文字起こし 🔗
WEBVTT
00:00:00.239 --> 00:00:03.359
If you like your healthcare plan, you keep your healthcare plan.
00:00:03.759 --> 00:00:06.799
Nobody knew that healthcare could be so complicated.
00:00:07.200 --> 00:00:09.279
It's only beat Medicare.
00:00:09.679 --> 00:00:12.080
This is the Doctor's Lounge.
00:00:17.920 --> 00:00:19.519
Welcome to the Doctor's Lounge.
00:00:19.600 --> 00:00:23.199
We have a special Tuesday episode with none other than the famous Dr.
00:00:23.359 --> 00:00:24.559
Adam Brugeman.
00:00:24.719 --> 00:00:32.000
He's famous in the uh certainly online world of physicians and health policy, and it's uh fantastic to have him on.
00:00:32.079 --> 00:00:39.359
We almost had him on uh many months ago, but he was, you know, doing things like testifying in front of Congress or something like that.
00:00:39.520 --> 00:00:45.600
So uh by way of introduction, for those who do need it, um he is an ortho uh Dr.
00:00:45.679 --> 00:00:51.920
Wiggleman is an orthopedic spine surgeon who decided very early on that taking uh good care of patients wasn't enough.
00:00:52.159 --> 00:00:57.520
Um most for most folks, most physicians like me, that's about barely all we can do.
00:00:57.679 --> 00:00:58.240
Uh, but Dr.
00:00:58.320 --> 00:01:08.480
Wiggerman said, you know what, this is not enough because if the payment system punishes people, punishes the people doing it, then we as physicians kind of have to do something about it.
00:01:08.640 --> 00:01:10.000
And he's kind of a testament to that.
00:01:10.079 --> 00:01:10.560
So Dr.
00:01:10.640 --> 00:01:13.840
Burgerman is the founder and CEO of the Texas Spine Care Center.
00:01:13.920 --> 00:01:17.519
It's an independent spine practice that he owns in San Antonio.
00:01:17.680 --> 00:01:21.280
Uh, most of his peers have sold a hospital system of private equity.
00:01:21.519 --> 00:01:22.480
He has not.
00:01:22.640 --> 00:01:25.519
Um, his resume is kind of uh unusual for a surgeon.
00:01:25.599 --> 00:01:27.200
You kind of see where he's come from.
00:01:27.359 --> 00:01:35.200
He studied health administration and policy at Creighton, then earned a master's degree uh in hospital administration at Trinity University before medical school.
00:01:35.359 --> 00:01:42.159
At UT Health San Antonio, he graduated first in his class, that's not a surprise, and was elected to Alpha Mega Alpha.
00:01:42.319 --> 00:01:48.319
He did his orthopedic residency at the University of Florida, where his colleagues nicknamed him the senator for his involvement in health policy.
00:01:48.480 --> 00:01:51.120
He did a spine fullish but South Texas Spine Clinic.
00:01:51.280 --> 00:01:57.120
He's since gone further into policy than almost any practicing physician, I would say.
00:01:57.280 --> 00:02:00.640
Um he served as uh president of the Texas Orthopedic Association.
00:02:00.799 --> 00:02:08.080
He's chaired the advocacy council of the American Academy of Orthopedic Surgeons, and he's hosted the group's advocacy podcast.
00:02:08.240 --> 00:02:15.120
He writes and speaks regularly on Medicare, Medicare Physician Payment, bundle payments, prior prior authorization, the economics of independent practice.
00:02:15.280 --> 00:02:45.680
And he is here to talk about um something that is near and dear to all our hearts right now, uh the No Surprises Act, uh, as well as independent dispute resolution, heretofore known as IDR, um, because that has been a uh uh buzzwords that have been uh pretty hot in the health policy world, certainly in the health policy think tank world, uh, you know, the no surprises act has gotten a tremendous amount of uh attention.
00:02:45.840 --> 00:02:56.000
Um for the, of course, for those who aren't in the space, you know, NSA, the No Surprise Act, is is kind of you know letters that don't mean too much.
00:02:56.240 --> 00:02:56.960
So Dr.
00:02:57.120 --> 00:03:00.159
Burgeman, I can't think of anyone better to talk about this uh than you.
00:03:00.240 --> 00:03:05.280
Can you can are you able to give us an introduction on what exactly the NSA is?
00:03:05.599 --> 00:03:06.319
Yeah, it is it is.
00:03:06.719 --> 00:03:07.439
Oh, and by the way, welcome.
00:03:07.520 --> 00:03:07.919
Welcome to the show.
00:03:08.000 --> 00:03:08.400
Thank you for coming.
00:03:08.719 --> 00:03:08.879
Thank you.
00:03:09.039 --> 00:03:09.199
Of course.
00:03:09.439 --> 00:03:18.319
Yeah, it it is uh it is not the national uh it's not it's not a fight agency by any stretch of the imagination, which I think is what most people get confused at when they when they Google NSA.
00:03:18.560 --> 00:03:22.240
They uh they find the wrong wrong organization the government administers.
00:03:22.560 --> 00:03:30.479
Um but you know, the NSA really, if you think about it, and and uh being in Texas, we were kind of on the early forefront of it.
00:03:30.719 --> 00:03:41.599
Um it's really all about what do we do when a doctor and an insurance company can't agree about how much the value of the care being delivered is worth.
00:03:41.840 --> 00:03:43.120
That's it, right?
00:03:43.520 --> 00:03:45.680
How do we solve that conundrum?
00:03:45.919 --> 00:04:03.199
And for a long time, we solved the conundrum by letting doctors take whatever they got from the insurance company and then turn around and go to the patients and say, Hey, your insurance company didn't give me what I think I'm worth, and I'm going to charge you the rest.
00:04:03.439 --> 00:04:11.840
That was known as balance billing, um, sometimes called surprise billing because the patient wasn't expecting that additional bill.
00:04:12.080 --> 00:04:19.519
And so No Surprises Act was put into place because it started to get pretty out of hand.
00:04:19.680 --> 00:04:26.319
Um, there were some really large dollar amounts that were passing hands between insurance companies, patients, and physicians.
00:04:26.560 --> 00:04:39.279
And patients were ending up with really large bills that frankly uh
Load full transcript
they couldn't afford or uh were just unreasonable and felt like the insurance company should be stepping in to take care of it.
00:04:39.439 --> 00:04:47.439
And so at the end of the day, uh New York actually was probably the first one to really come up with what we would consider to be the modern system.
00:04:47.839 --> 00:04:53.519
They resolved it by creating what's called baseball style arbitration.
00:04:53.839 --> 00:04:55.439
Because here's what they did.
00:04:55.680 --> 00:05:00.160
First, they said, most importantly, let's get the patients out of the middle.
00:05:00.319 --> 00:05:03.199
Let's not have patients be responsible for these bills.
00:05:03.360 --> 00:05:09.839
Let's come up with a number that a patient's responsible for, and then let's deal with the insurance company and the doctor afterwards.
00:05:10.079 --> 00:05:18.879
So, primary importance, primary goal of the bill and the federal bill and every state bill that's ever been done, protect the patient.
00:05:19.279 --> 00:05:19.680
Right?
00:05:19.920 --> 00:05:26.639
Not protect the doctor, not protect the insurance company, not protect the employer, protect the patient.
00:05:27.279 --> 00:05:35.600
The the end result of that is we had to come up with a system for how we would deal with the doctor and the insurance company if they couldn't agree.
00:05:35.759 --> 00:05:38.959
So we give them some period of time to negotiate.
00:05:39.120 --> 00:05:49.680
If they can't agree on it, then we have to have a way of getting to a final number because we're gonna ban the doctors from going back to the patients and securing that dollar amount.
00:05:49.839 --> 00:05:52.879
That way we can, again, protect the patient.
00:05:53.360 --> 00:05:57.600
Baseball style arbitration, high-stakes arbitration.
00:05:57.680 --> 00:06:13.120
It's been called a bunch of different things, essentially where the arbitrator can only select one offer or the other offer, not do what they like to do in many cases, which is split the baby, so to speak, where they pick a number somewhere in between the two numbers.
00:06:13.360 --> 00:06:25.759
The goal of high-stakes arbitration is to force both sides to a negotiation because if you're really far apart, like we're seeing now in some negotiations, you have a lot to lose.
00:06:26.079 --> 00:06:29.759
You could be on the wrong side of a major decision.
00:06:30.079 --> 00:06:38.240
So it's to your advantage, unless you really know that you're right, to come to the negotiating table and figure it out before you get to arbitration.
00:06:38.560 --> 00:06:46.639
And at the end of the day, whatever the decision is made, uh the state government, New York said it's gonna have to be binding.
00:06:46.800 --> 00:06:56.079
We can't let this continue to go on forever and ever, dispute it in the courts, go get a second opinion, get a third opinion, appeal it, go to the Supreme Court, do whatever.
00:06:56.160 --> 00:06:57.199
It's gotta stop.
00:06:57.439 --> 00:06:59.680
Everybody's going to agree this is the end of it.
00:07:00.800 --> 00:07:04.480
New York's bill works fabulously.
00:07:04.720 --> 00:07:05.839
Everybody's happy.
00:07:06.079 --> 00:07:14.800
The insurers are happy, the employers are happy, the doctors are happy, the patients are happy, the insurance uh administration is happy.
00:07:14.959 --> 00:07:20.639
And there's a study done by Georgetown Health Policy that outlines all of this before it becomes a national bill.
00:07:20.959 --> 00:07:30.399
The state of Texas looks at what happened in New York and says, that's a really good idea, slight modifications, and ultimately implements essentially the same bill.
00:07:30.720 --> 00:07:35.759
We get to the federal government who says, gosh, we need to do something about this.
00:07:36.000 --> 00:07:36.560
Why?
00:07:36.879 --> 00:07:44.319
Because these states are coming up with plans and ideas on how to fix the problem, but they're limited in scope.
00:07:44.480 --> 00:07:47.040
They can only address certain plans.
00:07:47.360 --> 00:07:56.319
Those plans where your employer goes into the market, takes no risk, and buys a plan on behalf of their employees.
00:07:56.560 --> 00:08:12.480
But in cases where the employer is truly just using the insurance company as a third party, but is actually paying the bill and is fully self-insured, those claims are ultimately the jurisdiction of the federal government.
00:08:12.800 --> 00:08:15.120
So we needed a federal bill.
00:08:15.199 --> 00:08:17.279
And there were a lot of ideas on how to do that.
00:08:17.360 --> 00:08:19.120
I'm sure we can get into all that.
00:08:19.439 --> 00:08:37.759
At the end of the day, a large bipartisan agreement occurs where people who normally didn't agree on things agreed that the way to handle this was the way that New York, a blue state, and Texas, a red state, agreed on how to do things.
