to get info to prove that he would NOT be safe in a skilled nursing facility or nursing home. I found a web site where I can look up the name of a home to find out their staffing levels, ratios, violations, etc. but I have to know the name of the homes first. When I do search for homes the results are not specific to ones that can handle complex ventilator care. The state of Illinois wants the cheapest plan for my son which means without proper documentation they will only provide him with minimal funding for nursing care in our home. He currently has 114 hours per week and 336 respite care hours per year. The state is saying the adult program only allows for about 30-40 hours per week – more if we use non-skilled people. The state wants to find the cheapest way to care for him and if that is a nursing home then I must have proof that the staffing ratios will not be adequate for him. Plus there are no facilities anywhere close to where we live so he would have to leave his community, his friends, his family, his job, etc. He is very social, wants to continue living at home and just because he has a birthday his life is being turned upside down. If you know of facilities that take patients 21 years of age or older with complex ventilator care and what level of staff and their ratios please respond. Thank you.

I’ve been fuming furious ever since I found this post a few days ago; despite all my years of work on the 21 “aging out” policies, despite the fact that I brought national attention to the problem and forced the HHS secretary to notice, the government (state AND federal) are still allowing this unintended consequence of the EPSDT program to put even ventilator-dependent people and their families in a horrible, untenable positions where their lives will be torn apart at best, and lost to nursing home neglect at worst. For adults, it’s incredibly difficult to remain at home if you have a severe disability. As Dr. Ford Vox wrote in a recent piece in Salon: “…if your electric wheelchair breaks down or needs a new battery, we’ll have no problem moving you into a nursing home. You’d prefer a new battery so you can continue living at home? You picked the wrong state. As a poor Missourian, you’ll have no more than 30 days for your rehabilitation. Not quite ready to go home? Need a few more days of intensive therapy? Again, you picked the wrong state. Missouri Medicaid wants to admit you to a nursing home so much that it also doesn’t allow for outpatient physical therapy services or in-home therapies, taking another essential tool out of the hands of your medical team.”

We won CRPA, The ADA, Olmstead, and more, but our victories seem almost inversely proportional to the realities on the ground, as states slash services to the bone at the same time as the disabled population (uninsured or uninsurable) grows. The president announced his “Year of Community Living” as a mother in Illinois prepares to move her ventilator-dependent son away from his job and community and into an institution just because he’ll soon turn 21 and “age out” of what little services the feds require state Medicaid agencies provide to children.

The “out of sight, out of mind” mentality of our politicians makes me angry; the fact that so many advocates in the disability community, who should be fighting for our most vulnerable people, are every bit as unaware of the 21 cutoff infuriates me. The termination of Medicaid home care services at 21 is like this wormhole that’s continuing to suck innocent people in and lead them to institutionalization and/or death, and the fact that I’m (as far as I know) still the only activist noticing this and fighting back is intensely frustrating and disturbing. We’ve GOT to stop fiddling while Rome burns, and unite to end the worst injustices. And the ongoing FAILURE to rectify the 21 cutoff situation should certainly be at the top of that list.

Nick

Alabama’s Own Regina Benjamin, Advocate For Nick’s Crusade, Named Surgeon General Of US

Posted by – August 1, 2009

Congratulations, Regina Benjamin!!

I couldn’t think of a better candidate for Surgeon General than Dr. Benjamin, and I was surprised and pleased that someone from my old hometown that I am familiar with hit the big-time!

President Obama announces Regina Benjamin as his nominee for Surgeon General

President Obama announces Regina Benjamin as his nominee for Surgeon General

Dr. Benjamin works in a clinic in Bayou La Batre just south of Mobile, Alabama (where I’m from). As far as I know, she’s the first Surgeon General to come directly from the trenches caring for the poor, not a hot-shot surgeon who never sees the outside of a hospital, a public health administrator, or a leading health care CEO well-known among country club political donors. ALL Surgeons General should be from the hands-on world, with experience with the hard realities of getting appropriate health care for America’s poor majority.

