Showing posts with label medicine. Show all posts
Showing posts with label medicine. Show all posts

Thursday, September 17, 2015

J&J: America's "most admired unlawful company"

Here's a multi-chapter story (2 parts published so far) about J&J, the company we know (and love) for no-tears baby shampoo, Band-Aids, Tylenol, etc. They make us feel better and healthier. But their low-margin consumer products division is only 9% of their profits, and their pharma/devices division is where most of the money (and controversies) are.

I interned at a J&J acquisition last decade, and of the 3 pharma companies I've worked at, I felt that J&J emphasized ethics the most. This is probably due to their "Creedo culture". Remember the 1982 Tylenol crisis where some guy in Chicago was opening up bottles and putting cyanide in them? That led to 7 customer deaths, and the voluntary development of tamper-proof drug containers by J&J that became the industry standard. That tragedy could have sunk the company (Tylenol's market share of analgesics initially fell from 35% to 7%... haha who were those crazy 7%, very loyal employees or people without TVs?), but J&J's leader at the time, James Burke, held the ship together and eventually restored their brand image. It is now a celebrated crisis mgmt. business case, and Burke won the Medal of Freedom in 2000 (I don't know if it was fully merited or not).

Part of their brand recovery plan was the drafting of the Creedo (written in stone like the 10 Commandments, and next to the Stars & Stripes), or guiding principles for what kind of company they should be. On paper is sounds very good and even inspirational (it was for a 23 year old): their order of priorities are customers/users, business partners, employees, communities, and lastly shareholders. Of course that challenged their fiduciary duty as a publicly-owned company, but the Board must have approved it. Maybe the thinking is that these stakeholders are not zero-sum; if you are good to patients and others, the money will also flow to shareholders (Merck says something similar). They drove these points home during new hire orientation, and also recognize employees each year who are especially faithful to the Creedo.

But apparently the "thought leaders" and businessmen (corporate criminals are overwhelmingly male) in the pharma/device divisions didn't really live it out on multiple occasions. I don't know how much "Creedo compliance" actually takes place - like are employees rated and comped for how ethical they are (how Google partly evaluates employees on their "Googleyness")? Doubt it. But maybe all of this lofty Creedo stuff is just a smoke screen to get patients, employees, and gov't to believe that medical companies are somehow more trustworthy and admirable than "regular companies" that just make widgets, because their higher mission is to save lives.

The record indicates that medical companies/providers are no more ethical than the rest of us, and are in fact also responsible for millions of deaths, billions in fraud, and countless injuries over the years (some preventable or willful). Sure, their net impact is probably positive, but the J&J case could be another big example why for-profit medicine does not lead to the best outcomes for society as a whole.

Friday, July 4, 2014

Hobby Lobby ruling and contraception

Considering the Court's makeup, it was expected. It won't help the GOP win over more young women. I guess corporations continue to enjoy most individual rights but avoid many of the responsibilities/punishments.

"Approving some religious claims while deeming others unworthy of accommodation could be 'perceived as favoring one religion over another,' the very 'risk the [Constitution's] Establishment Clause was designed to preclude."

-Ginsburg dissenting opinion

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I suppose it's not surprising, but it still sucks. Ginsburg wrote a great dissent though, for whatever that's worth. 

What's funny about the ruling is that the prevailing opinion seems to want to restrict the ruling, by applying it only to "closely-held corporations with strong religious beliefs" but that can still apply to a significant number of companies with numerous employees. For example, the Mars corporation would qualify, especially because there is no test to be administered for "strong religious beliefs" so any company can essentially claim they have those. The funny bit (to me anyway) is that I get the impression that they thought there were being restrained in their conservatism with this ruling. As if they were saying "no no it's not all corporations who can deny you birth control coverage, just these certain ones!"

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I get his once we assume their freedom if religion was infringed RFRA says the gov must attempt to accommodate.

But how is the offer of health insurance that includes birth control legally distinguished from a paycheck that pays for an abortion?  Aren't both compensation which are offered at the discretion of the employer? 

I think I saw it mentioned somewhere that hobby lobby covered birth control etc prior to the aca apparently without issue.

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I actually had the same thought about their paychecks. Ginsburg had a great line about how if it's against someone's religion then I guess they don't have to follow any laws they don't want to.

Which pulls out some of Ginsburg's greatest hits on this ruling.

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Thx for the comments and links, guys. Yeah as you said, the majority opinion claimed that they were being really restrictive as to which org's this ruling could apply to, but really the language was anything but. NPR estimates that 90% of businesses are "closely held" (employing >50% of our workforce),  as in 5 or fewer individuals own more than half the firm value (IRS definition). Maybe this is an example why political appointees/Beltway lifers without much experience in the "real world" may not be the best candidates for a lifetime SC appointment where US society is literally at their mercy. And the ACA already exempted religious nonprofits and small businesses from covering contraception, so that is millions more Americans.




http://ocsotc.org/


In school I worked on a business case (similar to the link above) advocating that oral contraception should be available over-the-counter. It's really a no-brainer, and that's how it works in Catholic Mexico and other nations. This has been discussed for years, but the understaffed and political football FDA has yet to act. "Plan B" (the morning-after pill) is available no-questions-asked after a pharmacist consultation, but it's more expensive and doesn't reduce menstrual symptoms (also I believe there is some controversy as to what age range it is available to). Now, women can only get the pill after a yearly or quarterly visit to their OB-GYN, and awkward pelvic exams are often mandated prior to giving out an Rx. This is obviously time consuming and expensive, esp. if the patient doesn't have coverage.