00:08:37.840 --> 00:08:40.159
And that was baseball style arbitration.
00:08:40.320 --> 00:08:45.120
So here we are today with a lot of issues that have come up now.
00:08:45.200 --> 00:08:49.600
Uh, but essentially the No Surprises Act was that bill.
00:08:49.840 --> 00:09:03.039
You mentioned another term, the IDR, the independent dispute resolution, is the name we give to the process we go through in the arbitration uh component of that disagreement.
00:09:03.200 --> 00:09:09.120
And the one thing I think gets lost in some of this is the percent that ends up in arbitration.
00:09:10.159 --> 00:09:35.600
So we know that 95% of all claims either A, the doctor accepts the initial payment from the insurance company, or B settles before we ever get to any sort of arbitration, meaning the two sides agreed on it, or the doctor just ultimately accepts the original payment.
00:09:35.919 --> 00:09:41.200
Only 5% end up in that last category that ultimately go to arbitration.
00:09:41.279 --> 00:09:42.240
It's actually 6%.
00:09:42.879 --> 00:09:46.399
Uh the insurers win about
one per one more percent.
00:09:46.559 --> 00:09:56.480
So if you add it all up, insurance companies are essentially paying what they believe to be their fair payment 95% of the time.
00:09:56.720 --> 00:10:02.240
Physicians are winning in arbitration 85% of the time, but that's on that last 6%.
00:10:02.799 --> 00:10:14.399
So in reality, in totality of all the claims that are out of network, doctors are only going and winning 5% of the time, and insurance companies are winning 95% of the time.
00:10:14.559 --> 00:10:19.200
The fight that we hear today, if you aren't aware of it, is about that last 5%.
00:10:20.480 --> 00:10:27.360
Insurance companies want to make that their dollar amount that they won the first 95% on.
00:10:27.519 --> 00:10:31.360
They do not want doctors to be able to get a number above that.
00:10:31.600 --> 00:10:35.840
Doctors are fighting and saying that's price fixing, that's unfair.
00:10:36.000 --> 00:10:49.120
I should be able to go in front of an arbitrator, put my data out there, and it's clear that when we do that and we have an independent arbitrator, somebody who has nothing to do with either party, they pick my data 85% of the time.
00:10:49.200 --> 00:10:55.759
It's clear that we need to allow me to go to arbitration when I don't get a fair number up front.
00:10:56.080 --> 00:10:58.399
So I'm gonna stop there because that was a lot of talking.
00:10:58.559 --> 00:11:02.240
But I think that gives a good baseline of where we are.
00:11:02.320 --> 00:11:09.840
Um and I'm happy to talk about any piece of it, what's gone wrong, the lawsuits, all the different things that have occurred to get us to this point.
00:11:10.639 --> 00:11:20.399
I think an important point to make, and I'd love to have you expand on it a bit, is if you don't have the IDR process as a backup, it's not just about that 6%, right?
00:11:20.559 --> 00:11:24.399
Because that affects the way the insurance companies can negotiate with you.
00:11:24.639 --> 00:11:36.799
And uh, we had Ed Gaines on on the show a while back, uh, who had an excellent example, and he talked about what happened in California, which took a different approach uh to IDR with more of a benchmarking approach.
00:11:36.960 --> 00:11:47.840
And that affected how independent doctors could then negotiate with insurance companies because if they can't hold out, uh then the insurance company has a lot more leverage on those negotiations.
00:11:48.000 --> 00:11:49.440
Can you go into that a little bit?
00:11:49.919 --> 00:11:53.600
Yeah, I mean, uh, you know, essentially that's the complaint today.
00:11:53.759 --> 00:11:56.320
The insurance companies are saying this is now unfair.
00:11:56.480 --> 00:12:04.080
You've priced, you've created a new price, and these doctors are winning at a higher price than what we pay, and that's not fair.
00:12:04.320 --> 00:12:24.240
But the opposite of that is where we've been, and California has been, which is that essentially the insurance companies, when setting a benchmark, then turn around and go to their own in-network groups and they say, hey, listen, um, this bill is passed, um, and it says that here is the benchmark.
00:12:24.399 --> 00:12:31.039
And we've previously contracted with you before all of this occurred at a number higher than this benchmark.
00:12:31.279 --> 00:12:33.039
So we don't like that.
00:12:33.200 --> 00:12:39.679
We know that we can get you down to the benchmark, and if you choose to not accept it, you're still just going to get the benchmark anyway.
00:12:39.840 --> 00:12:42.399
So we have unilateral control over pricing.
00:12:42.480 --> 00:12:49.279
And at this point in time, we believe that you either take our new contract or you go out of network and you are forced to take our contract.
00:12:49.440 --> 00:12:50.320
And we saw that.
00:12:50.399 --> 00:12:53.039
And you know where we saw that was Blue Cross Blue Shield.
00:12:53.200 --> 00:12:56.960
I don't know if this came up with Ed, Blue Cross Blue Shield of North Carolina.
00:12:57.200 --> 00:13:09.039
Immediately after the No Surprises Act was passed, but before it was implemented, in other words, before the rules were written by the Tri-Departments, labor, treasury, and health and human services.
00:13:09.600 --> 00:13:33.440
Blue Cross Blue Shield of North Carolina sent a letter to what they considered to be expensive doctors, meaning doctor groups that they had already contracted with and threatened to cancel their contracts because they explicitly stated that the No Surprises Act was going to bring down the contracting rate for them and that the doctors should either accept the new contracted rate or go out of network.
00:13:33.600 --> 00:13:49.919
So, in other words, insurance companies then use it as a weapon to force doctors out of network and or force them to the number that they feel is appropriate, which, frankly, is in many cases not has no relation to value, quality, outcomes.
00:13:50.159 --> 00:13:58.320
It's purely a budgetary number designed to improve revenue back to either the parent company or to the shareholders.
00:13:59.360 --> 00:14:04.720
So it would seem like if you set up these kind of caps on being out of network, right?
00:14:04.960 --> 00:14:18.720
Um which is the proposed solution to uh by many folks, that seems to hold that you will eventually drive down the uh the the rates that doctors can get, correct?
00:14:19.519 --> 00:14:20.320
That's exactly right.
00:14:23.039 --> 00:14:26.639
Is there uh data outside of anecdotes to kind of back?
00:14:27.039 --> 00:14:28.559
It seems like do we need data for that?
00:14:28.639 --> 00:14:40.000
I mean it's it seems so obvious that there is a if you if you cap outer network, if you cap they basically don't want to have a uh they don't want to deal with out of network uh out of network doctors, right?
00:14:40.080 --> 00:14:41.759
And so they they just want to have like some cap.
00:14:42.000 --> 00:14:47.840
Uh sorry,
Adam, and I I may have missed it in in in the what what are they proposing that cap be?
00:14:48.720 --> 00:14:50.480
Yes, or some proposals.
00:14:50.879 --> 00:14:58.559
Yeah, there's a proposal, there's a bill that is out there recently introduced by the ranking member of Energy and Commerce, Frank Pallone from New Jersey.
00:14:58.799 --> 00:14:59.120
Right.
00:14:59.360 --> 00:15:10.799
Um, he has introduced a bill that uh does a handful of things, but most importantly ties what is paid out in the added network rate to what's called the QPA.
00:15:10.879 --> 00:15:12.399
That's not a term we've talked about yet.
00:15:12.639 --> 00:15:14.960
It's called the qualified and payment amount.
00:15:15.120 --> 00:15:24.080
It is the amount that the insurance company has uh calculated for the purposes of determining how much the patient owes, okay?
00:15:24.320 --> 00:15:30.159
And it is supposed to be calculated based on the average in-network contracted rate today.
00:15:30.480 --> 00:15:40.480
Um we know from the lawsuits that the Texas Medical Association took on that the QPA is clearly not accurate.
00:15:40.720 --> 00:15:51.759
And the very few audits that the federal government has done on the calculations of the QPA has has shown that the insurance companies have proven that it's not accurate.
00:15:52.000 --> 00:16:10.960
So, what we want to do now is benchmark to a number that is clearly not accurate and was really, again, designed to help figure out how much a patient is um is has to owe, because they have to owe, we have to figure out what's your copay deductible and coinsurance on this bill.
00:16:11.120 --> 00:16:15.600
We don't know how much it's gonna ultimately settle for, and we want to get the patient out of the middle.
00:16:15.759 --> 00:16:18.000
So we have to calculate that up front.
00:16:18.159 --> 00:16:30.399
Um, I think people get confused about the QPA and believe that that is the amount that they get paid initially as the initial payment in the IDR and the No Surprises Act process, and that is not accurate.
00:16:30.559 --> 00:16:33.759
The insurance company can pay any number that they feel fit.
00:16:34.000 --> 00:16:37.679
It can be substantially lower than the qualifying payment amount.
00:16:37.840 --> 00:16:39.600
They do not have to pay the QPA.
00:16:39.840 --> 00:16:47.360
So at this point, uh that is what Frank Pallone wants to base everything on.
00:16:47.600 --> 00:16:52.960
And interestingly, he also said that it cannot be challenged in the court of law.
00:16:53.120 --> 00:16:58.480
In other words, the TMA uh lawsuits would not be allowed under Pallone's rule.
00:16:58.639 --> 00:17:06.480
He wants the insurance companies to be able to calculate it and then not be held responsible for how they calculate it to anybody outside.
00:17:07.039 --> 00:17:07.759
So so, Dr.
00:17:08.000 --> 00:17:22.240
So the insurance um uh company lobbyist uh manifested in Congress, uh Frank Pallone, is is you know clearly um uh uh attached to QPA.
00:17:22.319 --> 00:17:23.920
And this is such an important point.
00:17:24.160 --> 00:17:26.720
I know it gets lost in NSA, IDR, QPA.
00:17:26.880 --> 00:17:34.880
QPA is simply the median uh uh uh you know in-network uh rate that is being paid.
00:17:34.960 --> 00:17:45.119
And the whole IDR fight is about whether or not this one insurer calculated number is a fair stand-in for what the market rate is.
00:17:45.359 --> 00:17:54.240
So the whole thing that you'll see uh that uh we're gonna talk about over and over again is is the fact that everyone uh the think tanks, right?
00:17:54.319 --> 00:18:09.359
The think tanks that again have they say they have the interests, the best interests of the of the patients at heart, maybe they do, but the whole thing is based on this idea that the QPA is the fair price, right?
00:18:09.599 --> 00:18:17.599
Like so the so the so the Paragon Um Health Institute um you know uh uh says it out front, right?
00:18:17.680 --> 00:18:22.079
They say, look, the problem with this is that the um where is it?
00:18:22.160 --> 00:18:23.279
Sorry, I'm reading here.
00:18:23.440 --> 00:18:26.960
Um the uh yeah, so here we go.
