Mandatory Posting of Hospital Charges: Rest In Peace.

I thought that before I signed the death certificate of the Posting Standard Charges Project, that I would place a mirror beneath its nostrils just to make sure it was ready to put in the ground. I was planning to add this confirmatory step as an addendum or comment to my first article, but it was clear that additional details and discussion would be necessary. My first pronouncement was based on a bedside-look at the several chargemaster databases. What did the local hospitals choose to disclose; what must they have intentionally omitted; how easy was it to find anything; and was the information useful to compare different hospitals? I did not even have to feel for a pulse to know the answers. Out of fairness and a desire not to bury the patient alive (but with certainty that my initial diagnosis was correct) I applied a more definitive diagnostic test that might been a valid real-world trial for me had these posted standard charges been available last Fall.

As I pulled away from my cardiac pit stop at Rhode Island Hospital, it was suggested I schedule a cardiac echo stress-test back home to evaluate the size and function of my heart. Using all of my wisdom and experience as a physician and Professor, I did what everybody else does– find a cardiologist who would see me as a new patient and do what they suggest! The stress-test was normal. I could not have hoped for a better result nor more competent and attentive care. The question for our present exercise is: If posted standard charges were available– and I had time to look at them– what I have found? [Spoiler alert! The effort would have been a waste of time, if not misleading.] Continue reading “Mandatory Posting of Hospital Charges: Rest In Peace.”

Federally Mandated Postings of Standard Charges by Louisville Hospitals Are Unusable for Their Intended Purpose.

(But will reveal the the unacceptable and unjust absurdity of how we pay for medical services.)

Reporter Gilbert Corsey of WDRB was, to my knowledge, first on the block locally to take public look at the implementation of a newly enforced federal law requiring hospitals to publish their Standard Charges online. Originally part of the Affordable Care Act (a.k.a. Obamacared) as turned into regulation last year,, the stated purpose was to allow the public to compare the cost of services and choose wisely among hospitals before they incur responsibility for payment. An overlying expectation (?dream) was to improve quality and decrease costs. Hospitals bitterly protested implementation of this law.

Mr. Corsey’s reporting verified the expectation that charges amoung neighboring hospitals can vary greatly. For example, an uncomplicated birth at one Louisville hospital was priced twice as high as another, and an injection of a drug used for prostatic cancer varied threefold. Corsey’s report also concluded that the published lists are confusing and difficult to decipher. I agree. I will go further and argue these lists are essentially worthless for their intended consumer purpose – surely knowingly so. Their value however for unintentionally making the policy point that, like pricing for pharmaceuticals, hospital pricing and billing exists in a logic-free, Alice-in Wonderland zone to the detriment of the public. Allow me to explain. Continue reading “Federally Mandated Postings of Standard Charges by Louisville Hospitals Are Unusable for Their Intended Purpose.”

UofL and KentuckyOne Agree to Extend Their Academic Affiliation Agreement Another Four Months.

Barely within the statutory requirement for a response to an open records request, I received two critical pieces of the new contractual agreements between the University of Louisville and KentuckyOne Health that extend the current terms of their Academic Affiliation Agreement (AAA) and Master Support and Services Agreement (MSSA). These documents define the conditions and financial arrangements between the institutions for another four months with an option for automatic renewals. The extensions give some breathing room to the organizations currently working behind the scenes to determine the future of KentuckyOne’s operations in Louisville and simultaneously protect the ability of UofL to place students and trainees at Jewish Hospital and Fraser Rehabilitation Institute while simultaneously allowing Jewish Hospital (and Sts. Mary & Elizabeth) to maintain their status as a teaching hospital for Medicare purposes.

The AAA extends the financial obligations of KentuckyOne to the University until April 30, 2019 at the existing prorated monthly amount of $1.98 million for a total of an additional $7.92 million. This is a blessing for financially strapped UofL. The attachments to the agreements that I requested were not provided leaving me to assume that the intended ultimate beneficiaries of the continuing financial support remain unchanged. (Previous versions of Attachment-C contain a lot of personnel details so I will not to post a copy here.)