Sure, I can imagine that drug companies may lose $ if the pill goes OTC and is subject to generic competition and market price pressures (like most other products!), and I guess OB-GYNs may stand to lose business too (some legitimately care and it's their medical opinion that regular exams are the best thing for their patients - so they need to link it to the pill Rx in order to get women to comply). But most major health org's worldwide say the OTC pill is an overwhelming improvement with very little downside (except for right wing Christian ire I suppose). And we are just talking about decades-old, well-validated, super-safe, cheap basic hormone pills. The fancy next-gen stuff can still be Rx for consumers who want it. Unintended pregnancies and menstrual symptoms are a huge cost on societies, and disproportionately affect women. So is that the problem - women have most of the responsibility and incur the suffering, but the men are writing the laws and enjoying the pleasure of sex without the consequences? Since there is practically zero medical/sociological/economic evidence to support the restriction of contraceptives, I can only assume that this is another manifestation of the "war on women". Conservatives claim to love freedom and liberty, but have this fixation to try to control female behavior. It's really bizarre. Maybe we can take them at their word and it's all about religious values and "morality". If so, then why don't they pony up and pay more taxes to help all the unintended mothers raise those kids? The US is probably the most hostile developed economy for working mothers - so how about changing those laws and norms first, and then you can restrict contraception coverage as much as you want.  


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For the 4th, here is a disturbing story that hasn't got much coverage: the US accepts non-citizens into its Armed Forces (often with the "promise" of citizenship at honorable discharge), but if those vets are caught in a crime (even a petty one like DUI or financial fraud) - the laws of the land require automatic deportation. Maybe deportation is justified for some crimes, but there has to be exceptions or at least a review process for non-citizen vets who served faithfully for years and got caught in one mistake. It's like the penal system in general - how can we claim to be civilized people, yet we judge and label criminals by the worst moment of their lives? Someone could be a productive worker and loving parent, son, brother, and neighbor for 99% of his life, but once they are in prison, they are henceforth known as "robber" or "drug user".

https://www.youtube.com/watch?v=N6rjCvgRkq0

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And lastly, on the lighter side of things, the Daily Show mocks bourgeois liberals for their stupidity/narrow-mindedness too!

http://www.huffingtonpost.com/2014/06/13/google-glass-daily-show_n_5491565.html
 

Wednesday, July 9, 2008

Are US doctors paid too much?


http://www.startribune.com/politics/national/congress/22708684.html?location_refer=Opinion

Recently there has been some squabbling over budget cuts to Medicare/Medicaid and state-sponsored health care that may cause doctors to decline services to those patients, because they won't be "properly compensated" by the government. So the doctors are revolting, and Bush has threatened to veto any cuts proposed by Congress. Right now they're debating a 10% cut, actually as part of a mechanism that was previously approved in the event that costs exceed certain markers, which is happening now in a big way. The pay cut survived the House, but will probably stall in the Senate and will definitely be killed at the Oval Office.

I know doctors are businessmen/women too, and they have a bottom line to maintain. They are skilled professionals who went through rigorous training ($30,000/year tuition + living expenses), and deserve compensation for their critical contributions to society. But I don't know how they can morally refuse to treat needy people dependent on government health care, just because they'll be reimbursed $2,700 for an arthroscopic knee surgery instead of the "going rate" of $3,000. Are they pinching pennies that much, even with a $200,000 salary? The cars they drive surely don't suggest it.

And what other industry but health care can the providers dictate costs and the consumers just have to accept it? Equally greedy HMOs and others might try to negotiate a "fairer" price, but in the end the doctors bill Medicare as they like, and our tax dollars go up in smoke (in many cases, overcharging Uncle Sam). In other markets like automobiles and air travel, competitors are cutting prices left and right in order to secure customers. But can we "shop around" for doctors who can provide the best service at the most reasonable cost? We just go where our insurance tells us to go, and actually most of the process is a black box to us. I guess most of us just feel lucky that we weren't refused care!