00:18:27.039 --> 00:18:32.799
Uh emergency medicine providers had a medium of median awards of 3.5 times the QPA.
00:18:32.960 --> 00:18:38.319
Neurologic surgery had median awards of 28 times QPA, physician assistants at 26 times the QPA.
00:18:38.480 --> 00:18:46.400
And these arbitration awards are much higher uh uh uh than that you know uh the median in-network rate.
00:18:46.480 --> 00:18:51.759
So it's about five and a half times the Medicare rate for the same uh uh uh services.
00:18:51.920 --> 00:18:58.480
Um and the median awards for all disputed line items, all these disputes, were about four times the QPA.
00:18:58.559 --> 00:19:03.920
So they're saying, uh Adam, that um that look, this is multiples of the QPA.
00:19:04.000 --> 00:19:14.400
And if you look at specific subtypes like neurosurgery and uh um and what else, uh physician assistants, um this is like 28 to 26 times the QPA.
00:19:14.480 --> 00:19:17.200
So Adam, how do you what what's what's the response there?
00:19:17.359 --> 00:19:21.440
Like are are are this is we're like massively overpaying uh compared to the QPA.
00:19:21.680 --> 00:19:23.119
That's why the QPA is so important, right?
00:19:23.200 --> 00:19:27.279
Because the QPA is being decided as hey, that is what that is that is what a physician has worked.
00:19:27.920 --> 00:19:31.119
Yeah, I think I mean a handful of things that just immediately come to mind.
00:19:31.279 --> 00:19:35.279
Number one, you know, uh Anish and I are in solo practice.
00:19:35.359 --> 00:19:40.400
So I this is not a good example, but Sonat and Anthony are not in solo practice, right?
00:19:40.480 --> 00:19:41.920
So you guys have partners.
00:19:42.079 --> 00:19:50.880
Um when you bring on a partner, uh, Anthony, how um and uh you've been, I'm sorry, you've been in
practice for how how many years now?
00:19:51.119 --> 00:19:53.119
Yeah, seven, eight-ish, something like that.
00:19:53.279 --> 00:19:53.359
Okay.
00:19:53.680 --> 00:19:54.160
Lost track.
00:19:54.400 --> 00:19:57.359
Um and and do you have any partners who have been in practice?
00:19:57.519 --> 00:20:01.440
So who how long is the longest person who's in your group been in practice for?
00:20:01.759 --> 00:20:04.640
Oh my gosh, it's gotta be 30 years.
00:20:04.960 --> 00:20:05.599
30 years.
00:20:05.839 --> 00:20:06.160
Okay.
00:20:06.799 --> 00:20:26.079
And let's just take let's just take whoever that person is and let's assume that uh, and you may have, that uh in July or August, you guys picked up a young just graduated uh somebody out of fellowship or out of residency uh who wanted to join your um your group.
00:20:26.240 --> 00:20:27.440
Did that happen at all?
00:20:27.599 --> 00:20:28.480
Do you know?
00:20:29.119 --> 00:20:31.119
Oh yeah, we got we got some youngins.
00:20:31.519 --> 00:20:32.799
Okay, perfect.
00:20:33.119 --> 00:20:49.599
What did the person who graduated from residency um on in let's call it uh that started with the practice on August 1st as their first day of first day ever in practice as a doctor get paid compared to what did the doctor with 30 years of practice get paid?
00:20:50.000 --> 00:20:52.559
There is a substantial differential between those two.
00:20:53.119 --> 00:20:54.400
But what did they get paid?
00:20:54.559 --> 00:20:58.720
What did what did UCSF get paid for the work that they did?
00:20:59.359 --> 00:21:01.920
Yeah, so UCSF gets paid probably the same.
00:21:02.079 --> 00:21:03.920
Uh details in the contract.
00:21:04.079 --> 00:21:06.079
But yeah, per RVU, they're getting the same.
00:21:06.480 --> 00:21:07.599
That's exactly right.
00:21:07.839 --> 00:21:38.319
So so we have a system within healthcare where we have agreed as physicians somewhere a long time ago that it doesn't matter whether you save the system money or don't save the money, whether you take the patient to the surgery center or take them to a hospital, whether you are employed or you're an independent practice, whether uh you've been practicing for 30 years or this is your first day in practice and you've never performed a procedure before, we pay everybody the same price.
00:21:38.559 --> 00:21:48.480
And the determination for how much we pay a group anywhere across the United States is based on the bargaining power of that of the entity that is negotiating.
00:21:48.640 --> 00:22:05.599
It is purely based on how big the entity is and how important that entity is to that market, not based on whether or not that entity provides any quality, whether it reduces costs, and whether or not The person, the individuals within that organization have more experience or less experience.
00:22:05.680 --> 00:22:08.240
And I cannot think of a service industry.
00:22:08.400 --> 00:22:12.880
You know, imagine if I went to my attorney and I
said, I want to pay you at the paralegal rate.
00:22:13.039 --> 00:22:15.359
I'm not paying you at the senior partner rate.
00:22:15.759 --> 00:22:21.519
I don't care how many, you know, how much you want to charge me thousands of dollars an hour.
00:22:21.839 --> 00:22:25.920
I want the$200 an hour rate from the paralegal, right?
00:22:26.079 --> 00:22:31.359
That doesn't happen in the master plumber doesn't charge what a regular plumber charges.
00:22:31.519 --> 00:22:34.400
The master electrician doesn't charge what a regular electrician charges.
00:22:34.559 --> 00:22:39.119
And when it's a complex, complicated process, they charge more, right?
00:22:39.519 --> 00:22:42.240
And and in in healthcare, we just don't do that.
00:22:42.400 --> 00:22:48.640
It's like every spine fusion is the same, every dysquectomy is the same, every cardiac intervention is the same.
00:22:48.880 --> 00:22:52.000
Doesn't matter how sick the patient is, what I had to do to get there.
00:22:52.079 --> 00:22:54.960
It is paid the same, and it doesn't matter how much experience I have.
00:22:55.200 --> 00:23:00.400
So that just in and of itself helps to explain why the QPA is wrong.
00:23:00.559 --> 00:23:14.160
But I think there's a really good study that was out there that looked at the QPA and it compared it to the actual data that has been published by insurance companies to what the average in-network rates were.
00:23:14.240 --> 00:23:16.160
And it looked at the two, and you know what it found?
00:23:16.319 --> 00:23:28.880
It found that in many cases the QPA was a third, in other words, a third to a fourth that of the actual amount that the that that was being published as their average in-network rate.
00:23:29.119 --> 00:23:37.759
In other words, because the QPA is so artificially deflated, it's not uncommon for physicians to make three to four times that amount.
00:23:37.920 --> 00:23:43.839
And in particular, and I know none of us on this call are in anesthesia emergency medicine.
00:23:44.079 --> 00:23:58.640
In particular, in those two specialties, it is the common thing where doctors get paid three to four times the Medicare rate in their private practice, in their private insurance contracts compared to what they make on their Medicare patients.
00:23:58.720 --> 00:24:06.480
And QPA would not be unsuspecting to be one-third to one quarter the amount that they should be paying in those cases.
00:24:08.000 --> 00:24:09.119
I've got a question for you.
00:24:09.279 --> 00:24:11.759
Um and Adam, it's just great to finally chat face to face.
00:24:11.920 --> 00:24:12.000
Yeah.
00:24:12.480 --> 00:24:14.480
You've interacted uh indirectly.
00:24:14.799 --> 00:24:25.839
Uh can you can you uh um ascribe a cost to what this process is is what what the what is what's a tab on this?
00:24:26.160 --> 00:24:27.440
What's the tab on this?
00:24:27.839 --> 00:24:41.680
Um how much of that goes towards paying physicians, how much of that is administrative, and that's gonna lead to my uh second question, which is how much money are we spending to basically uh hinder price discovery in healthcare?
00:24:42.640 --> 00:24:43.200
All right.
00:24:43.519 --> 00:24:48.160
Uh so the question, uh the answer to number one is I don't think we know.
00:24:48.240 --> 00:24:49.440
And let me tell you why.
00:24:49.599 --> 00:24:55.039
Uh the number that's been published, New York Times and others have picked up on the number, is$22 billion since inception.
00:24:55.200 --> 00:24:55.440
Okay.
00:24:55.839 --> 00:25:02.000
But I can tell you because we did some investigating into this, um, we being sorry, we didn't talk about it.
00:25:02.079 --> 00:25:10.319
I I run a 501c4 called Indimed, which looks at um which is supporting independent physicians uh and and their issues.
00:25:10.480 --> 00:25:30.799
And we are look, we looked at the public use files, we found, just like several other people did, I think it's seven or eight different instances where it's probably a uh data entry problem where it listed that a an emergency medicine physician got paid in excess of$200 million in seven or eight different scenarios.
00:25:30.960 --> 00:25:35.680
Okay, we know they did not get paid$200 million on those claims.
00:25:35.839 --> 00:25:39.359
Uh it might have been$2,000, but it definitely wasn't$200 million.
00:25:39.759 --> 00:25:45.680
But those$200 million numbers continue to get included in the$22 billion number.
00:25:45.839 --> 00:26:01.119
In addition, we found ones where it was clearly they forgot to hit the decimal point, or they uh typed the same number too many times, or the number entered in was the same a number as the uh dispute number, which there's a dispute number that's assigned to every single one of them.
00:26:01.200 --> 00:26:08.079
And so it was this really large number that was exactly the same as the dispute number, which clearly somebody again typed the numbers in wrong.
00:26:08.319 --> 00:26:10.319
So I don't know the answer to your question.
00:26:10.480 --> 00:26:21.200
I would tell you about a third of that is probably coming from um the cost of administering the uh the process, and about two-thirds of it is probably going to physicians according to the data.
00:26:21.359 --> 00:26:25.119
So we need to take a look at all of that and confirm whether or not that's accurate.
00:26:25.359 --> 00:26:28.319
But uh that is that is the data that is out there.
00:26:28.880 --> 00:26:30.400
So where's that money coming from?
00:26:30.559 --> 00:26:38.079
I mean, who's actually besides uh besides the QPA piece, where's all the administrative and other um funds coming from?
00:26:38.160 --> 00:26:43.279
And and and how does that translate into premiums for the employers?
00:26:43.440 --> 00:26:48.640
Because the the there's there's there's one critical stakeholder that that that's never involved in these conversations.
00:26:48.799 --> 00:26:55.359
As we go to more employer-based contracts, the employer
doesn't have a say in any in any of what happens here, which is sort of fascinating.
00:26:56.160 --> 00:27:03.279
Yeah, so who's paying uh in in in ERISA claims, it's gonna be the employers directly paying, not the insurance company.
00:27:03.519 --> 00:27:10.000
In um in you know, in non-ARISA claims, it would be the insurance company's paying up.
00:27:10.640 --> 00:27:15.359
The the administrative fees are coming down because the federal government just reduced them dramatically.
