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Health Care

Updating and Improving Medicare | Ensuring Seniors’ Access to Quality Care | Health Insurance | Medical Liability | Health Savings Accounts | Women's Health


Updating and Improving Medicare

Prescription Drug Coverage
January 1, 2006 signaled a new year and a new beginning in the Medicare program. For the first time since the program’s inception in 1965, Medicare offered coverage for prescription drugs through the new Part D program. As part of the bipartisan team that developed the Part D legislation, I am gratified that it helps those in need and am determined to see it successfully implemented.

The Centers for Medicare and Medicaid Services (CMS) reports that as of mid-January, there were more than 475,000 seniors in Arizona with some form of drug coverage. This is good news because whether beneficiaries have coverage as retirees through their former employers, through Medicare Part D stand-alone plans or through Medicare Advantage (MA) plans, what is most important is that people get their medication.

While more than 24 million seniors are enrolled in prescription-drug plans nationally, it was very troubling to me that there were a number of individuals – many with lower incomes – for whom the transition to Part D was not successful. I raised this concern directly with the Secretary of Health and Human Services and Administrator of CMS and got assurances that each and every problem would be resolved. I will not be satisfied until everyone who is supposed to receive his or her medications does and the system is functioning properly.

Those who are eligible for Medicare and who are concerned about the cost of their medications should examine the prescription-drug benefit. Seniors can identify the plans that are best for them by visiting Medicare’s website (www.medicare.gov) and clicking on “Compare Medicare Prescription Drug Plans.” You should have a list of your current prescriptions handy and, if you are interested in enrolling in Medicare Advantage, a list of your doctors as well. You can also phone Medicare for assistance at 1-800-MEDICARE, or call one of my offices at 602-840-1891 (Phoenix), 520-575-8633 (Tucson), or 202-224-4521 (Washington, D.C.). You should also consult with your doctor to help identify the plan that’s best for you.

It is important for those who decide to enroll in one of the new Medicare prescription-drug plans to do so by May 15, 2006. If you do not enroll by that date, but decide to enroll later, you may be subject to a higher premium based on a late enrollment penalty. You may also have to wait to enroll until the next open season in November 2006. As it stands in current law, the late enrollment penalty is currently set at one percent of the base premium for each uncovered month of each year, and it stays in effect as long as you are enrolled in a Medicare drug plan. (The late penalty will not apply to people who have other drug coverage, called creditable coverage, including people with employer-sponsored coverage.)

Health Coverage Options under Medicare
Remember, for the vast majority of seniors, participation in the new prescription-drug benefit program is voluntary. That said, there are advantages to enrolling now. Aside from the avoiding the late enrollment fee, seniors will be able to take advantage of new benefits and a broader range of health-care options. Seniors who prefer to stay in traditional Medicare may continue to do so. Those who have belonged to local Medicare HMOs in the past will be able to enroll in regional HMOs, which will cover no area smaller than an entire state. In other words, all Medicare beneficiaries will have the ability to choose Medicare HMO coverage. It will come under the Medicare Advantage program, which will also include PPOs for the first time in history. PPOs are a type of health insurance that Members of Congress and federal employees have through the Federal Employees Health Benefits Program. In fact, the PPO option was one of the most frequent requests made by constituents in calls and e-mails to my Arizona offices. Competition among PPOs has created more health-care choices for federal employees, protected the quality of health care they receive, and provided opportunities to reduce costs. The new PPO plans will be able to offer seniors disease-management and chronic care programs not covered under traditional Medicare.

Innovation, Quality and Patient Care
Beginning this year, when a beneficiary becomes eligible for Medicare, he or she is eligible for an introductory physical. This will enable the person’s doctor to collect all relevant medical history and perform diagnostic medical tests and screenings that will allow doctor and patient to plan a personalized course of treatment and then better manage the patient’s medical conditions. All Medicare beneficiaries are encouraged to take full advantage of this and all other new benefits.

Careful monitoring of clinical outcomes and quality, a component of the new Medicare updates, is designed to foster better patient outcomes and higher patient satisfaction. By empowering beneficiaries to act as responsible health-care consumers, the Medicare program will be strengthened and will continue for future generations of Americans.

Ensuring Seniors’ Access to Quality Care

When our loved ones are in need of medical treatment, we all do whatever we can to make sure they get the best possible care as quickly as possible. And most of us want that care from the physician or health-care facility of our choice – a physician or facility that is not only well qualified to provide care, but readily available in an emergency.

Yet such access to quality care can be jeopardized when Medicare fails to pay doctors and hospitals adequately for the care they provide to older Americans. In an effort to control costs, Medicare limits the amount it pays for services, causing many hospitals, physicians, and other health-care providers to limit the number of Medicare patients they see, to stop treating Medicare beneficiaries altogether, or to compromise the quality of care they provide.

Consider that, in 2002, Medicare actually cut payments to doctors, despite the increasing cost of medical equipment and technology, medical malpractice insurance, and other expenses. Further reductions were slated for 2003, 2004, 2005, and 2006.