There was an interesting NYT article last year (below) discussing whether US doctors are paid too much, and whether they have more impact on the insanely high costs of health care than even prescription drugs. Pharmaceuticals are 30-50% more expensive in the US vs. Europe, but doctors' salaries are sometimes 100% more. A typical UK doctor in 2002 made $60-120,000 and lives well, if you've seen Michael Moore's "Sicko". But US specialists make $300-400,000, and we all know the young doctors graduating from school all want to be specialists. But how many radiologists and anesthesiologists do we need, versus the pediatricians and GPs who deal with normal patient problems and practice normal medicine "in the trenches" (ironically the lowest-paid doctors)? Relatively few new doctors are going into those "unglamorous" fields versus the huge demand, so no wonder we have to import them from other nations - yet some patients complain about foreign accents and demand an "American" doctor. Well, blame the American medical system and its students then, who would rather be Nip/Tuck than Patch Adams!

Because the fees they charge are so high (and patients have no choice but to pay), doctors also have a financial incentive to over-prescribe treatment in order to make more money. I am sure we can Google many examples of this to back up the NYT's claim, as well as cases of defrauding Medicare/Medicaid. And unlike Europe, Medicare lacks the resources (and/or motivation) to scrutinize a doctor's treatment request, veto if unnecessary, or maybe suggest a cheaper alternative. Doctors in other developed nations are more-or-less paid flat salaries from their national health systems, with performance-based incentives. Their doctors are paid less, yet deliver better services on average, based on WHO rankings and other studies. In fact, socialized medicine nations like the UK, Canada, and Australia outperformed the US in terms of medical errors and patient satisfaction (http://www.medpagetoday.com/PublicHealthPolicy/HealthPolicy/tb/2074). So maybe there is a real problem with the "quantity over quality" approach by many US doctors.

From NYT:

"Almost all expenditures pass through the pen of a doctor," he said. So a doctor may decide to perform a test that costs a total of $4,000 in order to make $800 for himself — when a cheaper test might work equally well. "This is a highly inefficient way to pay doctors," Dr. Bach said.

Medicare, especially, does not like to second-guess doctors' clinical decisions, said Dr. Stephen Zuckerman, a health economist at the Urban Institute. "There's not a lot of utilization review or prior authorization in Medicare," he said. "If you're doing the work, you can expect to get paid."

As a result, doctors have steadily increased the number of procedures they perform on Medicare beneficiaries — and thus have increased their income from Medicare, Dr. Zuckerman said. But the extra procedures have not helped patients' health much, he said. "I don't think there's any real strong evidence of improvements in health status."

Private insurers like H.M.O.'s are more aggressive than Medicare in second-guessing physicians' clinical decisions, and they will refuse to pay for imaging scans or other expensive new procedures. Now Medicare and private insurers are moving cautiously to change the current system. Recently, they have proposed pay-for-performance measures that would give doctors small bonuses if their care meets the standards set by national medical organizations such as the American Heart Association.

BUT all those measures are a minor fix, said Dr. Alan Garber, a practicing internist and the director of the Center for Health Policy at Stanford University. Instead, he argues, the United States should move toward paying doctors fixed salaries, plus bonuses based on the health of the patients they care for.

Even in the existing system, some health insurers, notably Kaiser Permanente, already have large networks of salaried doctors. But it would require doctors to give up some of their autonomy and move into larger group practices or work directly for insurers, a step they have been reluctant to take. About 40 percent of doctors are in single or two-physician practices, Dr. Garber said.

Nor is the American Medical Association, which represents doctors, eager for wholesale changes in the system, said Dr. Edward L. Langston, chairman of the A.M.A. board.

But Dr. Goldman of RAND said that doctors are misleading themselves if they think the current system serves patients' needs. For example, if a diabetic patient visits a doctor, he said, "the doctor is paid to check his feet, they're paid to check his eyes; they're not paid to make sure he goes out and exercises and really, that may be the most important thing."

"The whole health-care system is set up to pay for services that are rendered," he said, "when the patient, and society, is interested in health."


Oh yeah, and I forgot to mention that doctors are often paid the same from insurance/Uncle Sam whether they perform a procedure brilliantly or totally botch it. Some legislation was proposed to only pay doctors in full upon successful completion of the procedure, but of course the physician's lobby fought it and watered it down. Now the government doesn't have to pay doctors for a few specific errors, like if surgical instruments are left in patients, catheters are improperly implanted, and won't cover the costs of preventable hospital-acquired infections. Doctors warned that such rules would cause legal nightmares and actually reduce overall care, as patients would have to disclose their entire medical histories before doctors would agree to treat them, so various post-op complications wouldn't be blamed on them. And then doctors might even refuse to treat the most at-risk patients to avert potential consequences. Well, I guess we shouldn't revere doctors as selfless heroes. They look after #1 just like the rest of us.

http://www.washingtontimes.com/news/2007/aug/28/medicare-and-medical-mistakes/
http://www.bcbs.com/news/national/medicare-won-t-pay-for-hospital-mistakes.html

So if our presidential candidates do seriously want to overhaul and improve the US health system, trimming doctors' salaries may be a politically daunting but absolutely necessary component of the solution.

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http://www.nytimes.com/2007/07/29/weekinreview/29berenson.html?_r=1&oref=slogin


The Nation
Sending Back the Doctor's Bill


By ALEX BERENSON
Published: July 29, 2007