The two agreements referenced above are interlocking and these second amendments reinforce their connection.  Specifically, item 3 of the AAA notes that its Exhibit C is amended by adding the “Second Amendment to Master Support and Services Agreement.”  Linking the documents together makes sense, but I am not exactly sure what that looks like in final print, and I do not understand the reasons for changes in term-lengths of the Agreements.  The major clause in the new MSSA allows the agreements to automatically renew for periods of 10 months (up from the previous 6 months of potential auto-renewal) further deferring any last-minute anxiety for the concerned!  (There are several versions of earlier AAAs in circulation. The new language appears to amend Section 8.1 of the previous first amendment to the AAA by deleting and replacing its second sentence. In the original version of the AAA available to me, Section 8.1 contains only a single sentence! Any confusion is probably only mine and I will clarify later for this record if I can.)

Final Comment.
The extension of the agreements was, as I argue previously, critically important for the integrity of the two institutions. Obligations to students, trainees, and patients alone are manifestly inviolable. I commend KentuckyOne for shouldering its responsibility which will certainly present challenges. Its parent organization, Catholic Health Initiatives (CHI), has been under financial stress for some time and which I suspect has complicated its intended merger with Dignity Health anticipated at the end of this month. The long-sought goal of CHI to sell QualChoise, its poorly performing health insurance division, was recently announced and which may give the corporation some temporary room to maneuver financially.

As desirable as the extensions to the current Agreements are, the can is only being kicked further down the road. I have no information or prediction of what is yet to come. It is not clear that Blue Mountain Capital is currently the only party negotiating with KentuckyOne to buy its Louisville hospitals, or to what extent UofL will succeed in finding the money or a partner to take over (and at what non-financial cost).  We are still wandering in the dark woods without even a trail of breadcrumbs to follow. Not all fairytales end well for their protagonists.

Peter Hasselbacher, MD
Emeritus Professor of Medicine
President, KHPI
January 8, 2019

What Will Louisville’s Medical Landscape Look Like in 2019?

Isn’t it about time that the curtain is raised a little?

As we enter the new year, many anxious folks in Louisville are waiting to learn about the status of a proposed sale of KentuckyOne Health’s Louisville assets, and what that will mean to the University of Louisville and its Health Sciences Center. The University and KentuckyOne had an existing, multiply-extended, Academic Affiliation Agreement that would have expired December 31, 2018. This critically important document and related agreements defined the financial, administrative, educational, and clinical relationships between Jewish Hospital and the University. A valid Affiliation Agreement is essential for Jewish Hospital for Jewish and Sts. Mary & Elizabeth Hospitals to claim the financial bonuses and other advantages of a Medicare teaching hospital. An Academic Affiliation Agreement is equally important for the accreditation of the Medical School if it wishes to continue to train students and residents in Jewish Hospital or document that it has adequate clinical teaching facilities for its family practice and all its specialty programs. These are no small details. Continue reading “What Will Louisville’s Medical Landscape Look Like in 2019?”

University of Kentucky Dental Professor Forced Off Faculty for Criticizing Gov. Bevin’s Medicaid Cuts Gets $620,000 in Court Settlement.

Yes.  But, behind them I suspect is the Emperor.
                                            Paul Atreides, in “Dune.”

More than a year ago I wrote about the capture of the academic process by the Kentucky Governor’s Office where some unnamed individual with clout became “pissed-off” when Dental Professor Dr. Raynor Mullins exercised both his faculty and first-amendment rights to suggest that cutting back on dental and vision services to Medicaid beneficiaries was a bad idea. Everyone involved seemed to know who in Frankfort held the power to intimidate the leadership of our “Flagship University,” but the Governor’s office denied any involvement in the matter.  (We have encountered that scenario before, right here in River City!)  The University rolled over and dismissed Dr. Mullins.

In response, and to both hold the University accountable and presumably to shine a bright light on what actually appended, Dr. Mullins filed a lawsuit against the persons of the Vice President for Administrative and External Affairs and the Dean of the University of Kentucky College of Dentistry.  In my earlier commentary, I opined that perhaps under oath that the truthfulness of the allegations would come out– or not!  It is not clear to me that any such disclosure happened. The University requested of Federal Judge Robert Wier a summary judgement (dismissal) of the case against it which was denied.  As I understand it, before the case was to go to a jury trial, a private settlement was reached without any admission of guilt.  I do not know how much pre-trial discovery was done. Today’s reports in the Lexington Herald and Courier-Journal do not refer to any information from depositions taken under oath.  Often such settlements include clauses of confidentiality that hide embarrassing findings from public view. Is it conceivable that court records might be sealed?  Is it possible that we may never know to whom the UK officials caved?