No one knows these tough realities better than Regina Benjamin, who is one of the only doctors in the small shrimping town of Bayou la Batre along the Gulf of Mexico, where old French Catholic and old Anglo Catholic families have fished and shrimped for centuries, and South Vietnamese (Catholic) shrimpers fled as war refugees after the Vietnam war ended. Bayou la Batre attracted many Vietnamese families because it’s one of the only rural shoreside shrimping villages in America similar to theirs back home, where they can live in a similar environment and work with fishing nets in the ways their families have for millennia, no need to re-train for a new job. The Vietnamese shrimpers and fishermen have increasingly edged the old shrimping families out of the business with their willingness to live on their boats all season, and a seemingly infinite capacity for thrift, bartering fish for gasoline to run their boats and other clever ways of lowering costs. I once knew an ex-army medic and LPN who’s a direct descendant of Joesph Bosarge, the French-born guy who founded Bayou la Batre with a land grant from Spain in 1786, and he told me a lot about the area. I’ve visited Bayou la Batre a few times. I’ve also talked to several Vietnamese kids about it (some of them I went to high school with; despite being poor they were always #1 in the year-end academic rankings, way ahead of me, though I was high up there). My point is, I know exactly where Regina Benjamin is coming from, and it ain’t the same board rooms and government offices where they found most of the previous Surgeons General. She runs a free clinic, and treats poor whites, poor blacks and poor Asians (often by having one of the English-speaking schoolkids translateinterpret her medical instructions into Vietnamese). Like an early 20th century country doctor, Dr. Benjamin does house calls, and accepts whatever patients can pay, even if they can’t, or even if all they can do is barter her part of their catch. This is a doctor who has risen to the top not through the usual cutthroat tactics, not through being the best at what everyone else is doing, but by charting a different path, advocating for and caring for the most needy, showing us what the focus of the medical world should be, public service.

I first became familiar with Regina Benjamin when I was fighting my famous two-year campaign to get Alabama Medicaid to stop stripping home care coverage for people like me just because we turn 21 (full story here). Local WPMI TV news interviewed her about my fight (as she then was director-designate of the Alabama State Medical Association) and she made supportive comments and said of course Alabama Medicaid should cover those who really need it, and that they’re obviously overlooking some gaps.

Regina Benjamin advocating for Nick's Crusade, August 2001

Regina Benjamin advocating for Nick's Crusade, August 2001

I don’t know of any other doctor who would stick her neck out for justice for kids she’s never met. Dr. Benjamin is a special person, exactly the kind of person who should be put in a powerful position to affect change. This nomination is one thing President Obama is doing RIGHT.

Bayou la Batre is one of the few remaining Catholic fishing communities that still does the annual Blessing of the Fleet in hopes of a bountiful catch that year. Dr. Benjamin is Catholic also, and likely has strong moral convictions that have led her to devote her career to the poor. Her clinic, along with all of Bayou la Batre and much of Mobile (including our backyard), was wrecked by Hurricane Katrina. She rebuilt the clinic, only for it to burn to the ground the night before its grand reopening. Then she rebuilt again. Like a heroine in a Biblical fable or something, each crushing tragedy made her stronger, gained her more support and attention, only pushed her higher. She was awarded the papal cross Pro Ecclesia et Pontifice by Pope Benedict XVI for exceptional service to the people of her diocese.

Incredibly, now Dr. Benjamin has the far-right fringe calling her “baby killer” because she’s never taken a hard-line against abortion (which is understandable from a doctor in an impoverished community that sees too many rapes and pregnancies endangering the mother). Even dumber, people are attacking her for her weight! These critics have probably never been to the Deep South; she is svelte by Alabama standards! And they’re also clueless about the expectations black men have for the women in their community re: size (maybe I should do a post about the differences in cultural expectations).

Anyhow, the haters need to get a grip. This nomination is going to sail through faster than a shrimp boat in a hurricane!

Regina Benjamin is probably Obama’s best nomination yet.