00:27:15.440 --> 00:27:19.519
And so it'll be interesting to see how much that impacts that administrative cost.
00:27:19.680 --> 00:27:23.519
Uh, but the arbitrators still have a substantial piece in there, too.
00:27:23.680 --> 00:27:28.799
So we're we've reduced the cost per claim per disputed by$100.
00:27:29.519 --> 00:27:34.000
I think there were, you know, in the in the last quarter, there were like over a million claims.
00:27:34.079 --> 00:27:35.920
So a million claims times a hundred dollars.
00:27:36.000 --> 00:27:40.480
We're gonna save a hundred million dollars in the last quarter just in arbitration fees.
00:27:40.640 --> 00:27:48.319
The loser pays the arbitration fees, so um uh or pays the pays the arbitrator's fees.
00:27:48.480 --> 00:27:52.880
So uh the if if the doctor loses, then some of that money's coming out of the doctor's pocket.
00:27:53.039 --> 00:28:01.119
If the insurance company loses the 85% of the time, that's coming from the insurance company, which ultimately in many cases is coming from the employer.
00:28:01.279 --> 00:28:03.039
How does that impact um premiums?
00:28:03.200 --> 00:28:04.319
It's an interesting conversation.
00:28:04.480 --> 00:28:05.759
There's actually a study on it.
00:28:05.920 --> 00:28:08.720
Uh, British Medical Journal looked at this, and you know what they found?
00:28:08.960 --> 00:28:12.400
Found that patients out of pocket went down while premiums didn't change.
00:28:12.640 --> 00:28:20.559
And so it's it's really hard for us to get our hands around how it impacts premiums because I think we all know this.
00:28:20.720 --> 00:28:24.640
Premiums have been skyrocketing for the better part of 25 years.
00:28:24.799 --> 00:28:30.079
And we haven't really seen this like major change and uptick as a result of the No Surprises Act.
00:28:30.240 --> 00:28:39.039
So to say for when when these on these calls, when they're like, oh, our premiums are going up because of the No Surprises Act, and we determined it to be this percentage.
00:28:39.279 --> 00:28:47.359
I mean, I I kind of I think most of us in the physician community go, yeah, I mean, let's audit that like we audit a QPA and let's see what that really looks like.
00:28:47.519 --> 00:28:52.319
I mean, is that real or is that part of the uh message that's being put out there?
00:28:52.480 --> 00:29:01.119
I mean, I I think you can make the numbers in an insurance company look however you want them to look, to push whatever agenda you need to push to say
whatever cost is driving whatever cost you want to make it.
00:29:01.279 --> 00:29:07.359
The reality of it is physician dollars account for about 7% of 7 to 8% of the entire spend in healthcare.
00:29:07.519 --> 00:29:14.799
So I assure you that small percentage increases in physician spending is not dramatically driving the ultimate healthcare cost.
00:29:14.960 --> 00:29:21.599
I would tell you, as I think Anthony and all of us on this call have said many times, the number one driver right now is still hospitals.
00:29:21.920 --> 00:29:22.240
Yeah.
00:29:22.559 --> 00:29:24.000
And there's there's plenty of good evidence.
00:29:24.079 --> 00:29:34.880
You know, uh Vivian Ho and uh Zach Cooper both published numerous studies that show that that almost parallel increase between hospital spend and insurance premiums.
00:29:34.960 --> 00:29:37.519
So I think that that's definitely a point worth bringing up.
00:29:37.680 --> 00:29:43.119
Uh do you have any any sense why uh everyone was so happy with this in New York?
00:29:43.279 --> 00:29:47.599
And then when it becomes national, now all of a sudden it's not okay.
00:29:47.759 --> 00:29:50.000
I mean, what's the what's the rationale there?
00:29:50.720 --> 00:29:55.200
I, you know, I've I've wondered that myself because and and listen, it's out there, right?
00:29:55.279 --> 00:30:02.720
The Georgetown Health Policy Group put out the original paper on it and they interviewed everybody, and it was like, this was a resounding success.
00:30:02.799 --> 00:30:03.839
This is great.
00:30:04.160 --> 00:30:08.240
Um uh maybe maybe more knowledge of it.
00:30:08.319 --> 00:30:13.200
I think I think there's also a fear that what would happen if every doctor went out of network tomorrow, right?
00:30:13.279 --> 00:30:14.319
Like, what would that mean?
00:30:14.480 --> 00:30:15.920
And I think that's the fear tactics.
00:30:16.000 --> 00:30:26.640
And I've heard that those types of numbers thrown out there like, well, if every doctor did this, if every doctor canceled their contract, if everybody did it all at once, here's what that would look like, and that's why this is crazy.
00:30:26.799 --> 00:30:32.480
But I mean, every doctor's not, and ever and it's and you know, that's a part of the way that this works.
00:30:32.559 --> 00:30:34.640
It's been consistent over all of the data.
00:30:34.799 --> 00:30:38.079
It's about 6% of claims that go to the arbitration process.
00:30:38.160 --> 00:30:41.839
It's it's 6%, you know, 6% of the eligible claims.
00:30:41.920 --> 00:30:42.720
It's not moving.
00:30:42.880 --> 00:30:46.240
So I don't know what is creating the problem.
00:30:46.400 --> 00:30:52.480
I don't know uh why we are seeing such a um vocal change on it.
00:30:52.720 --> 00:31:00.640
Um, you know, people talk about the number of estimated claims that we're going to go through this as being somewhere around 17,000.
00:31:00.880 --> 00:31:08.079
I I just wish that uh truth and advertising that every
everybody knows the answer to this question who's in the health policy arena.
00:31:08.240 --> 00:31:12.559
And the answer is they based it on New York, and New York excluded emergency medicine.
00:31:12.720 --> 00:31:12.960
Okay.
00:31:13.200 --> 00:31:16.799
Emergency medicine is the number one submitter of arbitration claims.
00:31:16.960 --> 00:31:26.960
Had they based the national amount on the already existing Texas experience, they would have gotten the nut, they would have overestimated the number of claims that came in.
00:31:27.039 --> 00:31:33.119
So if we based it on Texas and then extrapolated to the United States, they would have guessed too many claims coming in.
00:31:33.200 --> 00:31:40.240
They would have guessed almost two million claims coming in, which are one and a half million claims coming in, which would have way overestimated the first year's claims.
00:31:40.559 --> 00:31:43.359
They guessed based on New York, which was a faulty number.
00:31:43.440 --> 00:31:46.480
And I, you know, whoever made that decision made that decision, they just missed.
00:31:46.559 --> 00:31:47.279
It is what it is.
00:31:47.359 --> 00:31:48.480
It was a bad estimate.
00:31:48.640 --> 00:31:56.079
But let's stop using that to say that doctors are abusing the system when we just made a really bad estimate to start with.
00:31:56.160 --> 00:32:03.039
And frankly, everybody who uses that estimate and uses that argument knows how wrong that original estimate was.
00:32:03.200 --> 00:32:05.519
It's just convenient to use the argument.
00:32:07.039 --> 00:32:09.119
Can we take take that uh a step further?
00:32:09.279 --> 00:32:12.079
This idea that what if every doctor goes out of network tomorrow?
00:32:12.160 --> 00:32:18.480
I mean, with you know, let's steel man it a little bit, with this process in place, why don't more doctors go out of network?
00:32:18.559 --> 00:32:22.160
And are there some places that do use this as a revenue strategy?
00:32:22.319 --> 00:32:26.960
I mean, I've heard stories that seem kind of weird and can only really fit with this process in place.
00:32:27.039 --> 00:32:33.279
Like, for example, uh physician being in network but then making his PA out of network so he can get IDR claims for that.
00:32:33.359 --> 00:32:34.960
I mean, is there some gameship?
00:32:35.039 --> 00:32:36.640
Is there some abuse of the system going on?
00:32:36.799 --> 00:32:42.480
And and again, to this point, like why don't more doctors just go out of network if this does prove to be so lucrative?
00:32:43.599 --> 00:32:53.200
Well, I think I think we all, I think many doctors still uh A are underneath some form of employment or someone else who's making those decisions.
00:32:53.359 --> 00:33:06.880
And I think that those um, you know, if I'm working for a healthcare system that a hospital, I'm making tremendous amounts of money on taking those cases and bringing them into my hospital and on the facility side.
00:33:07.039 --> 00:33:16.799
And so, you know, and on the ancillary revenue, when they when the doctor refers out their imaging, their physical therapy, and all the other ancillary pieces, and then they keep that referral within our system.
00:33:16.880 --> 00:33:25.279
And so when they need an endocrinologist or a hospitalist or whatever, that's all staying in our system, and we're making money two, three, four times on that same patient.
00:33:25.519 --> 00:33:30.720
So um, I think a big piece of it is who runs and controls the practice.
00:33:30.960 --> 00:33:33.359
Um, that probably drives why it is.
00:33:33.440 --> 00:33:49.759
I, you know, the physician assistant you just mentioned, um, I would tell you from every physician I speak with who's in in the space and I and all the data we've ever looked at, you know, remember that physician assistants make 85% of what a physician would make if they assisted in a in a case.
00:33:50.000 --> 00:34:02.799
And honestly, arbitrarily without any real good data, um, the federal government set up that physicians, when they assist in the operating room, get paid 16% of what of what surgeon of what the primary surgeon gets paid.
00:34:02.880 --> 00:34:04.640
So it's 85% of 16%.
00:34:05.359 --> 00:34:17.119
At the end of the day, when you take that and you consider that, for instance, the federal government's looking at paying under$1,000 in physician fees for a doctor to do a total knee or total hip replacement in in next year.
00:34:17.280 --> 00:34:25.440
And then you say, okay, then I'm gonna take roughly 14% of that number and I'm gonna apply that and make that what the PA is going to make.
00:34:25.519 --> 00:34:30.719
And you know, that PA's got to be in the OR and that means they're not in clinic or they're not doing something else.
00:34:30.800 --> 00:34:41.119
And you think about that, I mean, 14% of eight,$850, that PA would have made more money seeing the first patient in clinic than they ever made working in the operating room.
00:34:41.360 --> 00:34:58.239
And so I think we're hitting a point where surgeons need the PAs in clinic in order to be efficient, but but but insurance companies consistently devalue the work that's being done there and are wanting to push that to hospitals or other people to have to pay that incremental amount.
00:34:58.400 --> 00:35:04.159
And surgeons are just taking it into their own hands and saying, listen, I'm gonna get paid this extra amount for my PA.
00:35:04.320 --> 00:35:09.519
Um, and I mean, frankly, PAs are probably underpaid for the amount of work that they're doing in these claims.
00:35:09.840 --> 00:35:13.519
Is it the hospital or the insurance companies that are undervaluing us or is it Medicare?
