In recent town-hall meetings, President
Barack Obama has called for a national
debate on health-care reform based on facts.
It is fact that more than 40 million
Americans lack coverage and spiraling costs
are a burden on individuals, families and
our economy. There is broad consensus that
these problems must be addressed. But the
public is skeptical that their current
clinical care is substandard and that no
government bureaucrat will come between them
and their doctor. Americans have good reason
for their doubts-key assertions about gaps
in care are flawed and reform proposals to
oversee care could sharply shift decisions
away from patients and their physicians.
Consider these myths and mantras of the
current debate:
. Americans only receive 55% of
recommended care. This would be a
frightening statistic, if it were true. It
is not. Yet it was presented as fact to the
Senate Health and Finance Committees, which
are writing reform bills, in March 2009 by
the Agency for Healthcare Research and
Quality (the federal body that sets
priorities to improve the nation's health
care).
The statistic comes from a flawed study
published in 2003 by the Rand Corporation.
That study was supposed to be based on
telephone interviews with 13,000 Americans
in 12 metropolitan areas followed up by a
review of each person's medical records and
then matched against 439 indicators of
quality health practices. But two-thirds of
the people contacted declined to
participate, making the study biased, by
Rand's own admission. To make matters worse,
Rand had incomplete medical records on many
of those who participated and could not
accurately document the care that these
patients received.
For example, Rand found that only 15% of
the patients had received a flu vaccine
based on available medical records. But when
asked directly, 85% of the patients said
that they had been vaccinated. Most
importantly, there were no data that
indicated whether following the best
practices defined by Rand's experts made any
difference in the health of the patients.
In March 2007, a team of Harvard
researchers published a study in the New
England Journal of Medicine that looked at
nearly 10,000 patients at community health
centers and assessed whether implementing
similar quality measures would improve the
health of patients with three costly
disorders: diabetes, asthma and
hypertension. It found that there was no
improvement in any of these three maladies.
Dr. Rodney Hayward,
a respected
health-services
professor at the
University of
Michigan, wrote
about this negative
result, "It sounds
terrible when we
hear that 50 percent
of recommended care
is not received, but
much of the care
recommended by
subspecialty groups
is of a modest or
unproven value, and
mandating adherence
to these
recommendations is
not necessarily in
the best interest of
patients or
society."
. The World Health Organization ranks
the U.S. 37th In the world in quality.
This is another frightening statistic. It is
also not accurate. Yet the head of the
National Committee for Quality Assurance, a
powerful organization influencing both the
government and private insurers in defining
quality of care, has stated this as fact.
The World Health Organization ranks the
U.S. No. 1 among all countries in
"responsiveness." Responsiveness has two
components: respect for persons (including
dignity, confidentiality and autonomy of
individuals and families to make decisions
about their own care), and client
orientation (including prompt attention,
access to social support networks during
care, quality of basic amenities and choice
of provider). This is what Americans rightly
understand as quality care and worry will be
lost in the upheaval of reform. Our
country's composite score fell to 37
primarily because we lack universal coverage
and care is a financial burden for many
citizens.
. We need to implement "best
practices." Mr. Obama and his advisers
believe in implementing "best practices"
that physicians and hospitals should follow.
A federal commission would identify these
practices.
On June 24, 2009, the president appeared
on "Good Morning America" with Diane Sawyer.
When Ms. Sawyer asked whether "best
practices" would be implemented by
"encouragement" or "by law," the president
did not answer directly. He said that he was
confident doctors "want to engage in best
practices" and "patients are going to insist
on it." The president also said there should
be financial incentives to "allow doctors to
do the right thing."
There are domains of medicine where a
patient has no control and depends on the
physician and the hospital to provide best
practices. Strict protocols have been
developed to prevent infections during
procedures and to reduce the risk of
surgical mishaps. There are also emergency
situations like a patient arriving in the
midst of a heart attack where standardized
advanced treatments save many lives.