Congress recently passed the Deficit Reduction Act (S. 1932), which freezes payments to physicians and avoids the scheduled 4.4 percent cuts. If the cuts had taken effect, Arizonans would have been harmed, their access to quality physicians compromised. While physicians won’t see drastic payment reductions in 2006, the issue still looms large for 2007. I am taking an assertive role in shaping the discussion of physician and hospital payment. My colleagues in the House and the Senate together with the administration and physicians groups must work to find a permanent solution to this problem.

Health Insurance

An area that is of great concern is the affordability of health insurance. Small businesses and self-employed individuals often speak to me about the high cost of insurance and seek remedies to this problem. Considering the large number of small businesses and entrepreneurs in the state and across the country, it makes sense to provide viable health-insurance options to smaller purchasers.

Medical Liability

Health insurance means little if patients cannot find doctors or hospitals to treat them. Misuse of our nation’s medical liability laws is producing just this result. The dramatically rising costs of medical liability insurance for physicians and other health-care providers is, in some cases, making it too expensive for them to continue to offer care, thus compromising patients’ access to quality, affordable health care.

Since 2000, direct medical liability costs have escalated 54 percent at Arizona’s primary medical liability insurance carrier. There are only a few ways doctors and hospitals can bear those costs. They can pass a portion of them on to patients or they can alter their practice patterns. Some physicians have cut the salaries of their professionally trained medical staff or reduced the size of their practices. Those who are still employed after the cutbacks are overworked and stretched thin with added responsibilities. Other doctors have reduced or completely eliminated some gynecological, surgical, or high-risk obstetric procedures. Perhaps most disturbing are the ever increasing instances of physicians retiring early, relocating their practices to states with friendlier laws, or dropping certain specialties altogether.

The average wait for a consultation with a gastroenterologist in the Phoenix area is now two to three months. Administrators at Mesa hospitals report that, at their facilities, there is an acute shortage of both orthopedic surgeons and neurologists that causes both emergency room and inpatient consults to be delayed, almost on a daily basis. The last practicing Ob-Gyn working outside of the reservation in Apache County has stopped delivering babies. Patients who suffer a serious trauma or injury have only one option for treatment in southern Arizona because other facilities have closed their units. This is in part due to exorbitant premiums and the lack of physicians willing to practice under the threat of lawsuits.

And consider this: According to the Hudson Institute, while medical malpractice insurance hikes and frivolous suits are limiting our access to health care, the trial lawyers are cashing in. A study by the Institute found that 57 cents of every dollar awarded in malpractice cases goes not to the patient who was harmed, but to trial lawyers.

Left unchecked, the problem will make more physicians flee our state to others that have laws limiting abuse and exorbitant awards, while other physicians will elect to go without liability coverage and take the chance that they will not be sued. All too many doctors will retire early from the practice of medicine. None of these options is desirable.

In an effort to address the problem, I’ve cosponsored the Help Efficient, Accessible, Low Cost, Timely Health Care (HEALTH) Act, which would limit non-economic damages for pain and suffering awarded in malpractice suits. The bill would impose no limit on the economic damages that could be awarded. Our neighbor to the west, California, has implemented a $250,000 cap on non-economic damages since 1975. As a result, California’s malpractice insurance premiums rose less than those in the rest of the country (167 percent versus 505 percent).

Health Savings Accounts

Health savings accounts were created in the 2003 Medicare law and allow all Americans the opportunity to have more affordable, quality healthcare. HSAs bring together a high-deductible health plan with a tax-free personal savings account for medical expenses. HSAs allow health-care consumers to shop for care that best meets their needs and restrain unnecessary spending. More importantly, it allows individuals to continue their health-care coverage even if they are between jobs. This new feature has been embraced by more than three million people, many of whom were previously uninsured.

The HSAs’ tax advantage is this: An employer’s contributions to an individual’s HSA are excluded from the employee’s taxable income. The employee’s contributions are also left untaxed, as is the interest generated within the account. Total yearly contributions could be as large as the individual’s health-insurance plan deductible, between $1,000 and $5,000 for self-coverage ($2,000 and $10,000 for family coverage). And consider this: Distributions from the account would remain tax-free as long as the money is used for qualified medical expenses. This includes but is not limited to prescription and over-the-counter drugs, long-term care services, and health-coverage purchases continued under COBRA policies.

In his State of the Union Address, President Bush outlined his plans to make HSAs more affordable and portable. I support these efforts and am interested in working on sound tax and health policy legislation. As one of the Members who developed the HSA option, I am glad they have been received well and look forward to making sure they work as intended. This may mean tailoring HSAs to allow for higher contributions (the current maximum amount is $2,700 for individuals and $5,450 for families) and supporting a refundable tax credit.

Women's Health

Thousands of women across the country have become engaged in the issue of hormone-replacement therapy, and whether it is advisable to undergo it. The Food and Drug Administration recently had a public comment period examining whether restrictions should be placed on compounding pharmacists who dispense hormones synthesized from plants. The agency received more than 40,000 comments on this topic from all across the country. It is currently reviewing its policies on hormone-replacement therapy and hopefully will have a decision in the near future. In the meantime, I encourage women to research this issue, and if you have questions or comments, please contact my office.

 

Printable Version

Medicare is Moving to Implement the New Drug Benefit

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"No Sauce for the Gander, Why can't Americans have the same health care coverage as Congress?" By Robert L. Bartley, The Opinion Journal, August 18, 2003.

More Health Care Reform press material

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