00:35:13.599 --> 00:35:18.480
I mean, it really all like you, like you mentioned, it's Medicare that made the rule about 16, 85% of 16%.
00:35:18.880 --> 00:35:22.719
It's Medicare that's devalued our RVU conversion factor year over year.
00:35:22.800 --> 00:35:25.440
It's Medicare that's added all this administrative burden, right?
00:35:25.519 --> 00:35:36.320
I I mean I hate insurance companies as much as anybody, but it really seems to me like it's Medicare the one that's been really ratcheting us down so that we don't even have Medicare as leverage for the insurance companies.
00:35:36.400 --> 00:35:49.360
In the UCR days, you know, you could at least fall back on Medicare with your UCR and say, I can be, you know, hold out a little more with the insurance companies, but with Medicare ratcheting everything down, it's you know, you need private insurance to supplement Medicare, not the other way around.
00:35:49.679 --> 00:35:59.679
Yeah, but what happens when private insurance contracts are below Medicare rates, which is happening all over the country for the largest insurers, which in most cities, in most states, I mean, I'm not calling anybody out.
00:35:59.760 --> 00:36:06.719
I'm just the the reality of it is in most states, Blue Cross Blue Shield is the dominant player, whether whatever their name happens to be in that market.
00:36:06.960 --> 00:36:12.800
Um, and can I mean uh the American Medical Association did a great study on the concentration of insurance markets.
00:36:12.880 --> 00:36:29.039
And I, you know, not to try and really dive out of this, but if you look at the data and and why um, you know, think tanks are going to push for benchmarking, because when insurance companies hold all of the chips in a market, they have price control.
00:36:29.119 --> 00:36:35.119
And when they have price control, that that that is proven in many studies to drive down the cost of care in a market.
00:36:35.280 --> 00:36:40.239
But the problem is that there is no bottom to how far they're willing to drive down the cost of care.
00:36:40.480 --> 00:36:50.400
And because of that, you end up with what has happened now, which is doctors leaving independent practice, driving into consolidation, becoming employed by largely healthcare systems.
00:36:50.559 --> 00:37:01.119
And when they become employed by a healthcare system, that drives the cost back up again because there is no, because the healthcare systems learned what the insurance companies were doing, they consolidated at the same time.
00:37:01.280 --> 00:37:03.039
And now you've got these behemoths.
00:37:03.199 --> 00:37:09.199
I say, you know, it's like King Kong fighting Godzilla in the center of every city across the world or across the United States.
00:37:09.360 --> 00:37:12.960
And ultimately, those two, neither one can truly win.
00:37:13.039 --> 00:37:15.440
And so they beat each other up and everybody else loses.
00:37:15.599 --> 00:37:21.119
And so the idea behind insurance consolidation is it will drive down cost.
00:37:21.280 --> 00:37:22.159
I agree with you.
00:37:22.320 --> 00:37:24.480
The problem is they will drive down cost too far.
00:37:24.559 --> 00:37:30.239
And I would tell you, I know many people in my own market whose insurance contracts are below Medicare rates today.
00:37:30.320 --> 00:37:33.840
And if we think Medicare is too low, insurance companies are paying way too low.
00:37:34.000 --> 00:37:56.800
And I, you know, I will say like the worst thing I have heard, and I won't say who has said it, but the worst thing I've heard in all of my meetings, and I try and meet with all the stakeholders in the No Surprises Act business, is when I've been told now, basically, hey, we understand that you guys are winning all this time in the No Surprises Act, and we agree that you deserve to get paid more.
00:37:56.960 --> 00:38:00.559
Um, help us fix this No Surprises Act and we'll pay you more.
00:38:00.800 --> 00:38:03.119
It's like, why does it take the No Surprise?
00:38:03.519 --> 00:38:12.559
What about the No Surprises Act makes these people in the private sector say, now we need to pay you guys more money and we're willing to do it?
00:38:12.639 --> 00:38:15.360
Like, why did it take the No Surprises Act to get to that?
00:38:15.440 --> 00:38:31.440
Why was that not something where when you see every one of my spine surgeon colleagues in this market driving up to the hospitals and becoming employed, why did anybody pick up the phone and call them and say, hey, before you take that contract, before you sign that contract, we're willing to sign a better contract.
00:38:31.599 --> 00:38:38.800
We're willing to make the economics, you know, better for you, but at the end of the day, a savings for us compared to you becoming employed.
00:38:38.880 --> 00:38:41.840
And I think that is where the entire healthcare system has fallen apart.
00:38:41.920 --> 00:38:45.199
The employers have largely given everything up to the insurance companies.
00:38:45.280 --> 00:38:49.679
The insurance companies have done everything they can to scrape every dollar out of the system.
00:38:49.840 --> 00:39:00.320
And now you you just don't have enough doctors who are willing to take anything and ultimately drive ourselves into these higher cost centers that ultimately drive the healthcare cost up, not down.
00:39:00.719 --> 00:39:12.159
Well, I guess the issue is that they didn't really care if that were to happen because yes, the the cost of uh uh joining uh these you know consolidation was high.
00:39:12.559 --> 00:39:25.440
Um, but now they're they're you know now an outer network person is getting uh is potentially getting rates that are even higher than what the contracted rate they have that they're paying to the hospital system, right?
00:39:25.760 --> 00:39:28.559
Because yeah, I I I would just caution when we do that.
00:39:29.199 --> 00:39:30.320
Here's what I would caution.
00:39:30.480 --> 00:39:30.800
Yeah.
00:39:32.159 --> 00:39:34.880
We can't assume a world like that.
00:39:35.039 --> 00:39:43.599
I think what we have to do if we're gonna have this as a as a true um kind of thought process, what we have to do is we have to create two worlds.
00:39:43.920 -->
00:39:51.519
The first world is where we never pass the No Surprises Act, and these out of network doctors go through the old process that they went through, right?
00:39:51.840 --> 00:39:57.199
Which it I'm gonna tell you right now, there are many plans that had statements that said they paid 80% of bill charges.
00:39:57.360 --> 00:39:58.880
That was in planned documents.
00:39:58.960 --> 00:40:01.760
They had to pay those amounts when the doctor was out of network.
00:40:01.840 --> 00:40:02.159
Okay.
00:40:02.400 --> 00:40:07.039
And it wasn't confined to whether it was done in an operating room or in a clinic or somewhere else.
00:40:07.119 --> 00:40:08.719
That was the plan document.
00:40:09.119 --> 00:40:11.360
Um, so you had you had that world.
00:40:11.519 --> 00:40:13.599
And then you have this world with the no surprises act.
00:40:13.679 --> 00:40:19.440
And I think if we're going to be truthful and honest about comparing it, we can't compare to what the in-network rate is.
00:40:19.519 --> 00:40:24.400
We have to compare to what it would be out of network if it weren't for the No Surprises Act, right?
00:40:25.119 --> 00:40:27.760
Because that's the reality of what has happened.
00:40:27.920 --> 00:40:32.880
We so the total reimbursement is what the reimbursement would be, what the cost sharing would be for the patient.
00:40:33.199 --> 00:40:47.920
Total cost of care for the entire United States, if if that same five or six percent of the United States of the United States doctors went into an out of network process and settled versus went through this process that they're going through now, what would that cost?
00:40:48.079 --> 00:40:51.679
And we know what that cost is, and I can tell you right now, it's a cost savings.
00:40:51.760 --> 00:40:59.679
And there are other, there are groups who have already done these analyses and they're showing that pre-NSA, we paid more for emergency care than we paid post-NSA.
00:41:00.239 --> 00:41:02.320
The difference is, here's the difference.
00:41:02.559 --> 00:41:08.639
The difference is that we now have a federal government who is counting every dollar.
00:41:08.800 --> 00:41:14.719
Previously, employers and insurance companies were not really paying attention and calculating every dollar.
00:41:14.800 --> 00:41:18.719
And so they didn't know how much they were truly spending out of network or it wasn't being disclosed.
00:41:18.880 --> 00:41:21.519
Now that it's being disclosed, they're like, oh my gosh, we paid it all.
00:41:21.599 --> 00:41:22.639
But what are they basing it on?
00:41:22.800 --> 00:41:23.920
A baseline of zero dollars.
00:41:24.000 --> 00:41:26.719
They're saying we spent$22 billion on out-of-network care.
00:41:26.800 --> 00:41:28.159
That's crazy, right?
00:41:28.400 --> 00:41:44.079
But they're not basing it on what is true, what truly would have happened with all of those claims had they gone through the old out-of-network process and what they would have settled for, which most of them would have settled for substantially more than what the first 95% are settling for, which is the QPA.
00:41:44.960 --> 00:41:56.000
But in the past you had you had you I mean in the past you you patients were being s stuck with some portion of that, correct?
00:41:56.320 --> 00:41:58.239
And so the pa and so no?
00:41:58.880 --> 00:41:59.440
Not always.
00:41:59.599 --> 00:42:16.960
So I would tell you in the majority of those out of network discussions, what would happen in the in the um in the negotiation between the physician and the insurance company, if they came to an agreement, um they would typically say, and as part of this agreement, we're we're holding the patient harmless for any further cost.
00:42:17.280 --> 00:42:25.360
Now, in in some cases, particularly in emergency medicine, um, they were not coming to agreements, and there were honestly some bad actors, right?
00:42:25.440 --> 00:42:29.119
And they were ultimately billing patients for substantially more money.
00:42:29.280 --> 00:42:38.320
They were making probably as much as they're making under the No Surprises Act, and we're still charging additional amounts above and beyond that into um to the patients.
00:42:38.400 --> 00:42:42.239
And so I I think I think there was a mix of that all going on.
00:42:42.400 --> 00:42:51.519
Uh, but I would tell you that in a lot of scenarios, the negotiation at the end of the negotiation between the insurance company and the doctor, they both agreed to hold the patient harmless.
00:42:52.079 --> 00:42:58.719
So I I think one of the one of the look, I I'm of course, uh as an independent physician.
00:42:58.880 --> 00:43:02.239
The problem with independent physicians is that we have zero negotiating leverage, right?
00:43:02.320 --> 00:43:09.039
I I I I mean, you just if if you're in network with Aetna, you're in network with uh uh United, uh you know, Blue Cross.
00:43:09.199 --> 00:43:11.760
I mean, what negotiation can I do with them?
00:43:12.079 --> 00:43:14.480
I just take whatever rate it is they give me, right?
00:43:14.559 --> 00:43:22.480
So, and and I'm not allowed to um talk to 12 other cardiologists in Philadelphia, right?
00:43:22.559 --> 00:43:28.079
Uh and organize and say, hey, you know, let's all go and form an organization and do this because why?
00:43:28.239 --> 00:43:29.280
Because price fixing, right?
00:43:29.360 --> 00:43:33.440
The the Sherman uh uh the Sherman uh Act that prevents uh price fixing.