What is just as disturbing as not ever knowing the identity of the bully is the claim that communication within the University and with the Governor’s office in this matter was conducted using personal e-mails.  The use of personal electronic devises and emails to skirt open-meeting and open-record laws is an emerging threat to the ability of the public to hold its government accountable.

The University of Kentucky does not come off looking good in this matter.  It seemingly admits no guilt at all, but some UK entity now has a 6-figure settlement to pay with legal fees to boot. Dr. Mullins is taken back in to the faculty. Transparency disappears. No one is held accountable. Dr. Mullins may not have achieved all his goals, but in my view, he stood up to the state agency that is the University of Kentucky and won!

Peter Hasselbacher, MD
Emeritus Professor of Medicine,
University of Louisville
Dec 10, 2018

[If anyone has public court documents or other information that might shed light on this sad affair– or for that matter correct any misunderstanding of mine– I hope they will communicate with me confidentially or with the email link found in the side-bar of this website.]

Here is a copy of Judge Wier’s opinion of 9-28-18

Another St. Joseph- London Cardiologist Is Sentenced to Prison.

Could this have been averted early on before this unfortunate result?

Last week, following his conviction last April for medical billing-fraud related to medically unnecessary placement of cardiac pacemakers, Dr. Anis Chalhoub was sentenced to 42 months in prison; required to pay $257,515 restitution to Medicare, Medicaid, and private insurers; and fined an additional $50,000.  Dr. Chaloub’s attorneys had requested a shorter time in prison and perhaps it is possible they will appeal the sentence.

According to the press release from the U.S. Attorney’s Office, an additional term in the sentence was that following release from prison he will remain on probation for a three-year period during which the “court has prohibited him from practicing cardiology during that time.”  I am puzzled about whether a federal court has superior jurisdiction over Kentucky’s Medical Licensure Board for such a restriction on licensure.  If I were the Kentucky Board, I would be embarrassed or angry, or both.  Out of curiosity, I looked today at the Kentucky Board’s website which informs me and potential patients that Dr. Chalhoub still has an active Kentucky medical license with “no actions” or restrictions mentioned. (I confirmed this with a call to the Board.)  Although several physician-referral & rating websites have him affiliated with hospitals in Lousiville and Indiana, I do not know if he is still practicing medicine. Continue reading “Another St. Joseph- London Cardiologist Is Sentenced to Prison.”

Can Jewish Hospital in Louisville be Saved? Perhaps Not.

If not, what then?

Surely the end-game of the years-long efforts of Catholic Health Initiatives and KentuckyOne Health to sell some or all of their hospitals in Louisville must be coming to a climax. Transferring management of University of Louisville Hospital to KentuckyOne– a move that turned out badly for both institutions– was always as much or more about saving Jewish than ULH.  Many outside entities came to kick the tires of what KentuckyOne wanted to sell but walked off the lot.  The last acknowledged potential buyer whose keys KentuckyOne was holding was the tag-team of the private equity firm Blue Mountain and its spinoff for-profit hospital management company, Integrity Healthcare– now majority-owned by for-profit Nantworks Companies and Nantworks owner Dr. Patrick Soon-Shiong.  Sound complicated?  It is!  Casting a very dark curtain over this potential transaction in Louisville is last week’s announcement that Blue Mountain & Co.’s first and only attempt to take over a failing non-profit Catholic hospital chain in California has failed– the hospital system has filed for bankruptcy. These six Verity Hospitals (formerly the Daughters of Charity) might be bought by their communities, taken over by others, liquidated for their assets, or otherwise close.  I cannot avoid concluding that the same result would occur in Louisville and for much the same reasons.