But once we leave safety measures and
emergency therapies where patients have
scant say, what is "the right thing"? Data
from clinical studies provide averages from
populations and may not apply to individual
patients. Clinical studies routinely exclude
patients with more than one medical
condition and often the elderly or people on
multiple medications. Conclusions about what
works and what doesn't work change much too
quickly for policy makers to dictate
clinical practice.
An analysis from the Ottawa Health
Research Institute published in the Annals
of Internal Medicine in 2007 reveals how
long it takes for conclusions derived from
clinical studies about drugs, devices and
procedures to become outdated. Within one
year, 15 of 100 recommendations based on the
"best evidence" had to be significantly
reversed; within two years, 23 were
reversed, and at 5 1/2 years, half were
contradicted. Americans have witnessed these
reversals firsthand as firm "expert"
recommendations about the benefits of
estrogen replacement therapy for
postmenopausal women, low fat diets for
obesity, and tight control of blood sugar
were overturned.
Even when experts examine the same data,
they can come to different conclusions. For
example, millions of Americans have elevated
cholesterol levels and no heart disease.
Guidelines developed in the U.S. about whom
to treat with cholesterol-lowering drugs are
much more aggressive than guidelines in the
European Union or the United Kingdom, even
though experts here and abroad are
extrapolating from the same scientific
studies. An illuminating publication from
researchers in Munich, Germany, published in
March 2003 in the Journal of General
Internal Medicine showed that of 100
consecutive patients seen in their clinic
with high cholesterol, 52% would be treated
with a statin drug in the U.S. based on our
guidelines while only 26% would be
prescribed statins in Germany and 35% in the
U.K. So, different experts define "best
practice" differently. Many prominent
American cardiologists and specialists in
preventive medicine believe the U.S.
guidelines lead to overtreatment and the
Europeans are more sensible. After hearing
of this controversy, some patients will
still want to take the drug and some will
not.
This is how doctors and patients make
shared decisions-by considering expert
guidelines, weighing why other experts may
disagree with the guidelines, and then
customizing the therapy to the individual.
With respect to "best practices," prudent
doctors think, not just follow, and informed
patients consider and then choose, not just
comply.
. No government bureaucrat will come
between you and your doctor. The
president has repeatedly stated this in
town-hall meetings. But his proposal to
provide financial incentives to "allow
doctors to do the right thing" could
undermine this promise. If doctors and
hospitals are rewarded for complying with
government mandated treatment measures or
penalized if they do not comply, clearly
federal bureaucrats are directing health
decisions.
Further, at the AMA convention in June
2009, the president proposed linking
protection for physicians from malpractice
lawsuits if they strictly adhered to
government-sponsored treatment guidelines.
We need tort reform, but this is
misconceived and again clearly inserts the
bureaucrat directly into clinical decision
making. If doctors are legally protected
when they follow government mandates, the
converse is that doctors risk lawsuits if
they deviate from federal guidelines-even if
they believe the government mandate is not
in the patient's best interest. With this
kind of legislation, physicians might well
pressure the patient to comply with
treatments even if the therapy clashes with
the individual's values and preferences.
The devil is in the regulations. Federal
legislation is written with general
principles and imperatives. The current
House bill H.R. 3200 in title IV, part D has
very broad language about identifying and
implementing best practices in the delivery
of health care. It rightly sets initial
priorities around measures to protect
patient safety. But the bill does not set
limits on what "best practices" federal
officials can implement. If it becomes law,
bureaucrats could well write regulations
mandating treatment measures that violate
patient autonomy.
Private insurers are already doing this,
and both physicians and patients are chafing
at their arbitrary intervention. As Congress
works to extend coverage and contain costs,
any legislation must clearly codify the
promise to preserve for Americans the
principle of control over their health-care
decisions.
Dr. Groopman, a staff writer for
the New Yorker, and Dr. Hartzband are on the
staff of Beth Israel Deaconess Medical
Center in Boston and on the faculty of
Harvard Medical School.