00:43:33.599 --> 00:43:45.440
Now, the Sherman Act was specifically geared towards consumers who were shopping at like grocery stores and a bunch of grocery stores getting together, right, and and raising the price of bananas, okay?
00:43:45.679 --> 00:43:54.239
Because the idea was that the that the power um that this was this was unfair and uh you know, unfair uh um on the part of the suppliers.
00:43:54.480 --> 00:43:59.760
You wanted uh suppliers to be competing on uh producers and suppliers to
be competing on price.
00:44:00.320 --> 00:44:07.599
And if you organize against a single consumer, that was going a single consumer walking and trying to buy bananas, that was unfair.
00:44:07.760 --> 00:44:10.880
And and you can, I can see that, you can understand that, right?
00:44:11.119 --> 00:44:41.199
Of course, I think wrongly, I mean, I'm not a lawyer, but wrongly, I think physicians somehow have been handcuffed with doing with with with with doing this because of this market power asymmetry thing, even though the person that we're negotiating with is not, you know, Joe the plumber or Joe the investment banker, it's freaking United Health, which, you know, last I checked at$4 billion in in profit last quarter, right?
00:44:41.360 --> 00:45:08.159
And so it's like so what are so you know, when people talk about, oh, the unfairness of these No Surprises Act and oh these rates and oh these physicians, you know, it's fundamentally what it what it comes down to is that for the first time in forever, maybe, you have independent physicians that have some leverage in negotiating prices with with um uh uh with insurance companies.
00:45:08.320 --> 00:45:10.559
We've never we've never had leverage otherwise, right?
00:45:10.800 --> 00:45:16.320
Um uh I in leverage that specifically keeps the patients out of it, right?
00:45:16.480 --> 00:45:17.840
Mandated the patients are out of it.
00:45:17.920 --> 00:45:22.719
So now it really is insurance versus uh, you know, and us.
00:45:22.880 --> 00:45:25.599
And and yes, market prices have come up.
00:45:25.760 --> 00:45:40.159
Market prices have come up in large part because market because the market has been massively depressed by all these different things, by legislation, by federal government legislation that has suppressed uh uh the price of services to physicians, right?
00:45:40.400 --> 00:45:57.119
The legislation has not been geared to suppress healthcare costs because the moment anyone in the federal government talks about fixing healthcare costs or nationalizing healthcare, right, you know, now all of a sudden it's the coalition of us and the insurers together saying, okay, that's a very bad idea.
00:45:57.280 --> 00:45:59.519
We don't want uh prices to be fixed.
00:45:59.840 --> 00:46:10.480
But the the the federal government, that the legislation, that whole the sausage as it's being made, is being made to essentially control the costs that physicians can get.
00:46:10.639 --> 00:46:12.800
So they want to keep us at this percent.
00:46:13.280 --> 00:46:16.159
And by the way, we are the ones that provide all the services.
00:46:16.239 --> 00:46:30.320
We are the ones that should have all the leverage, which is why we're the most dangerous, and which is why I think there's you know, billions of dollars that are going not billions, uh maybe millions and hundreds of millions of dollars that are being are going into lobbying to kind of control that.
00:46:30.480 --> 00:46:39.760
So it's a very long monologue to say that, look, I I I get that you know, I'm fully if you're not unless you unless you make some radical changes.
00:46:39.840 --> 00:46:52.639
I'm talking about, you know, the Supreme Court reversing the uh um uh the uh uh ban on physicians organizing, but uh right, but uh and again, the only way physicians can organize is basically get under one NPI number.
00:46:52.800 --> 00:47:01.440
In order to get under one NPI number, now all of a sudden, you know, Adam, oh, that's a nice help, that's a nice EMR system that's nicely uh optimized for you.
00:47:01.519 --> 00:47:03.119
Oh, nope, you gotta you gotta change that.
00:47:03.280 --> 00:47:08.880
Oh, you you need a bank account, you need you need, you know, uh significant clinical and financial integration.
00:47:09.039 --> 00:47:14.880
I mean, basically strips your autonomy to join some larger group, pay them a management fee.
00:47:15.039 --> 00:47:16.320
Uh, you know, anyway.
00:47:16.400 --> 00:47:19.199
Uh so look, I I I I get I get that piece.
00:47:19.519 --> 00:47:34.079
But on the other side, um it seems, you know, I think the the the issue is is that people see this as this was supposed to uh uh you know address a narrow issue.
00:47:34.239 --> 00:47:40.079
It was not supposed to address the issue of physicians being unable to negotiate, right?
00:47:40.559 --> 00:48:02.079
Um and so I think part of the reason why there's all this bruh about this is that you know it was supposed to address a narrow problem and it's now being used by physicians, I think rightfully so, to correct to correct uh to correct kind of a larger problem.
00:48:02.400 --> 00:48:13.440
But if you really zoom out and go even more meta than than than this, um most of these are elective services uh that that that this is happening to, right?
00:48:13.920 --> 00:48:25.840
So uh you know from a from a principal standpoint, why is it that like should should we have knee replacements that are covered by third-party insurers?
00:48:26.000 --> 00:48:31.119
Why is it not something that is just between patients and orthopedic surgeons?
00:48:31.280 --> 00:48:42.960
Meaning go, you know, Oklahoma style, um, you know, and and say, hey, you know, Adam Adam Brugeman has a price list, you know, these I don't take insurance at all, and I just negotiate with the patients.
00:48:43.119 --> 00:49:00.400
You know, so some people will say that, you know, this is just another play by the COCAs and the Brugemans of the world to get a piece of that insurance pie when actually, if you want to be pure first principles about this, you you unplug, don't take any insurance again, don't do NSA.
00:49:00.639 --> 00:49:04.719
You just provide it, provide, provide us a uh, you say that, hey, I'm gonna do your knee replacement.
00:49:04.800 --> 00:49:05.840
This is my price.
00:49:06.000 --> 00:49:08.320
You know, if you want to pay it, go ahead and pay it.
00:49:08.880 --> 00:49:10.960
Yeah, there are people who do that, right?
00:49:11.039 --> 00:49:13.360
Uh the problem is that's gonna be market by market.
00:49:13.440 --> 00:49:18.719
If I'm in San Francisco, I probably have a lot more people who are willing to pay a cash price or Philadelphia or New York.
00:49:18.800 --> 00:49:23.760
Uh probably not as many in South Texas that are willing to pay a cash price to have their total knee replacement.
00:49:23.920 --> 00:49:40.159
And listen, I've got, um, to my knowledge, uh two colleagues in this community who are completely opted out of Medicare who do cash pay-only total joints, and um they seem to be pretty happy with what they're getting, and and it seems to be working for them.
00:49:40.239 --> 00:49:46.719
My question is, what if I mean, again, getting back to the same statement, could every doctor go do that in San Antonio?
00:49:46.880 --> 00:49:50.320
Would every doctor in this market be able to go to a cash pay market plan?
00:49:50.559 --> 00:49:54.400
And would A that limit access inappropriately to patients?
00:49:54.480 --> 00:49:59.519
And B, would that lead to, I mean, how many people could afford to ultimately do that?
00:49:59.599 --> 00:50:00.639
What would that look like?
00:50:00.880 --> 00:50:04.719
And I think that's the ultimate problem in some of these episodic care.
00:50:05.280 --> 00:50:10.400
Um I mean, why why why are any primary care doctors taking health insurance today?
00:50:10.480 --> 00:50:12.000
Why aren't they all direct primary care?
00:50:12.159 --> 00:50:25.280
When there's a much more clear model for them than there is for episodic care, like what all of us on this um, well, you know, Anish, you you you do provide some less than episodic care, but we, you know, really from a surgical speciality, we provide episodic care.
00:50:25.360 --> 00:50:26.880
How do you how do you price that?
00:50:27.039 --> 00:50:34.880
Um, but yeah, I mean, not everybody's in DPC because not everybody can afford it, but I I I do I think we have to, I think a couple of things.
00:50:35.039 --> 00:50:36.880
One, we have to work within the system we have today.
00:50:36.960 --> 00:50:40.800
And so as physicians, we, you know, the dominant system is an insurance system.
00:50:40.880 --> 00:50:51.599
It doesn't mean we're not working towards something else, uh, but you've still got to keep the lights on, as as they said when I was in health administration school, you know, no margin, no mission, right?
00:50:51.760 --> 00:50:56.800
So if you may have the best mission in the world, but if you have no margins, it really doesn't matter whatsoever.
00:50:56.960 --> 00:51:00.960
So physicians have to do what they need to do within the fee-for-service system.
00:51:01.119 --> 00:51:06.320
Um, but that doesn't mean we can't be arguing for continued change to other systems.
00:51:06.639 --> 00:51:18.880
What that may be, and I think all of everyone on this call has has come up with some great ideas about how to fully reform the healthcare system into a better system that can align cost, quality, and value.
00:51:19.199 --> 00:51:20.800
I I I do find it amusing.
00:51:20.880 --> 00:51:25.360
That's very well said, you know, uh we have to work within the system we have, right?
00:51:25.440 --> 00:51:33.440
I mean, you have and and what we have is a tremendous number of people that are paying insurance premiums for to get their knee replaced if they were to get their knee replaced, right?
00:51:33.679 --> 00:51:38.800
Um so yeah, you know, uh and I think we I think we can do both, right, uh Adam.
00:51:38.880 --> 00:51:48.159
I I mean uh my my concern is that you know, as much as physician prices are depressed for um uh in in many ways, right?
00:51:48.400 --> 00:51:59.039
But there's also, of course, inflation of physician service physician value as well because of the third party system.
00:51:59.199 --> 00:52:16.880
Right, if you if you didn't have a third party system that existed at all for elective services, like some of our some of us some of us would think would be the cleanest model for elective stuff, um then it's probably the case that many of us would make less than we make now.
00:52:18.320 --> 00:52:24.960
Um, I mean obviously if if you didn't have Medicare that paid for nuclear stress tests, right?
00:52:25.280 --> 00:52:27.360
There'd be a lot fewer nuclear stress tests done.
00:52:27.679 --> 00:52:29.199
That revenue stream would go down.
00:52:29.280 --> 00:52:35.119
So the the value of a general non-invasive cardiologist uh you know would be would be reduced.
00:52:35.199 --> 00:52:38.960
And so there is this it's this interesting problem here.
00:52:39.039 --> 00:52:54.960
There's there's no question, you know, it's insanity what a spine, you know, you guys are you know insanely uh uh talented individuals who do extreme you know stuff that you know whatever a few hundred people or s can do in the in the United States.
00:52:55.199 --> 00:53:08.880
Um and you compare that to, you know, the average, say, lawyer, not average lawyer, but you compare that to a lawyer, you know, of any any type of similar thing, and and and and the dollars per hour are just insanely different.