Nick

The Latest Leaked Info on Obama Administration’s Views About The Community Choice Act

Posted by – May 29, 2009

Director of HIV/AIDS Policy and a senior disability advisor on the Domestic Policy Council, Jeff Crowley, speaks at a Candidates Form at the George Mason Center for Health Policy Research and Ethics

Director of HIV/AIDS Policy and a senior disability advisor on the Domestic Policy Council, Jeff Crowley, speaks at a Candidates' Form at the George Mason Center for Health Policy Research and Ethics

Jeff Crowley from the president’s Domestic Policy Council met with the board of the NDRN (National Disability Rights Network, formerly NAPAS1) this week and a summary of how Crowley conveyed the administration’s views on the Community Choice Act was leaked to several listserves online. The disability community deserves to know what the thinking inside their government really is, so I am publicizing this text:

Jeff Crowley from President Obama’s Domestic Policy Council came to our NDRN Board meeting this week. I am certain many people on this list know him but this is the first time I’ve seen him. Here is a summary of what he said and how he said it.

He certainly confirmed that it is the administration’s intent to offer the initial health care proposal without including long term care.

He went on the express his regret at the outcome of the ADAPT action two weeks ago. He described himself as having “worked with ADAPT in the past” and certainly assumed no sense of apology or responsibility for the arrests or the dismissive comments of his colleague, just “live with it.”

In a very guarded and cautious way he expressed the desire to deal with long term care in the second session of this Congress. He described CCA as ‘one way to deal with it.’ But he also said there were other ways. As I said I never saw him before and maybe he’s always this taciturn. But his comments about CCA were lukewarm at best.

Several times he cautioned against ‘high expectations’ and was >generally very flat and careful in his delivery.

Others have more experience and insight in this but my impression was that if we are to succeed with CCA the thrust is going to come from Congress and that the administration is being very cautious.

For what it’s worth …

1. The National Association of Protection and Advocacy Systems (NAPAS). .I won the “2003 Advocacy Award” from NAPAS and traveled to Washington, DC to receive the award and deliver an acceptance speech.

Fifth Nick’s Crusade Video Blog: “A Seat At The Table” Determining Health Reform, Doesn’t Include People With Disabilities

Posted by – May 18, 2009

Fifth Nick’s Crusade Video Blog: “A Seat At The Table” Determining Health Reform, Doesn’t Include People With Disabilities from Alejandra Ospina on Vimeo.

In my fifth video blog, I go after the administration’s health reform deliberations for their lack of inclusiveness.

Full transcript of the video, with supporting links and footnotes

Hello, this is Nick Dupree for the Nick’s Crusade blog.

This is day 262 of me being in an institution, and tonight I’m gonna talk about Barack Obama and the insurance industry.

Lately, the administration has been really ramping up, and saying that health care is their #1 domestic priority.  The health secretary, and Joe Biden have both said, that this is #1 on the agenda.

Now there have been a flurry of meetings at the White House about the health care package and what’s it gonna look like, what’s gonna be in it, what’s not gonna be in it.  And recently, Barack Obama met in the Roosevelt room with the top insurance executives.  On HealthReform.gov, they released this picture1, with the caption that these are the health care “STAKEHOLDERS.”  Look at this picture.  It’s all white people! (except for the president)   And it’s all MEN, except for the two women beside the president, there’s another woman, an industry lobbyist, an industry lobbyist who’s at the table.  The administration keeps talking about “a seat at the table,” that the industry has “a seat at the table,”   And they’re offering them “a seat at the table” so they won’t oppose the plan.  Now … where’s MY “seat at the table?”  Where’s YOUR “seat at the table?”   Where’s the “seat at the table” for the black people and the people in wheelchairs?  You don’t see any people in wheelchairs at the table do you?   You don’t see any black people,or Hispanics, or Asians, or any minorities around this table, do you?

We’re giving the “seat at the table” to the people who already have the power.  And the insurance industry, they already have the power; they don’t need help from the administration.  They’re making trillions2.  And they’re getting trillions, by denying life-saving care to millions of people.   They’re trying to limit the use of life-saving medical care; they’re sending denial letters like they did with my little brother.