CHI has played this one very close to its corporate chest. Fanned by anxiety about the future, rumors have been flying in increasingly disparate and desperate directions ranging from “Blue Mountain” has taken a second look and will sign on soon; or Blue Mountain has walked away for good; or that Nantworks and Dr. Soon-Shiong will move forward with the deal without Blue Mountain; or that CHI will give Jewish to the University for a song; and even that one or both of the sister Jewish & Sts. Mary Hospitals will soon shut its doors.  None of the potential players is in a strong place right now as I will outline below.  The one thing I am sure of is that the ground under the downtown hospital complex is going to quake hard, and that secondary seismic activity will be felt out in the county and beyond.  The Louisville Community is going to have to make some public health decisions that are both difficult and expensive. Continue reading “Can Jewish Hospital in Louisville be Saved? Perhaps Not.”

Honoring Sen. John McCain’s Service by Making CRS Reports Used by Lawmakers Available to the Public

Much will be written following the death of Sen. John S. McCain, the vast bulk of it of with sincere admiration for his personal courage and service to his country. I am among those admirers. His life was undeniably colorful– he was very much human. Equally undeniable was the magnitude of his service to his nation. He knew where his duty lay, and he gave palpably more than any critic to honor that obligation. He knew the difference between patriotism and nationalism or partisanism. Compared to his legislative peers, it is fair to say that few or none have displayed greater loyalty to the common good of our nation as opposed to any political party. In any world– but certainly in today’s political climate– he was a lion among sheep.

What Are CRS Reports?
I interacted with his Senate office one time in 1998 during my Congressional Fellowship and service to the Senate Finance Committee. Senator McCain filed a typically bi-partisan bill that would make most of the reports and issue-briefs prepared by the Congressional Research Service (CRS) available to the public. At the time, I had never heard of these.  CRS reports are among those prepared by the Library of Congress, often in response to requests by federal legislators for background information about current or potential legislation. I had hundreds of these available to me at my networked desk in a Senate office building. The resources of the Library are stunning. The academician in me recognized these reports and issue briefs as extraordinarily useful. They are well researched, and clearly written in language that can be understood by non-technical people. Best of all, these reports are as balanced and nonpartisan as anything can possibly be on Capitol Hill.  (The worst service a legislative aid can give their member is not to include all sides of an argument in their briefing.)  I downloaded and read as many reports related to healthcare matters as I could find, constantly regretting that I had not had them available earlier as I began a second career in health policy research. Continue reading “Honoring Sen. John McCain’s Service by Making CRS Reports Used by Lawmakers Available to the Public”

Second Cardiologist Found Guilty in Federal Court for Performing Unnecessary Cardiac Procedures at St. Joseph London Hospital.

Dr. Anis G. Chalhoub, formerly a cardiologist at KentuckyOne Health’s St. Joseph London Hospital, was indicted in Federal Court in June, 2016 for allegedly performing unnecessary cardiac procedures.  A jury trial concluded last Wednesday with a finding of guilty on all 12 counts.  (United States District Court, Eastern District of Kentucky, London. Criminal Case No. 16-cr-23).  I do not yet have many court documents, but one of the counts must have been related to the civil lawsuit in Laurel County against St. Joseph and Catholic Health Initiatives which awarded a record $21.2 million to a Corbin man for unneeded surgical heart procedures at the London Hospital. (That case is still being appealed.)  Dr. Chalhoub currently holds a valid medical license in Kentucky and practices in Louisville and Southern Indiana.

[Addendum April 17, 2018:  The Department of Justice released today a notice of the conviction with some additional details. The story was also reported this morning in the Lexington Herald.  This latter notice reported that Dr. Chalhoub was convicted on a single count rather than the 12 counts noticed to to me. I will correct this article when I can reference the original court documents.] Continue reading “Second Cardiologist Found Guilty in Federal Court for Performing Unnecessary Cardiac Procedures at St. Joseph London Hospital.”

Hundreds of Louisville Students and Their Supporters March For Their Lives– and Ours.

It was a dark and stormy afternoon last Saturday when as many as a thousand or more Louisville students, their families, and supporters marched a cold wet mile up Main Street to Louisville Metro Hall where a spirited rally was held. One could only be impressed with the student’s passion and justifiable anger. (I was taken back 50 years to the protests of my generation against the Viet Nam War.) The students had a right to be angry.  In addition to the apparently unstoppable drumbeat of shootings here and elsewhere, the day before the march a student brought a loaded gun into Louisville’s Valley High School, and a credible threat announcement was made against Manual High.  This is not somebody else’s problem.  We own it too!