00:53:09.360 --> 00:53:19.360
And you know, I'd argue that of course you guys are you know getting, you know, what is the value of getting somebody who can't who who's who has pain every time they take a step and making them pain free, right?
00:53:19.599 --> 00:53:22.480
So I I I I I totally get it.
00:53:22.559 --> 00:53:44.800
And I think I think you know, there's certainly value that is there there's certainly do you see what I'm uh you know, I struggle a little bit with the fact that in our massively third-party funded system, there's probably a large share of us who are, as physicians, who are, you know, kind of benefiting from that.
00:53:44.880 --> 00:53:50.800
And if we were out on the open market, it may be a lot harder for us to kind of, you know, get paid.
00:53:51.280 --> 00:54:06.159
I I would tell you
the people who are who have opted out have told me that they make more money in the the cash paying uh surgeons that I know um in the total joint space make more money than they did when they were accepting health insurance or Medicare.
00:54:06.639 --> 00:54:09.840
Again, the question is, is that truly scalable?
00:54:10.320 --> 00:54:11.440
Could everybody go there?
00:54:11.599 --> 00:54:16.239
Just like the, you know, the primary care is the easiest one because they're so much farther ahead of everybody else.
00:54:16.480 --> 00:54:19.760
Could every doctor in your market go to direct primary care?
00:54:19.840 --> 00:54:22.320
And would there be enough patients who are willing to pay?
00:54:22.480 --> 00:54:27.840
And I don't know what the going rate is right now for DPC, but are there enough people who are willing to pay that rate?
00:54:28.000 --> 00:54:29.519
Could could everybody become like Dr.
00:54:29.599 --> 00:54:33.440
Kaufman, all the emergency medicine physicians and open their own urgent cares?
00:54:33.599 --> 00:54:35.360
Is there enough need for that sort of thing?
00:54:35.599 --> 00:54:40.400
So those are the questions like the you know, the insurance market works for everybody.
00:54:40.559 --> 00:54:45.519
Um, some of these other ideas maybe don't work at scale for everybody.
00:54:45.679 --> 00:54:52.320
And um that's you know, how do you maintain access while at the same time, same time working on these changes?
00:54:52.719 --> 00:54:53.199
Excellent point.
00:54:53.360 --> 00:54:59.840
Um because obviously no nobody's gonna be happy if they if you suddenly, you know, uh 20% of the population can't can't afford a knee replacement, right?
00:54:59.920 --> 00:55:02.400
Um, so getting to that model is different.
00:55:02.800 --> 00:55:11.360
Uh we didn't talk uh uh perhaps we're remiss to not talk a little bit about um the IDR process in terms of the arbitrators, because the arbitrators have been in the news as well.
00:55:11.599 --> 00:55:19.840
Um you know, the the the put the pushback would be that um the arbitration pro arbitration process in terms of deciding what is an appropriate fee is incorrect.
00:55:20.000 --> 00:55:30.559
One of my big uh pet peeves whenever we talk when whenever um some think tank person talks about uh the arbitration process and and you know these uh, you know, oh my God, they they got this super high number.
00:55:30.639 --> 00:55:39.360
And it's like, okay, if they got the super high number, I I I what I need to know, what I need to know is what were the two offers, right?
00:55:39.440 --> 00:55:50.880
Yeah so because if the offer was a dollar for some some some knee replacement, uh, or the offer was$100, then maybe this is incompetence on the part of the insurance company because what do you want the arbitrator to do?
00:55:51.119 --> 00:55:55.440
Now, Adam, I would say on the flip side, I mean, and that data should be out there, right?
00:55:55.519 --> 00:55:57.039
Adam, why is that data
not out there?
00:55:57.119 --> 00:55:58.559
What is what are the offers?
00:55:58.719 --> 00:56:02.880
Are these are these awards that are say 26 times the QPA?
00:56:03.119 --> 00:56:23.199
Um, and again, I not not I'm not saying that the QPA is necessarily the be all and end all, but but some of these awards that are that seem outsized relative to uh you know that shock the conscience or whatever, uh are those awards bad arbitration or are they because of bad offers?
00:56:24.400 --> 00:56:29.920
I mean, listen, I I think the hard part is that none of us are arbitrators, and I think that's the question that we've always asked.
00:56:30.000 --> 00:56:53.599
I they what I honestly what I really hate about it is that what's happened is that people have said this theory if arbitrators only get arbitrations when there's a dispute between a doctor and an insurance company and they always side on behalf of the insurance company, then they would cut off their own supply of revenue.
00:56:53.840 --> 00:57:02.960
And therefore, all arbitrators are biased to select physician numbers in order to keep the money train coming.
00:57:05.119 --> 00:57:06.639
That is the argument, right?
00:57:06.800 --> 00:57:07.679
Now think about that.
00:57:07.760 --> 00:57:10.960
I mean, I I don't know how many, I I I've never looked into the data.
00:57:11.199 --> 00:57:16.079
How many arbitrators are there, many of which are contract, outsourced, and contracted, right?
00:57:16.239 --> 00:57:19.280
How many arbitrators are there in any one given company?
00:57:19.920 --> 00:57:32.960
That you would have to have a company that would have some sort of company policy that instructs every single arbitrator to find in this way, or that they lose business or they're no longer selected as an arbitrator, right?
00:57:33.119 --> 00:57:38.960
You would have to find company policies that support that to show that that's actually the case.
00:57:39.119 --> 00:57:47.280
And they have interviewed, they just I saw a recent article where they interviewed IDRE, former employees, people who've worked there before, been previous arbitrators.
00:57:47.440 --> 00:57:52.559
Not a single one of them said they didn't follow the law or they didn't follow the way the law was written.
00:57:52.719 --> 00:57:58.000
All of them said they followed the way the law was written, um, and then talked about how the process works.
00:57:58.159 --> 00:58:02.800
So I think I think the arbitrators are doing what they can do.
00:58:02.960 --> 00:58:04.639
I think this is based on offers.
00:58:04.719 --> 00:58:09.360
And listen, they're humans, they're gonna look at two offers and they're gonna pick the best offer.
00:58:09.519 --> 00:58:23.760
I I I, you know, if you're a high offer and your other other side of that is a very low number, and you've got to pay arbitration fees when you lose, which may completely wipe out whatever dollar amount you got paid, so that you get paid essentially zero dollars.
00:58:24.000 --> 00:58:29.840
You gotta like, you know, you would really strongly think about whether or not you want to put that number forward if you think it's fair or not fair.
00:58:30.000 --> 00:58:36.400
So it's clear to me that when the physicians are going to arbitration, they feel confident that their number is accurate and fair.
00:58:36.639 --> 00:58:39.360
And it's clear to me that the arbitrators are agreeing.
00:58:39.519 --> 00:58:51.679
I I don't know that we can get into the mind of the arbitrators to say why that is, but if you also need to know that like almost half of all arbitrations are being won on defaults, which means that the insurance company didn't even show up.
00:58:52.000 --> 00:58:55.599
So it's hard to parse all that out.
00:58:55.679 --> 00:59:01.039
And like just getting to your PA example, I can't remember what it is, the Paragon Institute said 25 times or something like that.
00:59:01.199 --> 00:59:03.519
Remember, the PA is probably only getting paid$100.
00:59:04.159 --> 00:59:13.199
So when we say 25 times, like I think sometimes we imagine these massive numbers means that the PA probably got got paid in some of these claims$2,000.
00:59:13.519 --> 00:59:15.119
Now, is that a high number for a PA?
00:59:15.280 --> 00:59:25.360
It's a higher number for a PA, but it's also not like some number that people are going, oh my gosh, they got paid$250,000 for this, and that was 25 times the normal rate.
00:59:25.599 --> 00:59:38.320
And um the other really interesting thing is is that when when uh the um there was an orthopedic study that was done, and I need to find out, uh, I need to look and see who did it because I can't remember off the top of my head.
00:59:38.480 --> 00:59:42.239
But they asked patients, how much do you think your doctor got paid for this?
00:59:42.480 --> 00:59:46.800
And what do you think was a fair amount that the doctor should have gotten paid for it?
00:59:47.039 --> 00:59:52.400
And the answer to the fair amount that the doctor should have gotten paid was over 10 times what Medicare pays.
00:59:52.559 --> 01:00:00.880
So when we ask, when we ask the people receiving the care what they think the value of the care is, it's over 10x what Medicare pays on average.
01:00:01.039 --> 01:00:01.199
Yeah.
01:00:01.360 --> 01:00:23.039
Um, and that part is really hard for the insurers to get their head around because they believe that the number they put out there is the fair amount because what they think is, as you said, that that was a fair negotiation between a doctor and an insurance company when in many cases it was a very lopsided, one-sided David versus Goliath, not a fair at-arm's length transaction.
01:00:24.079 --> 01:00:30.079
Yeah, and you know, the one thing is that this is from the uh I uh from the Paragon Institute's own uh data.
01:00:30.320 --> 01:00:34.159
I mean, most IDR awards actually fall within five times the QPA.
01:00:34.320 --> 01:00:36.239
Like the vast majority
cluster there, right?
01:00:36.400 --> 01:00:42.000
So, you know, it's it is really frustrating to see, and that's an important uh uh point.
01:00:42.159 --> 01:00:50.159
I mean, one, the QPA is probably depressed, suppressed, but the vast majority cluster uh within five times the QPA.
01:00:50.320 --> 01:00:56.880
It is the rare outliers that cluster at significant numbers, uh uh, you know, uh significant multiples beyond that.
01:00:57.119 --> 01:01:08.880
And so, you know, of course, the solution that's proffered by by a number of think tanks is just get rid of the whole IDR process or get rid of the IDR process for the elect for elective stuff only.
01:01:09.039 --> 01:01:21.119
When, okay, but what is your evidence that this is working so so badly if the vast majority, just by your own data that you put out, suggests that the vast majority cluster within uh uh you know five times the QPA.
01:01:21.199 --> 01:01:25.840
So and just don't forget, this is an outlier of an outlier, okay?
01:01:26.000 --> 01:01:26.239
Right.
01:01:26.400 --> 01:01:29.599
When we do statistical tests, 5% is the outlier.
01:01:29.760 --> 01:01:32.480
The 5% is the amount that's going to the arbitration.
01:01:32.559 --> 01:01:35.519
They're not arguing that they're winning 95% of the time.
01:01:35.679 --> 01:01:41.199
What they're arguing about is we're losing five percent of the time, and we can't stand to lose any of the time.
01:01:41.519 --> 01:01:47.519
We believe that our original rate that we pay 95% of the time is the rate that should be the payment for all 100%.
01:01:48.000 --> 01:01:48.400
Why?
01:01:48.639 --> 01:01:49.519
Because we said so.
01:01:49.760 --> 01:01:51.440
It just not because there's data.