They’re trying …  they’re SQUEEZING the American people.  They’re basically these giant leeches on the American economy, and the American people3.  Everyday people are getting SCREWED by these guys, and Obama is offering them “a seat at the table.”

In exchange, they’re offering to lower the explosive growth of health care costs.  They’re not offering to lower costs, let’s make this clear.  They’re not offering to lower any costs; they’re offering to slightly slow the growth of costs.4

This is a promise that they made during the Jimmy Carter presidency5, and we all see…and we all see how that worked.  They didn’t keep their promise, and I see no reason why they’ll keep their promise this time.

Voluntary regulation does not work, and I see no reason why these guys are getting “a seat at the table” and people… people with disabilities, get no “seat at the table.”

I don’t think that’s right. And I think that’s something that needs to CHANGE.

Footnotes

1. this picture.

The photo was originally captioned “President Barack Obama met with healthcare stakeholders in the Roosevelt Room at the White House on May 11, 2009.

In this photo from HealthReform.gov, President Obama meets with various corporate pigdogs from the Health Care industry.

In this photo from HealthReform.gov, President Obama meets with various corporate pigdogs from the Health Care industry.

I found the above photo on HealthReform.gov (though it’s now been replaced, along with the related links, in one of their near-daily updates)

2. “The US health care sector has combined revenues of 1.5 trillion annually.  Hoovers.com Industry Overview: Healthcare Sector. (for comparison’s sake, the entire continent of Africa has a combined annual GDP of 1.3 trillion)

3. Publications and Research: Study Shows More People Go Without Health Coverage as Insurance Costs Outpace Income Eightfold

4. http://healthreform.gov/factsheethealthreformstake.pdf

5. From a quote from a Carter administration official, in “No One’s Falling For Big Health’s Bogus Promise to “Reform”" By Joshua Holland, AlterNet. Posted May 13, 2009.

This is the first video blog edited by myself independently

Fourth “Nick’s Crusade” Video Blog: ObamaFail! Administration Refuses To Lead On Disability Desegregation

Posted by – May 7, 2009



Transcription (as captioned in the video):

Hello, this is Nick Dupree for the for the Nick’s Crusade blog. This is my fourth video blog, and today is the 252nd day that I’ve been in an institution because I can’t get access to community services. And it seems that the Obama administration is not going to help us fix this problem — the problem of the institutional bias, where if you need services, they’re not readily available in the community so, so many people end up in expensive institutions, and it’s a lot worse for them, lowers their quality of life, and ends up costing exponentially more. I know in Alabama, it costs a quarter of a million dollars to keep someone in an institution, and it cost $70,000 to give them 24/7 home care. It’s a very stupid financial decision that the government keeps making, and despite all the activism and the years of court decisions that are on our side, we’re still not getting change we can believe in, as Obama says.

It’s even more disturbing, because during the campaign, Obama promised us that he would support the Community Choice Act, which would let people have a choice to live in the community, versus being forced to go into a nursing home, as that’s all the government will pay for.

He promised he’d support the Community Choice Act during the campaign, but yesterday we discovered that the Community Choice Act has been removed from the White House website. The White House website had the Community Choice Act featured on their Disability web page, and now it’s gone. They erased us. They erased what we really needed, and that’s despicable. And now, they’re going forward with health reform initiatives, without addressing long-term care. They’re going to reform health care without addressing one of the largest expenses of health care, which is long-term care. They say “we don’t have time”. With this kind of expense, how can we afford to wait? How can we afford, morally, to segregate part of our population, and keep them trapped in nursing homes with no choice? It’s not moral.

I advise you to go to the website of the President’s health reform initiative, HealthReform.gov. There’s no mention of long-term care, not a word whatsoever. There’s no mention of nursing homes, there’s no mention of home care, and there’s definitely no mention of the Community Choice Act. Go to HealthReform.gov and see for yourself. We’re not included, and our segregation is continuing unabated. Nobody notices us. That’s something that really has to change.

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