Similar protests took place all around the country. In Washington, DC, the turnout was impressive, and may have been the highest for a one-day protest ever. Despite the passion and powerful rational rhetoric of the students, pundits are generally pessimistic that little more than cosmetic changes will result in the near future– if not the foreseeable one. I suspect however, that weaknesses in the defenses of the NRA/Industrial complex and their legislative partners are forming. Some in the Republican party and other NRA enablers of any party must be at least a little nervous.  The students know that they will soon be able to vote, and I suspect they will not have forgotten the promises they are making today.  If you were one of their parents, why would you not support them?

I believe if this generation of students can keep it up, that change is possible.  It is already starting to happen!  The spending bill signed by President Trump a few days ago reversed the previously unexplainable prohibition of federally sponsored research into gun violence.  Now that such violence is a formally recognized issue of public health, I have a legitimate justification to write about it in these pages!

North Oldham High School’s Zoe Kuhn was the principal student speaker at the Metro Hall rally. She delivered a powerful, articulate address in which she expressed her recurring fear, and that of her peers, that the prospect that gun violence might occur at any time in her school. There was, however, no trace of fear or lack of courage in her delivery!  I was immensely impressed and proud of her.  Her admission of fear did not ring as contrived to me, but her vulnerability did not inhibit the handful of pro-gun individuals in the crowd from attempting to shout her down in a derogatory manner.  Their camo-uniformed presence was the sole face of resistance to rational gun policy visible that day.  I suggest to other opponents of rational gun control that they not allow these counter-protestors to speak for them on this matter. Your silence can suggest that you are happy for them to do your work for you.  [I am not aware that any Republican official spoke that day, but I had to leave before the end of the rally because I was shaking too hard from hypothermia!  My endurance and commitment paled before that of the students.]

I confess to feeling a twinge of sadness from one statement in Ms. Kuhn’s speech when she told opponents of reform that it was not a goal of the students “to take your guns away.”  She is not alone in accepting this narrowing of possible outcomes before the debate has truly begun.  A principal goal of a think tank, lobby, or advocacy group is to establish what issues are on the table and to define the vocabulary of any political debate.  To be able to do so is to win.  This has been a great success of the NRA. Taking the possibility of decreasing the number of guns in our country off the table is premature, indeed an abdication.

In my opinion, and as is becoming even more clear to me as I pay attention to the daily reports of gun violence, that the suggested reforms already on the table will not have a significant impact.  Of course the mentally ill should not be able to buy guns, but neither should they be able to own the guns they may already have.  Indeed, how do we decide if someone is mentally ill?  I lived in mental hospitals for 13 years and assert from experience that there is no bright line between normal and mentally ill.  There are not enough mental health workers in the world to do all the checking necessary– even if we had accepted criteria to turn someone down.  There are not enough FBI agents or similar investigators in the country to do all the background checks necessary expose past criminality or violence, let alone a reliable, accessible registry for them to use.  An individual defined as sane or reliable at the time of purchase may not remain so in the future. Having teachers carry guns makes no more sense than having flight attendants do so. Shooting galleries in planes or schools make for collateral damage.  Even if schools become armed citadels, airport-grade security procedures will still be necessary.   If visitors with guns are not permitted in the Senate or House chambers, why should concealed or any other carry be permitted in a public place anywhere?  [What is good for the goose…?]  How long a waiting period is necessary before buying a gun legally?  Is there a shred of evidence that any waiting period will make a dent in gun violence?  There are just too many guns lying around for the mentally ill, the criminal, or the angry to pick up and use. I remain to be convinced that anything other than decreasing the number of handguns and weapons of war in private hands will diminish gun violence in any meaningful way.

I walked away from Saturday’s rally feeling that a glimmer of hope had been lit. However, my uptick in enthusiasm was dashed when upon turning the corner at 4th Street on my way back to my car, the visible glimmer on the ground turned out to be a spent 45-caliber bullet cartridge lying in the street. Thus the pendulum lurches back and forth.  Change will be neither easy or quick, but the experience of other countries tells us we can do better.  We need to start somewhere and its painful to imagine things could get worse.

Peter Hasselbacher, MD
March 27, 2018