01:01:51.760 --> 01:01:55.760
It goes to show you how much better they are on the business front than we are.
01:01:55.920 --> 01:01:57.039
I'm telling you, it's insane.
01:01:57.199 --> 01:02:00.719
Like, you know, you and you and I both run these independent practices, right?
01:02:00.880 --> 01:02:07.599
Like, if we told some MBA about how it is we do collections, like meaning, I mean, it'd be insane, right?
01:02:07.760 --> 01:02:13.119
I mean, that the amount of money that that you know I write off every month in collections, right?
01:02:13.199 --> 01:02:15.119
Uh, because I'm I'm, you know, whatever.
01:02:15.280 --> 01:02:17.599
Um, but you know, to them, that'd be like, what?
01:02:17.679 --> 01:02:18.880
You're a stupid, you're stupid.
01:02:18.960 --> 01:02:25.599
Like, why aren't you turning this over to some collections agency that then ends up in some, you know, that you know, that threatens lawsuits and all that stuff.
01:02:25.920 --> 01:02:39.679
But but just it goes to show you that even if I'm making the point that even though this this deals with 5% of all the of all these cases, that is a expense fund that is potentially growing, and they're gonna come after that.
01:02:39.760 --> 01:02:42.719
And they're not gonna come after that
and just write polite little emails.
01:02:42.880 --> 01:02:47.360
No, they're gonna they're gonna send they're gonna send all this stuff to the New York Times, right?
01:02:47.440 --> 01:02:48.239
With the outliers.
01:02:48.400 --> 01:02:52.239
They're gonna send it, you know, they're gonna you know feed whoever in the ecosystem.
01:02:52.320 --> 01:02:59.840
And that ecosystem is gonna blare these outlier cases uh uh as if that is the norm, and this is what's raising healthcare prices.
01:03:00.079 --> 01:03:00.639
Yeah, Brookings.
01:03:00.960 --> 01:03:01.519
Meanwhile.
01:03:01.760 --> 01:03:01.920
Yeah.
01:03:02.159 --> 01:03:18.719
Meanwhile, you know, what's raising healthcare prices as everyone, I mean, apparently Zeke Zeke Manuel, Brian Blaise, Ashis Shah, Anthony DeGiorgio, all all the great minds together can can acknowledge that, my God, this is actually, can we talk about hospital consolidation?
01:03:18.960 --> 01:03:24.159
Um, though it is fascinating to me that, I mean, again, these are maybe, I don't know.
01:03:24.320 --> 01:03:29.199
I I I I also think that as smart as they are, they don't necessarily play the long game, right?
01:03:29.440 --> 01:03:42.159
Like I still go back to this insane conversation I had with a healthcare executive on some panel I was doing, and I was asking, like, don't you want multiple different providers and multiple different regional health systems that are doing the same thing so you can negotiate, negotiate?
01:03:42.320 --> 01:03:47.599
And and he literally looked at me blankly and said, No, we just want one health system to do everything.
01:03:47.760 --> 01:03:49.920
I'm like, well, then they have complete price control.
01:03:50.079 --> 01:03:50.719
Is that not true?
01:03:50.800 --> 01:03:55.440
I'm like, and then he just shrugged his shoulders, like, well, then they would be providing high quality because they're high volume.
01:03:55.679 --> 01:03:57.360
Yeah, they're also not for profit.
01:03:57.599 --> 01:03:58.719
Yeah, right, right, right, yeah.
01:03:58.880 --> 01:04:05.119
Anyhow, it it's a perplexing thing, but but I think it I do think it goes to show how much they care.
01:04:05.199 --> 01:04:12.960
And also that a very important point that this represents an off-ramp for a lot of people that are in that work that are stuck taking these in-network rates.
01:04:13.119 --> 01:04:19.840
And I mean, if you're a solo hand surgeon in New York, right, um now you have now you've got leverage.
01:04:19.920 --> 01:04:22.559
Now you can say, you know what, I don't have to work for the health system.
01:04:22.719 --> 01:04:27.280
I can go out and I can negotiate these, I I can I can have negotiating power.
01:04:27.360 --> 01:04:30.079
Uh, and and I don't think insurance companies like that.
01:04:30.239 --> 01:04:36.719
They want everything, they want all different levers to be fixed because that they need the house to always win.
01:04:36.800 --> 01:04:38.480
And that is, and that, and that's what happens.
01:04:38.800 --> 01:04:42.000
So all right, sorry I monopolized a lot of that.
01:04:42.079 --> 01:04:47.519
Umath, any any any other questions, issues you think of here?
01:04:48.000 --> 01:04:52.719
I think it's really funny that they're so I saw that 22 billion figure.
01:04:53.519 --> 01:05:02.000
I I'm I'm just shaking my head, laughing, going they're that last five percent, they're they're fighting tooth and nail for it.
01:05:02.320 --> 01:05:07.679
I I and I'm just it's just it's just nine the 95% is isn't uh isn't enough.
01:05:07.920 --> 01:05:08.800
You know, what are you gonna do?
01:05:08.960 --> 01:05:12.800
And so I mean the the the question I was gonna ask you, you sort of answer this.
01:05:13.039 --> 01:05:20.719
Um is the problem that we're overpricing the problem that they're under pain.
01:05:21.119 --> 01:05:21.760
I think we know these.
01:05:22.239 --> 01:05:23.119
They've already admitted it, right?
01:05:23.199 --> 01:05:28.559
They've already they've already told us in meetings that they're under pain and they know they're under pain, and how do we make this go away?
01:05:28.639 --> 01:05:34.159
Because we're we don't want these big numbers, we don't want to pay these larger amounts out, but we know we're under pain.
01:05:34.239 --> 01:05:35.280
So how do we get there?
01:05:35.599 --> 01:05:37.840
Yeah, so I mean who's gonna do a Medicare knee?
01:05:37.920 --> 01:05:45.119
I'm in an orthopedic practice, and when I talk to my orthopedic partners about that, like Medicare pays us a thousand dollars for a total knee.
01:05:45.280 --> 01:05:47.360
Who's gonna do a total knee for$500?
01:05:49.119 --> 01:05:51.039
No one's gonna do a total knee for$500.
01:05:51.840 --> 01:05:53.679
The hospital employee doctor, why?
01:05:53.760 --> 01:06:03.519
Because$500 is a drop in the bucket compared to the you know forty, fifty thousand dollars they've negotiated at the facility side and and their and their margins on that.
01:06:03.599 --> 01:06:09.280
Um they they they don't care about the whether the doctor makes$500 or$1,000.
01:06:09.519 --> 01:06:12.239
It just is not material to their take-home.
01:06:12.800 --> 01:06:18.719
And the downstream revenue they get from the PT and the brace and the MRI and the yeah, all that.
01:06:19.199 --> 01:06:30.000
You know, if you just if you could publish a price and set it up with the patient, say this is what you pay for a total me, we're spending a lot of money to make sure people don't know what the what their health care costs.
01:06:30.400 --> 01:06:50.559
I I uh and I'll I'll try uh not to close on a really down point, but like what I what I said in one of my most recent talks is do we need are are we okay with or do we understand that many people are now seeing the physician fee schedule as a loss leader in order to make other revenue?
01:06:50.880 --> 01:06:57.360
Because that is how we all make our money, but that is not how anybody else in healthcare
makes their money.
01:06:57.519 --> 01:07:01.760
We are just purely a loss leader to get someone in the door to get something done.
01:07:01.920 --> 01:07:07.760
And that is a scary, scary statement, in my opinion, but it is the reality of where I see the economics currently.
01:07:08.079 --> 01:07:11.440
Well, that's 150% true if you are taking Medicare, right?
01:07:11.599 --> 01:07:25.280
It's like you know, Medicare Medicare reimbursement for those who have been asleep, Medicare reimbursement has gone down 33% uh, you know, uh if you adjust for inflation over the last, you know, whatever, 30 years, uh, compared to facility fees, which are just zooming up.
01:07:25.360 --> 01:07:27.760
So total Medicare cost is massively up.
01:07:27.920 --> 01:07:31.760
Uh physician fees are are down for Medicare.
01:07:31.840 --> 01:07:35.039
So Medicare for the large health systems, 100%.
01:07:35.599 --> 01:07:37.599
You are a lost leader if you're doing that, right?
01:07:37.679 --> 01:07:38.480
So all right.
01:07:38.559 --> 01:07:39.440
Well, uh, Dr.
01:07:39.519 --> 01:07:42.239
Giorgio has pumpkins to car with with with the kiddos.
01:07:42.480 --> 01:07:43.519
Uh very exciting.
01:07:43.679 --> 01:07:47.360
Um, so uh, but and this has been a fantastic uh hour-long discussion.
01:07:47.519 --> 01:07:51.280
I really hope folks listen and tune in, listen again on Spotify.
01:07:51.360 --> 01:07:59.039
Like the your value as a physician is completely dependent on the discussions that uh uh and and the advocacy that Dr.
01:07:59.119 --> 01:08:02.239
Brugman is uh is kind of is talking about.
01:08:02.400 --> 01:08:07.360
Um uh, you know, you're not you're not naturally worth anything, right?
01:08:07.679 --> 01:08:19.439
The system has to be set up to make you work something in healthcare in terms of how it's set up uh uh uh today, because most of it is in the insurance market, most of it is Medicare, most of it is Medicaid.
01:08:19.520 --> 01:08:24.399
And so what you're worth has everything it has everything to do with this conversation, right?
01:08:24.560 --> 01:08:27.920
I mean, you you can see, I mean, the the Paragon Institute actually says it.
01:08:28.000 --> 01:08:37.119
The Paragon Institute says that one of the problems here is that you know, with more and more of these out-of-network uh rates being being higher, then in-network rates are gonna rise.
01:08:37.279 --> 01:08:46.720
Oh no, physician, god forbid, god forbid, like you know, uh your in-network rates will go up, uh, you know, dragged up by anything.
01:08:46.880 --> 01:08:48.800
So super important, you know.
01:08:48.880 --> 01:08:56.640
I don't care what your politics are, right, left, you know, green, uh, you know, uh, I don't care what your position is on Israel, Palestine, or Iran.
01:08:56.800 --> 01:09:05.279
Um, if you're a physician in the United States, you we should all be uh uh on one boat, uh uh hopefully not sinking.
01:09:06.960 --> 01:09:07.920
All right, folks.
01:09:08.079 --> 01:09:08.800
Thanks so much.
01:09:08.880 --> 01:09:09.760
Uh we Dr.
01:09:09.840 --> 01:09:14.640
Burguin, we we have to have you on, you know, we should just schedule you for uh every four week uh episode.
01:09:15.600 --> 01:09:16.319
Thank you so much.
01:09:16.479 --> 01:09:17.119
I appreciate it.
01:09:17.359 --> 01:09:18.239
Thanks so much for coming on.